Terms of Use file-express.ch

  1. Acceptance of Agreement: The Swiss Cyber Gate AG services on file-express.ch are offered to you under the condition that you accept the terms of use contained herein without modification. Your use of the Swiss Cyber Gate AG services constitutes your agreement to all such terms, conditions, and notices. Swiss Cyber Gate AG reserves the right to modify or amend these Terms of Use at any time and for any reason; users will be notified about changes via our website.
  1. Swiss Cyber Gate Services: Swiss Cyber Gate AG offers to you a secure transfer service for your personal and commercial use to protect your confidential, sensitive, and proprietary information when transmitting over the internet (this service and the related services or any portion thereof are summarized hereinafter as ‘Services’). file-express.ch entirely operated in Switzerland.
  1. Right to Use: You agree to use file-express.ch only to transfer files/data and material that are lawful. Your right to use the Services and any password or right given to you to obtain information or documents is not transferable. You are not allowed to file-express.ch for any purpose that is unlawful or prohibited by these terms, conditions, notices and by law of any applicable jurisdiction. By way of example, and not as a limitation, you agree that when using the Services, you will not use the Services in connection with junk email, viruses, spamming or any duplicative or unsolicited files/data, abuse, harass, villainize, stalk, threaten or otherwise violate the legal rights of others, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
  1. Your Responsibility: You are entirely responsible for maintaining the confidentiality and quality of your password as well as the confidentiality of the PIN to the recipients of your message. You agree to notify Swiss Cyber Gate AG immediately of any possible or actual unauthorized use of your account or any other breach of security. Furthermore, you acknowledge that if you delete any files/data and contents they will not be recoverable anymore. You are aware that it is your responsibility to install the technical requirements (e.g. the browser-technology) as defined by Swiss Cyber Gate AG for the use of the Services. You will accept any limitation of use due to technical reasons. It is also your responsibility to ensure that you only enter your password into the original Swiss Cyber Gate website and that you have a back-up copy of any data/files and other content you upload to or transfer or receive through the Services offered by Swiss Cyber Gate AG.
    If file-express.ch requires you to open an account, you must complete the registration process by file-express.ch with current, complete and accurate information as prompted by the applicable registration forms and to keep this information up to date.
  1. File-express.ch payment conditions: The first subscription term starts as soon as you register and the fees due are fully paid. Depending on the subscription term chosen, the fee for the subsequent Services and any other charges that may incur in connection with your use of the Services will be charged (per billing term) within the week prior to the start date of your next subscription term.Depending on the payment method you use, the payment method issuer may charge you for certain fees associated with processing your payment.You acknowledge that the amount billed for each subscription period may vary for reasons that may include but are not limited to differing amounts due to promotional offers or changes in the amount of applicable sales tax or exchange rate, and you authorize Swiss Cyber Gate AG to charge you for such varying amounts. Swiss Cyber Gate AG notifies you via the email address you provided us when the payment of your (next) account fee will and has been charged. You can change your payment method in your account settings.Swiss Cyber Gate AG may suspend or cancel the Services to you if a payment is not successfully settled, for instance in case of insufficient funds, expiration of credit cards, changed payment details or otherwise.
  1. Privacy and Protection of Personal Information: The protection of Personal Information is subject to the applicable Swiss legislation, e.g. the Swiss Federal Act on Data Protection. Swiss Cyber Gate AG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any combination of a Swiss Cyber Gate Site and a Linked Site. Please find additional information in the document “Data Protection Declaration and Cookie Statement”.
  1. Property Rights to Services: The ownership of file-express.ch and other rights are the sole property of Swiss Cyber Gate AG. Insofar as these rights do not already belong to Swiss Cyber Gate AG or fall to Swiss Cyber Gate AG by default, you herewith assign all of these rights to Swiss Cyber Gate AG.
  1. Intellectual Property Rights: Intellectual property rights, particularly copyrights, patents and trademarks, and any other property rights on file-express.ch are the sole property of Swiss Cyber Gate AG. Insofar as these rights do not already belong to Swiss Cyber Gate AG or fall to Swiss Cyber Gate AG by default, you herewith assign all of these rights to Swiss Cyber Gate AG. All these rights are reserved.By submitting any contribution, product, idea etc. of any kind to Swiss Cyber Gate AG you warrant and represent that you own or otherwise control all of these rights including, without limitation, all intellectual property rights and you herewith agree to assign all of these rights to Swiss Cyber Gate AG.
  1. File ownership, permissions and responsibility: Swiss Cyber Gate AG does not claim any ownership of the contents of the files you transfer through file-express.ch. You are fully and solely responsible and accountable for the files you transfer through our Services.By using file-express.ch, you guarantee that you have, for each file, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Services.Swiss Cyber Gate AG is not liable to you or any third party for any damages arising out of the content shared by you including but not limited to, copyright protected works and/or trademarks.
  1. Disclaimer: Swiss Cyber Gate AG and/or its respective suppliers make no representations about the suitability, merchantability, fitness for a particular purpose of file-express.ch, the information, content, documents, and related graphics published on this website for any purpose.Swiss Cyber Gate AG makes no representation or warranty that file-express.ch will be uninterrupted, timely or error-free. Particularly Swiss Cyber Gate AG makes no representation or warranty that any Services will be secure in case of hackers, virus or any other attacks.
  1. Restrictions: Swiss Cyber Gate AG respects your rights and expects that you respect those of Swiss Cyber Gate AG. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms of Service or facilitate or promote others to do so. As a condition to make use of the Services you agree not to transfer, distribute or store any files that:
    • feature child pornography;
    • are obscene, defamatory, libellous, slanderous, profane, indecent or unlawful,
    • promote racism, violence or hatred;
    • you don’t have the right to copy and/or transfer;
    • infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
    • infringe on or violate any applicable law or regulation;
    • constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
    • facilitate or promote the sale or use illicit product such as drugs.

