Overview

Microsoft Bing is an Artificial Intelligence (AI) search engine powered by ChatGPT & GPT-4 (short for Generative Pre-trained Transformer version 4) which interacts with users in a conversational way to answer questions. Microsoft's terms state that Bing can collect and process data in many forms, including text that has been inked or typed, voice data, and images. When users are signed in, some products may display a user's name or username and their profile photo as part of their use of Microsoft products, including in a user's communications, social interactions, and public posts. Microsoft's terms state they provide a privacy dashboard that allows users to control some of the data Microsoft processes through their use of a Microsoft account on the Microsoft privacy dashboard. From here, the terms state users can view and clear their browsing, search, and location data associated with their Microsoft account.

Microsoft's terms also state they are committed to protecting the security of its users' personal data. Microsoft uses a variety of security technologies and procedures to help protect users' personal data from unauthorized access, use, or disclosure. If a user uses a Microsoft product provided by a school or district they are affiliated with or use an email address provided by a school or district to access Microsoft products, Microsoft may share certain data, such as interaction data and diagnostic data, to enable a school or district to manage the products.

Microsoft Bing can be accessed through its website and is available to download on the iOS App Store, and the Google Play Store. The Privacy Policy and Terms of Use used for this evaluation can be found on Microsoft Bing’s website. Additionally, other policies used for this evaluation include: Privacy Trust Center, and Microsoft Services Agreement. This evaluation only considers policies that have been made publicly available prior to an individual using the application or service.

Safety

Microsoft's terms state that children can access communication services, like Bing, Outlook, and Skype, and can freely communicate and share data with other users of all ages. When users are signed in, some products may display a user's name or username and their profile photo as part of their use of Microsoft products, including in a user's communications, social interactions, and public posts. The terms state that when a user creates a personal Microsoft account, they will be asked to provide certain personal data and they will assign a unique ID number to identify a user's account and associated information. While some products, such as those involving payment, require a real name, the terms state users can sign in and use other Microsoft products without providing their real name. Some data a user provides, such as their display name, email address, and phone number, can be used to help others find and connect with that user within Microsoft products.

In addition, the terms state that users should be aware that when they share their content with other people, it may become publicly visible to others. Microsoft's terms state that they also provide parental tools called Family Features, which allow parents and kids to build trust based on a shared understanding of what behaviors, websites, apps, games, physical locations, and spending is right in their family. Parents can create a family account by going to https://account.microsoft.com/family and inviting their kids or other parents to join.

Privacy

Microsoft's terms state they provide a privacy dashboard that allows users to control some of the data Microsoft processes through their use of a Microsoft account on the Microsoft privacy dashboard. From here, the terms state users can view and clear their browsing, search, and location data associated with their Microsoft account. The terms state many of Microsoft’s products require some personal data to provide users with its services. The data Microsoft services can collect include: first and last name, email address, postal address, phone number, password credentials, and data about users such as their age, gender, country, and preferred language.

In addition, the terms state Microsoft also obtains data about users from third parties, such as data brokers from which Microsoft purchases demographic data to supplement the data they collect, and from services that make user-generated content from their service available to others, such as local business reviews or public social media posts. In carrying out these purposes, the terms state that Microsoft combines data they collect from different contexts (for example, from a user's use of two Microsoft products) or they obtain from third parties to give users a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.

The terms state Microsoft does not sell users' personal data and personal information will only be used or processed to provide users the services including purposes compatible with providing those services. However, Microsoft's privacy policy states they may use personal information for marketing and targeted advertising purposes, but Microsoft says they do not use what a user says in an email, chat, video calls, or voice mail, or their documents, photos, or other personal files to target ads. Lastly, Microsoft says they may track users with the data they collect through interactions on their products and on third-party websites for advertising in their products and across the Internet for commercial purposes.

Security

Microsoft's terms state they are committed to protecting the security of its users' personal data. Microsoft uses a variety of security technologies and procedures to help protect users' personal data from unauthorized access, use, or disclosure. For example, the terms state Microsoft stores the personal data users provide on computer systems that have limited access and are in controlled facilities and protect the data users entrust to Microsoft through strong security and encryption.

