Be Mindful by Qualia Focus on what matters

QUALIA CONSULTING

PRIVACY NOTICE

1. IMPORTANT INFORMATION AND WHO WE ARE

Qualia Consulting is committed to respecting your privacy and protecting your personal data. This privacy notice, together with our Terms of Use and any other documents referred to in it, informs you how we collect and process your personal data, including through your use of our website, regardless of where you visit it from. This privacy notice also tells you about your privacy rights and how the law protects you.

Our website is not intended for children and we do not knowingly collect data relating to children.

Controllers

The company Qualia Consulting Luxembourg S.à r.l. (incorporated in Luxembourg with registration number B191.272), with registered offices at 11, Rue Dr Jos Peffer, 1923 Howald (Luxembourg), is data controller and covers two brands: Qualia Consulting and Be Mindful.

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

Who we are and what we do

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

Be Mindful delivers mindfulness based leadership development programs, mindfulness initiation workshop and the MBSR Program. For more information, visit www.bemindful.lu.

Contact details

If you have any questions about this privacy notice, including any requests to exercise your legal rights, 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 privacy contacts: Séverine Barbette & Stephanie Dadoun

Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.
Postal address: 11, Rue Docteur Jos Peffer - 1923 Howald

You have the right to make a complaint at any time to the supervisory authority in your country of residence. In Luxembourg, this is the CNPD (Commission Nationale pour la Protection des Données). We would, however, appreciate the chance to deal with your concerns before you approach any supervisory authority, so please contact us in the first instance.

Informing us of changes

It is important that the personal data we hold about you are accurate and updated. Please keep us informed if your personal data changes during 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 those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE MAY COLLECT ABOUT YOU

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

We may collect, use, store and transfer different kinds of personal data about you depending on the relationship we have with you. We process 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 billing address, delivery address, email address, telephone numbers, job title.
Financial Data may include bank account and other payment related information.
Technical Data may include your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices 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 your preferences in receiving marketing from us and our third parties and your communication preferences.
Health Data may include your Identity Data, Contact Data, and whether or not you have or have had health problems requesting 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 food and sleep habits, current medication, past surgeries and family context.
Career Data may include your CV, a link to your linkedin Profile, a summary of your main career steps, questions about your career and motivational drivers (Skills Assessment etc.).
Personality Data may include motivational and personality questionnaires reports, reasoning ability tests reports, Assessment and Development Center reports, 360° feedback reports, Interview reports etc.
Contextual Data may include all the notes that our coaches or consultants might take during individual sessions (coaching, career counseling, skills assessments etc.). These notes may include information about your family, work, health, social, emotional, psychological context.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

When you enter into a contract with us, depending on the service requested by you, you consent to us processing Health Data. Where we have relied on consent to process your personal information, you have the right to withdraw consent at any time. However, in this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time. We do not collect any Other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information genetic and biometric data).

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with 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 variety of different methods, including:

Direct interactions.

You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email, work sessions, or otherwise, including when you:

apply for or enquire about our products or services;
enter into any agreement with us;
create an account on 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).

Employer interactions.

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

prepare and coordinate projects, send invitations, send meeting requests;
send preparation work and post work material in 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 may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.

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

Technical Data from the following sources:
(a) analytics, advertising or search information providers such as Google based outside the EU;
(b) advertising networks such as Google Ads based outside of the EU;
Identity and Contact Data from publicly available sources such as Editus in Luxembourg.

Please contact us if you have any questions regarding the source of your personal data or would like more detail than is set out in this privacy notice.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when legally permitted. The most common uses of your personal data are:

Performance of contract - we process your personal data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation - we process your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Legitimate interest - we process your personal data where it is in the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation Health Data or to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at info@qualia.lu.

Purposes for which we will use your personal data

We have set out below a description of all the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also identified what our legitimate interests are, where relevant.

We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

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

To process and deliver Individual Coachings, Skills Assessments, Career counselling

(a) Identity

(b) Contact

(d) Career

(e) Personality

(f) Contextual

(g) Profile

(h) Usage

(a-b) Performance of a contract with you

(d-e-f) Performance of a contract with you

(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) 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)

To process and deliver Assessment and Development Centers (incl. feedbacks), tests and questionnaires, 360° feedback etc.

(a) Identity

(b) Contact

(d) Personality

(e) Contextual

(f) Profile

(g) Usage

(a-b) Performance of a contract with you

(c-d-e) Performance of a contract with you

(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) 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)

To process and deliver Trainings, workshops, Team Buildings, Team Events, Team Coaching etc.

(a) Identity

(b) Contact

(a-b) Performance of a contract with you

To process and deliver Mindfulness Based sessions and trainings

(a) Identity

(b) Contact

(d) Health

(e) Contextual

(a-b) Performance of a contract with you

(d-e) your consent (health data), Performance of a contract with you 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

(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

(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

(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)
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 for our legitimate interests (to ensure we meet all legal, regulatory and ethical obligations incumbent on us)

Marketing communications

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have:

requested information from us or purchased goods or services from us; or
if you provided us with your details when you entered a competition or registered for a promotion, downloaded a guide or subscribed to a newsletter; or
in each case, you have not opted out of receiving that marketing.

You will also receive marketing communications from us if you have given us your consent.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation in any particular circumstance, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..

If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

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

Service providers who provide IT and system administration services.
Service providers who provide personality and motivational questionnaires, ability tests, 360° feedback providers: AssessFirst, Towers Watson Software Limited/Saville, SHL, Insights Discovery, OPP (non exhaustive list).
Professional advisers, 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.

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

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those members of staff, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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.

8. DATA RETENTION

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

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. if you need details about the specific legal ground we are relying on to assess the appropriate retention period for your personal data where more than one ground has been set out in the table below.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

You may be entitled under the applicable data protection 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 of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no legitimate reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data 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 to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require 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 have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it.. We may provide additional ways for you to exercise 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 reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

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

Time limit to respond

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

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CHANGES TO THIS NOTICE

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

Last updated: Date July 4th, 2018.