Fyber N.V (“Fyber”, “we”, “us” or “our”) put great efforts in making sure that information related to an identified or identifiable individual (“Personal Information”) is safe and used only in full compliance with applicable data protection laws and regulations.

This privacy policy (“Policy”) explains Fyber’s privacy practices for processing Personal Information on Fyber’s website. It applies whenever you access or use the website. Please take the time to read the full Policy.

Intro to the Fyber Website

Welcome to the Fyber Website! Our website provides information and content about Fyber and its services.

The Fyber website is a marketing website aimed to provide information and content, created by Fyber, about Fyber and its services. You can visit the Fyber website without any registration.

When visiting the website, Fyber will receive information that you voluntarily provide, such as when you fill out a “contact us” form request, when you apply to join one or more of the Fyber services or when you subscribe to the Fyber newsletter and will collect ‘traffic/session’ information from your device.

Such information will include Personal Information such as your name, email address, telephone number or any other information you provide to Fyber. Please note that you are not required by law to provide us Personal Information. Fyber’s website is not directed to children under 16 years of age and Fyber does not intentionally or knowingly collect Personal Information on such users.

1. The Personal Information that you Provide or Submit Voluntarily Through the Website

We collect Personal Information that you provide us.

When you contact Fyber, by filling a form on the website, contacting Fyber’s customer support team for technical issues or contacting Fyber’s legal team with any questions or inquiries or when Fyber contacts you regarding any of the above, Fyber will process any Personal Information that you provide Fyber such as your name, your company’s name and email address.

If you submit Personal Information in a comment on a blog post or on any applicable social media websites, others can read, collect and use the Personal Information that you submit including to send you unsolicited messages and contact you for other purposes.

Fyber is not responsible for the Personal Information that you choose to submit in these blogs.

2. The Personal Information that Fyber Collects Through the Website

Fyber automatically logs ‘traffic/session’ data and collects additional activity information.

When you access the website, Fyber’s servers log ‘traffic/session’ information from your device, such as your user agent and the Internet Protocol (IP) address.
When you use the website, Fyber will collect information about your activity, for example, your log-in and log-out time, the duration of sessions, web-pages that you have viewed or specific content on web-pages, activity measures and geo-location of your device.

3. The website Includes Third Party’s Services

The website includes Third-party services that are governed by such third party’s privacy policies.

We incorporate to the website third party’s services, such as marketing automation platform, which are governed by their respective privacy policy.

You can find a full overview of all third party’s services used on the Site at: https://builtwith.com/fyber.com. You should read the privacy policy of these services to understand their practices.

Fyber website includes links to third-party social media websites, such as Youtube® Facebook®, Twitter®, LinkedIn®, Google+® and Vimeo®, and associated social media features and scripts, such as the Facebook® “like” button and widgets.

These features, scripts and other third-party services collect details such as your IP address, which page you are visiting on the website, and set a cookie, or use other technologies that store or accesses information on a user’s device, such as HTML5 local storage or Local Shared Objects (LSOs), to enable the feature to function properly. Please read more about it on our Cookie Notice at: https://www.fyber.com/cookies-policy/.

The third-party social media website or our own website host the social media features and widgets. The social media websites have their own privacy policies. When you use their platforms, features, widgets and other services, you should read their privacy policies to understand their practices.

Fyber also collects data through Google Analytics. Analytics data includes for example, the type of browser, browser language, type of operating system, domain name of Internet service provider, device IP address web pages visited, times and dates of visits and the content you access on and/or through the website.

The privacy practices of these tools are subject to their own privacy policies. Fyber therefore encourages you to read Google’s policy regarding its analytics services at: http://www.google.com/analytics/learn/privacy.html.

You can also opt-out of Google Analytics’ use of your information, by adding the opt-out browser add-on, which is available at: https://tools.google.com/dlpage/gaoptout.

4. What does Fyber do with Personal Information Received Through the Website?

Fyber maintains, improves, develops and protects the website from misuse and law violations.

Fyber uses Personal Information that you provide through the website for its business’ purposes, such as responding to your inquiries or support requests, for marketing, recruiting and hiring, and to contact you in the course of offering you with any of Fyber’s services and the Fyber newsletter.

