Privacy Policy

Last updated: November 2022

1. What is this Privacy Policy 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».

In this Privacy Notice, we describe what we do with your data when you use www.cybera.io (the “Website”), use our services CYBERA WATCHLIST™ and/or CYBERA VSR™ (together with the Website, hereinafter the “Services”) or interact with us regarding a contract, communicate with us or otherwise deal with us. This policy also describes what we do with information about accounts (such as account numbers) that are suspected to have engaged in fraudulent activity and are reported to us by third-parties. 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 example, in connection with a criminal complaint) you represent and warrant that you are authorized to do so that the relevant data is accurate. For purposes of this Privacy Notice:

“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.
“Processing” means any operation that is performed on personal data, such as collection, storage, use, alteration, disclosure and erasure.

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 CYBERA WATCHLIST™ and CYBERA VSR™ 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 (CYBERA WATCHLIST™) and reaction (CYBERA VSR™).

To support this aim, and in order to use our Services, you may be asked to provide us with personal information (and, in limited circumstances, sensitive information). While you do not have to provide us with any personal information, we may not be able to provide you with our Services without this information.

CYBERA WATCHLIST™

For CYBERA WATCHLIST™ service, we maintain a database of account numbers (and, if known, account holder names) for bank accounts believed to be used for criminal purposes (the “CYBERA WATCHLIST™ Database”). Bank account numbers are added to our CYBERA WATCHLIST™ Database by:

(a)

Banks and other financial institutions;

(b)

Law enforcement authorities, anti-cybercrime companies and organizations, and other cybercrime reporting points;

(c)

Our contractual partners; and

(d)

Us, based on (a) our own investigations and (b) the assessment of criminal complaints by cybercrime victims (who are referred to us by our contract partners and who use our CYBERA VSR™)

We allow our partner financial institutions to crosscheck relevant bank account numbers against the CYBERA WATCHLIST™ Database in connection with payments they process. In case of a match, we provide the financial institution with some information about the relevant bank account within the CYBERA WATCHLIST™ Database (Matching Dataset (as defined below), which does not include the holder’s name – we usually will not be able to identify the data subject to which the entry relates). The financial institution (and not us) decides, in its sole discretion, what (if any) measures it will take (e.g., suspension of the transaction). The “Matching Dataset” includes information about the date information is entered into the CYBERA WATCHLIST™ Database, 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). To maintain the CYBERA WATCHLIST™ Database, we process not only bank account numbers and account holder names, but also data about the persons who submit and edit entries made to the CYBERA WATCHLIST™ Database.

CYBERA VSR™

With our CYBERA VSR™ service, 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, including personal data of the victim and the perpetrator (if known). We only add information we gain through CYBERA VSR™ to the CYBERA WATCHLIST™ 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 (“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).

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 information about you. The main categories of information are the following:

Technical Data

When you use our Website and our Services offered thereon, we collect the following (collectively, “Technical Data“):

(a)

the IP address of your terminal device;

(b)

logs about your use of the service (e.g., time of access); and

(c)

other technical data in order to ensure the functionality and security of these offerings.

We generally keep Technical Data for 6 months. To provide you access to the Services, we may also assign an individual code to you or your terminal device (for example as a cookie, see Section 13).

Registration data

To enter information in the CYBERA WATCHLIST™ Database or submit a criminal complaint to be filed by us, you must create a Cybera Global account (“Account”), either directly with us or through our third-party login service providers. To create an Account, you must provide us with certain data (“Registration Data”).

For CYBERA WATCHLIST™, we generally keep Registration Data for 12 months from the date you cease use of the Service or the Account is closed. For CYBERA VSR™, we delete Registration Data one month after we file the relevant criminal complaint.

Communication Data

When you are in contact with us via the contact form on our Website, 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 (collectively, “Communication Data”).

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. However, if you use our CYBERA VSR™ service, we will delete the copy of your criminal complaint 18 months after we file such complaint with the relevant law enforcement authorities.

Marketing and Promotional Data

We collect data that we need 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 (collectively “Marketing and Promotional Data”). We collect Marketing and Promotional Data about you from:

(a)

you;

(b)

parties you work for;

(c)

third parties such as contractual partners;

(d)

public sources such as public registers or the internet (websites, social media, dark net, etc.); and

(e)

our shareholders and investors.

