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Freedom251 › Blog › AI Privacy

What to Look for in an AI Service’s Safety and Privacy Terms

By Freedom251 Team · · 6 min read

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Before entering information into an AI chatbot, check the terms and privacy policy for the exact service, plan, account type, region, and feature you will use. Follow the data from collection through use, review, sharing, retention, and deletion; then check security commitments and the rights you grant. A promise not to train on your content does not by itself rule out logging, safety review, service-provider processing, or disclosure where required by law.

Start with the exact product and account

Do not assume that terms for a business subscription, API, education product, or cloud platform also apply to a consumer chatbot from the same provider. Record the product and feature, plan, account type, region, and review date. Read any product-specific addenda and policies incorporated into the terms.

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This scope matters because providers can make different commitments for different products. For example, OpenAI says data from specified business products and its API platform is not used to train models by default; that does not establish the same rule for every OpenAI service. Check the current terms for your actual product and region.

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The Federal Trade Commission says companies should clearly disclose material data uses and honor their privacy and confidentiality commitments. Its January 2024 guidance states: “There is no AI exemption from the laws on the books.” FTC guidance on AI privacy and confidentiality commitments.

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Map what the service collects, why, and with whom it shares it

Make a short inventory of the information the service handles. Terms and privacy policies may cover more than what you type into a prompt:

  • Account and contact details
  • Prompts, uploaded files, and generated outputs
  • Feedback you submit
  • Usage information and technical logs

For each category, identify the purposes listed by the provider. Separate using data to operate the service from using it to improve or develop products, personalize responses, analyze usage, provide support, detect abuse, conduct safety reviews, or meet legal obligations. Words such as “improve,” “develop,” and “personalize” may describe uses beyond model training.

Check who may receive or process the data. Disclosures can cover hosting, support, safety, or analytics providers, as well as legal requests, fraud prevention, safety issues, or business transfers. A statement that information is confidential does not necessarily mean that no service provider will process it. The FTC cautions that a material omission about how information is collected or used can be significant, not just an explicit false promise.

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Distinguish model training from other processing

Look for whether prompts, uploads, outputs, feedback, or derived information may be used to train or improve models. Then check whether the rule is a default or an available choice, whether an opt-out or opt-in is required, and whether the control covers every feature you use. A training opt-out answers only the training question: it does not automatically turn off service logs, automated safety checks, human review, support processing, or legal disclosures.

Compare the wording for your particular plan rather than relying on a provider-wide summary. OpenAI’s privacy policy describes uses that can include improving services and points to opt-out instructions, while its business documentation describes a different training default for specified products. The applicable terms and policy for your account determine the scope.

Find out what is retained and what deletion actually removes

Look for retention periods, or at least a clear retention policy, for prompts, outputs, uploaded files, logs, safety or abuse records, deleted content, and backups. Check exceptions and when deletion takes effect. A “delete” control may remove visible conversation history without necessarily addressing every underlying record or backup; the terms should explain what happens to each category.

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If a provider offers zero data retention, verify eligibility and scope: which organization, service, endpoint, and features qualify, and whether the setting covers the data you plan to submit. NIST’s generative AI risk profile identifies retention policies as a relevant risk-management practice. NIST AI 600-1, Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile (2024).

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Product-specific documentation illustrates why retention and training must be assessed separately. Google Cloud documentation for its Gemini Enterprise Agent Platform describes restrictions on training with customer data absent prior permission or instruction, and also describes prompt logging for abuse monitoring in that documented context. Neither statement should be generalized to other Google products or features. Google Cloud documentation on Gemini Enterprise Agent Platform and zero data retention.

Check automated scans and human review

Terms may allow automated systems to scan prompts or outputs for safety, security, or abuse prevention. They may also permit people to review content—for example, after a safety trigger or support request. Look for what causes a review, which employees or contractors can access the material, what safeguards restrict access, and how reviewed content is retained.

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These controls are distinct from training. A provider can exclude content from model training while still processing it to operate the service or investigate abuse. NIST recommends documenting human-oversight roles and relevant system information.

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Look for specific security and incident commitments

Prefer terms or product documentation that identify concrete protections over broad assurances that a service is “secure.” Depending on your risk, check for:

Special offer. See more information about Outbyte and uninstall instructions. Please review EULA and Privacy policy.
  • Encryption in transit and at rest
  • Access controls, logging, and monitoring
  • Vulnerability management and security testing
  • Controls for service providers and other third parties
  • Incident-response procedures and breach-notification commitments
  • Independent audit or assurance evidence

Note whether each statement is a contractual commitment, a description of current practices, or a general marketing claim. Confirm that any stated control applies to the product and data in question. OpenAI’s business privacy documentation, for example, makes specific encryption claims for covered business services, while its data processing addendum describes measures and incident-response commitments for covered customer data. Those claims do not establish that every OpenAI product has identical protections. OpenAI business data privacy, security, and compliance and OpenAI Data Processing Addendum.

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Review licenses and decide whether your data belongs there

Ownership language is only part of the picture. Read the license granted to the provider to host, process, operate, or improve the service using your inputs, uploads, outputs, and feedback. Check whether separate terms apply to feedback or generated content, and whether third-party material raises additional rights issues.

For personal, privileged, proprietary, regulated, or otherwise sensitive information, general privacy language alone is not enough to establish that a service is suitable. Confirm the provider’s contractual and technical commitments and check your organization’s rules before use. NIST identifies special rights and considerations for personal, privileged, proprietary, sensitive, and licensed data. The Office of the Privacy Commissioner of Canada also highlights retention and the need to understand accuracy and security risks when using generative AI. Canadian privacy commissioner principles for responsible, trustworthy, and privacy-protective generative AI.

Institutional approval can be a separate requirement from a provider’s terms. For example, U.S. Department of State guidance addresses official use by Department personnel; it is not a rule for every organization or individual. U.S. Department of State 20 FAM 302.2.

Special offer. See more information about Outbyte and uninstall instructions. Please review EULA and Privacy policy.

Use the same checklist when comparing services

For a fair comparison, check each service against the same questions and keep business, consumer, and API offerings separate:

  1. Is model training or improvement allowed, and what user controls apply?
  2. What is retained, for how long, and what does deletion cover?
  3. Can automated systems or people review content, and under what conditions?
  4. Which service providers or other recipients can access data, and for what purposes?
  5. What concrete security and incident-response commitments apply?
  6. What rights does the provider receive in inputs, outputs, and feedback?
  7. Are the relevant promises in enforceable terms, and do they cover this product and feature?
  8. Does the service fit your jurisdiction, data sensitivity, and organizational policy?

Provider practices, controls, and terms can change, and laws vary by jurisdiction. For regulated or high-risk data, assess the current contract and technical scope with qualified privacy, security, or legal advisers rather than treating a general policy statement as approval.

Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.

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