(Last Reviewed: July 2023)

Quantum Bodies Pty Ltd (ACN 659 291 862) (together with all its related entities) (Quantum) is committed to the protection of your personal information.

Quantum trades under the name Quantum Bodies and from www.quantumbod.com or such other websites which it may own or operate from time to time (Site).

Quantum understands the importance of keeping your personal information private and secure. Quantum has developed this policy (Privacy Policy) to explain generally when and how it collects personal information and how it uses, processes, manages, discloses and secures that personal information.

This Privacy Policy forms part of and should be read together with Quantum’s Website Terms of Use and Sales Terms and Conditions which are also available on the Site (collectively Related Terms).

The Australian Privacy Principles

Personal Information is information which reasonably allows someone to identify you.

Quantum will treat all personal information in accordance with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) and Privacy Act 1993 (NZ), including the 13 key principles in relation to the collection and treatment of personal information called the “Australian Privacy Principles”.

Consent

You accept and agree to the terms of this Privacy Policy (and any updated or replacement posted on our Site or App) when you:

• Click “Yes” on any privacy policy pop-up on the Site or any web form referring to this Privacy Policy;
• Submit your personal information to Quantum when signing up for an user account on the Site;
• Browse the Site;
• Contact Quantum using the Contact Us form on the Site;
• Make an enquiry regarding any of Quantum’s products (Products);
• Order any of the Products.

Such consent does not supersede or replace any other consents that you may have previously given to us.

Personal information that Quantum may collect

Quantum will only collect personal information that is reasonably necessary for it to conduct its business as a provider, supplier and manufacturer of the Products.

The personal information which Quantum may collect and hold includes: your name, residential and business postal addresses, telephone/mobile/fax numbers and email addresses, bank account and/or

credit card details for agreed billing purposes, any information that you provided to us during your account creation process or which you added to your user account on the Site (if applicable), preferences and browsing behaviours, password for using the Site and your computer and connection information, and any information that you otherwise share with Quantum.

How Quantum may collect your personal information

Quantum may collect personal information that you provide to it about yourself when you use the Site, including when:

• you create a user account (if applicable);
• you add information to your user account (if applicable);
• you browse the Products, or otherwise interact with the Site;
• you purchase any Products through the Site or otherwise;
• you add reviews, forum or chat room messages or comments in any elements of the Site that permit user-generated content;
• you complete an online contact form to contact Quantum;
• you provide information to Quantum by telephone or through marketing forms;
• you send Quantum an email or other communication;
• you accept Quantum’s cookies or other tracking technologies on your device/s;
• you interact with Quantum on our social media pages and accounts on third-party platforms such as Facebook, Twitter, LinkedIn, Pinterest, YouTube and Instagram (Social Media);
• you participate in Quantum’s promotions or any request for additional personal information such as customer surveys;
• you voluntarily submit your personal information to Quantum for any reason;
• your authorised representative submits your personal information to Quantum for any purpose reasonably authorised by you;
• Quantum consults publicly available sources of information, or receives references or referrals from marketing and business partners, Quantum’s related entities and third parties;
• Quantum’s third-party service providers, business or commercial partners provide your personal information to it, which personal information was collected and processed by them and disclosed to Quantum pursuant to their separate privacy policies.

Quantum may also collect information about you in an aggregated and anonymous basis to conduct internal analysis of traffic patterns within the Site.

How Quantum may use your personal information

Quantum will never rent, sell, trade or publicly display your personal information.

Quantum may use your personal information to:

• register and update your account and contact details;
• verify your identity and other information for accuracy and completeness;
• assist you to place orders through the Site or otherwise;
• process any orders of Products that you may make, including charging, billing and collecting debts and delivering Products to you;
• remember information so that you do not have to re-enter it during your visit or during your next visit to the Site;
• respond to any queries or feedback that you may have;
• conduct appropriate checks for creditworthiness and for fraud;
• process your returns or refunds in accordance with the Related Terms;
• prevent and detect any misuse of, or fraudulent activities involving, the Site;
• monitor and enforce compliance with the Related Terms;
• conduct research and development in respect of the Products;
• monitor metrics;
• gain an understanding of your information and communication needs or obtain your feedback or views about the Products;
• maintain and develop Quantum’s business systems and infrastructure, including testing and upgrading of these systems;

and for any other purpose considered reasonably necessary or desirable by Quantum in relation to the operation of its business.