In addition, you agree not to:

    • impersonate or falsely pretend affiliation with any person or entity;
    • access any non-public areas of the Swiss Cyber Gate website or Services unless entitled so with a subscription.
  1. Liability: Swiss Cyber Gate AG herewith excludes any and all liability in the scope allowed by Swiss Law. Particularly Swiss Cyber Gate AG will not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Swiss Cyber Gate websites or Services. All responsibility or liability for any damages caused by hacker or viruses or any other attack is excluded. You agree that Swiss Cyber Gate AG has no responsibility or liability for the deletion, corruption or failure to store any files/data or other content maintained or transmitted by any Services. Swiss Cyber Gate AG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. In addition, Swiss Cyber Gate AG will not be liable for any and all contents which have reached the recipient. However, you could be held liable for losses incurred by Swiss Cyber Gate AG or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You agree to indemnify, defend and hold Swiss Cyber Gate AG and its partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
  1. Termination: Swiss Cyber Gate AG reserves the right, in its sole discretion, to terminate your access to any or all Services or any portion thereof at any time, without notice. Swiss Cyber Gate AG shall have no obligation to maintain any content or to forward any unread or unsent files/data to you or any third party. Swiss Cyber Gate AG will delete all files/data after a defined amount of time, irrespective of whether they have been received or not.
  1. Severability Clause: If parts of this agreement should be null and void or of no legal force, the remainder of the agreement remains valid. The parties to the agreement will then modify the agreement in such a way that the objectives defined in the sections which are null and void or of no legal force are economically achieved as much as this is possible.
  1. Applicable Law / Place of Jurisdiction: This Agreement and the Services provided through the Swiss Cyber Gate website are exclusively subject to Swiss law, under exclusion of its conflicts of law provisions, in particular the Swiss Federal Act on International Private Law. You recognize the exclusive jurisdiction of the courts of Zurich, Switzerland. Swiss Cyber Gate is also entitled to take legal action against you before any other competent court.

Version 1.3, November 2020

Data Protection Declaration and Cookie Statement

Swiss Cyber Gate AG, Zurich, (hereinafter referred to as „Swiss Cyber Gate” or „we”) is committed to protect the privacy of the users (hereinafter referred to as „You”) of its services, products and website and ensure that personal data remains secure. This Data Protection Declaration and Cookie Statement is valid for the processing of personal data and use of cookies by Swiss Cyber Gate regarding the provision of its services and products and its website.


