Privacy policy

With this privacy policy we inform about the processing of personal data in connection with our activities and operations including our website under the domain name ephoria.health and our applications. In particular, we provide information on why, how and where we process which personal data. We also provide information about the rights of persons whose data we process.

For individual or additional activities and operations, we may publish further data protection statements or other information on data protection.

We are subject to Swiss data protection law as well as any applicable foreign data protection law, in particular that of the European Union (EU) with the European General Data Protection Regulation (GDPR).

In its decision of 26 July 2000, the European Commission recognised that Swiss data protection law ensures adequate data protection. In its report of 15 January 2024, the European Commission confirmed this adequacy decision.

This privacy policy has been machine translated from German. In case of discrepancies and contradictions, the Privacy Policy in German shall prevail.

1. Contact

Responsibility for the processing of personal data:

netsense GmbH
Zollikerstrasse 153
8008 Zurich
Switzerland

privacy@ephoria.health

In individual cases, third parties may be responsible for the processing of personal data or there may be joint responsibility with third parties.

1.1 Data protection officer or data protection advisor

We have the following data protection officer or the following data protection advisor as a point of contact for data subjects and authorities for enquiries in connection with data protection:

Simon Duncombe
netsense GmbH
Zollikerstrasse 153
8008 Zurich
Switzerland

privacy@ephoria.health

1.2 Data protection representation in the European Economic area (EEA)

We have the following data protection representation in accordance with Art. 27 GDPR:

VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

info@datenschutzpartner.eu

The Data Protection Representation serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries in connection with the GDPR.

2.1 Terms

Data subject: Natural person whose personal data we process.

Personal data: Any information relating to an identified or identifiable natural person.

Personal data particularly worthy of protection: Data relating to trade union, political, religious or philosophical beliefs and activities, data concerning health, privacy or racial or ethnic origin;or racial or ethnic origin, genetic data, biometric data uniquely identifying a natural person, data relating to criminal or administrative sanctions or prosecutions, and data relating to social assistance measures.

Edit: Any handling of personal data, regardless of the means and procedures used, such as retrieving, matching, adapting, archiving, storing, reading out, disclosing, obtaining, collecting, deleting, deleting, organising, storing, modifying, disseminating, linking, destroying and using personal data, giving, obtaining, recording, collecting, deleting, disclosing, arranging, organising, storing, modifying, disseminating, linking, destroying and using personal data.

European Economic Area (EEA): Member states of the European Union  (EU) as well as the Principality of Liechtenstein, Iceland and Norway.

We process personal data in accordance with Swiss data protection law, in particular the Federal Data Protection Act (Data Protection Act, DPA) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

We process - if and to the extent that the European General Data Protection Regulation (GDPR) is applicable - personal data or personal data in accordance with at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the fulfilment of a contract with the data subject and for the implementation of precontractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal related data in order to protect legitimate interests - including the legitimate interests of third parties -, unless the fundamental freedoms and fundamental rights and interests of the data subject prevail. Such interests are, in particular, the permanent, humane, safe and reliable performance of our activities and operations, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to fulfil a legal obligation to which we are subject under all applicable laws of Member States in the European Economic Area (EEA).
  • Art. 6 para. 1 lit e GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal related data with the consent of the data subject.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal related data to protect the vital interests of the data subject or another natural person.
  • Art. 9 para. 2 ff. GDPR for the processing of special categories of personal data, in particular with the consent of the data subject.

The European General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data and the processing of particularly sensitive personal data as the processing of special categories of personal data (Art. 9 GDPR).

3. Type, scope and purpose of the processing of personal data

We process the personal data that is required in order to be able to carry out our activities and operations in a permanent, humane, secure and reliable manner. The personal data processed may in particular fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, insofar as such processing is permitted for legal reasons.

We process personal data, where necessary, with the consent of the data subjects. We may process personal data without consent in many cases, for example to fulfil legal obligations or to protect overriding interests. We may also ask data subjects for their consent if their consent is not required.

