1. Privacy Statement Google Action
This is the privacy statement of the foundation, Stichting Massaschade & Consument (“M&C”) regarding the collective action against Google (the “Google Action”).
M&C is located at Terweeweg 112, 2341 CW in Oegstgeest. M&C is the data controller for the processing of your personal data in the context of the Google Action as described in this privacy statement. Personal data is collected, processed, and secured in accordance with the General Data Protection Regulation (“GDPR”).
1. Whose personal data do we process?
We process personal data from:
- Individuals who sign up for the Google Action;
- Individuals who wish to stay informed about our activities; and
- Visitors to our website: https://www.massaschadeconsument.nl/ and the campaign website for the Google Action.
2. What personal data do we process?
M&C processes the following personal data:
Category of personal data | Examples |
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Data we collect when you sign up for the Google Action and/or support the Google Action |
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Data collected when you confirm the registration of a minor as the parent/legal representative |
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Data serving as evidence for and substantiation of your claim |
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Data for handling your claim and payment |
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Communication and correspondence with you |
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Data collected through your use of our website |
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Data related to marketing on social media (only if you clicked on one of our advertisements) |
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3. For what purpose and on what basis do we process personal data?
M&C processes your personal data for the following purposes and on the following legal bases:
Purpose and legal basis | Examples |
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Supporting and/or participating in the Google Action | |
To process your support for the Google Action Legal basis: performance of a contract and compliance with a legal obligation (Dutch Act on the Settlement of Mass Damages Claims in Collective Actions) |
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To process your registration for the Google Action Legal basis: performance of a contract and compliance with a legal obligation (Dutch Act on the Settlement of Mass Damages Claims in Collective Actions and general tax and administrative obligations) |
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Legal proceedings and claim handling | |
To prepare, conduct the legal proceedings, and handle your claim, a judicial decision, and/or a settlement Legal basis: performance of a contract and compliance with a legal obligation (Dutch Act on the Settlement of Mass Damages Claims in Collective Actions and tax and administrative obligations) |
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Website usage | |
Facilitating your visit to our website Legal basis: performance of a contract |
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Improving our website Legal basis: M&C's legitimate interest in improving its website |
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Marketing | |
Conducting our (limited) marketing activities Legal basis: M&C's legitimate interest in conducting (limited) marketing activities |
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Other communication | |
Corresponding about the action and activities Legal basis: performance of a contract and consent for newsletter |
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4. What cookies do we use?
M&C uses cookies for the proper functioning of its website (functional cookies). M&C also uses the privacy-friendly analytics tool Matomo to measure and improve information about the effectiveness of our website and campaigns (analytical cookies).
5. How do we obtain personal data?
Most personal data is received directly from you, for example, when you sign up for the Google Action or when you contact us.
We may also receive data from or request data from other parties we collaborate with and public sources.
6. With whom do we share personal data?
Processors
M&C uses services from third parties, such as parties that host our website and database, to process your personal data for the purposes mentioned above. These are processors within the meaning of the GDPR. These parties may only process personal data on M&C's instruction and not for their own purposes. M&C has data processing agreement with these parties.
Other data controllers in the context of the procedure
M&C may share your personal data with other third parties to the extent necessary for the purposes set forth in this privacy statement in the context of (the preparation and/or settlement of) the Google Action, including the legal proceedings. For these purposes, M&C may share personal data with lawyers, opposing parties and other litigants, litigation funders, experts, courts, bailiffs, and similar parties. For making payments, we will share your data with our bank. Where possible, we will always pseudonymize, aggregate, or anonymize the data.
Social media companies
For the limited use that M&C makes of social media such as Instagram and Facebook (only to display advertisements without personalized targeting), M&C is jointly responsible with the respective social media platform. The processing by these social media , for which we are jointly responsible, is limited to processing related to displaying our advertisements on the respective platform. For the processing of personal data for which we are jointly responsible, you can choose to exercise your rights by contacting M&C (as described under 9) and/or the relevant platform.
We point out that social media such as Instagram are separately responsible for other data processing activities, for example, for the use of their platforms.
Other
Moreover, M&C will only share your personal data with third parties if you have given prior consent for this, to comply with (legal) obligations, or if this is necessary for the legitimate interests of M&C and/or third parties.
7. Do we transfer personal data to third countries?
Your personal data is only stored and processed outside the European Economic Area by us or by third parties we have engaged if this complies with the applicable regulations for the transfer of personal data to countries outside the European Economic Area.
For marketing on social media and website analytics, data may be transferred to countries outside the European Economic Area that do not necessarily provide an adequate level of protection. We have concluded (model) contracts of the European Commission with these parties of and have implemented as many additional measures as possible. More information about this can be requested via the contact details at the bottom of this privacy statement.
8. How long do we retain personal data?
M&C does not retain your personal data longer than necessary to achieve the purposes for which your data is collected.
Among other things, the following retention periods are used:
Personal data in active files | Until the procedure has ended and at the end of the archiving period (see below) |
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Personal data in archived files | 20 years from the date the file was archived. If a procedure becomes active again, the retention period starts again |
Personal data in financial administration | 7 years from the relevant fiscal year |
Cookie information | Maximum of 6 months |
9. What are your rights?
Under the GDPR, you have the right to access, correct, restrict, or delete your personal data. You also have the right to withdraw any consent you have given for the processing of your personal data, the right to object to the processing of your personal data by M&C, and the right to data portability. You also have the right to lodge a complaint with the competent supervisory authority. In the Netherlands, this is the Dutch Data Protection Authority (in Dutch: “Autoriteit Persoonsgegevens”).
If you want to exercise your rights regarding your personal data, or if you have any other questions/comments about our data processing activities, please send a detailed request to info@massaschadeconsument.nl. We will respond to your request within the statutory period.
Under certain circumstances, we may refuse a request or only partially fulfill it. We will of course inform you of this.
10. How do we secure personal data?
M&C takes the protection of your personal data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure, and unauthorized alteration. If you believe that your personal data is not properly secured or if there are indications of abuse, please contact us at info@massaschadeconsument.nl.
11. Can M&C change this privacy statement?
This privacy statement was last updated on February 20, 2024. We reserve the right to amend this privacy statement at any time. If there is a substantial change, we will bring this to your attention. Old versions remain available on our website.
Please note: This is a translation of the Dutch privacy statement and is provided for informational purposes only. It may not be legally binding. For official purposes, refer to the original Dutch version of the privacy statement.