Monitored company
Optimizely
clause.watch tracks 2 legal documents published by Optimizely, re-reading each one every six hours. Below is what each document covers, in plain English.
privacy notice
Privacy Notice Overview
1. Data Collection & Usage
Optimizely acts as a data controller for information it collects for its own purposes. It may collect:
- Contact and account data: name, email, address, phone number, username, password, profile photo.
- Business information: employer, job title, industry, department, company details, relationship and transaction history.
- Payment information: payment and transaction details, although payment processors generally handle full card details and Optimizely may receive only the last four digits and transaction data.
- Technical and usage data: IP address, browser and device information, operating system, timestamps, referring URLs, pages viewed, clicks, log-ins, product usage, errors, and approximate location.
- Event and communications data: registrations, polls, surveys, webinar participation, content submitted, and—where notified and legally permitted—audio or video recordings of calls or events.
- Compliance information: identification details, date of birth, geolocation, credentials, litigation information, and sanctions/export-control data where legally required.
- Sensitive information: dietary preferences or disability information for events, collected only where necessary and generally based on consent.
- Third-party information: data from employers, partners, social networks, information brokers, public sources, and service providers.
Uses include providing and supporting services, managing accounts and contracts, payment processing, security and fraud prevention, legal and regulatory compliance, product development, analytics, user profiling, personalization, recruiting, surveys, marketing, advertising, and business administration.
Retention periods are not fixed. Data may be kept for the duration of a relationship, legally required periods, legitimate business purposes, product development, or as needed for legal claims.
Important scope limitation: when Optimizely processes customer data on a customer’s instructions, Optimizely is a data processor, and this notice does not apply. Users should consult the relevant Optimizely customer’s privacy notice.
2. User Rights
Depending on location, users may have rights to:
- Access or obtain a copy of their data.
- Correct inaccurate or incomplete data.
- Delete data, subject to legal and operational exceptions.
- Restrict processing.
- Receive portable data in some circumstances.
- Withdraw consent.
- Object to processing based on legitimate interests.
- Opt out of marketing, targeted advertising, and—where applicable—sale or sharing of data.
- Appeal a denied privacy request in certain U.S. states.
- Complain to a relevant data protection authority.
Requests may be sent to privacy@optimizely.com, the support portal, or the applicable privacy-rights form. Optimizely may verify identity, request additional information, and reject requests that are excessive, fraudulent, unfounded, or not legally required.
3. Third-Party Sharing
Data may be shared with:
- Other Optimizely Group entities.
- Hosting, storage, analytics, payment, communications, support, marketing, and technology providers.
- Business and marketing partners, including co-marketing and event partners.
- Advertising networks, social-media companies, and analytics providers.
- Legal advisers, regulators, law enforcement, and other authorities.
- A buyer or successor in a merger, sale, bankruptcy, or similar transaction.
- Other community users when you post publicly or use profile features.
U.S. residents should note that Optimizely states it may “sell” or “share” identifiers, customer-record information, and commercial information for advertising or marketing-related purposes, subject to opt-out rights. Third parties may use shared information under their own privacy notices.
International transfers, including to the United States, may rely on adequacy decisions, contractual safeguards, or the Data Privacy Framework.
4. AI/ML Training
The notice does not expressly state that personal data is used to train generative AI or machine-learning models. However, Optimizely may use personal information for internal research, technology development, analytics, predictive analytics, data science, personalization, and service improvement. It may also create anonymized datasets for development and improvement.
The notice does not clearly explain whether de-identified data can be used to train AI models, how de-identification is tested, or whether users can opt out. Customer Data processed as a processor is governed primarily by the customer contract and data-processing agreement.
5. Key User Obligations and Restrictions
- Services are not intended for anyone under 18; users should not submit children’s data.
- Users control some profile visibility settings, but information posted in communities or shared at events may be visible to others.
- Users should review third-party privacy notices before linking social-media accounts or using integrations.
- Marketing opt-outs do not stop essential account, transactional, technical, or legal communications.
- Users are responsible for marketing communications sent by Optimizely customers using the platform.
- Event recordings and special-category information may involve additional consent or notifications.
6. Liability & Disputes
This notice contains no detailed general liability cap, warranty disclaimer, indemnity provision, or governing-law clause. Those terms may appear in separate service agreements or website terms.
