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In jurisdictions where consent is the required legal basis for processing, the policy asserts that acceptance of the Terms of Service and Privacy Policy constitutes consent to all processing described in the policy, unless local law requires a different consent form.
This analysis describes what Monday.com'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 that a single act of accepting the terms of service operates as consent to all data processing purposes described in the policy for users in consent-required jurisdictions. Whether this mechanism satisfies specific and granular consent requirements under applicable local law is a question that depends on the regulatory framework in each jurisdiction.
Interpretive note: The adequacy of terms-acceptance as consent depends on specific local regulatory requirements in each jurisdiction, which vary materially.
Under this clause, users in jurisdictions where consent is the primary legal basis for data processing are treated as having consented to all processing described in the policy upon accepting the Terms of Service. The agreement states that consent may be revoked by contacting privacy@monday.com.
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"If you reside or are using the Services in a territory governed by privacy laws under which 'consent' is the only or most appropriate legal basis for processing personal data as described in this Privacy Policy (either in general, based on the types of personal data you expect or elect to process or have processed by us or via the Services, or due to the nature of such processing) ('Consent'), your acceptance of our Terms and of this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Policy, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at privacy@monday.com.Excerpt from Monday.com's Privacy Policy
1. REGULATORY LANDSCAPE: This provision may require evaluation under various privacy frameworks. GDPR requires consent to be freely given, specific, informed, and unambiguous, with separate consent for distinct processing purposes. Bundled consent tied to terms of service acceptance is an approach that supervisory authorities under GDPR have scrutinized. The CCPA does not rely primarily on consent as a legal basis for processing, making this clause less directly applicable in California. Other jurisdictions including Brazil (LGPD), South Korea (PIPA), and others have specific consent requirements that may not be satisfied by terms acceptance. 2. GOVERNANCE EXPOSURE: Medium. The policy acknowledges that applicable law may require a different form of consent, which qualifies the assertion, but the default mechanism of treating terms acceptance as consent may not satisfy granular consent requirements in multiple jurisdictions. 3. JURISDICTION FLAGS: EU and EEA users are primarily covered by GDPR's separate legal bases (performance of contract, legitimate interests, legal obligation), so the consent-via-terms-acceptance mechanism is primarily asserted for other jurisdictions. Countries with GDPR-equivalent consent standards including Brazil, South Korea, and certain APAC jurisdictions may not treat terms acceptance as valid specific consent. 4. CONTRACT AND VENDOR IMPLICATIONS: B2B customers deploying monday.com in jurisdictions with strict consent requirements should assess whether monday.com's reliance on this consent mechanism satisfies their own obligations as data controllers for Customer Data, and whether separate consent mechanisms are required for their end users. 5. COMPLIANCE CONSIDERATIONS: Legal teams should map the jurisdictions in which their user populations operate and assess whether the deemed consent mechanism aligns with local regulatory requirements. Where local law requires a different form of consent, the policy itself acknowledges that local law governs.
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This provision asserts that a single act of accepting the terms of service operates as consent to all data processing purposes described in the policy for users in consent-required jurisdictions. Whether this mechanism satisfies specific and granular consent requirements under applicable local law is a question that depends on the regulatory framework in each jurisdiction.
Under this clause, users in jurisdictions where consent is the primary legal basis for data processing are treated as having consented to all processing described in the policy upon accepting the Terms of Service. The agreement states that consent may be revoked by contacting privacy@monday.com.
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