QUALIA CONSULTING

PRIVACY NOTICE

1. IMPORTANT INFORMATION AND WHO WE ARE

Qualia Consulting is committed to respecting your privacy andprotecting your personal data. This privacy notice, together with our Termsof Use and any other documents referred to in it, informs you how wecollect and process your personal data, including through your use of ourwebsite, regardless of where you visit it from. This privacy notice also tellsyou about your privacy rights and how the law protects you.

Controllers

The company Qualia Consulting Luxembourg S.à r.l.(incorporated in Luxembourg with registration number B191.272), with registeredoffices at 21, rue Glesener L-1631 Luxembourg (Luxembourg), is data controller (i.e.the organisation which determines why and how to process personal data), withinthe meaning of and in accordance with applicable data protection laws,including but not limited to, the European General Data Protection Regulation2016/679 of 27 April 2016 on the protection of natural persons with regard tothe processing of personal data and on the free movement of such data (the « GDPR »), and covers two brands: QualiaConsulting and Be Mindful.

This privacy notice is issued on behalf of Qualia ConsultingLuxembourg S.à r.l., so when we mention «Qualia», «we»,«us» or «our» in this privacy notice, we are referring toQualia Consulting Luxembourg S.à r.l. as data controller for your personal data.

Concerned data subjects

Under the GDPR, data subjects mean natural persons whosepersonal data is being processed. For the purpose of this Privacy Policy, datasubjects on whom Qualia collects and processes personal data may include, butare not limited to, the following categories of individuals:

  • Clients (being individuals) or representatives, employees andcontact persons related to companies being clients;
  • Candidates to assessments centers, coaching sessions, or any otherservice provided by Qualia;
  • Representatives, employees, contact persons and any otherindividuals related to Qualia’s service providers and commercial partners;
  • Visitors of our website;
  • Any other individual having or who had interactions with Qualia.

Individuals under an employment, student or trainee contractwith Qualia, job applicants and individual consultants do not fall within thescope of this Privacy Policy and are covered under Qualia’s internal HumanResources Privacy Policy.

Who we are and what we do

Qualia Consulting is a human resources andleadership consulting company located in Luxembourg. For more information,visit www.qualia.lu

Be Mindful delivers mindfulness-basedleadership development programs, mindfulness initiation workshop and the MBSRProgram. For more information, visit www.bemindful.lu.

Contact details

If you have any questionsabout this privacy notice, including any requests to exercise your legalrights, please contact Qualia Consulting using the details set out below:

Full name of legal entity:Qualia Consulting Luxembourg S.à r.l.

Names of data privacycontacts: Séverine Barbette

Email address: dpo@qualia.lu
Postal address: 21, rue Glesener L-1631 Luxembourg

Informing us of changes

It is important that the personal data we hold about you areaccurate and updated. Please keep us informed if your personal data changesduring your relationship with us.

Third-party links

Our website may include links to third-party websites,plug-ins and applications. Clicking on those links or enabling thoseconnections may allow third parties to collect or share data about you. We donot control these third-party websites and are not responsible for theirprivacy statements. When you leave our website, we encourage you to read theprivacy notice of every website you visit.

2. THE DATA WE MAY COLLECTABOUT YOU

Personaldata, or personal information, means any information about an individual fromwhich that person can be identified. It does not include anonymised data.

We may collect, use, store and transfer different kinds ofpersonal data about you depending on the relationship we have with you. Weprocess the following categories of personal data:

