Information about this privacy statement

The Emission Claim Foundation is a foundation under Dutch law formed in connection to with the Act on the Settlement of Mass Damages Claims in Collective Actions (WAMCA), and with its registered office and its principal place of business at Barbara Strozzilaan 101, 1083 HN in Amsterdam (Chamber of Commerce: 81167466 0000). The Emission Claim Foundation (hereinafter ‘we’, ‘us’, ‘our’ or ‘the Foundation’) highly values your privacy and wants to handle your personal data with due care. In this privacy statement you will find information about, among other things, which personal data we process, how we do this and what your rights are. 

Our processing of personal data is subject to the General Data Protection Regulation (‘GDPR’) and related legislation such as, in so far as relevant, the Dutch GDPR Implementation Act ('Uitvoeringswet algemene verordening gegevensbescherming'). For the processing of your personal data we qualify as controller.

We may change or update this policy. If there are 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 statement was published on 20 December 2020.

Overview of this privacy statement

This privacy statement answers the following questions:

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

1. Does this privacy statement apply to me?

This privacy statement applies to persons whose personal data we process as a result of our services. In the capacity of service provider, we process the personal data of:

  • persons who participate in, contribute to or are part of (the preparation of) legal proceedings instituted by us, including but not limited to proceedings pursuant to WAMCA); and/or
  • the persons who approach us in preparation / with a view to (possible) participation in a class action, for example with a request for information; and/or
  • persons who visit our website (emissionclaim.nl) (hereinafter ‘the Website’); and/or
  • persons of whom we otherwise process information during the preparation, execution or settlement of the proceedings and related proceedings and actions, such as mentioning the names of parties or opposing parties in our legal documents.

2. What personal data are processed?

We process the following personal data:

  • name/address and contact details;
  • 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 proof of identity, 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 evidence showing your ownership and/or rights of use of the car;
  • Personal data included in the documents provided to us for the preparation, execution or handling of the proceedings;
  • Information about the use of the Website, such as information about the Websites that are linked to, and the IP-address.

3. For what purposes will my personal data be processed?

We process your personal data for the following purposes: 

  • To execute the agreement we have concluded with you, on the basis of which you have declared that you will have your interests represented by us in this case;
  • To successfully conduct the proceedings and related actions by us (or, in so far as relevant, the exclusive representative), in which we must be able, among other things, to draw up, store and submit information;
  • To comply with legal obligations;
  • The proper functioning of our Website, increasing the ease of use and gaining insights into its use;
  • Being able to send communication so that we can keep you informed of our progress;
  • Marketing and commercial purposes.

4. On what legal basis are my personal data processed?

Your personal data will, to the extent relevant, be processed on the basis of the following legal bases:

  • The performance of a contract with you, so that your interests can be represented as optimally as possible;
  • Your consent;
  • To comply with legal obligations incumbent upon the Foundation;
  • The legitimate interests of us or of a third party, i.e.:
    • the successful preparation, conduct and handling of a procedure and related actions, such as the conduct of settlement negotiations. It is sometimes necessary for us to process personal data of persons with whom we have not entered into an agreement and who have not given their consent. This may include the mentioning natural persons (such as the opposing party) in our legal documents and when submitting evidence.
    • The proper functioning of the Website, increasing the ease of use and gaining insights into its use.

Once you have given your consent for the processing of certain personal data, you have the right to withdraw your consent at any time. Withdrawing your consent may, however, result in us no longer being able to provide you with the best possible service.

5. How long will my personal data be stored?

Insofar as there are no legal retention periods that oblige us to retain certain data for longer, we will not retain your personal data any longer than is 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, regarding the type of vehicle for which most claims have been filed. If you have any further questions about our retention policy, please do not hesitate to contact us. 

6. What measures are taken to protect my personal data?

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

7. What rights can I exercise with regard to my personal data?

 You can exercise various rights with regard to your personal data. Under the GDPR you have the following rights.

Right to access

You have the right to access your personal data. This means that you have the right to hear what personal information of yours is processed and how this information is used.

Right to rectification

We take reasonable steps to ensure that the information we have about you is accurate and complete. However, if you feel that this is not the case, you can ask us to update or change this information.

Right to erasure

You have the right to ask us to erase your personal data, e.g. if your personal data is no longer necessary for the original purpose or if you withdraw your consent.

Right to restriction of processing

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

Right to object
You have the right to object to the processing of personal data, in particular if the processing is based on our legitimate interests. We will then cease the processing of personal data, unless we provide 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 quickly locate your personal data. We may ask you for information that will allow us to identify you.

8. Which parties will receive my data?

We may use the services of third parties to ensure that we can look after your interests and those of the Foundation in the best possible way. This may mean that these service providers will receive your personal data. Most of these service providers qualify as 'processors' and may only process your data under our instructions. We conclude data processing agreements with these parties, which includes the obligation for these parties to take appropriate organizational and technical measures to protect your personal data.

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, we may, if necessary, share personal data with lawyers, counterparties, litigation funders, courts, bailiffs, experts, similar parties and parties making similar claims in other countries. We will anonymise or pseudonymise personal data as much as possible. Finally, we may have to share personal data with third parties in order to comply with a legal obligation. 

9. Will my personal data be passed on to third countries?

We, or any third parties we have engaged, will only store, process or transfer your personal data in countries outside the European Economic Area (‘EEA’) if the applicable laws and regulations are met for the national or international transfer of personal data to countries outside the EEA. 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 ensured in another way, for example through the use of standard contractual clauses.  

10. Does the Foundation use cookies?

 The Foundation uses cookies and similar technology. Cookies are small text files that the provider of a website 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. This does not mean, however, that parties can gain access to your equipment by means of cookies. 

The Website uses two types of cookies:

  1. Functional cookies: these cookies ensure that the Website can function properly and that the ease of use is increased for you.
  2. Analytical cookies: these cookies generate insights into how the Website is used, so that we can optimise the Website.

 

Name of cookie Model Retention period Description
Google Analytics Functional / analytics 26 Months Allows us to capture data about the web visitors (age, gender) as well as country you are viewing the site from
Quantcast Analytics 30 days Will allow information to be collected by Quantcast’s vendors and partners , if this is declined then no cookie will be tracked

 

11.  How can I contact the Foundation if I have any questions about privacy? 

If you have any further questions, if you wish to exercise any of the above rights or if you wish to lodge a complaint with us regarding the processing of your personal data, please contact us at [email protected]. We are of course happy to assist you.

Finally, we find it 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 Dutch Data Protection Authority, via https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/privacyrechten/klacht-indienen-bij-de-ap.