We process your Marketing and Promotional if you are, or you work for, a Cybera Global customer or other business contact or if we wish to address you for our own purposes (for example, as part of marketing and advertising). We may also process health data and information about third parties as part of Marketing and Promotional Data. We generally keep Marketing and Promotional 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 may be shorter, usually no more than 2 years from the last contact.

Marketing and Promotional Data includes 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; 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), official documents (for example excerpts from the commercial register, permits, etc.), and payment information that concern you.

Contract Data

This means data that is collected in connection with the negotiation, execution or performance of a contract, including information about: the services provided or to be provided; feedback; contact persons under our contracts; and who is authorized to act on behalf of our contractual counterparties (including powers of attorney, signature authorizations and declarations of consent). 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.

Contract Data includes information about deficiencies, complaints and contractual modifications, customer satisfaction information that we may collect for example through surveys, credit and other financial information, 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). For contact persons and representatives of our customers, suppliers and partners, Contract Data includes, for example, the name and address, role or function, qualifications and (where applicable) information about superiors, co-workers and subordinates of such contact persons. If you or someone acting on your behalf makes an entry into our CYBERA WATCHLIST™ Database about a bank account number that is believed to be involved in a fraudulent transaction, we will collect the Account Dataset that is provided (as defined below). We also add the same set of information to the CYBERA WATCHLIST™ Database if we make an entry based on our own research or based on information we received through our CYBERA VSR™ service. We will generally delete data for a particular account from the CYBERA WATCHLIST™ Database when three months without a match have passed. The “Account Dataset” includes information about the account number or other identifying information (e.g., IBAN), the name of the 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. If you or someone acting on your behalf uses our CYBERA VSR™ service to file a criminal complaint with the competent law enforcement authorities, Contract Data includes all data relevant to file the criminal complaint, we will ask for data to complete the Criminal Complaint Dataset (as defined below) 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. 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 anticipated.

Behavioral and Preference Data

We use data we collect to improve our Services for you. For this purpose, we collect and process data about your behavior and preferences (collectively, “Behavioral and Preference Data”). We do so by evaluating information about your behavior in using our Services 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 hours. This period may be longer as needed 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.

Behavioral data is information about certain actions, including your response to electronic communications 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 behavioural 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.

Other data

We also collect data from or about 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 Marketing and Promotional 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.). 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. However, you are not required to disclose data to us except in individual cases. For example, you generally have the option of declining or not giving consent to collect Behavioral and Preference Data.

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.

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 Dataset” in connection with feeding our CYBERA WATCHLIST™ service and those third parties who provide us the “Criminal Complaint Dataset” when using our CYBERA VSR™ service).

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 CYBERA VSR™, or that in connection with the service CYBERA WATCHLIST™ include personal data about you in connection with the suspected 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 internet 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 offerings where such use can be linked to you.

5. For what purpose do we process your data?

We process your data for the purposes explained below. Further information is set out in Section 13 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.

In connection with providing our CYBERA WATCHLIST™ service, we process your data for the purpose of maintaining a database of bank account numbers (and additional information) that are the (anticipated) recipients of cybercrime-related suspicious transactions. You can find further information about this service in Section 2. In connection with providing our CYBERA VSR™ service, we process your data to file criminal complaints with the competent criminal authorities on your behalf. You can find further information about this service in Section 2. We process your data in order to communicate with you (whether by e-mail, telephone, social media, letter or fax), including to respond to inquiries and requests to exercise of your rights (Section 12) that we may receive from you. For this purpose, we use your Communication Data and Marketing and Promotional Data, and Registration Data. We keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries. We process data for the execution, administration and performance of contractual relationships and the enforcement of legal claims arising from our contracts. 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). We further process your data for market research, to improve our Services and operations, and for product development. We may also process your data for security and access control purposes. We process personal data to comply with laws, directives and recommendations from authorities and internal regulations (“Compliance”). We also process data for the purposes of our risk management and as part of our corporate governance, including business organization and development. We may process your data for further purposes, for example as part of our internal processes and administration (including training and education, managing master data, accounting, data archiving, and testing, managing and continuously improving IT infrastructure, protecting our rights, and evaluating and improving internal processes.

