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
By incorporating the Privacy Statement by reference, the provision establishes a two-document governance structure where data practices are defined outside the primary Terms of Service agreement. This creates a requirement that users reference an external document to understand the full scope of data handling obligations and authorizations.
GitHub's updated Terms of Service now include an explicit section governing AI features, including Copilot. The new section establishes specific contractual terms for how user data may be collected, used, and retained for developing and improving AI and machine learning models, and identifies what controls are available to users. The practical effect is that AI-related data practices are now consolidated under dedicated contractual language rather than dispersed across general service terms.
View change record →GitHub's Terms of Service update on April 19, 2026 involved substantial revisions across 54 sentences, with 40 sentences removed and 4 added. The extent of change suggests modifications to core service provisions; however, without access to the specific language that was modified, removed, or added, the precise operational implications for users cannot be determined. Users should review the updated Terms directly to understand how the changes affect their usage rights, account obligations, or dispute resolution procedures.
View change record →Users' data handling is governed by the terms stated in the GitHub Privacy Statement rather than this agreement alone. The specific practices regarding data collection, use, and third-party sharing are defined in the separately maintained Privacy Statement document, which users must consult for complete information on data practices.
How other platforms handle this
Your privacy is important to us. Please read the Microsoft Privacy Statement as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. Where processing is based on consent and to the extent permitted by la...
"By clicking 'Next', you are indicating that you have read and agree to the TERMS OF USE AND PRIVACY POLICY"
We automatically collect certain information from your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Service, we collect information about the individual web pages or products th...
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"Please refer to the GitHub Privacy Statement (available at https://docs.github.com/site-policy/privacy-policies/github-privacy-statement) for information about how we collect, use, and share information about private individuals. GitHub's collection, use, and sharing of personal data from the Service is governed by that Privacy Statement, which is incorporated herein by reference.— Excerpt from GitHub's GitHub Terms of Service
Netflix updated its Privacy Statement on April 18, 2026, disclosing voice recording collection and expanded household ad profiling for the first time.
Google's Privacy Policy covers Search, Gmail, YouTube, Maps, and every site running Google Analytics. Here is what it actually authorizes.
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By incorporating the Privacy Statement by reference, the provision establishes a two-document governance structure where data practices are defined outside the primary Terms of Service agreement. This creates a requirement that users reference an external document to understand the full scope of data handling obligations and authorizations.
Users' data handling is governed by the terms stated in the GitHub Privacy Statement rather than this agreement alone. The specific practices regarding data collection, use, and third-party sharing are defined in the separately maintained Privacy Statement document, which users must consult for complete information on data practices.
ConductAtlas has identified this type of provision across 5 platforms. See the full comparison.
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