This analysis describes what TikTok'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 clause acknowledges the regulatory classification of certain data categories as sensitive under state privacy regimes and specifies that processing occurs within those legal frameworks. It creates transparency regarding which data elements TikTok treats as sensitive and the legal basis for their processing.
Users retain discretion over whether to submit sensitive personal information through content or voluntary submissions, while TikTok's processing of any such information submitted is governed by state privacy law requirements. The provision does not authorize collection of sensitive information the user does not voluntarily provide.
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"Information You Provide may include sensitive personal information, as defined under applicable state privacy laws. We process such information in accordance with applicable law, such as to provide the Services and other permitted purposes under state privacy laws, like the California Consumer Privacy Act ("CCPA"). You may choose whether or not you include sensitive personal information in your user content or in other information you voluntarily submit. The type of information that state privacy laws, such as the CCPA, have identified as sensitive personal information include the following: racial or ethnic origin, national origin, religious beliefs, mental or physical health diagnosis, sexual life or sexual orientation, status as transgender or nonbinary, citizenship or immigration status, or financial information.— Excerpt from TikTok's TikTok Privacy Policy
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The clause acknowledges the regulatory classification of certain data categories as sensitive under state privacy regimes and specifies that processing occurs within those legal frameworks. It creates transparency regarding which data elements TikTok treats as sensitive and the legal basis for their processing.
Users retain discretion over whether to submit sensitive personal information through content or voluntary submissions, while TikTok's processing of any such information submitted is governed by state privacy law requirements. The provision does not authorize collection of sensitive information the user does not voluntarily provide.
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