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 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 CYBERA WATCHLIST™, personal data is processed on the basis of the legitimate interest of victims of cybercrime and financial institutions to prevent damage and criminal activities. In the case of CYBERA VSR™, 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.

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 information?

In order to operate the Website, provide the Services, and comply with our legal obligations (including under our contracts), otherwise protect our legitimate interests, or carry out the other purposes set out in Section 5, we may disclose your personal data to third parties, including 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). For example, our parent company has access to your Marketing and Promotional Data and Contract Data in order to develop business 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 example IT providers, credit information agencies, debt collection companies or address verification providers). For the service providers used for the Website, see Section 13. Our key service provider in the IT area is isolutions AG.

To be able to deliver our Services efficiently, we procure IT, information transmission, communication or printing, facility management, security, debt collection, credit agency, address verification, fraud prevention and other services from various third parties. In each case, we disclose to these providers the data they require for their services, which may also concern you. These providers also may 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.

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, for example, we may be required to disclose how you use our Services to your employer.

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 the Services. These authorities act as separate controllers.

Other persons

If you are a customer of our CYBERA VSR™ Services, you understand that you are directing us to make disclosures of your data as necessary to any other persons as we deem, in our sole discretion, necessary and appropriate to achieve the purposes of those Services, including by disclosing financial account data, for all purposes described in Section 5.

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 law enforcement 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.

In the event we sell all or part of our business, acquire additional businesses or enter into partnerships, we may disclose data (including data about you) to the parties to such transactions.

9. Is your personal data disclosed abroad?

We currently store or may transfer personal data to countries other than your country of residence, including the United States, and may subcontract the processing of your data to, or otherwise share your data with trusted service providers in countries other than your country of residence, including the United States, in accordance with applicable law. By providing us with your information, you acknowledge any such transfer, storage, or use.Additionally, 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 non-governmental 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 to the processing.

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 CYBERA VSR™ service 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 a bank account number we receive is urgently suspected to be used for fraudulent behavior, we will automatically delete it from the CYBERA WATCHLIST™ Database once three months have passed without a match.

11. How do we protect your information?

We collect and process personal data that concern you but also other individuals (“third parties”). We use a number of technical and organizational data security measures designed to protect the confidentiality, integrity and availability of such data (which may include encryption and pseudonymization of data, logging, access restrictions, keeping backup copies, giving instructions to our employees, entering confidentiality agreements, and monitoring).

We will 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 the CYBERA WATCHLIST™ Database. We will also not attempt to re-identify you if your account number is listed in the CYBERA WATCHLIST™ Database.

12. What are your rights?

Applicable data protection laws grant you the right to object to the processing of your data in some circumstances(including for direct marketing purposes, for profiling carried out for direct marketing purposes, and to other legitimate interests in processing).

You have the following rights in relation to our processing of your personal data:

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 to us, please contact us in writingIn 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.

If you are an individual holder of a bank account with a bank account number that you believe is listed in the CYBERA WATCHLIST™ Database and you provide us with sufficient proof of your identity and ownership of the respective bank account 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). The same applies if you wish for your bank account number to be removed from the CYBERA WATCHLIST™ 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).

In any caseIn 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) knowIf 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. The Services 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”).

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.

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 by 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 EU General Data Protection Regulation (“GDPR”) and the Swiss Data Protection Act (“DPA”)., Google Ireland Ltd. is the controller (together with Google Analytics, “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.

14. Can we update this Privacy Notice?

We reserve the right to modify this Privacy Notice at any time. We will notify you of material changes to this Privacy Notice in accordance with applicable law. By continuing to use our Services, you are confirming that you have read and understood the revised Privacy Notice and practices described in it.

For Australian Users:

1. What is this Privacy Policy about?

This privacy policy applies to the collection and handling of personal information by Cybera Global AG (Cybera, we, us, our) . We use the word information here interchangeably with personal information.

