Privacy Notice of Cybera Global
1. What is this Privacy Notice about?
Cybera Global AG (also «we», «us») collects and processes personal data that concern you but also other individuals («third parties»). We use the word «data» here interchangeably with «personal data».
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«Personal data» means data relating to identified or identifiable individuals, which means that the relevant data, in combination with additional data, make it possible to draw conclusions about the identity of these individuals. «Sensitive personal data» are a subset of personal data that is specially protected under applicable data protection law. These include, for example, data revealing racial or ethnic origin, health data, religious or philosophical beliefs, biometric data for identification purposes, and information relating to trade union membership. «Personal data relating to criminal convictions and offences» is another subset of personal data and its processing is only allowed if authorized by national law or carried out under the control of an official authority. In Section 4, you will find information about the data we process in accordance with this Privacy Notice. «Processing» means any operation that is performed on personal data, such as collection, storage, use, alteration, disclosure and erasure.
In this Privacy Notice, we describe what we do with your data when you use www.cybera.io («website»), use our services C//ALERT and/or C//COMPLAINT or are reported to us in connection with them (e.g., as holder of a bank account), interact with us in relation with a contract, communicate with us or otherwise deal with us. When appropriate we will provide a just-in-time notice to cover any additional processing activities not mentioned in this Privacy Notice.
If you disclose data to us or share data with us about other individuals, for instance in connection with a criminal complaint, we assume you are authorized to do so and that the relevant data is accurate. When you share data about others with us, you confirm that. Please make sure that these individuals have been informed about this Privacy Notice.
This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR») and the Swiss Data Protection Act («DPA»). However, the application of these laws depends on each individual case.
2. What are our services C//ALERT and C//COMPLAINT and why do we process personal data?
Our aim is to support the fight against cybercrime (fraud and money laundering) in a holistic way, namely by way of prevention (C//ALERT) and reaction (C//COMPLAINT).
For our service C//ALERT we run a database with bank account numbers that are suspected to be used for criminal purposes. Entries are made by financial institution (e.g., banks) and cybercrime reporting points (e.g., police, anti-cybercrime companies and organizations, etc.) as our contractual partners. We also make entries based on the assessment of criminal complaints by cybercrime victims (who are referred to us by our contract partners and who use our service C//COMPLAINT) and our own investigations. We offer financial institutions that partner with us to crosscheck the bank account numbers of recipients of a payment order with our database. In case of a match, we provide the financial institution with some information about the entry („matching dataset“, which does not include the holder’s name – we usually will not be able to identify the data subject to which the entry relates); it is however solely the financial institution who decides what measures it will take (e.g., suspension of the transaction). With our service we allow for a quick and automated exchange of knowledge in an environment where fast action is crucial to prevent the typically rapid onward transfers of tortuously obtained money. To maintain our database, we mainly process the data of bank account holders (bank account number and, if known, the holder’s name), but also data about the persons who were involved in editing the entry.
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The matching dataset includes information about the date of the entry, the type of reporting source (e.g., prosecutor’s office, police, private person), the name of the reporting source (name of the police station) if permitted by the reporting source, the type of abuse (e.g., Trojan, phishing, CEO fraud), date of the abuse, amount of abuse (including currency), information about whether criminal charges were filed, free text and the risk score Cybera Global awarded the entry concerning the respective bank account number (calculated at the time of the query by the financial institution).
The risk score is calculated by Cybera Global for each query on the basis of the data available at the time of the query. It takes into account for example the type of abuse, when the abuse happened (date), the amount of abuse (transferred amount), the general liability of the source and the number of identical entries from different sources.
With our service C//COMPLAINT we offer support to cybercrime victims in filing a criminal complaint with the competent criminal authorities (worldwide) online. We process all personal data that is necessary to file the complaint on the victim’s behalf, mainly personal data of the victim and the perpetrator (if known), including personal data to identify them. We only add information we gain through C//COMPLAINT to the C//ALERT database if we have reasonable cause to do so based on our assessment of the individual case.
You can find more detailed information about the personal data we process for these services in Section 4.
3. Who is the controller for processing your data?
The Cybera Global AG, Zürich (the «Cybera Global») is the controller for Cybera Global’s processing under this Privacy Notice, unless we tell you otherwise in an individual case. This applies, in particular, where your data is exchanged with our parent company (see Section 8).
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For each processing activity there are one or several parties that are responsible for ensuring that the processing complies with data protection law. This party is called the controller. It is responsible, for example, for responding to access requests (Section 12) or for ensuring that personal data is processed securely and not used in an unlawful manner.
Additional parties may be joint controllers for the processing set out in this Privacy Notice if they participate in determining the purpose or means of the processing. If you wish to receive information about the controllers for a specific processing activity, you are welcome to ask us as part of your access right (Section 12). We remain your primary contact, even if there are other joint controllers.
In Section 4, Section 8 and Section 13, you will find additional information about third parties with whom we work together and who are controllers for their processing. If you have any questions for these third parties or if you wish to exercise your rights, please contact them directly.
