Gusto collects highly sensitive data including Social Security numbers, bank account numbers, health and medical information, biometric data, and immigration status as part of its payroll and HR services.
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
The clause establishes Gusto's authority to collect sensitive personal data from employers as a condition of account setup and ongoing service delivery, with collection scope determined by Gusto in its sole discretion. This operational requirement enables identity verification and due diligence processes that Gusto deems necessary for account management.
The updated policy explicitly discloses that Gusto sells or shares personal information (defined under state privacy laws) with third parties including business, advertising, and technology partners. The company describes 'sale' as providing information in exchange for valuable consideration, and 'share' as providing information for cross-context behavioral advertising. This disclosure formalizes practices that may have been permitted under previous language but were not explicitly described. You can opt out of sales or sharing of personal information through the Cookies, Analytics, and Other Tracking Technologies section.
View change record →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 →Your most sensitive personal information is stored by Gusto and could be at risk if shared inappropriately or exposed in a data breach. This data is used for payroll processing, benefits administration, and tax filing.
How other platforms handle this
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.
you may refer a friend to Instacart or send an Instacart gift delivery or gift card to someone. In these cases, we collect the recipient's name, email, and delivery address, as applicable.
We collect information about your use of the Services, such as the dates and times of access, browsing history, search, information about the links you click and about third-party applications...
"Gusto will require Employer to provide certain information to us from time to time, but in particular during onboarding of the Employer Account, to help us verify Employer's business entity information, the identity of Employer's Administrators and signatory, and perform other additional due diligence as we may deem necessary in our sole discretion. This information may include (but is not limited to) full name, address, date of birth, Employer taxpayer ID, telephone number, email address, business entity ownership documentation, and other information that will allow us to identify Employer, Employer's signatory, and/or Employer's Administrators.Excerpt from Gusto's Privacy Policy
Collection of SSNs, financial account data, biometric identifiers, and health information triggers heightened obligations under CCPA/CPRA's sensitive personal information provisions, HIPAA (for health data), and applicable state laws.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Netflix updated its Privacy Statement on April 18, 2026, disclosing voice recording collection and expanded household ad profiling for the first time.
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The clause establishes Gusto's authority to collect sensitive personal data from employers as a condition of account setup and ongoing service delivery, with collection scope determined by Gusto in its sole discretion. This operational requirement enables identity verification and due diligence processes that Gusto deems necessary for account management.
Your most sensitive personal information is stored by Gusto and could be at risk if shared inappropriately or exposed in a data breach. This data is used for payroll processing, benefits administration, and tax filing.
ConductAtlas has identified this type of provision across 296 platforms. See the full comparison.
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