Privacy Policy

Privacy Statement

This Privacy Statement (this “Statement”) was last updated on 14 March 2023.

Introduction

Cyberbay is strongly committed to protecting personal information. This Statement explains what information we gather about you, what we use that information for, and who we give that information to. It also sets out your rights in relation to your information and who you can contact for more information or queries.

“Cyberbay”, “we”, “us” and “our” refer to Reimagine CyberBay Limited.

Click on the links in our index below to take you to the more detailed sections of this Statement.

Scope

Collection of personal information

Use of personal information

Marketing

Third party Websites, Social Media Platform and Payment Processing

Security of personal information

Transfer of personal information

Retention of personal information

Your Choices For Your Own Information

Children

Contact us

Changes to this Statement

Appendix 1 - Applicable only to Individuals based in the European Economic Area

1. Scope

The privacy of your personal information is important to us. This Statement describes how Cyberbay handles personal information collected through our official website https://cyberbay.tech/ (the “Website”) and the relevant services provided by Cyberbay in connection with the Website (referred to as “Cyberbay Services”).

This Statement applies to any personal data provided to us, and any personal data created in connection with our Cyberbay Services. If you choose not to provide us with the personal information necessary to enable us to provide Cyberbay Services, you may not be able to use the Cyberbay Services.

Cyberbay may have other websites, social media platforms, applications, products and/or services, which may adopt a Privacy Statement that differs from this one and/or contain additional information as required under local laws. Please refer to the relevant Privacy Statements in order to understand how we process your personal information in that particular situation.

In this Statement, your information is sometimes called “personal data” or “personal identifiable information” or “personal information”. We also sometimes collectively refer to handling, collecting, protecting or storing your personal information as “processing” such personal information.

For personal data collected in Mainland China: If you are providing personal data of other individuals, please make sure that

(i) the personal data is from a legitimate and lawful source;

(ii) the other individuals are aware of the purpose(s) for collecting his/her personal data and all other relevant arrangement described in this Statement relating to the processing and use of personal data, and that he/she has consented to such disclosure and data processing.

We may contact you to inquire and confirm with you in relation to (i) and (ii) above. If you receive such an enquiry from us, please kindly assist and provide us with prompt response. We may have to discontinue the Cyberbay Services if we are unable to obtain the verification needed.

By using our Cyberbay Services and providing personal information to us, you acknowledge that you have read this Statement, and subject to your explicit consent which we may separately seek from you as may be required by applicable law, you consent to the terms of this Statement (including international transfers as set out in this Statement to countries outside where you are located).

If you do not agree with the terms in this Statement and have concerns about the categories of personal data we require from you, please do not provide any personal information to us without contacting us.

If you are an individual based in the European Economic Area (“EEA”) and the European Union General Data Protection Regulation (“GDPR”) is applicable to Cyberbay in providing the Cyberbay Services in question, we may rely on legal basis other than consent to process your personal information as set out in Appendix 1.

2. Collection of personal information

The types of personal information we may collect and our privacy practices depend on the nature of the relationship you have with Cyberbay and the requirements of applicable law. Some of the ways that Cyberbay may collect personal information include:

You may provide personal information directly to Cyberbay through interacting with the Services, participating in surveys, during events such as sweepstakes, and requesting Services, or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

We endeavor to collect only that information which is relevant for the purposes of processing. Below are the ways we collect personal information and how we use it.

2.1 Categories of Personal Data

Cyberbay collects personal information regarding its current, prospective, and former clients, customers, users, visitors, and guests (collectively “Individuals”).

Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as registering for an account with Cyberbay, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:

