Windsurf collects and retains the text you type into its AI tool and the responses the AI generates; the policy acknowledges this content may qualify as personal information depending on how it is linked to your account.
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
This provision establishes that user-submitted Prompts and AI-generated Outputs are collected and retained, and that they may constitute personal information, which has implications for data subject rights, retention, and the AI training use also described in the policy.
Interpretive note: The conditional framing ('depending on how it is associated with your account') creates ambiguity about when Prompts and Outputs are treated as personal information subject to data subject rights.
The policy states that all text entered as prompts and all AI-generated outputs are collected and retained, and may qualify as personal information; users who enter sensitive, personal, or proprietary content into Windsurf should be aware that this content is subject to the full scope of the policy's data use provisions including AI training.
How other platforms handle this
As between you and Anthropic, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs.
After registration, you may create, upload or transmit files, documents, videos, images, data or information as part of your use of the Service (collectively, "User Content"). This includes any inputs you provide to our AI-powered support tools and outputs generated in response to your inputs. User ...
We use your personal data to develop, train, and improve our artificial intelligence and machine learning models. This includes using your transaction data, behavioral data, and interaction data to enhance our fraud detection, credit assessment, and personalization capabilities. We take steps to pro...
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"Our Services allow you to submit text to the Services ("Prompts"), which generate responses based on your Prompts ("Outputs"). We will collect any information you choose to provide in your Prompts and this information may be reproduced in the Outputs. Prompts and Outputs may constitute or contain Personal Information, depending on how it is associated with your account and other information we maintain about you.— Excerpt from Windsurf's Windsurf Privacy Policy
REGULATORY LANDSCAPE: The characterization of Prompts and Outputs as potential personal information engages GDPR Article 4 definitions, CCPA Section 1798.140 definitions, and equivalent definitions under other state comprehensive privacy laws. The conditional framing ('may constitute or contain Personal Information, depending on how it is associated') creates ambiguity about when these data categories are subject to data subject rights and deletion obligations. GOVERNANCE EXPOSURE: Medium. The conditional qualification on whether Prompts and Outputs constitute personal information may create inconsistent application of data subject rights requests. If a user requests deletion of their data, the question of whether their Prompts and Outputs are treated as personal information (and therefore subject to the deletion request) may depend on internal data linkage practices not disclosed in the policy. JURISDICTION FLAGS: California residents with rights to deletion and opt-out of certain processing under CPRA should note the conditional framing. EEA and UK users' rights of access, erasure, and portability under GDPR may apply to Prompts and Outputs where they are linked to identifiable accounts. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should confirm in their DPA how Windsurf treats Prompts and Outputs in response to data subject access and deletion requests, and whether the conditional personal information framing affects the scope of processor obligations. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the conditional personal information classification is consistent with applicable law definitions, which may treat linked account data as personal information regardless of how the company chooses to classify it. Deletion request workflows should be reviewed to ensure Prompts and Outputs are addressed.
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This provision establishes that user-submitted Prompts and AI-generated Outputs are collected and retained, and that they may constitute personal information, which has implications for data subject rights, retention, and the AI training use also described in the policy.
The policy states that all text entered as prompts and all AI-generated outputs are collected and retained, and may qualify as personal information; users who enter sensitive, personal, or proprietary content into Windsurf should be aware that this content is subject to the full scope of the policy's data use provisions including AI training.
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