Why and on which legal basis does Swiss Cyber Gate process personal data?

In order to make our services work, Swiss Cyber Gate processes some personal data. Personal data means any information relating to an identified or identifiable person. An example of personal data is Your email address. We process Your personal data, so we can send You files, authenticate You for the service and evaluate how You use our service.


Swiss Cyber Gate may process Your personal data for the following purposes:

  • Operating its services and/or the website and enable You to use Swiss Cyber Gate’s products.
  • Creating and operating Your account for Swiss Cyber Gate services;
  • Process Your payments.
  • Providing support when You reach out to us.
  • Following up on legal requests for abuse reports and fraud investigations.
  • If necessary, defence of Swiss Cyber Gate’s interests in legal proceedings relating to or as a result of Your use of Swiss Cyber Gate services, following a court order, compliance with laws, regulations or official orders, cooperation with law enforcement authorities, cooperation in fraud investigations by third parties, etc.
  • Assessment of the use of our website and our service and for statistical purposes.
  • Once we have obtained Your consent, we might contact You to keep You up to date with news, features or promotions. You always have the option to stop receiving these messages from us.


Swiss Cyber Gate processes Your personal data in compliance with the Swiss Federal Act on Data Protection („FADP”) and – where applicable – with the EU General Data Protection Regulation (EU Regulation 2016/679; „GDPR”), in particular on the basis of Art. 12 and 13 FADP and Art. 6 GDPR.



What kind of personal data are processed?

When using the Swiss Cyber Gate service, Swiss Cyber Gate processes the following (personal) data: IP-address and email address of the senders, email addresses of the recipients, potentially phone numbers of the recipients, personal messages for the recipients, IP-addresses of the recipients; file names, sizes and types; country and language settings; browser type and versions; operating system, in case you have an account as well Your name, address and Your payment data.


Why and how are cookies used?

We will use some cookies when operating Swiss Cyber Gate’s services, e.g., in order to remember language preferences, e-mail addresses and acceptance of the general terms and conditions and data protection declaration and cookie statement..

Users may block cookies anytime, but this might affect how well our services work.

In particular, we use two different cookies on our websites:

  1. Functional cookies are used to provide functionalities when using our services, such as the possibility to sign-in, to set preferences or to remember previous recipients.
  1. Analytical cookies are used to optimise our service. For example, to optimise the usability of our websites and to analyse our services are used. We might also use analytical cookies to stop bots and malicious behaviour like spam.


How does Swiss Cyber Gate collect the personal data?

On the one hand, Swiss Cyber Gate obtains personal data through transmission by the customers / users and on the other hand through collection via cookies


How does Swiss Cyber Gate process personal data?

Swiss Cyber Gate applies highest security standards in order to meet the requirements of a service provider in the field of secure and traceable transmission of electronic files. Our solution is aimed at business customers with a focus on security and a Swiss infrastructure. In case of offered cloud solutions, all servers are exclusively located within the territory of Switzerland and all transfers will be stored on these servers.

Swiss Cyber Gate takes appropriate technical and organisational measures to protect Your personal data against loss or other forms of unlawful processing.

Any file transfer between senders and recipients is treated confidentially. Swiss Cyber Gate will not look into the transfer or files, unless this is necessary and in line with this data protection declaration and cookie statement or the general terms and conditions or in order to provide You with (technical) support on specific request. Swiss Cyber Gate does not proactively monitor the content of a transfer, and cannot edit or see what You send via the platform. However, when Swiss Cyber Gate receives a notice that content is unlawful, Swiss Cyber Gate may be legally obliged to investigate and when needed delete this particular content, following a specific procedure.

Swiss Cyber Gate applies technical as well as organisational security measures in order to ensure highest security standards.

Technical measures include SSL encryption of all transfers (on transit security) and for paid services additional measures such as account authentication with a password and optional with a 2nd factor as well as various parameters for download restrictions (2-factor authentication, individual and GeoIP, time, number of downloads, etc.).

All employees of Swiss Cyber Gate are subject to extensive secrecy obligations. We make sure that personal data is only accessible by those employees, who need access to do their job, and that they are properly trained and authorised.


Does Swiss Cyber Gate disclose the personal data to third parties?