User Profiles. When you subscribe to receive communications from us, create a user profile, or send an inquiry through our websites, Cyberbay may collect certain personal information including your name, current job title, name of employer, email address, location, contact details, photographs, examples of your work, information on work previously performed via the Service and outside the Service, skills and other information, including your username (“Profile”). The information in your Profile may be visible to all Cyberbay users and the general public. Pre-engagement checks. We may collect name, correspondence address, email address, national identification details, for purpose of performing our pre-engagement acceptance checks (which may include conflicts, anti-money laundering or other regulatory-related checks) and these are necessary for us to fulfil such checks; and in the course of providing our products and/or services to you/your organisation/your employer when it is necessary for business purposes.
Communications with Us. We may collect personal information from you such as email address, phone number or mailing address when you choose to request information about our Services, register for Cyberbay's newsletter, request to receive customer or technical support, or otherwise communicate with us.
Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information, including your name and email address. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Websites and/or services and in any manner consistent with the policies provided herein.
Webinars/webcast/events. We may collect certain personal information including your name, current job title, name of employer, email address, location, contact details when you register for our webinars / webcast / events. At the time of your registration, you might also be asked for your postal address and whether or not you would like to be informed of upcoming webinars / webcasts via the contact information you provided and/or through your postal address. We use registration information for internal research and analysis purposes to help us understand who is viewing our webcasts, and become better equipped to serve your needs.
Information on social networking account. Information which you have made publicly available on your social networking account, such as your name and your interests in our products and services, when you interact with us on our pages at social networking sites. The social networking sites may provide statistics and insights to us which help us understand the types of actions that people take on our pages. Where applicable, we and the social media site(s) have entered into an arrangement which determines our respective responsibilities;
Posting on the Services. Cyberbay may offer publicly accessible pages, blogs, private messages, or community forums. You should be aware that, when you disclose information about yourself in on Cyberbay's pages, blogs, private messages, and community forums, the Cyberbay Services will collect the information you provide in such submissions, including any personal information. If you choose to submit content to any public area of the Cyberbay Services, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
Alumni Information. We may collect your social network ID, such as WeChat ID and LinkedIn profile URL, when you register as an alumni. Any personal information that an alumnus submits to us will only be used to maintain contact with that alumnus, and will not be disclosed to any third party without your express permission.
Automatic Data Collection. We may collect certain information automatically through our Cyberbay Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Cyberbay Services, and other actions taken through use of the Cyberbay Services such as preferences.
Cookies, Pixel Tags/Web Beacons, and Analytics Information. We, as well as third parties that provide content, advertising, or other functionality on our Cyberbay Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Cyberbay Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices.
Cookies. Cookies are small text files placed in visitors' device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Cyberbay Services may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Cyberbay Services that collects information about users' engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Embedded Scripts. We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an embedded script. An embedded script is programming code that is designed to collect information about your interactions with the Cyberbay Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.
Social Media Widgets. Our Website includes social media features such as the Facebook “Like” button and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. For more information about Google Analytics, please visit [www.google.com/policies/privacy/partners/](http://www.google.com/policies/privacy/partners/). You can opt out of Google's collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Any other additional information you choose to provide to us (e.g. your working history), for instance, when you use any “Contact Us” feature of our Cyberbay Services, as part of the registration process, register a user account, and/or create and update your user profile.

Information Submitted Via Cyberbay Services. You agree that Cyberbay is free to use the content of any communications submitted by you via the Cyberbay Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Cyberbay Services. Cyberbay will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so or it is otherwise necessary as part of the Cyberbay Services, such as to facilitate payment to you as a researcher; (b) we first send notice to you that the materials or other information you submit to a particular part of Cyberbay Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Information from Other Sources. We may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access or use our Cyberbay Services through a third-party application, we may collect information about you from that third-party application that is public via your privacy settings or is otherwise available. This supplemental information allows us to verify information that you have provided to Cyberbay and to enhance our ability to provide you with information about our business, products, and Cyberbay Services.

We may also collect personal data indirectly, such as using cookies. For more information on our use of cookies, please refer to Cookies section.

It is our policy that you are only required to supply us with the minimum scope of personal information that is necessary for us to complete your request and/or to provide you our Cyberbay Services (“Necessary Personal Information”). You may voluntarily provide us with additional personal information we ask for, which will help us to improve Cyberbay Services and to better serve your needs. Failure to provide us with such additional personal information will not negatively affect your use of Cyberbay Services.

2.2 Sensitive personal information

We do not usually seek personal sensitive information (e.g., data relating to personal ID, personal asset, race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation) from visitors to our websites. As indicated in 2.1 above, we may however collect certain categories of personal data, which may be regarded as sensitive personal data under relevant laws in Mainland China for purposes of conducting [pre-engagement checks and for security purposes (granting access to our premises)].

We will not collect and process your sensitive personal data unless we have obtained your explicit consent as may be required under applicable law.

3. Use of personal information

For Necessary Personal Information we collect, we acquire, hold, use, and process personal information about Individuals for a variety of business purposes, including:

To Provide Products, Services, or Information Requested. Cyberbay may use information about you to provide the Cyberbay Services and fulfill requests for products or information, including to:

Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
To assess vulnerabilities and other bugs you discover in the course of your use of the Services;
Provide access to certain areas, functionalities, and features of Cyberbay's Services;
Contact you to answer requests for customer support or technical support;
Allow you to register for events.

