This analysis describes what Squarespace'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
It establishes that Squarespace cannot fully disclaim liability for its agents' DPF violations; the burden of disproving responsibility falls on Squarespace.
The updated policy establishes two separate opt-in categories for SMS communications: optional transactional SMS (for account notifications and two-factor authentication) and optional marketing SMS (for promotional messages). The policy explicitly states it will not sell, share, or disclose phone numbers to third parties for their marketing purposes. For users with financial accounts, the policy now explicitly covers Balance Services and Capital Services in addition to Payments Services, and identity verification procedures are clarified to include bank statements and specific triggering scenarios such as account recovery, ownership disputes, or suspicious activity detection. You can opt in or out of each SMS category independently, and two-factor authentication can be used without providing a phone number.
View change record →If a Squarespace third-party agent violates DPF Principles and causes you damage, Squarespace is liable unless it can prove it was not responsible for the event that caused the harm.
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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
The Indemnifying Party shall not, without the relevant applicable Indemnified Parties' prior written consent, agree to any settlement on behalf of such Indemnified Parties which includes either the obligation to pay any amounts, or any admissions of liability...
"we remain liable if they do so in a manner inconsistent with the DPF Principles, unless we prove that we are not responsible for the event giving rise to the damage.Excerpt from Squarespace's Privacy Policy
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It establishes that Squarespace cannot fully disclaim liability for its agents' DPF violations; the burden of disproving responsibility falls on Squarespace.
If a Squarespace third-party agent violates DPF Principles and causes you damage, Squarespace is liable unless it can prove it was not responsible for the event that caused the harm.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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