You may contact us for data protection concerns and to exercise your rights under Section 12 as follows:
Cybera Global AG
Bahnhofstrasse 14
CH-8001 Zürich
dataprotection@cybera.io
4. What data do we process?
We process various categories of data about you. The main categories of data are the following:
Technical data
When you use our website and the services offered thereon, we collect the IP address of your terminal device and other technical data in order to ensure the functionality and security of these offerings. This data includes logs with records of the use of our systems. We generally keep technical data for 6 months. In order to ensure the functionality of these offerings, we may also assign an individual code to you or your terminal device (for example as a cookie, see Section 13). Technical data as such does not permit drawing conclusions about your identity. However, technical data may be linked with other categories of data (and potentially with your person) in relation with user accounts, registrations, access controls or the performance of a contract.
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Technical data includes the IP address and information about the operating system of your terminal device, the date, region and time of use and the type of browser that you use to access our electronic offerings. This may help us to provide an appropriate layout of the website. We know through which provider you access our offerings (and therefore also the region) because of the IP address, but usually this does not tell us who you are. However, this changes for example when you create a user account, because personal data can then be linked with technical data (for example, we can know the browser you use to access an account through our website). Examples of technical data include protocols («logs») that are created in our systems (for example the log of user logins to our website).
Registration data
Entries to our database and the filing of criminal complaints can only be made with a user account or registration, which can happen directly with us or through our third-party login service providers. In this regard you must provide us with certain data, and we collect data about the use of the service (e.g., time of access). For C//ALERT we generally keep registration data for 12 months from the date the use of the service ceases or the user account is closed. For C//COMPLAINT we delete registration data one month after filing the criminal complaint.
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Registration data of the employees of our contractual partners includes for example name, password and e-mail. Users of our service C//COMPLAINT must further provide us with a mobile telephone number for a two-phase verification and a copy of their ID card or passport (which will also be attached to the criminal complaint).
Communication data
When you are in contact with us via the contact form, by e-mail, telephone or by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication. If we have to determine your identity, for example in relation with a request for information, we collect data to identify you (for example a copy of an ID document). We generally keep this data for 12 months from the last exchange between us. This period may be longer where required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. E-mails in personal mailboxes and written correspondence are generally kept for at least 10 years. In case you use our service C//COMPLAINT, we will however delete the copy of your criminal complaint with the competent criminal authorities after 18 months after filing the criminal complaint.
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Communication data is your name and contact details, the means, place and time of communication and usually also its contents (i.e. the contents of e-mails, letters, etc.). This data may also include information about third parties. For identification purposes, we may also process your ID document number or a password set by you.
Master data
With master data we mean the basic data that we need, in addition to contract data (see below), for the performance of our contractual and other business relationships or for marketing and promotional purposes, such as name and contact details, and information about, for example, your role and function, your date of birth, customer history, powers of attorney, signature authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (for example as a contact person of a business partner), or because we wish to address you for our own purposes (for example as part of marketing and advertising, with e.g., newsletters.). We receive master data from you (for example as part of a registration), from parties you work for, or from third parties such as contractual partners, and from public sources such as public registers or the internet (websites, social media, dark net, etc.). We may also process health data and information about third parties as part of master data. We may also collect master data from our shareholders and investors. We generally keep master data for 10 years from the last exchange between us but at least from the end of the contract. This period may be longer if required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. For contacts used only for marketing and advertising, the period is usually much shorter, usually no more than 2 years from the last contact.
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Master data includes data such as name, address, e-mail address, telephone number and other contact details, gender, date of birth, websites, photos and videos (e.g., to document an alleged cybercrime attack on you), copies of ID cards; moreover, details of your relationship with us (customer, supplier, visitor, etc.), details of your status, allocations, classifications and mailing lists, details of our interactions with you (if applicable, a history thereof with corresponding entries), reports (for example from the media), or official documents (for example excerpts from the commercial register, permits, etc.) that concern you. As payment information, we may collect, for example, your bank details, account number and credit card data. Declarations of consent and opt-out information are also part of the master data, as well as information about third parties, for example contact persons, advertising recipients or representatives.
In relation with contact persons and representatives of our customers, suppliers and partners, master data includes, for example, name and address, information about the role or function in the company, qualifications and (where applicable) information about superiors, co-workers and subordinates and information about interactions with these persons.
Master data is not collected comprehensively for all contacts. The data collected in an individual case depends mostly on the purpose of the processing activity.
Contract data
This means data that is collected in relation with the conclusion or performance of a contract, for example information about the contracts and the services provided or to be provided, as well as data from the period leading up to the conclusion of a contract, information required or used for performing a contract, and information about feedback. We generally collect this data from you, from contractual partners and from third parties involved in the performance of the contract, but also from third-party sources (for example credit information providers) and from public sources. We generally keep this data for 10 years from the last contract activity but at least from the end of the contract. This period may be longer where necessary for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons.
