Privacy Statement

Version 1.0 | Status: February 5, 2025

This privacy statement explains how the Foundation for Market Information Research, Mr. G. Groen van Prinstererlaan 88 A, 1181 TR Amstelveen, The Netherlands (hereinafter referred to as "SOMI", "Us" or "We") processes your data in connection with the use of the website “twitterclaim.de”.

Compliance with the statutory provisions on data protection is a matter of course for us. Furthermore, we are committed to protecting and respecting your privacy in the best possible way. We therefore inform you below about how and to what extent we use and process the personal data of our users. Please read the text carefully to understand our position and our handling of your personal data and how we handle it. For terms such as "personal data" or "processing", the legal definitions from Art. 4 GDPR are authoritative.

Scope of application

The privacy statement applies to the use of the website "twitterclaim.de". It does not extend to any linked websites or internet presences or apps from other providers.

In particular, this privacy statement does not apply to the linked content of the "somi.nl/en" website. Data processing on "somi.nl/en" is governed exclusively by the privacy statement published there, which you can find here.

Controller

SOMI is the controller for the processing of your personal data.

Questions about data protection

If you have any questions about data protection, you can contact our data protection officer: privacy@somi.nl.

Your rights

You have the following rights with regard to the personal data concerning you, which you can assert against us:

Right to information: You can request information about your personal data that we process in accordance with Art. 15 GDPR.
Right to rectification: If the information concerning you is not (or no longer) accurate, you can request rectification in accordance with Art. 16 GDPR. If your data is incomplete, you can request that it be completed.
Right to erasure: You can request the erasure of your personal data in accordance with Art. 17 GDPR.
Right to restriction of processing: In accordance with Art. 18 GDPR, you have the right to request the restriction of your personal data.
Right to object to processing: You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR pursuant to Article 21(1) GDPR. We will no longer process your data in this case unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, including where the processing serves the establishment, exercise or defense of legal claims (Art. 21 (1) GDPR). You also have the right to object at any time to the processing of personal data concerning you for the purpose of direct marketing in accordance with Art. 21 para. 2 GDPR; this also applies to any profiling insofar as it is associated with such direct marketing. We draw your attention to the right to object in this privacy statement in connection with the respective processing.
Right to data portability: You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format ("data portability") and the right to transmit those data to another controller where the requirements of Art. 20 (1) (a), (b) GDPR are met (Art. 20 GDPR).

You can assert your rights by sending a message to privacy@somi.nl.

If you believe that the processing of your personal data violates data protection law, you also have the right to lodge a complaint with a data protection supervisory authority of your choice in accordance with Art. 77 GDPR. This also includes the data protection supervisory authority responsible for us: Autoriteit Persoonsgegevens, Postbus 93374, 2509 AJ DEN HAAG, Netherlands.

You can find further information on your rights in relation to your personal data, for example, from the European Commission at https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_de.

Safety of processing

We have taken comprehensive technical and organizational precautions to protect your personal data from unauthorized access, misuse, loss and other external interference. To this end, we regularly review our security measures and adapt them to the state of the art.

Use of our website

In principle, you can use our website for purely informational purposes without disclosing your identity. When accessing the individual pages of the website in this sense, only access data is transmitted to our web space provider so that the website can be displayed to you. The following data is processed: Browser type/browser version, operating system used, language and version of the browser software, date and time of access, host name of the accessing end device, IP address, content of the request (specific web page), access status/HTTP status code, websites accessed via the website, referrer URL (the previously visited website), notification of whether the access was successful and amount of data transferred.

The temporary processing of this data is necessary to technically enable the course of a website visit and delivery of the website to your end device. The access data is not used to identify individual users and is not merged with other data sources. Further storage in log files takes place in order to ensure the functionality of the website and the security of the information technology systems. The legal basis for processing is Art. 6 para. 1 sentence 1 lit. f) GDPR. Our legitimate interests lie in ensuring the functionality of the website and the integrity and security of the website. Storing access data in log files, in particular the IP address, for a longer period of time enables us to detect and prevent misuse. This includes, for example, the defense against requests that overload the service or any bot usage. The access data is deleted as soon as it is no longer required to achieve the purpose for which it was processed. In the case of the collection of data for the provision of the website, this is the case when you end your visit to the website. The log data is always stored directly and only accessible to administrators and is deleted after seven days at the latest. After that, it is only available indirectly via the reconstruction of backup tapes and is permanently deleted after a maximum of four weeks.