In this Privacy Policy, we describe what we do with your data when you use:

(a)

www.cybera.io (the “Website”);

(b)

our services CYBERA WATCHLIST™ and/or CYBERA VSR™ (together with the Website, hereinafter the “Services”);

(c)

interact with us regarding a contract;

(d)

communicate with us; or

(e)

otherwise deal with us.

This policy also describes what we do with information about accounts (such as account numbers) that are suspected to have engaged in fraudulent activity and are reported to us by third-parties. When appropriate, we will provide a just-in-time notice to cover any additional handling activities not mentioned in this Privacy Policy. If you disclose information to us about other individuals (for example, in connection with a criminal complaint) you represent and warrant that you are authorized to do so, and that the relevant information is current and accurate.

For the purposes of this Privacy Policy:

“Personal information” means information or an opinion about an identified, or reasonably identifiable, individual.
“Sensitive personal information” is a subset of personal information that has a higher level of privacy protection than other types of information. Sensitive information includes information about a person’s racial or ethnic origins, political opinions or associations, religious or philosophical beliefs, sexual orientation and union or association membership. Sensitive information also includes all health, genetic and biometric information about a person.
“Handling” means any operation that is performed in relation to personal information, such as collection, storage, use, alteration, disclosure and erasure.

In collecting, holding, using, disclosing and otherwise managing your personal information, we will comply with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).

We only collect personal information where it is reasonably necessary to provide our Services. Unless it is not reasonable or practicable to do so, and in other cases allowed by law, we will collect personal information about you directly from you.

By visiting our website, applying for, renewing or using any of our Services, submitting a job application or providing us with your personal information, you agreed to your personal information being collected, held, used and disclosed as set out in this Privacy Policy.

2. What are our services CYBERA WATCHLIST™ and CYBERA VSR™ and why do we handle personal information?

Our aim is to support the fight against cybercrime (fraud and money laundering) in a holistic way, namely by way of prevention (CYBERA WATCHLIST™) and reaction (CYBERA VSR™).

CYBERA WATCHLIST™

For CYBERA WATCHLIST™ service, we maintain a database of account numbers (and, if known, account holder names) for bank accounts believed to be used for criminal purposes (the CYBERA WATCHLIST™ Database). Bank account numbers are added to our CYBERA WATCHLIST™ Database by:

(a)

Banks and other financial institutions;

(b)

Law enforcement authorities, anti-cybercrime companies and organizations, and other cybercrime reporting points;

(c)

Our contractual partners; and

(d)

Us, based on (a) our own investigations and (b) the assessment of criminal complaints by cybercrime victims (who are referred to us by our contract partners and who use our CYBERA VSR™) us, based on (a) our own investigations and (b) the assessment of criminal complaints by cybercrime victims (who are referred to us by our contract partners and who use our CYBERA VSR™)

As part of our Services, we will disclose bank account information we hold to our partner financial institutions to crosscheck relevant bank account numbers against the CYBERA WATCHLIST™ Database in connection with payments they process. In case of a match, we provide the financial institution with some information about the relevant bank account within the CYBERA WATCHLIST™ Database (Matching Dataset (as defined below), which does not include the holder’s name – we usually will not be able to identify the information subject to which the entry relates). The financial institution (and not us) decides, in its sole discretion, what (if any) measures it will take (e.g. suspension of the transaction). The Matching Dataset includes information about the date information is entered into the CYBERA WATCHLIST™ Database, 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). To maintain the CYBERA WATCHLIST™ Database, we handle not only bank account numbers and account holder names, but also information about the persons who submit and edit entries made to the CYBERA WATCHLIST™ Database.

CYBERA VSR™

With our CYBERA VSR™ service, we offer support to cybercrime victims by filing a criminal complaint with the competent criminal authorities (worldwide) online on their behalf. In doing so, we will necessarily collect information from the victims, and subsequently disclose this information to the appropriate competent criminal authorities. This information may include details about the victim and the alleged perpetrator, and is collected through our CYBERA VSR™ service detailed above and then securely stored on our CYBERA WATCHLIST™ Database. We only add information we gain through CYBERA VSR™ to the CYBERA WATCHLIST™ 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 handles your information?

