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* Change license link to full (raw link) legal code on options/license * Replace link to full legal code at CC site * Update contrib/legal/tos.html.sample Co-authored-by: techknowlogick <matti@mdranta.net> Co-authored-by: techknowlogick <techknowlogick@gitea.io>
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196 lines
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<!DOCTYPE html>
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<html>
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<head>
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<title>Privacy Policy</title>
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</head>
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<body>
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<h1>Privacy Policy</h1>
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<h4>Last updated: January 29, 2020</h4>
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<h2>Who We Are?</h2>
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<p>Your Gitea Instance</p>
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<h2>What Personal Data We Collect?</h2>
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<p>We collect following personal data (collectively called User Personal Information):</p>
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<ol>
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<li>Registration information (username, email, password, etc.)</li>
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<li>Profile information for your Account (such as your full name, biography, website, gpg key, and location.)</li>
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<li>Usage information (pages you view, your IP address, referring site, session information, and request date and time.)</li>
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<li>Device information (its IP address, client application information, language preference, operating system and application version, device type, ID, model and manufacturer.)</li>
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<li>Git data that you upload to a repository</li>
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<li>Cookies and Similar Technologies</li>
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</ol>
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<p>We may also collect User Personal Information from third-parties (vendors, partners, or affiliates). We don't purchase them from third-party data brokers, though.</p>
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<p>However, we don't intentionally collect sensitive information (such as racial or ethnic origin, political affiliations, religious/philosophical beliefs, biometric data, etc.)</p>
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<!--If you choose to store any of such data on our servers, you are responsible for complying with any regulations regarding them.-->
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<h2>How We Share Information We Collect?</h2>
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<p>We may share your User Personal Information with third-parties under following circumstances:</p>
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<h3>With your Consent</h3>
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<p>We share your User Personal Information, if you consent, after letting you know what information will be shared, with whom, and why. For example, if you allow third party applications to access your Account using <a href="https://docs.gitea.io/en-us/oauth2-provider/">OAuth2 providers</a>, we share all information associated with your Account, including private repos and organizations. You may also direct us through your action on Your Gitea Instance to share your User Personal Information, such as when joining an Organization.</p>
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<h3>With Service Providers</h3>
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<p>We share User Personal Information with a limited number of service providers who process it on our behalf to provide or improve our Service, and who have agreed to privacy restrictions similar to the ones in our Privacy Statement by signing data protection agreements or making similar commitments. Our service providers perform payment processing, customer support ticketing, network data transmission, security, and other similar services. While Your Gitea Instance processes all User Personal Information in the (country/state where Gitea is deployed), our service providers may process data outside of (country/state where Gitea is deployed), the United States or the European Union.</p>
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<h3>For Security Purposes</h3>
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<p>If you are a member of an Organization, Your Gitea Instance may share your username, Usage Information, and Device Information associated with that Organization with an owner and/or administrator of the Organization who has agreed to the Corporate Terms of Service or applicable customer agreements, to the extent that such information is provided only to investigate or respond to a security incident that affects or compromises the security of that particular Organization.</p>
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<h3>For Legal Disclosure</h3>
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<p>Your Gitea Instance strives for transparency in complying with legal process and legal obligations. Unless prevented from doing so by law or court order, or in rare, exigent circumstances, we make a reasonable effort to notify users of any legally compelled or required disclosure of their information. Your Gitea Instance may disclose User Personal Information or other information we collect about you to law enforcement if required in response to a valid subpoena, court order, search warrant, a similar government order, or when we believe in good faith that disclosure is necessary to comply with our legal obligations, to protect our property or rights, or those of third parties or the public at large.</p>
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<h3>Change in Control or Sale</h3>
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<p>We may share User Personal Information if we are involved in a merger, sale, or acquisition of corporate entities or business units. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our Website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we made in our Privacy Statement or Terms of Service.</p>
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<h3>Aggregate, Non-Personally Identifying Information</h3>
