Product and intended use
Define the configuration, people, information and tasks being assessed.
Plan in scope
Not confirmed
This profile covers consumer Free, Go (USD 8/month; may include ads), Plus (USD 20/month) and Pro (from USD 100/month). Governed by consumer Terms of Use with OpenAI OpCo, LLC, not the Services Agreement. A paid personal subscription is not Business or Enterprise.
Ask: Confirm no one in the firm is putting client or matter data into Free, Go, Plus or Pro, including Codex signed in with a personal account.
Hosting
Not confirmed
Consumer ChatGPT is multi-tenant SaaS. No Australian storage or inference residency is offered on these plans. Data-residency documentation is for Enterprise/Edu (and a separate Business rollout), not consumer.
Ask: Treat all consumer content as processed in OpenAI's default (US-centric) environment unless a later consumer residency page is produced.
Features
Public claim only
Chat, file uploads, memory, custom GPTs, deep research, voice, Codex and limited ChatGPT Work (desktop on Free). Plus adds GPT-6 Astra and GPT-5.6. Pro adds Pro reasoning on GPT-6 Astra and higher limits. This is not Astra for Law.
Ask: Which consumer features (Work, apps, memory, Codex) will be banned in the firm acceptable-use policy?
Australia
Not confirmed
The service is available to Australian users. Consumer Terms: California law and San Francisco courts except EEA/UK/Switzerland (separate EU terms). No APP-aligned DPA.
Ask: Is any use of consumer ChatGPT for firm work prohibited in our policy regardless of Plus/Pro payment?
Data, controls and requirements
Compare the actual configuration with firm, client and jurisdiction requirements, supported by evidence.
Client data
Not confirmed
There is no processor relationship with the firm. Uploading client material is a disclosure to OpenAI under consumer terms.
Ask: What client authority, if any, would ever permit this plan?
Models
Public claim only
OpenAI models (GPT-5.6 Luna on Free; GPT-6 Astra and GPT-5.6 on Plus; Pro reasoning on GPT-6 Astra). Not Astra for Law.
Ask: N/A — do not put matter data here regardless of model name.
Subprocessors
Not confirmed
No consumer subprocessor list equivalent to the business list was attached to these plans. Apps/GPT actions are additional recipients.
Ask: If this plan is used at all, list every enabled app.
Training default on
Public claim only
Consumer Terms: OpenAI may use Content to train unless you opt out. Help: turn off 'Improve the model for everyone' in Settings → Data Controls, or 'Do not train on my content' in the privacy portal. Applies to Codex tasks on a personal plan, not Codex full-environment training. Default is training on.
Ask: If a personal account exists, is the training toggle off, and was it off before any client text was entered?
Thumbs-up exception
Public claim only
Even after opt-out, thumbs-up/down feedback may send the entire associated conversation for training. Support conversations may be used to improve models if training is enabled in Settings.
Ask: Is feedback sharing disabled, and do staff know not to thumbs-up client chats?
Retention
Public claim only
Saved chats remain until deleted. Temporary Chat: not in history; OpenAI may keep a copy up to 30 days for safety; not used to train while temporary. Deleting a saved chat removes it from view immediately and schedules permanent deletion within 30 days unless de-identified or legally retained. Library files are separate from chat deletion.
Ask: Is Temporary Chat being mistaken for a contractual zero-retention mode?
Deletion
Public claim only
Deleted chats cannot be restored. Permanent deletion from systems within 30 days subject to safety/legal exceptions. Account deletion instructions exist in Data Controls FAQ. No deletion certificate for consumers.
Ask: How would we evidence deletion if a personal account held client files?
Staff access
Not confirmed
Consumer pages do not state when OpenAI staff read chats. Safety copies of Temporary Chat imply review capacity. Phone support may be recorded.
Ask: Assume possible human review of flagged or supported content.
Access
Not confirmed
Single-user password/account. No firm MFA/SSO mandate. Memory and custom instructions persist across Temporary Chat unless personalisation is turned off first.
Ask: Are personal ChatGPT logins forbidden on firm devices?
Encryption
Not confirmed
AES-256 / TLS 1.2+ is advertised for Enterprise/Edu/Business on the business-data page, not on the consumer Terms extract reviewed here.
Ask: Do not infer enterprise encryption commitments from a Plus subscription.
Assurance
Not confirmed
SOC 2 / ISO badges on OpenAI's business-data page cover Enterprise, Business, Edu, Healthcare, Teachers and the API — not consumer ChatGPT as a firm processor.
Ask: Do not rely on OpenAI's enterprise certifications for a personal account.
Consumer terms
Public claim only
Terms of Use with OpenAI OpCo, LLC. California law; San Francisco courts except arbitration. Liability cap: greater of amounts paid in the prior 12 months or USD 100. Output as-is; not professional advice. Mandatory arbitration and class waiver (opt-out within 30 days of account creation). No DPA.
Ask: Confirm we will not sign or rely on consumer terms for firm processing.
Transfers
Public claim only
US company; consumer processing locations not listed as an Australian region. ROW privacy policy applies outside EEA/UK in this scrape.
Ask: Treat as a US transfer for APP 8 if any personal information is entered.
Incidents
Not confirmed
No numbered consumer breach-notice clock in the Terms extract.
Ask: N/A if the tool is banned; otherwise how would NDB work with a personal account?
Changes
Public claim only
Terms may change; price increases need 30 days' notice before renewal. Arbitration-term updates have a 30-day opt-out.
Ask: Who in the firm watches consumer-term changes if personal use is tolerated?
Exit
Public claim only
User can delete chats and the account. No firm offboarding. Library files need separate deletion.
Ask: If a departing lawyer used personal ChatGPT on matters, what export/deletion is required?
Apps
Not confirmed
GPT actions and apps send data to third parties under the recipient's policy, which may retain longer than 30 days. Personal accounts have no workspace admin to disable apps.
Ask: Are apps, browsing and agent mode disabled or is the whole product banned?
Web search
Not confirmed
Deep research and browsing are on the consumer feature set. Content can leave the chat to search providers.
Ask: Is web browsing treated as an additional disclosure?
Agentic features
Not confirmed
ChatGPT Work (limited on Free; expanded on Plus/Pro), Codex, scheduled tasks and apps can act outside the chat. No firm approval gate.
Ask: Ban agent/Work/Codex on personal accounts for any firm work.
Oversight
Public claim only
Terms: any use of Output is at the user's sole risk; not a substitute for professional advice. No product-enforced lawyer review.
Ask: If consumer ChatGPT is used at all, what mandatory verification applies?