Privacy Notice

Thank you for using and for trusting us with your personal information. We take this responsibility, and your privacy, very seriously, and think it's important that you know how we handle it.

This document governs the privacy notice of our website

We understand that if you are visiting our website it is likely you are concerned about your personal privacy or had a data breach and are looking for a secure service to help you out. We strongly believe data privacy is a core foundation for doing business. Our Privacy Notice and practices are focused on processing personal data appropriately and lawfully, while providing confidentiality, integrity and availability.

The Privacy Notice explains the types of information we collect, how we use, share, and secure the information you provide. It also describes your choices regarding use, access, correction or deletion of your personal data.

Article 1: Definitions

This privacy notice shall be read in together with Terms of use, Disclaimer and Cookie Policy incorporated herein by reference, the capitalized terms shall have the same meaning as in our Terms of use, unless otherwise defined below.

DataClaim is considered to be the data controller and will determine the purposes and means of the processing of personal data.

“DataClaim”, “we”, “us”, or “our”, refers to the DataClaim Inc. and/or each of its affiliates as the case may be.

"Member" is someone who has registered with us by (i) submitting a data breach compensation claim, or (ii) signing up for our newsletter, and/or (iii) reporting a potential claim.

“Non-personal data” or “NPD” is information that is in no way personally identifiable.

“Personal data” or “PD” is any information in any form directly or indirectly relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data.

"Visitor" is someone who merely browses our website.

“User" is a collective definition that refers to either a Visitor or a Member.

Article 2: DataClaim Privacy Principles

Our Privacy Notice is based on the following data protection principles:

  • The processing of personal data shall be lawful, fair and transparent;
  • The collection of personal data shall only be performed for specified or reasonably necessary and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  • The collection of personal data shall be adequate, relevant and limited to what is necessary in relation to the purpose for which they are processed;
  • The personal data shall be accurate and where necessary, kept up to date, as reasonably practicable. To help us keep personal data updated, we advise you to promptly inform us of any changes or discrepancies
  • Every reasonable step shall be taken to ensure that personal data that are inaccurate having regard to the purposes for which they are processed, are erased or rectified without unreasonable delay from such discovery, subject to availability of accurate information;
  • All personal data shall be kept confidential and stored in a manner that ensures reasonable security;
  • Personal data shall not be shared with third parties unless the transfer is necessary in order for DataClaim to deliver its services;
  • You have the right to request access to and rectification or erasure of personal data, or restriction of processing, or to object to processing as well as the right of data portability.

Article 3: Your California Privacy Rights

Californian consumers have certain rights under the California Consumer Privacy Act (CCPA). For us to comply with some of these rights, we must be able to reasonably verify a consumer’s identity. These rights include:

  • The right to know what personal information is being collected.
  • The right to know whether your personal information is sold or disclosed and to whom.
  • The right to say no to the sale of their personal information
  • The right to access their personal information.
  • The right to data portability.
  • The right of the deletion of your personal information, subject to certain exceptions, including, but not limited to, legal & compliance and other legitimate necessity to retain data.
  • The right to equal service, price, and not being discriminated against for exercising your privacy rights.
  • To have free access to one or more designated means to enable you to submit requests under the CCPA.
  • The right to designate an authorized agent to make a request on your behalf. When designating an authorized agent, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued form of identification.

Article 4. Collection and Use of personal data

Information We Collect

Generally, you control the amount and type of information that you provide to us when using our website or services. If you would like to use our services and submit information to us, you may be asked to provide personal data in order for us to be able to provide services to you and to improve our business and services. Personal data may be submitted via our website, mobile apps, email, other electronic or software solutions supported or used by us, postal service or phone.

We will process personal data only to the extent required for a specified or reasonably necessary and legitimate purpose or for a purpose required by law in places where we do business or are subject to regulatory requirements.

We primarily collect personal data such as full name, date of birth, addresses, e-mail addresses, telephone numbers, passports/ID’s and national identification numbers, IP address, information about and related to data breach incidents that might affect or have affected you in the past and its implications on you. We collect this personal data for the purpose of delivering our Eligibility Service, Information Service and Justice as a Service in accordance with the agreement with you and our Terms of use. This is the core activity of DataClaim as a business.

