Google is very clear that downloads and bookmarks in Incognito Mode will still be saved – exactly like when browsing in a non-private mode. The search giant states browsing history, cookies, site data, and data inputted into forms will not.

The class-action lawsuit argues that Google does “track and collect consumer browsing history,” as well as other online activity regardless of whether or not someone is using the Incognito Mode built into Chrome, or not. Although Google makes it clear that websites will still be able to record your visit and activity – as well as employers, schools, and the broadband companies, the complaint claims that Google “accomplishes its surreptitious tracking,” using methods such as Google Analytics, the Google Ad Manager and the Google Sign-In button for websites.

Whether Google uses these tracking tools, and if it does, the lack of explanation about this tracking in the disclaimer when using Google Chrome’s Incognito Mode is really what this entire $5 billion class-action lawsuit rests upon.