The Bing API receives query data derived from user inputs, conversation history, and potentially code data as part of web search functionality. Unlike other inference providers, Windsurf does not have a zero-data retention agreement with Bing, and this integration must be explicitly enabled by Team or Enterprise administrators.
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 identifies a specific subprocessor relationship where code-derived data is transmitted to a third party without the zero-data retention agreement that applies to other inference providers. Enterprise compliance teams should assess the Bing API data flow against their data classification policies and third-party risk frameworks before enabling this feature.
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 →Under this clause, enabling the Bing API web search feature results in transmission of code-derived query data to Microsoft's Bing API without a zero-data retention guarantee, distinguishing this integration from other inference providers disclosed in the policy. The integration is disabled by default and requires explicit administrator enablement on Teams and Enterprise plans.
How other platforms handle this
we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services...
Whenever we transfer personal data internationally, we use tools and transfer agreements to: make sure the data transfer complies with applicable law; and help to give your data the same level of protection as it has in the EU...
disclosure is required by a third-party to complete a transaction initiated by the user
"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
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This provision identifies a specific subprocessor relationship where code-derived data is transmitted to a third party without the zero-data retention agreement that applies to other inference providers. Enterprise compliance teams should assess the Bing API data flow against their data classification policies and third-party risk frameworks before enabling this feature.
Under this clause, enabling the Bing API web search feature results in transmission of code-derived query data to Microsoft's Bing API without a zero-data retention guarantee, distinguishing this integration from other inference providers disclosed in the policy. The integration is disabled by default and requires explicit administrator enablement on Teams and Enterprise plans.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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