DATA PROTECTION STATEMENT OF CYBERGAP GMBH

Version effective as of 09/01/2023

With this Data Protection Statement we, cybergap GmbH (hereinafter cybergap GmbH, we or us), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements are applicable in specific circumstances.

The term „personal data“ in this Data Protection Statement shall mean any information that identifies, or could reasonably be used to identify any person.

If you provide us with personal data of other persons (such as work colleagues, etc.), please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.

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.

  1. Controller / Data Protection Officer

The „controller“ of data processing as described in this data protection statement (i.e. the responsible person) is cybergap GmbH (CHE-370.995.690), Kramgasse 7, 6004 Luzern (www.cybergap.io; email@cybergap.io). You can notify us of any data protection related concerns using the afore mentioned contact details.

  1. Collection and Processing of Personal Data

We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications. Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet), from authorities or other third parties.

Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, information about you given to us by individuals associated with you (employer, consultant, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, bank details, information regarding insurances), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, etc.), your address, data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

  1. Purpose of Data Processing and Legal Grounds

We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with our recruitment services to our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.

In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties‘) legitimate interest, such as:

  • providing and developing our services and websites, apps and other platforms, on which we are active;
  • communication with third parties and processing of their requests (e.g., job applications);
  • review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;
  • advertisement and marketing, provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
  • market and opinion research, media surveillance;
  • asserting legal claims and defense in legal disputes and official proceedings;
  • prevention and investigation of criminal offences and other misconduct (e.g. data analysis to combat fraud);
  • ensuring our operation, including our IT, our websites, apps and other appliances;
  • measures for business management and compliance with legal and regulatory obligations.

If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

  1. Cookies / Tracking and Other Techniques Regarding the Use of our Website

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. 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»).

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 currently use offers from the following service providers in order to ensure the functionality of our website:

  • CookieYes:
    CookieYes Limited, 3 Warren Yard Warren Park,  Wolverton Mill, Milton Keynes, MK12 5NW, United Kingdom
    Here you can find more information on CookieYes‘ Privacy Policy: https://www.cookieyes.com/privacy-policy/

In addition, we use plug-ins from social networks such as LinkedIn, XING and WhatsApp on our websites. This is visible for you (typically based on the respective symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their own purposes. This processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.

  1. Processing of personal data on our social media pages

We maintain pages and other online presences on social networks and other platforms operated by third parties. In this context, we may process data about you. We may receive data from you (e.g., when you communicate with us or comment on our content) and from the platforms (e.g., statistics). The platform providers may analyze your usage and process this data together with other data they have about you. They also process this data for their own purposes (e.g., marketing and market research purposes and to manage their platforms), and act as individual data controllers for this purpose. For more information on processing by platform operators, please refer to the privacy notice of the respective platforms.

We currently maintain a presence on the following platforms, with the identity and contact details of the platform operator available in the respective privacy notices:

We are entitled, but not obliged, to check content before or after it is published on our online presences, to delete content without notice and, if necessary, to report it to the provider of the relevant platform.

Some of the platform operators may be located outside of Switzerland. Information on cross-border data transfers can be found under Section  6. If you access their offers directly (e.g. visit our online presence on social media, see below), you yourself will transmit your personal data abroad and not us.

  1. Datatransfer and Transfer of Data Abroad

In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:

  • our service providers, including processors (such as e.g. IT providers);
  • suppliers, subcontractors and other business partners;
  • clients;
  • domestic and foreign authorities or courts;
  • the public, including users of our websites and social media;
  • competitors, industry organizations, associations, organizations and other bodies;
  • other parties in possible or pending legal proceedings;

together Recipients.

Certain Recipients may be within Switzerland but they may be located in any country worldwide, in particular in Europe and the USA where our service providers are located (such as Microsoft, Bullhorn, Linkedin and Google).

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 revised European Commission’s standard contractual clauses) unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. 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.

  1. Retention Periods for your Personal Data

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).

  1. Data Security

We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as IT and network security solutions, access controls and restrictions.

  1. Obligation to Provide Personal Data To Us

In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

  1. Your Rights

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes and for other legitimate interests in processing in addition to the right to receive certain personal data for transfer to another controller (data portability).

Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

  1. Amendments of this Data Protection Statement

We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.