  • Identity Data may include your first name,maiden name, last name, username or similar identifier, marital status, title,job title, date of birth, gender.
  • Contact Data may include your billingaddress, delivery address, email address, telephone numbers, job title.
  • Financial Data may include bank account andother payment related information.
  • Technical Data may include your internet protocol (IP) address, your logindata, browser type and version, time zone setting and location, browser plug-intypes and versions, operating system and platform and other technology on thedevices you use to access our website.
  • Profile Data may include your username and password,your interests, preferences, feedback and survey responses.
  • Usage Data may include information about how you use our website,products and services.
  • Marketing and Communications Data may include a record of yourpreferences in receiving marketing from us and your communication preferences.
  • Health and Psychological Data may include your IdentityData, Contact Data, and whether or not you have or have had health problemsrequesting a psychotherapy like addictions, depression, burn out,schizophrenia, deficit of attention, post-traumatic disorders, dissociations,panic attacks, hallucinations etc. We also may collect information about foodand sleep habits, current medication, past surgeries and family context.
  • Career Data may include your CV, a link to your Linkedin Profile, asummary of your main career steps, questions about your career and motivationaldrivers (Skills Assessment etc.).
  • Personality Data may include motivational and personality questionnairesreports, reasoning ability tests reports, Assessment and Development Centerreports, 360° feedback reports, Interview reports etc.
  • Contextual Data may include all the notes that our coaches or consultantsmight take during individual sessions (coaching, career counseling, skillsassessments etc.). These notes mayinclude information about your family, work, health, social, emotional,psychological context.
  • Other Special Categories of Personal Data may include details that you voluntarilyshare with us about your race or ethnicity, religious or philosophical beliefs,sex life, sexual orientation, political opinions, trade union membership.
  • Cookies. A cookie is a small text file stored on the hard driveof your computer or in your browser memory when you visit our website. Thisfile asks permission to be placed on your device. Once you agree (or yourbrowser agrees automatically if it is set it up in that way), this file isadded in your device. Qualia uses cookies that may contain personal data as thecase may be. Use of cookies helps us to make our website usable, as well as toimprove our website and to deliver a better and more personalized service byenabling us to, for example: (i) make statistics, estimate our audience sizeand usage patterns; (ii) store information about your preferences, allowing usto customize our website according to your individual interests; and (iii)recognize you when you return to our website and know what parts of the websiteyou visit, your preferences and what is most relevant to you.We use the following types of cookies on ourwebsite:
    • Necessarycookies. Which help make our website usable by enabling basic functions likepage navigation and access to secure areas of our website (e.g. these preserveyour user states across page requests or store your user’s cookie consent statefor the website);
    • Preferencescookies. Which help us remember some of your preferences such as the languageused on the website;
    • Statisticscookies. Which help us to understand how you interact with the website (e.g.these enable us to identify that the same person is moving from page to pageand also enable us to offer you an enhanced user experience when you return toour website). We store and collect a unique ID to track your session from pageto page via session cookies.
  • Most browsers are initially set up to acceptcookies. However, you can reset your browser to refuse all cookies or indicatewhen a cookie is being sent. You will need to consult the help area of yourbrowser application for instructions. If you choose to disable your cookiessetting or refuse to accept a cookie, some parts of our website will notfunction properly or may be considerably slower. Unless you have adjusted yourbrowser setting so that it will refuse cookies, your system will continue toaccept cookies when you direct your browser to our website. Accepting cookiesmeans that you permit communication between your computer and our website asdescribed in this section.

    We also use cookies implemented by third partiessuch as:

    You are free to consent or not to the use of thesethird-party cookies through a banner that will appear on your screen.

    For more information on the privacy practices ofthe above third parties, please refer to the respective privacy policies ofthese third parties accessible on their websites.

We mayalso collect, use and share Aggregated Data such as statisticalor demographic data for any purpose. Aggregated Data may be derived from yourpersonal data but is not considered personal data in law as this data does notdirectly or indirectly reveal your identity. For example, we may aggregate yourUsage Data to calculate the percentage of users accessing a specific websitefeature. However, if we combine or connect Aggregated Data with your personaldata so that it can directly or indirectly identify you, we treat the combineddata as personal data which will be used in accordance with this privacynotice.