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Contract data includes information about the conclusion of the contract, about your contracts, for example, the type and date of conclusion, information from the application process (such as the application for the performance of our products or services) and information about the relevant contract (for example its duration) and the performance and administration of the contracts (for example information in relation with billing, customer service, technical assistance and the enforcement of contractual claims). Contract data also includes information about deficiencies, complaints and changes of a contract as well as customer satisfaction information that we may collect for example through surveys. Contract data also includes financial data, such as credit information (meaning information that allows to draw conclusions about the likelihood that receivables will be paid), information about reminders and debt collection. We receive this data partly from you, but also from credit agencies and debt collection companies and from public sources (for example a commercial register).
In case you or another party uses our service C//ALERT to make an entry into our database about a bank account number that is urgently suspected to serve fraudulent transactions we will collect the „account data set“. We also add the same set of information to our database if we make an entry based on our own research or based on information we received through our service C//COMPLAINT. We will delete the data when three months without a match have passed.
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The account dataset includes information about the urgently suspected bank account number or other identifying information (e.g., IBAN), the name of account holder (if available), the date of the entry, the type of reporting source (e.g., supervisory authority, police, private person), the name of the reporting source (name of the police station), the type of abuse (e.g., Trojan, phishing, CEO Fraud), the date of the abuse, the amount of abuse (including currency), free text and information about whether criminal charges were filed.
In case you or another party uses our service C//COMPLAINT to file a criminal complaint with the competent criminal authorities, contract data includes all data relevant to file the criminal complaint, we will ask for data to complete the „criminal complaint dataset“ to enable us to file a complete criminal complaint for and on behalf of the reporting person. We will keep this data (including the copy of the criminal complaint we send to the reporting person) for 18 months after filing the criminal complaint.
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The criminal complaint dataset includes information about the relationship of the reporter to the incident (e.g., injured party, on behalf of the injured party, witness, etc.), the type of fraud (CEO fraud, romance scam, investment fraud, etc.), the contact details and the date of birth of the reporting person, information about the financial transaction of the sender bank and the receiving bank (including the date of payment, the transferred amount, the currency, the account identification, the name of the bank, the address of the bank, and the BIC and SWIFT codes), a description of the incident as free text including attachments (files), a confirmation of the terms of use and a power of attorney and information about whether the incident was already reported and whether a refund is in prospect.
Behavioral and preference data
We try to improve our website and services for you. For this purpose, we collect and process data about your behavior and preferences. We do so by evaluating information about your behavior in our domain, and we may also supplement this information with third-party information, including from public sources. The data processed for this purpose is already known to us (for example where and when you use our services), or we collect it by recording your behavior (for example how you navigate our website). We anonymize or delete this data when it is no longer relevant for the purposes pursued, but usually after 24 This period may be longer as for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. We describe how tracking works on our website in Section 13.
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Behavioral data is information about certain actions, such as your response to electronic communications (for example if and when you have opened an e-mail) or your location. For example, we may collect your location data when you use our website.
Preference data tells us what your needs are. We obtain this information from the analysis of existing data, such as behavioral data, so that we can generally improve our offers. To improve the quality of our analyses, we may combine this data with other data that we also obtain from third parties, such as our contractual partners.
Behavioral and preference data may be analyzed on a personally identifiable basis, but usually is on a non-identifiable basis (for example for market research or product development). Behavioral and preference data may also be combined with other data.
Other data
We also collect data from you in other situations. For example, data that may relate to you (such as files, evidence, etc.) is processed in relation with administrative or judicial proceedings. We may also collect data for health protection (for example as part of health protection concepts). We may obtain or create photos, videos and sound recordings in which you may be identifiable (for example with security cameras, etc.). We may also collect data about who enters certain buildings, and when or who has access rights (including in relation with access controls, based on registration data, etc.) and who uses our infrastructure and systems and when. Moreover, we collect and process data about our shareholders and other investors, in addition to master data, including information for registers, in relation with the exercise of their rights and with events (for example general meetings). The retention period for this data depends on the processing purpose and is limited to what is necessary. This ranges from a few days for many of the security cameras, to usually a few weeks in case of data for contact tracing and visitor data that is usually kept for 3 months, to several years or longer for reports about events with images. Data relating to you as a shareholder or investor is kept in accordance with corporate law, but in any case, for as long as you are invested.
Some of the data set out in this Section 3 is provided to us by you (through forms, in relation with communication with us, in relation with contracts, when you use the website, etc.). You are not obliged or required to disclose data to us except in individual cases, for example within the framework of binding health protection concepts (legal obligations). If you wish to enter into contracts with us or use our services, you must also provide us with certain data, in particular master data, contract data and registration data, as part of your contractual obligation under the relevant contract. When using our website, the processing of technical data cannot be avoided. If you wish to gain access to certain systems or buildings, you must also provide us with registration data. However, in the case of behavioral and preference data, you generally have the option of objecting or not giving consent.
