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The policy states that use of the Services constitutes consent to electronic breach notification, and that users who have a legal right to written notice may request free written notification or withdraw consent to electronic notification by emailing privacy@venmo.com.
This analysis describes what Venmo'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 establishes that the act of using the Services functions as consent to electronic breach notification, while preserving a mechanism for users in jurisdictions with written notice rights to request paper notification or withdraw electronic consent. State breach notification laws may impose specific timing and content requirements regardless of the consent mechanism described.
Under this clause, Venmo may deliver security breach notifications electronically via email or app posting rather than in writing by default, and users who prefer or are entitled to written notice can request it by emailing privacy@venmo.com. State breach notification statutes in many jurisdictions impose mandatory notice requirements that may apply independently of this policy provision.
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"If Venmo learns of a systems security breach, we may attempt to notify you electronically so you can take appropriate protective steps. By using the Services, you agree that Venmo may communicate with you electronically. Venmo may post a notice on the website or mobile applications if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), please email us at privacy@venmo.com.Excerpt from Venmo's Privacy Policy
1) REGULATORY LANDSCAPE: This provision engages state breach notification statutes, which exist in all 50 U.S. states with varying timing, content, and format requirements. The FTC also has authority over data security practices under the FTC Act, and GLBA imposes specific breach notification requirements for financial institutions. The California Consumer Privacy Act and CPRA include breach notification provisions applicable to California residents. 2) GOVERNANCE EXPOSURE: Low. The provision discloses the electronic notification default and preserves a written notice request mechanism. State breach notification laws impose obligations independently of user consent mechanisms, so the practical effect of this consent provision may be limited by mandatory statutory requirements. 3) JURISDICTION FLAGS: California, New York, and other states with specific breach notification timing and content requirements create heightened compliance obligations that operate independently of this policy's consent mechanism. GLBA's Safeguards Rule imposes its own breach notification requirements for financial institutions. 4) CONTRACT AND VENDOR IMPLICATIONS: The provision does not address whether third-party service providers who experience breaches involving Venmo user data are required to notify Venmo within a specified timeframe, which may create gaps in the breach notification workflow. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should confirm that the electronic breach notification process satisfies the timing and content requirements of applicable state breach notification statutes, ensure that the written notice request mechanism at privacy@venmo.com is operationally functional, and assess whether GLBA Safeguards Rule notification requirements are satisfied by the described notification process.
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This provision establishes that the act of using the Services functions as consent to electronic breach notification, while preserving a mechanism for users in jurisdictions with written notice rights to request paper notification or withdraw electronic consent. State breach notification laws may impose specific timing and content requirements regardless of the consent mechanism described.
Under this clause, Venmo may deliver security breach notifications electronically via email or app posting rather than in writing by default, and users who prefer or are entitled to written notice can request it by emailing privacy@venmo.com. State breach notification statutes in many jurisdictions impose mandatory notice requirements that may apply independently of this policy provision.
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