When you use an app built on OpenAI's technology by another company, that company has its own privacy rules and OpenAI is not responsible for how they handle your data.
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 establishes that a significant category of OpenAI-powered interactions, those occurring through third-party API applications, falls outside the protections described in this policy, and users must separately evaluate each operator's privacy practices.
Users interacting with third-party applications built on OpenAI's API may not receive the same data protections described in this policy, as the policy states that third-party operators govern their own data practices and OpenAI bears no responsibility for those practices.
How other platforms handle this
Your use of third-party APIs available through the RapidAPI platform is subject to the applicable API provider's terms of service, and you agree to comply with such terms. RapidAPI is not responsible for any third-party APIs or their terms.
Even if you use your API key, your requests will still go through our backend! That's where we do our final prompt building.
When you use third-party apps or services built on our platform (such as apps available in the Shopify App Store), those third parties may access personal information about you. We require that app developers comply with our privacy and security standards, but we are not responsible for the privacy ...
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"When you use an application built by a third-party that uses our API, that third-party operator may collect your personal data and have their own privacy policies that govern how they use it. OpenAI is not responsible for the privacy practices of these third-party operators. We recommend reviewing the privacy policy of any third-party application you use.— Excerpt from OpenAI's Privacy Policy (ROW)
REGULATORY LANDSCAPE: This provision engages GDPR concepts of controller and processor distinctions; where a third-party API operator qualifies as an independent controller, OpenAI's liability for downstream processing is limited. Under CCPA, the business-to-business nature of API relationships may affect which entity bears disclosure obligations to end users. The FTC may scrutinize whether the policy's disclaimer adequately discloses the consumer risk created by this arrangement. GOVERNANCE EXPOSURE: Medium. Organizations deploying third-party OpenAI-powered applications on behalf of customers or employees should assess whether those operators' privacy policies satisfy applicable legal standards and whether appropriate data processing agreements are in place. JURISDICTION FLAGS: EEA deployments require clear identification of the data controller; where a third-party operator collects personal data from EEA users, that operator must independently satisfy GDPR requirements. California CPRA requires businesses to disclose third parties to whom personal data is disclosed. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams evaluating third-party applications built on OpenAI's API should conduct independent privacy reviews of those operators, as OpenAI's DPA and privacy protections do not automatically extend to those downstream entities. Liability allocation in enterprise contracts should account for this gap. COMPLIANCE CONSIDERATIONS: Legal teams should include third-party API operator data practices in their vendor risk assessments. Where such applications are deployed for employee use, internal privacy notices should be updated to reflect the distinct data governance of those operators.
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This provision establishes that a significant category of OpenAI-powered interactions, those occurring through third-party API applications, falls outside the protections described in this policy, and users must separately evaluate each operator's privacy practices.
Users interacting with third-party applications built on OpenAI's API may not receive the same data protections described in this policy, as the policy states that third-party operators govern their own data practices and OpenAI bears no responsibility for those practices.
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