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The policy states that all User Content, including profile information, is posted publicly, and that User Content licenses in the Terms of Service may prevent complete deletion of certain publicly posted information upon request.
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 public User Content may not be fully deletable due to license terms in the Terms of Service, which may limit the practical scope of data deletion rights asserted elsewhere in the policy. The interaction between content licensing and data deletion rights is a compliance consideration for jurisdictions where the right to erasure or deletion is a legally established right.
Interpretive note: Whether content license terms constitute a permissible basis for declining deletion requests under GDPR Article 17, CCPA, or equivalent frameworks depends on the specific license terms in the Terms of Service and the applicable legal framework, which cannot be fully assessed from this policy alone.
Under this clause, personal information included in publicly posted User Content such as stream comments, profile information, and reactions may not be fully deleted upon request, with the Terms of Service license terms stated as the basis for this limitation. The agreement acknowledges this limitation in the context of deletion requests.
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"Please note that all User Content, including your profile information, is posted publicly. For information on your options regarding public information, please see the 'Control over your personal information (including accessing and correcting it)' section below. Consistent with our Terms of Service, User Content licenses may prevent full deletion of certain public information.Excerpt from Kick's Privacy Policy
1) REGULATORY LANDSCAPE: GDPR Article 17 establishes the right to erasure, subject to specific exceptions including where retention is necessary for reasons of public interest or where processing is required to comply with legal obligations. UK GDPR contains equivalent provisions. The policy's assertion that content licenses may prevent full deletion requires evaluation against whether such licenses constitute a permissible exception to erasure rights or an impermissible contractual waiver. The CCPA and CPRA establish deletion rights for California consumers, subject to enumerated exceptions. 2) GOVERNANCE EXPOSURE: Medium. The assertion that User Content licenses may prevent full deletion creates tension with statutory deletion rights in jurisdictions where such rights are not subject to contractual limitation by content licensing terms. The extent to which a content license can override a statutory erasure right depends on the applicable legal framework and the specific license terms in the Terms of Service. 3) JURISDICTION FLAGS: EEA and UK users have GDPR and UK GDPR Article 17 erasure rights that may not be fully waivable by contract. California users' CCPA and CPRA deletion rights are defined by statute with specific enumerated exceptions. Legal teams should evaluate whether the content license exception claimed by Kick falls within a recognized statutory exception in each relevant jurisdiction. 4) CONTRACT AND VENDOR IMPLICATIONS: The scope of the User Content license referenced in the Terms of Service should be reviewed to determine which content categories are affected and the duration and scope of the license. The interaction between this license and Kick's deletion obligations under applicable data protection law should be documented. 5) COMPLIANCE CONSIDERATIONS: Legal teams should map which categories of User Content are subject to license terms that prevent deletion, and assess whether Kick's response to deletion requests adequately discloses to users which content cannot be deleted and the legal basis for retention. The EEA-specific disclosures should address how deletion right exceptions are applied in practice.
This provision establishes that public User Content may not be fully deletable due to license terms in the Terms of Service, which may limit the practical scope of data deletion rights asserted elsewhere in the policy. The interaction between content licensing and data deletion rights is a compliance consideration for jurisdictions where the right to erasure or deletion is a …
Under this clause, personal information included in publicly posted User Content such as stream comments, profile information, and reactions may not be fully deleted upon request, with the Terms of Service license terms stated as the basis for this limitation. The agreement acknowledges this limitation in the context of deletion requests.
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