The policy discloses that while MyFitnessPal does not characterize its practices as an express sale of data, the operation of Functional Cookies and Targeted Advertising Cookies may qualify as a 'sale' or 'sharing' of personal information under CCPA and similar state privacy statutes, triggering applicable opt-out rights.
This analysis describes what MyFitnessPal'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 creates a direct interaction with CCPA opt-out obligations and similar state law requirements; users in applicable states hold the right to opt out of cookie-based data flows that meet the statutory definition of 'sale' or 'sharing,' and the policy's simultaneous denial of express selling alongside acknowledgment of potential statutory sale treatment may require evaluation under CPPA regulatory guidance.
Interpretive note: The operational classification of cookie-based sharing as a 'sale' under CCPA depends on the specific data flows and partner relationships, which are not fully enumerated in the policy; applicable law and CPPA regulatory guidance may govern the ultimate determination.
Under this clause, device identifiers, browsing activity, and usage information transmitted through Targeted Advertising Cookies may constitute a 'sale' of personal information under California law, entitling California residents to opt out through the Cookie Preferences link or the Privacy Center in the app.
Cross-platform context
See how other platforms handle Cookie-Based Sharing as Potential CCPA 'Sale' and similar clauses.
Compare across platforms →"While MyFitnessPal does not expressly 'sell' information to others, certain uses of Functional Cookies and/or Targeted Advertising Cookies on our website to collect, use, and disclose information may constitute 'sales' or 'sharing' of personal information or the use of personal information for 'targeted advertising' purposes under applicable privacy laws.Excerpt from MyFitnessPal's Privacy Policy
1) REGULATORY LANDSCAPE: This provision directly engages CCPA as amended by CPRA (California Civil Code Section 1798.100 et seq.), enforced by the California Privacy Protection Agency and California AG.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision creates a direct interaction with CCPA opt-out obligations and similar state law requirements; users in applicable states hold the right to opt out of cookie-based data flows that meet the statutory definition of 'sale' or 'sharing,' and the policy's simultaneous denial of express selling alongside acknowledgment of potential statutory sale treatment may require evaluation under CPPA regulatory guidance.
Under this clause, device identifiers, browsing activity, and usage information transmitted through Targeted Advertising Cookies may constitute a 'sale' of personal information under California law, entitling California residents to opt out through the Cookie Preferences link or the Privacy Center in the app.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by MyFitnessPal.