Fyber uses the information, including Personal Information that Fyber and its service providers collect through the website to understand users’ interests and behavior on a pseudonymous, no-name basis in order to be able to deliver content tailored to the users’ preferences.

As applicable laws require, Fyber will use Personal Information to enforce Fyber’s terms, policies and legal agreements, to comply with court orders and warrants, and assist law enforcement agencies, to collect debts, prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Fyber services, and to take any action in any legal dispute and proceeding.

Fyber commits to process Personal Information solely for the purposes described in this policy.

5. How do we Share Personal Information with Others?

We use service providers, for example, to send email messages. We share Personal Information with our affiliated companies. We transfer information as needed if we change our corporate structure, and we may share the information with law enforcement agencies and authorities, as required by law.

Fyber shares Personal Information related to you with service providers, with Fyber’s corporate affiliates and with other third parties, if necessary, to fulfill the purposes for collecting the Personal Information, on condition that any such third party will commit to protect your privacy as applicable laws and this policy require.
Please see details about the purposes for collecting the Personal Information in Section 4 of this Policy.

Fyber shares Personal Information with law enforcement and/or government agencies, courts, and/or other organizations: (a) as the law requires, such as to comply with a subpoena, or similar legal process; and/or (b) when Fyber believes in good faith that disclosure/sharing is necessary to protect Fyber’s rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Fyber shares or transfers Personal Information if Fyber is involved in a merger, acquisition, or sale of all or a portion of its assets, as part of such transaction. Fyber will provide a prominent notice on the website of any change in ownership or uses of this information if applicable.

The entity which will assume the ownership of the website will continue to protect Personal Information related to you under this Policy;

Fyber shares your Personal Information in any other circumstances subject to your written consent;

6. Aggregated and Analytical Information

Aggregated data is not identifiable. We use it for legitimate business purposes and may use standard analytical tools.

Fyber uses anonymous, statistical or aggregated information and shares them with Fyber’s partners for legitimate business purposes. This has no effect on your privacy because there is no reasonable way to extract data from the aggregated information that can be associated with you.

7. Cookies

Yes. We use cookies. Read more about it on our Cookie Notice at: Fyber.com/cookie-notice.

8. User Choice

At any time, you may opt out from our mailing list and change your cookies preferences.

At any time, you can unsubscribe from Fyber’s newsletters list, by sending Fyber an opt-out request to: [email protected] or clicking the “unsubscribe” link available thereto.

Please read our Cookie Notice for further guidance about your opt-out options.

9. Your EU Data Subject Rights

Fyber is committed to fulfill data subjects’ rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). Please read Annex B of this Policy for more information.

10. Specific Provisions for California Residents If you are a California resident

The California Consumer Privacy Act (“CCPA”) applies to you Please read Annex A to this Policy which supplements the information contained in this Policy.

11. Accessing Personal Information Related to you

You can request access to Personal Information related to you.

At any time, you can contact Fyber at privacy2021 [@] fyber.com and request to access the Personal Information that Fyber keeps about you. Fyber will need to ask you to provide credentials to make sure that you are who you claim to be. If you find that the details on your account are not accurate, complete or updated, then please provide Fyber the necessary information to correct it.

If you’d like Fyber to delete data that you provided through the website, please contact Fyber at privacy2021 [@] fyber.com and Fyber will respond in a reasonable time.

12. Retaining and Deleting your Personal Information

1. Data Retention

We retain Personal Information related to you, as necessary to support the purposes, as indicated under this policy.

Fyber stores and retains Personal Information related to you for as long as you use the website and/or remain subscribed to the Fyber newsletter or blog, or as necessary for any purposes explicitly stated under this policy, or until Fyber deletes Personal Information related to you following your request.

For example, Fyber stores and retains Personal Information related to you for a reasonable time of up to 90 days after you have unsubscribed Fyber’s newsletter or blog, for internal reporting and analytics and improving the website or any product or services provided thereto.

Fyber retains various types of Personal Information for longer periods pursuant to legal requirements under the applicable law.

