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 qualifier 'intentionally' means GitHub does not guarantee that no Personal Data from under-13 users is ever collected, only that it does not do so on purpose.
Interpretive note: The canonical claim merges two closely related propositions from the same sentence pair; both are recorded here as the excerpt does not establish a single independent primary effect separable from the other. The qualifier 'intentionally' is preserved as it materially limits the scope of the commitment.
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 →If you are under 13, GitHub's Services are not intended for you, and GitHub states it does not intentionally collect your Personal Data.
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This Site does not intend to market any products or services to children under thirteen (13) years of age.
The Services are intended for use by users that reside in the U.S. and are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian).
If you are under 18 or not of legal age, you must have your parent or legal guardian's permission if you want to use the Services.
"Our Services are not intended for individuals under the age of 13. We do not intentionally gather Personal Data from such individuals.Excerpt from GitHub's Privacy Statement
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The qualifier 'intentionally' means GitHub does not guarantee that no Personal Data from under-13 users is ever collected, only that it does not do so on purpose.
If you are under 13, GitHub's Services are not intended for you, and GitHub states it does not intentionally collect your Personal Data.
ConductAtlas has identified this type of provision across 147 platforms. See the full comparison.
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