What is this Data Privacy Notice about?

The TheraMe! AG (hereinafter also «we», "us") collects and processes personal data that concern you but also other individuals (so-called «third parties»). We use the word «data» here interchangeably with «personal data» or "personal information".

In this Data Privacy Notice, we describe what we do with your data when you use our website www.thera-me.ch, our other websites or apps (hereinafter collectively «website»), obtain services or products from us, interact with us in relation to a contract, communicate with us or otherwise deal with us. Where appropriate, we will provide a just-in-time notice to cover any additional processing activities not mentioned in this Data Privacy Notice. In addition, we may inform you about the processing of your data separately, for example in consent forms, terms and conditions, forms and other notices.

If you disclose data to us or share data with us about other individuals, we assume that you are authorized to do so, and that the relevant data is accurate. When you share data about others with us, you confirm that. Please make sure that these individuals have been informed about this Data Privacy Notice.

This Data Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR») and the Swiss Data Protection Act («FADP»). However, the application of these laws depends on each individual case.

Who is the controller for processing your data?

The TheraMe! AG, c/o StartLab, Route de la Corniche 5, CH 1066 Epalinges (hereinafter «TheraMe!») is the controller for the TheraMe! processing under this Data Privacy Notice, unless we tell you otherwise in an individual case.

You may contact us for data protection concerns and to exercise your rights under Section 11 as follows:

TheraMe! AG
c/o StartLab
Route de la Corniche 5
CH 1066 Epalinges
data_protection@thera-me.ch

We have appointed the following additional positions:

Data Protection Representative in the EU according to article 27 GDPR:

SIDD Datenschutz Deutschland UG (haftungsbeschränkt)
Schellingstr. 109a
80798 München, Deutschland

You can also contact these parties for data protection concerns.

What data do we process?

We process various categories of data about you. The main categories of data are the following:

·       Technical data: When you use our website or other online offerings, we collect the internet protocol (IP) address of your terminal device and other technical data in order to ensure the functionality and security of our website and other online offerings respectively. This data includes logs with records of the use of our systems. In order to ensure the functionality of these offerings, we may also assign an individual code to you or your terminal device (for example as a cookie, see Section 12). Technical data as such does not permit us to draw conclusions about your identity.

·       Communication data: When you are in contact with us via the contact form, by e-mail, telephone or chat, or by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication. If we record or listen in on telephone conversations or video conferences, for example for training and quality assurance purposes, we make you aware of this. Such recordings may only be made and used in accordance with our internal policies. You will be informed if and when such recordings take place, for example by a display during the relevant video conference. If you do not want to be recorded, please notify us or end your participation. If you simply do not want your image to be recorded, please turn off your camera. If we have to determine your identity, for example in relation to a request for information, a request for press access, etc., we collect data to identify you (for example a copy of an ID document). We store this data for the legally prescribed retention period, but at least if a contractual relationship with you exists or is in the process of being established. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons.

·       Master data: With master data we mean the basic data that we require, in addition to contract data (see below), for the performance of our contractual and other business relationships or for marketing and promotional purposes, such as name and contact details, and information about, for example, your role and function, your bank details, your date of birth, customer history, powers of attorney, signature authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (for example as a contact person of the business partner), or because we wish to address you for our own purposes or for the purposes of a contractual partner (for example as part of marketing and advertising, with newsletters, etc.). We receive master data from you, from parties you work for, or from third parties such as contractual partners, associations and address brokers, and from public sources such as public registers or the internet (websites, social media, etc.). We may also process health data and information about third parties as part of master data. We may also collect master data from our shareholders and investors. We retain this data for the legally prescribed retention period, but at least as long as a contractual relationship with you exists or is in the process of being established. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons. In the case of pure marketing and advertising contacts, the period is normally much shorter, usually no more than 2 years since the last contact.

·       Contract data: This means data that is collected in relation to the conclusion or performance of a contract, for example information about the contracts and the services provided or to be provided, as well as data from the period leading up to the conclusion of a contract, information required or used for performing a contract, and information about feedback (for example complaints, feedback about satisfaction, etc.). This includes health data and information about third parties, for example about hereditary diseases in a family. We generally collect this data from you, from contractual partners and from third parties involved in the performance of the contract, but also from third-party sources (for example credit information providers) and from public sources. We generally keep this data for 10 years from the last contract activity or from the end of the contract. This period may be longer where necessary for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons.

