Latest update 4 April 2022

Privacy statement

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Privacy Statement Consumer Competition Claims Foundation

The Consumer Competition Claims Foundation (hereinafter: "the Foundation") aims to promote the interests of injured parties who are confronted with fraudulent, misleading or unfair commercial practices which are unlawful under the applicable regulations, including (European) competition law, (European) consumer law. You can read more about this in our Articles of Association.

In order to promote these interests, we may process personal data, for example when you contact us, when you supply us with products or services, when you visit our website or when you participate as a participant in a collective action or other procedure we initiate.

The term "personal data" means any information relating to an identified or identifiable natural person. When processing your personal data, the Foundation qualifies as the data controller within the meaning of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

The contact details of the Foundation are as follows:

Keizersgracht 241
1016 EA Amsterdam
info@consumercompetitionclaims.com

  1. Whose personal data do we process?

  2. We process personal data of:

    • persons who register as participants;
    • persons who supply us with products and/or services;
    • persons visiting the Foundation's website;
    • persons with whom we have contact in connection with our activities.

  3. What personal data do we process?

    • When you contact us, the Foundation may process the following (categories of) personal data:

      Name and address details

      surname, first names, initials, title, gender, address, zip code, place of residence

      Other (contact) data

      telephone number, e-mail address and similar data required for communication

      the content of your question, request or message, as provided by you and our response to it


    • When supplying products or services to us, the Foundation may process the following (categories of) personal data of persons from whom the Foundation purchases products or services or who are employed by these suppliers:

      Name and address details

      surname, fist names, initials, title, gender, address, zip code, place of residence

      Other (contact) data

      telephone number, e-mail address and similar data required for communication

      data for the purpose of placing orders, purchasing services, calculating and recording fees and expenses and making payments and collecting receivables, including the bank account number as provided by the supplier

      other data of suppliers whose processing is required by or necessary in order to comply with applicable laws or regulations


    • In order to protect our interests and more specifically within the framework of the (preparation of the) legal proceedings we conduct, we may process the following personal data of, among others, persons involved, opposing parties and other third parties (e.g. journalists or representatives of persons involved):

      Name and address details

      surname, first names, initials, title, gender, address, zip code, place of residence

      Other contact details

      telephone number, e-mail address and similar data required for communication

      data concerning (electronic) messages from or intended for third parties and data necessary to maintain contact with these third parties

      data for the purpose of handling the proceedings, including data on the opposing party and/or data on other persons involved

      other third party data obtained from public sources or provided to the Foundation by you, other parties or third parties


    • If you are a participant in the Apple class action we may process the following personal data of, among others, injured parties, opposing parties and other third parties in connection with the preparation of the lawsuit and any enforcement of a judgement or settlement:

      Name and address details

      surname, first names, initials, title, gender, address, zip code, place of residence

      Other contact details

      telephone number, e-mail address and similar data required for communication

      Data required for the payment of any compensation, such as IBAN data, insofar as disclosed to us

      the signed participation agreement that you give to the Foundation

      data concerning (electronic) messages from or intended for third parties and data necessary to maintain contact with these third parties

      data for the purpose of handling the proceedings, including data on the opposing party and/or data on other involved parties

      third-party data obtained from public sources or provided to us by you, opposing parties or other third parties

      other data whose processing is required by or necessary in order to comply with a judicial decision or applicable laws or regulations


    • When you visit our website, we and our partners may process the following personal data from you. We use cookies to process this information. You may find our cookie statement here.

      Details concerning your visit to our website Your IP address, browser, device information, the time of your visit, registration as a participant, other activity on our website, cookies and information collected through cookies

  4. On what basis and for what purposes does the Foundation process your personal data?

  5. The Foundation processes your personal data on the basis of one or more of the following legal bases:

    1. when this is necessary for the performance of a contract to which you are a party (e.g. when you conclude a participation agreement) or to take steps at your request prior to entering into a contract;
    2. when this is necessary for compliance with a legal obligation;
    3. when this is necessary for the purposes of our legitimate interests or the interests of a third party;
    4. with your consent.

    When the Foundation processes your personal data on the basis of your consent, the Foundation will ask you for this separately. You may withdraw your consent at any time. The Foundation points out that withdrawing your consent does not affect the lawfulness of the processing of your personal data prior to the withdrawal of consent.

    The Foundation uses the above personal data for the purposes set out below, indicating for each purpose on the basis of which the Foundation does this (1 to 4). When a processing is based on 'legitimate interests', this interest is briefly explained. If you have specific questions about this, you can always contact us.

