When web search is enabled, Windsurf sends queries to Bing that may include content derived from your code or conversation. Unlike other AI providers, Windsurf has no data retention agreement with Bing, so Bing may retain this data.
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 explicitly states that no zero-data retention agreement exists with Bing, meaning data derived from user code and conversation history sent via web search queries may be retained by Microsoft's Bing service, with no contractual guarantee of deletion.
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 discloses that web search queries sent to Bing, which may include content derived from code and conversation history, are not covered by a zero-data retention agreement, distinguishing Bing from other listed inference providers. Enterprise administrators must explicitly enable this feature, but once enabled, Bing's data practices are governed by Microsoft's own terms rather than Windsurf's retention commitments.
How other platforms handle this
If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services.
to object to profiling activities based on our own legitimate interests
"Bing API (Sees text potentially derived from code data): Used for web search functionality. The search query that is sent to the Bing API to retrieve website data is derived from the user's inputs, past conversation history, and potentially code data. We do not have a zero data retention agreement with Bing, so this must be explicitly enabled by Team and Enterprise administrators.Excerpt from Windsurf's Security & Data Handling
(1) REGULATORY LANDSCAPE: This provision implicates GDPR data processor obligations, specifically the requirement that subprocessors provide sufficient guarantees regarding data protection.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Ad personalization controls removed. Contact scanning added. Advertiser data partnerships quietly dropped. A timeline of every change.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
The document explicitly states that no zero-data retention agreement exists with Bing, meaning data derived from user code and conversation history sent via web search queries may be retained by Microsoft's Bing service, with no contractual guarantee of deletion.
This provision discloses that web search queries sent to Bing, which may include content derived from code and conversation history, are not covered by a zero-data retention agreement, distinguishing Bing from other listed inference providers. Enterprise administrators must explicitly enable this feature, but once enabled, Bing's data practices are governed by Microsoft's own terms rather than Windsurf's retention commitments.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.