This analysis describes what Anthropic'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
The provision establishes a bifurcated data usage framework where general model training is subject to user opt-out, but safety-related uses and user-initiated reporting create categorical exceptions that bypass the opt-out mechanism. This creates a distinction between discretionary and mandatory data uses based on flagging or explicit user reporting.
Users can prevent general use of their inputs and outputs for model training through account settings, but Anthropic retains authorization to use flagged conversations and explicitly reported materials for safety review and model improvement without regard to opt-out status. The provision establishes that safety-flagged and user-reported content falls outside the scope of the opt-out right.
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"We may use your Inputs and Outputs to train our models and improve our Services, unless you opt out through your account settings. Even if you opt-out, we will use Inputs and Outputs for model improvement when: (1) your conversations are flagged for safety review to improve our ability to detect harmful content, enforce our policies, or advance AI safety research, or (2) you've explicitly reported the materials to us (for example via our feedback mechanisms).— Excerpt from Anthropic's Anthropic Privacy Policy
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The provision establishes a bifurcated data usage framework where general model training is subject to user opt-out, but safety-related uses and user-initiated reporting create categorical exceptions that bypass the opt-out mechanism. This creates a distinction between discretionary and mandatory data uses based on flagging or explicit user reporting.
Users can prevent general use of their inputs and outputs for model training through account settings, but Anthropic retains authorization to use flagged conversations and explicitly reported materials for safety review and model improvement without regard to opt-out status. The provision establishes that safety-flagged and user-reported content falls outside the scope of the opt-out right.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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