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
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.
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 →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 →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.
Cross-platform context
See how other platforms handle Cross-Context Behavioral Advertising Opt-Out and similar clauses.
Compare across platforms →"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
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.
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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.
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.
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