1. Private Search Implementation

“Private Search Implementations” refer to any Implementation that is marketed to end-users as one incorporating or offering privacy-enabling features.

A privacy-enabling feature is a technology or tool that enables, facilitates, or enhances a user’s

privacy.

Privacy-enabling initiatives and practices are not considered a feature without an underlying technology. A Publisher’s initiatives or practices around managing, storing, sharing, or giving access to data are not privacy-enabling features, regardless of how those practices are described to the Publisher’s users. For example, a commitment to not share data with third parties is not a privacy- enabling feature.

2. Implementation Requirements

Each Private Search Implementation must pass back to the Web Search Provider the full user IP address and user agent for each Query submitted through such Private Search Implementation.

· All privacy-related claims and representations made to users in connection with a Private Search Implementation (including all marketing materials, ad copies, messaging at the point of distribution, and all other communications to its users) must be consistent with the terms of such Private Search Implementation’s publicly-posted privacy policy and must be presented to the user in a clear and unambiguous manner.

· Each Private Search Implementation’s publicly-posted privacy policy must (1) accurately reflect its privacy practices, (2) directly name and reference the privacy-enabling feature, and (3) accurately identify its data collection practices, including all user data that will be transmitted in connection with such Private Search Implementation to its search services provider.

· All Private Search Implementations must comply with the Guidelines.

· Private Search Implementations must not be marketed or portrayed as a means for accessing or interacting with illegal or nefarious content, or otherwise circumventing the law. This prohibition includes any marketing of the privacy-enabling feature of a Private Search Implementation as a

· means to circumvent government oversight or to privately access disallowed or illegal content (as such content is further detailed in the Guidelines).

· Publishers must not make any representations or claims that the Web Search Provider offers some form of private searching, or that its privacy-enabling feature extends to searches and results that are powered by, provided by, or performed on the Web Search Provider search service.