Kraken
Kraken.com Terms of Service and Privacy Notice
Kraken is a cryptocurrency exchange platform that allows users to buy, sell, trade, deposit, withdraw, and stake digital assets, as well as manage fiat currency balances and access related financial products.
Analyzed August 12, 2026
Key findings
Summary
Kraken's terms grant the company broad discretionary authority: it can suspend or terminate accounts, reject transactions, and change fees or supported assets at any time without notice or liability. Users face mandatory JAMS arbitration with a class-action waiver and no opt-out, broad and perpetual licensing rights over submitted content and feedback, and extensive collection of sensitive verification data including biometric identifiers. Trades and deposits are generally final and non-refundable, and unpaid fees accrue interest and collection charges.
Category Breakdown
Kraken collects extensive KYC/verification data including biometric data extracted from ID documents, financial data, on-chain activity, AI interaction data, and device/log data, with no meaningful opt-out given regulatory requirements.
From: PRIVACY POLICYVerification information, which includes information necessary to verify your identity such as a passport, driver’s licence, selfie photos / videos, login credentials or Government-issued identity card, which may be processed using technologies that extract biometric data.View source document
Kraken shares personal data with service providers, credit reference and fraud prevention agencies, business partners, and affiliates for compliance and business purposes, but the document does not state that data is sold or shared for advertising.
From: TERMS OF SERVICEyour personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.View source document
Kraken requires users to grant a perpetual, irrevocable, sublicensable license over user-submitted content and takes full ownership of any feedback provided, exceeding what is needed simply to operate the service.
From: TERMS OF SERVICEYou grant us a perpetual, irrevocable, royalty-free, worldwide, fully sublicensable, non-exclusive right and license to use and exploit your Content in any manner and for any purpose.View source document
Kraken can suspend, restrict, or terminate accounts and reject transactions at any time without liability or prior notice, and may withhold return of assets if it believes fraud or misconduct occurred.
From: TERMS OF SERVICEWe can, at any time and without liability or prior notice to you: modify or discontinue our services or Platforms (or any parts of them), suspend, restrict, or terminate your access to our services or Platforms, suspend, restrict, or delete your account, any information related to your account, or any content you post to the services or Platforms, or reject any Deposit, Withdrawal, Trade, or other transaction or use of the service.View source document
Kraken mandates binding individual arbitration through JAMS with a class action waiver and no opt-out mechanism, though a small claims-adjacent informal resolution step and copyright/trademark carve-out exist.
From: TERMS OF SERVICEYou and Kraken agree to arbitrate any dispute arising from these Terms or your use of the services...that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS...you and Kraken won't commence against the other a class action, class arbitration or representative action or proceeding.View source document
Recurring trades and deposits are non-refundable and non-cancellable once executed, fees may change without notice, and unpaid amounts accrue steep 18% annual interest plus an 18% collection fee.
From: TERMS OF SERVICEAll Deposits and Issuances are final and non-refundable once made... If you fail to pay fees or any other amounts owed to us, interest will accrue on such unpaid amounts at the greater of the rate of 18% per year, or the maximum amount allowed by law.View source document