The purpose of these General Terms and Conditions for Registration for a Class Action (hereinafter the "T&Cs") is to define the conditions under which interested parties may participate in the preparatory phase of the class action initiated and carried out by Stichting Onderzoek Marktinformatie (an association incorporated under Dutch law located at Stationsplein 45, unit A4.004, 3013 AK Rotterdam, The Netherlands), (hereinafter " SOMI").
PREAMBLE
As a qualified European entity, SOMI defends the interests of natural persons, in particular consumers and minors, using online services that infringe their rights at any time, which includes, but is not limited to, infringements of fundamental rights, such as the right to non-discrimination and the right to privacy and the protection of personal data, as well as violations of consumer rights and laws and regulations intended for the protection of minors.
SOMI has initiated this class action described below: facebookclaim.fr (hereinafter, the "Class Action Scope").
ARTICLE 1 – DEFINITIONS
For the purposes of these Terms and Conditions, each of the following terms, when used with a capital letter, shall have the following meanings:
• "Class Action" means, within the scope of the Class Action, legal proceedings initiated by SOMI on behalf of several natural or legal persons who are in a similar situation, resulting from the same breach (or a breach of the same nature) of its legal or contractual obligations committed by a person acting in the exercise of or in connection with its professional activity, an administration or a body responsible for a public service.
• "Membership" refers to the act by which a person joins the Class Action, after the Decision to open the Class Action, under the conditions set by the Decision.
• "Decision to open the Class Action" refers to the decision rendered by the competent court declaring the Class Action admissible and defining the criteria for membership of the group.
• "Registration" means the act by which a person voluntarily participates in the Preparatory Phase by communicating to SOMI the information and documents necessary to enable the association to assess the admissibility of the Class Action.
• "Registrant" means any person who has validly made an Entry.
• "Member of the Group" means any person who has validly made a Membership, by accepting the provisions of the representation mandate, in accordance with the Article 849-17 of the Code of Civil Procedure, and the general conditions of membership annexed thereto.
• "Membership Phase" refers to the judicial phase initiated following the Decision to open the Class Action, during which the competent court defines the objective criteria for membership of the group as well as the terms and conditions of membership.
• "Preparatory Phase" refers to the non-judicial phase prior to any potential Decision to open the Class Action, the purpose of which is to collect, analyse and qualify individual situations, without entailing Membership or conferring on SOMI a mandate to represent within the meaning of Article 849-17 of the French Code of Civil Procedure.
ARTICLE 2 – ACCEPTANCE AND MODIFICATION OF THE T&CS
Any Registration to the Class Action brought by SOMI implies full, complete and unreserved acceptance of these T&Cs, in their version in force on the date of Registration.
The CGI are composed of this contract and the year relating to the referral program. In the event of a contraction, the CGI prevails over the notes.
Before any Registration, Registrants are required to read the Terms and Conditions of Registration made available on the SOMI website, accessible at the following address.
The express acceptance of the GTC is materialized by ticking the appropriate box.
In the event of a change to the GTC, the revised GTC will be posted on SOMI's website, with the last date of update. Any modification of the GTC does not affect Registrations that have already taken place, which remain governed by the version of the GTC in force on the date of their acceptance.
ARTICLE 3 – REGISTRATION FOR THE CLASS ACTION
On the basis of Article 16 of Law No. 2025-391 of 30 April 2025 on various provisions for adapting to European Union law, the Class Action takes place in two distinct phases.
3.1.1 Purpose of the Preparatory Phase
As part of the Preparatory Phase for a possible Class Action, SOMI solicits Registrations from persons in a similar situation, resulting from the same breach (or a breach of the same nature).
The purpose of the Preparatory Phase is to:
- identify the existence of similar situations between Registrants;
- assess the legal admissibility of the Class Action; and
- formalize the summons in support of the Class Action before the competent courts, if applicable.
It is specified that:
- the call for Entries does not constitute an admission or presumption of liability, fault or guilt against any potential defendant;
- the Entries collected cannot, on their own, establish the existence of a breach, liability and/or damage.
- Registrants acknowledge that they are informed of the exploratory nature of the Preparatory Phase.
3.1.2 Conditions for Registration for the Preparatory Phase
Persons wishing to proceed with a Registration must:
- have full legal capacity to carry out the Registration;
- in the event that they are minors, be represented by a legal representative;
- ensure that their situation is likely to fall within the scope of the Class Action initiated by SOMI, without this verification prejudging the admissibility of the action or their subsequent eligibility;
- complete in a sincere, accurate and exhaustive manner the Registration form made available by SOMI in accordance with Article 4 of the General Terms and Conditions of Use;
- communicate, where appropriate, any useful information and documentation to support the description of the damage invoked, it being specified that the transmission of these elements takes place exclusively within the framework of the Preparatory Phase.