We process personal data for the duration required for the respective purpose. We anonymise or delete personal data, in particular depending on statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties, have it processed by third parties or process it jointly with third parties. Such third parties are, in particular, specialised providers whose services we use.

We may transfer personal data, for example, to banks and other financial service providers, public authorities, educational and research institutions, consultants and lawyers, interest groups, IT service providers, co-operation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, organisations and associations, social institutions, telecommunication companies and other third parties;partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, organisations and associations, social institutions, telecommunications companies and insurance companies.

5. Communication

We process personal data in order to be able to communicate with individuals and with authorities, organisations and companies. In particular, we process data that a data subject transmits to us when making contact, for example by post or e-mail. We may store such data in an address book or by comparable means.

Third parties who transmit data about other persons to us are obliged to ensure the data protection of these data subjects at all times. In particular, they must ensure that such data is correct and may be transmitted.

We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. We can also use such services to manage and otherwise process the data of data subjects beyond direct communication.

6. Data security

We take appropriate technical and organisational measures to ensure data security appropriate to the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability and integrity of the processed personal data, without being able to guarantee absolute data security.

Access to our website and our other online presence takes place using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn against visiting websites without transport encryption.

Our digital communication - as in principle all digital communication - is subject to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot exert any direct influence on the corresponding processing of personal data by secret services, police forces and other security authorities. We also cannot rule out the possibility that a data subject may be subject to targeted surveillance.

7. Persons data abroad

We process personal data in principle in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We can export personal data to all states on earth and elsewhere in the universe, provided that the local law is complied with in accordance with decision of the Swiss Federal Council and - if and insofar as the General Data Protection Regulation (GDPR) is applicable - also in accordance with decision of the European Commission ensures adequate data protection.

We may transfer personal data to countries whose laws do not ensure adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable guarantees. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the special data protection legal requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or fulfilment of a contract. We will be happy to provide data subjects with information on all guarantees due upon request or provide a copy of all guarantees due.

8. Rights of data subjects

8.1 Data protection and legal claims

We grant data subjects all rights in accordance with the applicable data protection law. Data subjects have the following rights in particular:

  • Information: Data subjects may request information as to whether we process personal data about them and, if so, which personal data is involved. Data subjects also receive the information required to assert their data protection claims and to ensure transparency. This includes the processed personal data as such, but also information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
  • Rectification and restriction: Data subjects may have inaccurate personal data rectified, incomplete data completed and the processing of their data restricted.
  • Deletion and objection: Data subjects can have personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.
  • Data disclosure and data transfer: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, restrict or refuse the exercise of data subjects' rights to the extent permitted by law. We may inform data subjects of any requirements that must be met in order to exercise their data protection rights. For example, we may refuse to provide information in whole or in part with reference to confidentiality obligations, overriding interests or the protection of other persons. For example, we may also refuse to erase personal data, in whole or in part, in particular with reference to statutory data protection obligations.

We may exceptionally provide for costs for the exercise of rights. We will inform affected persons in advance of any costs due.

We are obliged to take appropriate measures to identify data subjects who request information or assert other rights. Data subjects are obliged to cooperate.

Affected persons have the right to assert their data protection claims through legal channels or to lodge a complaint with a data protection supervisory authority.>

Data protection supervisory authority for private controllers and federal bodies in Switzerland is the Eidgenössische Datenschutz- und Öffentlichkauftragte (EDÖB).

European data protection supervisory authorities are organised as members of the European Data Protection Board  (EDPB). In some member states of the European Economic Area (EEA), the data protection authorities are federally structured, especially in Germany.

9. Use of the website and applications

9.1 Cookies

We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be fully or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request - at least if and insofar as necessary - explicit consent to the use of cookies.

