“We collect, use, and share the information we have as described above: as necessary to fulfill our Terms; consistent with your consent, which you can revoke at any time; as necessary to comply with our legal obligations; occasionally to protect your vital interests, or those of others; as necessary in the public interest; and as necessary for our (or others') legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data. Learn More” 327. Once the link embedded in the text “Learn More” is selected, the user is brought to the Legal Basis Notice where further information is provided in relation to the identified legal bases. 328. For ease of review, I will proceed with my assessment of the extent to which WhatsApp complies with its obligations pursuant to Article 13(1)(c) by reference to the individual legal bases identified by WhatsApp in the Privacy Policy (and elaborated upon in the Legal Basis Notice). I will set out my views under the heading “assessment” at the end of every section however, for the avoidance of doubt, I will only make a single finding in relation to the extent to which WhatsApp complies with its obligations under Article 13(1)(c), read in conjunction with Article 12(1).
Identified Legal Basis 1: Contractual Necessity What information has been provided? 329. In this section, I will examine whether there has been compliance with Article 13(1)(c), insofar as WhatsApp refers to reliance on the legal basis set out in Article 6(1)(b) (referred to as “contractual necessity”). The Legal Basis Notice provides, in this regard, that: “For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (the Terms of Service, the "Terms"). We describe the contractual services for which this data processing is necessary in Our Services section of the Terms and in the additional informational resources accessible from our Terms. The core data uses necessary to provide our contractual services are:
To provide, improve, customize, and support our Services as described in "Our Services"; To promote safety and security; To transfer, transmit, store, or process your data outside the EEA, including to within the United States and other countries; and To communicate with you, for example, on Service-related issues.
These uses are explained in more detail in our Privacy Policy, under How We Use Information and Our Global Operations. We'll use the data we have to provide these services; if you choose not to provide certain data, the quality of your experience using WhatsApp may be impacted.” 330. As is clear from the above, the user is invited to receive more information by reference to the links embedded in the following text:
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