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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By using the Services, you have contracted with us through the Terms of Service, and we will process certain Personal Data to perform under that contract, including first and last name, email address, password, location information...
Making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a 'need-to-know basis'.
If you believe we have taken action against your content or account in a way that does not comply with these Terms, you have the right to bring a claim for breach of contract under UK law.
"Processing is required to fulfill our contractual duties to you, in accordance with the GitHub Terms of Service.Excerpt from GitHub's Privacy Statement
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The clause states: “Processing is required to fulfill our contractual duties to you, in accordance with the GitHub Terms of Service.”
ConductAtlas has identified this type of provision across 297 platforms. See the full comparison.
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