Effective Date: 12/24/2017
The use of the open Internet pages of the Hyker Service is possible without any indication of personal data (besides cookies, see below); however, if a data subject wants to subscribe to or use the services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Hyker Service. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, Hyker Security AB has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through the Hyker Service. However, 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 us via alternative means, e.g. by telephone.
Hyker is dedicated to continuous improvement of all parts of the Service, so if you have any question or feedback on this Policy, please let us know by sending an email to email@example.com.
The data protection declaration of the Hyker Service is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one 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.
- b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
- c) Processing
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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- e) Profiling
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, behavior, location or movements.
- f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
Recipient is a natural or legal person, public authority, agency, or another body, to which the 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 Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- j) Third party
Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
- k) Consent
Consent of the data subject 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 him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Hyker Security AB
c/o SAAB Ventures
Bror Ugglas Gata
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other devices when websites are loaded into a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
4. Collection of general data and information
The website of the Hyker Service collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our 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 our information technology systems.
When using these general data and information, Hyker Security AB does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Hyker Security AB analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Scope of Data Management
Hyker may collect, record, store, process and transmit your Personal Data and other information only with your consent. By using our services, you give your consent to Hyker to perform Data Management solely in accordance with this Policy.
We make all the necessary measures to safeguard and protect your Personal Data and other information you provide to us or we may obtain from your usage of our services. We think privacy is a high priority, therefore this Policy primarily focuses on the authenticity and integrity of Data Management, while the implementation of our scheme tries to take the best available technical and organizational measures in order to obviate any kinds of breach.
The security of your personal data is important to us. When you use our services, we encrypt all and every transmission of information using Secure Socket Layer technology (SSL), and we also apply additional, client-side encryption on Your Encrypted Content as defined later. We follow generally accepted standards, and we usually go beyond the standards to protect the personal information submitted to us, both during transmission and once we receive it. We NEVER collect or store your data, encryption keys and passwords in an unencrypted or invertible form. According to the best of our knowledge and the current state of the art, we cannot decrypt Your Encrypted Content. During using the service, you also submit some non-Encrypted Content, like your email address. Although we don’t use client-side encryption to those data, the transmission and storage of such data is still highly secured, and access is strictly restricted. Even though we do our best with such data, no method of transmission over the Internet, or method of electronic storage is 100% secure. If you have any questions about security on our site, you can contact us at firstname.lastname@example.org.
5.1 Personal Data and other information you give us
HYker account creation process requires giving us certain Personal Data and other contact information. The collected Personal Data may include your e-mail address, first name, last name and a certificate created in relation with such information, and we may also store billing and payment information associated with you. The visibility of your Personal Data is restricted, will be accessible only by us. Please note that your Personal Data transmitted is encrypted, but stored in non-client-side encrypted format, in order to provide the service, like we need your email address to send you email notices.
5.2 Your Encrypted Content
The data you upload and store using our services will be encrypted in such a way that neither we nor any third parties can access its content in a readable form. Our encryption process is designed to provide access to such data up to the extent allowed by you, and nobody else is able to decrypt Your Encrypted Content. This Policy does not grant us any right to your data or intellectual property, we and the Data Processor mandated by us perform only Data Procession tasks which are needed for providing the services as explained below. You understand that in order to provide the services Hyker may perform Data Management such as access, transmit across networks and modify the location of Your Encrypted Content solely in an encrypted form.
5.3 Support Request
You may connect with us by writing an email to email@example.com, or other means. You understand that those requests are transmitted and stored non-encrypted format in order to be able to provide You support.
Improving our services is really important for us, therefore we collect information for monitoring and debugging purposes. Please note that these types of information are collected automatically as a result of your use of the services or through the use of our website and web analytics services as described below. Such information may include your internet protocol address, your unique software ID, aggregated an anonymized error statistics, the type of browser you use, the site you visit immediately prior to visiting our website etc., but we never collect unencrypted or invertible passwords, encryption keys or files, and Hyker does not monitor your activities of other applications on your device. When you are using our services or visiting our website, your activities and information regarding these activities are also logged.
5.5 Disclosure to third parties
Disclosure on legal order or business purposes
Hyker may transmit Personal Data if the applicable legal provisions so require, or when such action is necessary to comply with any laws, such as to comply with a subpoena, or similar legal process, authorities’ or court’s orders, for the protection of our rights and interests, to protect your safety or the safety of others or to investigate fraud.
If Hyker is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal data, as well as any choices you may have regarding your personal information.
Using third-party services
You understand and accept that our website, Software and services may contain or implement applications, APIs, tokens, extensions, etc. that may be necessary for the operations of our services or allow you to interface with, link to and/or import content from various websites and services provided by trustworthy third parties, including but not limited to those of the Data Processor, such as Digitalocean or third parties for purposes of fraud prevention or to process payment transactions. These companies are authorized to use your personal information only as necessary to provide these services to us.