Furthermore, we collect personal data for other purposes such as legal & compliance, statistics, administration and communication, IT and security administration, analytics, physical security, authentication and authorization systems, support systems, collaboration and organization of internal teams based on projects and different tasks.

We procure data breach information from third parties, e.g. information on data leaks, data breaches, other unauthorized disclosures of personal data by Organizations etc. This information is NPD, which we combine with PD. This Eligibility Service is used to inform about the likelihood of having an eligible Claim. We will provide our Justice as a Service for eligible Claims you request.

What Happens If You Don't Give Us Your Personal Data?

If you do not provide us with enough or correct personal data, we may not be able to provide you with all our services. However, you can access and use some parts of our website without giving us your personal data.

Use of personal data

We will use personal data for the purpose it is collected, and keep the data for no longer than necessary. We may retain your information for as long as your account is active or as needed to provide services, comply with our legal or other compliance obligations or any of the purposes listed above. Access to personal data is strictly limited to personnel of DataClaim, our external contracted lawyers, and our controlled subsidiaries, affiliates, who have the appropriate authorization under a corporate binding agreement with DataClaim, and a clear business need for the data.

How Your Information Is Used

We use the PD and NPD we receive from you to:

  • Provide our services you have requested or purchased from us
  • Personalize and customize our content
  • Make improvements to our website
  • Contact you with updates to our website
  • Resolve problems and disputes
  • Contact you with marketing and advertising that we believe may be of interest or beneficial to you
  • For legal and other compliance purposes
  • For other purposes specifically states in this Privacy Notice

Use of Cookies

Our website and our partners use cookies or similar technologies to ensure the best user experience and to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Cookies are small text files that are placed on your device to track usage patterns and record preferences. Our cookies do not contain information that can directly identify persons. We gather certain information automatically by the use of cookies and tracking technologies such as Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, the files viewed on our site (e.g. HTML pages, graphics), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer site. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit or disable the use of certain features, or functions on our website or service.

For more information about our use of cookies, please also read our Cookie Policy.

Article 5. Sharing of personal data

  • We will NEVER sell or rent your personal data to third parties for marketing purposes, except only in limited cases if we go out of business, restructuring or business transfer.

We will only share your PD with third parties under the conditions as listed below:

  • if you have given consent; or
  • if it is for a purpose reasonably related to or necessary for the original purpose for which the personal data was collected; or
  • if it is necessary for the preparation, negotiation and fulfilling the Agreement with you and/or providing our services; or
  • if it is required due to legal or compliance requirements, administrative or court order, subpoena, other procedures; or
  • if it is required for the processing, preparation or pursuit or enforcement of legal claims or to defend any court actions; or
  • if it is required for legitimate requests of government authorities, or law enforcement authorities or requirements; or
  • if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.

Occasionally we engage other companies and business partners, in and outside the United States, UK, European Economic Area, to work on our behalf, including but not limited to, as legal representatives, to take Legal Action, and technology companies for processing and delivery of systems and technologies to enhance our products and services, and payment processors, and web analytics companies, and advertising networks, and call centers, and data management services (cloud providers), and help desk providers, accountants, auditors, shopping cart and email service providers, and shipping companies.

We operate responsibly and give proper care to your personal data. We exercise care when selecting and dealing with our providers to ensure your information is secure. Service providers will only be permitted to obtain the personal data that they need to deliver their services (on a “Need to know” basis).

Sharing Information With Attorneys.

When you submit a report for a claim or file for a Claim, your information and/or inquiry will be processed internally and/or forwarded to one of our external legal representatives we work with.

Sharing Information with Data Protection Authorities to assist your Claim and protection of your data

When you submit a report for a claim or file for a Claim, your information and/or inquiry will be processed internally and/or may be forwarded to a national or state data protection authorities and/or enforcement authorities to investigate your data breach and assist your Claim for compensation. This depends on the country of data breach, but typically a data protection or privacy regulator that helps investigate the underlying facts to keep a concerned Organization accountable for a data breach. This may also be useful for the general public if data breach also affects others, however this is done keeping your personal data secured.

Sharing Information With Facebook, Google and Twitter for Marketing Purposes.

