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.
View change record →How other platforms handle this
Oura also has legal obligations to retain certain personal data for a specific period of time, such as for tax purposes. These required retention periods may include, for example, accounting and tax requirements, legal claims...
We store your personal information for a period of time that is consistent with the business purposes set forth in Section 3 of this policy or as long as needed to fulfill and comply with legal obligations.
Ancestry also retains certain information as reasonably necessary to comply with our legal obligations (including law enforcement requests), resolve disputes, maintain security, prevent fraud and abuse, as well as to comply with tax, payment industry, securities...
"we may retain certain data as necessary for legal obligations or for establishing, exercising, or defending legal claims.Excerpt from GitHub's Privacy Statement
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The clause states: “we may retain certain data as necessary for legal obligations or for establishing, exercising, or defending legal claims.”
ConductAtlas has identified this type of provision across 275 platforms. See the full comparison.
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