Cybera Global AG, Zürich (Cybera Global) is the controller for Cybera Global’s handling under this Privacy Policy, unless we tell you otherwise in an individual case. This applies, in particular, where your information is exchanged with our parent company Cybera Global Inc. (see Section 8).

For each handling activity there are one or several parties that are responsible for ensuring that the handling complies with the Privacy Act and APPs. This party is called the controller. It is responsible, for example, for responding to access requests (Section 12) or for ensuring that personal information is processed securely and not used in an unlawful manner.

Additional parties may be joint controllers for the handling set out in this Privacy Policy if they participate in determining the purpose or means of the handling. If you wish to receive information about the controllers for a specific handling activity, you are welcome to ask us under your access rights (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 handling. 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 information protection concerns and to exercise your rights under Section 12 as follows:

Cybera Global AG
Basteiplatz 7
CH-8001 Zürich
dataprotection@cybera.io

4. What information do we handle and why?

We process various categories of information about you. The main categories of information are as follows:

Technical Data

When you use our Website and our Services offered thereon, we collect the following (collectively, Technical Data):

(a)

the IP address of your terminal device;

(b)

logs about your use of the service (e.g., time of access); and

(c)

other technical data in order to ensure the functionality and security of these offerings.

We keep Technical Data for as long as we require for the provision of our Services, which is usually about six months. To provide you access to the Services, we may also assign an individual code to you or your terminal device (for example as a cookie, see Section 13).

Registration data

To enter information in the CYBERA WATCHLIST™ Database or submit a criminal complaint to be filed by us, you must create a Cybera Global account (Account), either directly with us or through our third-party login service providers. A list of our authorised third-party login service providers is available here: Network – CYBERA.

To create an Account, you must provide us with certain data (Registration Data).

We keep Registration Data only for as long as we require it for the provision of our Services, after which we securely delete Registration Data.

For CYBERA WATCHLIST™, we generally keep Registration Data for 12 months from the date you cease use of the Service or the Account is closed.

For CYBERA VSR™, we generally keep Registration Data for one month after we file the relevant criminal complaint.

Communication Data

If we have to determine your identity, for example in relation with a request for information, we may also request or collect data necessary to identify you (for example a copy of an ID document). We only keep this data for as long as we require the for the provision of our Services, which is generally about 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. However, if you use our CYBERA VSR™ service, we will delete the copy of your criminal complaint 18 months after we file such complaint with the relevant law enforcement authorities.

Marketing and Promotional Data

We may also collect and disclose information for direct 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 (collectively Marketing and Promotional Data). We will generally only collect Marketing and Promotional Data about you, from you directly.

We process your Marketing and Promotional if you are, or you work for, a Cybera Global customer or other business contact or if we wish to address you for our own purposes (for example, as part of marketing and advertising). We generally keep Marketing and Promotional Data for two years from the last exchange between us but at least from the end of the contract, unless you notify us earlier that you wish for us to delete any Marketing or Promotional Data we may hold about you. This period may be longer if required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons.

Marketing and Promotional Data may include 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; 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), official documents (for example excerpts from the commercial register, permits, etc.), and payment information that concerns you.

If you do not wish to receive any marketing or promotional communications, or if you would like us to stop using or disclosing your personal information for marketing purposes, you can easily opt-out by contacting us at the contact details set out in this Privacy Policy. You can also opt-out of receiving specific communications through the opt-out mechanisms contained in each marketing communication to you.

Contract Data

This means data that is collected in connection with the negotiation, execution or performance of a contract, including information about:

(a)

the services provided or to be provided;

(b)

feedback;

(c)

contact persons under our contracts; and

(d)

who is authorized to act on behalf of our contractual counter-parties (including powers of attorney, signature authorizations and declarations of consent).

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 two 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.