Swiss Cyber Gate discloses data from the websites www.file-express.ch and www.swisscybergate.com (landing pages) to Google Analytics. The personal data of all other websites operated by Swiss Cyber Gate AG will in principle not be disclosed to any third parties, This also applies to applications such as, in particular, app.file-express.ch . Exceptions will be made at users’ specific requests and in cases related to potential fraud or if required by law.

However, Swiss Cyber Gate uses a few partners to operate the service. We may need to share some of our client’s personal data with them to provide the service. These include providers of virtual machines, payment processing and email processing.

Unless stated differently, our third parties do not have any right to use the personal data we share with them beyond what is necessary to assist us in making Swiss Cyber Gate possible.  When we cooperate with third parties and they process Your personal data on our behalf, we agree with them that Your personal data will be handled with the same integrity and security as we do. If You need an extensive overview of our trusted partners, please reach out to info@swisscybergate.com.


Google Analytics

We use Google Analytics for aggregated, anonymized website traffic analysis of our landing pages. In order to track your session usage, Google drops a cookie (_ga) with a randomly-generated ClientID in your browser. This ID is anonymized and contains no identifiable information like email, phone number, name, etc. We also send Google your IP Address. We use GA to track aggregated website behaviour, such as what pages you looked at, for how long, and so on. This information is important to us for improving the user experience and determining site effectiveness. If you would like to access what browsing information we have – or ask us to delete any GA data – please delete your _ga cookies, reach out to us, and/or install the Google Analytics Opt-Out Browser Add-On.


How long will Swiss Cyber Gate keep the personal data?

We store Your personal data encrypted in our database for a maximum of 18 months. After 18 months it is either deleted or pseudonymised.

For tax purposes, we need to store Your subscription details for 10 years. Once we do not need the data for this purpose anymore, we delete it. Your file-express transfer related metadata is kept as long as Your SMART or TEAM account is active, and pseudonymised 18 months after Your SMART, TEAM or File-Express version account expires.



Your rights

You have various rights with regard to the processing of Your personal data by Swiss Cyber Gate:

Rights to information: You may at any time by informed by Swiss Cyber Gate within one month, as to whether or not personal data concerning You is being processed, and, where that is the case, be informed about the purpose of the data processing, the categories of personal data concerned, the legal basis of the data processing, the source from which the personal data has been collected, if they have not been collected from You, the recipients or categories of recipients to whom Your personal data have been or will be disclosed and to which countries

Your personal data have been transferred, and whether an automated decision making is in place. Furthermore, You are entitled to a copy of Your personal data undergoing processing.

Right to rectification: You may ask us to rectify any inaccurate personal data concerning You.

Right to erasure: You have the right to ask for erasure of personal data concerning You. Such request will not affect the lawfulness of the previous processing of Your personal data.

Right to restrict the data processing: You have the right to ask that Your personal data shall not be processed in a certain manner or for a certain purpose or ask that Swiss Cyber Gate shall not continue to process Your personal data in general. When You provided Your consent to us to process Your personal data, You can withdraw Your consent any time. If You withdraw Your consent, we will no longer process Your personal data. Such request or withdrawal of consent will not affect the lawfulness of the previous processing of Your personal data.

Depending on the applicable data protection law, You may have the right to data portability.

Please note that the restriction of data processing or the erasure of Your personal data may have the consequence that You cannot or not properly use the website and/or the services and/or products of Swiss Cyber Gate and/or that Swiss Cyber Gate is not able to provide You the services that have been offered to or agreed with You.

Please also note that Your rights mentioned above may be limited under certain circumstances.


Changes to this policy:

Swiss Cyber Gate reserves the right to modify or amend this data protection declaration and cookie statement at any time and for any reason; users will be notified about changes via our web site. 


Contact information:

Swiss Cyber Gate is the data controller. If You have any questions about this privacy statement or about the practices of this site or other issues concerning the data processing by Swiss Cyber Gate, You can contact:

Swiss Cyber Gate AG
Data Protection Officer
Nüschelerstrasse 35
CH-8001 Zürich Switzerland


Depending on the applicable data protection law, You may also have the possibility to file a complaint to the competent data protection authority.


Version 1.5, November 2020