Individual plan users are subject to data retention by default, meaning code snippets and usage data may be stored unless the user actively enables zero-data retention mode via their profile page. Teams and Enterprise plans receive zero-data retention as a default.
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 a materially different default data protection posture for individual users compared to organizational plan users, requiring individual users to take an affirmative opt-in action to prevent retention of code snippets and interaction data. Compliance teams assessing GDPR or CCPA obligations for individual developer users should evaluate whether this opt-in structure satisfies applicable data minimization and consent requirements.
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 these terms, individual users' code snippets and user trajectories may be retained and accessible to internal analytics tools unless zero-data retention mode is explicitly enabled from the profile page. Teams and Enterprise plan users receive zero-data retention protection without needing to take action.
How other platforms handle this
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"For any teams or enterprise plans, all inputs and outputs to these requests follow zero-data retention policies by default. For any individual plan, users can opt-in to zero-data retention mode from their profile page. A large fraction of individual users have zero-data retention mode enabled.Excerpt from Windsurf's Security & Data Handling
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This provision establishes a materially different default data protection posture for individual users compared to organizational plan users, requiring individual users to take an affirmative opt-in action to prevent retention of code snippets and interaction data. Compliance teams assessing GDPR or CCPA obligations for individual developer users should evaluate whether this opt-in structure satisfies applicable data minimization and consent requirements.
Under these terms, individual users' code snippets and user trajectories may be retained and accessible to internal analytics tools unless zero-data retention mode is explicitly enabled from the profile page. Teams and Enterprise plan users receive zero-data retention protection without needing to take action.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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