The policy states that personal data is processed on servers in the United States and in countries where OpenAI's affiliates, partners, and service providers are located, and that transfers occur through 'legally valid transfer mechanisms.'
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 discloses that personal data submitted by US users may be stored and processed in multiple international jurisdictions, and that OpenAI commits to using legally valid transfer mechanisms without specifying which mechanisms apply. The scope of 'countries or territories where our affiliates and partners or our vendors and service providers are located' is not enumerated in the document.
Interpretive note: The specific transfer mechanisms and destination jurisdictions are not enumerated in this document, limiting the ability to assess compliance with applicable transfer frameworks.
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, personal data may be transferred to and stored in the United States and other countries where OpenAI's service providers and affiliates operate. The policy commits to applying its stated protections regardless of processing location and to using legally valid transfer mechanisms, without identifying the specific mechanisms or jurisdictions involved.
Cross-platform context
See how other platforms handle Cross-Border Data Transfer and similar clauses.
Compare across platforms →"OpenAI processes your Personal Data for the purposes described in this policy on servers located in various jurisdictions, including processing and storing your Personal Data in our facilities and servers in the United States, or in countries or territories where our affiliates and partners or our vendors and service providers are located. While data protection law varies by country, we apply the protections described in this policy to your Personal Data regardless of where it is processed, and only transfer that data pursuant to legally valid transfer mechanisms.Excerpt from OpenAI's Privacy Policy
(1) REGULATORY LANDSCAPE: Cross-border data transfer from EEA or UK users is governed by GDPR Chapter V and the UK GDPR, requiring either adequacy decisions, standard contractual clauses, binding corporate rules, or other recognized transfer …
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This provision discloses that personal data submitted by US users may be stored and processed in multiple international jurisdictions, and that OpenAI commits to using legally valid transfer mechanisms without specifying which mechanisms apply. The scope of 'countries or territories where our affiliates and partners or our vendors and service providers are located' is not enumerated in the document.
Under this provision, personal data may be transferred to and stored in the United States and other countries where OpenAI's service providers and affiliates operate. The policy commits to applying its stated protections regardless of processing location and to using legally valid transfer mechanisms, without identifying the specific mechanisms or jurisdictions involved.
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