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We provide certain services to you only if you provide us with registration data, because we or our contractual partners wish to know who uses our services, because it is a technical requirement or because we wish to communicate with you. If you or the person you represent (for example your employer) wishes to enter into or perform a contract with us, we must collect master data, contract data and communication data from you, and we process technical data if you wish to use our website for this purpose. If you do not provide us with the data necessary for the conclusion and performance of the contract, you should expect that we may refuse to conclude the contract, that you may commit a breach of contract or that we will not perform the contract. Similarly, we can only submit a response to a request from you if we process communication data and – if you communicate with us online – possibly also technical data. Also, the use of our website is not possible without us receiving technical data.
As far as it is not unlawful we also collect data from public sources (for example debt collection registers, commercial registers, the media, or the internet including social media) or receive data from public authorities and from other third parties (such as contractual partners and in particular those third parties who provide us the „account data set“ in connection with feeding our service C//ALERT and those third parties who provide us the „criminal complaint data set“ when using our service C//COMPLAINT).
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The categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we receive in relation with ad-ministrative and legal proceedings, information in relation with your professional functions and activities (so that we can, for example, conclude and process transactions with your employer with your assistance), information about you in correspondence and meetings with third parties, credit information (where we conduct business with you in a personal capacity), information about you that persons related to you (holder of a joint bank ac-count, etc.) share with us so that we can perform contracts with them, information from financial institutions, police and other contractual partners of us about you (e.g., that they refer you to us and you can therefore use the service C//COMPLAINT, or that in connec-tion with the service C//ALERT include personal data about you in connection with the sus-pected use of your account for a fraudulent transaction), information from the media and the internet about the provision of services by you, information from the media and the in-ternet about you (for example in the context of the detection of cybercrime), your address and potentially interests and other socio-demographic data (especially for marketing and research purposes) and data in relation with the use of third-party websites and online of-ferings where such use can be linked to you.
5. For what purposes do we process your data?
We process your data for the purposes explained below. Further information is set out in Sections 13 and 14 for online services. These purposes and their objectives represent interests of us and potentially of third parties. You can find further information on the legal basis of our processing in Section 6.
We process your data for the purpose of maintaining a database of bank account numbers (and additional information) that are the (foreseen) recipients of suspicious transactions with regard to cybercrime for providing our service C//ALERT. You can find further information about this service in Section 2.
We process your data to file criminal complaints with the competent criminal authorities on your behalf for providing our service C//COMPLAINT. You can find further information about this service in Section 2.
We process your data for purposes related to communication with you, in particular in relation with responding to inquiries and with the exercise of your rights (Section 12) and to enable us to contact you in case of queries. For this purpose, we use in particular communication data and master data, and registration data in relation with services that you use. We keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.
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The above includes all purposes in relation with which you and we communicate, whether in the context of customer service or consulting, authentication where the website is used, and for training and quality assurance (for example in customer service). We further process communication data to enable us to communicate with you by e-mail and telephone, as well as through social media and by letter and fax. Communication with you usually takes place in relation with other processing purposes, for example so we can provide services or respond to an access request. Our processing also serves to document the communication and its contents.
We process data for the conclusion, administration and performance of contractual relationships.
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We conclude various contracts with our business and private customers, suppliers, sub-contractors and other parties, such as partners in projects or parties in legal proceedings. In particular, we process master data, contract data and communication data and, depend-ing on the circumstances, registration data relating to the customer or the persons for whose benefit the customer has received a service.
In the run-up of a business relationship, personal data – in particular master data, contract data and communication data – is collected from potential customers or other contractual partners (for example in a contract) or results from a communication. Again, in connection with the conclusion of a contract, we process data to assess creditworthiness and to open a customer relationship. In some cases, this information is reviewed in order to comply with legal requirements.
As part of performing contractual relationships, we process data for the administration of the customer relationship, to provide and claim contractual services (which includes involving third parties, such as security service providers, banks, or credit information providers, who may in turn provide data to us), for consulting and for customer support. The enforcement of legal claims arising from contracts (debt collection, legal proceedings, etc.) is also part of the performance, as are accounting, termination of contracts and public communication.
We process data for marketing purposes and relationship management, for example to send our customers and other contractual partners personalized seasonal greeting cards or newsletters. We may contact you electronically, by e-mail, by telephone or through other channels for which we have contact information from you. You can object to such contacts at any time (see at the end of this Section 5) or refuse or withdraw consent to be contacted for marketing purposes. With your consent, we can target our online advertising on the internet more specifically to you (see Section 13). Finally, we also wish to enable our contractual partners to contact our customers and other contractual partners for marketing purposes (see Section 8).
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For this purpose, we process in particular communication and registration data. As most companies, we personalize communications so that we can provide you with customized information and offers that meet your needs and interests. Therefore, we combine data we process about you and collect preference data and use this data as a basis for personalization (see Section 3).
