maybe they try to write to local storage? local storage isn't available in private mode, at least incognito in chrome.
For obvious reasons, you don't want that API active for private browsing (As persisting it would enable tracking), but by combining browser version detection to determine if a browser supports the API with feature detection to see that it's disabled, you can assume that "Private Browsing" is on.
Better browser API design might include in-memory only support for the API, but I haven't thought that all the way through.