·       Survey: We may collect personal information about you as part of completing a Survey. We retain your personal information for as long as the information is reasonably needed for the purposes of the respective Survey. We also may retain your personal information to comply with our legal obligations, to execute the contract, or resolve disputes. In the case of processing the data for marketing and advertising purposes the period is normally shorter, usually no more than 2 years since the last contact.

·       Other data: We also collect data concerning you in other situations. For example, data that may relate to you (such as files, evidence, etc.) is processed in relation to administrative or judicial proceedings. We may obtain or create photos, videos and sound recordings in which you may be identifiable (for example at our events, etc.). The retention period for this data depends on the processing purpose and is limited to what is necessary.

Much of the data set out in this Section 3 is provided to us by you (through forms, when you communicate with us, in relation to contracts, when you use the website, etc.). You are not obliged or required to disclose data to us except in certain cases, for example within the framework of binding health protection concepts (legal obligations). If you wish to enter into contracts with us or use our services, you must also provide us with certain data, in particular master data, contract data and registration data, as part of your contractual obligation under the relevant contract. When using our website, the processing of technical data cannot be avoided. If you wish to gain access to certain systems or buildings, you must also provide us with registration data. However, in the case of behavioral and preference data, you have the right of objecting or not giving consent.

Insofar as this is not inadmissible, we also collect data from public sources (for example debt collection registers, land registers, commercial registers, the media, or the internet including social media) or receive data from other companies within our group, from public authorities and from other third parties (such as credit agencies, address brokers, associations, contractual partners, internet analytics services, etc.).

For what purposes do we process your data?

We process your data for the purposes explained below. Further information is set out in Sections 11 and 12 for online services. These purposes and their objectives represent interests of us and potentially of third parties. You can find further information on the legal basis of our processing in Section 5.

We process your data for purposes related to communication with you, in particular in relation to responding to inquiries and the exercise of your rights (Section 10) and to enable us to contact you in case of queries. For this purpose, we use in particular communication data and master data, and registration data in relation to offers and services that you use. We keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.

We process data for the establishment, administration and processing of contractual relationships.

We process data for marketing purposes and relationship management, for example to send our customers and other contractual partners personalized advertising about our products and services and those of third parties (e.g. advertising contractual partners). This may happen in the form of newsletters and other regular contacts (electronically, by e-mail or by telephone), through other channels for which we have contact information from you, but also as part of marketing campaigns (for example events, contests, etc.) and may also include free services (for example invitations, vouchers, etc.). You can object to such contacts at any time (see at the end of this Section 4) or refuse or withdraw consent to be contacted for marketing purposes. With your consent, we can target our online advertising on the internet more specifically to you (see Section 12).

We further process your data for market research, to improve our services and operations, and for product development.

We may also process your data for security and access control purposes.

We process personal data to comply with laws, instructions and recommendations from authorities and internal regulations («Compliance»).

We also process data for the purposes of our risk management and as part of our corporate governance, including business organization and corporate development.

We process your data that we collect in connection with a Survey for the purposes described in the respective Survey.

We may process your data for further purposes, for example as part of our internal processes and administration or for quality assurance purposes and trainings.

On what basis do we process your data?

Where we ask for your consent for certain processing activities (for example for the processing of sensitive personal data, for marketing mailings, for personalized motion profiles and for advertising management and behavior analysis on the website), we will inform you separately about the relevant processing purposes. You can withdraw your consent at any time with effect for the future by providing us written notice (by post) or, unless otherwise noted or agreed, by sending an e-mail to us; see our contact details in Section 2. To withdraw consent for online tracking, see Section 12. Where you have a user account, you may also withdraw your consent or contact us also through the relevant website or other service, as applicable. Once we have received notification of the withdrawal of your consent, we will no longer process your information for the purpose(s) to which you originally consented, unless we have another legal basis to do so. The withdrawal of consent does not, however, affect the lawfulness of the processing based on the consent prior to withdrawal.

