Whoop · Whoop Terms of Use · View original document ↗

Biometric and Health Data Collection

High severity Medium confidence Explicitdocumentlanguage Rare · 2 of 325 platforms
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Document Record

What it is

By wearing WHOOP and using the app, you consent to WHOOP continuously collecting sensitive health data about your body including your heart rate, sleep patterns, and physical strain.

This analysis describes what Whoop'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Biometric and physiological health data is among the most sensitive categories of personal information and, once collected, cannot be changed if misused; understanding how WHOOP uses and shares this data is critical for any user.

Interpretive note: The full scope of data use and third-party sharing is deferred to the Privacy Policy, meaning the complete disclosure framework cannot be assessed from the Terms of Use alone.

Consumer impact (what this means for users)

WHOOP continuously collects biometric health data including heart rate variability, sleep stages, and strain metrics from your body every time you wear the device, and your consent to this collection is a condition of using the service.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Delete Your Data
    To request deletion of your biometric health data, contact WHOOP's privacy team at privacy@whoop.com with your account details and a clear data deletion request. California residents and EU users may have additional rights under CCPA or GDPR.

How other platforms handle this

PlanetScale Medium

When you visit the Careers portion of our websites, we collect the information that you provide to us in connection with your job application. This includes but is not limited to business and personal contact information, professional credentials and skills, educational and work history and other in...

American Airlines Medium

American does not knowingly collect personal information directly from children – persons under the age of 13, or another age if required by applicable law – other than when required to comply with the law or for safety and security reasons. Due to the nature of our Services, we may collect travel i...

GOAT Medium

We may collect information about your location, including precise geolocation information, when you use our Services. We use this information to provide location-based services, such as showing you products available in your area, and for other purposes described in this Privacy Policy.

See all platforms with this clause type →

Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
WHOOP collects biometric and health data from your use of the WHOOP hardware and Service, including heart rate, heart rate variability, sleep data, activity data, and other physiological metrics. By using the Service, you consent to WHOOP's collection, use, and processing of this data as described in our Privacy Policy.

— Excerpt from Whoop's Whoop Terms of Use

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: Continuous collection of physiological health data engages multiple regulatory frameworks. Under GDPR Article 9, health data and biometric data used for unique identification qualify as special category data requiring explicit legal basis for processing; the document references a separate Privacy Policy for EU users which compliance teams should review alongside these terms. Illinois BIPA regulates collection and storage of biometric identifiers including physiological data, and several other states (Texas, Washington, New York) have enacted or are considering similar biometric privacy legislation. HIPAA is unlikely to apply directly as WHOOP is not a covered entity, but the FTC has taken enforcement action against health data companies under Section 5 of the FTC Act for misuse of sensitive health information. GOVERNANCE EXPOSURE: High. Continuous biometric data collection from a wearable device creates significant governance exposure given the sensitivity of the data, the volume of collection, and the evolving state-level biometric privacy landscape. The document's reference to the Privacy Policy for the full scope of data use means these terms alone do not provide complete disclosure, which could create a fragmented consent record. JURISDICTION FLAGS: Illinois BIPA creates heightened exposure for biometric data collection if WHOOP users in Illinois are subject to its provisions; BIPA's private right of action and statutory damages have been the basis for significant class action litigation. California CCPA and CPRA classify precise geolocation and health data as sensitive personal information subject to opt-out rights. EU and UK GDPR require explicit consent or another valid legal basis for processing special category health data, and data protection impact assessments may be required. CONTRACT AND VENDOR IMPLICATIONS: Data processing agreements with third-party analytics and cloud service providers handling biometric data must satisfy GDPR processor requirements and, where applicable, BIPA contractual obligations. Procurement teams should assess whether third-party vendors receiving this data have adequate security and data minimization controls. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should conduct a data mapping exercise to document every category of biometric and health data collected, the legal basis for processing in each jurisdiction, retention periods, and third-party recipients. The consent mechanism at account creation should be reviewed to ensure it satisfies the explicit consent standard required for special category data under GDPR, and BIPA compliance counsel should assess whether Illinois-specific consents and data destruction policies are in place.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has enforcement authority over health data misuse and unfair or deceptive data practices under Section 5 of the FTC Act, and has taken action against companies that misuse sensitive health and biometric data.
    File a complaint →
  • State AG
    State Attorneys General in California, Illinois, and other states with biometric privacy laws have enforcement authority over the collection and use of biometric and health data from consumers.
    File a complaint →

Applicable regulations

BIPA
Illinois, USA
CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
ePrivacy Directive
European Union
FTC Act Section 5
United States Federal
GDPR
European Union
HIPAA
United States Federal
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
Whoop Terms of Use
Entity
Whoop
Document last updated
May 5, 2026
Tracking information
First tracked
May 7, 2026
Last verified
May 9, 2026
Record ID
CA-P-007379
Document ID
CA-D-00739
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
b0f69a91b78f8693516741894c5764ade71b5602877efc1fe26040b0583e1652
Analysis generated
May 7, 2026 07:09 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Whoop
Document: Whoop Terms of Use
Record ID: CA-P-007379
Captured: 2026-05-07 07:09:02 UTC
SHA-256: b0f69a91b78f8693…
URL: https://conductatlas.com/platform/whoop/whoop-terms-of-use/biometric-and-health-data-collection/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does Whoop's Biometric and Health Data Collection clause do?

Biometric and physiological health data is among the most sensitive categories of personal information and, once collected, cannot be changed if misused; understanding how WHOOP uses and shares this data is critical for any user.

How does this clause affect you?

WHOOP continuously collects biometric health data including heart rate variability, sleep stages, and strain metrics from your body every time you wear the device, and your consent to this collection is a condition of using the service.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.

Is ConductAtlas affiliated with Whoop?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whoop.