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Privacy Notice for Our Prospective and Existing Customers

1.1 YOUR PERSONAL DATA THAT WE PROCESS

As part of our existing customer relationship, as well as during the initiation of a contract or in the course of our business dealings, we process the following personal data about you:

  • First name
  • Last name
  • Salutation
  • Titles and academic degrees
  • Company Name
  • Position within the company
  • Business address
  • Bank account information
  • Tax ID
  • Customer number
  • Your email address,
  • Your cell phone number
  • Your landline number
  • Your fax number
  • All personal data provided to us in the course of customer communications
  • Credit information

KBC collects data from prospective customers and clients in the following ways:

  • Inquiries sent via message to Kemény Boehme Consultants staff , e.g., via email, LinkedIn messages, or other communication channels.
  • Inquiries made at trade shows or other events where data is shared with KBC employees for the purpose of establishing contact.
  • Conducting your own research on potential prospects throughbusiness directories, contact information on websites, or professional networks.
  • An interested personbooks an appointment on their own.
  • Requesting personal data from the individual after entering into a contract with KBC, or receiving personal data from an employee of the client company. This may also apply to employees of the client company’s service providers.

1.2. PURPOSES OF DATA PROCESSING

In the context of our existing customer relationship and the initiation of a contract, your personal data will be processed for the following purposes:

  • In the context of our existing customer relationship and the initiation of a contract, your personal data will be processed for the following purposes:
  • To process your inquiry as a prospective customer. For this purpose, we use your contact information to respond to your inquiry.
  • To prepare and carry out pre-contractual measures —including, for example, the preparation and submission of a customized quote or the negotiation and exchange of contract terms with the aim of concluding a contract.
  • To add your contact information to our customer and contact database.
  • Contact (email, phone)
  • Establishment, Performance, and Termination of the Contractual Relationship
  • Customer management and customer service – particularly handling customer inquiries 
  • To keep you fullyinformed about our products and services. This includes sending you (direct) marketing materials via email or phone.
  • To provide you, our customer, with the best possible service. This includes, in particular, communicating with you via email, mobile phone, landline, or fax.
  • To ensure that the services provided are billed smoothly.
  • To comply with our legal obligations. This includes, for example, sharing your personal data with the tax office.
  • For the purpose of carrying out marketing initiatives such as: sending newsletters, product updates, and invitations to events and webinars
  • To fulfill post-contractual obligations.
  • To assert, exercise, or defend legal claims.
  • For the purpose of conducting credit checks
  • For conducting product testing phases
  • To gauge your satisfaction with our products and services

1.3. LEGAL BASIS FOR DATA PROCESSING

Processing of Your Personal Data Based on Consent
To the extent that we obtain your consent for the processing of your personal data, such processing is based on Article 6(1)(a) of the GDPR in conjunction with Articles 5 and 7 of the GDPR.

Processing for the purpose of performing the contract with you
To the extent that we process your personal data for the purpose of performing the contract, our legal basis is Article 6(1)(b) of the GDPR. This also applies to processing operations necessary for the implementation of pre-contractual and post-contractual measures.

Processing to Comply with a Legal Obligation
To the extent that the processing of your personal data is necessary to comply with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as our legal basis. Our legal obligation to process data arises, for example, from tax and/or commercial law retention requirements.

Processing based on legitimate interest
The legal basis for direct marketing may be Article 6(1)(f) of the GDPR, provided that our legitimate interests are present and do not override the interests or fundamental rights and freedoms of the data subject that require the protection of personal data. The legitimate interests we pursue in this context—in addition to the purposes listed under 1.2—include:

  • To provide you with the best possible information about our products, offers, and services through direct marketing; 
  • In our communications with you, particularly to respond to your inquiries via email, phone, and/or fax;
  • In order to conduct due diligence on our potential business partner
  • We conduct credit checks on our potential business customers. Our legitimate interest is to prevent payment defaults.
  • To gather customer feedback in order to improve the customer experience and enhance our products and services

The legal basis for processing activities related to the assertion, exercise, or defense of legal claims is also our legitimate interest pursuant to Article 6(1)(f) of the GDPR.

2. RECIPIENTS OR CATEGORIES OF RECIPIENTS OF PERSONAL DATA

In the course of processing your personal data, we may disclose your personal data to the following recipients. We will only transfer your personal data to external recipients if you have given your consent or if it is permitted by law.

External recipients of your personal data include, in particular:

  • Project participants
  • Data processor
  • Government agencies
  • Court
  • Attorney
  • Tax advisor
  • Certified Public Accountant
  • Mail service provider
  • IT Administrator
  • Affiliated companies
  • Potential business partners in the context of a (future) due diligence review
  • Billing partner 

Your personal data will be shared with the following service providers:

  • Bold KBC Center for Innovation GmbH – Streitfeldstraße 17-19, 81673 Munich, Germany
  • Microsoft Ireland Operations Limited – One Microsoft Place, South County Business Park, Leopardstown, Dublin 18 D18 P521, Ireland
  • Various data processors, depending on the project

In addition, your personal data may be transferred to the following service providers, which are located in a country outside the EU/EEA:

Kemény Boehme Consultants, Inc. – 615 South College Street, Charlotte, NC 28202, USA

To ensure that data transfers to third countries are as privacy-friendly as possible, standard contractual clauses pursuant to Article 46(2)(c) of the GDPR have been entered into with service providers in third countries that are not considered safe.

3. RETENTION PERIOD FOR PERSONAL DATA

We do not retain your personal data for longer than is necessary for the purpose for which it was collected. This means that data in our systems is destroyed or deleted as soon as it is no longer needed. We take appropriate measures to ensure that your personal data is processed only under the following conditions:

  • For as long as the data is used to provide you with a service
  • As required by applicable law, contract, or in light of our legal obligations
  • Only for as long as is necessary for the purpose for which the data was collected, or longer if required by contract or applicable law, subject to appropriate safeguards.

Such a requirement may exist, in particular, if the data is still needed to fulfill contractual obligations or to assess, grant, or defend against warranty and, where applicable, guarantee claims. If the data is no longer required to fulfill contractual or legal obligations, it is regularly deleted, unless its—temporary—retention remains necessary, in particular to comply with statutory retention periods of up to ten years (including those under the German Commercial Code, the German Fiscal Code, and the Money Laundering Act). In the case of statutory retention obligations, deletion is only considered after the respective retention obligation has expired.

4. Obligation to Provide Data

In order to enter into (or finalize) and perform the contract with you, you must provide the personal data necessary for establishing and performing the contractual relationship and fulfilling the associated contractual obligations, or which we are legally required to collect (see, in particular, the provisions listed under “III.3.”). This obligation also arises from the law, e.g., Section 14 of the German Value Added Tax Act (UstG). Without this data, we will generally not be able to conclude and perform the contract with you.