Privacy Policy

Updated: Oct 04, 2023

Quantum Brilliance Pty Ltd
Level 1/477 Pitt Street Haymarket,
NSW 2000,
Australia

2. Why this Privacy Policy?

This privacy policy (“Privacy Policy”) aims to inform you about how we use personal data collected by Quantum Brilliance Pty Ltd/GmbH (“Quantum Brilliance”). This Privacy Policy supplements the Quantum Brilliance Information Technology and Data Protection Policies.

Every person who is employed by, applies for employment or does business with Quantum Brilliance, (hereafter the “Data Subject” or “you”) discloses a certain amount of personal data. The personal data is information which allows Quantum Brilliance to identify you as a natural person. You are identifiable as soon as it is possible to create a direct or indirect link between one or more data points and yourself. Quantum Brilliance is committed to the protection of the privacy of its Data Subjects, regardless of whether they are situated inside or outside the European Economic Area.

We only use and process your personal data in accordance with the General Data Protection Regulation (GDPR). The GDPR is short for the Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. This European regulation provides the highest level of privacy protection in the world. That is why we apply this high standard to all Data Subjects.

Through this Privacy Policy, every Data Subject in relation to Quantum Brilliance is informed of the processing activities we may carry out with his or her personal data. Quantum Brilliance reserves the right to modify this Privacy Policy at all times while still maintaining regulatory compliance. If we make any material changes to this Privacy Policy, we will notify you by sending each Data Subject a courtesy email or letter as appropriate. It is your responsibility to check for updates to this Privacy Policy.

3. Who is responsible for the processing of personal data?

a. Controller

Quantum Brilliance is responsible for the processing of the personal data of the Data Subjects. Quantum Brilliance decides alone which personal data are being collected as well as the technical and organizational means of collecting, processing and storing of those personal data. Quantum Brilliance has taken appropriate technical and organizational measures to protect the personal data of its Data Subjects. Quantum Brilliance uses a variety of adequate security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. Quantum Brilliance secures the personally identifiable information you provide in a controlled, secure environment, protected from unauthorized access, use or disclosure.

b. Processor(s)

Quantum Brilliance also employs Data Processors. A processor is the natural or legal person who processes the personal data of the Data Subjects upon request and on behalf of the Data Controller. The Data Processor is required to ensure the security and confidentiality of the data and shall always act on the instructions of the data controller. Quantum Brilliance relies on the following categories of “processors”:

• Human Resources personnel

• Information Technology personnel

• Sales personnel

• Purchasing personnel

• Management

4. On what legal grounds are my data processed?

In accordance with the GDPR we process personal data on the following legal grounds:

• On the basis of the execution of the contract agreed upon with you or the execution of precontractual steps taken at your request; or

• On the basis of compliance with legal or regulatory provisions with regard to the management of the contractual relationship, invoicing in particular;

• On the basis of our legitimate interest in sending information and newsletters to our customers;

5. Which personal data are being processed and why?

Quantum Brilliance commits to only collect and process adequate, relevant and limited to what is necessary for the purposes for which they are processed. The following categories of personal data are processed by Quantum Brilliance:

Employment Applicants

Business Contacts (Investors, Suppliers, Customers, non-employees):

This data is collected at the time of your application for employment, commencement of employment, or when conducting business operations such as sales offers, order fulfillment or invoicing for services/goods. Other personal data may be collected later, e.g. in the context of our after-sales. These data are necessary for the provision of Quantum Brilliance services. The amount of personal data collected depends on your individual business dealings with Quantum Brilliance.

6. Who receives your personal data?

Your personal data are processed for normal business processes within Quantum Brilliance and its trusted processors only. Quantum Brilliance will contact appropriate authorities and disclose personal data when required to do so by law, regulation or under a good faith belief that action is necessary to conform to or comply with the law and legal process, to protect and defend Quantum Brilliance rights and/or property and customers. Quantum Brilliance does not leverage personal information as a source of revenue, and collected data is used solely for the purposes of pursuing legitimate business interests.

6a. Who are Quantum Brilliance’s trusted processors?

Contact information is processed by the following external providers used to assist us with regular business activities:

• Microsoft (M365 for Business)

• HubSpot (Customer Relationship Manager)

• Netsuite (Vendor/Finance)

• BambooHR (Personnel Management)

• Squarespace (Website, contact collection)

• Microsoft Clarity (Website Analytics)

These vendors are confirmed to be GDPR-compliant.

7. How long do we store your personal data?

Your data is stored as long as necessary to achieve the ends pursued and in accordance with applicable laws. They will be erased from our database as soon as they are no longer necessary for the ends pursued or if you validly exercise your right to erasure.

8. What are my rights?

a. Guarantee of a legitimate and secure process of your personal data

Your personal data are always processed for the legitimate purposes explained in point 5. They are collected and processed in an appropriate, relevant and non-excessive manner, and are not kept longer than necessary to achieve the intended purposes.

b. Right to access

If you can prove your identity, you have the right to obtain information about the processing of your data. Thus, you have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.

c. Right to rectification of your personal data

Inaccurate or incomplete personal data may be corrected. It is primarily the responsibility of the Data Subject to request the necessary changes in writing (electronic or hard copy).

d. Right to erasure (or “right to be forgotten”)

You also have the right to obtain the erasure of your personal data under the following assumptions: • Your personal data are no longer necessary for the intended purposes; • You withdraw your consent to the processing and there is no other legal ground for processing; • You have validly exercised your right of opposition; • Your data must be deleted to comply with a legal obligation.

e. Right to limitation of processing

In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary in the context of legal proceedings or the time required to Quantum Brilliance to verify that you can validly exercise your right to erasure.

f. Right to object

You have the right to object at any time to the processing of your personal data for direct marketing purposes. Quantum Brilliance will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.

g. Right to data portability

You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. You are then free to transfer this data to a similar service provider.

h. Right to withdraw your consent

You may withdraw your consent to the processing of your personal data at any time, for example for personalized marketing communication purposes.

9. How to exercise your rights?

If you wish to exercise your rights, please send a written request and proof of identity by mail to Quantum Brilliance, ATTN: Data Protection Authority, Industriestraße 4, 70565, Stuttgart, Germany

10. Ability to lodge a complaint

If you are not satisfied with the processing of your personal data by Quantum Brilliance, you have the right to lodge a complaint with the competent Data Protection Authority
You can locate your local Data Protection Authority here:
European Data Protection Board (europa.eu)

11. Court of competent jurisdiction

In the event of any dispute regarding the execution or interpretation of this Privacy Policy, Quantum Brilliance will do everything in its power to find an amicable solution. In the absence of an amicable solution, all disputes relating to or arising from the processing of personal data by Quantum Brilliance will be submitted to the courts of the appropriate judicial district.