Relationship management includes addressing existing customers and their contacts, possibly personalized on the basis of behavioral and preference data. In the context of relationship management, we may also operate a customer relationship management system («CRM») in which we keep the data of customers, suppliers and other business partners that is required for relationship management, for example data about contact persons, relationship history (for example information about products and services purchased or supplied, interactions, etc.), interests, marketing measures (newsletters) and other information.
All this processing is important to us not only to promote our offerings as effectively as possible, but also to make our relationships with customers and other third parties more personal and positive, to focus on the most important relationships, and to use our resources as efficiently as possible.
We further process your data for market research, to improve our services and operations, and for product development.
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We strive to continuously improve our services (including our website) and to respond quickly to changing needs. We therefore analyze, for example, how you navigate through our website or which products are used by which groups of people in which way and how new services can be designed (for further details, see Section 13). This helps us understand the market acceptance of existing services and the market potential of new products and services. To this end, we process in particular master data, behavioral data and preference data, but also communication data and information from studies and other information, for example from the media, social media, the Internet and other public sources. We use pseudonymized or anonymized data for these purposes to the extent possible. We may also use media monitoring services or conduct media monitoring ourselves and process personal data in order to conduct media monitoring or to understand and respond to current developments and trends.
We may also process your data for security and access control purposes.
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We continuously review and improve the appropriate security of our IT and other infrastructure (for example buildings). Like all companies, we cannot exclude data security breaches with absolute certainty, but we do our best to reduce the risks. We therefore process data, for example, for monitoring, inspection, analysis and testing of our networks and IT infrastructures, for system and error checks, for documentation purposes and in the context of backups. Access controls include electronic system access controls (for example logging into user accounts), as well as physical access controls (for example building access). For security purposes (to prevent and investigate incidents), we also keep access protocols and visitor lists and use surveillance systems (for example security cameras).
We process personal data to comply with laws, directives and recommendations from authorities and internal regulations («Compliance»).
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This includes, for example, the implementation of health security concepts. In certain cases, we may also be required to report to the authorities. Disclosure and information or reporting obligations, for example in connection with supervisory and tax obligations, also require or entail data processing, for example archiving obligations and the prevention, detection and investigation of criminal offenses and other violations. This also includes receiving and processing complaints and other reports, monitoring communications, conducting internal investigations or disclosing documents to an authority if we have sufficient reasons to do so or are legally obliged to do so. We may also process your personal data in relation with external investigations, for example by a law enforcement or supervisory authority or by a mandated private entity. Furthermore, we process data in order to serve our shareholders and other investors and to fulfill our obligations in this regard. For all these purposes, we process in particular master data, contract data and communication data, but also, under certain circumstances, behavioral data and data from the category of «other data». The legal obligations may arise under Swiss law but also under foreign regulations to which we are subject, as well as self-regulations, industry standards, our own «corporate governance» and instructions and requests from authorities.
We also process data for the purposes of our risk management and as part of our corporate governance, including business organization and development.
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For these purposes, we process in particular master data, contract data, registration data and technical data, but also behavioral and communication data. For example, as part of our financial management, we need to monitor our accounts receivable and accounts payable, and we need to avoid becoming victims of crime and abuse, which may require us to analyze data for relevant patterns of such activities. We may also conduct profiling and create and process profiles for these purposes and to protect you and us from criminal or abusive activity (see also Section 7). In the context of planning our resources and organizing our operations, we may need to evaluate and process data relating to the use of our services and other offerings or share information about them with others (for example outsourcing partners), which may also include your data. The same applies with respect to services provided to us by third parties. As part of our business development, we may sell businesses, parts of businesses or companies to others or acquire them from others or enter into partnerships, which may also result in the exchange and processing of data (including from you, for example as a customer or supplier or as a supplier representative).
We may process your data for further purposes, for example as part of our internal processes and administration.
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These further purposes include, for example, training and educational purposes, administrative purposes (such as managing master data, accounting and data archiving, and testing, managing and continuously improving IT infrastructure), protecting our rights (for example to enforce claims in or out of court, and before authorities in Switzerland and abroad, or to defend ourselves against claims, for example by preserving evidence, conducting legal assessments and participating in court or administrative proceedings) and evaluating and improving internal processes. This also includes safeguarding other legitimate interests that cannot be named exhaustively.
6. On what basis do we process your data?
Where we ask for your consent for certain processing activities (for example for marketing mailings and for advertising management and behavior analysis on the website), we will inform you separately about the relevant processing purposes. You may withdraw your consent at any time with effect for the future by providing us written notice (by mail) or, unless otherwise noted or agreed, by sending an e-mail to us; see our contact details in Section 2. For withdrawing consent for online tracking, see Section 13. Where you have a user account, you may also withdraw consent or contact us also through the relevant website. Once we have received notification of withdrawal of consent, we will no longer process your information for the purpose(s) you consented to, unless we have another legal basis to do so. Withdrawal of consent does not, however, affect the lawfulness of the processing based on the consent prior to withdrawal.
