> You agree to grant and hereby grant Zoom a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license and all other rights required or necessary to redistribute, publish, import, access, use, store, transmit, review, disclose, preserve, extract, modify, reproduce, share, use, display, copy, distribute, translate, transcribe, create derivative works, and process Customer Content and to perform all acts with respect to the Customer Content.
> (ii) for the purpose of product and service development, marketing, analytics, quality assurance, machine learning, artificial intelligence, training, testing, improvement of the Services, Software, or Zoom’s other products, services, and software, or any combination thereof
> We will not use ... protected health information, to train our artificial intelligence models without your consent.
> We routinely enter into ... legally required business associate agreements (BAA) with our healthcare customers. Our practices and handling of ... protected healthcare data are controlled by these separate terms and applicable laws.
To my understanding there is nothing in the separate terms (BAA) or applicable laws (HIPAA) that actually guarantees this.
I don't want to assume malice but if in good faith I would have expected an updated BAA with an explicit declaration regarding data access and disclosure in a legally-binding fashion rather than a promissory blogpost vaguely referencing laws that don't themselves inherently restrict the use of PHI for training by Zoom.
It would really only require a single term.
> Notwithstanding the above, Zoom will not use audio, video or chat Customer Content to train our artificial intelligence models without your consent.
> You agree to grant and hereby grant Zoom a perpetual, worldwide, non-exclusive, … [rest already quoted several times in the thread]
so that promise to not do it without consent is meaningless as they have consent from anyone who has agreed to the ToS which anyone using the service/product has done.