Administrative Purposes. Cyberbay may use personal information about you for its administrative purposes, including to:

Measure interest in Cyberbay Services;
Develop new products and Cyberbay Services;
Ensure internal quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on Cyberbay Services and systems, and, in Cyberbay's discretion, changes to any Cyberbay policy;
Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as Account management, customer service, or system maintenance;
Process payment for products or services purchased;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Enforce our Statements.

Marketing Cyberbay Products and Services. Cyberbay may use personal information to provide you with materials about offers, products, and Cyberbay Services that may be of interest, including new content or Cyberbay Services. Cyberbay may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:

To tailor content, advertisements, and offers;
To notify you about offers, products, and services that may be of interest to you;
To provide Cyberbay Services to you and our sponsors;
For other purposes disclosed at the time that Individuals provide personal information; or
Otherwise with your consent.

You may contact us at any time to opt-out of the use of your personal information for marketing purposes, as further described in Section 9 below.

Research and Development. Cyberbay may use personal information alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Cyberbay Services or develop new products and Cyberbay Services.
Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with personal information, or whose personal information we obtain from third parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on Cyberbay's or our business partners' products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
Services via Mobile Devices. From time to time, Cyberbay may provide Cyberbay Services that are specifically designed to be compatible and used on mobile devices. Cyberbay will collect certain information that your mobile device sends when you use such Cyberbay Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Mobile versions of Cyberbay's Services may require that users log in with an account. In such cases, information about use of mobile versions of the Cyberbay Services may be associated with accounts. In addition, Cyberbay may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit personal information to Cyberbay to enable Individuals to access accounts and to enable Cyberbay to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Cyberbay may use personal or non-identifiable information transmitted to Cyberbay to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Statement or in other notices Cyberbay provides.
De-Identified and Aggregated Information Use. Cyberbay may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Cyberbay Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors' interest in and use of various portions or features of the Cyberbay Services. De-identified and/or aggregated information is not personal information, and Cyberbay may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Cyberbay and with third parties for our or their purposes in an de-identified and/or aggregated form that is designed to prevent anyone from identifying you
Sharing Content with Friends or Colleagues. Cyberbay Services may offer various tools and functionalities to share content. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Cyberbay or any other third parties for any other purpose.
Other Uses. Cyberbay may use personal information for which we have a legitimate interest, such as network and information security, direct marketing, disclosure to affiliated organizations, research (including marketing research), fraud prevention, or any other purpose disclosed to you at the time you provide personal information or with your consent.
Uses of Automatic Collection Technologies. Our use of the Technologies fall into the following general categories:

Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;
Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

If you would like to opt-out of the Technologies we employ on our Cyberbay Services, you may do so by blocking, deleting, or disabling them as your browser or device permits.

For personal information that is not Necessary Personal Information we collect, we will use it to improve the Cyberbay Services, to develop different functions of our products/services and to better serve your needs.

We will only use the personal information collected for the above purposes where we have a lawful basis for such processing, including obtaining any prior consent as may be required under applicable law.

4. Marketing

We may send you communications including publications from time to time, technical updates, upcoming events/seminars/webcasts, or surveys, Cyberbay's latest insights and activities in major business and industry areas which may be of interest to you, and products or services that you request from us.

Where we are legally required to obtain your consent to provide you with marketing materials, we will only send marketing materials if you have given consent for us to do so.

If you would like to subscribe to our e-newsletter, update your contact details or customise the information you receive from us, please complete the form at https://www.cyberbay.tech.

You may opt out of receiving marketing materials from us at any time at https://www.cyberbay.tech.

5. Third party Websites, Social Media Platform and Payment Processing

The Cyberbay Services may contain links to other websites and other websites may reference or link to our Cyberbay Services. These other domains and websites are not controlled by us, and Cyberbay does not endorse or make any representations about third-party websites or social media platforms. We encourage our users to read the privacy statements of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Cyberbay Services may include publicly accessible blogs, community forums, or private messaging features. The Cyberbay Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Website or other Cyberbay Services. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.

If you use Cyberbay Services to make, receive or facilitate payments in connection with the ]Cyberbay Services, we and Third-Party applications may collect certain financial information from you to process transactions, including your name, email address, address, financial account information and other billing information.

6. Security of personal information

We have implemented generally accepted standards of technology and operational security in order to protect personally identifiable information from loss, misuse, alteration or destruction. Only authorised persons are provided access to personal information collected via the Cyberbay Services; such individuals have agreed to maintain the confidentiality of this information.

Although we use appropriate security measures once we have received your personal data, the transmission of data over the internet (including by e-mail) is never completely secure. We endeavour to protect personal data, but we cannot guarantee the security of data transmitted to or by us.

