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
The scope of collection is broad, encompassing substantive user-generated content including AI-interaction outputs and source code.
The updated terms now explicitly authorize GitHub to collect AI outputs generated within the platform alongside user-provided code and content, and to share personal data with Microsoft and other GitHub affiliates for purposes including training and improving artificial intelligence and machine learning technologies. The privacy statement indicates that aggregate and de-identified data will be used where feasible, but the updated language establishes broader authority for affiliate data sharing and AI model development than the previous version stated. The revised terms also remove specific disclosure of the conditions under which GitHub personnel may access private repositories, replacing that detail with a cross-reference to the Terms of Service, which means the scope of internal GitHub access to private repositories is now defined in a separate contract document rather than the privacy statement itself.
View change record →Content you create or submit while using GitHub's Services—including code, AI outputs, and documents—is collected as Personal Data.
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As you interact with our Website, we may automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns...by using cookies, server logs and other similar technologies.
TAO Toolkit releases that collect data, collect it for the following purposes: (a) to properly configure and optimize products for use with Software; (b) to deliver content or service through the Software; and (c) to improve NVIDIA products...
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"When you use our Services, we collect Personal Data included as part of the information you provide such as code, inputs, AI outputs, text, documents, images, or feedback.— Excerpt from GitHub's GitHub Privacy Statement
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The scope of collection is broad, encompassing substantive user-generated content including AI-interaction outputs and source code.
Content you create or submit while using GitHub's Services—including code, AI outputs, and documents—is collected as Personal Data.
ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.
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