In addition, the terms state Microsoft uses data to protect the safety of their products and their customers. Microsoft's security features and products can disrupt the operation of malicious software and notify users if malicious software is found on their devices. The terms also state Microsoft uses data they collect to develop product updates and security patches. For example, the terms state Microsoft may use information about a user's device’s capabilities, such as available memory, to provide users with a software update or security patch. The terms also state updates and patches are intended to maximize users' experience with Microsoft's products, help users' protect the privacy and security of their data, provide new features, and ensure a user's device is ready to process updates. Lastly, the terms state Microsoft complies with data protection laws, including providing security breach notification to users.

Compliance

The terms state the data Microsoft collects depends on the context of the user's interactions with Microsoft and the choices they make, including their privacy settings and the products and features they use. The terms also say a user can request access to their data, update their data, erase their data, and port their personal data to another service. However, Microsoft's terms say that if a user's organization, such as their employer, school, or service provider, provides them with access to and is administering their use of Microsoft products, they should contact their organization to learn more about how to access and control a personal data. The data associated with a work or a K-12 school account, and how it will be used, is generally similar to the use and collection of data associated with a personal Microsoft account. However, work or school administrators managing accounts may access personal data including the contents of communications and files, including data stored in products provided to a user by their organization.

In addition, the terms state the services are only intended for adults and if children intend to use the services they must have valid parent or legal guardian consent. Parents and kids can use Microsoft family features to build trust based on a shared understanding of what behaviors, websites, apps, games, physical locations, and spending is right in their family. Parents can create a family account by going to https://account.microsoft.com/family.

Overall Score

Every privacy rating includes an overall score. A higher score (up to 100%) means the product provides more transparent privacy policies with better practices to protect user data. The score is best used is as an indicator of how much additional work a person will need to do to make an informed decision about a product.

Basic ScoreFull Score
Comprehensive Assessment7574

Concerns

The privacy evaluation process summarizes the policies of an application or service into concern categories based on a subset of evaluation questions that can be used to quickly identify particular practices of a vendor’s policies. These concerns are composed of evaluation questions that can be used to calculate scores relative to that concern.

ConcernBasic ScoreFull Score
Data Collection: Protecting personal information8365
Data Sharing: Protecting data from third parties10095
Data Security: Protecting against unauthorized access10095
Data Rights: Controlling rights to data8895
Data Sold: Preventing sale of data7555
Data Safety: Promoting responsible use6770
Ads & Tracking: Prohibiting the exploitation of users' decision making process5060
Parental Consent: Protecting children’s personal information10065
School Purpose: Following student data privacy laws044
Individual Control: Controlling data useNA95

Statutes

Each statute or regulation is associated with one or more evaluation questions. As such, we can calculate scores for each statute or regulation using only those questions associated with the statute or regulation. Each specific statute or regulation's score serves as an indirect proxy indicating the likelihood of the application or service satisfying all of its compliance obligations.

StatuteBasic ScoreFull Score
California Online Privacy Protection Act (CalOPPA)7977
Children's Online Privacy Protection Act (COPPA)7474
Family Educational Rights and Privacy Act (FERPA)7570
Student Online Personal Information Protection Act (SOPIPA)6367
General Data Protection Regulation (GDPR)9386

Privacy Policy Details

1: Transparency

1.1: Policy Version
  • Privacy policies do indicate a version or effective date.
  • Privacy policies indicate a change log or past policy version is available.
1.2: Policy Notice
  • Users are notified if there are any material changes to the policies.
  • Privacy policies indicate the method used to notify a user when policies are updated.
1.3: Policy Changes
  • Users are notified prior to any material changes to the policies.
  • Changes to the policies are effective immediately and continued use of the product indicates consent.
1.4: Policy Coverage
  • Privacy policies indicate the products that are covered by the policies.
1.5: Privacy Contact
  • Users can contact the company about any privacy policy questions, complaints, or material changes to the policies.
1.6: Policy Principles
  • Privacy policies do indicate privacy principles, layered notices, or a table of contents.
1.7: Policy Language
  • Privacy policies are available in multiple languages.
1.8: Intended Use
  • Intended for children under 13.
  • Intended for teens.
  • Intended for adults over 18.
  • Unclear whether intended for parents or guardians.
  • Unclear whether intended for students.
  • Unclear whether intended for teachers.

2: Focused Collection

2.1: Data Collection
  • Personally identifiable information (PII) is collected.
  • The categories of collected personally identifiable information are indicated.
  • Geolocation data are collected.
  • Biometric or health data are collected.
  • Interactions, behaviors, or usage analytics data are collected.
  • Sensitive data are collected.
  • Data is automatically collected.
2.2: Data Source
  • Unclear whether personal information or education records are collected from preK-12 students.
  • Personal information from children under 13 years of age is collected.
2.3: Data Excluded
  • Unclear whether specific types of personal information excluded from collection.
  • Unclear whether specific types of collected information are excluded from the privacy policy.
2.4: Data Limitation
  • Collection or use of data is limited to product requirements.

