Legal

Privacy policy.

How we handle and protect your personal data.

With this privacy policy we inform about the processing of personal data in connection with our activities and operations including our website 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.

1. Contact

Responsibility for the processing of personal data:

netsense GmbH
Zollikerstrasse 153
8008 Zurich
Switzerland

privacy@netsense.ch

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@netsense.ch

1.2 Data protection representative 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 representative 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 Definitions

Data subject: Natural person whose personal data we process.

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

Sensitive personal data: Data relating to trade union, political, religious or philosophical beliefs and activities; data concerning health, privacy, 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.

Processing: Any handling of personal data, regardless of the means and procedures used, such as collecting, recording, storing, using, adapting, disclosing, archiving, deleting or destroying 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 revised Swiss Federal Act on Data Protection (Federal Act on Data Protection, FADP), in force since 1 September 2023, and the Ordinance on Data Protection (DPO).

We process - if and to the extent that the European General Data Protection Regulation (GDPR) is applicable - 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 data in order to protect legitimate interests - including the legitimate interests of third parties -, unless the fundamental freedoms, fundamental rights or interests of the data subject prevail. Such interests include, in particular, the permanent, secure and reliable performance of our activities and operations, information security, protection against misuse, 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 data with the consent of the data subject.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal 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 sensitive personal data as 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 carry out our activities and operations in a permanent, user-friendly, 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 disclose personal data where this is necessary for our activities and operations, in particular to IT, hosting, communication and other service providers, professional advisers, authorities where legally required, contractual partners and other recipients where disclosure is permitted or required by applicable law.

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 other online services is protected using transport encryption with current TLS configurations where technically supported. Depending on the system and processing context, we also use additional technical and organisational measures such as intrusion prevention, secure secret management, cryptographic hashing, regular code reviews, and automated code and security scanning. Our security measures are risk-based and informed by recognised information security practices, including ISO/IEC 27002.

Our digital communication - like digital communication generally - 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. Personal data abroad

We generally process personal data 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 may transfer personal data to countries worldwide, provided that the applicable data protection requirements are met. This is the case in particular where the Swiss Federal Council and - if and insofar as the General Data Protection Regulation (GDPR) is applicable - the European Commission have recognised that the country or jurisdiction 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, and the last website accessed in the same browser window (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 Sway app and technical account

Sway creates a technical account after onboarding without requiring a traditional login with an email address and password. For this purpose, we process an internal user identifier, technical authentication credentials, an identifier used for purchase management, and a randomly generated installation identifier used to prevent misuse. We also process technical information required to operate the app, such as app and operating-system version, device platform, language, region, IP address, and request metadata.

Users provide a first name for personalisation. We process this name to create the technical account and to address the User personally in the app and generated audio. The name is not used to create a public profile.

We process this data to perform our contract with the User, provide and secure the app, manage accounts and Credits, prevent fraud and misuse, provide support, and comply with legal obligations. Where the GDPR applies, the processing is based in particular on Art. 6 para. 1 lit. b, c and f GDPR and, where required, on consent.

9.4 Personal meditation generation and artificial intelligence

To create a personal audio meditation, Users provide a meditation goal and may select a duration and meditation technique. We transmit and process the goal and selected options together with the technical account information required to generate and deliver the meditation. A goal may reveal information about a User's well-being, health, private life, or current situation and may therefore contain sensitive personal data. Users should not include information about other persons unless they are legally permitted to do so.

We use automated systems, including artificial intelligence, to generate meditation content and audio. Submitted goals and generated content may be subject to automated safety and misuse checks. These checks may result in a request being rejected or interrupted. We do not use these systems to make decisions that produce legal effects for Users or similarly significantly affect them.

Generation scripts, delivery data, and audio may be processed temporarily on our infrastructure and by service providers where necessary to perform safety checks, generate and deliver the Sway, resume an interrupted delivery, handle errors, ensure security, and prevent misuse. We limit this processing and retention to what is required for these purposes and applicable legal obligations.

9.5 Local storage

Generated Sways, downloaded audio, library information, app settings, favourites, and detailed meditation progress and playback history are primarily stored locally on the User's device. We do not use our backend as a cloud-synchronised meditation library and do not routinely upload local file paths, favourites, library metadata, or detailed playback history.

