Windsurf · Windsurf Privacy Policy

Business Transfer Disclosure

Medium severity
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What it is

If Windsurf is sold, merged, or acquired, all of your personal data — including your AI prompts, code, and account information — can be transferred to the acquiring company without your consent.

Consumer impact (what this means for users)

All personal data Windsurf holds about you, including your AI coding prompts and outputs, can be transferred to a new owner if Windsurf is sold or acquired, with no opt-out right provided in this policy.

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.
  • Export Your Data
    You can request a copy of your personal data by emailing privacy@windsurf.com before any potential business transfer. This allows you to retain a copy of your information regardless of what happens to Windsurf as a company.

Cross-platform context

See how other platforms handle Business Transfer Disclosure and similar clauses.

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Why it matters (compliance & risk perspective)

A merger or acquisition could result in your data being transferred to a company with completely different privacy practices, and this policy gives you no right to prevent or opt out of that transfer.

View original clause language
Business Transfers. We may disclose or transfer any categories of Personal Information described in Section 1 above in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: GDPR Article 6 requires a valid legal basis for data transfers in M&A transactions; a change in data controller typically triggers fresh notice obligations under Article 13/14 and may require new consent where original processing was consent-based. FTC Act Section 5 and CCPA/CPRA §1798.100 require that data use remain consistent with the purposes for which it was collected. The FTC has challenged M&A data transfers that contradict prior privacy commitments (In re Toysmart.com, 2000; FTC v. Cambridge Analytica settlement, 2019). (2)

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Applicable agencies

  • FTC
    The FTC has jurisdiction over M&A data transfers that may constitute unfair or deceptive practices if data is used inconsistently with original privacy commitments under FTC Act Section 5.
    File a complaint →

Provision details

Document information
Document
Windsurf Privacy Policy
Entity
Windsurf
Document last updated
April 29, 2026
Tracking information
First tracked
April 30, 2026
Last verified
April 30, 2026
Record ID
CA-P-004021
Document ID
CA-D-00486
Evidence Provenance
Source URL
Wayback Machine
SHA-256
ca691298a1c366388f0a1f48ecc65849f0a7d07d6de5b840c646e62cf6239715
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Windsurf | Document: Windsurf Privacy Policy | Record: CA-P-004021
Captured: 2026-04-30 05:21:09 UTC | SHA-256: ca691298a1c36638…
URL: https://conductatlas.com/platform/windsurf/windsurf-privacy-policy/business-transfer-disclosure/
Accessed: May 2, 2026
Classification
Severity
Medium
Categories

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