3: Data Sharing

3.1: Data Shared With Third Parties
  • Collected information is shared with third parties.
  • The categories of information shared with third parties are indicated.
3.2: Data Use by Third Parties
  • The purpose for sharing a user's personal information with third parties is indicated.
  • Data are shared for analytics.
  • Data are not shared for research and/or product improvement.
  • Personal information is shared for third-party marketing.
3.3: Data Not Shared With Third Parties
  • Unclear whether there are specific categories of information that are not shared with third parties.
3.4: Data Sold to Third Parties
  • Personal information is not sold or rented to third parties.
3.5: Third-Party Data Acquisition
  • Personal information about users is obtained from third parties.
3.6: Third-Party Links
  • Links to third-party external websites are not age-appropriate.
3.7: Third-Party Data Access
  • Third parties are authorized to access a user's information.
3.8: Third-Party Data Collection
  • Personal information of users is collected by a third party.
3.9: Third-Party Data Misuse
  • Personal information cannot be deleted from a third party.
3.10: Third-Party Service Providers
  • Third-party services are used to support the product.
  • The roles of third-party service providers are indicated.
3.11: Third-Party Affiliates
  • The categories of third parties that receive data are indicated.
3.12: Third-Party Policies
  • Links to privacy policies of third-party companies are not available.
3.13: Third-Party Data Combination
  • Company may combine data with additional data from third-party sources.
  • Unclear whether data shared with third parties can be combined with other data.
3.14: Third-Party Authentication
  • Third-party login is supported.
  • Personal information from third-party login providers is collected.
  • Personal Information is shared with third-party login providers.
3.15: De-identified or Anonymized Data
  • User information that is shared is shared in an anonymous or de-identified format.
  • Unclear whether the company describes their de-identification process of user information.
3.16: Third-Party Contractual Obligations
  • Contractual limits are placed on third-party data use.
  • Unclear whether contractual limits prohibit third parties from reidentifying or de-identified information.

4: Respect for Context

4.1: Data Use
  • Use of information is limited to the purpose for which it was collected.
  • The context or purpose for which data are collected is indicated.
4.2: Data Combination
  • Combined information is treated as personally identifiable information (PII).
4.3: Data Notice
  • Notice is provided if the context in which data are collected changes.
4.4: Data Changes
  • Consent is obtained if the practices in which data are collected change.
4.5: Policy Enforcement
  • Accounts may be terminated if users engage in any prohibited activities.

5: Individual Control

5.1: User Content
  • Users can create or upload content.
5.2: User Consent
  • Opt-in consent is requested from users at the time personal information is collected.
5.3: Remedy Process
  • A grievance or remedy mechanism is available for users to file a complaint.
5.4: Data Settings
  • Users can control the use of their information through privacy settings.
5.5: Data Disclosure
  • Users can opt out from the disclosure or sale of their data to a third party.
  • Users can request to know what personal information has been shared with third parties.
  • Notice is provided in the event the company receives a government or legal request for a user's information.
5.6: Intellectual Property
  • Users retain ownership of their data.
  • A copyright license is claimed to data or content collected from a user.
  • Unclear whether any copyright license to a user's data is limited in scope or duration.

6: Access and Accuracy

6.1: Data Access
  • Processes to access or review user data are available.
  • Methods are available to restrict who has access to data.
  • Processes to review student data are available for the school, parents, or students.
6.2: Data Integrity
  • The company does not attempt to maintain the accuracy of data they collect.
6.3: Data Correction
  • Processes to modify data are available for authorized users.
  • Processes for the school, parents, or students to modify inaccurate student information are available.
  • The time period for the company to modify inaccurate data is indicated.
6.4: Data Retention
  • A data-retention policy is available.
  • Exceptions to the data retention policy exist.
6.5: Data Deletion
  • Data are deleted when no longer necessary.
  • A user's data are deleted upon account cancellation or termination.
  • Processes to delete user data are available.
  • Processes for authorized users to delete data are available.
  • The time period for the company to delete data is indicated.
6.6: Data Portability
  • Processes to download user data are available.
  • A user can assign an authorized account manager or legacy contact.

