Users whose accounts were created before October 15, 2025 have a stated exemption from having their prompts and telemetry shared with model providers, while users who created accounts on or after that date are subject to the sharing terms.
This analysis describes what Cursor'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 footnote creates a class-based distinction in data sharing practices based solely on account creation date, meaning the scope of third-party data sharing differs materially between user cohorts without a stated explanation for the distinction.
Interpretive note: The document does not explain the legal or operational basis for the October 15, 2025 cutoff date, nor does it confirm what notice was provided to users creating accounts on or after that date.
The document states that prompt and telemetry data shared with model providers when Privacy Mode is off will not apply to accounts created before October 15, 2025, creating a two-tier data sharing regime based on account creation date; users with accounts created on or after that date are subject to the broader sharing terms.
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"[1]: This data will not be shared with model providers if your account was created before Oct 15, 2025.— Excerpt from Cursor's Cursor Data Use & Privacy Overview
(1) REGULATORY LANDSCAPE: This provision may require evaluation under GDPR notice and consent requirements, particularly whether users with accounts created on or after October 15, 2025, received adequate prior notice of this change in data sharing scope. CCPA disclosure requirements may apply to the introduction of new categories of data sharing for new users. The FTC Act applies to the adequacy of notice for material changes in data practices. (2) GOVERNANCE EXPOSURE: Medium. The footnote establishes a class-based treatment distinction without explaining the legal or operational basis for the cutoff date. This structure may create compliance complexity for organizations with mixed account creation dates, and may raise questions about whether appropriate notice was provided to users creating accounts on or after October 15, 2025. (3) JURISDICTION FLAGS: EU/EEA users creating accounts on or after October 15, 2025, should assess whether this expanded sharing was disclosed through a compliant GDPR consent or notice mechanism. California residents should assess whether this constitutes a new category of sharing requiring CPRA disclosure or opt-out rights. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations with enterprise accounts spanning the October 15, 2025 cutoff date should confirm the applicable data sharing terms for their accounts and document this in their vendor risk records. The footnote does not address whether enterprise agreements override this cutoff. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should document whether their organization's Cursor accounts were created before or after October 15, 2025, and assess the applicable data sharing terms accordingly. Legal teams may want to confirm whether adequate notice was provided to new users about the expanded model provider sharing terms.
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This footnote creates a class-based distinction in data sharing practices based solely on account creation date, meaning the scope of third-party data sharing differs materially between user cohorts without a stated explanation for the distinction.
The document states that prompt and telemetry data shared with model providers when Privacy Mode is off will not apply to accounts created before October 15, 2025, creating a two-tier data sharing regime based on account creation date; users with accounts created on or after that date are subject to the broader sharing terms.
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