Contract Data includes information about deficiencies, complaints and contractual modifications, customer satisfaction information that we may collect for example through surveys, credit and other financial information, 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). For contact persons and representatives of our customers, suppliers and partners, Contract Data includes, for example, the name and address, role or function, qualifications and (where applicable) information about superiors, co-workers and subordinates of such contact persons. If you or someone acting on your behalf makes an entry into our CYBERA WATCHLIST™ Database about a bank account number that is believed to be involved in a fraudulent transaction, we will collect the Account Dataset that is provided (as defined below). We also add the same set of information to the CYBERA WATCHLIST™ Database if we make an entry based on our own research or based on information we received through our CYBERA VSR™ service. We will generally delete data for a particular account from the CYBERA WATCHLIST™ Database when twelve months without a match have passed. The Account Dataset includes information about the account number or other identifying information (e.g., IBAN), the name of the 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. If you or someone acting on your behalf uses our CYBERA VSR™ service to file a criminal complaint with the competent law enforcement authorities, Contract Data includes all data relevant to file the criminal complaint, we will ask for data to complete the Criminal Complaint Dataset (as defined below) 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. 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 anticipated.

Behavioral and Preference Data

Behavioral data is information about certain actions, including your response to electronic communications 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 and Services. 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.

Other data

We also collect data from or about 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 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 Marketing and Promotional 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 handling 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 three 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.

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 certain data from you, which may include Contract Data and Communication Data , 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.

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 Dataset in connection with feeding our CYBERA WATCHLIST™ service and those third parties who provide us the Criminal Complaint Dataset when using our CYBERA VSR™ service). We will only do so where it is not reasonable or practicable to obtain this data directly from the person it relates to.

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 administrative 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 account, 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., where they refer you to us and you can therefore use the service CYBERA VSR™, or that in connection with the service CYBERA WATCHLIST™ include personal data about you in connection with the suspected 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 internet about you (for example in the context of the detection of cybercrime), your address and potential 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 offerings where such use can be linked to you.

5. For what purposes do we process your information?

We handle your information for the purposes explained below. Further information is set out in Section 13 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 handling in Section 6.

In connection with providing our CYBERA WATCHLIST™ service, we handle your information for the purpose of maintaining a database of bank account numbers (and additional information) that are the (anticipated) recipients of cybercrime-related suspicious transactions. You can find further information about this service in Section 2.

In connection with providing our CYBERA VSR™ service, we handle your information to file criminal complaints with the competent criminal authorities on your behalf. You can find further information about this service in Section 2.

We handle your information in order to communicate with you (whether by e-mail, telephone, social media, letter or fax), including to respond to inquiries and requests to exercise of your rights (Section 12) that we may receive from you. For this purpose, we use your Communication Data and Marketing and Promotional Data, and Registration Data. We keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.

We handle your information for:

(a)

the execution, administration and performance of contractual relationships;

(b)

the enforcement of legal claims arising from our contracts; and

(c)

marketing purposes and relationship management (e.g. sending 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). We further handle your information for market research, to improve our Services and operations, and for product development.

We may also handle your information for security and access control purposes. We handle personal information to comply with laws, directives and recommendations from authorities and internal regulations (Compliance). We also handle your information for the purposes of our risk management and as part of our corporate governance, including business organization and development. We may handle your information for further purposes, for example as part of our internal processes and administration (including training and education, managing master data, accounting, data archiving, and testing, managing and continuously improving IT infrastructure, protecting our rights, and evaluating and improving internal processes).

6. On what basis do we process your data?

Where we ask for your consent for certain handling activities (for example for marketing mailings and for advertising management and behaviour analysis on the Website), we will inform you separately about the relevant handling 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 Website. Once we have received notification of withdrawal of consent, we will no longer handle 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 handling based on the consent prior to withdrawal.

Where we do not ask for your consent for handling personal information, the handling of your personal information relies on the requirement of the handling for initiating or performing a contract with you (or the entity you represent) or on our, or a third-party’s, legitimate interest in the particular handling, 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 expressly recognized as a legal basis by the Privacy Act or APPs, or any other relevant data protection laws (for example the European Union’s General Data Protection Regulations). 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 CYBERA WATCHLIST™, personal information is handled on the basis of the legitimate interest of victims of cybercrime and financial institutions to prevent damage and criminal activities. In the case of CYBERA VSR™, 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 information of the individuals accused.

Where we receive sensitive personal information, we may handle 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 defence 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 information (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 Behavioural and Preference Data, but also other data we hold include Contract Data and Technical Data relating to you in order to better understand you as a person with your various interests and other characteristics.

