Privacy Policy

We are delighted that You (as defined below) have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Cubewise AG, Switzerland (“Cubewise”). The use of Cubewise’s website is possible without any indication of Personal Data (as defined below); however, if You, as a data subject, want to use special enterprise services from Cubewise or receive other information, processing of Your personal data could become necessary.

As the controller of Your Personal Data, Cubewise has implemented appropriate technical and organizational measures to ensure protection of Your Personal Data processed through this Website as well as other Personal Data that You provide to us in person (e.g. at trade fairs or by provision of business card), electronically (e.g. e-mail) or by post (e.g. letter).

By means of this Privacy Policy (as defined below), Cubewise informs You of the nature, scope, and purpose of Personal Data processed. Furthermore, You are informed of Your rights as data subject.

Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer Personal Data to Cubewise via alternative means.

1. Definitions

This Privacy Policy is based on the terms used by the Swiss Federal Act on Data Protection (SR 235.1 (“FADP”)) and the European General Data Protection Regulation (EU 2016/679 (“GDPR”)).

“Consent” is any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to You.

“Controller” is Cubewise AG which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. In this Privacy Policy Controller is partly also referred to as Cubewise.

“Data Protection Laws” means the Swiss FADP and/or the European GDPR.

“Data Subject” is an identifiable natural or legal person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Personal Data” means any information relating to a Data Subject.

“Processing” is any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Processor” is a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller.

“Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“Recipient” is a natural or legal person, public authority, agency or another body, to which Personal Data are disclosed, whether a Third Party or not. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with Data Protection Laws shall not be regarded as Recipients; the Processing of those data by those public authorities shall be in compliance with the applicable Data Protection Laws according to the purposes of the Processing.

“Restriction of Processing” is the marking of stored Personal Data with the aim of limiting their Processing in the future.

“Third Party” is a natural or legal person, public authority, agency or body other than the Data Subject (You), Controller (Cubewise), Processor and persons who, under the direct authority of Cubewise or Processor, are authorised to process Personal Data.

“Website” is Cubewise’s website www.Cubewise.com.

“You” means you, the Data Subject.

2. Name and address of the Controller

Controller of Personal Data processed hereunder is:
Cubewise Pty Ltd
Level 11/99 Mount St

North Sydney

NSW 2060

Australia
Phone: +41 44 552 05 84
Email: website@cubewise.com
Website: www.cubewise.com

3. Collection of Personal Data

Cubewise provides solutions for transforming business planning, analysis, and reporting functions (“Scope”). The Website offers information about Cubewise’s business, products and services. The Website collects a series of Personal Data and information when You or an automated system calls up the Website. This general data and information are stored in the server log files.

All Personal Data collected from You, which are protected either by the Swiss FADP or the European GDPR, will be used for execution of the Scope and for fulfilling Cubewise’s services, unless, in particular pursuant to this Privacy Policy, Consent to further use of Personal Data has been granted or the Data Protection Laws permit such further use.

Cubewise may also collect Your master data (name, address, e-mail, etc.), personal data about the goods and services obtained, payment transaction data, online preferences, and Your feedback. Collection may include further (1) the device and browser types, incl. versions used, (2) the operating system used by the accessing system, (3) the time and website from which an accessing system reaches the Website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on Cubewise’s information technology systems.

Cubewise uses Your Personal Data to update and manage its customer/supplier/partner database (CRM); to communicate with You and third parties; for evaluating, concluding and performing its transactions with You; for teaching/training purposes; for billing purposes; or for market research and marketing, such as contacting You by postal mail or e-mail. Cubewise might also add industry information and interests to Your master data in its database. Cubewise may collect Personal Data about Your financial standing in order to protect itself against payment defaults.

Furthermore, Personal Data are needed (1) to deliver the content of the Website correctly, (2) to optimize the content of the Website as well as its advertisement, (3) to ensure the long-term viability of the information technology systems and website technology, (4) to evaluate, conclude and perform transactions with You (e.g. webinar attendance), (5) for billing purposes, (6) for contacting You with regard to information requested (e.g. newsletter), and (7) to provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Cubewise analyzes anonymously collected data and information statistically, with the aim of increasing its data protection and data security, and to ensure a legal level of protection for the Processing of Personal. The anonymous data of the server log files are stored separately from all Personal Data You provided.