5.6 Amendment, deletion and destroying of data
You understand and accept that the deletion of your Hyker account does not mean the immediate deletion of all of your Personal Data stored by us. We will retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. For identification purposes, Hyker reserves the right to store your e-mail address for 1 year after your user account has been deleted. Upon the expiry of the aforementioned deadlines, Hyker destroys such data in a way that those will not be available again to anyone.
Your email address may also be used for us to send you promotional or marketing emails. Out of respect for your privacy, you may choose to stop receiving these emails by following the unsubscribe instructions included in these emails or you may also contact us at firstname.lastname@example.org.
Your Encrypted Content
As a registered user, you can access, edit or delete Your Encrypted Content. Once your Hyker account is deleted for any reason, your Your Encrypted Content will be automatically deleted as well.
Please note, as stated and regulated in Terms, we can delete or revoke access to Your Encrypted Content or to your account any time if you are in violation of Terms. We can also delete Your Encrypted Content or your account if you are a free user and you are inactive for more than 120 days, or if you failed to pay, or paid late as stated and regulated in Terms.
You understand that once you shared all or a part of Your Encrypted Content by using Our Service with any person that is a user of your application, such content goes out of your Control and remains accessible by such person to the extent you granted such person access, even if you select to delete or remove Your Encrypted Content. Therefore, we ask you to pay special attention to whom you share Your Encrypted Content.
5.7 Procedures in the event of a breach of security
It is the Policy of this Company to thoroughly investigate and treat seriously any suspicion of a potential breach of its systems that would allow access to Your Encrypted Content in an unencrypted or otherwise readable form by unauthorized third parties. If such an unlikely event were ever to occur, Hyker would promptly notify you via the e-mail address provided in the Personal Data.
In the event, your Encrypted Content contains Protected Health Information (“PHI”) and is stored by you as a Covered Entity or Business Associate, all as defined under the American Recovery and Reinvestment Act of 2009 (ARRA), including the Health Information Technology for Economic and Clinical Health Act, 42 U.S.C. 17921-17954 (HITECH), and the Health Insurance Portability Act of 1996 (HIPAA), then Hyker’s handling of such PHI shall comport with the HIPAA and HITECH standards, to the extent Hyker is a Business Associate and we have executed a HIPAA Business Associate Agreement with you. In the unlikely if not impossible event of a disclosure by Hyker of the PHI in an unencrypted (or otherwise readable) form to an unauthorized third party, Hyker shall undertake timely notification to you as a Covered Entity or Business Associate, pursuant to the terms and conditions of the applicable Business Associate Agreement.
6. Rights of the data subject
6.1 Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
6.2 Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller-free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
6.3 Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
6.4 Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Konfident Service or Hyker, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Hyker Security AB or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of Hyker Security AB or another employee will arrange the necessary measures in individual cases.
6.5 Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Konfident Service, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Hyker Security AB or another employee will arrange the restriction of the processing.
6.6 Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In the case of Your Encrypted Content, neither the Konfident Service nor Hyker Security AB has access to Your encryption keys, so this data can only be delivered in an encrypted format that will not be accessible in another application or service. If a data subject wants to transfer such data it must be handled manually by the data subject him/her self, by first downloading and decrypting those files.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Hyker Security AB or another employee.
6.7 Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Hyker Security AB shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If Hyker processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Hyker to the processing for direct marketing purposes, Hyker will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Hyker Security AB for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of Hyker Security AB or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
6.8 Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Hyker Security AB shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of Hyker Security AB or another employee of the controller.
6.9 Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of Hyker Security AB or another employee of the controller.
6.10 Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on 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 our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
6.11 The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
6.12 Period for which the 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 data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
6.13 Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that 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 the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
6.14 Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
7. Changes to this Policy
As every high-quality service, Our Service is constantly improved in effort to keep users satisfied, but these improvements necessarily mean changes. Due to the on-going changes in the law and the changing nature of technology, data practices will change from time to time. Thus, Hyker reserves the right to alter or modify this Policy when it is necessary. If Hyker makes any material change to this Policy, you as our registered user will receive a 30 day prior written notification in e-mail and these changes will be detailed also on this page in order to ensure that you are fully aware of what information is collected or stored, how it is used and under what circumstances it will be disclosed or transmitted so that you can make your own decision whether or not to continue using our services in light of such changes. Your privacy will not be reduced without your consent. If you are concerned about how your information is collected, stored, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in this Policy, please see Section 8 of this Policy for further contact information.
8. Further information and contact options
You are entitled to enquire adjustment or deletion of your stored Personal Data. Furthermore, if you have questions about this Policy or want to know further information or explanation about the data we store about you, please contact us by email at email@example.com, or write to us at:
Hyker Security AB
c/o SAAB Ventures
Bror Ugglas Gata