“...you agree to the Data Protection Agreement unless your Agreement with GitHub already includes a different data protection agreement.”
This analysis describes what GitHub'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 determines which data protection framework governs the relationship, and the outcome depends on whether a prior agreement with GitHub already addresses data protection.
Users are bound by the Data Protection Agreement unless they already have a separate data protection agreement with GitHub that would take precedence.
How other platforms handle this
These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
You may be required to provide certain categories of Data to us under the following circumstances: (i) as required under any applicable laws or regulations; (ii) as required under any contract entered into between us...
Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right... to enforce the Agreement against you as a third party beneficiary thereof.
"...you agree to the Data Protection Agreement unless your Agreement with GitHub already includes a different data protection agreement.Excerpt from GitHub's Copilot Product Terms
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This clause determines which data protection framework governs the relationship, and the outcome depends on whether a prior agreement with GitHub already addresses data protection.
Users are bound by the Data Protection Agreement unless they already have a separate data protection agreement with GitHub that would take precedence.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.