    Purposes with their corresponding legal bases:

    Purpose

    Principles

    Furtherance of our statutory objectives, including but not limited to conducting legal proceedings against Apple, including starting a collective action in court and paying any damages to injured parties

    Legitimate interest, performance of a contract, compliance with legal obligations, and with consent

    Explanation of legitimate interest:

    Our legitimate interest and that of the injured parties in taking action against unfair commercial practices, violation of (European) competition law, violation of (European) consumer law or other fundamental or legal rights

    Processing of your participation

    Legitimate interest, performance of contract, compliance with legal obligations

    Explanation of legitimate interest:

    Our legitimate interest and that of the injured parties in taking action against unfair commercial practices, violation of (European) competition law, violation of (European) consumer law or other fundamental or legal rights

    Administration Foundation: receiving, assessing, corresponding about, processing and handling your claim, calculating or recording fees or benefits, income and expenses, paying and collecting debts

    Legitimate interest, performance of a contract, compliance with legal obligations and with consent

    Explanation of legitimate interest:

    To keep accurate records

    Handling of any complaints about the Foundation and any disputes arising from these complaints

    Legitimate interest, performance of a contract, compliance with legal obligations

    Explanation of legitimate interest:

    To defend rights, to maintain and improve existing relations through proper complaint handling and to improve the quality of services

    To provide access to the Foundation's website and to adequately secure and improve the website

    Legitimate interest

    Explanation of legitimate interest:

    To provide a well-functioning website

    To measure the effectiveness of our marketing campaign and to show personalized advertisements
    Consent

    Keeping in touch and communicating with you

    Legitimate interest, compliance with legal obligations, performance of a contract and with consent

    Explanation of legitimate interest:

    The importance of answering questions and responding to your requests and messages

    For purchasing services or placing orders

    Legitimate interest, compliance with legal obligation and performance of a contract

    Explanation of legitimate interest:

    The Foundation's interest in keeping proper records

    For conducting audits and other internal controls

    Legitimate interest, compliance with legal obligations and performance of a contract

    Explanation of legitimate interest:

    To keep accurate records

    To fulfil our legal and regulatory obligations

    Compliance with legal obligations and legitimate interest

    Explanation of legitimate interest:

    The Foundation’s interest in fulfilling these obligations


  6. Cookies?

  7. If you visit our website, we use cookies to process your personal data. 

    We use functional cookies to make our website work. In addition, we use analytics cookies to find out how people engage with our website. Functional cookies and analytics cookies that have no or limited consequences for data subjects’ privacy rights fall under the exception of Article 11.7a(3) of the Dutch Telecommunications Act. Therefore we do not need to ask permission to place them.  

    If you consent to their use, we use tracking cookies. Tracking cookies are cookies that can track visitors as they browse other websites. These cookies allow us and our partners to track the effectiveness of our marketing campaign and to display personalized advertising.

    You may find more information about the cookies we use in our Cookie Statement.

  8. To whom do we provide your personal data?

  9. The Foundation does not provide your personal data to third parties ('recipients' within the meaning of the applicable privacy legislation), unless this is necessary for the proper performance of the purposes described in this Privacy Statement, when this is legally required or when you have given your consent to this end. 

    Personal data may be shared with:

    • Emolife Connect B.V. , a party we have engaged to support us with the signup process, and to keep individuals informed about the class action against Apple;
    • our lawyers, Scott+Scott Attorneys at Law LLP;
    • other possible suppliers (e.g. other software suppliers, accountants or consultants);
    • opposing parties, including their lawyers or advisers;
    • courts and government institutions;
    • other parties, such as regulators and other authorities if required by law or with your consent.


    The third parties to whom the personal data are made available are obliged to treat your personal data confidentially. If these parties are regarded as 'processors' within the meaning of the privacy legislation, the Foundation will ensure that a processing agreement is concluded with them that meets the requirements set out in the GDPR. Third parties engaged by the Foundation that offer services as independent controllers are themselves responsible for the (further) processing of your personal data in compliance with the applicable privacy legislation. These may include accountants, lawyers and parties who are engaged to provide an opinion or expert report.

    We use cookies from Meta for the purposes of tracking visitor activity on our website, and for creating and optimizing personalized or suitable advertisements. The Foundation is jointly responsible with Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Meta”) for the collection and transfer of data to Meta for these purposes. The Foundation and Meta have entered into a Controller Addendum to determine their respective responsibilities for GDPR compliance with regard to the joint controllership. The Foundation and Meta agreed that the Foundation is responsible for informing you about this joint controllership agreement. The information required by Article 13(1)(a) and (b) GDPR can be found in Meta’s Data Policy. You may find more information about the cookies we use in our Cookie Statement.

