All traffic is monitored, all signal sources are eventually incorporated into the training set in one way or another. The person you're responding to is correct, even a single API call to any AI provider is sufficient to discount future results from the same provider.
ok! So if someone uses an existing, checkpointed, open source model then the answer is yes the results are valid and it doesn't matter that the tests are public.
You live in a conspiracy world. Those AI providers don't update the models that fast. You can try ask them solve ARC-AGI-3 without harness and see them struggle as yesterday yourself.