Privacy and Cookie Statement

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4. To whom do we provide your personal data?  

We do 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 a contract, or compliance with a legal obligation, or is in the legitimate interests of the Foundation. 

Personal data may be shared with: 

• Atleta B.V. (also known as OneCommunity or Emolife) a party we have engaged to support us with the registration process, website maintenance, and to keep individuals informed about the class action against Tinder; 

• our lawyers, the Amsterdam office of Scott+Scott Attorneys at Law LLP; 

• other possible suppliers (e.g. other software suppliers, our PR-agency, accountants or consultants); 

• opposing parties, including their lawyers or advisers; 

• courts and government institutions; and

• other parties, such as regulators and other authorities if required by law or, if necessary, 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. 

Currently, the Foundation processes all personal data within the European Economic Area.

If in the future we transfer personal data to a recipient in a country outside the EEA that provides a lower level of personal data protection than European law, for example when engaging a new supplier, we will always assess whether this is permissible. The Foundation will ensure that any such transfer of personal data complies with applicable laws and regulations, for example, by entering into standard contractual clauses drafted and approved by the European Commission for that purpose (for more information see this Q&A) or by invoking an adequacy decision of the European Commission and by assessing whether additional measures are necessary to ensure an adequate level of protection for your personal data.

Please do not hesitate to contact us if you would like more information on the existing appropriate or suitable safeguards for the transfer of your personal data outside the EEA or if you would like to receive a copy of these safeguards. 

5. How long do we keep your personal data?  

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

• If we are able to use your personal data in the collective action, 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 Dutch 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. 

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). For the retention period of personal data collected through cookies, please note what is pointed out above in section 3.

6. Security  

We have 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. 

7. Your privacy rights  

You have the following rights concerning the processing of your personal data relating to the class action against Tinder: 

• the right to request whether the Foundation processes your personal data and, if so, to access your personal data and certain information about the processing of your personal data; 

• the right to rectification of your personal data if it is inaccurate 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 transmit your personal data to a third party designated by you in a structured, common and machine-readable form (the “right to data portability”). 

We do 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@stichtingtakebackyourprivacy.nl or by post using the contact details at the beginning of this Privacy and Cookie 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). 

8. Complaints  

If you have a complaint about the processing of your personal data by the Foundation or Scott+Scott, we 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 Dutch Data Protection Authority. If you live or work in another country of the European Union, you can submit a complaint to the supervisory body in that country. 

9. Amendments

We reserve the right to amend this Privacy and Cookie statement. The most recent version of this Privacy and Cookie statement will always be placed on our website https://stichtingtakebackyourprivacy.nl/. 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 and Cookie statement was last amended in December 2024. 

End.