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 now explicitly states four privacy rights that apply depending on your location and subject to applicable exceptions: the right to know about and access your personal data in portable format, the right to request deletion, the right to correct inaccurate data, and the right to be free from retaliation for exercising these rights. Previously, the policy referenced these rights only through procedural language about how to submit requests. The explicit enumeration establishes clearer notice of what protections the policy recognizes. You can exercise these rights by submitting a request through privacy.openai.com or dsar@openai.com.
View change record →The updated policy now explicitly discloses that OpenAI receives information from advertisers and data partners, including details about purchases you make, and uses this data to personalize ads shown to Free and Go users. Previously, the policy referenced ad effectiveness measurement without disclosing the specific source (advertiser data) or the personalization component. Under the revised terms, Free and Go users can use advertising controls in account settings to control what data OpenAI uses to personalize ads. You can access these controls through your OpenAI account settings to adjust ad personalization.
View change record →The updated policy no longer explicitly states that OpenAI receives information from advertisers and other data partners for ad measurement and improvement, nor does it mention that users can control what data is used to personalize ads shown on the service. The revised terms now establish a broader direct marketing authority, stating the company may promote products and services to users through direct marketing and on third-party properties to assess effectiveness, subject to user choices and controls. The policy adds a reference to a Korea Addendum for Korean users. You can review the linked resources to understand what choices and controls remain available.
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 may use aggregated, anonymized, or de-identified information that cannot reasonably be used to identify you for any purpose, including sharing it with partners, advertisers, and other third parties. This information is not subject to the restrictions in this Privacy Policy.
We use the information we collect to send you ads and other commercial and sponsored content. We use the information we have to deliver our products, including to personalize features and content and make suggestions for you on and off our products. We share information across the Meta Companies.
We may use personal information to send you marketing communications about Visa products, services, and offers that may interest you, to personalize your experience with us, and to provide you with targeted advertising. You may opt out of receiving marketing communications from us at any time.
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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.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.