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

Third-Party Data Sharing and Marketing Partners

High severity Common · 288 of 352 platforms
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Document Record

What it is

Gusto shares your personal information with third-party service providers, financial partners, and in some cases marketing affiliates to operate its services and for targeted advertising purposes.

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 provision establishes the operational framework for employer-initiated third-party service integrations and allocates responsibility for legal compliance and data accuracy to the employer rather than to Gusto when employer data is shared with third-party service providers.

Recent Activity

This document changed recently

Medium Aug 29, 2026

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 →
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
5
Months Monitored
Apr 3, 2026
First Seen
Apr 17, 2026
Last Seen
This clause type exists across 4430 other provisions on other platforms.

Consumer impact (what this means for users)

Your data may flow to companies you've never heard of, including advertising partners. California residents and users in certain other states can opt out of this sharing of personal information.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Export Your Data
    Visit https://gusto.com/privacy-request to submit an opt-out of sale/sharing request or to request a copy of your data. California and other eligible state residents may use this form to exercise their rights.

How other platforms handle this

Skillshare Medium

Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud

Squarespace Medium

we may use, retain or share information with law enforcement or others in circumstances where a person's vital interests require protection, such as in the case of emergencies.

Ancestry Medium

Under Section 1798.83, Ancestry currently does not share any Personal Information with third parties for their own direct marketing purposes.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
Employer will be able to elect to receive services from our third party partners (each a 'Third-Party Service')... If Employer chooses to and authorizes Gusto to share Employer Data with a Third-Party Service ('Shared Employer Data') then Employer (a) represents it has obtained all legal rights to do so, (b) assumes all risks related to such Shared Employer Data, (c) acknowledges it is solely responsible for the accuracy of such Shared Employer Data, and (d) agrees that it is solely responsible for the lawfulness of sharing such Shared Employer Data with the applicable Third-Party Service.

Excerpt from Gusto's Privacy Policy

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

Sharing data with marketing and advertising partners may constitute a 'sale' or 'sharing' of personal information under CCPA/CPRA and similar state laws, triggering opt-out obligations and requiring disclosure.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

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
March 24, 2026
Last verified
March 24, 2026
Record ID
CA-P-001514
Document ID
CA-D-00294
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
3547e75413de22f2dddbb15efd9de6f1ca1045fd424f7c95cd70fd1397a7b290
Analysis generated
March 24, 2026 07:51 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Gusto
Document: Gusto Privacy Policy
Record ID: CA-P-001514
Captured: 2026-03-24 07:51:04 UTC
SHA-256: 3547e75413de22f2…
URL: https://conductatlas.com/platform/gusto/gusto-privacy-policy/provision/CA-P-001514/third-party-data-sharing-and-marketing-partners/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does Gusto's Third-Party Data Sharing and Marketing Partners clause do?

This provision establishes the operational framework for employer-initiated third-party service integrations and allocates responsibility for legal compliance and data accuracy to the employer rather than to Gusto when employer data is shared with third-party service providers.

How does this clause affect you?

Your data may flow to companies you've never heard of, including advertising partners. California residents and users in certain other states can opt out of this sharing of personal information.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 288 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.