PepsiCo
Consumer Staples
55
out of 100. Number 173 of 512, counting from the worst.
Where PepsiCo does well
- Renewals 3 of 20. Few problems found.
- The main consumer site's Terms of Use (pepsico.com) contain NO forced arbitration clause — disputes go to New York courts, unlike the commerce-focused PepsiCo Partners terms.
- The privacy notice gives a genuine 'Your Privacy Choices' opt-out of sale/sharing for targeted advertising, honors state-law rights (access, deletion, correction) via both a toll-free number (1-833-548-0119) and a secure portal, and promises no discrimination for exercising rights.
- Biometric data gets unusually strong treatment: written consent required, no third-party disclosure without notice plus written consent, and permanent destruction when the collection purpose is met or within two years of last interaction.
- The Joy/Tasty Rewards financial incentive is opt-in, tied to purchase volume rather than data value (their own good-faith estimate), and you can withdraw at any time.
- PepsiCo publicly states it has no actual knowledge of selling/sharing data of consumers under 16, and publishes CCPA request statistics.
On PepsiCo's e-commerce site, simply using the site means you give up the right to sue in court, join a class action, or get a jury trial — all disputes go to private individual arbitration, with no opt-out offered.
The fine print
6 clauses and findings from the draft archive, dated 1 October 2026. The plain English comes first; the small print is the company's own words. None of these has been checked yet.
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On PepsiCo's e-commerce site, simply using the site means you give up the right to sue in court, join a class action, or get a jury trial — all disputes go to private individual arbitration, with no opt-out offered.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SERVICE, WILL BE RESOLVED INDIVIDUALLY ON YOUR OWN BEHALF, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ACTION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING PROVISIONS.
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If you can't agree on arbitration logistics, the fallback is a three-arbitrator panel in PepsiCo's home territory (Winston-Salem, NC), and you normally pay your own arbitration costs — making small claims impractical to pursue.
If the parties cannot mutually agree to such terms, then the arbitration shall take place in Winston-Salem, North Carolina and be presided over by a panel of three arbitrators to be selected upon mutual agreement. It is intended that each party shall be responsible for bearing its own costs associated with arbitration as provided for hereunder, except that the arbitrator(s) shall be authorized to award the costs of arbitration as the interests of justice require.
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PepsiCo can change the deal whenever it wants without telling you; it's your job to keep re-reading the terms to find out what changed.
We also may modify these Terms of Service from time to time without notice to you, unless otherwise required by applicable law. You should visit this page regularly and review these Terms of Service for the current terms.
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The price you see at checkout is not the price you're promised — PepsiCo can charge a different (higher) price at delivery and you've pre-agreed to it.
PepsiCo cannot confirm the price of an item until an order is delivered. ... If an item's correct price differs from the stated price at the time of delivery, PepsiCo will charge the correct price (whether higher or lower) as reflected on the invoice at the time of order delivery.
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PepsiCo openly feeds your identifiers, browsing history, and location data to advertising partners for cross-context behavioral (targeted) advertising — and third-party trackers on their sites 'may use your information for their own purposes.' You have to actively opt out via a privacy portal.
Over the past 12 months, we have worked with advertising partners who assist us with our targeted advertising activities, who may have had access to identifiers, Internet and other electronic network activity information, geolocation data, and other personal information. ... we collect these categories of information ... and we disclose these categories of personal information within the PepsiCo family of companies and brands, to business partners and third-party vendors that provide us hosting, advertising, and other services, to advertising and analytics partners...
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Anything you submit to PepsiCo — content, ideas, feedback — becomes theirs to use forever, worldwide, for free, even to sublicense; they own your ideas too, with no way to take them back.
If you do submit material, and unless we indicate otherwise, you grant PepsiCo and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that PepsiCo is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to PepsiCo.
How these were found
Documents read directly via public pages (no mirrors needed): (1) PepsiCo Terms of Use at https://www.pepsico.com/terms-of-use (full text read; no 'last updated' date shown on page); (2) PepsiCo Partners Terms of Service at https://www.pepsicopartners.com/pepsico/en/USD/terms-and-conditions (361 lines, read in full; no 'last updated' date shown; note this is PepsiCo's e-commerce platform — primarily aimed at retail/reseller customers but consumer-accessible and explicitly covers 'making a purchase'); (3) PepsiCo United States Privacy Notice dated June 30, 2024 at https://www.pepsico.com/privacy (393 lines, read in full). Scoring note: the forced arbitration + class action waiver lives in the PepsiCo Partners commerce terms, not the main pepsico.com site terms (which choose NY court jurisdiction instead) — arbitration score reflects that it binds actual paying customers with no opt-out.
These notes come from the original draft and are not independent verification.