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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.
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"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. The CPRA's definition of 'sharing' for cross-context behavioral advertising is directly implicated. Similar opt-out-of-sale obligations exist under Virginia CDPA, Colorado CPA, Connecticut CTDPA, and other state frameworks. The FTC also has jurisdiction over deceptive framing of data sale practices. 2) GOVERNANCE EXPOSURE: High. The policy simultaneously asserts that MyFitnessPal does not 'sell' data and discloses that cookie-based practices may constitute a 'sale' under applicable law. This dual framing requires that the company's operational opt-out mechanisms, including Global Privacy Control (GPC) signal recognition, are fully functional and auditable, as CPPA enforcement has focused on GPC compliance. 3) JURISDICTION FLAGS: California creates the highest exposure given CPPA's active enforcement posture. Colorado, Connecticut, Virginia, and other states with similar opt-out-of-sale and targeted advertising opt-out rights also apply. EU/EEA users are separately protected under GDPR consent requirements for cookie-based tracking, which operate under a different legal framework (consent rather than opt-out). 4) CONTRACT AND VENDOR IMPLICATIONS: Third-party advertising and analytics partners receiving data through cookie-based mechanisms should be subject to data processing agreements that restrict onward use. If cookie data constitutes a 'sale,' standard service provider exceptions under CCPA may not apply to all recipients, and vendor classification (service provider vs. third party) should be audited. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should verify: (a) that GPC signals are recognized and operationalized across the website; (b) that the Cookie Preferences opt-out mechanism suppresses all Targeted Advertising Cookie data flows for opted-out users; (c) that the distinction between 'sale' and 'sharing' is operationally implemented rather than only disclosed; and (d) that opt-out preferences are honored across all devices and browsers as described in the policy.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
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.
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