Businesses using Mixpanel are not allowed to send Mixpanel data about users' health, finances, government IDs, biometrics, or children's information unless Mixpanel specifically approves it in writing.
This analysis describes what Mixpanel'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 restriction establishes a procedural requirement that affects how customers may use the service. By requiring pre-authorization for sensitive data categories, the provision establishes Mixpanel's role as a gatekeeper for certain data submissions and creates an operational mechanism for customers to assess compliance before transmitting data to the platform.
The updated terms remove a contractual protection that previously prohibited Mixpanel from treating individually identifiable data as Usage Data. Under the revised language, Mixpanel may now classify data that identifies or is attributable to specific individuals as Usage Data, potentially making such data subject to uses and disclosures beyond what the Customer Content exclusion permits. This broadens the category of data Mixpanel may process and analyze under the Usage Data definition. The terms do not provide a mechanism to opt out of this reclassification.
View change record →The updated terms establish an automatic 7% fee increase mechanism that takes effect upon each subscription renewal. Previously, subscription fees remained fixed for the duration of the subscription term, with new pricing becoming effective only at the start of a new subscription term and only if the parties agreed in writing. Under the revised language, fees will now automatically escalate by 7% upon commencement of each renewal term unless the parties expressly agree otherwise in writing. This shifts the default pricing behavior from fixed-term rates to automatic annual escalation.
View change record →Removal of this sensitive data prohibition eliminates explicit restrictions on submitting health, financial, biometric, and children's data, potentially expanding the types of personal information customers can process.
View full change record →If a business accidentally sends your health, financial, or children's data to Mixpanel through its analytics tracking, that business — not Mixpanel — bears full legal responsibility for the violation, and Mixpanel's terms explicitly prohibit such transmissions without prior written approval.
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You may not access the Services in any way other than through the currently available, published interfaces that we provide. For example, this means that you cannot scrape the Services without X's express written permission, try to work around any technical limitations we impose, or otherwise attemp...
You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior exp...
relate to transactions involving (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime... (i) involve offering or receiving payments for the purpose of bribery or corruption.
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"Customer will not submit to the Service any Sensitive Personal Information without Mixpanel's express written authorization. Sensitive Personal Information includes health or medical information, financial account information, social security numbers or government-issued identification numbers, biometric data, information relating to children under the age of 13 (or the applicable age of digital consent in the relevant jurisdiction), and other categories of sensitive personal information as defined under applicable law.— Excerpt from Mixpanel's Mixpanel Terms of Use
(1) REGULATORY FRAMEWORK: This provision directly implicates COPPA 16 CFR Part 312 (prohibition on collecting personal information from children under 13 without verifiable parental consent), enforced by the FTC; HIPAA 45 CFR §§164.502 and 164.514 (restrictions on PHI disclosure), enforced by HHS OCR; GLBA 15 U.S.C. §6802 (financial data privacy), enforced by federal financial regulators; GDPR Art. 9 (special categories of personal data requiring explicit consent); and CCPA §1798.121 (sensitive personal information rights). The EU AI Act's provisions on biometric data processing may also apply where biometric identifiers are involved. (2)
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This restriction establishes a procedural requirement that affects how customers may use the service. By requiring pre-authorization for sensitive data categories, the provision establishes Mixpanel's role as a gatekeeper for certain data submissions and creates an operational mechanism for customers to assess compliance before transmitting data to the platform.
If a business accidentally sends your health, financial, or children's data to Mixpanel through its analytics tracking, that business — not Mixpanel — bears full legal responsibility for the violation, and Mixpanel's terms explicitly prohibit such transmissions without prior written approval.
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