Data Protection

As of: May 2018

1.    Who is responsible for data processing and whom can you contact?    
2.    Which data is processed and from which sources does it come from?    
3.    For what purposes and on what legal basis will the data be processed?    
4.    Processing of personal data for advertising purposes    
5.    Processing of creditworthiness information    
6.    Who receives my data?    
7.    How long is my data stored?    
8.    Processing of applicant data
9.    Communication by email
10.  What information is collected when you visit this website?    
11.  Is any personal data transferred to other countries?    
12.  What data protection rights do I have?    
13.  Am I obliged to provide data?    

Protecting your personal data is a top priority for us. Accordingly, we at BayWa r.e. renewable energy GmbH and its subsidiaries (hereinafter jointly referred to as "BayWa r.e.") solely process your personal data (hereinafter referred to as "data") on the basis of statutory provisions. In this data protection declaration, we aim to give you full details of how your data is processed in our company and the data protection claims and rights to which you are entitled in accordance with the European General Data Protection Regulation (EU GDPR). 

1.  Who is responsible for data processing and whom can you contact?

The responsible party is BayWa r.e. renewable energy GmbH, Arabellastr. 4, 81925 Munich, email: info(at)baywa-re.com, tel.: +49 89 383932 0.
The data protection officer at BayWa r.e. renewable energy GmbH is contactable at the specified address or via email at: datenschutzbeauftragter(at)baywa.de.

2.  Which data is processed and from which sources does it come from?

We process the data that we receive from you when commencing and maintaining business relations. We also process data that we have received legitimately from credit agencies, creditor protection associations, publicly accessible sources (e.g. business registers, registers of associations, land registers, media) and other companies with which we have long-term business relationships.

The scope of such personal data includes:

Your master/contact data such as:

• For private customers: First and last names, address, contact data (e.g. email address, telephone number, fax), date of birth, data from identity material submitted (copy of ID card), bank details
• As a corporate customer or supplier: Name of your legal representative, company, commercial register number, VAT ID number, company number, address, contact person contact data (email address, telephone number, fax), bank details

In addition, we also process the following additional personal data:

• Information concerning the type and content of our business relationship such as contract data, order data, sales and receipt data, customer and supplier history, consulting documents, vehicle data,
• Information about your financial status (for example, creditworthiness data),
• Advertising and sales data,
• Documentation data (e.g. consulting protocols), image data,
• Information from your electronic transactions with BayWa r.e. (e.g. IP address, login data), 
• Other data that we have received from you in the course of our business relationship (e.g. in customer meetings),
• Data that we generate ourselves from master/contact data and other data, e.g. through analyses of customer requirements and customer potential.
• The documentation of your declaration of consent for the receipt of e.g. newsletters.
• Image data from video monitoring systems
• Photos taken at public events

3.  For what purposes and on what legal basis will the data be processed?

We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the currently valid version of the Federal Data Protection Act (BDSG) 2018:  

to comply with (pre-)contractual obligations (Art 6 para. 1 letter b GDPR): 
Your data is processed for the sale and distribution of our goods and services and procurement and logistics purposes as well as for supplier and customer management and analysis. In particular, data is processed when commencing and maintaining business relations with you and executing contracts with you, for example in the following cases:

• Creating and managing a customer account or a supplier account
• Delivering orders
• Managing customer cards
• Participation in sweepstakes 
• Sending information, e.g. requesting a catalogue

to meet legal obligations (Art 6 Para. 1 letter c GDPR):
Your data has to be processed for the purpose of meeting various legal obligations, e.g. as imposed by the German Commercial Code or the Tax Code, money laundering regulations and product-specific regulations such as the Hazardous Substances Ordinance.

to protect legitimate interests (Art 6 Para. 1 letter f GDPR):
With the aim of balancing interests in mind, data may be processed beyond the actual scope required to execute the contract in order to protect either our own legitimate interests or those of third parties. Data processing to protect legitimate interests may include the following cases, for example:

• Consultation of and data exchange with credit agencies and creditor protection associations to determine creditworthiness data and to maintain a group-wide creditworthiness database to identify financial default risks for joint customers; 
• Advertising or marketing 
• Measures for business management and the further development of services and products;
• Maintaining a group-wide customer database to improve customer service
• Measures to protect BayWa r.e. sites from contractually non-compliant or illegal conduct, e.g. access controls, video surveillance; 
• In the context of legal proceedings.