For EU/UK/Swiss data transferred to the U.S., unresolved complaints may be referred at no cost to ICDR AAA, JAMS, relevant data-protection authorities, or, in some circumstances, binding arbitration under the Data Privacy Framework.
7. Changes
Optimizely may change the notice at its discretion. Material changes will generally be communicated through an account notice, prominent website notice, or another appropriate channel. Changes normally take effect on publication, and users are responsible for reviewing the notice periodically.
Website terms of use
Optimizely Website Terms: Key Points and Risks
*This summary covers the Terms of Use provided. The Terms incorporate Optimizely’s separate Privacy Notice, which is not included here; therefore, the specific data practices and privacy rights cannot be confirmed from this document alone.*
1. Data Collection and Usage
- The Terms themselves do not specify what personal data Optimizely collects, such as names, email addresses, IP addresses, device information, cookies, browsing activity, or submitted form data.
- They direct users to the Privacy Notice for detailed data practices. That notice should be reviewed to understand:
- What information is collected and from what sources;
- The purposes and legal bases for processing;
- Cookie and analytics use;
- Retention periods;
- International transfers; and
- Contact information for privacy inquiries.
- If you submit “Content”—including suggestions, feedback, comments, information, or data—Optimizely receives broad rights to use it. The Terms do not expressly state whether submitted Content is anonymized or deleted.
2. User Rights
The Terms do not provide a specific list of privacy rights, such as rights to:
- Access or obtain a copy of personal data;
- Correct inaccurate data;
- Delete data;
- Restrict or object to processing;
- Opt out of marketing or certain cookies;
- Port data; or
- Withdraw consent.
Those rights, if available, will be described in the Privacy Notice and may depend on applicable law and the user’s location.
You retain ownership of Content you submit, but you grant Optimizely a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license, including the right to sublicense, to use, reproduce, distribute, display, perform, exploit, and create derivative works from it. Optimizely may do so without paying you.
3. Third-Party Sharing
The Terms do not explain whether Optimizely shares personal data with affiliates, service providers, advertisers, analytics companies, or other third parties. The Privacy Notice should be consulted.
The Terms do state that:
- Third-party website links are provided for convenience.
- Third-party websites have their own terms and privacy policies.
- Optimizely does not endorse or accept responsibility for those sites or their content.
- Third-party applications and platform integrations may be subject to separate Third-Party Add-on Terms.
4. AI/ML Training
The Terms are silent on whether user data or submitted Content is used to train artificial intelligence or machine-learning models.
Nothing expressly authorizes or prohibits AI training. Users should review the Privacy Notice, product-specific terms, and any applicable data-processing or AI terms before submitting confidential, personal, proprietary, or sensitive information. The broad Content license could potentially cover uses not specifically described in these Terms.
5. Key User Obligations and Restrictions
Users must:
- Be at least 18 years old;
- Comply with all applicable laws;
- Submit only Content they have the right to use;
- Avoid Content that infringes intellectual-property, privacy, publicity, or other rights; and
- Avoid defamatory or unlawful material.
Users may not:
- Disrupt, overload, damage, or interfere with the Websites, servers, APIs, or other users;
- Introduce malware or destructive code;
- Circumvent usage, API, or technical limits;
- Attempt unauthorized access, hacking, or password mining;
- Obtain information through unauthorized methods; or
- Violate export-control or other applicable laws.
Optimizely may suspend or terminate access at any time, with or without notice, and for any reason or no reason, and may modify or discontinue the Websites without liability.
6. Liability and Disputes
- The Websites and their content are provided “as is”, without warranties regarding accuracy, availability, security, suitability, or reliability.
- Optimizely broadly excludes liability for indirect, consequential, punitive, incidental, special, exemplary, and similar damages, including lost data, revenue, profits, or use.
- Where liability cannot be excluded, total aggregate liability is generally capped at $100, subject to applicable law.
- Users must defend and indemnify Optimizely and related parties for claims arising from their use, legal violations, submitted Content, or disputes with third parties.
- New York law governs. Legal actions must generally be brought exclusively in courts located in New York, New York.
7. Changes to the Terms
Optimizely may change the Terms at any time. Revised Terms become effective when posted, unless otherwise stated. The Terms do not promise individual email or other direct notice.
If you disagree with changes, your only stated remedy is to stop using the Websites. Users should periodically check the posted Terms.