7: Data Transfer

7.1: Data Handling
  • User information can be transferred to a third party in the event of a merge, acquisition, or bankruptcy.
  • Notice is provided to users if the company assigns its rights or delegates its duties to another company.
  • Unclear whether users are notified if their information is transferred to a third party.
7.2: Transfer Request
  • Unclear whether user information can be deleted prior to its transfer to a third party.
7.3: Onward Contractual Obligations
  • Third-party transfer is contractually required to use the same privacy practices.

8: Security

8.1: User Identity
  • A user's identity is verified with additional personal information.
8.2: User Account
  • Account creation is required.
  • Managed accounts are available.
  • Multi-factor account protection is available.
8.3: Third-Party Security
  • Third-parties with access to information are required to provide the same security protections as the company.
8.4: Data Confidentiality
  • Reasonable security practices are used to protect data.
  • Employee or physical access to user information is limited.
8.5: Data Transmission
  • All data in transit are encrypted.
8.6: Data Storage
  • All data are stored in an encrypted format.
  • The company is clear what jurisdiction a user's personal information is subject to.
8.7: Data Breach
  • Notice is provided in the event of a data breach.
8.8: Data Oversight
  • Data-privacy and/or security-compliance audits are performed.

9: Responsible Use

9.1: Social Interactions
  • Users can interact with trusted users.
  • Users can interact with untrusted users, including strangers and/or adults.
  • Profile information must be shared for social interactions.
9.2: Data Visibility
  • Personal information can be displayed publicly.
  • Users can control how their data are displayed to others.
9.3: Monitor and Review
  • User-created content is not reviewed, screened, or monitored by the company.
  • Unclear whether user-created content is filtered for personal information before being made publicly visible.
  • Social interactions between users are moderated.
  • Social interactions of users are logged.
9.4: Report Content
  • Users can filter or block inappropriate content.
  • Users can report abuse or cyberbullying.
9.5: Internet Safety
  • The company provides links to resources that support safe and appropriate social interactions.

10: Advertising

10.1: Vendor Communications
  • A user can receive service- or administrative-related communications from the company.
10.2: Traditional Advertising
  • Traditional or contextual advertisements are displayed.
10.3: Behavioral Advertising
  • Personalised advertising is displayed.
10.4: Ad Tracking
  • Data are collected by third-parties for their own purposes.
  • User's information is used to track and target advertisements on other third-party websites or services.
  • Data profiles are created and used for personalised advertisements.
10.5: Filtered Advertising
  • Ads displayed to children are not filtered for inappropriate content.
10.6: Marketing Communications
  • The company can send marketing messages.
  • The company does provide promotional sweepstakes, contests, or surveys.
10.7: Unsubscribe
  • Users can opt out of contextual, or personalised advertising.
  • Users can opt out or unsubscribe from marketing communications.
10.8: Do Not Track
  • Company does not respond to "Do Not Track" or other opt-out mechanisms.
  • The company does provide a method for users to opt-out from third-party tracking.

11: Compliance

11.1: Children Under 13
  • Company does have actual knowledge that personal information from users under 13 years of age is collected.
  • The company does provide a section, heading, or separate policy for children in their policies.
  • Account creation is restricted or prohibited for users under 13 years of age.
11.2: Students in K–12
  • Product is primarily used by, designed for, and marketed toward students in grades preK–12.
  • Processes to enter education records into the product are described.
  • Additional rights or protections may be provided with an additional school contract.
  • Unclear whether the company is designated as a school official.
11.3: Parental Consent
  • Parental consent is required before personal information is collected or disclosed.
  • Unclear whether this product limits parental consent with respect to third parties.
  • Parents can withdraw consent for the further collection of their child's information.
  • Unclear whether this product deletes children's personal information if collected without parental consent.
  • Parental consent notice and method for submission are provided.
  • Parental consent obligations are transferred to the school or district.
11.4: Legal Requirements
  • The legal jurisdiction that applies to the laws governing the policies is indicated.
  • A user is required to waive the right to a jury trial, or settle any disputes by arbitration.
  • A user is required to waive the right to join a class action lawsuit.
  • A company will disclose personal information to law enforcement.
11.5: Certification
  • Unclear whether the company has signed a privacy pledge or received a privacy certification.
11.6: International Laws
  • A user's data are subject to International data transfer or jurisdiction laws.
  • The company has indicated it is a Data Controller or Data Processor.