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6 Medium severity
3 Low severity
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Summary

This is OpenAI's US Privacy Policy covering ChatGPT and other consumer-facing services, describing what personal data OpenAI collects, how it uses that data, and what controls users have. The policy states that user-submitted content including prompts, files, images, audio, and video may be used to train OpenAI's AI models unless the user opts out, and that Free and Go tier users are subject to personalized advertising based on their ads history and interests, with data shared with select marketing partners for cross-context behavioral advertising. The policy also discloses that when users connect their device contacts, OpenAI uploads and retains information from those address books, including data about individuals who do not themselves use OpenAI's services.

Analysis

This document is OpenAI's US Privacy Policy (effective September 10, 2026), governing the collection, use, disclosure, and retention of personal data from users of OpenAI's consumer-facing services including ChatGPT, and does not apply to data processed under business API customer agreements. The policy states that OpenAI collects identifiers, device information, log and usage data, geolocation, user content including prompts, files, images, audio, and video, contact data from device address books, and advertising history and interests for Free and Go users, and authorizes use of this data to provide services, conduct research, train AI models (subject to user opt-out), and personalize and serve targeted advertisements to Free and Go users. The policy discloses sharing of limited data with select marketing partners for cross-context behavioral advertising, which the document acknowledges is regulated under certain state privacy laws, and reserves broad disclosure authority to government authorities under a multi-factor good-faith standard including 'sole discretion' determinations of policy violations; the contact data upload provision, which collects address book information about non-users and stores it to notify the account holder if those non-users later join, raises questions about consent from third parties not party to this agreement. The policy references engagement with GDPR (through a separate EEA/UK/Switzerland policy), CCPA and other US state privacy laws (through dedicated state disclosure sections and opt-out mechanisms), and COPPA (through a minimum age of 13 and parental permission requirements for users under 18); California-specific rights reporting is disclosed, and the policy references Global Privacy Control as a recognized opt-out mechanism. Material compliance considerations include the opt-out architecture for AI model training and targeted advertising, data retention carve-outs for banned accounts and legal obligations, cross-border data transfer to US-based servers under 'legally valid transfer mechanisms,' and the scope of business account administrator access to employee content.

What this means for you

The agreement authorizes OpenAI to collect and use user-submitted content including prompts, files, images, audio, and video to train AI models, subject to a user opt-out available in account settings. Under these terms, Free and Go users' advertising history and interests are collected and used to personalize ads, and limited data is shared with select marketing partners for cross-context behavioral advertising, with opt-out available through account settings, the Your Privacy Choices link, or a recognized mechanism such as Global Privacy Control. You can opt out of model training data use, control ad personalization, export your ChatGPT data, delete conversations or your account, and submit data subject requests at privacy.openai.com or dsar@openai.com.

Institutional Analysis
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10 important changes detected

20 versions captured · Last updated: September 2026

What changed OpenAI updated their OpenAI Privacy Policy on September 11, 2026. Change detected: 1 sentence(s) added, 1 sentence(s) removed, 11 sentence(s) modified. Document contained 142 sentences after update.
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June 12, 2026

medium
What changed OpenAI's privacy policy was restructured on June 12, 2026, adding a table of contents and clarifying how personal data is used. The most material change is new language explicitly disclosing that Free and Go users' personal data may be received from advertisers and data partners, and that OpenAI personalizes ads and measures ad effectiveness for these users. The policy also adds explicit language stating Free and Go users can control ad personalization through account settings.
Why this matters The updated policy explicitly discloses that OpenAI receives information from advertisers and other data partners for Free and Go users, and uses this data to personalize ads and measure ad effectiveness. The policy now states that Free and Go users can control what data OpenAI uses to personalize ads through advertising controls in account settings. This represents clarified disclosure of an existing practice rather than a new authorization.
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June 8, 2026 low

OpenAI removed language identifying this as a US-specific privacy policy and collapsed a multilingual language selector into an ellipsis (…) in the document header on June 8, 2026. Previously, the …

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June 7, 2026 medium

OpenAI updated its privacy policy on June 7, 2026 to add explicit language about how it collects and uses advertising data for Free and Go users. The updated policy now …

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May 19, 2026 low

OpenAI modified two sentences in its US Privacy Policy on May 19, 2026. The document timestamp was updated from April 30, 2026 to May 18, 2026. More substantially, the opt-out …

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May 2, 2026 low

OpenAI added a new statement clarifying that sensitive data is not processed to infer characteristics about users. The policy also changed how users who are not logged in can exercise …

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May 1, 2026 medium

OpenAI updated its Privacy Policy on May 1, 2026 to add explicit language about direct marketing to users and disclosure of data sharing with marketing partners. The policy now states …

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April 22, 2026 medium

OpenAI removed language describing a separate category of marketing partners and the cookie-based data sharing practices used with those partners. The updated policy now consolidates all third-party recipients under a …

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March 10, 2026 high

OpenAI's privacy policy underwent substantial restructuring in an update detected on March 10, 2026. The policy removed multiple standalone sections including 'Disclosure of Personal Data', 'Retention', 'Data controls', 'Your rights', …

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March 6, 2026 low

OpenAI's privacy policy was updated on March 6, 2026, with changes to how it describes data uses and disclosures. The updated policy removed explicit language about receiving data from advertisers …

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Mapped Governance Frameworks

CCPA/CPRA
California, USA
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FTC Act Section 5
United States Federal
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GDPR
European Union
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UK GDPR
United Kingdom
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Archival ProvenanceSource & Archival Record
Last Captured September 11, 2026 00:01 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000010
Version ID CA-V-006586
SHA-256 8ee232ad6c110b02c18d379ad054ed5a418f8064056cc5138741afff26158d34
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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