4. Registration on the Website

You have the possibility to register on the Website of Cubewise (e.g. registration for webinars) with the indication of Personal Data. Which Personal Data are transmitted to Cubewise is determined by the respective input mask used for the registration (typically name, e-mail address and/or phone number). Personal Data entered by You are collected and stored exclusively for internal use by Cubewise, and for its own purposes. Cubewise may request transfer to one or more Processors (e.g. a webinar host) that also use(s) Personal Data for an internal purpose which is attributable to Cubewise.

By registering on the Website of Cubewise, the IP address – assigned by the Internet service provider (ISP) and used by You –, date, and time of the registration are also stored. The storage of Personal Data and other data take place against the background to prevent the misuse of Cubewise’s services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of Personal Data is necessary for security purposes. These data are not passed on to Third Parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

Your registration, with the voluntary indication of Personal Data, is intended to enable Cubewise to offer You contents or services that may only be offered to registered users due to the nature of the matter in question (e.g. registration for webinars).

5. Subscription to the newsletters

On the Website, users might be given the opportunity to subscribe to the enterprise’s newsletter. In case of subscription, Cubewise will store the e-mail address until unsubscription from the newsletter.

6. Contact possibility via the Website

If You contact Cubewise by e-mail, Personal Data transmitted by You are automatically stored. Such Personal Data transmitted on a voluntary basis by You to Cubewise are stored for the purpose of Processing or contacting You.

7. Routine erasure and blocking of Personal Data
Cubewise shall process and store Personal Data only for the period necessary to achieve the purpose of storage, or for any period necessary to achieve legal requirements, e.g. for bookkeeping or audit purposes, or for procedural reasons (e.g. court proceeding).

8. Processors

1. Within the purpose of this Privacy Policy, Cubewise may have Personal Data Processed by its employees, contractors, or freelancers, its group entities (and their employees, contractors or freelancers), or other Processors (e.g. companies that operate its information technology). If Cubewise commissions its group entities or other Processors with the Processing of Personal Data, the Processors have been or will be carefully selected and must take appropriate security measures to guarantee the confidentiality and security of Personal Data.

Cubewise and Processors may process Personal Data abroad, i.e. in European or non-European countries. The contractual terms are based on the standards of the European Commission (also recognised in Switzerland) according to Article 16(2) lit. d in combination with Article 19(4) FADP; Transfer Abroad and Guarantees), corresponding to Articles 13(1) lit. f and 14(1) lit. f in combination with Article 46(2) lit. c GDPR.

Cubewise is also permitted to disclose Your Personal Data abroad if you have explicitly consented to such disclosure; or the disclosure directly connected with the conclusion or performance of the contract with You or between Cubewise and its contractual partner in Your interest pursuant to art. 17(1) FADP.

Currently, Cubewise has appropriate data protection agreements in place with the following Processors:

• Kinsta GmbH, Switzerland: WordPress (Website) hosting;
• Cloudflare Inc., USA: content delivery network;
• Zapier, Inc., USA: workflow connector (hosted on AWS Cloud);
• Livestorm SAS, France: video/webinar enrolment platform;
• Lead Forensics Limited, UK: Website visitor ID for legal entities[1];
• Microsoft, Inc., USA: Microsoft 365 and Microsoft Teams;
• Calendly, LLC, USA: meeting scheduling hub (hosted on AWS Cloud or Google Cloud);
• Matomo.org: web analytics platform.

We may also share Your Personal Data with the following categories of recipients:

• Marketing partners, e.g. to send newsletters or generate statistics (e.g. MailChimp);
• Trade show/training partners, e.g. to register you personally for events;
• Banks and other financial providers, e.g., to conduct financial transactions or perform credit checks (e.g., credit card providers, online payment systems);
• Legal counsels, auditors, and government agencies, e.g., to fulfill contractual or legal obligations.

9. Collection of Personal Data from Third Parties

Based on Personal Data obtained via the Website, Cubewise may Process Personal Data from the following Third Parties, if and to the extent You have a contractual relationship with such Third Party (e.g. account):

• LinkedIn Corp., USA: social media platform.

10. Inclusion of Third Party Elements

The Website includes content from various third party providers (e.g. LinkedIn, Youtube). This content enables the Cubewise’s web user to enjoy content from those platforms on the Website or simply to share its content on the relevant social media networks.

When browsing the Website, if content from third party providers is displayed as part of the Website, a connection to the servers of the third party provider is automatically established. Personal Data about Your visit to the Website, in particular the IP address, will be transmitted to this third party provider. Therefore, if signed in to that third party’s account at the time the Website is visited (e.g., LinkedIn, Youtube), that third party may detect the access to the Website. You authorise Cubewise to share this information with the Third Party that hosts Your third party account.

