Terms and conditions
By submitting a manuscript to Quantum, you agree with Quantum’s terms and conditions. In particular, you certify that:
- you have the permission of all co-authors and other right holders to pursue publication of the work in Quantum,
- you are not infringing on anyone’s copyright with the material contained in your work,
- you will be fully liable for any charges resulting from copyright infringement, and
- you will not submit this work to any other publishing venue unless it is terminally rejected by Quantum.
In addition, authors, referees and members of all boards of Quantum commit to follow the Code of Conduct laid out here.
The above summary is just for informative purposes. The binding terms and conditions follow.
Table of contents
1. Preamble and definitions
Access to Quantum is subject to the following terms and conditions, which constitute a contract between Quantum and any user. By engaging in any form of interaction with Quantum or its members, the user accepts these terms and conditions in full.
We denote by “Quantum” the Association for the Promotion of Open Access Publishing in Quantum Science, legally known as
Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften
Müllnergasse 26, 1090 Wien, Austria
the journal Quantum, the website quantum-journal.org, and the online system provided to organize submission and peer review of works, as well as Quantum’s social media accounts.
We denote by “user” any person accessing, using, exchanging, downloading, or submitting any type of content or information with, from and to Quantum and all services it provides, interacting with Quantum in any way, or holding or exercising any function within Quantum.
A “work” submitted to Quantum refers to the actual manuscript as publically available on arxiv.org (“the arXiv”), as well as all supporting material, such as, but not limited to, appendices, supplementary information, a popular summary, datasets, computer code, images, plots, videos or other recordings that are transmitted or made available to Quantum in order to assess the manuscript’s suitability for publication. This refers to both the manuscript and material present in the initial submission, as well as all further versions and additions of material in later resubmissions.
The “submitter” is anyone who carries out the submission of a work to Quantum for publication, either through the provided online system or via email, and who is identified by their account in the online system or name and address used in the email. In case of multiple submitters, the definition applies in full to every single one of them.
2. Code of conduct
Quantum fosters scientific integrity and ethical conduct. Consistent with the bylaws of Quantum (such as the constitution of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften), its code of conduct upholds those values, detailing the ethical guidelines and expectations for participation in Quantum. Authors, referees, editors, all board members and all other users of Quantum are expected to act at all times in accordance with the principles and standards described in this code.
In particular, the code of conduct specifies behaviour that Quantum deems unacceptable, both in interactions with Quantum and in professional life in general. This includes but is not limited to:
- Plagiarism and fabrication of data and results, including misrepresentation of contributions and authorship, selective reporting, failure to promptly correct errors, or theft of data and/or other research materials, as well as misrepresentation and overstatement of results and the omission of crucial conditions and assumptions.
- Publication (or submission for publication) of works submitted to or published in Quantum to other publishing venues, unless the work is terminally rejected by Quantum. “Other publishing venues” include other journals and conference proceedings, but exclude public pre-print servers such as the arXiv and personal or institutional websites of the authors.
- Subversion of peer review, including failure to declare conflict of interest, failure to recuse under conflict of interest, misuse of information during review, unnecessarily delaying the peer-review process, violation of the anonymity of referees, premature solicitation of press coverage, corruption and/or bribery.
- Impersonation of other persons or entities, as well as unrightfully claiming the ownership of scientific titles, professional positions, or affiliations.
- Using Quantum or any other system for the dissemination of scientific works to promote hate or discriminatory speech, or to infringe on the rights of others.
- Sharing of confidential information, such as the identity of reviewers, referee reports, and other internal correspondence to persons not involved in the peer-review process.
- Discrimination of any kind, such as on the basis of religion, disability, age, national origin, race, ethnicity, sexual orientation, gender identity, or gender expression. Discrimination includes the use of derogatory comments or slurs.
- Harassment, including bullying and intimidation, false accusations, threats and assault, as well as sexual harassment in public or in private.
- The violation of public trust, including making false or misleading statements, to media, and misrepresentation to grant and/or funding agencies.
