Privacy statement

INFORMATION ABOUT THIS PRIVACY STATEMENT

Stichting Emissie Claim is a foundation under Dutch law, incorporated under the Act on Settlement of Mass Claims in Collective Actions (WAMCA), having its registered office and principal place of business at Barbara Strozzilaan 101, 1083 HN in Amsterdam (Chamber of Commerce: 81167466). 

Emission Claim Foundation (hereinafter "we", "us", "our" or "the Foundation") values your privacy and treats your personal data with care. In this privacy statement you will find, among other things, information on what personal data we process, how we do so and what your rights are.

Our processing of personal data is subject to the General Data Protection Regulation ('AVG') and related legislation, such as the General Data Protection Regulation Implementation Act. For the processing of your personal data, we qualify as a data controller.

We may amend or update this policy. Should there be any substantive changes to this policy, we will bring them to your attention or we will clearly communicate these changes to you. This version of the privacy notice was published on 4 October 2023.

OVERVIEW OF THIS PRIVACY STATEMENT

This privacy notice answers the following questions:

1. Does this privacy notice apply to me?
2. What personal data are processed?
3. For what purposes are my personal data processed?
4. On what legal basis are my personal data processed?
5. How long will my personal data be kept?
6. What measures are taken to protect my personal data?
7. What rights can I exercise regarding my personal data?
8. Which parties receive my data?
9. Will my personal data be transferred to third countries?
10. Does the Foundation use cookies?
11. How can I contact the Foundation if I have questions about privacy? 

1. DOES THIS PRIVACY NOTICE APPLY TO ME?

This privacy notice applies to individuals whose personal data we process as a result of our provision of services. As a service provider, we process the personal data of:

• persons participating in, contributing to or being part of (the preparation of) legal proceedings instituted by us, including but not limited to proceedings under WAMCA; and/or
• those persons who approach us in preparation / with a view to (possibly) participating in a class action, for example with a request for information; and/or
• persons visiting our website (renault.emissionclaim.co.uk) (hereinafter 'the Website'); and/or
• persons whose data we otherwise process during the preparation, conduct or settlement of the proceedings and related proceedings and actions, such as including the names of parties or counterparties in our legal documents.

2. WHAT PERSONAL DATA ARE PROCESSED?

We process the following personal data:

• First name, last name, e-mail address, postal code, house number, phone number;
• Whether you have (owned) or leased one or more Renault Diesel vehicles. 
• Vehicle number and/or chassis number, as well as other necessary information about your vehicle, such as the make of your car, model and year of manufacture;
• A copy of your identity document, in which your passport photo and Citizen Service Number (BSN) have been rendered illegible;
• International bank account number (IBAN) and payment details;
• Personal data included in the supporting documents showing your ownership and/or rights to use the car;
• Personal data contained in the documents provided to us for the preparation, execution or settlement of the proceedings;
• Data relating to click and browsing behaviour on the Website and on social media such as Meta. Using cookies and pixels on our Website, we collect event data (including cookie ID, device ID, other types of identifiers, pages viewed, IP address, browser type, session duration and HTTP headers); 
• Analytical and statistical data regarding your use of the Website;
• (hashed) e-mail address and/or pseudonymised account id;
• Email communication with you, for example when you approach us, or when you respond to our service emails;
• Other personal data that you otherwise communicate to us.

3. FOR WHAT PURPOSES ARE MY PERSONAL DATA PROCESSED?

We process your personal data for the following purposes:

• In performance of the agreement we have entered into with you on the basis of which you have declared that we will look after your interests in this case;
• In order for the proceedings and related actions by us (or, where relevant, the exclusive representative) to be carried out successfully, which must include the preparation, storage and submission of data;
• To comply with legal obligations;
• The proper functioning of our Website, enhancing ease of use and gaining insight into its usage;
• Communication so we can send you updates on our progress;
• Marketing and commercial purposes, for example so that we can show you relevant ads through Meta.

4. ON WHAT LEGAL BASIS ARE MY PERSONAL DATA PROCESSED?

Your personal data will be processed, where relevant, on the following legal grounds:

• The performance of an agreement with you, so that your best interests can be served;
• Your consent;
• To comply with legal obligations incumbent on the Foundation;
• The legitimate interests of us or a third party, ie:
  1. the successful preparation, conduct and completion of proceedings and related actions, such as settlement negotiations. Sometimes it is necessary for us to process personal data of persons with whom we have not concluded an agreement and who have not given their consent. This includes mentioning natural persons (such as the other party) in our legal documents and when submitting supporting documents.
  2. The proper functioning of the Website, enhancing its ease of use and gaining insight into its use via Google Analytics (privacy-friendly settings), among others.
  3. Marketing, such as showing relevant ads through Meta.

Once you have given your consent to the processing of certain personal data, you have the right to withdraw your consent at any time. However, withdrawing your consent may prevent us from providing you with the best possible service.

5. HOW LONG WILL MY PERSONAL DATA BE KEPT?

Insofar as there are no legal retention periods obliging us to keep certain data for longer, we will not keep your personal data for longer than necessary for the preparation and settlement of legal claims and/or additional proceedings or actions, such as judicial or extrajudicial settlements. If possible, personal data will be pseudonymised or anonymised. We may retain certain anonymised data so that we can maintain statistical insight, for example in relation to the type of vehicle for which most claims have been made. If you have any further questions about our retention policy, please feel free to contact us.

6. WHAT MEASURES ARE TAKEN TO PROTECT MY PERSONAL DATA?

We will take appropriate technical and organisational measures to secure your personal data against loss or unlawful processing. For example, we will protect your personal data from unauthorised access and treat your personal data confidentially. If you have any questions about the measures we have taken, please contact us.

