It is not superfluous to note that the members of the class are the ones who chose not to register for the Respondent's services, even if they received an invitation to join or an advertisement for the Respondent's services.
In the motion for approval, the respondent's conduct was discussed, arguing at length how the actions attributed to the respondent constitute a violation of various provisions of the Protection of Privacy Law due to the tracking and collection of information protected by privacy.
At the end of the chapter in the Request for Approval on "Tracking Non-Facebook Customers" it is written as follows:
"36. Thus, from a factual point of view, Facebook performs the following improper actions: it monitors and maintains information about people who visit various websites on the Internet, information relating to what those people do online. The information is collected and stored both for people who are not registered with Facebook at all, and who are not registered users, i.e., those who have never entered into any contractual engagement with Facebook and have not given it any consent to any action. There is no practical possibility to prevent or change this collection." (Emphasis added - A.R.B.).
In other words, the request for approval concerns a claim of massive violation of the right to privacy of anyone who is not a Facebook member and makes use of third-party websites on the Internet by Facebook tracking them, storing information about them, creating profiles of them, and using the information for profit, and even violating the provisions of the Privacy Protection Law with regard to databases.
The actions against which the request for approval is issued, which concern the collection and retention of information, were taken against the users of third-party websites that make use of the Respondent's business tools, and transferred information about them to the Respondent, while the foam of the claim is directed against the Respondent's activity in relation to those who chose not to engage with it.