Reporting and investigation
Quantum may learn of violations through reports from witnesses or aggrieved individuals and parties, including anonymous reports filed through the dedicated online form. For the safety of all reporters, once a report has been made, Quantum editors and board members are bound to maintain the confidentiality of the report except as explicitly requested by the reporting parties. Upon receiving a report, Quantum will progress as follows:
- The Executive Board of Quantum will name an investigator or form a small investigation body of no more than three people, each of whom must be free of conflict of interest.
- The investigator or investigating body may solicit additional information from the reporter, with the goal of reaching a tentative conclusion over the course of two weeks.
- The tentative conclusion of the investigating body will be delivered to the Steering Board, along with a suggested resolution action as described in the section below.
- If the tentative conclusion and suggested resolution action are agreed upon by the Steering Board, Quantum will inform the reporter of their decision and seek agreement before proceeding.
- The party suspected of a violation of the code of conduct will be informed of the allegations and planned resolution action and given 20 working days to respond.
- Depending on the findings, on communication from the involved parties, and consensus of the Steering Board, the resolution action may be implemented or further investigations carried out with the aim of resolving the situation.
During the reporting and investigating process, all individuals must exercise all due diligence to prevent divulging any report details beyond those strictly necessary to enact and uphold the code of conduct. In particular, if upon receiving an initial report, it is deemed the alleged infraction would not result in a penalty more severe than a formal warning, the Executive Board may decide to directly handle the report without the aid of an investigating body, provided that no conflict of interest is introduced.
Enforcement and penalties
If a Quantum user is found through the preceding process to have committed any violation of the code of conduct, Quantum may enforce the code of conduct in a number of different ways. An appropriate resolution is decided by the Steering Board, taking into account all factors, and having as a goal to improve the situation. Possible actions to enforce the code of conduct include but are not limited to:
- A formal (written) warning made to the infringing party.
- Requiring the infringing party to make a formal (written) apology.
- Reporting the infringing party to their home institutions, employers, and/or professional societies.
- Reporting the infringing party to the relevant authorities, in case of suspicion of criminal offences.
- Retraction of compromised manuscripts (based on scientific reasons).
- Refusal to consider future manuscripts from the infringing party.
- Expulsion from the Steering, Executive or Editorial Board.
3. Submission and publication of works
Works submitted to Quantum undergo the peer-review process following the Editorial Policies of Quantum. This process ends with either the acceptance of the work for publication, or the terminal rejection of the work.
Responsibilities of the submitter
By submitting a work to Quantum, the submitter warrants all of the following points and assumes full responsibility and liability for any costs and damages resulting directly or indirectly from any of them being untrue:
- The submitted work is an original creation of the authors listed on the manuscript, and all listed authors have made substantial contributions to the creation of the work.
- The submitter has the permission of all authors and all other copyright and intellectual property rights holders to pursue the publication of the work in Quantum, and to grant Quantum all the rights specified in these terms and conditions.
- The manuscript is publicly accessible on the arXiv in the section quant-ph, or at least crosslisted to quant-ph.
- The work has not been previously published in any other journal or publishing venue, except in conference proceedings and on public pre-print servers such as the arXiv or the authors’ personal or institutional websites. Works previously published in conference proceedings must substantially differ from or expand upon the conference version (for example contain previously omitted proofs) and indicate the previous publication on the first page of the manuscript.
- The submitter has obtained permissions to grant Quantum the rights specified in these terms and conditions for all material contained in the work and has included appropriate credits and prominently marked or indicated any rights held by third parties.
- The submitter has clearly informed Quantum at the time of submission of any parts of the work which, due to copyright or other constraints, cannot be published by Quantum under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence.
- In case of acceptance, the final published version of the work will be uploaded on the arXiv under one of the available Creative Commons licences.
- In case of acceptance, the final published version of the work on the arXiv complies with the Crossref DOI guidelines. In particular, all references cited by the submitted work that have a DOI assigned to them contain DOI links.
- In case of acceptance and publication in Quantum, the work will not be submitted to other publishing venues, such as journals or conference proceedings.
