Terms and Conditions - Best Managed Companies
By submitting an application to participate in the Danish Best Managed Companies programme (the “Programme”) you hereby accept and agree to the terms and conditions set out below (the “Terms”).
In these Terms you are referred to as “you” or the “Company”, Deloitte Statsautoriseret Revisionspartnerselskab, Copenhagen with company reg. no. 33 96 35 56, is referred to as “Deloitte” and Deloitte’s partners for the programme are jointly referred to as the “Programme Partners”.
1. Information about the program
The Programme is an annual award programme for Danish private mid-market companies. The Programme recognises successful private companies for how they are managed, what they have achieved, the contributions they make - and the people who make it all possible. For the Company, it is a unique opportunity to benchmark their business against other strong private companies through feedback and insights from an independent jury. The process provides valuable inputs to sharpen strategy, explore growth opportunities, enhance branding and attract and retain talent for the Company’s continued growth journey.
For Deloitte, it is an acquisition Programme where we strengthen relationships with selected priority clients and targets. Furthermore, the Programme positions Deloitte as a strong player in the mid-market and provides an opportunity for our talents to gain comprehensive exposure to the company’s challenges in a workshop format.
2. Information provided by the company
The Company will provide information of a confidential and/or proprietary nature such as regarding its business, finances and technologies, (all such information referred to as “Confidential Information”) in order to participate in the Programme. The Confidential Information will be used by Deloitte and the Programme Partners in connection with evaluating the application based on the eligibility criteria and otherwise within the scope of the Programme. The Confidential Information will also be disclosed to an external jury panel which will designate the winners of the programme.
In the event, that the Company is designated as one of Denmarks Best Managed Companies, the Company’s name, logotype and other such information will also be used on the Programme’s official websites (www.BMC.Deloitte.dk) and (www.bestmanagedcompanies.dk), as well as acroess other media platforms for promotional and marketing purposes.
Deloitte and the Programme Partners shall ensure that their respective employees, subcontractors, agents and other representatives who receive or require access to Confidential Information in connection with the Programme, only use such Confidential Information in connection with the Programme. Disclosure to third parties is strictly prohibited, except to the external jury panel.
Access to Confidential Information shall be strictly limited to individuals with a direct and immediate need within the scope of the Programme. Deloitte and the Programme Partners shall ensure that all such individuals are made aware of and comply with the confidentiality obligations set out herein.
The Company acknowledges that Deloitte and the Programme Partners shall have no obligation with respect to any Information which: (i) is or becomes publicly known without breach of this section; (ii) is disclosed in good faith and on a non-confidential basis by a third party legally entitled to do so; (iii) is independently developed by Deloitte or the Programme Partners without reference to the Information; (iv) was known to Deloitte or the Programme Partners prior to receipt; or (v) is disclosed with the Company’s prior written consent.
Furthermore, Deloitte and the Programme Partners may disclose Information to the extent required by law, regulation, judicial or administrative process, or in accordance with applicable professional standards or in connection with legal proceedings.
By pressing “Submit” and, consequently, submit the application for participating in the Programme, the Company hereby agrees to and confirms that the Confidential Information provided in connection thereto and otherwise within the scope of the Programme:
(i) may be used by Deloitte, the Programme Partners and the external jury as set out above;
(ii) is accurate and complete; and
(iii) that the Company has obtained all necessary authorizations, including consents, to permit the handling of the Confidential Information by Deloitte, the Programme Partners and the external jury in accordance with applicable law and these Terms.
Participation in the Programme is conditional upon the Company’s submission of the required consent and confirmation as outlined above. The Company acknowledges that, once the application has been submitted, no further amendments may be made. Should the Company choose not to submit the application at this time, it may close the application page, in which case the application form will be saved and may be completed at a later date.
3. Processing of Personal Data and Data Security
Deloitte may, in connection with the Programme, collect and process personal data provided by the Company as part of the Confidential Information. As Deloitte determines the purposes and means of such processing, Deloitte shall act as the Data Controller in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR).
