What can I do about this clause?

{'method': 'WEB_FORM', 'recipient': 'https://privacy.openai.com', 'difficulty': 'MODERATE', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Visit privacy.openai.com to submit a request to opt out of the sale or sharing of your personal information with third-party advertising platforms, as required under CCPA/CPRA.', 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has jurisdiction over undisclosed or deceptive third-party tracking practices under FTC Act Section 5, and has issued guidance on advertising pixel use and consumer disclosure obligations.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': 'California AG and CPPA enforce CPRA opt-out rights for cross-context behavioral advertising sharing with Meta, Google, and other ad platforms.', 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this Third-Party Advertising Tracker Embedding clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Third-Party Advertising Tracker Embedding — OpenAI

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What it is

OpenAI allows advertising companies including Meta, Google, LinkedIn, Reddit, and Bing to place tracking code on its website, which can follow your activity and report it back to those companies for advertising purposes.

Consumer impact (what this means for users)

Your browsing activity on OpenAI's website — including visits to the privacy policy, product pages, and possibly authenticated areas — is shared with Meta, Google, LinkedIn, Reddit, and Bing through embedded advertising pixels, potentially constituting 'sharing' of personal information under CCPA/CPRA.

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

Visit privacy.openai.com to submit a request to opt out of the sale or sharing of your personal information with third-party advertising platforms, as required under CCPA/CPRA.

Cross-platform context

See how other platforms handle Third-Party Advertising Tracker Embedding and similar clauses.

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Why it matters (compliance & risk perspective)

Even when you visit OpenAI's privacy policy page, tracking scripts from Meta and LinkedIn are actively running, meaning your browsing behavior is being shared with major advertising platforms without explicit notice at the point of tracking.

View original clause language

We use analytics and advertising services to understand how users engage with our Services and to market our Services. These third parties may use cookies, web beacons, and similar tracking technologies to collect information about your use of the Services and other websites.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision implicates CCPA/CPRA Cal. Civ. Code §1798.120 and §1798.140(ah) which define 'sharing' broadly to include cross-context behavioral advertising; FTC Act Section 5 for inadequate disclosure of third-party tracking; the EU ePrivacy Directive 2002/58/EC (Cookie Directive) for EU-accessible pages; and state consumer protection statutes. The California Privacy Protection Agency, FTC, and relevant EU data protection authorities have enforcement jurisdiction. (2)

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Applicable agencies

FTC

The FTC has jurisdiction over undisclosed or deceptive third-party tracking practices under FTC Act Section 5, and has issued guidance on advertising pixel use and consumer disclosure obligations.
File a complaint →
State AG

California AG and CPPA enforce CPRA opt-out rights for cross-context behavioral advertising sharing with Meta, Google, and other ad platforms.
File a complaint →

Provision details

Document information

Document

OpenAI Privacy Policy

Entity

OpenAI

Document last updated

March 24, 2026

Tracking information

First tracked

April 27, 2026

Last verified

April 27, 2026

Record ID

CA-P-003157

Document ID

CA-D-00010

Evidence Provenance

Source URL

https://openai.com/policies/privacy-policy

Wayback Machine

View archived versions →

SHA-256

8d0fc75b2591d6a033bfeb50a1e7b57bb62cb682a52fcbbd714621617a7525af

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: OpenAI | Document: OpenAI Privacy Policy | Record: CA-P-003157
Captured: 2026-04-27 09:30:04 UTC | SHA-256: 8d0fc75b2591d6a0…
URL: https://conductatlas.com/platform/openai/openai-privacy-policy/third-party-advertising-tracker-embedding/
Accessed: April 29, 2026

Classification

Severity

High

Third-Party Advertising Tracker Embedding