Deleting the app, clearing app data, deleting a Sway or account, or losing or replacing the device may permanently delete locally stored Sways and meditation history. Authentication credentials are stored using protected storage provided by the operating system where technically supported.

The randomly generated installation identifier used for fraud and misuse prevention may remain stored on the installation after an account is deleted. This prevents repeated account creation from bypassing technical safeguards or promotional limits. It does not contain the User's name or email address.

9.6 Minimum age and age assurance

Sway is intended for Users aged 13 and over. Where required and supported by the operating system or app marketplace, Sway may request a privacy-preserving age range to determine whether the minimum-age requirement is met. We do not request or receive the User's exact date of birth through this process.

Sway uses the age-range result only to allow, block, or retry onboarding. We do not persist the age category or the method by which it was declared, and we do not transmit either to our backend, RevenueCat, or product analytics. We may store locally the applicable age-assurance policy version and the time at which the minimum-age check was passed.

9.7 Credits and in-app purchases

We process information required to provide and manage Meditation Credits and in-app purchases. This may include internal User and purchase identifiers, Credit balances and transactions, purchased products, transaction times, app-store receipts or purchase tokens, device platform, and technical purchase information. Payment-card and app-store account details are processed by the applicable app store or payment provider and are not provided to us in full.

We use RevenueCat to validate purchases, assign and manage Credits, maintain Credit balances, restore supported purchases, prevent fraud, and troubleshoot purchase issues. For these purposes, RevenueCat may receive an app-specific User identifier, technical device information, Apple receipt data or Google purchase tokens, and transaction information.

9.8 Product events and app improvement

We may process coarse product events such as account creation, purchase outcome, meditation-generation outcome, delivery completion, safety rejection, and technical errors. We use such events to operate and secure Sway, prevent misuse, measure reliability, provide support, and improve the app. We do not intend these events to contain meditation goals, generated meditation text, local library contents, favourites, local file paths, or detailed playback history.

9.9 Account deletion and retention

Users can request deletion of their Sway account in the app. This deletes or anonymises account-related personal data that is no longer required and resets locally stored Sway data and authentication credentials. Generated Sways, local history, and unused Credits may be permanently lost.

We may retain limited information after account deletion where required for legal, accounting, transaction, security, fraud-prevention, or legal-claims purposes. App stores, payment providers, and RevenueCat retain information under their own legal obligations and retention policies. The local installation identifier described in section 9.5 may remain on the device for misuse prevention.

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 send notifications and messages effectively, securely and reliably 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 generally 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 privacy policies 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 user-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 carry out our activities and operations in a sustainable, user-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:

  • Infomaniak: E-mail, hosting, storage space and other cloud infrastructure; Service provider: Infomaniak Network SA (Switzerland); Infomaniak-specific information: "Data confidentiality policy".
  • Microsoft: E-mail and communication services; Provider: Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), Switzerland and the United Kingdom / Microsoft Corporation (USA) for users in the rest of the world; General information on data protection: "Data protection at Microsoft".
  • Microsoft Azure: Hosting, storage, application infrastructure, and technical services used to operate our website and applications and to generate and deliver Sways; Service provider: Microsoft; Microsoft Azure-specific information: "Data protection in Azure".
  • RevenueCat: Validation and management of in-app purchases, app-specific User identifiers, purchase transactions, and Meditation Credit balances; Service provider: RevenueCat, Inc. (USA); RevenueCat-specific information: "Privacy Policy". RevenueCat may process data in the United States. We use the legally required safeguards for such transfers.
  • Apple: Distribution of the iOS app, processing of in-app purchases, purchase restoration, fraud prevention, and, where applicable, privacy-preserving age assurance; Providers include Apple Distribution International Ltd. (Ireland) and Apple Inc. (USA); Apple-specific information: "App Store & Privacy" and "Age Range for Apps & Privacy".
  • Google Play: Distribution of the Android app, processing of in-app purchases, purchase restoration, and fraud prevention; Providers include Google Ireland Limited (Ireland) and Google LLC (USA); Google-specific information: "Privacy Policy".

12.1 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.

12.2 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. Final notes on this privacy policy

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 privacy policy on our website.