Sometypes of personal data are considered under the GDPR as special categories ofdata or « sensitive » personal data. This includes personal data listed aboveunder the categories « Health and Psychological Data » and « Other SpecialCategories of Personal Data ». For these categories of personal data, we willalways collect your prior consent before processing the data. Where we haverelied on such consent to process your personal information, you always havethe right to withdraw consent at any time. However, in this case, we may haveto cancel a product or service you have with us, but we will notify you if thisis the case at the time.

Where we need to collect personal data bylaw, or under the terms of a contract we have with you and you fail to providethat data when requested, we may not be able to perform the contract we have orare trying to enter into with you (for example, to provide you with goods orservices). In this case, we may have to cancel a product or service you havewith us, but we will notify you if this is the case at the time.

3. HOW WE COLLECT YOUR PERSONAL DATA

We collect data about you through a varietyof different methods, including:

Direct interactions.

You may provide data by filling in forms onour site (or otherwise) or by communicating with us by post, phone, email, worksessions, assessments and coaching sessions or otherwise, including when you:

  • apply for or enquire about our products orservices;
  • enter into any agreement with us;
  • participate to one of our Assessment Center,coaching session, career counselling, training, or any other service providedby Qualia.;
  • create an account on our Website or contactus through our website;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey;
  • give us some feedback; or
  • log-in to a secure area of our Website(Learning Square or Candidate Area);
  • otherwise meet or interact with somebody fromour team and exchange contact details.

Employer interactions.

We may receive personal data from youremployer (being our client) via the HR dept., Learning &Development department, Talent Management department, team leaders or peoplemanagers, administrative and coordination staff etc., when we:

  • prepare and coordinate projects, sendinvitations, send meeting requests;
  • send preparation work and post work materialin the context of trainings;
  • prepare attendance lists for trainings,coachings, workshops and other events;
  • send tests and questionnaires;
  • send evaluation forms;
  • log-in to a secure area of our Website(Learning Square or Candidate Area).

Automated technologies or interactions: As you use our Website, we mayautomatically collect Technical Data about your equipment, browsing actions andpatterns. We collect this personal data by using cookies, server logs and othersimilar technologies. Please see our section above related to Cookies forfurther details.

Third parties or publicly available sources: We may receive personal data about you fromvarious third parties and public sources as set out below:

  • Technical Data from the following sources:
    (a)analytics, advertising or search information providers such as Googlebased outside the EU;
    (b)advertising networks such as Google Ads based outside of the EU;
  • Identity and Contact Data from publiclyavailable sources such as Editus in Luxembourg, Linkedin profile, etc.Please contact us if you have any questionsregarding the source of your personal data or would like more detail than isset out in this privacy notice.

4. HOW WE USE YOUR PERSONAL DATA

We willonly use your personal data when legally permitted. The most common uses ofyour personal data are:

  • Performanceof contract – we process yourpersonal data where it is necessary for the performance of a contract to whichyou are a party or to take steps at your request before entering into such acontract.
  • Complywith a legal or regulatory obligation – we process your personal data where it is necessary forcompliance with a legal or regulatory obligation that we are subject to.
  • Legitimateinterest – we process yourpersonal data where it is in the interest of our business in conducting andmanaging our business to enable us to give you the best service/product and thebest and most secure experience.
  • Consent – you have given your consentto the processing of your sensitive personal data for the specific purposesdescribed below.

You have the right to

Purposes for which we willuse your personal data

We have set out below adescription of all the ways we intend to use your personal data and the legalgrounds on which we will process such data. We have also identified what ourlegitimate interests are, where relevant.

