Amplitude collects data about how your business uses its platform and can use that information for its own purposes, including building better products, separate from the data you send Amplitude about your own customers.
This analysis describes what Amplitude'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
This clause establishes that Amplitude acts as an independent data controller for Operational Data, meaning the protections that apply to your Customer Data do not automatically extend to this category of data.
Interpretive note: The precise scope of what constitutes Operational Data is not exhaustively defined in the ToS, creating some ambiguity about the full range of data Amplitude may collect and use independently.
Businesses should be aware that usage behavior on the Amplitude platform is collected and used by Amplitude for its own product development purposes, and this use is not governed by the same Customer Data protections in the agreement. This may require disclosure in your own end-user privacy notices depending on jurisdiction.
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"Amplitude may collect and use data related to Customer's use of the Services ('Operational Data') for Amplitude's own business purposes, including to maintain, improve, and develop Amplitude's products and services. Operational Data does not include Customer Data.— Excerpt from Amplitude's Amplitude Terms of Service
(1) REGULATORY LANDSCAPE: This provision implicates GDPR Article 5 (purpose limitation and data minimization) and Article 6 (lawful basis for processing) for EU-based customers and their data subjects, as Amplitude's independent use of Operational Data may require a separate lawful basis assessment. Under CCPA and CPRA, the collection of behavioral usage data about business users for Amplitude's own product development may engage definitions of 'sharing' or 'sale' depending on how the data flows. Enforcement authorities include EU supervisory authorities and the California Privacy Protection Agency. (2) GOVERNANCE EXPOSURE: Medium. The bifurcation between Customer Data and Operational Data creates a governance gap where the DPA protections do not apply to Operational Data. This is a common industry practice for SaaS vendors but requires explicit assessment in each customer's data protection framework. The practical scope of Operational Data is not exhaustively defined in the ToS, creating some ambiguity about what categories of usage data Amplitude retains. (3) JURISDICTION FLAGS: EU/EEA customers face heightened exposure because GDPR's data minimization and purpose limitation principles apply to all processing, including Operational Data. California-based customers should assess whether Amplitude's use of Operational Data constitutes 'sharing' under CPRA. Customers in sectors with heightened data sensitivity (healthcare, financial services) should assess whether Operational Data could contain derived insights about regulated data subjects. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should request a clear definition of what categories of data constitute Operational Data and confirm that Amplitude's use does not extend to re-identification of individual end users. The ToS does not include explicit audit rights over Operational Data processing, which may be a gap for enterprise customers with vendor oversight obligations. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should update vendor data inventories to reflect Amplitude's dual role as data processor for Customer Data and independent controller for Operational Data. End-user privacy notices should be reviewed to confirm they accurately disclose third-party data collection by analytics vendors, including Operational Data. Where GDPR applies, a legitimate interests assessment or other lawful basis documentation may be required for Amplitude's independent processing of Operational Data.
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This clause establishes that Amplitude acts as an independent data controller for Operational Data, meaning the protections that apply to your Customer Data do not automatically extend to this category of data.
Businesses should be aware that usage behavior on the Amplitude platform is collected and used by Amplitude for its own product development purposes, and this use is not governed by the same Customer Data protections in the agreement. This may require disclosure in your own end-user privacy notices depending on jurisdiction.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Amplitude.