    Meta is a sole controller when it comes to processing that takes place after the collection and transmission of personal data by Meta cookies to Meta. With regard to these subsequent processing activities, Meta is solely responsible for enabling data subjects’ rights under Articles 15-20 of the GDPR. Further information on how Meta processes Personal Data, including the legal basis it relies on and the ways to exercise data subject rights against it, can be found in Meta’s Data Policy.

    The Foundation may transfer personal data to a recipient in a country outside the European Union that offers a lower level of protection of personal data than the European legislation. In that case, the Foundation will ensure that such a transfer of personal data complies with the applicable laws and regulations, for example by concluding standard contractual clauses drawn up and approved for that purpose by the European Commission, and assessing whether additional measures are needed to guarantee an adequate level of protection for your personal data. Please do not hesitate to contact us if you would like to receive more information on the existing appropriate or suitable safeguards for the transfer of your personal data outside the European Union or if you would like to receive a copy of them.

  10. How long do we keep your personal data?

  11. The Foundation will not retain your personal data in an identifiable form any longer than is necessary to achieve the purposes set out in this Privacy Statement. More specifically, we apply the following retention periods:

    • If we are able to use your personal data in the collective action against Apple, we will retain it for as long as is necessary for the purposes of the proceedings and for five years after the collective action is finally concluded and settled.
    • We keep the personal data we process when you contact us as long as this is necessary to provide a final answer your question or request. If we are able to use the content of your message in legal proceedings, we will save your message for as long as this is necessary for the proceedings and up to five years after completion of the legal proceedings.
    • If you submit a complaint to us, we will delete the personal data processed in connection with this complaint no later than two years after the complaint and/or the resulting legal proceedings have been completed.
    • Personal data that must be kept in the records pursuant to Section 52 of the General Act on State Taxes (AWR) will be kept for 7 years (from the end of the year in which the data in question lost its current relevance for the (tax) business operations) in connection with the tax retention obligation incumbent on the Foundation pursuant to Section 52(4) of the AWR.
    • Our cookie statement contains an overview of the individual cookies we use, and when they expire.


    The specific retention periods mentioned above can be extended if legal retention obligations apply/become applicable. The Foundation may also retain personal data for a longer period if this is necessary in order to complete incidents and/or legal disputes (e.g. between you and the Foundation).

  12. Security 

  13. The Foundation has taken appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against loss, destruction, damage, modification or disclosure. If you have any questions about the security of your personal data, or if you suspect or have evidence of misuse, please contact us via info@consumercompetitionclaims.com.

  14. Your privacy rights

  15. You have the following rights concerning the processing of your personal data by the Foundation:

    • the right to ask whether the Foundation processes your personal data and, if so, to have access to your personal data and certain information about the processing of your personal data;
    • the right to rectification of your personal data if these are incorrect or incomplete;
    • the right to have your personal data erased (the 'right to be forgotten');
    • the right to object to the processing of your personal data or to restrict the processing of your personal data;
    • the right to withdraw consent to the processing of your personal data if the processing is based on your consent;
    • the right to receive or transfer your personal data to a third party designated by you in a structured, commonly used and machine-readable form (the 'right to data portability').

    The Foundation does not make use of automated decision-making within the meaning of Article 22 of the GDPR.

    To exercise your rights, please contact the Foundation at info@consumercompetitionclaims.com or by post using the contact details at the beginning of this Privacy Statement.

    In order to prevent the Foundation from providing information to the wrong person, the Foundation may request additional information to verify your identity. In principle, the Foundation will inform you within one month after receipt of your request whether it can comply with your request. This deadline may be extended by two months in specific cases, e.g. if the request is complex. The Foundation will inform you of such an extension no later than one month after receipt of your request. On the basis of the applicable privacy legislation, the Foundation may refuse your request under certain circumstances. If this is the case, the Foundation will explain why. More information on your privacy rights can be found on the website of the Dutch Data Protection Authority (in Dutch).

  16. Complaints

  17. If you have a complaint about the processing of your personal data by the Foundation, the Foundation will try to resolve it with you. If this does not lead to the desired result, you have the right to submit a complaint to the competent supervisory body. In the Netherlands, this is the Netherlands Authority for the Protection of Personal Data (Autoriteit Persoonsgegevens). If you live or work in another country of the European Union, you can submit a complaint to the supervisor in that country.

  18. Changes

  19. The Foundation reserves the right to amend this Privacy Statement. The most recent version of this Privacy Statement will always be placed on our website www.consumercompetitionclaims.com. If there are substantial changes that could significantly affect one or more data subjects, the Foundation aims to inform these data subjects about this immediately. This Privacy Statement was last amended in April 2022.

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