OpenAI · Privacy Policy (ROW) · View original document ↗

Disclosure to Third-Party API Operators

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Clause Stability Stable

0
Changes
3
Months Monitored
May 12, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 3350 other provisions on other platforms.

Consumer impact (what this means for users)

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

BeReal Medium

In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personal data may be transferred to a successor entity or third party as part of that transaction.

Tinder Medium

We may disclose your information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements. We may also disclose your information if we believe it...

Ledger Medium

At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
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)

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

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.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over deceptive or inadequate privacy disclosures, including whether consumers are meaningfully informed about third-party data practices.
    File a complaint →

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
UK GDPR
United Kingdom
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
Privacy Policy (ROW)
Entity
OpenAI
Document last updated
March 5, 2026
Tracking information
First tracked
March 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-011110
Document ID
CA-D-00006
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f3c083059dff1a3f26f2ce10f0072ca60f38c6921517ae6dd07e528e4bfc7ce2
Analysis generated
March 10, 2026 03:38 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: Privacy Policy (ROW)
Record ID: CA-P-011110
Captured: 2026-03-10 03:38:17 UTC
SHA-256: f3c083059dff1a3f…
URL: https://conductatlas.com/platform/openai/privacy-policy-row/disclosure-to-third-party-api-operators/
Accessed: June 28, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

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Frequently Asked Questions

What does OpenAI's Disclosure to Third-Party API Operators clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.