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TikTok Data
Claim UK
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Privacy Policy

TikTokDataClaim.UK | Privacy Policy

Updated and effective as of 20 April 2021

TOPICS

This Privacy Policy is divided into the following sections:

 

ABOUT US

We act for the Claimant in class action lawsuit, SMO (a child) v TikTok Inc (and others) [QB-2020-004576]. We refer to this as the “Case” in this Privacy Policy.  SMO, acting by her Litigation Friend, Anne Longfield, has brought the Case against TikTok Inc and various companies in the Bytedance group (“Defendants”) alleging that the Defendants have unlawfully processed her personal data and that of other children.  SMO brings the claim as a representative of all children in the UK and EEA whose personal data has been processed by the Defendants in this way.

This Privacy Policy explains how we collect, use and disclose personal information that we receive when you visit and use the Site, communicate with us, or otherwise interact with us, whether online or offline.

It is important that you read this Privacy Policy so that you are fully aware of how and why we are using your data.

The Site is owned and operated by Scott+Scott UK LLP, a limited liability partnership registered in England with company number OC402307 and having its registered office at St. Bartholomew House 90-94, Fleet Street, London, England, EC4Y 1DH (“Scott+Scott”, “we”, “us” or “our”).

Scott+Scott jointly controls the data it processes through the Site along with its affiliated firms, namely Scott+Scott Attorneys at Law LLP and Scott+Scott Germany LLP. If you would like information regarding the joint controller arrangement in place between these parties, please contact us using the contact details set out below.

 

CONTACTING US

If you have any questions about this Privacy Policy or wish to exercise any of your rights as described in this Privacy Policy, you can contact our Data Protection Officer at dpo@scott-scott.com.

 

PERSONAL INFORMATION WE COLLECT

Information you give us

You may provide us with personal information, including when you:

  • register your interest in the claim;
  • sign up to participate in the Case;
  • opt out of participation in the Case;
  • sign up to receive updates regarding the Case;
  • communicate with us (whether through the Site, by email or phone).

The categories of personal information you provide include:

  • name;
  • contact details;
  • communication preferences;
  • number of children in your household; and
  • preferences in relation to the Case.

We will indicate to you where the provision of certain personal information is required in order for us to provide you certain services. If you choose not to provide such personal information, we may not be able to provide the services you have requested.

Information we process automatically

We also collect, store and use information about your computer, tablet, mobile or other device through which you access the Site. This includes the Internet protocol (IP) address, browser type, internet service provider, device identifier, your login information, time zone setting, browser plug-in types and versions, preferred language, activities, operating system and platform, and geographical location.

Information we collect from third parties

We may obtain personal information about you from the following third parties:

  • third party service providers, such as client due diligence providers and Case administrators;

Children

If you are under 16 and believe the Case to be relevant to you, you must have your parent sign up to the Case on your behalf.

WHAT WE DO WITH YOUR PERSONAL INFORMATION

We will only use your personal information if we have a legal basis for doing so. The purpose for which we use and process your information and the legal basis on which we carry out each type of processing is explained in the table below.

Purposes for which we will process the information Legal Basis for the processing
To register your interest in participating in the Case  or opt you out of participation in the Case Consent.
To carry out identity and anti-money laundering checks to comply with our regulatory requirements. Compliance with a legal obligation.
To keep you updated with the latest developments regarding the Case. Consent.
To respond to your queries about the Case and provide you with information and materials that you request from us. It is in our legitimate interests to respond to your queries and provide any information and materials requested in order to make sure that participants are aware of the Case and that they are fully informed about the implications of it.
To progress the Case against the Defendants before the courts. Performance of a contract.
To send you information regarding changes to our policies, other terms and other administrative information such as technical notices, updates and security alerts. It is in our legitimate interests to ensure that any changes to our policies, terms and other such technical updates are communicated to you.
To administer the Site, including resolving technical issues, troubleshooting, data analysis, testing, research, statistical and survey purposes. It is in our legitimate interests to continually monitor and improve the Site and to ensure network security.