Personal Data shall be processed lawfully, fairly, and transparently in relation to the data subject, and solely for specified, explicit, and legitimate purposes. Personal data shall not be retained for longer than necessary for the fulfilment of such purposes. Deloitte shall implement appropriate technical and organisational security measures, taking into account the nature, scope, context, and purpose of the processing, to ensure the protection of the rights and freedoms of data subjects and compliance with applicable law.
As Data Controller, Deloitte may engage subcontractors or Programme Partners, including entities located outside the European Economic Area (EEA), for the purpose of delivering the Programme and/or storing data related to the Programme. Where required under applicable data protection legislation, Deloitte shall ensure that a valid data processing agreement is in place with such subcontractors or Programme Partners, that they are bound by confidentiality obligations, and that they have committed to implementing appropriate technical and organisational security measures to safeguard the rights and freedoms of data subjects.
Personal data may also be disclosed to third parties where required by law, regulation, judicial or administrative order, or other applicable legal authority.
Further information regarding Deloitte’s processing of personal data is available at www.deloitte.dk, including a privacy notice intended for individuals with whom Deloitte does not have direct contact, such as the Company’s employees, customers, and other stakeholders. The Company shall ensure that such individuals are made aware of this privacy notice.
The Company is responsible for ensuring that it has the legal right to transfer personal data to Deloitte in connection with the Programme, and that such personal data has been collected and processed in accordance with applicable law.
Prior to acceptance of, and throughout the execution of, the Programme, the Company shall ensure that data subjects whose personal data is transferred to Deloitte are provided with all information required under applicable law, including notification that their personal data may be processed in connection with the Programme. Such information shall include details of the data subjects’ rights and freedoms. The Company shall remain fully responsible for ensuring that data subjects’ rights to access, restriction, erasure, and rectification are respected
4. The award
The award Denmark’s Best Managed Companies (the “Award”) will be granted on different levels which, at any time, may be amended by Deloitte unilaterally. At the time of your application these levels are as follows:
Level 1: Best Managed winner; applies to new winners selected each year.
Level 2: Requalified winner; applies to winners that have re-applied to the programme and successfully retained the Award for two additional years (subject to annual operational and financial review).
Level 3: Gold Standard winner; applies to winners that have re-applied to the programme and successfully retained the Award for four (4) consecutive years.
Level 4: Gold Standard requalified winner; applies to Gold Standard winners that have re-applied to the programme and successfully retained their Gold Standard designation for two additional years (subject to annual operational and financial review)]
Level 5: Platinum Club member; applies to winners that have re-applied to the programme and successfully retained the Award for seven (7) years or more.
5. Intellectual Property Rights
The Company hereby acknowledges and agrees that Deloitte retains all rights, title, and interest in and to any intellectual property associated with the Award and the Programme, including but not limited to the logotype and trademark of the Award (“Denmark’s Best Managed Companies”), commercial know-how, and proprietary concepts. In the event that the Company is designated as a recipient of the Award at any level, such designation does not confer any ownership or other rights in the aforementioned intellectual property, except as expressly set out below.
Should the Company receive the Award, you shall be entitled to use the Award logotype for marketing and promotional purposes during the subsequent twelve (12) months from the date of receipt. After this period, continued use of the logotype is permitted only if accompanied by a clear reference to the year in which the Award was granted. Notwithstanding the foregoing, if the Company retains the Award in consecutive years, the indication of the year may be omitted.
6. Other terms
The Company acknowledges and agrees that Deloitte shall not be liable for any loss, damage, cost, or expense of any kind arising out of or in connection with the Company’s participation in the Programme. This includes, without limitation, any direct, indirect, incidental, consequential, or special damages, such as loss of data, loss of business opportunities, reputational harm, or economic loss, regardless of the cause and even if Deloitte has been advised of the possibility of such damages.
This reflects the nature of the Programme as a recognition initiative and ensures that Deloitte bears no responsibility for any decisions made or actions taken by the Company in reliance on its participation or designation under the Programme.