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[mod] info page: Privacy Policy
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Initial creation of an info page on the topic "Privacy Policy".

[1] searxng#1285 (comment)

Suggested-by: @nicfab [1]
Signed-off-by: Markus Heiser <markus.heiser@darmarit.de>
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return42 committed Aug 22, 2023
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1 change: 1 addition & 0 deletions docs/user/index.rst
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Expand Up @@ -13,3 +13,4 @@ User information
search-syntax
configured_engines
about
privacy-policy
5 changes: 5 additions & 0 deletions docs/user/privacy-policy.rst
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.. _privacy-policy:

.. include:: privacy-policy.md
:parser: myst_parser.sphinx_

1 change: 1 addition & 0 deletions searx/infopage/__init__.py
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Expand Up @@ -134,6 +134,7 @@ def __init__(
self.toc: typing.List[str] = [
'search-syntax',
'about',
'privacy-policy',
'donate',
]
"""list of articles in the online documentation"""
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217 changes: 217 additions & 0 deletions searx/infopage/en/privacy-policy.md
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# Privacy Policy

We provide this information for SearXNG's instances installed on servers in the
Economic European Area (EEA) or outside the EEA for those who consult the
{{link('SearXNG website', 'search')}} or submit queries. So that you know, this
information applies only to this SearXNG instance **and not to other websites
the user may consult through links**.

When data subjects or SearXNG providers are in the EEA, the [EU Regulation
2016/679 (GDPR)](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN)
applies.

Indeed, according to Article 3(2) of the GDPR, we underline whether SearXNG's
instances are installed on servers, not in the EEA, but the service is offered
to users in the EEA, Regulation 2016/679 applies.

> Article 3
> Territorial scope
>
> 1. This Regulation applies to the processing of personal data in the context
> of the activities of an establishment of a controller or a processor in the
> Union, regardless of whether the processing takes place in the Union or
> not.
>
> 2. This Regulation applies to the processing of personal data of data subjects
> who are in the Union by a controller or processor not established in the
> Union, where the processing activities are related to:
>
> (a) the offering of goods or services, irrespective of whether a payment of
> the data subject is required, to such data subjects in the Union; or
>
> (b) the monitoring of their behaviour as far as their behaviour takes place
> within the Union.
>
> 3. This Regulation applies to the processing of personal data by a controller
> not established in the Union, but in a place where Member State law applies
> by virtue of public international law.
## Data controller

The data controller is `{name of the instance maintaner}` - (`{maintainer's
email}`).

## How does SearXNG protect privacy?

SearXNG protects the privacy of its users in multiple ways regardless of the
type of instance (private or public). Removal of private data from search
requests comes in three forms:

1. Removal of private data from requests going to search services.

2. Not forwarding anything from third-party services through search services
(e.g., advertisement).

3. Removal of private data from requests going to the result pages. Removing
private data means not sending cookies to external search engines and
generating a random browser profile for every request. Thus, it does not
matter if a public or private instance handles the request because it is
anonymized in both cases. IP addresses will be the IP of the
instance. However, the SearXNG admin can configure it to use a proxy or Tor.
[Result proxy](https://github.com/asciimoo/morty) is supported, too. SearXNG
does not serve ads or tracking content, unlike most search services. So
private data is not forwarded to third parties who might monetize it. Besides
protecting users from search services, referring pages and search queries are
hidden from visited result pages.

## What's happened when you send a query through a SearXNG instance?

We reproduce the steps below:

1. You send your query from a SearXNG instance;

2. The SearXNG instance sends your query to the search engines set by default on
every specific SearXNG instance (All the SearXNG instances (private and
public) might differ because it depends on the settings chosen by the admin.
However, you can view and modify what the engines set by default via
{{link('Preferences => Engines', 'preferences')}}).

3. The search engines (for instance, DDG or Qwant) that receive your query
elaborate on it and send the response to the SearXNG instance.

## Is your data or personal data transmitted to search engines?

**The answer is NO, and precisely:**

1. **None of your data nor personal data is transmitted** from the SearXNG instance except:

- Your query;
- The language you selected on the SearXNG instance;
- The technical parameters are needed to form the same query.

2. **No metadata is transmitted**.

**In the end, only**:

- your query,
- the language you selected on the SearXNG instance and
- the technical parameters needed to form the same query

are transmitted to search engines.

