The provision states that using Kraken's services or accepting its privacy notice constitutes written consent to biometric data collection and processing, and operates as a release of both past and future claims related to that biometric data handling.
This analysis describes what Kraken'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 asserts a prospective and retrospective claims release tied to biometric data processing, which may interact with state biometric privacy statutes such as the Illinois Biometric Information Privacy Act (BIPA), which provides a private right of action and under which courts have examined whether contractual claim waivers are enforceable. Compliance teams operating in BIPA-covered jurisdictions should evaluate whether this release mechanism aligns with applicable state law requirements.
Interpretive note: Enforceability of the retrospective and prospective claims release varies by jurisdiction; Illinois BIPA in particular raises questions about whether contractual waivers of statutory claims are permissible under applicable state law.
Under this clause, users who accept Kraken's privacy notice or terms of service are stated to have consented to biometric data collection and to have released past and future claims arising from that collection. The enforceability of this release, particularly in states with biometric privacy statutes providing non-waivable rights, may vary by jurisdiction and applicable law.
Cross-platform context
See how other platforms handle Biometric Data Consent and Claims Release and similar clauses.
Compare across platforms →"By using Kraken's services, accepting our privacy notice, and/or accepting our terms of service, you give your written consent to the collection, processing, usage, and storage of your Biometric Data. You release in favor of Kraken any claims related to collection, processing, usage, and storage your Biometric Data. This includes any past or prior claims as well as any claims that may arise in the future related to your use of Kraken's services.Excerpt from Kraken's Privacy Policy
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This provision asserts a prospective and retrospective claims release tied to biometric data processing, which may interact with state biometric privacy statutes such as the Illinois Biometric Information Privacy Act (BIPA), which provides a private right of action and under which courts have examined whether contractual claim waivers are enforceable. Compliance teams operating in BIPA-covered jurisdictions should evaluate whether this …
Under this clause, users who accept Kraken's privacy notice or terms of service are stated to have consented to biometric data collection and to have released past and future claims arising from that collection. The enforceability of this release, particularly in states with biometric privacy statutes providing non-waivable rights, may vary by jurisdiction and applicable law.
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