 

DISCLOSURE OF YOUR PERSONAL INFORMATION
TO THIRD PARTIES

We may share your personal information with the following third parties (as required in accordance with the uses set out above):

  • Joint controllers: we may share your personal information with the joint controllers referred to in the “About us” section above.
  • Service providers: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing email, web hosting, client due diligence or Customer Relationship Management services.
  • Other parties involved in the Case: we may share your personal information with other parties involved in the Case, including (i) our professional advisors (such as our barristers and funders), (ii) the Defendants and their professional advisors and (iii) the courts.
  • Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements; and/or (iii) exercise or protect the rights, property, or personal safety of Scott+Scott or others.
  • Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets, reorganisation, financing or acquisition of all or a portion of our business.

We will not sell, rent, lease or otherwise share your personal information except as outlined in this Privacy Policy or without obtaining your consent beforehand.

 

INTERNATIONAL TRANSFERS

As detailed above, we may share your data with the joint controllers referred to above, certain of which are located in the USA. We may also share your data with certain third party service providers based outside of the United Kingdom (“UK”) and European Economic Area (“EEA”).

Where personal information is transferred to and stored in a country not determined by the UK or European Commission as providing adequate levels of protection for personal information, we take steps to provide appropriate safeguards to protect your personal information, including by entering into standard contractual clauses approved by the UK government or the European Commission, obliging recipients to protect your personal information.

If you would like further information on the specific mechanism used by us when transferring your personal information outside of the UK or the EEA, please contact us using the details set out in the Contacting Us section above.

 

SECURITY OF YOUR PERSONAL INFORMATION

We use appropriate technical and organisational security measures (including encryption) to protect personal information both online and offline from unauthorised use, loss, alteration or destruction.

Where data processing is carried out on our behalf by a third party, we take steps to ensure that appropriate security measures are in place to prevent unauthorised disclosure of personal information.

Despite these precautions, however, we cannot guarantee the security of information transmitted over the internet or that unauthorised persons will not obtain access to personal information.

 

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. Unless otherwise ordered by the Court, we will retain your personal information for a maximum period of 6 years after the Case has ended.

 

YOUR RIGHTS

In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:

  • Right of access. You have the right to obtain access to your personal information.
  • Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
  • Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
  • Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
  • Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
  • Right to object. You have a right to object to any processing based on our legitimate interests in certain circumstances. You can also object to our direct marketing activities for any reason by clicking the “unsubscribe” link set out in any marketing communication you receive.
  • Right to withdraw consent. If you have provided consent to any processing of your personal information, you have a right to withdraw that consent but without affecting the lawfulness of processing based on consent before its withdrawal.

Please note that not all of the above rights are absolute and we may be entitled to refuse requests, wholly or partly, where exceptions under the applicable law apply.

For example, we may refuse a request for erasure of personal information where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defence of legal claims.

 

EXERCISING YOUR RIGHTS

You can exercise any of your rights as described in this Privacy Policy and under data protection laws by contacting us as provided in the Contacting Us section above.

Save as described in this Privacy Policy or provided under data protection laws, there is no charge for the exercise of your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested; or (b) refuse to act on the request.

Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm your identity.

 

LINKS

The Site may, from time to time, contain links to and from the websites of our business partners, advertisers and affiliates and to other documents and information that we consider relevant to the Case. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

 

COMPLAINTS

If you have any questions or concerns regarding our Privacy Policy or practices, please contact us as provided in the Contacting Us section above. If you are located in the UK or EEA, you also have the right to complain to your local data protection supervisory authority. In the UK, this is the Information Commissioner’s Office (https://ico.org.uk/). If you are in the EEA, you can find your local supervisory authority here.

 

CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time. Any changes will be posted on the Site with an updated revision date. If we make any material changes to this Privacy Policy, we may notify you by email or by means of a prominent notice on the Site prior to the change becoming effective.