In any case, as long as Fyber uses Personal Information related to you to provide the Fyber services, Fyber will retain the Personal Information about you, unless a law requires Fyber to delete it, or if Fyber accepts your request to delete the Personal Information, pursuant to applicable laws, or if Fyber decides to remove it at its discretion.

2. Transfer of Personal Information Outside your Territory

We store and process Personal Information in Germany , in sites operated and maintained by cloud-based service providers.

Fyber stores and processes Personal Information in various sites throughout the globe, including in sites operated and maintained by cloud-based service providers.

If you are a resident in a jurisdiction where transfer of Personal Information related to you to another jurisdiction requires your consent, then you hereby provide Fyber your express and unambiguous consent to such transfer or by using the website you hereby provide your express consent to such transfer (as applicable).

If you are a resident of the European Economic Area (EEA), Amazon Web Services (AWS) Cloud processes and stores Personal Information related to you in the US on Fyber’s behalf in accordance with the highest degree of security of AWS.

To the extent necessary under EU privacy laws and regulations, Fyber will implement data onward transfer instruments, such as the Controller to Processor EU-US Standard Contractual Clauses.

3. Information Security

Fyber implements systems, applications and procedures to secure Personal Information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information.

Fyber is concerned about safeguarding the confidentiality of Personal Information related to you. Fyber and its hosting services implement systems, applications and procedures to secure Personal Information related to you, to minimize the risks of theft, damage, loss of Personal Information, or unauthorized access or use of Personal Information.

For example, Fyber limits access to Personal Information to authorized personnel who need to know that information in order to operate, develop or improve the website.

These measures provide sound industry standard security. However, although Fyber makes efforts to protect your privacy, Fyber cannot guarantee that the website will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

4. Changes to this Privacy Policy

Fyber will update its Policy from time to time after giving proper notice.

From time to time, Fyber will update this policy. If the updates have minor if any consequences, they will take effect 7 days after Fyber posts a notice on the website. Substantial changes will be effective 30 days after Fyber has initially posted the notice.

Until the new policy takes effect, you can choose not to accept it and terminate your use of the website. Continuing to use the website after the new policy takes effect means that you agree to the new policy.

Note that if Fyber needs to adapt the policy to legal requirements, the new policy will become effective immediately or as required.

5. Contact Fyber

Please contact Fyber’s Data Protection Officer at: privacy2021 [@] fyber.com for further information.

Last Updated: June 1, 2021.

Annex A – Specific Provisions for Individuals within the EU

This Annex supplements the information contained in the Privacy Policy as required under Regulation (EU) 2016/679 (“GDPR”). This annex contains defined terms under the GDPR. These terms will have the meaning given to them in the GDPR.

In operating the website, Fyber processes personal data as a data controller (as this term is defined in the GDPR. As a data controller, Fyber is committed to fulfill data subjects’ (i.e. users) GDPR rights. This section applies to GDPR-covered processing of Personal Information. We base our processing of Personal Information as a data controller on the following lawful grounds:

• All processing of personal data related to you which are not based on the lawful grounds indicated below, are based on your consent.
• We process your personal data (as defined under the GDPR) to perform the contract with you or as a preliminary necessary step prior to entering a contract with you.
• We will process personal data related to you to comply with a legal obligation and to protect your and others’ vital interests.
• We will rely on our legitimate interests, which we believe are not overridden by your fundamental rights and freedoms, for the following purposes:
  • Communications with you, including direct marketing where you are our client or a user of our client, or when you contact us through our website and other digital assets;
  • Cyber security;
  • Support, customer relations, service operations;
  • Enhancements and improvements to yours and other users’ experience with our services;
  • Fraud detection and misuse of our website.

Your Data Subject Rights:

You can:

• Request to access the personal data that Fyber keeps about you. Fyber will need to ask you to provide us credentials to make sure that you are who you claim to be. If you find that the requested data is not accurate, complete or updated, then you can provide us with the necessary information to rectify it.
• CONTACT US IF YOU WANT TO WITHDRAW YOUR CONSENT TO THE PROCESSING OF PERSONAL DATA RELATED TO YOU. EXERCISING THIS RIGHT WILL NOT AFFECT THE LAWFULNESS OF PROCESSING BASED ON CONSENT BEFORE ITS WITHDRAWAL.
• Request to delete or restrict access to personal data related to you. Fyber will postpone or deny your request if personal data related to you is in current use for providing the Services or due to other legitimate purposes, such as compliance with regulatory requirements associated with Fyber.

