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The policy asserts that OpenSea does not sell or share personal information as defined by the CCPA, including for residents under 16 years of age, and that this has been the practice for the preceding 12 months.
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 makes an explicit CCPA-compliant no-sale declaration, which is an operationally significant disclosure for California residents and compliance teams assessing data monetization practices. The policy identifies six categories of personal information collected and shared with third parties over the prior 12 months, which compliance teams should evaluate against the CCPA's definition of sharing.
Interpretive note: Whether disclosed third-party sharing for analytics purposes constitutes CCPA-defined 'sharing' for cross-context behavioral advertising depends on the specific nature of data flows and vendor relationships, which are not fully detailed in the policy.
Under this clause, California residents are informed that their personal information is not sold or shared for cross-context behavioral advertising as defined under the CCPA. The policy separately discloses that six categories of personal information were shared with third parties over the preceding 12 months for service-related purposes.
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"We do not "sell" or "share" (as those terms are defined under the CCPA) personal information, nor have we done so in the preceding 12 months. Further, we do not have actual knowledge that we sell or share personal information of residents under 16 years of age.Excerpt from OpenSea's Privacy Policy
(1) REGULATORY LANDSCAPE: This provision directly engages the CCPA and analogous U.S. state privacy statutes. The California Privacy Protection Agency (CPPA) and California Attorney General have enforcement jurisdiction. The no-sale declaration must be evaluated against the CCPA's definition of 'share,' which includes disclosure for cross-context behavioral advertising, to confirm that disclosed third-party sharing for analytics and service purposes does not fall within the statutory definition. (2) GOVERNANCE EXPOSURE: Low to Medium. The no-sale declaration is a standard CCPA compliance mechanism, but the policy's simultaneous disclosure of six categories of personal information shared with third parties warrants review to confirm none of the disclosed sharing constitutes 'sharing' under the CCPA's cross-context behavioral advertising definition. (3) JURISDICTION FLAGS: California residents are the primary affected group. Colorado, Connecticut, Virginia, and other states with analogous privacy statutes may have similar no-sale or no-share disclosure requirements that this section may or may not fully address. (4) CONTRACT AND VENDOR IMPLICATIONS: Compliance teams should review data processing agreements with analytics vendors including Google and Amplitude to confirm that data flows do not constitute CCPA-defined sharing, particularly given the use of third-party tracking technologies. (5) COMPLIANCE CONSIDERATIONS: Legal teams should map the six disclosed categories of shared personal information against CCPA definitions of 'share' and 'sell,' audit third-party analytics and advertising integrations, and confirm that sensitive personal information (account access credentials) is used only for CCPA-specified purposes.
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This provision makes an explicit CCPA-compliant no-sale declaration, which is an operationally significant disclosure for California residents and compliance teams assessing data monetization practices. The policy identifies six categories of personal information collected and shared with third parties over the prior 12 months, which compliance teams should evaluate against the CCPA's definition of sharing.
Under this clause, California residents are informed that their personal information is not sold or shared for cross-context behavioral advertising as defined under the CCPA. The policy separately discloses that six categories of personal information were shared with third parties over the preceding 12 months for service-related purposes.
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