The policy states that content users submit to OpenAI's services, including prompts and uploaded files, images, audio, and video, may be used to train AI models, and that users can opt out of this use through account settings.
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
This provision establishes the legal basis under which user-submitted content may become training data for OpenAI's AI models. The opt-out mechanism places the affirmative action on the user, meaning the default state is opt-in unless the user changes account settings.
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.
View change record →The updated privacy policy now explicitly states that OpenAI receives information from advertisers and other data partners, which is used to personalize ads shown to Free and Go users and to measure the effectiveness of those ads. For example, the policy notes that OpenAI could receive information about purchases users make from advertisers. The policy now includes a dedicated section on ad personalization and measurement as a primary use of personal data for these user tiers. You can manage what data OpenAI uses for ad personalization by accessing the advertising controls in your account settings or by using the Data Controls option.
View change record →The updated policy now explicitly authorizes OpenAI to promote products and services to users through direct marketing on third-party properties and to share limited information with select marketing partners (who are not service providers) to support these efforts. The policy states that some marketing partners may receive information through cookies and similar technologies. The revised terms establish that these marketing practices are subject to user choices and controls, with additional information and opt-out options available. You can make choices about the use of your information for third-party product promotion purposes through controls referenced in the policy.
View change record →Under this provision, prompts and uploaded content submitted to ChatGPT and other consumer services may be used for AI model training unless the user affirmatively opts out through account Data Controls. The policy also states that content already de-identified and disassociated from a user's account prior to a deletion request may be retained even after account deletion.
Cross-platform context
See how other platforms handle AI Model Training Use of User Content and similar clauses.
Compare across platforms →"We may use Content you provide us to improve our Services, for example to train the models that power ChatGPT. Read our instructions on how you can opt out of our use of your Content to train our models.Excerpt from OpenAI's Privacy Policy
(1) REGULATORY LANDSCAPE: This provision implicates CCPA and CPRA requirements regarding the use of personal data for purposes beyond the primary service transaction, as well as GDPR consent and purpose limitation principles for any users …
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This provision establishes the legal basis under which user-submitted content may become training data for OpenAI's AI models. The opt-out mechanism places the affirmative action on the user, meaning the default state is opt-in unless the user changes account settings.
Under this provision, prompts and uploaded content submitted to ChatGPT and other consumer services may be used for AI model training unless the user affirmatively opts out through account Data Controls. The policy also states that content already de-identified and disassociated from a user's account prior to a deletion request may be retained even after account deletion.
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