Where a personal information security incident arises, we shall respond to the incident, assess the likely impact of the incident, and take necessary actions to bring the incident under control. Where necessary, we will report to the appropriate authority, notify you of the incident and provide relevant information, as may be required under applicable laws and regulations.

7. Transfers of personal information

Your personal data may be transferred to, processed by and stored with, the following classes of transferees/categories of recipients for the purposes as described in this Statement:

7.1 Information We Share

We may share your information as described in this Statement (e.g., with our third-party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust personal information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Cyberbay Services. Cyberbay has executed appropriate contracts with the service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Business Partners. Cyberbay may share personal information with our business partners, and affiliates for our and our affiliates' internal business purposes or to provide you with a product or service that you have requested. Cyberbay may also provide personal information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner's name will appear, along with Cyberbay. Cyberbay requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of personal information they maintain on our behalf and not to use it for any purpose other than the purpose for which Cyberbay provided them.
Content Visible to Others. When you create a Profile or post content to the Cyberbay Services, this information may be displayed to others. We are not responsible for privacy practices of the other users who will view and use the posted information.
Marketing - Interest-Based Advertising and third party Marketing. Through our Cyberbay Services, Cyberbay may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third-party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Cyberbay related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” We may allow access to other data collected by the Cyberbay Services to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your personal information with third-party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 4.
Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours', ours' or others' rights, property, or safety; (iv) to enforce Cyberbay policies or contracts; (v) to collect amounts owed to Cyberbay; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes - e.g., to detect unauthorized activity on the Cyberbay Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, Cyberbay will endeavor to direct the transferee to use personal information in a manner that is consistent with the Privacy Policy in effect at the time such personal information was collected.

It is our policy to use only third party service providers that are bound to maintain appropriate levels of security and confidentiality and process personal information only as instructed by us pursuant to the contract between us. Subject to the foregoing, third party service providers may also use their respective subsidiaries and affiliates, and their own third party subcontractors that have access to personal data (sub-processors) to meet purposes of disclosure and/or transfer.

7.2 Other disclosures

We may also disclose personal information to third parties under the following circumstances:

when explicitly requested by you including delivering publications or reference materials as requested by you;
when required to facilitate conferences or events hosted by a third party or co-hosted with a third party which you have registered for; personal information may be collected via event registration forms and the type of information collected will vary. We may share such information with third parties for purposes connected to the event;
when Cyberbay is involved in a merger, acquisition, or sale of all or a portion of its assets; and/or
as otherwise set out in this Statement.

We may also disclose your personal information to law enforcement, regulatory and other government agencies and authorities, professional bodies and other third parties, as required by and/or in accordance with applicable law or regulation. This may include disclosures outside the country or region where you are located.

7.3 International transfers

As Cyberbay is an international company with third party service providers located around the world, your personal information may be transferred to and stored outside the country or region where you are located. Our service providers and sub-processors we engage may use servers and other resources in various countries and territories to process your information. Such jurisdictions may have different data protection laws. It is our policy to use only third party service providers that are bound to maintain appropriate levels of security and confidentiality and process personal information only as instructed by Cyberbay. This may include confidentiality agreements with parties that we commission to handle personal information, requiring them to process personal information in accordance with our requirements, this Statement and any other relevant confidentiality and security measures.

Where we collect personal information from within the EEA, in circumstances where the GDPR is applicable to Cyberbay in providing the Cyberbay Services in question, please refer to Appendix 1.

7.4 Transfer of business

This Statement discusses information practices of Cyberbay in the ordinary course of its business. Cyberbay reserves the right to transfer all data in its possession to a successor-in-interest to its business or assets.

We will require such successor-in-interest to continue to be bound by this Statement, otherwise they will be required to seek your consent.

8. Retention of personal information

It is our policy to retain personal data only for as long as is necessary for the fulfilment of the purposes for which the data are to be used, or as required by law, regulation or professional standards and in order to establish, exercise or defend our legal rights.

We keep contact information (such as mailing list information) until a user unsubscribes or requests that we delete that information. If you choose to unsubscribe from a mailing list, we may keep certain limited information about you so that we may honour your request.

9. Your Choices For Your Own Information

You may have the right to object to and opt out of certain uses and disclosures of your personal information. Where you have consented to Cyberbay's processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting hello@cyberbay.tech.

Email and Telephone Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Cyberbay and Cyberbay Services and you will not be able to opt out of those communications (e.g., communications regarding updates to this Statement).

“Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising

As noted above, you may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, https://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.