Change history
2026-10-19 · privacy notice
2026-10-16 · privacy notice
2026-10-15 · privacy notice
2026-10-14 · privacy notice
2026-10-13 · privacy notice
2026-10-12 · privacy notice
2026-10-11 · privacy notice
2026-10-11 · privacy notice
2026-10-10 · privacy notice
2026-10-06 · privacy notice
2026-10-06 · privacy notice
2026-10-06 · Website terms of use
Summary
The diff only states that approximately 1,904 words were added. It does not include the actual added language or identify which provisions changed.
AI Training and Customer Data
- No determination is possible regarding whether the customer’s data may now be:
- Used to train, fine-tune, or improve AI models;
- Used to create or improve products, services, or algorithms;
- Combined with other customers’ data;
- De-identified, anonymized, or otherwise processed before use;
- Retained for model training after termination; or
- Shared with affiliates, vendors, or third-party AI providers.
- The available diff does not reveal whether any restrictions, consent requirements, opt-out rights, confidentiality obligations, or data-use limitations were added or removed.
Other Legal Risks
The actual contractual impact cannot be assessed without the added wording. In particular, it is not possible to evaluate changes involving:
- Data ownership and licensing;
- Confidentiality and permitted disclosures;
- Privacy and regulatory compliance;
- Security obligations and breach liability;
- Retention and deletion;
- Subprocessors or third-party providers;
- Intellectual-property rights in outputs or derived data;
- Indemnities, warranties, liability caps, or audit rights; or
- Termination rights and post-termination obligations.
Conclusion
The provided diff is insufficient for substantive legal analysis. The approximately 1,904 added words should be supplied in full, ideally with the surrounding unchanged provisions, to determine whether customer data may be used for AI training and to identify any new legal or commercial risks.
2026-10-05 · Website terms of use
Key Changes
1. Substantive terms removed
The diff deletes nearly all substantive provisions following the opening agreement language, including:
- Eligibility requirements, including the 18+ age requirement.
- The customer Content license.
- Suspension, termination, and website-discontinuation rights.
- Third-party website and integration terms.
- Downloading-file disclaimers.
- Intellectual-property ownership and restrictions.
- Prohibited-use rules and API limitations.
- Customer indemnification obligations.
- Warranty disclaimers.
- Limitations of liability, including the former $100 liability cap.
- New York governing law and exclusive forum provisions.
- Procedures for amending the Terms.
- Assignment, waiver, severability, survival, and entire-agreement provisions.
- DMCA copyright notice and counter-notice procedures.
The remaining text appears to retain only the opening agreement language and the reference to Optimizely’s Privacy Notice and Websites.
2. Customer Content and AI-model training
The deleted Content provision granted Optimizely a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, display, perform, and exploit customer-submitted content, including feedback, information, and data. It also allowed use without compensation.
This provision did not expressly mention training AI models, machine learning, or generative AI. However, its broad wording—particularly “use,” “exploit,” and “prepare derivative works”—could potentially have supported arguments for broad internal or commercial uses of submitted content, depending on the surrounding Privacy Notice and factual context.
Because the provision is deleted:
- There is no longer an express license in these Terms authorizing Optimizely to use submitted Content.
- The Terms provide less clarity about ownership and permitted uses of customer submissions.
- The deletion does not necessarily prohibit AI training. The Privacy Notice, other product terms, documentation, or separate agreements may still govern data use and may contain AI-training rights.
- Customers should review the incorporated Privacy Notice and any service-specific data-processing or AI terms for language addressing model training, product improvement, de-identification, retention, or use of prompts and outputs.
3. Liability and enforcement risk
Deleting the liability disclaimer and $100 aggregate liability cap may remove important contractual protections for Optimizely, potentially leaving greater exposure under applicable law. Conversely, deleting the customer indemnity and prohibited-use provisions may reduce explicit contractual obligations imposed on customers.
The removal of governing-law, amendment, and dispute provisions also creates uncertainty about how disputes will be resolved and how future changes to the Terms become effective.
Overall assessment
The change is primarily a large-scale removal of contractual protections and operating rules, not an expansion of AI-training rights. The express broad Content license is removed, but data-use rights may still exist elsewhere and should be separately reviewed.
2026-10-05 · privacy notice
2026-10-04 · privacy notice
2026-09-28 · privacy notice
2026-09-27 · privacy notice
2026-09-26 · privacy notice
2026-09-25 · privacy notice
2026-09-25 · privacy notice
2026-09-24 · Website terms of use
Summary of Important Changes
1. New eligibility requirements
The Terms now require users to represent that they:
- Are at least 18 years old;
- Have not previously been suspended or removed from the Websites; and
- Will use the Websites in compliance with all applicable laws.