If you are our customer, then as part of our Service offering 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.

8. With whom do we share your information?

In order to operate the Website, provide the Services, comply with our legal obligations (including under our contracts), otherwise protect our legitimate interests, or carry out the other purposes set out in Section 5, we may disclose your personal information to third parties, including the following categories of recipients:

Parent company

Our parent company Cybera Global Inc. based in New York, USA, may use the information according to this Privacy Policy for the same purposes as we use it (see Section 5). For example, our parent company has access to your Marketing and Promotional Data and Contract Data in order to develop business strategies.

Service providers

We work with overseas service providers in Switzerland and in some cases in other countries who handle your information on our behalf or as joint controllers with us or who receive data about you from us as separate controllers (for example IT providers, credit information agencies, debt collection companies or address verification providers). For the service providers used for the Website, see Section 13. Our key service provider in the IT area is isolutions AG. See section 9 for more information about our overseas disclosure of information.

To be able to deliver our Services efficiently, we procure IT, information transmission, communication or printing, facility management, security, debt collection, credit agency, address verification, fraud prevention and other services from various third parties. In each case, we disclose to these providers the information they require for their services, which may also concern you. These providers also may use such information 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.

Contractual partners, including customers

This refers to customers (for example financial institutions) and our other contractual partners (e.g., police) as this information disclosure results from these contracts.

If you work for one of these contractual partners, for example, we may be required to disclose how you use our Services to your employer.

Authorities

We may disclose personal information to agencies, courts and other authorities in Australia 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 the Services. These authorities act as separate controllers.

Other persons

If you are a customer of our CYBERA VSR™ Services, you understand that you are directing us to make disclosures of your data as necessary to any other persons as we deem, in our sole discretion, necessary and appropriate to achieve the purposes of those Services, including by disclosing financial account data, for all purposes described in Section 5.

All these categories of recipients may involve third parties, so that your data may also be disclosed to them. We can restrict the handling by certain third parties (for example, IT providers), but not by others (for example law enforcement authorities, banks, etc.).

We may enable certain third parties to collect personal information from you (for example, press photographers, providers of tools on our Website, law enforcement agencies, etc.). Where we have no control over these data collections (such as if we are required to disclose information to law enforcement agencies or judicial bodies), 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.

In the event we sell all or part of our business, acquire additional businesses or enter into partnerships, we may disclose data (including data about you) to the parties to such transactions.

9. Is your personal data disclosed abroad?

We currently store or may transfer personal information to countries other than your country of residence, and may subcontract the handling of your data to, or otherwise share your information with trusted service providers in countries other than your country of residence, including the United States and Switzerland, in accordance with the Privacy Act

Additionally, as explained in section 8, we disclose information to other parties. These are not all located in Australia. Your information may therefore be processed both in Europe and the USA, and in exceptional cases, any country in the world.

We will only store, use or transfer your personal information in a country other than your country of residence where this is reasonably necessary for us to perform the Services for you, and in accordance with the other purposes set out in this Privacy Policy.

If a non-governmental recipient of information is located in a country without adequate statutory data protection, we require that recipient to undertake to comply with data protection and privacy obligations in line with the Privacy Act and the APPs. 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 to the handling.

10. How long do we process your data?

We handle your data and information for as long as in reasonably necessary for the handling purposes set out in this Privacy Policy, the legal retention periods and our legitimate interests in documentation and evidence storage or retention (including where this is a technical requirement). You will find further information on the respective storage and handling 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 we no longer have any reasonable need (i.e where the storage or handling period has expired), as part of our usual processes.

Because of the nature of our Services, we may retain your information for a short period following completion of our services to ensure that the information is not further required, or to ensure the information does not become required (such as where we are checking against databases for matches). For instance:

If you used our CYBERA VSR™ service 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 a bank account number we receive is urgently suspected to be used for fraudulent behavior, we will automatically delete it from the CYBERA WATCHLIST™ Database once twelve months have passed without a match.

11. How do we protect your information?

We collect and process personal information that concern you but also other individuals (third parties). We use a number of technical and organizational data security measures designed to protect the confidentiality, integrity and availability of such information (which may include encryption and pseudonymization of data, logging, access restrictions, keeping backup copies, giving instructions to our employees, entering confidentiality agreements, and monitoring).