We may process your personaldata for more than one lawful ground, depending on the specific purpose forwhich we are using your data. Please contact us at dpo@qualia.lu ifyou need details about the specific legal ground we are relying on to processyour personal data where more than one ground has been set out in the tablebelow.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer, candidate (assessment and development centres, tests and questionnaires) or participants (trainings, coachings, skills assessments, workshops) (a) Identity
(b) Contact
(a-b) Performance of a contract with you or a third party (e.g. your employer)
To process and deliver Individual Coachings, Skills Assessments, Career counselling (a) Identity
(b) Contact
(c) Financial*
(d) Career
(e) Personality
(f) Contextual
(g) Profile
(h) Usage
(i) Health and Psychological Data
(j) Other Special Categories of Personal Data
(a-b) Performance of a contract with you or a third party (e.g. your employer)
(c) Necessary for our legitimate interests (to recover debts owed to us) * Applicable if you contract directly with us
(d-e-f) Performance of a contract with you or a third party (e.g. your employer)
(f) Necessary for our legitimate interests (notably to be able to enforce or defend our legal and contractual rights or to defend our interests in case of legal proceedings)
(g-h) Performance of a contract with you (notably to enable you to access Learning Square and the Candidate Area on our Website) or a third party (e.g. your employer) and necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
(i-j) Consent
To process and deliver Assessment and Development Centers (incl. feedbacks), tests and questionnaires, 360° feedback etc. (a) Identity
(b) Contact
(c) Career
(d) Personality
(e) Contextual
(f) Profile
(g) Usage
(h) Health and Psychological Data
(i) Other Special Categories of Personal Data
(a-b) Performance of a contract with you or a third party (e.g. your employer)
(c-d-e) Performance of a contract with you or a third party (e.g. your employer)
(f) Necessary for our legitimate interests (notably to be able to enforce or defend our legal and contractual rights or to defend our interests in case of legal proceedings)
(g) Performance of a contract with you (notably to enable you to access Learning Square and the Candidate Area on our Website) or a third party (e.g. your employer) and necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
(h-i-) Consent
To process and deliver Trainings, workshops, Team Buildings, Team Events, Team Coaching etc. (a) Identity
(b) Contact
(c) Personality
(d) Health and Psychological Data
(e) Other Special Categories of Personal Data
(a-b) Performance of a contract with you or a third party (e.g. your employer)
(c) Performance of a contract with you or a third party (e.g. your employer)
(d-e) Consent
To process and deliver Mindfulness Based sessions and trainings (a) Identity
(b) Contact
(c) Financial
(d) Health and Psychological Data
(e) Contextual
(f) Other Special Categories of Personal Data
(a-b) Performance of a contract with you or a third party (e.g. your employer)
(c) Necessary for our legitimate interests (to recover debts owed to us)
(d-e-f) consent (health data), Performance of a contract with you or a third party (e.g. your employer) and necessary for our legitimate interests (this type of data is notably required to identify any potential contraindications to the meditation practice)
To process and deliver HR Consulting (Performance Management, Competency profiling, Interim management, design of HR processes etc.) (a) Identity
(b) Contact
(a-b)Performance of a contract with you

 

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
(d) your consent, performance of a contract with you and/or necessary for our legitimate interests (to keep you updated re. our products/services, send you offers, invitations etc.)
To enable you to partake in a prize draw, competition or complete a survey (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a-d) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
(e) your consent and/or necessary for our legitimate interests (to keep you updated re. our products/services, send you offers, invitations etc.)
To administer and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary to comply with a legal obligation
(b-c) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of our advertising (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
(a-f) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

(e) Consent

To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage
(a-b) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(a-e) Necessary for our legitimate interests (to develop our products/services and grow our business)
To enter into a business relationship with you to provide you with services and/or goods, or to receive any services and/or goods from you (a) Identity
(b) Contact
(c) Financial
(d) Know Your Customer
(e) Marketing and Communications
(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to provide or to receive goods and/or services)

(d) Necessary to comply with a legal obligation

(e) your consent and/or necessary for our legitimate interests (to keep you updated re. our products/services, send you offers, invitations etc.)