Please note you must separately opt out in each browser and on each device.

If you would like to exercise any of these rights, please contact our Team at hello@cyberbay.tech. We will treat your requests in accordance with applicable legal requirements.

We may charge a fee for your request to access your information, if permitted by applicable law.

If you are an individual based in the EEA and GDPR is applicable to Cyberbay in providing the Cyberbay Services in question, you may be entitled to additional rights (see Appendix 1).

10. Children

We are committed to protecting children's privacy. The Cyberbay Services are not intentionally designed for or directed at children, and we do not knowingly collect or store personal information about children. In the case of collecting personal information of a child in Mainland China under the age of 14 (i.e. a minor), we will only use or publicly disclose such information if we have obtained explicit consent of the minor's parent or guardian. We will protect the confidentiality and security of children's personal information in accordance with relevant applicable laws and regulations.

11. Contact us

If you wish to submit a request to exercise your rights, under applicable privacy law, or have questions about how your information is handled at any time, or to make complaints, please send your request to our team at hello@cyberbay.tech.

When requested, and provided that it is practical and commercially feasible to comply with the request, we will reply to your request within 30 days or such time as prescribed under applicable law.

Should you not be satisfied with the way Cyberbay has resolved your concern, you have the right to complain to the data protection authority in your territory.

12. Changes to this Statement

We may need to update this Statement from time to time to comply with applicable law and regulations or other legitimate purposes. We may also separately advise you about the change. Subject to obtaining your explicit consent as may be required by applicable law, the new modified privacy statement will apply from that revision date. Therefore, we encourage you to review this Statement periodically to be informed about how we are protecting your information.

Appendix 1: Applicable only to Individuals based in the EEA

Appendix 1 of this Statement applies if you are an individual based in the EEA regardless of nationality or your employer or authorised representative is providing your personal data to us from a country in the EEA, and the GDPR is applicable to Cyberbay in providing the Cyberbay Services in question.

Legal grounds for processing personal information

We process personal data for the purposes set out in this Statement, as described above. For the purposes of complying with the GDPR, we do not need to collect your consent in order to process your personal data (except in limited circumstances where we process your special categories of personal data, where we may sometimes require your consent, in which case we will obtain your consent). Instead, we rely on one or more of the following processing conditions:

These are the principal legal grounds that justify our processing of your information:

Contract performance: where your information is necessary to enter into or perform our contract with you.

Legal and regulatory obligation: where we need to use your information to comply with our legal and regulatory obligations.

Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.

Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.

Employment legal obligations and rights: where our legal duties as employers necessitate the processing.

Consent: where you have consented to our use of your information.

We justify our use of personal data in the manner set out in clause 3 of this Statement above as follows:

(a) To provide you with our products/services:

Use justification: contract performance, legitimate interests (to enable us to provide our products/services).

(b) For communication with you:

Use justification: legitimate interests (to enable us to effectively communicate with you).

(c) For managing our business:

Use justification: legitimate interests including:

to enable us to provide ongoing information about our products and services;
to monitor satisfaction and views of our clients, customers and business partners etc. and help us grow our business;
to ensure the smooth operation of our internal management and IT infrastructure processes;

Use justification: legal and regulatory obligations and legal claims (to enable us to cooperate with law enforcement and regulatory authorities).

(d) Others: For compliance with laws and other legal obligations and policies

Use justification: legal and regulatory obligations, legitimate interests (to enable us to achieve a consistent approach to compliance across our business).

International Transfers of Personal Data

Our business may require us to transfer your personal data to countries outside the EEA, including countries that may not provide the same level of data protection as your home country. Where we collect personal data from within the EEA, transfer outside the EEA will be only:

to a recipient located in a country which provides an adequate level of protection for your personal information; and/or
under an agreement which covers the EU requirements.

Please contact us at the contact details in this Statement if you would like to see a copy of the specific safeguards to export of your personal information.

Your Rights

Subject to limitations in applicable law, you are entitled to object to or request the restriction of processing of your personal data, and to request access to, rectification, erasure and portability of your own personal data.

Where the use of your personal data is based on consent, you can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

You may also have the right to object to any processing based on the legitimate interests ground if our reasons for undertaking that processing outweigh any prejudice to your data protection rights.

Whilst a complaint is being investigated, you have the right to restrict how we use your information.

Your exercise of these rights is subject to certain exemptions to safeguard public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). If you exercise any of these rights, we will check your entitlement and respond in most cases within a month.

If you are not satisfied with our use of your personal data or our response to any exercise of these rights, you have the right to lodge a complaint with a relevant supervisory authority.