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<p>We share certain aggregated, non-personally identifying information with others about how our users, collectively, use Your Gitea Instance, or how our users respond to our other offerings, such as our conferences or events. For example, we may compile statistics on the open source activity across Your Gitea Instance.</p>
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<p>We <b>don't</b> sell your User Personal Information for monetary or other consideration. </p>
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<h2>How We Use Your Information?</h2>
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<p>We may use your information for following purposes:</p>
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<ol>
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<li>We use your Registration Information to create your account, and to provide you the Service.</li>
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<li>We use your User Personal Information, specifically your username, to identify you on Your Gitea Instance.</li>
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<li>We use your Profile Information to fill out your Account profile and to share that profile with other users if you ask us to.</li>
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<li>We use your email address to communicate with you, if you've said that's okay, and only for the reasons you’ve said that’s okay.</li>
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<li>We use User Personal Information and other data to make recommendations for you, such as to suggest projects you may want to follow or contribute to. We learn from your public behavior on Your Gitea Instance—such as the projects you star—to determine your coding interests, and we recommend similar projects. These recommendations are automated decisions, but they have no legal impact on your rights.</li>
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<li>We use Usage Information and Device Information to better understand how our Users use Your Gitea Instance and to improve our Website and Service.</li>
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<li>We may use your User Personal Information if it is necessary for security purposes or to investigate possible fraud or attempts to harm Your Gitea Instance or our Users.</li>
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<li>We may use your User Personal Information to comply with our legal obligations, protect our intellectual property, and enforce our Terms of Service.</li>
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<li>We limit our use of your User Personal Information to the purposes listed in this Privacy Statement. If we need to use your User Personal Information for other purposes, we will ask your permission first. You can always see what information we have, how we're using it, and what permissions you have given us in your user profile.</li>
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</ol>
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<h2>How Your Gitea Instance Secures Your Information?</h2>
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<p>Your Gitea Instance takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information.</p>
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<p>To the extent above, we enforce a written security information program, which:</p>
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<ul>
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<li>aligns with industry recognized frameworks;</li>
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<li>includes security safeguards reasonably designed to protect the confidentiality, integrity, availability, and resilience of our Users' data;</li>
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<li>is appropriate to the nature, size, and complexity of Your Gitea Instance’s business operations;</li>
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<li>includes incident response and data breach notification processes; and</li>
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<li>complies with applicable information security-related laws and regulations in the geographic regions where Your Gitea Instance does business.</li>
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</ul>
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<p>In the event of a data breach that affects your User Personal Information, we will act promptly to mitigate the impact of a breach and notify any affected Users without undue delay.</p>
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<p>Transmission of data on Your Gitea Instance is encrypted using SSH, HTTPS (TLS), and git repository content is encrypted at rest. We host Your Gitea Instance at our hosting partner, which they provide data centers with high level of physical and network security.</p>
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<p><b>Disclaimer:</b> No method of transmission, or method of electronic storage, is 100% secure, therefore, we cannot guarantee absolute security.</p>
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<h2>Cookies and Tracking Usage</h2>
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<h3>Cookies</h3>
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<p>We uses cookies to make interactions with our service easy and meaningful. Cookies are small text files that websites often store on computer hard drives or mobile devices of visitors. We use cookies (and similar technologies, like HTML5 localStorage) to keep you logged in, remember your preferences, and provide information for future development of Your Gitea Instance. For security purposes, we use cookies to identify a device. By using our Website, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device’s ability to accept these cookies, you will not be able to log in or use our services.</p>
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<h3>Tracking and Analytics</h3>
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<p>Out of the box, Gitea doesn't use third-party analytics. In case when we opt in to their usage, we do that to help us evaluate our Users' use of Your Gitea Instance, compile statistical reports on activity, and improve our content and Website performance. We only use these third-party analytics providers on certain areas of our Website, and all of them have signed data protection agreements with us that limit the type of User Personal Information they can collect and the purpose for which they can process the information. In addition, we may also deploy internal analytics software to provide similar functionality.</p>
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<p>Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Your Gitea Instance responds to browser DNT signals and follows the <a href="https://www.w3.org/TR/tracking-dnt/">W3C standard for responding to DNT signals</a>. If you have not enabled DNT on a browser that supports it, cookies on some parts of our Website will track your online browsing activity on other online services over time, though we do not permit third parties other than our analytics and service providers to track Your Gitea Instance Users' activity over time on Your Gitea Instance.</p>