To manage our customer, intermediary and other business relationships (a) Identity
(b) Contact
(c) Financial
(d) Marketing and Communications
(a-d) Necessary for our legitimate interests (to seek to ensure our business is conducted and managed appropriately, efficiently and with a view to enhancing client service and/or the service being received by us)
To meet all legal, regulatory and ethical obligations applicable to Qualia Consulting (a) Identity
(b) Contact
(c) Financial
(d) Health
(e) Career
(f) Contextual
(g) Marketing and Communications
(a-g) Necessary to comply with a legal or regulatory obligation, necessary for our legitimate interests (to ensure we meet all ethical obligations incumbent on us)

Marketing communications

We may use your Identity, Contact, Technical, Usage andProfile Data to form a view on what we think you may want or need, or what maybe of interest to you. This is how we decide which products, services andoffers may be relevant for you (we call this marketing). You will only receivemarketing communications from us if you have given us your prior consent or if youare a client of Qualia and have purchased goods or services from us.You willalways be given the possibility to opt out from communications you receivedand/or to withdraw your consent.

Change of purpose

We will only use your personal data for the purposes forwhich we collected it, unless we reasonably consider that we need to use it foranother reason and that reason is compatible with the original purpose. If youwish to get an explanation in any particular circumstance, please email us at dpo@qualia.lu

If weneed to use your personal data for a purpose unrelated to the purpose for whichwe collected the data, we will notify you and we will explain the legal groundof processing.

5. DISCLOSURES OF YOURPERSONAL DATA

We may have to share yourpersonal data with the parties set out below for the purposes set out in thecontract we have with you or in paragraph 4 above.

  • Service providers who provide IT and system administrationservices.
  • Service providers who provide personality and motivationalquestionnaires, ability tests, 360° feedback providers: AssessFirst, TowersWatson Software Limited/Saville, SHL, Insights Discovery, OPP (non exhaustivelist).
  • Professionaladvisers, including (but not limited to) lawyers, bankers, auditors,accountants, notaries, insurers and other consultants, business partners,suppliers and subcontractors acting as processors or controllers, in each case,based in Luxembourg or another EU country, purchasers or sellers of our assetsand entities linked to Qualia, if any;
  • Youremployer or future employer or any person we have a contract with and that hasrequested, with your knowledge, that we perform services involving you such asskills assessments, training, coaching, etc.;
  • To meetlegal and regulatory obligations, we may also share these personal data withpublic organisations, administrative, judiciary or legal authorities andsupervisory bodies.

We require all third parties to respect thesecurity of your personal data and to treat it in accordance with the law. Wedo not knowingly permit our third-party service providers to use your personaldata for their own purposes and only permit them to process your personal datafor specified purposes and in accordance with our instructions.

7. DATA SECURITY

We haveput in place appropriate security measures to prevent your personal data frombeing accidentally lost, used or accessed in an unauthorised way, altered ordisclosed. In addition, we limit access to your personaldata to those members of staff, agents, contractors and other third parties whohave a business need to know. They will only process your personal data on ourinstructions and they are subject to a duty of confidentiality.

We haveput in place procedures to deal with any suspected personal data breach andwill notify you and any applicable regulator of a breach where we are legallyrequired to do so.

8. DATA RETENTION

We willonly retain your personal data for as long as necessary to fulfil the purposeswe collected it for, including for the purposes of satisfying any legal,accounting, or reporting requirements.

Todetermine the appropriate retention period for personal data, we consider theamount, nature, and sensitivity of the personal data, the potential risk ofharm from unauthorised use or disclosure of your personal data, the purposesfor which we process your personal data and whether we can achieve thosepurposes through other means, and the applicable legal requirements.