For cookies that are used to measure success and reach or for advertising, a general objection ("opt-out") is possible for numerous services via the AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

9.2 Logging

We may log at least the following information for each access to our website and our other infrastructure, provided that this information is transmitted to our digital infrastructure during such access: Date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser and client, including language and version, individual subpages of our website accessed, including the amount of data transferred, last website accessed in the same browser window (referrer). referrer).

We log such information, which may also constitute personal data, in log files and databases. The information is required in order to provide our services in a permanent, user-friendly and reliable manner. The information is also required to ensure data security - also by third parties or with the help of third parties.

9.3 Usage data

We store user data generated in our applications. This includes all information provided by the user, progress and electronically generated content. We may process this data anonymously in order to improve our services or make it available to our partners for the purpose of performance measurement or research.

10. Notifications and communications

10.1 Success and reach measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels can also record the use of notifications and messages on a personalised basis. We need this statistical recording of usage to measure success and reach in order to be able to send notifications and messages effectively and in a human-friendly, permanent, secure and reliable manner based on the needs and reading habits of the recipients.

You must generally consent to the use of your email address and your other contact addresses, unless the use is permitted for other legal reasons. We may use the "double opt-in" procedure to obtain double-confirmed consent. In this case, you will receive a message with instructions for double confirmation. We may use obtained consents including IP address and timestamp for evidence and security reasons.

You can in principle object to receiving notifications and communications such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for measuring success and reach. Necessary notifications and communications in connection with our activities and operations remain reserved.

10.3 Service provider for notifications and communications

We send notifications and communications with the help of specialised service providers.

11. social media

We are present on social media platforms and other online platforms in order to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The general terms and conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such platforms also apply. In particular, these provisions provide information about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including the so-called Page Insights, if and insofar as the General Data Protection Regulation (GDPR) is applicable -. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and people-friendly way.

Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook and Facebook's data protection officer can be found in Facebook's privacy policy. We have concluded the so-called "Data Controller Addendum" with Facebook and thus agreed in particular that Facebook is responsible for guaranteeing the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page "Information on Page Insights" including "Information about page insights data".

12. third-party services

We use services from specialised third parties in order to be able to carry out our activities and operations in a sustainable, people-friendly, secure and reliable manner. Among other things, we can use such services to embed functions and content in our website. In the case of such embedding, the services used collect the IP addresses of users at least temporarily for technically compelling reasons.

For necessary security, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

12.1 Digital infrastructure

We use services from specialised third parties in order to be able to make use of the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

12.2 Audio and video conferences

We use specialised audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings or conduct online lessons and webinars. When participating in audio and video conferences, the legal texts of the individual services, such as privacy policies and terms of use, also apply.

We recommend muting the microphone by default and blurring the background or displaying a virtual background when participating in audio or video conferences, depending on your life situation.

12.3 Online collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy policies, also apply.

We use in particular:

13. Success and Reach Measurement

We strive to measure the success and reach of our activities and initiatives. In this context, we may also assess the impact of third-party references or examine how different parts or versions of our online offerings are used (using the “A/B testing” method). Based on the results of success and reach measurements, we can fix errors, strengthen popular content, or implement improvements.

For success and reach measurement, the IP addresses of individual users are typically collected. In such cases, IP addresses are generally shortened (“IP masking”) to follow the principle of data minimization through appropriate pseudonymization.

Cookies may be used for success and reach measurement, and user profiles may be created. Such user profiles may include details like the specific pages visited or content viewed on our website, information about the size of the screen or browser window, and the approximate location. As a rule, any user profiles created are pseudonymized and not used to identify individual users. Certain third-party services, where users are logged in, may link the use of our online offerings to the respective user account or profile on those services.

We specifically use:

14. Extensions for the website

We use extensions for our website in order to be able to use additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

15. Final notes on the data protection declaration

We may update this privacy policy at any time. We will inform you about updates in an appropriate form, in particular by publishing the current data protection declaration on our website.