Windsurf may send your data to AI model providers such as OpenAI, Anthropic, or Google Vertex even if you have not selected those providers, for internal tasks like summarizing your conversation.
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
The document states that data may be routed to third-party AI inference providers regardless of which model the user has explicitly chosen, which means users may not have full visibility into which providers receive their code or conversation data.
Interpretive note: The scope of 'other tasks' beyond the cited summarization example is not exhaustively defined in the document, creating ambiguity about the full range of circumstances under which independent provider routing may occur.
The updated terms establish a default policy permitting Windsurf to use customer data for model training purposes to improve services. Previously, the company required explicit opt-in before any training use. Under the revised policy, data training occurs automatically for free and paid users unless they affirmatively opt out through the Data Controls settings page. Once disabled, the terms state your data will not be used for training and Zero Data Retention will be enabled with model providers. Enterprise customers operate under a different standard, requiring express prior written consent before any training use occurs.
View change record →The updated document establishes explicit commitments about how Windsurf protects data and manages security. The terms state that all data transmission is encrypted in transit and at rest, that access to production systems is restricted to a small number of employees or contractors based on business roles, and that production systems are monitored via logging, error handling, and monitoring dashboards. The document discloses that Windsurf obtained SOC 2 Type II certification as of March 2024 and that all employees and contractors are required to use multi-factor authentication and receive annual security training. These disclosures describe organizational practices rather than establishing new user-facing rights or obligations.
View change record →This provision authorizes Windsurf to route code and conversation data to AI model providers including OpenAI, Anthropic, and Google Vertex for tasks such as summarization, independent of the user's own model selection. Users who have preferences about which providers receive their data should be aware that model selection controls may not fully restrict provider access.
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"We may leverage OpenAI models independent of user selection for processing other tasks (e.g. for summarization). We may leverage Anthropic models independent of user selection for processing other tasks (e.g. for summarization). We may leverage these models independent of user selection for processing other tasks (e.g. for summarization).Excerpt from Windsurf's Security & Data Handling
(1) REGULATORY LANDSCAPE: This provision implicates GDPR transparency and data subject information requirements, specifically the obligation to identify third-party recipients of personal data.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The document states that data may be routed to third-party AI inference providers regardless of which model the user has explicitly chosen, which means users may not have full visibility into which providers receive their code or conversation data.
This provision authorizes Windsurf to route code and conversation data to AI model providers including OpenAI, Anthropic, and Google Vertex for tasks such as summarization, independent of the user's own model selection. Users who have preferences about which providers receive their data should be aware that model selection controls may not fully restrict provider access.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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