Where we do not ask for consent for processing, the processing of your personal data relies on the requirement of the processing for initiating or performing a contract with you (or the entity you represent) or on our or a third-party legitimate interest in the particular processing, in particular in pursuing the purposes and objectives set out in Section 5 and in implementing related measures. This also includes compliance with legal regulations, where compliance is not recognized as a legal basis by applicable data protection law (for example in the case of the GDPR, the laws in the EEA and in the case of the DPA, Swiss law). This also includes the marketing of our services, the interest in better understanding our markets and in managing and further developing our company, including its operations, safely and efficiently.
In particular, in the case of C//ALERT, personal data is processed on the basis of the legitimate interest of victims of cybercrime and financial institutions to prevent damage and criminal activities to be successful. In the case of C//COMPLAINT, the legal basis is the performance of a contract for the reporting person. The reporting person may rely on consent, legitimate interest and applicable local law permitting individuals to file criminal complaints involving personal data of the individuals accused.
Where we receive sensitive personal data (for example biometric data for identification purposes), we may process your data on other legal basis, for example, in the event of a dispute, as required in relation with a potential litigation or for the enforcement or defense of legal claims. In some cases, other legal basis may apply, which we will communicate to you separately as necessary.
7. What applies in case of profiling and automated individual decisions?
We may automatically evaluate personal aspects relating to you («profiling») based on your data (Section 4) for the purposes set out in Section 5, where we wish to determine preference data, but also in order to detect misuse and security risks, to perform statistical analysis or for operational planning. We may also create profiles for these purposes, i.e. we may combine behavioral and preference data, but also master data, contract data and technical data relating to you in order to better understand you as a person with your various interests and other characteristics.
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If you are our customer, we may, for example, use «profiling» to determine, for your own protection, the likelihood of a particular transaction being fraudulent. This allows us to suspend the transaction for further clarification. «Profiles» are to be distinguished from «profiling». «Profiles» refers to the combining of different data in order to draw conclusions on essential aspects of your personality (for example what you like, how you behave in certain situations, e.g., when you are looking for a specific information on our website) from the totality of this data. Profiles may also be used for marketing, for example, or for security purposes.
In both cases, we pay attention to the proportionality and reliability of the results and take measures against misuse of these profiles or profiling. Where these can produce legal effects concerning you or similarly significantly affect you, we generally ensure human review.
8. With whom do we share your data?
In relation with our contracts, the website, our services and products, our legal obligations or otherwise with protecting our legitimate interests and the other purposes set out in Section 5, we may disclose your personal data to third parties, in particular to the following categories of recipients:
Parent company
Our parent company Cybera Global Inc. based in New York, USA, may use the data according to this Privacy Notice for the same purposes as we use it (see Section 5). Our parent company has access in particular to your master data and contract data in order to develop busi-ness strategies.
Service providers
We work with service providers in Switzerland and abroad who process your data on our behalf or as joint controllers with us or who receive data about you from us as separate controllers (for exam-ple IT providers, credit information agencies, debt collection companies or address verification providers). For the service providers used for the web-site, see Section 13. Our key service provider in the IT area is isolutions AG.
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To be able to deliver our services efficiently and focus on our core competencies, we procure services from third parties in various areas. These include, for example, IT services, information transmission, communication or printing services, facility management, security and cleaning, debt collection, credit agencies, address verification provider (for example to update address lists in case of relocations), fraud prevention measures and services from consulting companies, lawyers, banks, insurers and telecommunication companies. In each case, we disclose to these providers the data they require for their services, which may also concern you. These providers may also use such data for their own purposes, for example information about overdue claims and your payment history in case of credit information agencies or anonymized data to improve their services. In addition, we enter into contracts with these providers that include provisions to protect data, where such protection does not follow from the law.
Contractual partners including customers
This refers to customers (for example financial institutions) and our other contractual partners (e.g., police) as this data disclosure results from these contracts. If you work for one of these contractual partners, we may also disclose data about you to that partner in this regard.
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If you act as an employee for a company with which we have concluded a contract, performance of this contract may require us to tell the company, for example, how you have used our service.
Authorities
We may disclose personal data to agencies, courts and other authorities in Switzerland and abroad if we are legally obliged or entitled to make such disclosures or if it appears necessary to protect our interests, or in the performance of our service C//COMPLAINT and C//ALERT. These authorities act as separate controllers.
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Examples are criminal investigations, police measures (for example health protection concepts, the fight against violence, etc.), regulatory requirements and investigations, legal proceedings, reporting obligations and pre-court and out-of-court proceedings, as well as legal obligations to provide information and to cooperate. Data may also be disclosed if we wish to obtain information from public bodies, for example in order to justify a request for in information or because we need to say about whom we require information (for example from a register).
Other persons
This means other cases where interactions with third par-ties follows from the purposes set out in Section 5.
