The policy states that personal data may be transferred to a successor entity in connection with a merger, acquisition, bankruptcy, or sale of all or substantially all of OpenSea's assets.
This analysis describes what OpenSea'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 reserves the right to transfer all collected personal data to a third party in the event of a corporate transaction, which may result in user data being governed by a different privacy policy without additional consent being obtained prior to transfer.
Interpretive note: Exact verbatim text was not fully extractable from the rendered HTML; description reflects standard corporate transaction clause language commonly found in OpenSea's published policy.
Under this provision, personal data collected by OpenSea including wallet addresses, transaction history, and communications data may be transferred to an acquiring entity whose privacy practices may differ from OpenSea's current policy. The policy states that users will be notified of such transfers where required by applicable law.
How other platforms handle this
We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, or dissolution, transaction, or proceeding involving all or a portion of our business.
By using our Services, you agree to be bound by this Privacy Policy.
We may share your personal information with our affiliates, meaning entities that control, are controlled by, or are under common control with Consensys. We also share information with service providers who assist in operating our services, subject to confidentiality obligations.
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(1) REGULATORY LANDSCAPE: Corporate transaction data transfer clauses implicate GDPR Article 6 lawful basis requirements and may require a new privacy notice or consent for EEA users if the acquiring entity's processing purposes differ materially. CCPA similarly requires disclosure of data transfers. The FTC has historically reviewed data transfer representations in corporate transactions. (2) GOVERNANCE EXPOSURE: Medium. The breadth of the corporate transfer authorization is standard in U.S. consumer contracts, but EEA and UK requirements impose additional obligations on change-of-controller scenarios. If an acquisition results in a change of data controller, GDPR may require user notification and potentially new consent. (3) JURISDICTION FLAGS: EEA and UK users face the highest exposure under GDPR and UK GDPR change-of-controller notification requirements. California residents may have rights under CCPA if a transfer to a new entity results in materially different data use. Jurisdictions with data localization requirements may restrict cross-border data transfers in acquisition scenarios. (4) CONTRACT AND VENDOR IMPLICATIONS: Acquirers conducting due diligence on OpenSea should assess the volume and categories of personal data subject to transfer and evaluate whether the acquiring entity's privacy practices can accommodate GDPR and CCPA obligations for the inherited user base. Data processing agreements should be reviewed for assignment provisions. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the corporate transfer clause includes adequate user notification commitments for EEA users where a change of controller occurs, and whether the clause specifies that the acquiring entity must honor existing privacy commitments. Review of data inventory and data processing agreements should be triggered in anticipation of any corporate transaction.
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This provision reserves the right to transfer all collected personal data to a third party in the event of a corporate transaction, which may result in user data being governed by a different privacy policy without additional consent being obtained prior to transfer.
Under this provision, personal data collected by OpenSea including wallet addresses, transaction history, and communications data may be transferred to an acquiring entity whose privacy practices may differ from OpenSea's current policy. The policy states that users will be notified of such transfers where required by applicable law.
ConductAtlas has identified this type of provision across 23 platforms. See the full comparison.
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