This analysis describes what Substack'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
Users whose Personal Information is processed by Substack acting as a data processor for a Creator cannot rely on the Substack Privacy Policy to govern that processing, creating a potential gap in privacy protections.
Interpretive note: The clause contains two independent legal propositions: (1) Creators are responsible for their own privacy compliance; (2) the Privacy Policy does not apply to Substack's processing as a data processor on behalf of Creators. Both are stated in the canonical claim as they are directly linked and together constitute the primary legal effect.
The updated policy discloses that Substack obtains additional information from third parties and sources beyond what it directly collects from you on the platform. This third-party information is combined with platform data to provide what Substack describes as more relevant and safer experiences, and to improve platform analytics. The policy also clarifies that Substack shares account identifiers with child safety industry consortia and receives information from them to detect CSAM. You can review Substack's full privacy policy to understand which third parties may be sources of this information and how your data may be combined with external sources.
View change record →The updated policy discloses that Substack shares account identifiers (email addresses and usernames) with trusted child safety organizations to detect and prevent online child sexual exploitation and abuse. Users now have the right to object to processing of their personal information for personalization purposes on grounds relating to their particular situation, and Substack commits to responding to privacy rights requests within one month. The policy also clarifies that while recipients of direct messages may retain them independently, the platform may restrict your access to messages when other users delete or block you. You can exercise your right to object to personalization processing by contacting privacy@substackinc.com.
View change record →When Substack processes a reader's Personal Information on behalf of a Creator, the Substack Privacy Policy does not apply to that processing, and the Creator bears responsibility for compliance.
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Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
If any provisions from this Policy are in conflict with any applicable laws, such provisions will be replaced by provisions of the same purport that reflects the original intention of the provision, to the extent permissible under the applicable laws.
"Creators using our services are responsible for their own privacy compliance and this Privacy Policy does not apply to any processing of your Personal Information by Substack as a data processor on behalf of any Creator.Excerpt from Substack's Privacy Policy
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Users whose Personal Information is processed by Substack acting as a data processor for a Creator cannot rely on the Substack Privacy Policy to govern that processing, creating a potential gap in privacy protections.
When Substack processes a reader's Personal Information on behalf of a Creator, the Substack Privacy Policy does not apply to that processing, and the Creator bears responsibility for compliance.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Substack.