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 updated policy states that Gusto discloses identifiers and internet or electronic usage data to advertising, business, and technology partners. Under U.S. state privacy laws, this disclosure constitutes a 'sale' or 'share' of personal information. The policy now explicitly describes this practice and provides an opt-out mechanism. You can opt out of the sale or sharing of personal information through the Cookies, Analytics, and Other Tracking Technologies section.
View change record →The updated privacy notice now explicitly covers retirement account access and use (401(k), SEP IRA, IRA), expanding the scope of activities governed by Gusto's privacy practices. The policy introduces optional AI-powered integrations that, when enabled, may disclose personal information to third-party AI providers such as OpenAI; Gusto states it will not permit these providers to use the data to train their models. The revised terms also clarify when the privacy notice does not apply (when Gusto acts as a processor or service provider) and direct users to the Employer Data Processing Addendum for those scenarios. You can review the specific AI providers and integration options available through your Gusto account settings before enabling any AI features.
View change record →How other platforms handle this
We will retain your Data for as long as necessary: (i) to achieve the purposes as set out in this Policy; (ii) as required by applicable laws and regulations, including any mandated retention periods...
We retain your personal information in an identifiable form for as long as necessary for the purposes set out in this Notice.
ALPR Information is stored for approximately 30 days before it is permanently deleted unless the information is retained for investigative or legal purposes.
"Disconnecting an integration will stop future disclosures of personal information to that provider; however, any personal information previously shared with the provider will be subject to that provider's privacy policy...Excerpt from Gusto's Privacy Policy
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The clause states: “Disconnecting an integration will stop future disclosures of personal information to that provider; however, any personal information previously shared with the provider will be subject to that provider's privacy policy...”
ConductAtlas has identified this type of provision across 268 platforms. See the full comparison.
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