Please contact us at dpo@qualia.lu if you needdetails about the specific legal ground we are relying on to assess theappropriate retention period for your personal data where more than one ground hasbeen set out in the table below.In somecircumstances we may anonymise your personal data (so that it can no longer beassociated with you) for research or statistical purposes in which case we mayuse this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

You may be entitled under the applicable dataprotection laws to the following rights in respect of your personal data:

  • Request access to your personal data (commonly known as a »data subject access request »). This enables you to receive a copy ofthe personal data we hold about you and to check that we are lawfullyprocessing it.
  • Request correction of the personal datathat we hold about you. This enables you to have any incomplete or inaccuratedata we hold about you corrected, though we may need to verify the accuracy ofthe new data you provide to us.
  • Request erasure of your personal data. This enables you toask us to delete or remove personal data where there is no legitimate reasonfor us continuing to process it. You also have the right to ask us to delete orremove your personal data where you have successfully exercised your right toobject to processing (see below), where we may have processed your informationunlawfully or where we are required to erase your personal data to comply withlocal law. Note, however, that we may not always be able to comply with yourrequest of erasure for specific legal reasons which will be notified to you, ifapplicable, at the time of your request.
  • Objectto processing of your personaldata where we are relying on a legitimate interest (or those of a third party)and there is something about your particular situation which makes you want toobject to processing on this ground as you feel it impacts on your fundamental rightsand freedoms. You also have the right to object where we are processing yourpersonal data for direct marketing purposes. In some cases, we may demonstratethat we have compelling legitimate grounds to process your information whichoverride your rights and freedoms.
  • Request restriction of processing of yourpersonal data. This enables you to ask us to suspend the processing of yourpersonal data in the following scenarios: (a) if you want us to establish thedata’s accuracy; (b) where our use of the data is unlawful but you do not wantus to erase it; (c) where you need us to hold the data even if we no longerrequire it as you need it to establish, exercise or defend legal claims; or (d)you have objected to our use of your data but we need to verify whether we haveoverriding legitimate grounds to use it.
  • Request the transfer of your personaldata to you or to a third party. We will provide to you, or a third party youhave chosen, your personal data in a structured, commonly used,machine-readable format. Note that this right only applies to automatedinformation which you initially provided consent for us to use or where we usedthe information to perform a contract with you.
  • Withdraw consent at any time where weare relying on consent to process your personal data. However, this will notaffect the lawfulness of any processing carried out before you withdraw yourconsent. If you withdraw your consent, we may not be able to provide certainproducts or services to you. We will advise you if this is the case at the timeyou withdraw your consent.

If youwish to exercise any of the rights set out above, please email us at dpo@qualia.lu. We may provide additional ways for you toexercise your rights from time to time.

You will not have to pay a fee to access your personal data(or to exercise any of the other rights). However, we may charge a reasonablefee if your request is clearly unfounded, repetitive or excessive.Alternatively, we may refuse to comply with your request in these circumstances.

You also have the right to make acomplaint at any time to the supervisory authority in your country ofresidence. InLuxembourg, this is the CNPD (Commission Nationale pour la Protection desDonnées).

The Commission Nationale pour la Protection desDonnées can be contacted as follows:

Telephone: (+352) 26 10 60 -1

  • Website:https://cnpd.public.lu/en.html
  • Web-form:https://cnpd.public.lu/en/particuliers/faire-valoir/formulaire-plainte.html
  • Address: 1, avenue du Rock’n’Roll, L-4361Esch-sur-Alzette

We would, however, appreciate the chance to deal with your concernsbefore you approach any supervisory authority, so please contact us in thefirst instance.

What we may need from you

We may need to request specific information from you to helpus confirm your identity and ensure your right to access your personal data (orto exercise any of your other rights). This is a security measure to ensurethat personal data is not disclosed to any person who has no right to receiveit. We may also contact you to ask you for further information in relation toyour request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within onemonth. Occasionally it may take us longer than a month if your request isparticularly complex or you have made a number of requests. In this case, wewill notify you and keep you updated.

10.CHANGES TO THIS NOTICE

Any changes we may make tothis privacy notice in the future will be posted on this page and, whereappropriate, notified to you by email. Please check back frequently to see anyupdates or changes to our privacy notice.

Last updated: Date January2020