If you exercise one (or more) of the above-mentioned rights, in accordance with the provisions of applicable law, you can request to be informed that third parties that hold personal data related to you, in accordance with this Policy, will act accordingly.

• Request to transfer personal data related to you in accordance with your right to data portability.
• Object to the processing of personal data related to you for direct marketing purposes.
• Request not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affecting you.
• Lodge a complaint with a data protection supervisory authority of your habitual residence, place of work or of an alleged infringement of the GDPR.

A summary and further details about your rights under EU data protection laws, is available on the EU Commission’s website at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

Annex B – Specific Provisions for California Residents

This Annex supplements the information contained in the Privacy Policy as required under the California Consumer Privacy Act (“CCPA”) with respect to the Personal Information collected on our website. This annex contains defined terms under the CCPA. These terms will have the meaning given to them in the CCPA.

Fyber has collected the following categories of personal information from Consumers within the last twelve (12) months:

• Identifiers such as real name, alias, online identifier internet protocol address, email address;
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) for example, names and telephone numbers with our marketing automation service providers;
• Internet or other electronic network activity information;
• Inferences drawn from any of the information

Fyber obtains the categories of personal information listed above from the categories of sources described under sections 1-3 and 7 of this Policy.

Fyber uses the personal information it collects for the business purposes described under section 1, 4, 6 and 7 of this Policy.

Fyber will not collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without providing you notice.

Fyber discloses your personal information to third parties for business purposes as further described in Section 5 of this Policy.

In the preceding twelve (12) months, Fyber has disclosed or has been disclosing the following categories of Personal Information for business purposes:

• Online Identifiers such as IP addresses;
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), for example, names, telephone number
• Internet or other similar online activity;
• Inferences drawn from the above information;

In the preceding twelve (12) months, Fyber has not sold any Personal Information.

Your California Rights

The CCPA provides you with the following specific rights regarding your Personal Information:

Access to Specific Information and Data Portability Rights:

You have the right to request that Fyber disclose certain information to you about its collection and use of your Personal Information over the past 12 months. Upon confirmation of your request, we will disclose to you:

• The categories of Personal Information we collected about you;
• The categories of sources for the Personal Information we collected about you;
• Our business or commercial purpose for collecting that Personal Information;
• The categories of third parties with whom we share that Personal Information;
• The specific pieces of Personal Information we collected about you;
• If we disclosed your Personal Information for a business purpose, we will provide you with a list which will identify the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained. Upon confirmation of your request, we will delete (and direct our service providers to delete) your personal information from our records, unless retaining the information is necessary for us or for our service providers to complete the transaction with you, detect security incidents, identify and repair errors, exercise free speech or another right provided by law, comply with specific laws or legal obligations, or any other internal and lawful uses.

Exercising Access and Deletion Rights:

To exercise the access, data portability, and deletion rights described above, please submit a request to us by emailing us at privacy2021 [@] fyber.com.

Only you or a person authorized to act on your behalf, may make a request related to your personal information. You may also submit a request on behalf of your minor child. Request for access can be made by you only twice within a 12-month period.

We will need to ask you to provide us with credentials to verify your identity or authority to make the request and confirm the personal information relates to you. We will only use the personal information provided in your request to verify your identity or authority to make the request.

We will do our best to respond to your request within 45 days of its receipt. If we require more time (up to additional 45 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for such decision and provide you with a cost estimate before completing your request.

Fyber does periodical assessments of its data processing and privacy practices, to make sure that Fyber complies with this policy, to update the policy when needed, and to verify that the policy is displayed properly and accessible.

If you have any concerns about the way Fyber processes Personal Information related to you, you are welcome to contact Fyber’s data protection officer at: privacy2021 [@] fyber.com, or write to Fyber at Wallstraße 9-13, 10179 Berlin, Germany.

Fyber will look into your enquiry and make good-faith efforts to resolve any existing or potential dispute with you.