Where we do not ask for consent for processing, the processing of your personal data relies on the requirement of the processing for initiating or executing a contract with you (or the entity you represent) or on our or a third-party legitimate interest in the particular processing, in particular in pursuing the purposes and objectives set out in Section 4 and in implementing related measures. Our legitimate interests also include compliance with statutory provisions, insofar as this is not already recognized as a legal basis by applicable data protection law (for example in the case of the GDPR, the laws in the EEA and in the case of the FADP, Swiss law).

Where we receive sensitive personal data (for example health data, data about political opinions, religious or philosophical beliefs, and biometric data for identification purposes), we may process your data on other legal basis, for example, in the event of a dispute, as required in relation to a potential litigation or for the enforcement or defense of legal claims. In some cases, other legal basis may apply, which we will communicate to you separately as necessary.

Profiling and automated individual decision-making

We do not evaluate personal characteristics based on your data (section 3) in an automated form ("profiling"), nor do we use automated individual decision-making processes in connection with personal data and, for example, using artificial intelligence.

With whom do we disclose your data?

In relation to our contracts, the website, our services and products, our legal obligations or otherwise with protecting our legitimate interests and the other purposes set out in Section 4, we may disclose your personal data to third parties, in particular to the following categories of recipients:

·       Service providers: We work with service providers in Switzerland and abroad who process your data on our behalf or as joint controllers with us or who receive data about you from us as separate controllers. This may include health data. For the service providers used for the website, see Section 12. Key service providers in the IT area are Microsoft, Edificom and Safe Swiss Cloud.

·       Contractual partners including customers: This refers to customers and our other contractual partners as this data disclosure results from these contracts. If you work for one of these contractual partners, we may also disclose data about you to that partner in this regard. This may include health data. These recipients also include contractual partners with whom we cooperate.

·       Public authorities: We may disclose personal data to agencies, courts and other authorities in Switzerland and abroad if we are legally obliged or entitled to make such disclosures or if this appears necessary to protect our interests. This may include health data. These authorities act as separate controllers.

·       Other persons: This refers to other cases where interactions with third parties arises from the purposes set out in Section 4, for example service recipients, the media and associations in which we participate or if you are included in one of our publications.

All these categories of recipients may involve third parties, so that your data may also be disclosed to them. We can restrict the processing by certain third parties (for example IT providers), but not by others (for example authorities, banks, etc.).

Is your personal data also sent abroad?

As explained in section 7, we disclose data to other parties. These are not all located in Switzerland. Your data may, therefore, be processed in Europe, the USA and in exceptional cases, in any country in the world.

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, we use the revised European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.

Please note that data exchanged via the internet is often routed through third countries. Your data may therefore be sent abroad even if the sender and recipient are in the same country.

Where is your data stored and how long do we process your data?

We process your data for as long as our processing purposes, the legal retention periods and our legitimate interests in processing for documentation and evidence purposes or for as long as storage is a technical necessary. You will find further information on the respective storage and processing periods for the individual data categories in Section 3, and for cookies in Section 12. If there are no contrary legal or contractual obligations, we will delete or anonymize your data once the storage or processing period has expired as part of our usual processes.

How do we protect your data?

We take appropriate security measures in order to maintain the required security of your personal data and ensure its confidentiality, integrity and availability, and to protect it against unauthorized or unlawful processing, and to mitigate the risk of loss, unintentional alteration, unwanted disclosure or unauthorized access.

What are your rights?

Applicable data protection laws grant you the right to object to the processing of your data in some circumstances, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing.

To help you control the processing of your personal data, you have the following rights in relation to our data processing, depending on the applicable data protection law:

–               The right to request information from us as to whether and what data we process concerning you;

–               The right to have us correct or complete data if it is inaccurate, or incomplete and in certain circumstances the right to restrict data processing;

–               The right to request erasure of data;

–               The right to obtain from us the personal data concerning you in a commonly used electronic format or to transmit it to another controller;

–               The right to withdraw consent, where our processing is based on your consent;

–               The right to receive, upon request, further information that is helpful for the exercise of these rights;

If you wish to exercise the above-mentioned rights in relation to us, please contact us in writing, at our premises or, unless otherwise specified or agreed, by e-mail; you will find our contact details in Section 2. In order for us to be able to prevent misuse, we need to identify you (for example by means of a copy of your ID card, unless identification is not possible otherwise).

