Privacy Policy

1. Introduction

This privacy policy ("Privacy Policy") applies to Themis Recovery Switzerland AG (hereinafter referred to as "Token Recovery", "we", "us" or "our") with respect to information and data we collect, use and process. We at Token Recovery are committed to maintaining a standard of privacy protection for our clients and users in compliance with the applicable laws and regulations in particular the Swiss Federal Act on Data Protection ("FDPA") and the EU General Data Protection Regulation 2016/679 ("GDPR") as may be amended, replaced, or updated from time to time.

In this Privacy Policy, "personal data" or "personal information" is data or information about or that relates to you as an identifiable individual. "Use" or "process" mean any operation performed on information about you, including but not limited to collect, disclose, record, organise, structure, store, alter, use, transfer, destroy or otherwise make available.

2. Consent

By accessing and using our Website (as defined below) or services you acknowledge that you have read and understood our Privacy Policy, and you consent to the collection, use and processing of your personal information as set out in this Privacy Policy.

Please read the following carefully to understand our practices regarding your personal data and how we treat it. If you do not wish your personal data to be used in the ways set out in this Privacy Policy, you should refrain from further use of the Website and services.

3. Personal Data Collected During Communications and Provision of Services

We collect and process information about you that:

  1. You provide to us. This is information about you that you share with us by filling in forms on our website (the "Website ") or by any other form of electronic and hard copy communication with us including but not limited to by phone, e-mail, letters, information transferred orally or otherwise. This includes but is not limited to general personal data such as names, addresses, contact information, information about your position and role at an organization that you may represent, information about business relationships with us or other third parties such as requests, offers, contracts, transactions, claims, instructions, accounts and accounting details, assets, public and private keys, solvency and creditworthiness, risk profile, transaction history, information about your claims, counterparties and your third-party providers, etc..
  2. We may collect about you. This is information that we may collect as a result of you interacting and engaging with our Website and services including but not limited to (i) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and (ii) information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Website (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from the page.
  3. We may receive from other sources. This is information we receive about you if you use any of the other websites we or our partners operate or the other services we provide or they provide. In order to provide you with our services we intend to share your data internally and combine it with data collected on this Website. We will share such data only in order to provide our services and ascertain if our services will benefit you as set out below. We may also work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers and search information providers).

4. Use of the Personal Data

We use the personal data collected to:

  1. Communicate with you, respond to your inquiries, process your registration and filings.
  2. Provide our service to you and our clients and more specifically to carry out our obligations arising from contracts entered into by you and us and to provide you with the information, products and services that you request from us.
  3. Retain and use details of the goods and services that you have previously purchased or enquired about to make suggestions to you for other products which we believe you will also be interested in (provided you have consented to this).
  4. Administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes as may be required to ensure our Website and internal systems are functioning properly.
  5. Scrutinize information on your recent visits to our Website to assess and evaluate the usage and performance of our Website and internal systems to evaluate, optimize, improve and enhance our users’ experience.
  6. Keep our Website and internal systems safe and secure.
  7. Measure and comprehend the effectiveness of any advertising we may serve to you and others, to track the effectiveness of our marketing and online advertising.

We may combine information provided by you with any information we may collect about you and/or information we may receive from other sources and use it in the ways set out above where this may be necessary for our legitimate business purposes in providing you with a better and more tailored experience or, if required, with your consent.

5. Disclosure and Sharing of Personal Data

To achieve the purposes set out in this Privacy Policy, we may share your personal information to the extent necessary with:

  1. our affiliates and representatives, selected third parties including, business partners, licensees, suppliers, external providers, and sub-contractors;
  2. selected third parties who may use this information to send you information about products and services that may interest you (provided you have consented to such activity); and
  3. analytics and search engine providers that assist us in the improvement and optimization of our Website.

We may further disclose the personal data to third parties:

  1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  2. If we, or substantially all of our assets, are acquired by a third party, in which case personal data held by us about its users may be one of the transferred assets.
  3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any contract between you or us or to protect the rights, property, or safety of our company, our customers, licensees, business partners, affiliates, subsidiaries, or others.

