OpenAI keeps your personal data for as long as needed to run its services and meet legal requirements, with no fixed deletion timeline specified in the policy.
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 clause authorizes data retention across multiple operational categories (service provision, legal obligations, dispute resolution, contract enforcement) without specifying fixed retention timelines, establishing a principle-based rather than time-bound retention framework.
Interpretive note: The policy does not specify retention periods or maximum timeframes, making it difficult to assess compliance with GDPR storage limitation requirements without additional operational documentation.
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 →Your personal data including conversation history may be retained indefinitely under the 'legitimate business purposes' standard unless you actively request deletion through OpenAI's Privacy Portal.
How other platforms handle this
Affirm will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.
We collect and keep personal data only as needed or allowed for the purposes set out in this Statement, based on the reason we collected the personal data in the first instance and what is permitted under the laws that apply to the processing.
Mistral AI shall retain the Customer Exportable Data and Assets for a period of thirty (30) days from the earlier between (a) the expiration of the Transitional Period or (b) Customer's notification under Section 2.2.2 (b) of these Additional Terms.
"We retain your Personal Data for as long as necessary to provide you with our services or for other legitimate business purposes, such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Retention periods will vary depending on the type of data and the purpose for which it was collected.Excerpt from OpenAI's Privacy Policy
(1) REGULATORY LANDSCAPE: GDPR Article 5(1)(e) requires that personal data be kept in a form that permits identification of data subjects for no longer than necessary (storage limitation principle).
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The clause authorizes data retention across multiple operational categories (service provision, legal obligations, dispute resolution, contract enforcement) without specifying fixed retention timelines, establishing a principle-based rather than time-bound retention framework.
Your personal data including conversation history may be retained indefinitely under the 'legitimate business purposes' standard unless you actively request deletion through OpenAI's Privacy Portal.
ConductAtlas has identified this type of provision across 275 platforms. See the full comparison.
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