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 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.
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We may analyze personal data we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you.
To achieve these processing purposes, we use algorithms to recognize patterns in Service Data, manual review of Service Data (such as when you interact directly with our billing or support teams)...
We may derive or infer additional Personal Data about you, including demographic characteristics such as age range, gender, and parental status, based on your use of our Services and other available information.
"We generate new information from other data we collect to derive likely preferences or other characteristics. For instance, we infer your general geographic location based on your IP address.Excerpt from GitHub's Privacy Statement
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The clause states: “We generate new information from other data we collect to derive likely preferences or other characteristics. For instance, we infer your general geographic location based on your IP address.”
ConductAtlas has identified this type of provision across 217 platforms. See the full comparison.
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