Subject to express and prior authorisation, the Registrant may authorise SOMI to present or mention certain factual elements transmitted, in an anonymised or pseudonymised manner, for illustrative purposes, in the context of legal proceedings initiated by SOMI.
Registration:
- does not entail any automatic Membership in the Class Action;
- does not carry any mandate for the purpose of compensation; and
- does not create any automatic right to join the Class Action at a later date.
The Registrant wishing to become a Member of the Group must make a request to this effect, in accordance with Article 3.2 of the General Terms and Conditions.
3.1.4 Financial participation
Registrants may, on a strictly optional basis, make a financial contribution of five (5) euros, intended to support the general actions of defense of fundamental rights carried out by SOMI.
This contribution is voluntary, does not constitute the price of a service, nor the direct or indirect consideration for a service, does not constitute a donation entitling to a tax benefit and is not refundable, unless expressly agreed otherwise by SOMI.
This contribution is in no way obligatory and does not affect the examination or evaluation of the initial file by SOMI and is independent of any future Membership.
Its sole purpose is to contribute to the assumption of part of the costs related to the privacy actions carried out by SOMI at European level.
3.1.5 Referral program
Registrants have the opportunity to benefit from a referral program offered by SOMI, the terms and conditions of which are set out in the Appendix.
3.2. Class Action Membership Phase
If the judge issues a Decision to open the Class Action, any person who meets the criteria for membership of the group may join the group within the period set by the court decision (between two months and five years), in accordance with Article 849-16 of the Code of Civil Procedure.
In order to become a Class Member, any interested person must consult and accept the representation mandate ("Retainer "), in accordance with the terms and conditions set out in applicable law. The Mandate, including the General Terms and Conditions of Membership ("GTC") in the appendix, is available at the following address.
ARTICLE 4 - ACCURACY AND FAIRNESS OF THE INFORMATION COMMUNICATED
The Registrant undertakes to provide SOMI with accurate, complete and relevant information and documents, necessary for the evaluation of his Registration, and declares that the damage invoked is real, personal and directly related to the facts falling within the Scope of the Class Action.
SOMI reserves the right to dismiss any file based on inaccurate, incomplete, outdated or misleading information, or based on falsified, irrelevant or manifestly insufficient documents, without incurring any liability.
Any misrepresentation or breach of the duty of loyalty may result in the exclusion of the data subject from the Class Action, without prejudice to any actions that SOMI or any other party may take on the basis of applicable law.
The processing of the personal data of Registrants in the context of the Class Action is governed by SOMI's Privacy Policy, accessible on SOMI's website at the following address
In accordance with Article 849-13 of the French Code of Civil Procedure, Registration in the Class Action does not constitute or imply membership of SOMI. Registrants do not become members and do not acquire any rights or responsibilities related to SOMI membership.
Any person who has made a Registration may terminate it at any time, without justification, by sending a request to SOMI by email at the following address: welcome@somi.nl.
This request results in the deletion of the Registration.
SOMI acts in accordance with applicable laws and regulations. It cannot be held liable in the event of:
- errors, omissions or inaccuracies in the information provided by Registrants;
- breaches attributable to third parties, including the professionals targeted by the Class Action or the judicial authorities;
- delays, impossibilities of performance or interruptions related to events beyond its control, including cases of force majeure.
The Registrant remains responsible for the information and documents that he/she communicates to SOMI in the context of the Class Action.
ARTICLE 9 – ABSENCE OF WARRANTY
SOMI is bound by an obligation of means and not of result. In particular, it does not guarantee the continuation of the Class Action at the end of the Preparatory Phase, nor its admissibility before the competent courts, nor the recognition of the liability of the potential defendant and/or the compensation of the alleged damages.
The Registrants acknowledge that the Class Action is subject to the sovereign discretion of the competent courts and to the vagaries of the courts, regardless of the diligence and means implemented by SOMI and the mandated counsel.
These T&Cs are written in French. The French version takes precedence over any translation. Any dispute relating to the interpretation, execution or validity of the T&Cs shall be subject to French law and shall fall under the exclusive jurisdiction of the competent French courts.
1. Definitions:
• " Class Action(s)": refers to the legal procedure(s) initiated by SOMI on behalf of several natural or legal persons, who are in a similar situation, resulting from the same breach (or a breach of the same nature) of its legal or contractual obligations committed by a person acting in the exercise or on the occasion of his professional activity, an administration or a body in charge of a public service.