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Other recipients include, for example, your lawyer or persons involved in administrative or legal proceedings. The same applies if we publish content (for example photos, interviews, quotes, etc.), for example on our website or in our other publications. As part of our business development, we may sell businesses, parts of businesses or companies to others or acquire them from others or enter into partnerships, which may also result in the disclosure of data (including from you, for example as a customer or supplier or as a supplier representative) to those persons involved in these transactions. In relation with communicating with competitors, industry organizations, associations and other bodies, data may be exchanged that also affects you.
All these categories of recipients may involve third parties, so that your data may also be disclosed to them. We can restrict the processing by certain third parties (for example IT providers), but not by others (for example authorities, banks, etc.).
We enable certain third parties to collect personal data from you (for example press photographers, providers of tools on our website, etc.). Where we have no control over these data collections, these third parties are sole controllers. If you have concerns or wish to exercise your data protection rights, please contact these third parties directly. See Section 13 for the website.
9. Is your personal data disclosed abroad?
As explained in section 8, we disclose data to other parties. These are not all located in Switzerland. Your data may therefore be processed both in Europe and the USA; in exceptional cases, in any country in the world.
If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the European Commission’s standard contractual clauses, which can be accessed here, here and here, unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exemption. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.
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Many countries outside of Switzerland or the EEA currently do not have laws that ensure an adequate level of data protection under the DPA or the GDPR. The contractual arrangements mentioned compensate for this weaker or missing legal protection to some extent. However, contractual precautions cannot eliminate all risks (namely of government access abroad). You should be aware of these remaining risks, even though they may be low in an individual case, and we take further measures (for example pseudonymization or anonymization) to minimize them.
10. How long do we process your data?
We process your data for as long as our processing purposes, the legal retention periods and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement. You will find further information on the respective storage and processing periods for the individual data categories in Section 4, and for cookies in Section 13. If there are no contrary legal or contractual obligations, we will delete or anonymize your data once the storage or processing period has expired as part of our usual processes.
If you used our service C//COMPLAINT to file a criminal complaint with the competent criminal authorities, we will delete your data 18 months after we transmitted your complaint to the competent criminal authority. This also includes the copy of your criminal complaint we filed for you that we send to you.
If your bank account number is urgently suspected to be used for fraudulent behavior, we will automatically delete it from our database (C//ALERT service) once three months have passed without a match.
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Documentation and evidence purposes include our interest in documenting processes, interactions and other facts in view of legal claims, inconsistencies, IT and infrastructure security requirements and demonstrating good corporate governance and compliance. Retention may be a technical requirement if certain data cannot be separated from other data and we therefore need to keep it with it (for example in case of backups or document management systems).
11. How do we protect your data?
Cybera Global AG (also «we», «us») collects and processes personal data that concern you but also other individuals («third parties»). We use the word «data» here interchangeably with «personal data».
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Technical and organizational security measures may include encryption and pseudonymization of data, logging, access restrictions, keeping backup copies, giving instructions to our employees, entering confidentiality agreements, and monitoring. We protect your data that is sent through our website in transit by appropriate encryption. However, we can only secure areas in our control. We also require our data processors to take appropriate security measures. However, security risks can never be excluded completely; residual risks are unavoidable.
If you your bank account number is listed in our database (C//ALERT) we will not only ensure confidentiality, integrity and availability of such data with a number of technical and organizational data security measures. We will in principle also allow only those customers to access the personal data that may be contained in the account dataset that already have an account number they wish to check it against our database. We will also not attempt to re-identify you if your account number is listed in our database.
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For more information about what the account dataset contains, see Section 4 („Contract data“).
12. What are your rights?
Applicable data protection laws grant you the right to object to the processing of your data in some circumstances, in particular for direct marketing purposes, to profiling carried out for direct marketing purposes and to other legitimate interests in processing.
To help you control the processing of your personal data, you have the following rights in relation with our data processing, depending on the applicable data protection law:
- The right to request information from us as to whether and what data we process from you;
- The right to have us correct data if it is inaccurate;
- The right to request erasure of data;
- The right to request that we provide certain personal data in a commonly used electronic format or transfer it to another controller;
- The right to withdraw consent, where our processing is based on your consent;
- The right to receive, upon request, further information that is helpful for the exercise of these rights;
If you wish to exercise the above-mentioned rights in relation with us, please contact us in writing, at our premises or, unless otherwise specified or agreed, by e-mail; you will find our contact details in Section 2. In order for us to be able to prevent misuse, we need to identify you (for example by means of a copy of your ID card, unless identification is not possible otherwise).
You also have these rights in relation with other parties that cooperate with us as separate controllers – please contact them directly if you wish to exercise your rights in relation with their processing. You will find information on our key partners and service providers in Section 8 and additional information in Section 13.
Please note that conditions, exceptions or restrictions apply to these rights under applicable data protection law (for example to protect third parties or trade secrets). We will inform you accordingly where applicable.
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In particular, we may need to continue to process and keep your personal data in order to perform a contract with you, to protect our own legitimate interests, such as the assertion, exercise or defense of legal claims, or to comply with legal obligations. To the extent legally permitted, in particular to protect the rights and freedoms of other data subjects and to safeguard legitimate interests, we may also reject a subject request in whole or in part (for example by redacting content that concerns third parties or our trade secrets).
