Last updated: 5 November 2026
Data controller
The data controller is Mischa Sigtermans, initiator of HW3 Claim (hw3claim.nl). This initiative is private and independent from Tesla. Because Mischa Sigtermans started this initiative as a natural person, no home address is published. Once it has been made public which foundation will (be able to) bring the case as collective representative under the WAMCA, that foundation's correspondence address will be communicated. Until then, you can reach us at contact@hw3claim.nl and for privacy requests at privacy@hw3claim.nl.
Which data we process
Name, email address, postal code, country, optional phone number, VIN, vehicle model, year of manufacture and hardware version, the catalogue value of your vehicle (fetched automatically from the RDW vehicle register where possible, or entered or adjusted by you), information about your FSD purchase (date, method, optional invoice number and amount), optional notes, IP address and user agent (for abuse prevention only), language preference, consent timestamps, and, if you upload them yourself, documents supporting your claim (such as your purchase agreement, invoices and email correspondence with Tesla). These documents are stored on servers within the EU, can only be accessed by you and the initiator, and are shared only as described under "Third parties". Only upload documents relevant to your Tesla claim and remove sensitive data that isn't needed. To automatically fetch the catalogue value, model and year, we use your licence plate once to look these up at the RDW. We do not store the licence plate itself.
Legal basis and purpose of processing
Your consent (Article 6(1)(a) GDPR) for registering your sign-up, making an indicative estimate of your possible claim based on the data you provide and that we retrieve, sending updates, and uploading and storing documents, and legitimate interest (Article 6(1)(f) GDPR) for substantiating the collective claim and conducting any legal proceedings. If you do not upload the data required for your participation in the collective action under the WAMCA, we cannot guarantee your participation in the action. For the IP address and user agent, our legitimate interest is securing the IT infrastructure. Uploaded documents are used solely to assess and substantiate your claim. You can withdraw your consent at any time by deleting your account via Settings or by requesting this via contact@hw3claim.nl. Data required for pending legal proceedings is retained on the basis of legitimate interest (defence in a legal dispute and demonstrating that you signed up as an affected party in the proceedings). Your personal data is not sold or used for advertising or any other commercial purposes unrelated to the legal proceedings to be conducted.
Retention
Unconfirmed sign-ups are automatically deleted within 7 days. Confirmed sign-ups are retained for as long as this initiative is active. Documents you upload are retained until the case concludes or you withdraw your sign-up; withdrawing means they are deleted. You can delete your account and all associated documents at any time via Settings. Data we need for ongoing or anticipated proceedings is retained until those are concluded and the applicable limitation and appeal periods have expired. Where data is subject to a statutory retention obligation, such as the seven-year tax retention requirement for financial records, we keep it for that statutory period and then delete it.
Hosting and international transfers
Your data is processed exclusively on servers within the European Union. We do not transfer your data to countries outside the EU. For participants outside the EU this means your data is stored in the EU and falls under European privacy law (GDPR). From your perspective this is an inbound transfer, not an export of EU data.
Third parties
Your personal data is not sold or used for advertising or any other commercial purposes unrelated to the legal proceedings to be conducted, and is not shared with Tesla or the press. Your data may, however, be passed on to our processors (such as hosting and email, all within the EU and bound by a data processing agreement) and to the foundation (or successor entity) that conducts the collective action on your behalf (see "Transfer and succession"). We use no tracking cookies and no Google Analytics. The site uses only functional cookies: for sign-in, language preference, and to track when you last visited the updates and evidence pages so we can mark new items. Finally, it is possible that data will be shared with external parties such as the lawyers of the foundation that will conduct the collective action, other parties in the legal proceedings (such as the court), or, where required by law, authorities or regulators.
Transfer and succession
To pursue this case as a collective action under the WAMCA, a foundation (or its successor entity) must start proceedings. The purpose remains the same (solely to prepare and conduct the claim you signed up for). Only the data controller and the processor may change in that case. The legal basis is a legitimate interest (Article 6(1)(f) GDPR) in continuing, or being able to continue, the case, where the purpose remains identical (compatible processing, Article 6(4) GDPR). We will notify you in advance by email of a transfer and/or succession. From that notification you have 30 days to object or delete your account and data. If you object, your data will not be transferred and will be deleted. If you do not object, your data will transfer after this period ends. The latter does not apply to registrations of those who bought their Tesla outside the Netherlands from a non-Dutch Tesla entity. The foundation that will pursue this case as a collective action under the WAMCA receives only the data it needs for the collective action under the WAMCA. Any transfer to another party happens only with your prior consent. The foundation can entrust participant management (the register, the messages to participants and the Glovebox) to an external party. In that case the foundation keeps full access to its registrants, will not sell your data or use it for advertising or any other commercial purposes unrelated to the legal proceedings to be conducted, will continue to store your data within the EU, and the receiving party commits to at least equivalent safeguards.
Your rights
You have the right to access, rectification, deletion, restriction and data portability. You can withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You can delete your account via Settings. For other requests, contact contact@hw3claim.nl. You also have the right to object (Article 21 GDPR).
Regional rights
Depending on where you live, you may have additional rights under local law. EU and UK: GDPR and UK GDPR grant you the rights in the previous section. United States (California): under CCPA/CPRA you have the right to know, delete, correct, and opt out of the sale or sharing of personal information. We do not sell or share personal data. Canada: PIPEDA and, in Quebec, Law 25. Australia: Privacy Act 1988 and the Australian Privacy Principles. The jurisdictions page lists the relevant regulator for each country.
Complaints
You have the right to lodge a complaint with the data protection authority in your country. Netherlands: Autoriteit Persoonsgegevens (autoriteitpersoonsgegevens.nl). United Kingdom: Information Commissioner's Office (ico.org.uk). United States: Federal Trade Commission (ftc.gov) or your state Attorney General. Canada: Office of the Privacy Commissioner (priv.gc.ca). Australia: Office of the Australian Information Commissioner (oaic.gov.au). For other countries, reference is made to the jurisdictions page.