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 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.
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"This may include the use of session-recording technology to help us perform a number of functions, including to analyze purchase behavior and optimize our checkout process.Excerpt from Gusto's Privacy Policy
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The clause states: “This may include the use of session-recording technology to help us perform a number of functions, including to analyze purchase behavior and optimize our checkout process.”
ConductAtlas has identified this type of provision across 296 platforms. See the full comparison.
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