If you are a holder of a bank account with a bank account number that supposedly is listed in our database (C//ALERT service) we will provide you with the information in the „account dataset“ (and additional information on whether the entry is archived and what risk score Cybera Global awarded the entry concerning you), if you provide us with sufficient proof of your identity and ownership of the respective bank account. The same applies if you wish for your bank account number to be taken off our database. Together with the source of the notification (e.g., prosecutor’s office) we will then evaluate on a case-by-case basis taking into account applicable law whether you are entitled to have the account number removed. We will in any case delete your bank account number if we receive such a deletion request by the source of the notification (e.g., because your bank account number is no longer suspected of fraudulent transactions).
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For more information about what the account dataset contains, see Section 4 („Contract data“).
In any case
If you do not agree with the way we handle your rights or with our data protection practices, please let us or our Data Protection Officers (Section 2) know. If you are located in the EEA, the United Kingdom or in Switzerland, you also have the right to lodge a complaint with the competent data protection supervisory authority in your country. You can find a list of authorities in the EEA here. You can reach the UK supervisory authority here. You can reach the Swiss supervisory authority here
13. Do we use online tracking?
We use various techniques on our website that allow us, and third parties engaged by us to recognize you during your use of our website, and possibly to track you across several visits. This Section informs you about this.
In essence, we wish to distinguish access by you (through your system) from access by other users, so that we can ensure the functionality of the website and carry out analysis and personalization. We do not intend to determine your identity, even if that is possible where we or third parties engaged by us can identify you by combination with registration data. However, even without registration data, the technologies we use are designed in such a way that you are recognized as an individual visitor each time you access the website, for example by our server (or third-party servers ) that assign a specific identification number to you or your browser (so-called «cookie»).
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Cookies are individual codes (for example a serial number) that our server or a server of our service providers or advertising partners transmits to your system when you connect to our website, and that your system (browser, cell phone) accepts and stores until the set expiration time. Your system transmits these codes to our server or the third-party server with each additional access. That way, you are recognized even if your identity is unknown.
Other technologies may be used to recognize you with some likelihood (i.e. distinguish you from other users), such as «fingerprinting». Fingerprinting combines your IP address, the browser you use, screen resolution, language settings and other information that your system tells each server), resulting in a more or less unique fingerprint. This makes it possible to go without cookies.
Whenever you access a server (for example when you use a website or an app, or because an e-mail includes a visible or invisible image), your visits can therefore be «tracked». If we integrate offers from an advertising partners or a provider of an analysis tool on our website, they may track you in the same way, even if you cannot be identified in a particular case.
We use these technologies on our website and may allow certain third parties to do so as well. You can also set your browser to block or deceive certain types of cookies or alternative technologies, or to delete existing cookies. You can also add software to your browser that blocks certain third-party tracking. You can find more information on the help pages of your browser (usually with the keyword «Privacy») or on the websites of the third parties set out below.
We distinguish the following categories of «cookies» (including other technologies):
- Necessary cookies: Some cookies are necessary for the functioning of the website or for certain features. For example, they ensure that you can move between pages without losing information that was entered in a form. They also ensure that you stay logged in. These cookies exist temporarily only («session cookies»). If you block them, the website may not work properly. Other cookies are necessary for the server to store options or information (which you have entered) beyond a session (i.e. a visit to the website) if you use this function (for example language settings, consents, automatic login functionality, etc.). These cookies have an expiration date of up to 24 months.
- Performance cookies: In order to optimize our website and related offers and to better adapt them to the needs of the users, we use cookies to record and analyze the use of our website, potentially beyond one session. We use third-party analytics services for this purpose. We have listed them below. Before we use such cookies, we ask for your consent. You can withdraw consent at any time through contacting us. Performance cookies also have an expiration date of up to 24 months. Details can be found on the websites of the third-party providers.
We may also integrate additional third-party offers on our website, in particular from social media providers. These offers are deactivated by default. As soon as you activate them (for example by clicking a button), their providers can determine that you are using our website. If you have an account with the provider, it can assign this information to you and thereby track your use of online offers. The providers process this data as separate controllers.
We currently use offers from the following service providers and advertising partners (where they use data from you, or cookies set on your computer for advertising purposes):
- Google Analytics: Google LLC is the provider of the service «Google Analytics». For the purposes of the GDPR and the DPA, Google Ireland Ltd. is the controller (both «Google»). Google tracks the behavior of visitors to our website (duration, page views, geographic region of access, etc.) through performance cookies (see above) and on this basis creates reports for us about the use of our website. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. Google provides us with reports and may therefore be considered our processor, but it also processes data for its own purposes. Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals. You should assume that this processing takes place if you consent to the use of performance cookies. Information about data protection with Google Analytics can be found here and if you have a Google account, you can find more details about Google’s processing here.