We will also allow only those customers with an account number or who can validly demonstrate their identity / authority to access their personal information that may be contained in the Account Dataset should they wish to check it against the CYBERA WATCHLIST™ Database. We will also not attempt to re-identify you if your account number is listed in the CYBERA WATCHLIST™ Database.

12. What are your rights?

Applicable data protection laws including the Privacy Act grant you the right to object to the handling of your data in some circumstances (including for direct marketing purposes, for profiling carried out for direct marketing purposes, and to other legitimate interests in processing).

You have the following rights in relation to our processing of your personal data:

The right to request information from us as to whether and what information we handle from you;
The right to have us correct information if it is inaccurate or out-of-date;
The right to request erasure, deletion or (in some cases) anonymisation of information;
In some cases, the right to request that we provide certain personal data in a commonly used electronic format or transfer it to another entity;
The right to withdraw consent, where our handling is based on your consent. You may withdraw or revoke any consent (including for individual uses or disclosures) of your personal information, however if you do so it may no longer be possible for us to provide our Services to you. Our collection, use and disclosure of your personal information in the past based on your consent shall, however, not become illegal through your revocation;
The right to receive, upon request, further information that is helpful for the exercise of these rights;
The right to engage with us using a pseudonym or whilst remaining anonymous. However, in most instances, we will need your personal information in order to provide services to you and it may not always be possible for us to provide you with our Services if you are engaging with us anonymously or using a pseudonym.

If you wish to exercise the above-mentioned rights in relation to us, please contact us in writing using the contact details listed in Section 3 above. In order for us 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) or otherwise verify your authority for accessing or handling the personal information we hold.

We will respond to any requests for you to exercise the above-mentioned rights within a reasonable time and free of charge.

Please note that conditions, exceptions or restrictions apply to these rights under the Privacy Act (for example to protect third parties or trade secrets). We will inform you accordingly where applicable.

Complaints

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 by lodging a complaint using the details listed at Section 3. When you contact us with a complaint, we will acknowledge your compliant, and allocate your complaint to a suitable member of staff who will investigate and respond to the complaint efficiently, fairly and within a reasonable time.

If you are located in Australia, you may also make a complaint to the Office of the Australian Information Commissioner here if you feel we have not adequately handled or addressed your complaint. 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?

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. The Services 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”).

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 by 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 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 EU General Data Protection Regulation (“GDPR”) and the Swiss Data Protection Act (“DPA”)., Google Ireland Ltd. is the controller (together with Google Analytics, “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 handling 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 handling here.

14. Can we update this Privacy Notice?

We reserve the right to modify this Privacy Policy at any time. We will notify you of material changes to this Privacy Policy in accordance with applicable law. By continuing to use our Services, you are confirming that you have read and understood the revised Privacy Policy and practices described in it.

C y b e r a

CYBERAWATCHLIST™

CYBERAVSR™

Privacy Policy

1. What is this Privacy Policy about?

2. What are our services CYBERA WATCHLIST™ and CYBERA VSR™ and why do we process personal data?

3. Who is the controller for processing your data?

4. What data do we process?

5. For what purpose do we process your data?

6. On what basis do we process your data?

7. What applies in case of profiling and automated individual decisions?

8. With whom do we share your information?

9. Is your personal data disclosed abroad?

10. How long do we process your data?

11. How do we protect your information?

12. What are your rights?

13. Do we use online tracking?

14. Can we update this Privacy Notice?

For Australian Users:

1. What is this Privacy Policy about?

2. What are our services CYBERA WATCHLIST™ and CYBERA VSR™ and why do we handle personal information?

3. Who handles your information?

4. What information do we handle and why?

5. For what purposes do we process your information?

6. On what basis do we process your data?

7. What applies in case of profiling and automated individual decisions?

8. With whom do we share your information?

9. Is your personal data disclosed abroad?

10. How long do we process your data?

11. How do we protect your information?

12. What are your rights?

13. Do we use online tracking?

14. Can we update this Privacy Notice?

CYBERAWATCHLIST™

CYBERAVSR™