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FTC Orders X-Mode and Outlogic to Halt Sensitive Location Data Sales

X-Mode Social and OutlogicApril 12, 2024Federal Trade Commission

Summary

The FTC finalized an order against data broker X-Mode and its successor Outlogic for selling precise location data that could track visits to sensitive locations like medical clinics and places of worship. The order bans them from sharing or selling sensitive location data and requires them to delete collected data, implement privacy programs, and ensure downstream compliance.

Remedy

The order prohibits X-Mode/Outlogic from selling or sharing sensitive location data, requires deletion of previously collected location data unless consensual or deidentified, mandates creation of a sensitive locations list, implements a supplier assessment program, sets procedures for data recipients to avoid misuse, and establishes a comprehensive privacy program with a data retention schedule.

BanData DeletionCompliance ProgramAudit RequirementInjunction

Contract Impact

In-house legal teams should review all vendor, customer, and data processing agreements where location data is shared, sold, or processed. Focus on clauses governing data sharing, consent mechanisms (especially for sensitive locations like medical clinics or places of worship), data retention and deletion obligations, breach notification, and downstream use restrictions. Contracts may need amendments to explicitly prohibit the sale or sharing of sensitive location data, require deletion of previously collected location data, mandate the implementation of privacy programs, and include audit rights or indemnification to ensure downstream recipients comply with restrictions on sensitive location data.

Contract Search Terms

sensitive location data prohibitiondata deletion requirementprivacy program mandatedownstream compliance clausesensitive location list maintenancelocation data sharing restrictionsconsumer location tracking consentdata broker agreement termsprecise location data handlingsensitive location identification protocol

Violation Types

Entity Details

Entity

X-Mode Social and Outlogic

Also known as: X-Mode

Industry

Data Broker

Official Sources

Source Evidence

Entity Name
"X-Mode and its successor Outlogic"
Violation Types
"sold precise location data that could be used to track people’s visits to sensitive locations such as medical and reproductive health clinics and places of worship."

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