## Can the search engines see your data or install cookies or other stuff on your browser?

**The answer is: No, they cannot.**

Indeed, the search engines (for example, DDG or qwant) that receive your query
through the SearXNG instance:

1. Do not know from where (IP or location) your query comes and see your IP
since they are talking only with the SearXNG instance;

2. Acquire only the IP of the SearXNG instance you used for your query.

3. Cannot send your browser cookies or other data to track you since the search
engines that receive your query are only connected to the SearXNG instance
and not your web browser.

## What data is collected

This SearXNG instance receives only your IP but does not collect it.

**Each user is responsible for the content they intend to submit as a query**.

### Who can access the data, and for what activities?

None neither the server administrator (instance) can access Personally
Identifiable Information (PII) nor data of the queries but only - for technical
needs - system logs without the possibility of retrieving any personal data
anyway.

## The purposes of the processing

When data subjects or SearXNG providers are in the EEA, the GDPR applies.
Still, the purpose is to provide all access to the SearXNG instance by allowing
users to submit queries and read and consult the search results.

Furthermore, the purposes are also related to server maintenance and system and
application upgrades.

The optional, explicit, and voluntary sending of electronic mail to the
addresses indicated on the footer of this site involves the acquisition of the
sender's address necessary for the replies and any other personal data contained
in the message. These data are processed to respond to messages sent and handle
related requests. Failure to provide personal data for communications with us or
send requests will prevent evading them. We store data for the time strictly
necessary for the purposes related to data processing.

## Legal basis for the processing

When data subjects or SearXNG providers are in the EEA, the GDPR applies.
Still, the processing of personal data is based on consent - according to
Article 6, par. 1, letter a) of EU Regulation 2016/679 - expressed by the user
by browsing this website, choosing the preferences, and submitting queries, thus
accepting this information.

Consent is optional, and the user can withdraw at any time by request sent by
email to `{maintainer's email}`¡, specifying that, in this case, whether the
user does not consent, they cannot consult this website.

Regarding server maintenance and system and application upgrades, the legal
basis is the legitimate interest according to Article 6, letter f) of the EU
Regulation 2016/679.

The processing of personal data is necessary to pursue the data controller's
legitimate interest in providing information about studies and research,
according to article 6, par. 1, letter f) of EU Regulation 2016/679, in
compliance with the provisions of the same Regulation.

## Cookies

The only cookies are only **functional ones** and, therefore, no profiling or
tracking activities.

**Thus, this site does not use cookies other than functional cookies solely for
the functional purposes described above, and their installation does not require
the user's consent**.

## Data recipients

We don't communicate personal data collected from this website following its
consultation to recipients or categories of recipients.

## Period for storing personal data

This website does not collect nor store user data.

## Transferring personal data to a third country or international organization

When data subjects or SearXNG providers are in the EEA, the GDPR applies.
Still, the data controller, the administrator of SearXNG's instance, does not
transfer any personal data outside the European Economic Area (EEA) if SearXNG
is installed on the server located within the European Economic Area.

## Security measures

The SearXNG instance maintainer adopts appropriate security measures to prevent
unauthorized access, disclosure, modification, or unauthorized destruction of
data. Your data in the communication session with this website are protected by
a Secure Sockets Layer (SSL) certificate that uses a cryptographic presentation
protocol, encrypting the information.

## Data subjects' rights

When data subjects or SearXNG providers are in the EEA, the GDPR applies.
Still, users (data subjects) who access the service provided by this instance
may exercise the rights according to Articles 15 to 22 of EU Regulation
2016/679. You can lodge all requests to exercise these rights by writing to
`{maintainer's email}`.

## Right to lodge a complaint

When data subjects or SearXNG providers are in the EEA, the GDPR applies.
Still, whether a data subject considers that the processing of personal data
relating to them as performed via this SearXNG instance infringes the
Regulation, they have the right to lodge a complaint with the competent
Supervisory Authority (Data Protection Authority) according to Article 77 of the
EU Regulation 2016/679.
4 changes: 4 additions & 0 deletions tests/unit/test_webapp.py
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Expand Up @@ -189,6 +189,10 @@ def test_info_page(self):
self.assertEqual(result.status_code, 200)
self.assertIn(b'<h1>Search syntax</h1>', result.data)

result = self.app.get('/info/en/privacy-policy')
self.assertEqual(result.status_code, 200)
self.assertIn(b'<h1>Privacy Policy</h1>', result.data)

def test_health(self):
result = self.app.get('/healthz')
self.assertEqual(result.status_code, 200)
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