7. WHAT RIGHTS CAN I EXERCISE IN RELATION TO MY PERSONAL DATA?

You can exercise various rights in relation to your personal data. Under the AVG, you have the following rights.

Right of inspection

You have the right to access your personal data. This means that you have the right to find out whether any of your personal data are being processed and, if so, what personal data they are, including additional information.

Right of rectification

We take reasonable steps to ensure that the information we hold about you is accurate and complete. However, if you believe that it is not, you can ask us to update or change your personal data.

Right to data erasure

You have the right to ask us to delete your personal data, for example if your personal data are no longer necessary for the purposes of processing, if you withdraw your consent or if the personal data have been processed unlawfully.

Right to restriction of processing

You have the right to ask us to stop processing your personal data (temporarily), for example if you believe that the personal data we process about you is incorrect.

Right of objection

You have the right to object to the processing of personal data, especially if the processing is based on our legitimate interests. We will then stop processing personal data. In some cases, we may invoke legitimate grounds for processing that outweigh your interests, rights and freedoms.

If you wish to exercise any of the above rights, please contact us using the contact details listed under point 11. We kindly ask you to clearly state who you are and what kind of relationship you have with us, so that we can best help you.

8. WHICH PARTIES RECEIVE MY DATA?

To best serve your interests and those of the Foundation, we may use the services of third parties. This may involve these service providers receiving your personal data. Most of these service providers qualify as 'processors' and may only process your data under our instructions. We conclude processor agreements with these parties, which include the obligation for these parties to take appropriate organisational and technical measures to protect your personal data. We work with DACCS, a processor that provides us with marketing services. DACCS in turn cooperates with parties to perform its services, such as Google for optimising the Website. Google qualifies as a processor in the context of its services and as a data controller for specific processing operations. In addition, Meta is used to show you relevant ads. Meta qualifies as a (joint) controller for these services.

We also use performance-based marketing. Performance-based marketing is a fair form of advertising because the advertiser is remunerated only for actual and measurable results. To make use of this service, we submit anonymous transaction data to an affiliate network. This data includes; product descriptions, sales value, and demographic and geographical characteristics. These cannot be traced back to an individual and are only used and shared for statistical purposes. In addition to anonymous transaction data, we also provide pseudonymised transaction IDs. These transaction IDs are not further shared with other third parties and only used for validation purposes. The technical process also transmits your IP address. This address is only stored anonymised in the affiliate network's system. In addition, we may share your personal data with other parties if this is necessary for the purposes described in this privacy statement in the context of the preparation, execution or settlement of legal proceedings. For example, if necessary, we may share personal data with lawyers, counterparties, litigation financiers, courts, bailiffs, experts, similar parties and parties filing similar claims in other countries. We will anonymise or pseudonymise personal data to the extent possible. Finally, we may need to share personal data with third parties to comply with a legal obligation.

9. WILL MY PERSONAL DATA BE TRANSFERRED TO THIRD COUNTRIES?

We, or third parties engaged by us, will only store, process or transfer your personal data in countries outside the European Economic Area ("EEA") if applicable laws and regulations governing the national or international transfer of personal data to countries outside the EEA, such as the United States, are met. For example, if the European Commission has decided that the third country ensures an adequate level of protection or that the protection of your personal data is otherwise ensured, for example through the use of model contract provisions or Binding corporate rules.

10. DOES THE FOUNDATION USE COOKIES?

The Foundation uses pixels, cookies and similar techniques. The Foundation uses Meta Pixel. This pixel collects information about your browsing behaviour (event data) so that we can show you relevant ads through Meta. In addition, the Foundation uses Google Tag Manager, Google Analytics, Google Enhanced Conversions, Google Ad Manager, Google Ads Customer Match and Google Optimize to gain insight into visitors' browsing behaviour for the proper functioning of our Website, improve the accuracy of your conversion measurements, enhance ease of use, gain insight, target participants and similar individuals with ads and perform referral experiments. To apply performance-based marketing, our affiliate network partner stores data and so-called affiliate cookies and matching processes are used. The use of affiliate cookies, matching data and data storage poses no threat to the privacy of visitors to this website. 

Cookies are small text files that a website provider places on a visitor's equipment. Cookies can be used to make a website function properly, but can also provide information about you or your website visit. However, this does not mean that parties can access your equipment through cookies. 

For example, the Foundation uses tracking cookies from Microsoft, Meta and analytical cookies from Google. In addition, we use Meta Conversion API. This establishes a connection between our server and Meta (server-side tracking) so that web server events can be shared. You can see this as an alternative to tracking cookies.

For more information on the above, see here Meta's privacy statement, here Microsoft's privacy statement and here Google's privacy statement.

The Website uses four types of cookies:

1. Functional cookies: these cookies enable the Website to function properly and improve the ease of use for you.
2. Preferences: these cookies enable the Website to remember, for example, which language you have set.
3. Analytical cookies: these cookies generate insight into the use of the Website, for example the number of website visitors, clicks and page views, so that we can optimise the Website.
4. Tracking cookies: these cookies track your browsing behaviour so that we can show you relevant ads with the help of third-party advertisers.

12. HOW CAN I CONTACT THE FOUNDATION IF I HAVE QUESTIONS ABOUT PRIVACY?

If you have any further questions, wish to exercise any of the above rights or lodge a complaint with us about the processing of your personal data, please contact us at info@emissionclaim.nl. We will, of course, be happy to help you.

Finally, we think it is important to mention that you have the right to lodge a complaint with a supervisory authority about the processing of your personal data. In the Netherlands, you can contact the Personal Data Authority at https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/privacyrechten/klacht-indienen-bij-de-ap.