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
The updated policy establishes new collection of sensitive personal data categories not previously disclosed in explicit detail. Users of OpenSea's onramp services will have their full legal name, date of birth, tax ID, government-issued identification documents, mobile number, and IP address collected and transmitted to third-party onramp providers. Users subject to identity verification for rewards eligibility or compliance will have facial biometric data processed through third-party providers using facial recognition technology; the provider generates and holds the biometric identifier on OpenSea's behalf and destroys it within three years of last interaction. Users participating in rewards programs will have wallet address, name, contact information, and tax identification numbers collected for eligibility determination and tax reporting. You can decline to use onramp services and still access the Platform, and identity verification for rewards is required only in certain circumstances such as when required for rewards eligibility or compliance.
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"no security system is impenetrable and we cannot guarantee the security of our systems, or those of our vendors.Excerpt from OpenSea's Privacy Policy
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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The clause states: “no security system is impenetrable and we cannot guarantee the security of our systems, or those of our vendors.”
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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