Rights of the submitter
The submitter is granted the following rights:
- At any point prior to acceptance the submitter, as well as any author of the work, can withdraw a work from Quantum. A notification of withdrawal has to be submitted to the handling editor either through the online submission system or by email. Upon receiving a notification of withdrawal prior to acceptance, Quantum terminally rejects the work, thereby ending the peer-review process.
- The submitter, as well as any author of the work, can also withdraw a work from Quantum after acceptance and publication by notifying Quantum through email. This however does not trigger a terminal rejection of the work and in particular does not invalidate the rights granted to Quantum during submission. Quantum will instead put a notification on the publication page that the work was withdrawn.
Unless explicitly agreed otherwise by all parts involved, all correspondence between editors, referees and authors during the peer review process should be treated as confidential, and may only be shared with the present and future Editorial Board members who have not declared a conflict of interest with the work.
Rights of Quantum
By submitting a work to Quantum, the submitter explicitly grants Quantum the following additional rights:
- The right to terminally reject the work, in particular on the basis of the editors’ judgement and/or referee reports.
- The right to permanently store and share the work, referee reports, and intermediate correspondence with the referees and all current and future members of the Editorial Board who have not declared a conflict of Interest.
- The right to share the identity of the referees with all members of the current and future Editorial Boards who have not declared a conflict of Interest.
- The non-exclusive right to share, publish, host, distribute, print, advertise, classify, and otherwise use the manuscript, other parts of the work and all metadata associated with it under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence, unless the work is terminally rejected by Quantum, expect for parts of the work that are covered by incompatible licences.
- The right to deposit the metadata associated with the work in the Crossref system and to assign a DOI to the work.
- The right to publish anonymized statistics on submissions and the peer-review process.
Copyright of works published by Quantum
All manuscripts and other parts of works that were previously submitted to Quantum and then directly published by Quantum, as well as the associated meta-data, including for example a work’s title, abstract, author list, figures, datasets, or popular summary, are published under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence.
For material associated with a manuscript, such as that linked to from the manuscript, or a work’s page on Quantum’s website, especially if hosted on other platforms, other licences can apply.
Each owner of copyright on parts of a work submitted or published by Quantum retains their copyright as far as possible under the conditions stated above.
4. Further aspects
Data protection is of a particularly high priority for the management of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften. The use of the Internet pages of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften is possible without any indication of personal data; however, if a data subject wants to use our services our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften. By means of this data protection declaration, the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften
Phone: +43 676 706 21 24
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Subscription to our newsletters
On the website of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften, users may be given the opportunity to subscribe to a newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften automatically regards a withdrawal from the receipt of the newsletter as a revocation.
7. Contact possibility via the website
The website of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften contains information that enables a quick electronic contact to the management, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
8. Subscription to comments in the blog on the website
The comments made in the blog of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften may possibly be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.
If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favor of this option. The option to subscribe to comments may be terminated at any time.
9. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
10. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften or another employee will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften or another employee will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften or another employee.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften to the processing for direct marketing purposes, the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften or another employee of the controller.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
f the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of the Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften or another employee of the controller.
11. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
12. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
13. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
14. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
16. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Disclaimer of warranty
There is no warranty for the services provided by Quantum, to the extent permitted by applicable law. Except when otherwise stated in writing, the copyright holders and/or other parties provide these services “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or future availability. The entire risk as to the quality and performance of the services is with the user. Should the services prove defective, the user assumes the cost of all damages incurred.
Limitation of liability
In no event, unless required by applicable law or agreed to in writing, will Quantum be liable to any user for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the services provided by Quantum, even if Quantum has been advised of the possibility of such damages.
Links to other works, websites, or other documents, including but not limited to hyperlinks on the website quantum-journal.org as well as in manuscripts published by Quantum, may link to content that is beyond the control of Quantum. Quantum hence does not assume any kind of responsibility or liability for the content to which such links point or transmissions that can be received through them.
In case you believe that any material published by Quantum infringes on your copyright or intellectual property rights in any way, you must contact in writing, in either English or German, the
Verein zur Förderung des Open Access Publizierens in den Quantenwissenschaften
Müllnergasse 26, 1090 Wien, Austria.
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