• "SOMI Dispute Certificate 2026" or "Certificate" : means a Dispute Certificate, with a face value of €5, issued by SOMI to each Referrer when one (1) Referee registers for a Class Action under this Referral Program. The Dispute Certificates do not constitute a sum of money that will be paid to you immediately, only the favorable outcome of one or more legal proceedings, under the conditions described below, will allow the Dispute Certificates to be converted into a payment made by SOMI.
• "Referee(s )": refersto the natural person(s) sponsored by the Referrer, in accordance with the conditions stipulated in these Rules.
• "Referrer" or "You" : refers to the natural person who participates in a Class Action initiated by SOMI and who sponsors one or more Referees, in accordance with the conditions stipulated in these Rules.
• "Rules ": refers to these rules, the purpose of which is to define the terms and conditions of participation in the referral program organized by SOMI, as part of which the Referrer sponsors one or more Referee(s).
2. It is reminded that participants in the referral program, whether Referrer or Referee, must imperatively have the status of Registrant and comply with the conditions set out in the GTC.
3. If the Referrer invites a Referee to register with us as a participant in a Class Action, they will receive SOMI Dispute Certificates, with a total face value of EUR 5 per eligible Referee legally joining a Class Action.
4. The Referrer may refer the Referee(s) using a unique referral code that he/she has received via email from SOMI for this purpose. Each referral code can be used by up to 10 Referees (including a maximum of 10 email addresses or phone numbers).
5. Each Referral can use the referral code 3 times and will also receive 5 euros in SOMI Dispute Certificates for each Group Action joined by him.
6. The maximum compensation that the Referrer can receive by inviting Referees to participate in a Group Action is therefore EUR 150 in SOMI Dispute Certificates in the case of three Group Actions. The offer of SOMI Dispute Certificates may be replaced by alternative consideration at SOMI's discretion.
7. The maximum compensation that a Referrer can receive by joining additional Class Actions on their own behalf is currently EUR 10 in SOMI Dispute Certificates. These amounts may increase if and when SOMI launches new Class Actions.
8. If the court rules in favor of SOMI, we will pay up to EUR 25 for every EUR 5 of face value of the SOMI Dispute Certificates. In the event of an unfavourable outcome, these Certificates may be used in the context of a future Class Action. If there is still no favourable outcome after 10 years, these certificates automatically expire without payment.
9. The maximum total compensation for the Referrer, in the event of three successful Group Actions combined within a period of 10 years, for which 10 Referees have been sponsored by the Referrer in accordance with the Regulations, will then amount to a maximum amount of EUR 800.
10. The holder of the referral code can also use this code to participate in other ongoing Group Actions. The maximum number of additional Class Actions in which the Referrer can currently participate is 2, for a total of 3 Class Actions in progress. For the qualification and registration by the Sponsor for each additional Class Action, he or shewill receive SOMI Dispute Certificates with a face value of EUR 5.
11. The Referrer and Referees must download our SOMI app and keep it active on their mobile device for the duration of their SOMI Dispute Certificate so that we can continue to provide them with information regarding the progress of the Group Actions and the results of our efforts.
12. We also check that the Referees have not already registered with us before and/or that they meet all the conditions for participation specific to each Group Action.
13. SOMI reserves the right to withhold SOMI Dispute Certificates if the Referees do not meet the T&Cs and/or the conditions of the Rules. We are not obligated to communicate with the Referrer, as the initiator ofthe referral, the content or the results of this verification.
14. When we manage the Referrer's SOMI Dispute Certificates, we do so through our secure environment (investeren.somi.nl). To log in, the Referrer enters the email address used to register. He then receives a secure login link in his inbox.
15. The Referrer can also subscribe to our newsletter in order to be informed of general news and follow our Group Actions.
16. Failure to comply with any of the provisions of the Rules applicable and in force at any time may result in the exclusion of the right to refer Referees or the revocation of SOMI's Dispute Certificates, with or without compensation, at SOMI's discretion.
17. The purchase of SOMI Dispute Certificates is not governed by these Rules. The Minor Referrer may participate in our Group Actions provided that he or she is represented by his or her legal representative.
18. Registration fees have been charged to join a Class Action. These fees may vary over time and depending on the Group Company or jurisdiction. Before registering, the Referrer is invited to consult the applicable T&Cs.
19. Participation in this referral program implies unreserved acceptance of the Rules in all its provisions.
20. As a Sponsor, doyou have any questions? Please contact us via the contact form on our website or send an e-mail to our general address welcome@somi.nl. The Referrer may communicate in his/her own language or in English.