Provision record
Gusto · Gusto Privacy Policy · View original document ↗

Opt-in consent for sensitive personal information

High severity High confidence Explicit document language Common · 296 of 352 platforms

Key Facts

When will Gusto obtain opt-in consent before processing certain sensitive personal information?
Where required by applicable law, Gusto will obtain opt-in consent before processing certain sensitive personal information, such as precise geolocation, Social Security number, and biometric data.
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This analysis describes what Gusto's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This clause conditions Gusto's processing of sensitive personal information on obtaining prior opt-in consent, but only where applicable law requires it, meaning consent is not universally guaranteed.

Recent Activity

This document changed recently

Medium Jun 1, 2026

The updated Privacy Policy now explicitly states it covers retirement account management (401k, SEP IRA, IRA accounts) and adds Stripe alongside Plaid as a third-party service provider that collects financial institution data. The policy restructures how it describes Gusto's role in different contexts: when Gusto acts as a service provider processing payroll or other data on behalf of employers, when it acts as an employer itself, or when it operates as a co-employer under a professional organization (PEO) arrangement, with separate privacy notices applying in each case. The policy introduces a new commitment that de-identified data will not be re-identified except to verify compliance with applicable law. If you connect a bank account through Stripe, that data will be treated under Stripe's Privacy Policy, which you should review separately.

View change record →

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 10, 2026
First Seen
Jul 10, 2026
Last Seen
This clause type exists across 4186 other provisions on other platforms.

Consumer impact (what this means for users)

In jurisdictions where law requires it, Gusto will ask for your opt-in consent before processing sensitive personal information including precise geolocation, Social Security numbers, and biometric data.

How other platforms handle this

Baseten Medium

Category A: Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number... Collected: Yes.

ZipRecruiter Medium

You may give us your Identity Data, Contact Data, Financial Data, Profile Data, and other information by filling in forms or by corresponding with us by post, phone, e-mail or otherwise.

Instacart Medium

if you place a restaurant order, our restaurant partner will collect and process your credit card or other payment information in order to fulfill the order.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
Where required by applicable law, we will obtain your opt-in consent before processing certain sensitive personal information such as precise geolocation, Social Security number, and biometric data.

Excerpt from Gusto's Privacy Policy

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
FTC Act Section 5
United States Federal
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
Gusto Privacy Policy
Entity
Gusto
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 10, 2026
Record ID
CA-P-038429
Document ID
CA-D-00294
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
c4d8f17389d7d8490a863657e4b23ec13d3e6ba6188da2fae2a3bc7f510d2148
Analysis generated
May 10, 2026 11:04 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Gusto
Document: Gusto Privacy Policy
Record ID: CA-P-038429
Captured: 2026-05-10 11:04:56 UTC
SHA-256: c4d8f17389d7d849…
URL: https://conductatlas.com/platform/gusto/gusto-privacy-policy/provision/CA-P-038429/opt-in-consent-for-sensitive-personal-information/
Accessed: Aug. 18, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Gusto's Opt-in consent for sensitive personal information clause do?

This clause conditions Gusto's processing of sensitive personal information on obtaining prior opt-in consent, but only where applicable law requires it, meaning consent is not universally guaranteed.

How does this clause affect you?

In jurisdictions where law requires it, Gusto will ask for your opt-in consent before processing sensitive personal information including precise geolocation, Social Security numbers, and biometric data.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 296 platforms. See the full comparison.

Is ConductAtlas affiliated with Gusto?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Gusto.