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The policy authorizes Kick to analyze collected personal information and data from external sources to build interest and preference profiles for advertising targeting, and to use personal information for fraud detection and credit risk assessment.
This analysis describes what Kick'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 Kick conducts profiling of users by combining first-party data with externally sourced data, and applies profiling outputs to advertising and fraud or credit risk assessment. The reference to credit risk assessment is operationally distinct and may engage specific regulatory frameworks depending on how it is implemented.
Interpretive note: The operational scope of 'credit risk' assessment as used in this provision is not defined in the policy; whether it engages FCRA or equivalent regulatory frameworks depends on how profiling outputs are used in practice.
Under this clause, Kick may combine information collected from users with data obtained from external third-party sources to build profiles used for content and advertising personalization, as well as for fraud and credit risk assessment. The policy does not specify the external sources used for credit risk profiling or the criteria applied.
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"We may analyze personal information we have collected about you to create a profile of your interests and preferences so that we can contact you with information, content or advertisements that are relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use personal information about you to detect and reduce fraud and credit risk.Excerpt from Kick's Privacy Policy
1) REGULATORY LANDSCAPE: Automated profiling for advertising engages GDPR Article 22, which provides rights to users regarding solely automated decision-making with significant effects. The reference to credit risk assessment may engage the Fair Credit Reporting Act in the United States if profiling outputs are used in connection with credit determinations, as well as relevant provisions of GDPR. The FTC Act applies to the adequacy of disclosures about profiling practices. 2) GOVERNANCE EXPOSURE: Medium. The combination of first-party and externally sourced data for profiling is a common industry practice, but the specific reference to credit risk raises questions about the nature of outputs and whether they constitute consumer reports or credit-related determinations subject to specialized regulatory frameworks. The policy does not specify the scope of credit risk profiling or the decisions it informs. 3) JURISDICTION FLAGS: EEA and UK users have GDPR rights regarding profiling and automated decision-making that Kick may be required to address in its EEA-specific disclosures. California users have rights under the CPRA to opt out of profiling used for targeted advertising. The credit risk reference warrants evaluation under applicable US federal and state credit reporting frameworks. 4) CONTRACT AND VENDOR IMPLICATIONS: The use of external data sources for profiling requires review of data licensing and sourcing agreements to confirm that third-party data used in profiles is obtained in compliance with applicable privacy laws and that its use for credit risk assessment is permitted under those agreements. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the credit risk profiling reference implicates FCRA obligations, including permissible purpose requirements and adverse action notification obligations. The EEA-specific disclosures (which were truncated in the provided document) should address GDPR Article 22 rights. Consent or legitimate interest documentation for profiling activities should be reviewed.
This provision establishes that Kick conducts profiling of users by combining first-party data with externally sourced data, and applies profiling outputs to advertising and fraud or credit risk assessment. The reference to credit risk assessment is operationally distinct and may engage specific regulatory frameworks depending on how it is implemented.
Under this clause, Kick may combine information collected from users with data obtained from external third-party sources to build profiles used for content and advertising personalization, as well as for fraud and credit risk assessment. The policy does not specify the external sources used for credit risk profiling or the criteria applied.
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