Your personal information may also be collected so that Quantum can promote and market its Products and services to you. This is to keep you informed of Products, services, news and information which Quantum reasonably believes you will find valuable. If you would prefer not to receive promotional or other material from Quantum, please let Quantum know and it will respect your request. You can unsubscribe from such communications at any time if you choose (instructions on how to do so are set out below).

When Quantum may disclose your personal information

Quantum may share your personal information with a parent company, subsidiaries, joint ventures, or other companies under a common control (Affiliates) in which case it will require our Affiliates to honour this Privacy Policy.

Quantum may also disclose your personal information to external organisations to deliver the Products you purchase or for the purposes set out above. Your personal information may be disclosed to these organisations only in relation to the Site, and Quantum will take all reasonable steps to ensure that these organisations are bound by confidentiality, privacy and security obligations in relation your personal information.

These organisations may carry out or provide:

• customer enquiries;
• facilitate the creation of accounts;
• mailing systems;
• billing and debt-recovery functions;
• information technology services;
• conduct quality assurance testing;
• marketing, telemarketing and sales services;
• market research;
• payment clearing and processing services (e.g. our nominated payment gateway provider);
• site usage analysis; and
• technical or other business support.

Quantum may also disclose your personal information to:

• your authorised representatives or legal advisers (at your request);
• credit-reporting and fraud-checking agencies;
• credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
• Quantum’s professional advisers, including its accountants, auditors and lawyers;
• government and regulatory authorities and other organisations, as required or authorised by law;
• protect or defend Quantum’s rights or property or that of other users of the Site;
• investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or the Related Terms;
• protect the safety of any person or to protect the safety, security or integrity of the Site;
• detect, prevent or otherwise address fraud, security or technical issues;
• organisations who manage Quantum’s business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing Quantum’s business risk and funding functions; and
• the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Quantum may also use or disclose your personal information for secondary purposes in accordance with any applicable laws, or with your further consent.

Access to your personal information

You may have access to the personal information that Quantum holds about you at any time by submitting a request for access to or a copy of your personal information via the Contact Us form.

Quantum will handle requests for access to your personal information in accordance with the Australian Privacy Principles and will do its best to respond to access requests within 30 days. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. Quantum may charge you a fee for access if a cost is incurred by to retrieve your information, and Quantum may charge you a reasonable fee for the handling and processing of your personal information request, if permitted under applicable laws.

In some cases, Quantum may refuse to give you access to personal information that it holds about you. This includes circumstances where giving you access would:

• be unlawful;
• have an unreasonable impact on another person’s privacy or other legitimate rights; or
• prejudice an investigation of unlawful activity;
• constitute a burden or expense disproportionate to the risks to your privacy;
• be based on a request that is clearly excessive or unfounded; or
• comprise Quantum’s proprietary business information.

Quantum may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

If Quantum refuses to give you access, it will provide you with reasons for that refusal.

Managing your personal information

You should ensure that all personal information you submit to Quantum is complete, accurate, up-to-date and correct. If you do not do so, Quantum may not be able to provide you with the Products you have requested. Quantum will not be responsible for relying on inaccurate or incomplete personal information if you have not kept Quantum updated.

Quantum will make reasonable efforts to ensure personal information likely to be used by it or disclosed by it to another organisation is accurate, up-to-date and correct.

Correcting your personal information

You may correct your personal information at any time by submitting a written request via the Contact Us form. Quantum may need to first request additional information from you to confirm your identity before providing access or making the requested corrections. Quantum will do its best to respond to personal information correction requests as quickly as possible.

Storing and securing your personal information

Quantum is committed to maintaining the security and confidentiality of the personal information that you provide to it. Quantum will take all reasonable precautions to protect your personal information from unauthorised use, interference, alteration, loss or disclosure. Quantum may store personal information both electronically (on its computer systems and with its website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect Quantum’s electronic information. Likewise, Quantum takes all reasonable measures to ensure the security of hard-copy information.

Deleting your account and withdrawing your consent

You may withdraw your consent at any time by making a request through the Contact Us form. Quantum will process your request within a reasonable time after receiving it.

Once Quantum has processed your request, it will no longer collect, use and/or disclose your personal information, except to the extent that it retains your personal information for fraud, product recall, compliance, regulatory or other legal purposes.