You can object to the processing. You have the right to object on grounds relating to your particular situation. You can send us your objection using the contact details provided in the "Controller" section

Registration for class action lawsuit against X

Your personal data is processed for the purpose of your registration for the class action against X at the Federal Ministry of Justice. In particular, we process the following data for this purpose: Your first and last name as well as your full address, consisting of street, house number, postal code and place of residence. The processing of this data is necessary to enable your participation in the class action (Art. 6 para. 1 lit. b GDPR). Your personal data will be stored for a limited period of three weeks after the conclusion of the hearing. After this period has expired, your data will be deleted, provided that there are no statutory retention obligations to prevent deletion.

Payment of the registration fee

We process data on payments to SOMI in order to be able to execute the contract on registration for the class action against X. We store all payment data for the statutory retention periods. According to the Dutch General Tax Act, SOMI is obliged to retain financial data for a period of seven years.

You have the option of subscribing to our newsletter by e-mail, with which we will inform you regularly about the following content:

- Current status of our legal proceedings against X
- Our public relations work in connection with the proceedings against X

To receive the newsletter, you must provide your e-mail address. We process this data for the purpose of sending you the newsletter and for as long as you have subscribed to the newsletter. The legal basis for processing is Art. 6 para. 1 sentence 1 lit. a) GDPR. We will process your data until you withdraw your consent.

You can withdraw your consent at any time, either by clicking directly on the unsubscribe link in the newsletter or by sending us a message using the contact details provided under "Controller". This will not affect the lawfulness of the processing carried out on the basis of your consent up to the time of your withdrawal.

In order to document your newsletter registration and prevent the misuse of your personal data, registration for our email newsletter takes place in the form of a double opt-in procedure. After entering your e-mail address, we will send you an e-mail in which we ask you to expressly confirm your subscription to the newsletter by clicking on a confirmation link. In doing so, we process your IP address, the date and time of registration for the newsletter and the time of your confirmation. In this way, we ensure that you really want to receive our email newsletter. We are legally obliged to prove your consent to the processing of your personal data in connection with the registration for the newsletter (Art. 7 para. 1 GDPR). Due to this legal obligation, data processing is carried out on the basis of Art. 6 para. 1 sentence 1 lit. c) GDPR.

You are not obliged to provide your personal data during the registration process. However, if you do not provide the required personal data, we may not be able to process your subscription in full or at all. If you do not confirm your newsletter subscription within 72 hours, we will block the information transmitted to us and delete it automatically after one month at the latest. After your confirmation, your data will be processed for as long as you have subscribed to the newsletter.

If you unsubscribe by exercising your right to withdraw your declaration of consent or object to receiving advertising from existing customers, we will process your data, in particular your email address, to ensure that you do not receive any further newsletters from us. For this purpose, we add your email address to a so-called "blacklist", which prevents you from receiving any further newsletters from us. The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. c) GDPR in order to comply with our obligations to provide evidence, otherwise Art. 6 para. 1 sentence 1 lit. f) GDPR. In this case, our legitimate interests consist in complying with our legal obligations to reliably stop sending you newsletters or other electronic advertising.

Recipients of the personal data

Personal data may be disclosed to the following categories of recipients:

Courts that share jurisdiction for the class action, in particular the Berlin Court of Appeal (Elßholzstraße 30-33, 10781 Berlin)
Lawyers, in particular SPIRIT LEGAL Rechtsanwälte (Neumarkt 16-18, 04109 Leipzig)
Hosting provider
Payment service provider, in particular Mollie B.V., (Kreizersgracht 126, 1015CW, Amsterdam, The Netherlands)
Authorities, in particular the Federal Ministry of Justice

Federal Ministry of Justice

If you register for the class action on our website, we will forward the data you provide during the registration process to the Federal Ministry of Justice (Mohrenstraße 37, 10117 Berlin, datenschutz@bmj.bund.de; hereinafter: BMJ). Further information on data processing at the BMJ can be found at https://www.bmj.de/DE/service/datenschutz/datenschutz_node.html.

Automated decisions

SOMI does not make automated decisions in individual cases.

Changes to the privacy statement

We always keep this privacy statement up to date. We therefore reserve the right to amend the privacy statement with effect for the future, in particular in the event of an adaptation of our website or changes to the legal basis or the corresponding case law. This privacy statement was last amended on 05.02.2025.