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:


  1. Individuals who sign up for the Google Action;
  2. Individuals who wish to stay informed about our activities; and
  3. 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

Data we collect when you sign up for the Google Action and/or support the Google Action

  • Name
  • Email address
  • Phone number
  • Date of birth
  • Country
  • Use of Android smartphone
  • Login details
  • Address
  • Place of residence
  • If necessary, consent from your legal representative
  • IP (hashed)
  • Date and time of your registration
  • Language browser

Data collected when you confirm the registration of a minor as the parent/legal representative

  • Child&aposs name
  • Name of parent/legal representative
  • Date and time of confirmation of registration
  • Email address of parent/legal representative
  • Phone number of parent/legal representative

Data serving as evidence for and substantiation of your claim

  • Data about your use of the services covered by the Google Action
  • Data about the device you use to access the services covered by the Google Action
  • User agent (browser and operating system)

Data for handling your claim and payment

  • IBAN
  • Amount of compensation

Communication and correspondence with you

  • Email address
  • Name, address, and place of residence
  • The content of the messages
  • Content (direct) messages sent to us via social media

Data collected through your use of our website

  • IP address
  • Cookies and information collected via cookies
  • Device information, including your browser
  • Information about the effectiveness of our website and campaigns, through the privacy-friendly analytics tool Matomo (visited page, behavior on the page, referring website, operating system, type of device, and country)

Data related to marketing on social media (only if you clicked on one of our advertisements)

  • Aggregated demographic data about the individuals to whom our advertisements are shown

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

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)

  • To demonstrate the size of the group of people in the Netherlands supporting the Google Action in the context of the collective action
  • To demonstrate that the group of people in the Netherlands supporting the Google Action has utilized Google's services to which the Google Action pertains
  • To show the size of the group of people in the Netherlands supporting the Google Action on our website
  • To inform you by email about developments regarding the Google Action and the possible follow-up steps and requirements for registration

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)

  • Corresponding about your participation
  • Involving you in important decisions in the Google Action
  • Maintaining records
  • Informing you that you have an opportunity to opt-out of the Google Action
  • Complying with legal tax, information, and administrative obligations

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)

  • Conducting settlement negotiations and/or legal proceedings
  • Corresponding about your claim
  • Handling payments (paying compensation)
  • Maintaining records
  • Complying with legal tax and administrative obligations
  • Implementing an opt-out

Website usage

Facilitating your visit to our website

Legal basis: performance of a contract

  • Providing a functioning website
  • Granting access to your personal account
  • Providing a secure website

Improving our website

Legal basis: M&C's legitimate interest in improving its website

  • Measuring behavior on the website with the privacy-friendly analytics tool Matomo
  • Improving our website

Marketing

Conducting our (limited) marketing activities


Legal basis: M&C's legitimate interest in conducting (limited) marketing activities

  • Displaying M&C's advertisements on social media
  • Measuring the effectiveness of our marketing activities

Other communication

Corresponding about the action and activities

Legal basis: performance of a contract and consent for newsletter

  • Answering a question, comment, request, or complaint when you contact us
  • Providing you with updates on the action
  • Informing you about our other actions and activities if you have signed up for them

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 filesUntil the procedure has ended and at the end of the archiving period (see below)
Personal data in archived files20 years from the date the file was archived. If a procedure becomes active again, the retention period starts again
Personal data in financial administration7 years from the relevant fiscal year
Cookie informationMaximum 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.