Risk: Users may breach the Terms through inaccurate representations or unlawful use, potentially supporting suspension, termination, or indemnity claims.
2. Broad license to user-submitted content
A new Content provision gives Optimizely a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to:
- Use, reproduce, distribute, display, and perform submitted content;
- Incorporate it into other materials;
- Exploit it commercially; and
- Create derivative works.
Users retain ownership, but Optimizely may use the content without compensation.
The provision applies broadly to “suggestions, enhancement requests, recommendations, feedback, information, data, or comments” submitted to any Website.
Risks:
- The license has no stated expiration and is difficult or impossible to revoke.
- It may allow Optimizely to use commercially valuable feedback, ideas, or information without payment.
- The sublicensing and derivative-works rights expand the potential scope of use.
- Users must ensure that submissions do not infringe third-party intellectual-property, privacy, publicity, or other rights. This could create indemnity exposure.
3. AI model training
The diff does not expressly state that customer content or data may be used to train artificial-intelligence or machine-learning models. It also does not expressly prohibit such use.
However, the broad license to use, incorporate, exploit, reproduce, and create derivative works from submitted “Content” could arguably be broad enough to cover use in developing or training AI systems, depending on the wording of the Privacy Notice and other incorporated terms.
Important limitation: This provision appears directed at content submitted through the Websites, not necessarily customer data uploaded to or processed by an Optimizely software service. The diff does not clarify whether service data, usage data, prompts, outputs, or confidential information may be used for AI training.
Customers should review the incorporated Privacy Notice, product terms, data-processing terms, and any AI-specific terms for explicit training rights, opt-outs, anonymization requirements, retention periods, and restrictions on use of confidential or personal data.
4. Extensive new operational and legal provisions
The additions also give Optimizely rights to:
- Suspend or terminate Website access at any time, with or without notice;
- Modify or discontinue Websites or features without liability;
- Reject responsibility for third-party websites, downloads, integrations, and harmful code;
- Enforce broad prohibited-use restrictions;
- Require users to defend and indemnify Optimizely for claims connected with their use or submitted content;
- Provide the Websites “as is,” with broad warranty disclaimers;
- Limit aggregate liability to $100;
- Require New York law and exclusive New York courts; and
- Change the Terms by posting revised versions, with continued use as the practical means of acceptance.
5. Other additions
A detailed copyright/DMCA notice-and-counter-notice procedure has been added. The quotation-mark and apostrophe changes are stylistic and do not materially change the legal effect.
2026-09-24 · Website terms of use
Summary of Changes
Overall Change
- The diff states that approximately 1,904 words were removed from the document.
- However, it does not identify which provisions were deleted or provide the underlying text.
- No additions, replacements, or specific deleted clauses are shown.
Customer Data and AI Training
- It is not possible to determine from the supplied diff whether the agreement’s treatment of customer data has changed.
- In particular, the diff does not reveal whether any provisions were removed concerning:
- Use of customer data to train, fine-tune, or improve AI models;
- Whether customer data may be used for general product or service improvement;
- Whether data is aggregated, anonymized, or de-identified before such use;
- Customer consent or opt-out rights;
- Ownership of inputs, outputs, prompts, or derived data;
- Human review or access to customer data;
- Retention, deletion, or segregation of customer data;
- Restrictions on using confidential or personal information in model training.
Potential Legal Risks
Because the deleted text is unavailable, the principal risk is loss of contractual protections that may have been contained in the removed language. The deletion could potentially have:
- Expanded the provider’s rights to use customer data;
- Removed an express prohibition on AI model training;
- Removed customer consent, notice, or opt-out mechanisms;
- Reduced confidentiality, privacy, security, or data-deletion obligations;
- Removed limitations on use of personal data or regulated information;
- Eliminated remedies, audit rights, or liability protections relating to data misuse.
These are possibilities only and cannot be confirmed from the current diff.
Required Information for a Reliable Review
To identify the legal effect of the changes, provide either:
1. The full before-and-after agreement; or
2. The actual deleted, added, and replaced wording.
The review should specifically compare provisions titled or relating to Data Use, Customer Data, Confidentiality, Privacy, Artificial Intelligence, Machine Learning, Service Improvement, Model Training, Security, Retention, and Intellectual Property.
