Provision record
OpenAI · OpenAI Privacy Policy · View original document ↗

Cross-Context Behavioral Advertising Opt-Out

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Document Record

What it is

The policy states that OpenAI does not sell personal data but shares limited data with marketing partners for targeted advertising on third-party properties, characterizes this as cross-context behavioral advertising under applicable state privacy laws, and provides opt-out mechanisms through account settings, the Your Privacy Choices link, and Global Privacy Control.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision directly engages state privacy law definitions of cross-context behavioral advertising and targeted advertising sharing, provides multiple opt-out pathways including recognition of Global Privacy Control, and discloses that this practice does not apply to users known to be under 18 years of age.

Recent Activity

This document changed recently

Medium Jun 12, 2026

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 →
Medium Jun 7, 2026

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 →
Medium May 1, 2026

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 →

Clause Stability Stable

0
Changes
6
Months Monitored
Jul 17, 2026
First Seen
Jul 17, 2026
Last Seen

Change history

added Jul 17, 2026

This provision explicitly clarifies OpenAI's stance on data selling and introduces specific opt-out mechanisms for cross-context behavioral advertising, directly addressing state privacy law requirements.

View full change record →

Consumer impact (what this means for users)

The agreement discloses that data is shared with select marketing partners for targeted advertising on third-party properties, characterized as cross-context behavioral advertising under applicable state law. Users can opt out through account settings, the Your Privacy Choices link, or Global Privacy Control, and the policy states that this practice does not apply to users known to be under 18.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Log in to your OpenAI account and navigate to account settings to locate the marketing privacy control and opt out of cross-context behavioral advertising. If not logged in, go to Settings > Data Controls on ChatGPT or click the Your Privacy Choices link on the OpenAI website. Alternatively, enable Global Privacy Control in your browser.

Cross-platform context

See how other platforms handle Cross-Context Behavioral Advertising Opt-Out and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
We don't 'sell' Personal Data. Depending upon your choices, we may share limited data with select marketing partners for purposes of promoting our products and services to you on third-party properties. This is known as 'targeted advertising' or sharing for 'cross-context behavioral advertising' under certain state privacy laws. You can opt out using the marketing privacy control in your account settings. If you're not logged in, you can opt out within Settings > Data Controls on ChatGPT or using the Your Privacy Choices link on our website. You can also opt out using a legally recognized opt-out mechanism, like Global Privacy Control.

Excerpt from OpenAI's Privacy Policy

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision directly engages CCPA and CPRA opt-out requirements for cross-context behavioral advertising, enforced by the California Privacy Protection Agency.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
OpenAI Privacy Policy
Entity
OpenAI
Document last updated
May 5, 2026
Tracking information
First tracked
July 17, 2026
Last verified
July 17, 2026
Record ID
CA-P-076308
Document ID
CA-D-00010
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
fa1fc773029acbb2f7359fc6c446a060a24dfbd48cd5a4f96386e6d01097944b
Analysis generated
July 17, 2026 01:40 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Privacy Policy
Record ID: CA-P-076308
Captured: 2026-07-17 01:40:05 UTC
SHA-256: fa1fc773029acbb2…
URL: https://conductatlas.com/platform/openai/openai-privacy-policy/provision/CA-P-076308/cross-context-behavioral-advertising-opt-out/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Low
Categories

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Frequently Asked Questions

What does OpenAI's Cross-Context Behavioral Advertising Opt-Out clause do?

This provision directly engages state privacy law definitions of cross-context behavioral advertising and targeted advertising sharing, provides multiple opt-out pathways including recognition of Global Privacy Control, and discloses that this practice does not apply to users known to be under 18 years of age.

How does this clause affect you?

The agreement discloses that data is shared with select marketing partners for targeted advertising on third-party properties, characterized as cross-context behavioral advertising under applicable state law. Users can opt out through account settings, the Your Privacy Choices link, or Global Privacy Control, and the policy states that this practice does not apply to users known to be under 18.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.