When you use NVIDIA AI tools such as NIM, content you submit may be used to train or improve NVIDIA's AI models, though the policy states opt-out options may be available.
This analysis describes what NVIDIA NIM'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 policy authorizes use of user-submitted content for AI model training, which means inputs to NVIDIA AI services could contribute to model development; the scope of data retained after opt-out is not fully specified in the policy.
Interpretive note: The exact scope of data used for AI training and the operational effect of the opt-out mechanism are not fully specified in the available policy text, creating uncertainty about what data is excluded after opt-out is exercised.
The updated Privacy Policy removes all disclosure language about how NVIDIA and third-party partners use cookies and other tracking technologies. Previously, the policy stated that cookies were used 'to collect and record information' for 'performance improvement, analytics, and to assist in our marketing efforts' and described consent mechanisms like 'Accept All' and 'Manage Settings'. The updated policy contains no equivalent disclosure of these tracking practices, data collection methods, or consent options. You can review NVIDIA's full Privacy Policy at their Privacy Center, though the updated version no longer describes cookie and tracking technology practices that were previously disclosed.
View change record →Users of NVIDIA AI products including NIM may have their input data used for AI model training under this provision; the policy states opt-out mechanisms exist but does not fully detail what data is excluded from training after opt-out is exercised.
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"When you use NVIDIA AI products and services, we may use the data you provide to improve and train our AI models. You may have the option to opt out of certain uses of your data for AI training purposes, as described in the relevant product documentation or privacy settings.— Excerpt from NVIDIA NIM's NVIDIA Privacy Policy
1) REGULATORY LANDSCAPE: This provision implicates GDPR Articles 5, 6, and 13 regarding lawful basis and transparency for AI training use of personal data; the EU AI Act's requirements on providers of general-purpose AI models regarding training data documentation and transparency are also engaged. The FTC has issued guidance on AI training data use under Section 5 of the FTC Act. EU Data Protection Authorities and the UK ICO have both issued guidance questioning the adequacy of legitimate interests as a lawful basis for AI training without explicit consent. The California Privacy Protection Agency has initiated rulemaking on automated decision-making and AI that may affect this provision. 2) GOVERNANCE EXPOSURE: High. The provision asserts a right to use personal data for AI model training with an opt-out mechanism rather than requiring affirmative consent; in the EU/EEA, this approach may require a legitimate interests assessment that demonstrably outweighs data subject rights, and regulators in Italy, Ireland, and France have previously challenged similar provisions by other AI providers. The adequacy of the opt-out as a substitute for consent is jurisdiction-dependent and operationally uncertain based on the policy language alone. 3) JURISDICTION FLAGS: Heightened exposure in EU/EEA where GDPR requires a clear lawful basis for each processing purpose; UK where the ICO has scrutinized AI training practices; California where CPRA sensitive data provisions and CPPA rulemaking on automated decision-making may apply; and Brazil under LGPD. The provision may require different consent or opt-out mechanisms depending on the jurisdiction of the user. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise and developer customers integrating NVIDIA NIM or other AI APIs into their own products should assess whether this AI training use provision conflicts with their own privacy policies or data processing agreements with end users. Data processing addenda with NVIDIA should clarify whether customer data submitted via API is used for model training and what contractual controls exist to restrict such use. The policy as stated does not clearly distinguish between consumer and enterprise/developer data use. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should audit whether opt-out mechanisms for AI training are prominently disclosed at point of data collection for AI products; evaluate whether a legitimate interests assessment has been documented for EU users; assess whether product-level privacy settings are accessible and functional; and consider whether data processing agreements with NVIDIA for enterprise use include explicit restrictions on training data use.
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The policy authorizes use of user-submitted content for AI model training, which means inputs to NVIDIA AI services could contribute to model development; the scope of data retained after opt-out is not fully specified in the policy.
Users of NVIDIA AI products including NIM may have their input data used for AI model training under this provision; the policy states opt-out mechanisms exist but does not fully detail what data is excluded from training after opt-out is exercised.
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