Please note that the information regarding the purpose and scope of Processing by such Third Parties, as well as the rights and setting options, are provided by such Third Parties.

11. Cookies

The Website uses functional and third party non-functional cookies. Cookies are text files that are stored in a computer system via an Internet browser. If Cubewise uses cookies on the Website, You may accept or deny them. You will have the option to disable the use of cookies, except for the cookies necessary for the operation of the Website.

Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate Your individual browser from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, Cubewise can provide the users of the Website with more user-friendly services that would not be possible without the cookie setting. You may, at any time, prevent the setting of cookies through the Website by accepting the cookies or refusing non-functional cookies. Furthermore, cookies may be deleted at any time via Your Internet browser or other software programs.

12. Your Rights

If You wish to avail Yourself to any of the following rights, he or she may, at any time, contact Cubewise.

a) Right of confirmation

You shall have the right granted by the Data Protection Laws to obtain from Cubewise the confirmation as to whether or not Personal Data concerning You are being Processed.

b) Right of access

You shall have the right granted by the Data Protection Laws to obtain from Cubewise information about Your Personal Data stored at any time and a copy of this information:

• the processed Personal Data as such;
• the purposes of the Processing;
• the categories of Personal Data concerned;
• the Recipients or categories of Recipients to whom Personal Data have been or will be disclosed, in particular Recipients in third countries or international organisations;
• where possible, the envisaged period for which Personal Data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from Cubewise rectification or erasure of Personal Data, or Restriction of Processing of Personal Data concerning You, or to object to such Processing;
• the right to lodge a complaint with a supervisory authority;
• where Personal Data are not collected from You, any available information as to their source;
• the existence of automated decision-making, including Profiling, and any meaningful information about the logic involved, as well as the significance and envisaged consequences of such Processing for You.

Furthermore, You shall have a right to obtain information as to whether Personal Data are transferred to a third country or to an international organisation. Where this is the case, You shall have the right to be informed of the appropriate safeguards relating to the transfer.

c) Right to rectification

You shall have the right granted by the Data Protection Laws to obtain from Cubewise without undue delay rectification of inaccurate Personal Data concerning You. Taking into account the purposes of the Processing, You shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

d) Right to erasure (Right to be forgotten)

You shall have the right granted by the Data Protection Laws to obtain from Cubewise the erasure of Your Personal Data without undue delay, and Cubewise shall have the obligation to erase Your Personal Data without undue delay where one of the following grounds applies, as long as the Processing is not necessary:

• Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• You withdraw Consent to which the Processing is based and where there is no other legal ground for the Processing.
• You object to the Processing and there are no overriding legitimate or legal grounds.
• Personal Data have been unlawfully Processed.
• Personal Data must be erased for compliance with a legal obligation in the Data Protection Laws to which Cubewise is subject.

If one of the aforementioned reasons applies, and You wish to request the erasure of Personal Data stored by Cubewise, You may, at any time, contact Cubewise. Cubewise shall promptly ensure that the erasure request is complied with.

Where Cubewise has made Personal Data public and is obliged to erase Personal Data, Cubewise, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers Processing Personal Data that You have requested erasure by such controllers of any links to, or copy or replication of, those Personal Data, as far as Processing is not required. Cubewise will arrange the necessary measures in individual cases.

e) Right of Restriction of Processing

You shall have the right granted by the Swiss or European legislator to obtain from Cubewise Restriction of Processing where one of the following applies:

• The accuracy of Personal Data is contested by You, for a period enabling Cubewise to verify the accuracy of Personal Data.
• The Processing is unlawful and You oppose the erasure of Personal Data and request instead the restriction of their use.
• Cubewise no longer needs Personal Data for the purposes of the Processing, but they are required by You for the establishment, exercise or defence of legal claims.
• You have objected to Processing pending the verification whether the legitimate grounds of Cubewise or legal grounds override Yours.

f) Right to data portability

You shall have the right granted by the Swiss or European legislator, to receive Your Personal Data, which was provided to Cubewise, in a structured, commonly used and machine-readable format. You shall have the right to transmit (have transmitted, where technically feasible) those Personal Data to another controller without hindrance from Cubewise to which Personal Data have been provided, where (i) the Processing is based on Consent or on a contract, and (ii) the Processing is carried out by automated means. This right does not apply to the Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Cubewise.

g) Right to object

You shall have the right granted by the Data Protection Laws to object, on grounds relating to Your particular situation, at any time, to Processing of Your Personal Data.