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<h2>Repository Contents</h2>
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<p>Our employees do not access private repositories unless required to for security purposes, for support, to maintain integrity of the Service, or to comply with our legal obligations. While we don't generally search for content in your repositories, we may scan our servers and your content to detect tokens or security signatures, known malwares, or child exploitation imagery.</p>
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<p>If your repository is public, anyone may view its contents. If you include private, confidential or Sensitive Personal Information, such as email addresses or passwords, in your public repository, that information may be indexed by search engines or used by third parties.</p>
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<h2>Public Information</h2>
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<p>Many of our services and feature are public-facing. If your content is public-facing, third parties may access and use it in compliance with our Terms of Service, such as by viewing your profile or repositories or pulling data via our API. We do not sell that content; it is yours. However, we do allow third parties, such as research organizations or archives, to compile public-facing Your Gitea Instance information. Other third parties, such as data brokers, have been known to scrape Your Gitea Instance and compile data as well.</p>
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<p>Your User Personal Information associated with your content could be gathered by third parties in these compilations of Your Gitea Instance data. If you do not want your User Personal Information to appear in third parties’ compilations of Your Gitea Instance data, please do not make your User Personal Information publicly available and be sure to configure your email address to be private in your user profile and in your git commit settings.</p>
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<p>If you would like to compile Your Gitea Instance data, you must comply with our Terms of Service regarding scraping and privacy, and you may only use any public-facing User Personal Information you gather for the purpose for which our user authorized it. For example, where a Your Gitea Instance user has made an email address public-facing for the purpose of identification and attribution, do not use that email address for commercial advertising. We expect you to reasonably secure any User Personal Information you have gathered from Your Gitea Instance, and to respond promptly to complaints, removal requests, and "do not contact" requests from Your Gitea Instance or Your Gitea Instance users.</p>
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<p>In similar fashion, projects on Your Gitea Instance may include publicly available User Personal Information collected as part of the collaborative events.</p>
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<h2>Organizations</h2>
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<p>If you collaborate on or become a member of an Organization, then its Account owners may receive your User Personal Information. When you accept an invitation to an Organization, you will be notified of the types of information owners may be able to see. If you accept an invitation to an Organization with a verified domain, then the owners of that Organization will be able to see your full email address(es) within that Organization's verified domain(s).</p>
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<p>Please note, Your Gitea Instance may share your username, Usage Information, and Device Information with the owner of the Organization you are a member of, to the extent that your User Personal Information is provided only to investigate or respond to a security incident that affects or compromises the security of that particular Organization.</p>
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<p>If you collaborate with or become a member of an Account that has agreed to a Data Protection Addendum (DPA) to this Privacy Policy, then that DPA governs in the event of conflicts between this Privacy Policy and DPA with respect to your activity in the Account.</p>
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<p>Please contact the Account owners for more information about how they might process your User Personal Information in their Organization and the ways for you to access, update, alter, or delete the User Personal Information stored in the Account.</p>
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<h2>How You Can Access and Control the Information We Collect?</h2>
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<p>If you're already a Your Gitea Instance user, you may access, update, alter, or delete your basic user information by editing your user profile. You can control the information we collect about you by limiting what information is in your profile, or by keeping your information current.</p>
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<p>If Your Gitea Instance processes information about you, such as information receives from third parties, and you do not have an account, then you may, subject to applicable law, access, update, alter, delete, or object to the processing of your personal information by contacting our support.</p>
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<h3>Data Portability</h3>
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<p>As a Your Gitea Instance User, you can always take your data with you. You can clone your repositories to your computer, or you can <a href="https://docs.gitea.io/en-us/migrations-interfaces/">perform migrations using the provided interfaces</a>, for example.</p>
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<h3>Data Retention and Deletion of Data</h3>
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<p>In general, Your Gitea Instance retains User Personal Information for as long as your account is active, or as needed to provide you service.</p>
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<p>If you would like to cancel your account or delete your User Personal Information, you may do so in your user profile. We retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile (within reason) within 90 days of your request. Feel free to contact our support to request erasure of the data we process on the bassis of consent within 30 days.</p>
