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
While we do not generally search for content in your workspaces, we may scan our servers and content to detect certain tokens or security signatures, known active malware, known vulnerabilities in dependencies, or other content known to violate the Postman Terms of Service.
In order to prevent an unauthorized takeover of your account or unauthorized access to your personal data, we may decline deletion of, access to, or recovery of your account via an authorized agent at our sole discretion.
In some circumstances Canva will not be able to comply with your request regarding your personal data. If we are unable to remove any of your information, we will explain why.
"We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete your personal information, we may retain some or all of it for legal purposes.Excerpt from Gusto's Privacy Policy
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The clause states: “We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete your personal information, we may retain some or all of it for legal purposes.”
ConductAtlas has identified this type of provision across 250 platforms. See the full comparison.
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