This analysis describes what Midjourney'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 policy explicitly discloses a broader range of personal data that Midjourney collects, including credit card information, location data, device identifiers, organizational information, and data from third-party sources. The revised terms also clarify expanded purposes for using this data, including purchase and subscription processing, marketing communications, event-related activities, and business analytics. The policy states that cookies and tracking technologies are used for marketing and advertising purposes where consent is obtained. You can review Midjourney's Cookie Policy for additional details about tracking technology use and manage cookie preferences through your browser settings.
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If you are accessing the Website from a location outside the EEA, U.K., or Canada, you understand that we apply U.S. law and the U.S. advertising industry self-regulatory program to Tracking Technologies associated with the Website.
Rocket Science Group LLC d/b/a Mailchimp has appointed Intuit Ireland Software Limited as its Legal Representative in the European Union in accordance with the DSA.
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
"We will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests...Excerpt from Midjourney's Data Retention & Privacy FAQ
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The clause states: “We will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests...”
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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