This analysis describes what OpenAI'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 provision establishes distinct data usage policies based on account type, creating different baseline training data practices for API and consumer users. This operational distinction means the scope of content used for model development varies depending on the user relationship with OpenAI.
The updated policy removes language describing how OpenAI uses advertiser and data partner information to personalize ads and measure ad effectiveness. The policy also removes the specific mechanism Free and Go users previously had to control ad personalization through account settings. In exchange, the policy adds explicit authorization for OpenAI to identify which of a user's contacts use OpenAI services and to monitor all content submitted on the platform for fraud and misuse detection. The authorization to monitor content and identify contacts now appears in the main policy purposes section rather than in supplementary documentation. You can review the Korea Addendum if you are located in South Korea to understand region-specific privacy rules.
View change record →The updated policy removes language that previously described ad personalization controls available to Free and Go users through account settings, though the policy continues to authorize OpenAI to personalize ads and measure their effectiveness for these user tiers. Previously, the policy explicitly stated that 'For Free and Go users, you can use the advertising controls in your account settings to control what data we use to personalize the ads we show you on our Services.' This language is no longer present in the updated version. The policy still lists ad personalization as an authorized use of personal data for Free and Go users, but no longer explicitly describes how users can access controls to manage this practice. You should verify whether advertising controls remain functional in your OpenAI account settings, as the policy no longer explicitly references them.
View change record →The updated policy removes specific language stating that OpenAI receives advertiser data to personalize ads shown to Free and Go users. It also removes reference to account-level advertising controls previously described in account settings. These removals are replaced with broader language authorizing OpenAI to promote products through direct marketing and third-party properties, subject to choices and controls, but the terms no longer explicitly describe what advertiser data is collected, from whom, or how to manage it at the account level. The policy now requires users to follow a 'learn more' link to understand ad personalization controls, rather than documenting those controls directly in the privacy policy.
View change record →Consumer users of ChatGPT operate under a default that permits their content to be used for AI model training unless they affirmatively opt out through the Privacy Portal. API users operate under a default that excludes their content from model training absent an affirmative opt-in.
How other platforms handle this
We target (and measure the performance of) ads to Members, Visitors and others both on and off our Services directly or through a variety of partners, using the following data, whether separately or combined: Data from advertising technologies on and off our Services, like web beacons, pixels, ad ta...
Microsoft uses data we collect to provide you with rich, interactive experiences. In particular, we may use data to show you advertising or serve Microsoft-selected content within Microsoft products and services. Microsoft does not use what you say in email, chat, video calls, or voice mail to targe...
We may use the information we collect to help us improve our products and services, to develop new features, and to perform analytics. We may also use your information to personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested...
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"We may use your personal information to train our AI models. If you are an API user, we do not use your content to train our models by default. If you are a consumer user (e.g., ChatGPT), we do use your content to train our models, but you can opt-out by visiting our Privacy Portal.— Excerpt from OpenAI's OpenAI Privacy Policy
We read the privacy policies and terms of service of 38 AI platforms. Here is what they say about training, retention, arbitration, and liability.
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The provision establishes distinct data usage policies based on account type, creating different baseline training data practices for API and consumer users. This operational distinction means the scope of content used for model development varies depending on the user relationship with OpenAI.
Consumer users of ChatGPT operate under a default that permits their content to be used for AI model training unless they affirmatively opt out through the Privacy Portal. API users operate under a default that excludes their content from model training absent an affirmative opt-in.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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