Qubit Privacy Shield Notice

Qubit Privacy Shield Notice

Effective Date: August 16, 2016

Qubit, Inc. (“Qubit”) complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Qubit has certified to the Department of Commerce that it adheres to the Privacy Shield Principles (the “Principles”). All personal data that Qubit receives from the European Economic Area ("EEA") in reliance on Privacy Shield is subject to the Principles. If there is any conflict between the terms in this Notice and the Principles, the Principles shall govern.

To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

The types of information collected and how it is processed

Qubit collects personal data about EEA personnel that customers and their authorized users either enter into Qubit’s cloud-based product solutions (the “Products”), or provide to Qubit under an agreement for professional services (collectively, “Collected Personal Data”). Qubit acts as a data processor with respect to all Collected Personal Data.

Qubit processes Collected Personal Data to provide and support the Products. Qubit processes Collected Personal Data strictly in accordance with its customers’ instructions from time to time, and does not control or own the Collected Personal Data it processes.

Commitment to the Privacy Shield Principles

Qubit subjects to the Principles all Collected Personal Data that it receives from the EEA in reliance on the Privacy Shield. Qubit also receives some data in reliance on other compliance mechanisms, which includes data processing agreements based on the EU Standard Contractual Clauses.

Right to access

Where Qubit is a data processor, individuals who seek access or who seek to correct, amend or delete inaccurate Collected Personal Data, should contact the Qubit customer (the data controller). If the customer requests Qubit remove the Collected Personal Data to comply with data protection regulations, Qubit will respond to the customer’s request within 30 days or such shorter period as may be specified in the customer agreement.

Choices and means

Qubit retains Collected Personal Data according to the timeframes set forth in the relevant customer agreement. Individuals who would like to request that their personal data not be used for specific purposes or disclosed should contact the Qubit customer (the data controller).

Third party disclosures

As a data processor, Qubit will disclose Collected Personal Data only as instructed by the data controller or otherwise as permitted by the applicable customer agreement. Collected Personal Data may also be disclosed in the event that Qubit goes through a business transition, such as a merger, acquisition by another company or sale of all or a portion of its assets.

In addition Qubit may be required to disclose Collected Personal Data to conform to legal requirements or in response to a subpoena, court order or other governmental request. Qubit will notify the applicable data controller of any such request unless prohibited by law.

Investigation, dispute resolution and enforcement

Qubit is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission and any other statutory body empowered to enforce compliance with the Principles. Qubit also is committed to cooperating with the European Data Protection Authorities (“DPAs”).

In compliance with the Privacy Shield Principles, Qubit commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our privacy practices should first contact Qubit at: info@qubit.com.

If you are located in the EEA and Qubit has not been able to satisfactorily resolve your question or complaint regarding its privacy practices, you may raise your concern to the attention of your local DPA. Qubit will comply with the advice given by DPAs and take necessary steps to remedy any non-compliance with the Principles.

If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may seek resolution via binding arbitration. Qubit is registered with JAMS as its alternative dispute resolution (“ADR”) provider based in the US. Accordingly, JAMS is the independent dispute resolution body designated by Qubit to address complaints and provide appropriate recourse without cost to the individual. Please use the JAMS complaint form found here. The services of JAMS are provided at no cost to you. As a last resort, privacy complaints that remain unresolved after pursuing these and other channels may be subject to binding arbitration before the Privacy Shield Panel as described in the Privacy Shield Agreement, Annex I, to be created jointly by the US Department of Commerce and the European Commission.

For additional information about the arbitration process please visit the Privacy Shield website: www.privacyshield.gov.

Liability for onward transfers

Qubit shall ensure that a contract is in place between it and any entity that participates in an onward transfer. Any such contract will provide adequate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and will take into account the nature of data processing and assist with resolution of individuals exercising their rights under the Privacy Shield and its Principles.

If any third party processes Collected Personal Data on Qubit’s behalf in a manner inconsistent with the Principles, Qubit will be liable unless we can prove that we are not responsible for the event giving rise to the damages.

Contact us

Qubit has appointed a Data Privacy Officer responsible for overseeing the implementation of the privacy program at Qubit. If you have further questions related to this Notice, please ask contact our customer support team or email info@qubit.com. Alternatively, you may contact us by regular mail addressed to: Qubit, Inc. Attn: Legal Counsel 9th Floor, 28E 28th Street, New York, United States.

You can also contact our EEA-based subsidiary, Qubit Digital Limited, by regular mail addressed to: Qubit Digital Limited Attn: Legal Counsel 35 King Street, Covent Garden, London, WC2E 8JG United Kingdom.

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