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The agreement authorizes Baseten to compile deidentified, anonymized, and aggregated usage and performance data derived from Customer, Authorized User, and End User interactions with the platform, and asserts that Baseten owns all such Statistical Data and may use it for any lawful business purpose including product improvement and development.
This analysis describes what Baseten'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 provision establishes that Baseten holds ownership rights over a category of data derived from Customer platform activity, which may have implications for Customer data governance policies and competitive sensitivity assessments, particularly where usage patterns or performance metrics could reveal proprietary operational information about Customer deployments.
Interpretive note: The adequacy of deidentification or anonymization methods is not specified in the document, creating uncertainty about whether Statistical Data falls outside the scope of applicable data protection regulations in all jurisdictions.
Under this clause, Customer acknowledges Baseten's right to compile and own deidentified, anonymized, and aggregated statistical information derived from Customer, Authorized User, and End User activity, and authorizes its use for Baseten's internal business and product development purposes.
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"Customer acknowledges and agrees that Baseten has the right to compile deidentified, anonymized and/or aggregated statistical information related to the usage and performance of the Services (e.g., latency metrics) derived from the Customer's and Authorized Users' and End Users' use thereof (collectively, "Statistical Data"). Baseten owns all Statistical Data and may use Statistical Data for Baseten's lawful business purposes, including to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and any other Baseten offerings.Excerpt from Baseten's Terms of Service
(1) REGULATORY LANDSCAPE: This provision implicates GDPR recital 26 and related deidentification standards, as well as CCPA deidentification and aggregation safe harbors. The FTC may have oversight interest in representations about deidentification adequacy. The key regulatory question is whether Baseten's deidentification and aggregation practices meet the threshold required to remove data from the scope of applicable privacy regulations, which is jurisdiction-dependent and not specified in granular technical terms in the document. (2) GOVERNANCE EXPOSURE: Medium. The provision asserts Baseten ownership of a broad category of derived data without specifying the technical standards for deidentification or anonymization. Where deidentification methods are insufficient under applicable law, derived data may retain personal data status, which would engage additional obligations. The reference to 'any other Baseten offerings' in the permitted use scope is broad and may warrant evaluation in procurement reviews. (3) JURISDICTION FLAGS: EU and UK customers face heightened exposure given GDPR's strict pseudonymization and anonymization standards under recital 26. California customers should evaluate whether Statistical Data qualifies under CCPA's aggregate or deidentified data exemptions. In jurisdictions with strict anonymization requirements, the adequacy of deidentification processes may be challenged if re-identification risk exists. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether this provision conflicts with their own data governance policies or contractual obligations to their own customers regarding downstream use of usage-derived data. The clause does not provide Customer with audit rights over deidentification methods specifically, which may be a gap for organizations subject to data minimization obligations. (5) COMPLIANCE CONSIDERATIONS: Compliance teams may want to evaluate whether Customer's own privacy notices and data subject disclosures account for Baseten's Statistical Data collection and use, and whether Customer's data processing agreements with its own customers permit this downstream use of aggregated usage data.
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This provision establishes that Baseten holds ownership rights over a category of data derived from Customer platform activity, which may have implications for Customer data governance policies and competitive sensitivity assessments, particularly where usage patterns or performance metrics could reveal proprietary operational information about Customer deployments.
Under this clause, Customer acknowledges Baseten's right to compile and own deidentified, anonymized, and aggregated statistical information derived from Customer, Authorized User, and End User activity, and authorizes its use for Baseten's internal business and product development purposes.
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