The policy authorizes OpenAI to use content submitted by users, including prompts and uploaded files, to train the AI models that power ChatGPT and other services, subject to an opt-out that users can exercise 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 that user content submitted during normal use of ChatGPT is available for AI model training by default. The policy notes that content already de-identified and disassociated from an account prior to a deletion request may not be removed from training datasets, which is a material limitation on the practical scope of the deletion right in this context.
Interpretive note: The practical scope of the opt-out (specifically which content is excluded and whether previously processed content is affected) is not fully specified in the document, and the enforceability of the de-identification carve-out under various state privacy laws may vary.
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 clause, prompts and other content submitted to ChatGPT are used to train OpenAI's models unless the user actively opts out. The agreement specifies that content already de-identified before a deletion request is made may remain in training data even after the account deletion is processed.
How other platforms handle this
This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content.
You are responsible for any content, data, or instructions submitted to the Services via any Automated System. Instacart's license to use user content...includes content submitted by or through Automated Systems...
If you use a feature of our Services that is integrated with, facilitated by, or otherwise assisted by artificial intelligence...your inputs are "User Content" and the outputs of that service are "Chegg Content"...
"As noted above, 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 engages CCPA and CPRA (California), which govern use of personal information for purposes beyond the primary transaction and may require disclosure and opt-out rights for secondary uses.
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This provision establishes that user content submitted during normal use of ChatGPT is available for AI model training by default. The policy notes that content already de-identified and disassociated from an account prior to a deletion request may not be removed from training datasets, which is a material limitation on the practical scope of the deletion right in this context.
Under this clause, prompts and other content submitted to ChatGPT are used to train OpenAI's models unless the user actively opts out. The agreement specifies that content already de-identified before a deletion request is made may remain in training data even after the account deletion is processed.
ConductAtlas has identified this type of provision across 217 platforms. See the full comparison.
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