Windsurf · Windsurf Privacy Policy · View original document ↗

Dual Controller/Processor Role Disclaimer

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This analysis describes what Windsurf'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 dual-role structure creates different regulatory and contractual frameworks depending on the processing context. When Windsurf acts as a processor, responsibility for data protection practices and policy compliance transfers to the customer organization rather than remaining with Windsurf, which affects which entity's privacy obligations apply.

Consumer impact (what this means for users)

Users whose data is processed under a processor relationship (such as through an employer customer) are subject to the data controller customer's privacy policies rather than Windsurf's Privacy Policy. Windsurf disclaims responsibility for the privacy and data security practices of its customer organizations in these circumstances.

How other platforms handle this

Grammarly Medium

THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...

Replit Medium

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REPLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED...

Replicate Medium

Marketplace Models are not provided by Replicate and Replicate does not control and has no liability for any Marketplace Models, including their security, functionality, operation, availability, or interoperability with the Services or how the Marketplace Models use your Content. Use of any Marketpl...

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▸ View Original Clause Language DOCUMENT RECORD
"
We are a data controller with respect to data collected and otherwise processed in connection with our Website and Services. However, in certain circumstances we may agree to process information in the role of a processor or service provider on behalf of our customers (for example, on behalf of your employer). When we act as a processor, this Privacy Policy will not apply to that information, as our customers are the data controllers and their privacy policies will apply to the processing of your personal information. We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Privacy Policy.

— Excerpt from Windsurf's Windsurf Privacy Policy

Applicable regulations

EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal

Provision details

Document information
Document
Windsurf Privacy Policy
Entity
Windsurf
Document last updated
May 5, 2026
Tracking information
First tracked
April 30, 2026
Last verified
May 12, 2026
Record ID
CA-P-004018
Document ID
CA-D-00486
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ca691298a1c366388f0a1f48ecc65849f0a7d07d6de5b840c646e62cf6239715
Analysis generated
April 30, 2026 05:21 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Windsurf
Document: Windsurf Privacy Policy
Record ID: CA-P-004018
Captured: 2026-04-30 05:21:09 UTC
SHA-256: ca691298a1c36638…
URL: https://conductatlas.com/platform/windsurf/windsurf-privacy-policy/dual-controllerprocessor-role-disclaimer/
Accessed: June 17, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Windsurf's Dual Controller/Processor Role Disclaimer clause do?

This dual-role structure creates different regulatory and contractual frameworks depending on the processing context. When Windsurf acts as a processor, responsibility for data protection practices and policy compliance transfers to the customer organization rather than remaining with Windsurf, which affects which entity's privacy obligations apply.

How does this clause affect you?

Users whose data is processed under a processor relationship (such as through an employer customer) are subject to the data controller customer's privacy policies rather than Windsurf's Privacy Policy. Windsurf disclaims responsibility for the privacy and data security practices of its customer organizations in these circumstances.

Is ConductAtlas affiliated with Windsurf?

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