You also have these rights in relation to other parties that cooperate with us as separate controllers – please contact them directly if you wish to exercise your rights in relation to their processing. You can find information on our key partners and service providers in Section 7 and additional information in Section 12.

Please note that conditions, exceptions or restrictions apply to these rights under applicable data protection law (for example to protect third parties or trade secrets). We will inform you accordingly where applicable.

If you do not agree with the way we handle your rights or with our data protection practices, please let us know. If you are located in the EU, the EEA, the United Kingdom or in Switzerland, you also have the right to lodge a complaint with the data protection supervisory authority in your country. You can find a list of authorities in the EU, the EEA here: https://edpb.europa.eu/about-edpb/board/members_en. You can contact the UK supervisory authority here: https://ico.org.uk/global/contact-us/. You can contact the Swiss supervisory authority here: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.

Do we use online tracking and online advertising techniques?

We use various techniques on our website that allow us and third parties engaged by us to recognize you during your use of our website, and possibly to track you across several visits. This Section informs you about this.

In essence, we wish to distinguish access by you (through your system) from access by other users, so that we can ensure the functionality of the website and carry out analysis and personalization. We do not intend to determine your identity, even if that is possible where we or third parties engaged by us can identify you by combination with registration data.  However, even without registration data, the technologies we use are designed in such a way that you are recognized as an individual visitor each time you access the website, for example by our server (or third-party servers) that assign a specific identification number to you or your browser (so-called «cookie»).

We use these technologies on our website and may allow certain third parties to do so as well. You can also set your browser to block or deceive certain types of cookies or alternative technologies, or to delete existing cookies. You can also add software to your browser that blocks certain third-party tracking. You can find more information on the help pages of your browser (usually with the keyword «Privacy») or on the websites of the third parties set out below.

We currently use the following cookies:

–               Necessary cookies: Some cookies are necessary for the functioning of the website or for certain features. For example, they ensure that you can move between pages without losing information that was entered in a form. They also ensure that you stay logged in. These cookies exist temporarily only («session cookies»). If you block them, the website may not work properly. Other cookies are necessary for the server to store options or information (which you have entered) beyond a session (i.e. a visit to the website) if you use this function (for example language settings, consents, automatic login functionality, etc.). These cookies have an expiration date of up to 24 months.

What data do we process on our social network pages?

We may operate pages and other online presences («fan pages», «channels», «profiles», etc.) on social networks and other platforms operated by third parties and collect the data about you described in Section 3 and below. We receive this data from you and from the platforms when you interact with us through our online presence (for example when you communicate with us, comment on our content or visit our online presence). At the same time, the platforms analyze your use of our online presences and combine this data with other data they have about you (for example about your behavior and preferences). They also process this data for their own purposes, in particular for marketing and market research purposes (for example to personalize advertising) and to manage their platforms (for example what content they show you) and, to that end, they act as separate controllers.

We process this data for the purposes set out in Section 4, in particular for communication, for marketing purposes (including advertising on these platforms, see Section 12) and for market research. You will find information about the applicable legal basis in Section 5. We may disseminate content published by you (for example comments on an announcement), for example as part of our advertising on the platform or elsewhere. We or the operators of the platforms may also delete or restrict content from or about you in accordance with their terms of use (for example inappropriate comments).

For further information on the processing of the platform operators, please refer to the privacy information of the relevant platforms. There you can also find out about the countries where they process your data, your rights of access and erasure of data and other data subject rights and how you can exercise them or obtain further information. We currently use the following platforms:

–               LinkedIn: Here we operate TheraMe! AG | LinkedIn. The entity responsible for operating the platform for users from Europe is LinkedIn Ireland Unlimited Company, Ireland. This is described here: https://legal.linkedin.com/pages-joint-controller-addendum. It helps us understand how our site is used and how to improve the site. We only receive anonymous, aggregated data. You can find LinkedIn's Data Protection Notice, and information on how the social media platform handles your data here: LinkedIn Privacy Notice.

Can we update this Data Privacy Notice?

This Data Privacy Notice is not part of a contract with you. We can change this Data Privacy Notice at any time. The version published on this website is the current version.

Last update: 27.06.2025