The agreement establishes that use of the platform constitutes a request by the user for Hims & Hers and Medical Groups to process sensitive personal information, including health information, as necessary to provide the service, including personalized recommendations delivered by email and on the platform.
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 frames the processing of sensitive personal information, including health and mental health data, as user-initiated through the act of using the service, which structures consent as implicit in platform use rather than through a separate affirmative consent mechanism. The consent-through-use framing may require evaluation against state privacy laws that impose specific opt-in consent requirements for sensitive data processing.
Interpretive note: Whether the consent-through-use framing satisfies opt-in consent requirements under CPRA, Washington's My Health MY Data Act, and analogous state statutes depends on regulatory interpretation and enforcement posture in each jurisdiction.
The updated terms revise when subscription cancellations become effective for pre-paid multi-month medication plans. Under the previous language, cancellation could occur at least two days before the billing date following the end of the currently shipped supply. The revised policy now states that cancellation must occur at least two days before the next billing date but will not take effect until the end of the medication supply period. This means that if you request cancellation after a billing date but before your current medication shipment is fully consumed, your subscription will continue through the end of that supply period before the cancellation takes effect. You should review the specific timing of your medication shipments and billing dates to understand when a cancellation request will fully process.
View change record →The updated terms now authorize Hims & Hers to bill for Weight Loss Membership at 'monthly or multi-month intervals' rather than on a fixed monthly basis, expanding the company's discretion over billing frequency. Additionally, the agreement establishes that refunds for partially used membership or medication plan periods 'may be provided in our sole and absolute discretion' instead of guaranteeing refunds under specific conditions. The first-month membership fee is explicitly non-refundable, and medication refunds remain available only if cancelled within 48 hours of initial order or two days before renewal. The practical effect is that subscribers cannot predict billing intervals with certainty, and refund eligibility now depends on company discretion rather than contractual terms alone.
View change record →Under this clause, using the Hims & Hers platform constitutes a request for the company and affiliated Medical Groups to process sensitive personal information, including health data, for service delivery and personalization purposes including email recommendations. The agreement acknowledges that this information may be subject to heightened legal obligations in certain jurisdictions.
Cross-platform context
See how other platforms handle Sensitive Personal Information Processing Authorization and similar clauses.
Compare across platforms →"The Service may also involve certain uses of personal information that is considered sensitive in certain jurisdictions or otherwise subject to heightened legal obligations. You understand that by using the Service or Platform, you are requesting that Hims & Hers and/or the Medical Groups process your personal information, including sensitive personal information, as necessary to provide you the features described on the Hims & Hers website and the Platform or as otherwise required to provide the Service to you. This may include, for example, sending you personalized recommendations relating to your use of the Service by email and/or on the Platform.Excerpt from Hims & Hers's Terms and Conditions
REGULATORY LANDSCAPE: This provision engages the CCPA and CPRA, which require opt-in consent for the processing of sensitive personal information as defined under California law, including health data and mental health data.
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This provision frames the processing of sensitive personal information, including health and mental health data, as user-initiated through the act of using the service, which structures consent as implicit in platform use rather than through a separate affirmative consent mechanism. The consent-through-use framing may require evaluation against state privacy laws that impose specific opt-in consent requirements for sensitive data processing.
Under this clause, using the Hims & Hers platform constitutes a request for the company and affiliated Medical Groups to process sensitive personal information, including health data, for service delivery and personalization purposes including email recommendations. The agreement acknowledges that this information may be subject to heightened legal obligations in certain jurisdictions.
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