With your consent (Art 6 Para 1 letter a GDPR):
If you have given us consent to process your data, it will be processed in accordance with the purposes and to the extent agreed in the declaration of consent. Consent that has been granted, e.g. to receive our newsletter, can be revoked at any time with future effect. If you wish to do so, please contact the party named under no. 1.  

4.  Processing of personal data for advertising purposes

We also use your data to communicate with you about your orders, certain products or marketing campaigns and to recommend products or services that might be of interest to you. 
You can object to such use of your personal data for advertising purposes at any time, either collectively or for specific measures. BayWa r.e. does not levy any charge for indicating such objection. If you wish to do so, please contact the party named under no. 1.

Product recommendations by email
Pursuant to the legal requirements of Section 7 para. 3 Act Against Unfair Competition, BayWa r.e. is entitled to use the email address you provided to us when ordering a product or service for the purpose of directly advertising its own similar goods or services. You will receive these product recommendations from us, regardless of whether or not you have subscribed to a newsletter.

If you no longer wish to receive product recommendations from us by e-mail, you can object to the use of your address for this purpose at any time without incurring any costs, other than the data transmission costs at your standard rate. If you wish to do so, please contact the party named under no. 1.  Of course, every email always includes an unsubscribe link.

Newsletter
We use the so-called double opt-in procedure for sending the newsletter, i.e. we will only email you our newsletter if you have expressly confirmed to us beforehand that we should activate the newsletter service. We will then send you a notification email and ask you to reconfirm that you would like to receive our newsletter by clicking on a link contained inside. 
If you subsequently decide you no longer wish to receive any newsletters from us, you can object to this at any time without incurring any costs, other than the data transmission costs at your standard rate. Written notification to the party named under no. 1 will suffice in this case. Of course, an unsubscribe link is also included with each newsletter.

5.  Processing of creditworthiness information

Transmission of data to SCHUFA
Within the scope of contractual relationships entered into with you, BayWa r.e. transmits to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, personal data collected concerning applications for, the implementation and termination of such business relationships as well as data concerning non-contractually compliant or fraudulent behaviour. The legal basis for these transfers is established by Articles 6(1)(b) and 6(1)(f) of the General Data Protection Regulation (GDPR). Transmissions based on Article 6 paragraph 1 letter f GDPR may only proceed when required to safeguard the legitimate interests of BayWa r.e. or third parties and when doing so does not outweigh the interests or fundamental rights and freedoms of the data subject which require protection of personal data to be upheld. The exchange of data with SCHUFA also takes place for the purpose of meeting legal obligations to carry out creditworthiness checks of customers (Section 505a and 506 of the German Civil Code). SCHUFA processes the data received, which is also used for the purpose of profile building (scoring) to provide its contractual partners in the European Economic Area, Switzerland and other third countries as required (provided an adequacy decision of the European Commission exists for the same) with information used, inter alia, to assess the creditworthiness of individuals. Further information on the activities of the SCHUFA can be found in the SCHUFA information sheet pursuant to Art. 14 GDPR or viewed online at www.schufa.de/datenschutz

Data transmission to other credit agencies
BayWa r.e. also uses the following credit agencies to obtain credit information when a legitimate interest exists: Bisnode Deutschland GmbH, Robert-Bosch-Straße 11, 64293 Darmstadt, Coface Central Europe Holding AG, Stubenring 24, A-1010 Vienna, CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich, Creditreform, Machtlfinger Straße 13, 81302 München, EOS Deutschland GmbH, Gottlieb-Daimler-Ring 7-9, 74906 Bad Rappenau. 
 
