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Users who submit payment and transaction information grant the company an irrevocable, perpetual, and universe-wide license to share that information with third parties for the stated purpose of facilitating the transaction.
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 a broadly worded license over transaction data that is described as irrevocable and perpetual; while the stated purpose is transaction facilitation, the scope language extends beyond typical payment processing data sharing terms and may warrant review of whether the breadth of the grant is proportionate to the stated purpose.
Interpretive note: Whether the irrevocable and perpetual license grant is enforceable against applicable consumer data deletion rights under CCPA, CPRA, and other state laws is jurisdiction-dependent and may be limited by those frameworks in practice.
Under this clause, payment and transaction information submitted by users is subject to a perpetual and irrevocable right granted to Hims & Hers to share that information with third parties for transaction facilitation purposes. The agreement does not specify a time limit or geographic limitation on this right.
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"By submitting such information, you grant Hims & Hers without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.Excerpt from Hims & Hers's Privacy Policy
1. REGULATORY LANDSCAPE: This provision engages consumer financial data protection frameworks including the Gramm-Leach-Bliley Act to the extent financial information is involved, state consumer protection statutes, and potentially CCPA and CPRA with respect to financial account information as a category of sensitive personal information. The CFPB and FTC are relevant enforcement authorities for financial data sharing practices. The irrevocability and perpetual nature of the grant may interact with state and federal data deletion and correction rights. 2. GOVERNANCE EXPOSURE: Medium. The irrevocable and perpetual framing of the license grant is broader than standard payment processing data sharing language, which typically describes data sharing as limited to the transaction and applicable fraud prevention purposes. The practical operational scope of this grant relative to the company's actual payment processor relationships with Adyen and Stripe warrants review. Whether the license grant is enforceable against applicable data deletion rights under CCPA, CPRA, or other state privacy laws is a jurisdiction-dependent question. 3. JURISDICTION FLAGS: California CPRA grants consumers the right to delete personal information, which may be in tension with an irrevocable perpetual license over transaction data. The CPRA provides exemptions for data retention necessary for legal compliance, fraud prevention, and transaction completion, but the breadth of the license grant here extends beyond those specific exemptions. Similar tensions may arise under Colorado, Connecticut, and Virginia comprehensive privacy laws. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm that data processing agreements with Adyen and Stripe align with the scope of this license grant and that the company's actual data sharing practices with payment processors are bounded by transaction purpose limitations. The reference to 'buyers on the Service' and 'sellers on the Service' in the third-party list may warrant review in the context of a consumer health platform where such roles are not the primary commercial relationship. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the irrevocable and perpetual framing of this license is reconcilable with applicable consumer data deletion and correction rights under CCPA, CPRA, and other state laws; review whether the practical scope of third-party sharing under this provision is accurately described and limited to transaction facilitation; and assess whether consumer disclosure of this grant is sufficiently prominent given its breadth.
This provision establishes a broadly worded license over transaction data that is described as irrevocable and perpetual; while the stated purpose is transaction facilitation, the scope language extends beyond typical payment processing data sharing terms and may warrant review of whether the breadth of the grant is proportionate to the stated purpose.
Under this clause, payment and transaction information submitted by users is subject to a perpetual and irrevocable right granted to Hims & Hers to share that information with third parties for transaction facilitation purposes. The agreement does not specify a time limit or geographic limitation on this right.
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