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 that Midjourney collects and uses a broader range of personal data than previously detailed, including the text and images in your prompts, your contact information, device identifiers, and data from third parties. The policy now states that this data may be used for AI training, marketing, business transfers, and other purposes. The policy also clarifies that cookies and tracking technologies are used for marketing and advertising with your consent where applicable. You can review Midjourney's Cookie Policy for additional details on tracking practices.
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As required by applicable law, we collect and process information about individuals in the EEA, Switzerland, and UK only where we have a legal basis for doing so.
With respect to the personal data received or transferred pursuant to the DPF, Patreon, Inc. is subject to the regulatory enforcement powers of the US Federal Trade Commission.
Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
"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 Privacy Policy
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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
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 264 platforms. See the full comparison.
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