Cubewise shall no longer process Personal Data in the event of an objection, unless it can demonstrate compelling legitimate or legal grounds for the Processing which override the interests, Your rights and freedoms, or for the establishment, exercise or defence of legal claims.

If Cubewise processes Your Personal Data for direct marketing purposes, You shall have the right to object at any time to Processing of Your Personal Data for such marketing. This applies to Profiling to the extent that it is related to such direct marketing. If You object to the Processing for direct marketing purposes, Cubewise will no longer process Personal Data for these purposes.

In addition, You have the right, on grounds relating to Your particular situation, to object to Processing of Your Personal Data by Cubewise for scientific or historical research purposes, or for statistical purposes, unless the Processing is necessary for the performance of a task carried out for reasons of public interest.

h) Automated individual decision-making, including Profiling

You shall have the right granted by the Swiss or European legislator not to be subject to a decision based solely on automated Processing, including Profiling, which causes legal effects concerning You, or similarly significantly affects You, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between You and a Cubewise, or (2) is not authorised by Switzerland, the Union or Member State law to which Cubewise is subject and which also lays down suitable measures to safeguard Your rights and freedoms and legitimate interests, or (3) is not based on Your explicit Consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between You and a Cubewise, or (2) it is based on Your explicit Consent, Cubewise shall implement suitable measures to safeguard Your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of Cubewise, to express Your point of view and contest the decision.

i) Right to withdraw data protection Consent

You shall have the right granted by the Swiss or European legislator to withdraw Your Consent to Processing of Your Personal Data at any time.

13. Legal basis for the Processing

Article 31(1) FADP (Consent of the Data Subject), corresponding to Article 6(1) lit. a GDPR serves as the legal basis for Processing operations for which Cubewise obtains Consent for a specific Processing purpose. If the Processing of Personal Data is necessary for the performance of a contract to which You are a party, for example, when Processing operations are necessary for the supply of goods or to provide any other service, the Processing is based on Article 31(2) lit. a FADP (Processing in direct connection with the conclusion or the performance of a contract), corresponding to Article 6(1) lit. b GDPR.

The same applies to such Processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning Cubewise’s products or services. If Cubewise is subject to a legal obligation by which Processing of Personal Data is required, such as for the fulfilment of tax obligations, the Processing is based on Article Article 31(1) FADP (Obligation to process by law), corresponding to Article 6(1) lit. c GDPR. Cubewise reserves the right to store Personal Data pursuant to Article 31(1) FADP (Overriding private interest), corresponding to article 6(1)(f) GDPR), based on misuse, non-payment, or similar legitimate reasons, to refuse concluding any future contracts with You, or to conduct legal proceedings.

Finally, Cubewise group entities may also process Personal Data pursuant to Article 31(1) FADP (Overriding private interest), corresponding to Article 6(1) lit. f GDPR, e.g. to carry out business in favour of the well-being of all its employees and the shareholders.

14. Period for which Personal Data will be stored

The criteria used to determine the period of storage of Personal Data is the respective statutory retention period. After expiration of that period, the corresponding Personal Data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract or legitimate interests.

15. Statutory or contractual requirements

The provision of Personal Data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that You provide Cubewise Personal Data, which must subsequently be processed by Cubewise. You are, for example, obliged to provide Cubewise with Personal Data when signing a contract for products and services.

The non-provision of Personal Data would have the consequence that the contract with You could not be concluded. Before Personal Data are provided by You, You must contact Cubewise. Cubewise shall clarify to You whether the provision of Personal Data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide Personal Data and the consequences of non-provision of Personal Data.

16. Existence of automated decision-making

Cubewise does not use automatic decision-making or Profiling.

17. Severability and changes

If any provision of this Privacy Policy is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired as long as the intent of Cubewise and You can be preserved.

Due to the further development of the Website and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You will be informed about the changes.

18. Applicable law and place of jurisdiction

This Privacy Policy and any agreements concluded based on, or in connection with, this Privacy Policy, as the case may be, are governed by Australian law, unless the applicable law of another country is applies mandatorily. The place of jurisdiction is the registered seat of Cubewise Pty Ltd, Australia, unless a different place of jurisdiction applies mandatorily.