Maintaining a group-wide credit rating database
If we have obtained creditworthiness data about you within the legally permissible scope (e.g. from a credit agency), we store it in a system to which the Group companies participating in BayWa Credit Management have access. The aim is to facilitate transaction processing for joint customers and to identify financial default risks. The creditworthiness database is only accessed if there is a legitimate interest in the respective group company.

6.  Who receives my data?

Even if we use a service provider in the context of order processing, we remain the party responsible for protecting your data. All contractors are contractually obliged to handle your data confidentially and process it only within the scope required for the provision of services. The contractors we commission will receive your data if required to perform their respective services. These include, for example, IT service providers that we need to operate and safeguard our IT system as well as advertising and address publishers for our own advertising campaigns.

Your data will be processed in customer databases of BayWa AG and its subsidiaries, including BayWa r.e. These customer databases support efforts to improve the level of existing customer data (duplicate cleanup, moved/dead indicators, address correction), and enable enrichment with data from public sources. This data is made available to the BayWa Group companies participating in the BayWa customer database (participating companies) and can be used for personalised direct marketing campaigns (e.g. newsletters), targeted online marketing and personalised online shop design.

Through the customer database, participating companies that serve the same customers should be able to use information about these customers across organisations. This approach aims to provide customers with the most up-to-date and relevant information at all times. This processing of customer interests constitutes profiling as defined by Art. 4 GDPR; but no automated decision-making takes place. Customer data is stored separately for each company, with BayWa AG acting as a service provider for the individual participating companies.

An overview of the BayWa AG Group companies can be found under the following link: https://www.baywa.com/en/group/at_a_glance/group_companies/

If an offer is made or sold via manufacturer portals, data you have provided will be processed directly in the manufacturer's portal. 

If there is a legal obligation and in the context of legal proceedings, authorities and courts as well as external auditors may also receive your data.

In addition, insurance companies, banks, credit agencies and service providers may also receive your data for the purpose of entering into and fulfilling contracts.

7.  How long is my data stored?

We process your data until the business relationship ends or the applicable guarantee, warranty, statute of limitations and statutory retention periods expire (for example from the German Commercial Code or the Tax Code) or until any legal disputes in which the data is required as evidence have ended. 

For video monitoring, image data is usually deleted after seven days.

8.  Processing of applicant data

If you send us your application via the applicant portal, we store your personal data in a secure operating environment to protect it from loss or misuse. Your application data will only be made available to persons involved and authorised in the BayWa r.e. application process, e.g. in order to offer you alternative jobs if necessary. Upon the completion of the application process (i.e. after you have received an acceptance or rejection from us), we store your data for a maximum of six months.

9.  Communication by email

Please note that transmission of unencrypted emails should be regarded as unsafe, since unauthorised persons may note the content of the email and manipulate it under certain circumstances. Accordingly, we request that you refrain from sending sensitive data by email when communicating with us. As an applicant, please use our applicant portal, since your application documents are transmitted there securely. Should it ever be necessary to send sensitive data by email, please use a content encryption service. 

10. What information is collected when you visit this website?

10.1. General information on the use of cookies
BayWa r.e. uses cookies and pixels on its website (hereinafter named “cookies”). Cookies are small text or image files that your browser stores on your end device (computer, tablet, smartphone or similar) to save certain information if you visit our website with this device. Cookies are accepted by your browser and are used to identify your device.

We use cookies to make our website user-friendly. To do so, the cookie is only recognised on your end device. Personal data is only saved after explicit consent is given or if it is absolutely necessary for the use the services you require. 