2026-09-22 · Website terms of use
Summary
The provided diff states only:
> “Added approximately 1904 words to the document”
It does not include the actual added language or identify which provisions changed. As a result, it is not possible to reliably assess the legal or commercial impact of the amendments.
AI Training and Customer Data
- No substantive text is provided concerning:
- Whether customer data may be used to train, fine-tune, or improve AI models;
- Whether customer prompts, inputs, outputs, or usage data are retained;
- Whether data is anonymized, aggregated, or de-identified;
- Whether customer data may be shared with affiliates, service providers, or third-party model providers;
- Whether the customer can opt out of AI training or request deletion; or
- Ownership and permitted use of AI-generated outputs.
Accordingly, no conclusion can be drawn about whether the new language expands or restricts the provider’s rights to use customer data for AI training.
Potential Risk Areas to Review
The added 1,904 words should be checked specifically for:
1. Broad data-use rights
Language allowing use of customer content for “improving,” “developing,” “operating,” or “training” services may authorize AI model training indirectly.
2. De-identified or aggregated data
Providers may reserve broad rights over supposedly anonymized data. The contract should address re-identification risks and define the required safeguards.
3. Input and output treatment
Confirm whether customer prompts, uploaded materials, and generated outputs are treated differently and whether either may be used for training.
4. Third-party providers
Determine whether data can be transferred to cloud, analytics, or AI vendors and whether those vendors may independently retain or train on it.
5. Retention and deletion
Review retention periods, deletion obligations, backups, and whether deletion requests apply to training datasets or derived models.
6. Confidentiality and compliance
Check consistency with confidentiality obligations, data-protection laws, sector-specific requirements, and any data-processing agreement.
Information Needed
Please provide the actual 1,904-word addition, preferably with the original and revised text or the marked-up diff. Without the substantive language, a meaningful legal risk analysis cannot be completed.
2026-09-22 · privacy notice
2026-09-22 · privacy notice
2026-09-21 · privacy notice
2026-09-21 · privacy notice
2026-09-20 · privacy notice
2026-09-20 · Website terms of use
Summary of Important Changes
1. Major removal of substantive terms
The revised text deletes nearly all of the prior operative provisions after the introductory acceptance language, including:
- Eligibility requirements
- User-content rights and license
- Suspension and termination rights
- Third-party website and integration provisions
- Download and malware disclaimers
- Intellectual-property ownership terms
- Prohibited-use restrictions
- Customer indemnification obligations
- Warranty disclaimers
- Limitation of liability
- New York governing law and venue
- Optimizely’s unilateral amendment rights
- Assignment, waiver, severability, and survival provisions
- DMCA copyright-notice and counter-notice procedures
This appears to be a substantial deletion rather than a minor wording update. The replacement text may therefore be incomplete unless the deleted provisions have been relocated elsewhere.
2. Customer-content rights and data use
The deleted CONTENT provision previously granted Optimizely a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, distribute, display, exploit, and create derivative works from content submitted to the Websites. The customer retained ownership, but Optimizely could use the content without compensation.
Removing this provision may reduce Optimizely’s express contractual rights to use customer-submitted content. It also removes the customer’s express representations that submitted content does not infringe third-party rights or defame others.
3. AI-model training
No express language has been added concerning:
- Training, fine-tuning, or improving artificial-intelligence or machine-learning models
- Use of customer data, prompts, inputs, outputs, or content for AI training
- Opt-out rights or consent requirements
- De-identification, aggregation, or anonymization for model development
- Restrictions on using confidential or personal information in AI systems
Because the prior broad content license has been deleted, the text no longer expressly authorizes the listed uses of submitted content. However, this does not necessarily prohibit AI training or other data use. The Privacy Notice is incorporated by reference and may contain separate data-use permissions. That notice should be reviewed, particularly for provisions addressing analytics, product improvement, automated processing, service providers, aggregated data, and AI.
4. Formatting-only changes
The changes from straight quotation marks to typographic curly quotation marks and the minor apostrophe formatting changes appear non-substantive.
5. Key legal risk
The principal risk is uncertainty: the revised excerpt removes important protections and allocation-of-risk provisions without clearly replacing them. Confirm whether the deleted terms appear in another agreement, product-specific terms, or the Privacy Notice before relying on the revised text.
2026-09-18 · privacy notice