6. Place of Processing

We store and process your personal data primarily in Switzerland and the EU. However, we may also transfer your personal data to recipients in countries outside of Switzerland or the EU (worldwide). Other jurisdictions may have different data protection rules than your jurisdiction. While your personal data is outside of your jurisdiction, it is subject to the laws of the country in which it is located. It may be processed by staff outside the European Economic Area ("EEA") who work for us or for one of our suppliers engaged in the processing of your personal data. We will take all reasonable and necessary steps to ensure your personal data is treated securely and in accordance with this Privacy Policy and applicable data protection laws, and, if applicable, will not transfer personal data outside the EEA unless an appropriate safeguard is implemented, such as entering EU standard contractual clauses (or equivalent measures) with the party outside the EEA receiving the data. No party will process your personal data unless it is in accordance with our instructions, and it is being processed to provide the agreed upon services while protecting the integrity and confidentiality of your personal data.

7. Our Principles of Collecting and Processing Your Personal Data

In collecting and processing your personal data we abide by core principles of the GDPR as laid out below:

  1. the information is processed in a lawful, fair and transparent manner;
  2. purpose limitation: the information is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
  3. data minimisation: the information collection and processing are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  4. accuracy: the information is processed accurately and, where necessary, kept up to date; every reasonable step will be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or corrected;
  5. storage limitation: the information is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to the implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals;
  6. integrity and confidentiality: the information is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

8. Your rights

Under data protection laws (to the extent that such laws apply to the Website and to you), you have the right to:

  1. Access: You have the right to request a copy of the personal information we are processing about you, which we will provide back to you in electronic form. For your own privacy and security, in our discretion we may require you to prove your identity before providing the requested information. If you require multiple copies of your personal data, we may charge a reasonable administration fee.
  2. Rectification: You have the right to have incomplete or inaccurate personal information that we process about you corrected.
  3. Deletion: You have the right to request that we delete personal information that we process about you, except we are not obligated to do so if we need to retain such data to comply with a legal obligation or to establish, exercise or defend legal claims.
  4. Restriction: Your personal information is processed by us and/or our service providers only for the period necessary for the purposes for which the information is collected (including for the purposes our compliance with any legal, regulatory, tax, accounting or reporting requirements). You have the right to restrict our processing of your personal information where you believe such data to be inaccurate, our processing is unlawful but you do not want it erased, or that we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to the need to establish, exercise or defend legal claims or any other legal or other obligation, or because you do not wish for us to delete it, or you have exercised the right to object and verification of the overriding grounds is pending.
  5. Portability: You have the right to obtain personal information we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (i) personal information which you have provided to us, and (ii) if we are processing that data on the basis of your consent (such as for direct marketing communications) or to perform a contract with you.
  6. Objection: Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defence of a legal claim.
  7. Withdraw Consent: If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us. Please note that in certain circumstances it may be still lawful for us to continue processing your information even where you have withdrawn your consent, if one of the other legal grounds described above is applicable.

Furthermore, you have the right to ask us at any time not to process your personal data for marketing purposes, or to stop processing your data for these purposes if you have previously agreed to such use. If you have already agreed to receive marketing communications from us but have now changed your mind, you can easily unsubscribe at any time by following the instructions (such as to click an "unsubscribe" link in emails) included in these marketing communications.

You can make any of these requests in relation to your personal data by contacting us. If you are based or the issue you would like to complain about incidents that occurred the (EEA), a list of local data protection authorities in the EEA countries can be found here Data Protection Authorities - European Commission (europa.eu).

Please note that our Website may contain links to and from websites of our partner networks, advertisers, affiliates, and other third parties. If you follow a link to these websites, they have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. We assume no responsibility for the data collection and processing by operators of these websites.

9. Security and storage of information

Token Recovery protects your personal information in the same way that it protects its other confidential information, such as storing it on secure servers and by encrypting it to help prevent access by any unauthorized parties. We shall use reasonable commercial efforts to maintain the appropriate security and technical measures to prevent the loss, use or unauthorized access to your personal data. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. We require our partners to process your personal data in accordance with our instructions and subject to confidentiality requirements.

You acknowledge and agree that no transmission of information via the internet is completely secure, and that no method of storage is completely secure and that the state of the technology prevents us from 100% guaranteeing your personal data’s security once transmitted to our Website; any transmission is at your own risk. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

10. Changes to our Privacy Policy

Token Recovery reserves the right to modify, update or amend this Privacy Policy at any time. Any changes or updates we make to our Privacy Policy in the future will be posted on this page. Your continued use of the Website or our will constitute your acceptance of any changes.