OpenAI states it may use conversations and content you submit on free tiers to train its AI models, but you can turn this off in account settings. Paid tiers and API usage are excluded from training use by default.
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 determines whether the content of your interactions, including text prompts, uploaded files, and feedback, may be incorporated into future AI model development, which has implications for confidentiality of the information you share.
For users on free tiers, the policy states that submitted content including prompts and files may be used for AI training unless the user opts out via the Data Controls setting in their account. Paid subscribers and API users are excluded from training use by default under the terms as stated.
How other platforms handle this
We may use the content you provide to us, including prompts and generated images, to train and improve our AI models and services.
We may leverage OpenAI models independent of user selection for processing other tasks (e.g. for summarization). We may leverage Anthropic models independent of user selection for processing other tasks (e.g. for summarization). We may leverage these models independent of user selection for processi...
When you use AI features of the Services, you acknowledge that your inputs may be processed by third-party AI providers. ClickUp may use anonymized and aggregated data derived from your use of the Services to improve and train AI models and features.
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"We may use the content you provide us (like your prompts, files, or feedback) and the content in the outputs we generate for you to train, evaluate, or improve our AI models and services. We won't use content from the API or content from paid consumer tiers (like ChatGPT Plus) or Team plans for training by default. You can also opt out of your content being used for training by visiting your account settings and clicking 'Data Controls'.— Excerpt from OpenAI's Privacy Policy (ROW)
REGULATORY LANDSCAPE: This provision engages GDPR Article 6 lawful basis requirements and Article 9 where sensitive data categories may be present in user-submitted content; the EEA-specific policy governs for those users and may require a distinct lawful basis such as legitimate interests or consent. Under CCPA and various U.S. state privacy statutes, the opt-out model for processing personal information for purposes beyond the primary service relationship may require specific disclosure and opt-out mechanisms; enforcement authorities include the FTC and relevant state attorneys general. GOVERNANCE EXPOSURE: Medium. The opt-out rather than opt-in model for AI training on free-tier content is a materially distinct operational choice that may require evaluation under jurisdiction-specific consent frameworks. The provision does not specify which data categories are excluded from training use, which may complicate compliance assessments where users submit sensitive, confidential, or legally privileged content. JURISDICTION FLAGS: EEA and UK users are directed to a separate policy where GDPR lawful basis requirements apply; organizations deploying OpenAI in those regions should confirm the applicable legal basis. California residents retain the right to opt out under CPRA. Illinois, Texas, and other states with biometric or sensitive data statutes may create heightened exposure if users submit data falling within those categories. CONTRACT AND VENDOR IMPLICATIONS: Enterprise and API customers should confirm that their usage tier is correctly classified as excluded from training by default and review any applicable DPA terms. Procurement teams assessing OpenAI as a vendor for processing employee or customer data should document the training exclusion applicable to their tier and obtain written confirmation where contractually required. COMPLIANCE CONSIDERATIONS: Compliance teams should audit the data flows from free-tier users to confirm opt-out mechanisms are surfaced adequately under applicable disclosure requirements. Organizations deploying ChatGPT for internal use should review whether the relevant tier excludes training and update their internal data use policies and employee notices accordingly.
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How 10 AI platforms describe the use of user data for model training, improvement, and development, based on archived governance provisions.
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This provision determines whether the content of your interactions, including text prompts, uploaded files, and feedback, may be incorporated into future AI model development, which has implications for confidentiality of the information you share.
For users on free tiers, the policy states that submitted content including prompts and files may be used for AI training unless the user opts out via the Data Controls setting in their account. Paid subscribers and API users are excluded from training use by default under the terms as stated.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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