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Privacy Notice for our prospects and customers

1.1 Your personal data processed by us

In the context of the existing customer relationship and the initiation of a business relationship/contract, we process the following data about you:

  • Name
  • Surname
  • Salutation
  • Titles and academic degrees
  • Company Name
  • Position in the company
  • Business address
  • Bank details
  • Tax ID
  • Customer number
  • Your email address,
  • Your mobile phone number
  • Your landline number
  • Your fax number
  • All personal data provided to us in the context of customer communication
  • Creditworthiness data

KBC collects data from prospects and customers in the following ways:

  • Requests to Kemény Boehme Consultants employees, e.g. by e-mail, Linkedin messages or other communication channels.
  • Enquiries at trade fairs or other events at which data is passed on to KBC employees with the aim of contacting them.
  • research on prospects in business directories, contact details on websites or professional networks.
  • Self-booking of an appointment by a prospect.
  • Consultation of personal data from the person himself after the conclusion of a contract with KBC or receipt of personal data by an employee of the client company. This may also affect employees of service providers of the client company.

1.2 Purposes of data processing

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

  • To process your request as a prospect. For this purpose, we use your contact details to be able to answer your request.
  • To prepare and carry out pre-contractual measures – this includes, for example, the preparation and sending of an individual offer or individual agreement and transmission of contractual terms with the aim of concluding the contract.
  • To add your contact details to our customer and contact database.
  • Contacting us (e-mail, phone)
  • Establishment, implementation and termination of the contractual relationship
  • Customer management and customer support – in particular the processing of customer enquiries
  • To provide you with the best possible information about our products and services. This also includes sending (direct) advertising by e-mail or telephone.
  • In order to provide you as our customer with the best possible service. This includes, in particular, communicating with you by e-mail, mobile phone, landline number or fax.
  • To ensure smooth billing of the services provided.
  • To  comply with our legal obligations. This includes, for example, the transmission of your personal data to the tax office.
  • For the purpose of carrying out marketing initiatives such as: newsletters, product updates, invitations to events and webinars
  • To comply with post-contractual measures.
  • To assert, exercise or defend legal claims.
  • For the purpose of carrying out credit checks
  • To carry out product test phases
  • To inquire about your satisfaction with our products and services

1.3 Legal basis for data processing

Processing of your personal data on the basis of consent

Insofar as we obtain your consent for the processing of your personal data, the processing of your personal data is carried out on the basis of Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Art. 5, 7 GDPR.

Processing for the purpose of performing the contract with you

Insofar as we process your personal data for the purpose of fulfilling the contract, Art. 6 (1) sentence 1 (b) GDPR serves as our legal basis. This also applies to processing operations that are necessary for the implementation of pre- and post-contractual measures.

Processing to comply with a legal obligation

Insofar as the processing of your personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR serves as our legal basis. Our legal obligation to process data arises, for example, from retention obligations under tax and/or commercial law.

Processing on the basis of legitimate interest

The legal basis for the purpose of direct marketing may constitute Art. 6 (1) sentence 1 lit. f GDPR in the case of our legitimate interests, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail. The legitimate interests pursued by us in this regard – 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 communicating with you, in particular to be able to respond to your inquiries by email, telephone and/or fax;
  • To be able to conduct due diligence with our potential business partner
  • We carry out credit checks on our potential business customers. Our legitimate interest is to avoid payment defaults.
  • To receive customer feedback to improve the customer experience, improve our products and services

The legal basis for processing activities in connection with the assertion, exercise or defence of legal claims is also our legitimate interest in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.

2. Recipients or categories of recipients of the personal data

As part of the processing of your personal data, we may pass on the personal data concerning you to the following recipients. We will only transfer your personal data to external recipients if you have given your consent or if this is permitted by law.

External recipients of your personal data are, in particular:

  • Project stakeholders
  • Processor
  • Authorities
  • Court
  • Attorney
  • Tax advisor
  • Auditor
  • Postal Service Providers
  • IT-Administrator
  • Affiliated companies
  • Potential business partners in the context of a (future) due diligence review
  • Billing partners

Your personal data will be transferred to the following service providers:

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

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

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

In order to make the third-country transfer as data-friendly as possible, standard contractual clauses in accordance with Art. 46 (2) (c) GDPR have been concluded with providers in unsafe third countries.

3. Duration of storage of personal data

We do not store 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 will take reasonable steps to ensure that your personal data is only processed under the following conditions::

  • For the duration that the data will be 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, applicable law, using appropriate safeguards.

A requirement may exist in particular if the data is still needed to fulfil contractual services, to be able to examine and grant or defend warranty and, if applicable, guarantee claims. If the data is no longer required for the fulfilment of contractual or legal obligations, it will be deleted on a regular basis, unless its – temporary – retention is still necessary, in particular for the fulfilment of statutory retention periods of up to ten years (e.g. from the Commercial Code, the Tax Code and the Money Laundering Act). In the case of statutory retention obligations, deletion is only possible after the expiry of the respective retention obligation.

4. Obligation to provide the data

In order to (planned) conclude and execute the contract with you, you must provide the personal data that is necessary for the establishment and performance of the contractual relationship and the fulfilment of the associated contractual obligations or that we are legally obliged to collect (see in particular the standards listed under “III.3.”). This obligation also arises from the law, e.g. § 14 UstG. Without this data, we will generally not be able to conclude and perform the contract with you.