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The policy authorizes sharing of sensitive personal information including health data and sexual orientation or sex life information with advertising partners to enable personalized advertising and lookalike audience targeting, provided that information does not qualify as Protected Information under HIPAA or applicable state health law.
This analysis describes what Hims & Hers'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
This provision establishes that health-related browsing activity on the Hims & Hers platform, including pages viewed about specific medical conditions or treatments, may be disclosed to external advertising partners for cross-site ad targeting, subject to the company's determination of whether that data constitutes Protected Information.
Under this clause, browsing activity related to specific health conditions or treatments on the Hims & Hers platform may be disclosed to advertising partners who use it to deliver targeted advertisements on other websites. The agreement states this applies to sensitive personal information including health data and sex life information where not classified as Protected Information under applicable law.
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"We may provide personal information to marketing and advertising partners. For example, we may disclose identifying information to an advertising partner in order to deliver personalized advertising to you or for the purpose of delivering advertisements to other people with similar interests to you. This may include sensitive personal information such as health data or information about your sex life to the extent it is not Protected Information. For example, if you view a webpage about balding or erectile dysfunction treatments, we may provide that information to an advertising partner who will then deliver advertisements to you on different websites based on your viewing activity.Excerpt from Hims & Hers's Privacy Policy
1. REGULATORY LANDSCAPE: This provision engages CCPA and CPRA sensitive data provisions, state health data statutes including Washington My Health MY Data Act, and FTC Act unfair or deceptive practice standards. The FTC has issued enforcement guidance indicating that sharing health information for advertising purposes without adequate consent may constitute an unfair or deceptive practice. The FTC and HHS OCR are primary enforcement authorities. Where health-related browsing data constitutes consumer health data under state statutes beyond HIPAA, additional consent requirements may apply. 2. GOVERNANCE EXPOSURE: High. The explicit disclosure that health-related browsing data including pages visited about erectile dysfunction or balding treatments may be shared with advertising partners for cross-site targeting represents a materially specific data practice involving sensitive categories. The adequacy of the Protected Information carve-out as the limiting principle for this practice requires jurisdiction-specific legal review, as state health data laws vary in their definitions and coverage. 3. JURISDICTION FLAGS: Washington My Health MY Data Act broadly defines consumer health data to include data derived from browsing activity indicating health conditions and may require opt-in consent for collection and sharing of such data with third parties including advertising partners. California CPRA imposes additional restrictions on use of sensitive personal information. Other states with comprehensive privacy laws may impose similar requirements. The company's operations in telehealth create heightened exposure under these frameworks for health-related browsing data. 4. CONTRACT AND VENDOR IMPLICATIONS: Data sharing agreements with advertising partners including Google DoubleClick, Meta Audiences, and X should be assessed to confirm that health-related data transmitted is subject to appropriate data use restrictions on the receiving end. Standard advertising platform data use policies may permit onward use of received data in ways that extend beyond the company's stated disclosure purpose. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should evaluate whether the consent mechanism provided for sensitive personal information advertising use satisfies opt-in requirements under applicable state health data statutes; assess the technical implementation of the Protected Information boundary to confirm that HIPAA-regulated data is not transmitted to advertising partners; and review advertising pixel and tag configurations to identify which health-related page browsing events are captured and transmitted to third-party advertising platforms.
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This provision establishes that health-related browsing activity on the Hims & Hers platform, including pages viewed about specific medical conditions or treatments, may be disclosed to external advertising partners for cross-site ad targeting, subject to the company's determination of whether that data constitutes Protected Information.
Under this clause, browsing activity related to specific health conditions or treatments on the Hims & Hers platform may be disclosed to advertising partners who use it to deliver targeted advertisements on other websites. The agreement states this applies to sensitive personal information including health data and sex life information where not classified as Protected Information under applicable law.
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