Review of the Materials being relied upon by WhatsApp 182. In its Response to Investigator’s Questions, WhatsApp advised that it provides users with the information prescribed by Article 13 of the GDPR “via its Privacy Policy … and related pages (which are presented to users when they register to use the Service and are accessible at all times to users thereafter).” 183. WhatsApp provided the Investigator with a copy of the privacy policy (the policy in question bearing a “last modified” date of 24 April 2018) (“the Privacy Policy”) and “related pages” by way of Appendix 2 to its Response to Investigator’s Questions. Appendix 2 was just over 16 pages in length (in the format furnished) and the content is set out by reference to the following main headings: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p.
WhatsApp Privacy Policy Information We Collect How We Use Information Information You And We Share How We Work With Other Facebook Companies Assignment, Change Of Control, And Transfer How The General Data Protection Regulation Applies To Our European Region Users Managing And Deleting Your Information Law And Protection Our Global Operations Updates To Our Policy Contact Information How We Process Your Information WhatsApp Inc., The EU-US Privacy Shield And The Swiss-US Privacy Shield Intellectual Property Policy: Your Copyrights And Trademarks Cookies
184. For the sake of completeness, I note that WhatsApp expressly referenced a further document in its Response to Investigator’s Questions. In response to Question 4, WhatsApp confirmed that it “identifies the purposes of processing personal data and the legal bases for such processing in the Privacy Policy and the ‘How We Process Your Information’ notice … ” [emphasis added]. WhatsApp provided the Investigator with a copy of this (undated) notice (“the Legal Basis Notice”) by way of Appendix 4 to its Response to Investigator’s Questions. This document, in the format furnished, was 4.5 pages in length. Temporal Scope of this Assessment 185. For the avoidance of doubt, the assessments recorded in Parts 2 and 3 of this Decision reflect an assessment of the material relied upon by WhatsApp, as available to the public at the date of commencement of the within inquiry (10 December 2018). I have not had regard to any amendments that might have been made to the material provided in the intervening time, save insofar as those amendments have rendered it unnecessary for me to issue a previously proposed direction to WhatsApp, as regards the remedial action required to address an identified issue that is not directly the subject of any finding (of infringement or otherwise).
How the User accesses and interacts with the Materials provided
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