Note: If you withdraw your consent for Quantum to use and process your personal information, Quantum may no longer be able to provide you with its products and any related products, services or associated benefits.

Retaining and destroying personal information

Quantum will only keep your personal information for as long as is necessary for the purpose for which it was collected, subject to satisfying any applicable legal, accounting or reporting requirements. At the end of any retention period, your personal information will either be deleted completely or anonymised (e.g. by aggregation with other data so that it can only be used in a non-identifiable way for statistical analysis and business planning).

In some instances, you may ask Quantum to delete your personal information. Please submit all requests in that regard through our Contact Us form.

Data Breaches

Quantum takes data breaches very seriously.

If there is a data breach, Quantum will take all reasonable steps to contain the suspected or known breach. Quantum will take immediate steps to limit any further access or distribution, where reasonably possible.

If Quantum reasonably determines that the data breach is not likely to result in serious harm to any individuals involved or any remedial action is successful in making serious harm no longer likely, then no notification or statement will be made.

Marketing Messages

If you have authorised Quantum to do so, it may send you marketing messages via email or SMS to keep you update to date on news regarding Quantum and/or the Products.

You may withdraw your consent for this by clicking on the ‘Unsubscribe’ or ‘Update your preferences’ link in an email from Quantum or by submitting a request using our Contact Us form.

Quantum will process such requests as quickly as reasonably possible and you may continue to receive marketing communications until this requested is actioned.

Please note that it is not possible to unsubscribe from non-promotional (transactional) communications relating to your orders or the operation of your user account (if applicable).

IP addresses

The Site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. Quantum may collect and manage IP addresses as part of the service of providing internet session management and for security purposes. Quantum may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, the Site.

Cookies

To help personalise your online experience, the Site uses Cookies and Tracking Technologies (such as eTags, pixels, web beacons/GIFs, local storage or other identifiers on your device and browser

settings). A Cookie is a small text file that is sent to your browser by a web page server to identify and interact more effectively with your computer. Without Cookies, using the web, including the Site, would be a much more frustrating experience. Quantum may use them to make your experience on the Site more convenient and personal.

Cookies cannot be used to run programs. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. In some cases, Cookies may collect and store personal information about you. Quantum applies the same privacy protection to your personal information, whether gathered via Cookies or from other sources.

You can configure your internet browser to accept all Cookies, reject all Cookies or notify you when a Cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept Cookies, but you can usually modify your browser settings to decline Cookies if you prefer.

However, if you choose to decline or disable Cookies, you may not be able to fully experience the interactive features of the Site.

Why Quantum uses Cookies

The Site may use Cookies to:

• remember your preferences for using the Site;
• manage the signup process when you create an account with Quantum (if applicable);
• recognise you as logged in (if applicable) while you remain so to avoid your having to log in again every time you visit a new page;
• show relevant notifications to you (e.g. notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
• remember details of data that you choose to submit to Quantum.

Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.

Third party websites

If you click-through to third party websites from the Site, you will leave the Site and go to another site and another entity may collect your personal information. This Privacy Policy applies to Quantum’s Site only. Quantum has no control over, does not review, and is not responsible for these outside sites or their content. Quantum strongly recommends that you refer to the privacy policy statement of any other sites you visit.

Transmission and exchange of information

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to or receive from Quantum. Although Quantum takes measures to safeguard against unauthorised disclosures of information, it cannot assure you that personal information that is collected will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Changes to this Privacy Policy

Quantum reserves the right to amend this Privacy Policy and any other terms or policies on the Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. In some cases, Quantum may notify you by adding an appropriate pop-up notification to the Site. You will also be able to determine if the Privacy Policy has been updated by checking the date on which it was last reviewed (set out on the front page).

Your continued use of the Site and/or any engagement with Quantum after that date, will mean you accept those updates.

You may only vary or amend this Privacy Policy by written agreement with Quantum.

Governing Law

This Privacy Policy and your use of the Site shall be governed in all respects by the laws of Australia.

Contacting us about privacy

If you would like more information about the way Quantum manages your personal information or about this Privacy Policy, or if you have a complaint regarding our collection, use or handling of your personal information, or a question about how we are complying with Applicable Laws, you may contact us via the Contact Us form.

If you would like any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Australian Information Commissioner and Privacy Commissioner’s website (see https://www.oaic.gov.au/).