According to some surveys up 95% of people don’t know how to deal with data breaches and protect their privacy rights. It is our mission to allow as many people as possible to have access to valuable information about privacy rights and ability to use and benefit from our Information, Eligibility and claim services. In order to spread information about privacy rights and available data protection capabilities, we may share your personal data, excluding your PD about data breach protection intended for legal purposes, with third parties for remarketing/retargeting and similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your PD with for this type of marketing include Facebook, Google and/or Twitter. Using your PD, for similar audience marketing or lookalike audience marketing helps us find new audiences based on similar interests to yours, this helps us to reach and help more people more efficiently. By using our website and agreeing to our privacy notice, you are giving your consent for your PD to be used for the marketing purposes described herein.

Legally Required Releases of Information

We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist your Claim or law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.

Disclosures to Successors

If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business.

We also retain the right to transfer your PD if our company files for bankruptcy or restructuring, and/or if all or part of our assets are sold to another individual or business, or if our company is sold or otherwise taken over.

If you do not want us to share personal data with these companies, please contact at e-mail: [email protected]

Article 6. Your data protection rights

You have the right to request access to and rectification or erasure of personal data, or restriction of processing, or to object to processing as well as the right of data portability, at any time. To help us keep your personal data current and up to date, please promptly inform us of any changes or discrepancies. To view and/or edit personal data, or receive information on how long we intend to retain PD or other questions related to the access to PD, or if you’d like to request that we provide you with information about whether we hold, or process on behalf of a third party, any of your personal data, please contact us at [email protected]. Please allow reasonable time for us to respond to your request.

Article 7. Protecting Children's Privacy

Even though our website is not designed for use by anyone under the age of 18, we realize that a child under the age of 16 may attempt to access our website. We do not knowingly collect PD from children under the age of 16. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information, we may ask for proof of identity to prevent malicious removal of account information. There is a risk that somebody under false pretenses may try to get somebody’s personal information deleted or changed, which we have to avoid by establishing your identity to our reasonable satisfaction. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.

Article 8. Miscellaneous

Protecting the Privacy Rights of Third Parties

If any post or comment you make on our website contains information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our users, we will remove any postings or comments about which we are notified, if such postings or comments violate the privacy rights of others.

Do Not Track Settings

Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website doesn’t comply with such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser's manual.

Applying for a job

For employment applications we may use a third party recruitment tool for management purposes. When applying for a job position at DataClaim personal data will be processed and controlled by DataClaim. Applications shall not be stored for longer than necessary and shared with third parties for screening, due diligence and risk assessments. If you wish to access, rectify, or erase personal data, restriction of processing, or to object to processing as well as use the right of data portability, please submit your request to [email protected]

Marketing emails and Advertising Preferences

Upon consent we are allowed to send marketing emails. This specific form of consent must be freely given, specific, informed and unambiguous. These requirements are fulfilled when you subscribe to our newsletters or email updates, report a data breach, report a new potential claim, or submit a Claim, or otherwise express interest in getting email updates from us.

You have the right to object to the processing of your PD for purposes of direct marketing activities by submitting a free request and without having to provide a specific justification. You can do so by using the “Unsubscribe” link found in emails received from us or by contacting us at [email protected]. If you object, your personal data will no longer be processed for direct marketing.

The marketing emails contain information which we believe may be of interest, such as the latest news on our products and services or useful privacy updates.

  • We will not sell, rent, or trade your email address to any unaffiliated third party without your permission, except only in case of sale or transfer of our business, or if DataClaim is subject to bankruptcy, restructuring, or taken over.

We may partner with a third party to display advertising on our website and/or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising, submit a request at [email protected]. Please kindly note you may continue to receive generic ads.

Links to Other Websites

Our website may contain links to other websites. These websites are not under our control and are not covered by our privacy notice. These websites likely have their privacy notices, which we recommend you review. We have no responsibility for these websites and we provide links to these websites only for your convenience. You acknowledge that you assume all the risk by using such websites. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.

Article 9. Complaints

You have the right to file a complaint regarding processing of your personal data by us. All queries and complaints shall be handled within reasonable time by the DPO in accordance with internal procedures. Complaints can be submitted at [email protected].

In the unlikely event that you consider that our processing of your personal data infringes the GDPR, you may also lodge a complaint with a relevant supervisory authority in your country, it can be referred to as a data protection agency or ICO.

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