Some cookies remain saved on your end device until you delete them. They allow us to recognise your browser again the next time you visit. If this is against your wishes, you can set up your browser so that it informs you when cookies are set and only allows this in individual cases. However, deactivating cookies may limit the functionality of our website.
You can find an explanation of the scope and function of the cookies BayWa r.e. uses on its website below:

a. Functional cookies
Functional cookies save information that has already been entered (e.g. username, your language or location) and users are offered improved, personalised functions. This type of cookie also enables requested functions, such as playing videos. Anonymised data is collected and the other websites you visit are not tracked.

b. Analytical cookies
These cookies help us to collect information about how our website is used. They record the number of visitors, for example, and where the traffic comes from. We can assess how our website is performing with this information and initiate improvements. Analytical cookies allow us to find out which content is visited most and least frequently, whether error messages appear and how users navigate our website. The collected data is compiled is consequently anonymous. So any users cannot be identified. At BayWa r.e., we only use these cookies to consistently improve the performance of our website and the associated user experience. If you do not agree to have your user behaviour recorded anonymously, you can prevent this by deactivating cookies in your browser.

c. Marketing cookies
Marketing cookies are used to show users targeted, relevant advertisements tailored to their interests. They are also used to assess the effectiveness of certain campaigns. These types of cookies detect whether a website was visited or not. They can be forwarded to third parties. Cookies that help to improve how target groups and advertising are addressed are often linked with the page functionalities of third parties.

10.2. Specific cookies used
The specific cookies used on each BayWa r.e. website are described on the respective website. A link to the description called 'website data tracking and opt-out' can be found in each website’s footer. There, you will also find the links to unsubscribe from the cookies.

11. Is any personal data transferred to other countries?

Transfer of data to external countries takes place in individual cases and only on the basis of an adequacy decision of the European Commission, standard contractual clauses, suitable guarantees or your express consent.

12. What data protection rights do I have?

You have a right to information about or the correction, deletion or restriction of the processing of your stored data, a right to object to the processing as well as transfer the relevant data and to file a complaint in accordance with the requirements of data protection law. 

Right to information
You can request information from us concerning whether and to what extent we process your data.

Right to correction
If we process your data in a way that is incomplete or incorrect, you can request that we correct or complete it at any time.

Right to deletion
You can request that we delete your data if we process it unlawfully or if the processing interferes disproportionately with your legitimate protection interests. Please note that there may be reasons that prevent immediate deletion, e.g. where legally required storage obligations are imposed.
Irrespective of whether or not you exercise your right to deletion, we will delete your data immediately and completely, provided this is unhindered by any legal transaction or legal retention period to the contrary.

Right to limitation of processing
You may request that we restrict the processing of your data if:

• You dispute the accuracy of the data for a period of time that allows us to verify the accuracy of the data.
• The processing of the data is unlawful, but you reject the option of deletion and instead request a restriction on its use,
• We no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
• You have lodged an objection to the processing of the data.

Right to data portability
You may require that we provide you with the data you have given to us in a structured, current and machine-readable format and to allow you to pass this data to another person in charge without our interference, provided that

• We process this data on the basis of irrevocable consent granted on your part and or to fulfil a contract between us, and
• This processing is carried out using automated methods.

If technically feasible, you can ask that we transfer your data directly to another person responsible.

Right to objection
If we process your data for legitimate reasons, you can object to this data processing at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. We will then refrain from any further processing of your data unless we can prove compelling reasons worth protecting for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims. You can object to the processing of your data for the purpose of direct advertising at any time without giving reasons.

Right of appeal
If you believe that we are violating German or European data protection law when processing your data, please contact us to clarify any questions. Of course, you are also entitled, to contact the supervisory authority responsible for BayWa r.e., the Bavarian State Office for Data Protection Supervision.

If you wish to assert any of the above rights against us, please contact the contact named under no. 1. In case of any doubt, we may request additional information to confirm your identity.

13. Am I obliged to provide data?

The processing of your data is necessary to conclude or fulfil your contract with us. If you do not provide us with this information, we will usually have to decline the conclusion of the contract or execution of the order or will no longer be able to execute an existing contract, which will then have to be terminated. However, you are not obliged to give your consent to the processing of data that is not relevant or legally required for the fulfilment of the contract.