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<p>After an account has been deleted, certain data, such as contributions to other Users' repositories and comments in others' issues, will remain. However, we will delete or de-identify your User Personal Information, including your username and email address, from the author field of issues, pull requests, and comments by associating them with a ghost user.</p>
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<p>That said, the email address you have supplied via your Git commit settings will always be associated with your commits in the Git system. If you choose to make your email address private, you should also update your Git commit settings. We are unable to change or delete data in the Git commit history — the Git software is designed to maintain a record — but we do enable you to control what information you put in that record.</p>
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<h2>Our Global Privacy Practices</h2>
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<p>We store and process the information that we collect in the (country/state where Gitea is deployed) in accordance with this Privacy Statement though our service providers may store and process data outside the (country/state where Gitea is deployed). However, we understand that we have Users from different countries and regions with different privacy expectations, and we try to meet those needs even when the (country/state where Gitea is deployed) does not have the same privacy framework as other countries.</p>
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<p>We provide a high standard of privacy protection—as described in this Privacy Statement—to all our users around the world, regardless of their country of origin or location, and we are proud of the levels of notice, choice, accountability, security, data integrity, access, and recourse we provide. We work hard to comply with the applicable data privacy laws wherever we do business, working with our Data Protection Officer as part of a cross-functional team that oversees our privacy compliance efforts. Additionally, if our vendors or affiliates have access to User Personal Information, they must sign agreements that require them to comply with our privacy policies and with applicable data privacy laws.</p>
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<p>In particular:</p>
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<ul>
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<li>Your Gitea Instance provides clear methods of unambiguous, informed, specific, and freely given consent at the time of data collection, when we collect your User Personal Information using consent as a basis.</li>
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<li>We collect only the minimum amount of User Personal Information necessary for our purposes, unless you choose to provide more. We encourage you to only give us the amount of data you are comfortable sharing.</li>
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<li>We offer you simple methods of accessing, altering, or deleting the User Personal Information we have collected, where legally permitted.</li>
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<li>We provide our Users notice, choice, accountability, security, and access regarding their User Personal Information, and we limit the purpose for processing it. We also provide our Users a method of recourse and enforcement. These are the Privacy Shield Principles, but they are also just good practices.</li>
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</ul>
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<h2>How We Communicate with You?</h2>
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<p>We use your email address to communicate with you, if you've said that's okay, and only for the reasons you’ve said that’s okay. For example, if you contact our support with a request, we respond to you via email. You have a lot of control over how your email address is used and shared on and through Your Gitea instance. You may manage your communication preferences in your user profile.</p>
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<p>By design, the Git version control system associates many actions with a User's email address, such as commit messages. We are not able to change many aspects of the Git system. If you would like your email address to remain private, even when you’re commenting on public repositories, you can create a private email address in your user profile. You should also update your local Git configuration to use your private email address. This will not change how we contact you, but it will affect how others see you.</p>
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<p>Depending on your email settings, Your Gitea instance may occasionally send notification emails about changes in a repository you’re watching, new features, requests for feedback, important policy changes, or to offer customer support. We also send marketing emails, based on your choices and in accordance with applicable laws and regulations. There's an “unsubscribe” link located at the bottom of each of the marketing emails we send you. Note that you can opt out of any communications with us, except the important ones (like from our support and system emails).</p>
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<p>Our emails may contain a pixel tag, which is a small, clear image that can tell us whether or not you have opened an email and what your IP address is. We use this pixel tag to make our email more effective for you and to make sure we’re not sending you unwanted email.</p>
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<h2>Changes to this Privacy Policy</h2>
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<p>Although most changes are likely to be minor, Your Gitea Instance may change our Privacy Statement from time to time. We will provide notification to Users of material changes to this Privacy Statement through our Website at least 30 days prior to the change taking effect by posting a notice on our home page or sending email to the primary email address specified in your account.</p>
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<h2>Contact</h2>
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<p>If you have any concerns about privacy, please contact us at <a href="mailto:privacy@your-gitea-instance">privacy@your-gitea-instance</a>. We will respond promptly, within 45 days.</p>
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<h2>COPYING</h2>
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<p>This document is licensed under CC0 Public Domain License. See <a href="https://creativecommons.org/publicdomain/zero/1.0/legalcode">full legal code here</a>.</p>
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</body>
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</html>
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