Tabnine may process your data based on its own business interests, such as improving its product and running marketing, as long as it determines those interests do not outweigh your privacy rights.
This analysis describes what Tabnine'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 clause establishes legitimate interests as a lawful basis for data processing under GDPR and similar frameworks, permitting data use for operational and business purposes without explicit consent. The provision requires the entity to have conducted a balancing assessment between its processing interests and user rights, though the clause does not specify the details or transparency of that assessment.
Interpretive note: The specific activities covered under the legitimate interests basis and the outcomes of Tabnine's balancing tests are not detailed in the public policy, creating interpretive ambiguity about the scope of consent-free processing.
The updated privacy policy no longer includes explicit language stating that Tabnine respects user privacy and the user's right to control how personal data is collected, used, and shared. This language removal does not necessarily change what data practices are authorized under other sections of the policy, but it does remove an aspirational commitment that was previously stated. The policy may continue to describe specific data practices, collection methods, and user controls elsewhere, but readers will no longer see this opening commitment to privacy and user control.
View change record →Processing of personal data for product improvement, analytics, and marketing communications is authorized under the legitimate interests basis without requiring user consent; EU and UK users can object to this processing by contacting privacy@tabnine.com.
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"We may process your personal data on the basis of our legitimate interests, including to improve and develop our products and services, to prevent fraud and ensure the security of our platform, to conduct marketing and analytics activities, and to communicate with you about our services. Where we rely on legitimate interests, we have assessed that our interests are not overridden by your rights and interests.— Excerpt from Tabnine's Tabnine Privacy Policy
1) REGULATORY LANDSCAPE: GDPR Article 6(1)(f) permits processing on the basis of legitimate interests following a documented balancing test. The use of legitimate interests for marketing and analytics activities has been scrutinized by EU supervisory authorities, and some regulators have found that legitimate interests cannot substitute for consent in direct marketing contexts under ePrivacy rules. The UK ICO has published guidance on legitimate interests balancing tests. 2) GOVERNANCE EXPOSURE: Medium. The policy asserts that a legitimate interests assessment has been conducted but does not publish the assessment or its conclusions. This may be scrutinized by EU supervisory authorities if the processing is challenged by a data subject exercising their Article 21 objection right. 3) JURISDICTION FLAGS: EU/EEA users have an unconditional right to object to processing based on legitimate interests for direct marketing purposes under GDPR Article 21(2). Other legitimate interests processing is subject to a balance of interests objection. UK users have equivalent rights under UK GDPR. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise data processing agreements should specify the lawful basis for each category of processing Tabnine conducts as a processor on behalf of the enterprise customer, which may differ from the bases used for Tabnine's own controller processing. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should request Tabnine's legitimate interests assessment documentation as part of due diligence, particularly for processing of code snippet data and behavioral analytics. The assessment should document the specific interests pursued, the necessity of the processing, and the balancing test outcome.
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This clause establishes legitimate interests as a lawful basis for data processing under GDPR and similar frameworks, permitting data use for operational and business purposes without explicit consent. The provision requires the entity to have conducted a balancing assessment between its processing interests and user rights, though the clause does not specify the details or transparency of that assessment.
Processing of personal data for product improvement, analytics, and marketing communications is authorized under the legitimate interests basis without requiring user consent; EU and UK users can object to this processing by contacting privacy@tabnine.com.
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