Data protection declaration
As at March 2021
The data controller is BayWa Global Produce GmbH, Arabellastr. 4, 81925 München, email: info1@baywa.de, phone: 089/9222-0. The Data Protection Officer of BayWa Global Produce GmbH can be contacted at the address provided or by sending an email to datenschutzbeauftragter@baywa.de. BayWa Global Produce GmbH has established a Service Centre for queries of data subjects which can be submitted via email to kontaktformular@baywa.de, by mail to BayWa CS GmbH, CSC Passau, BayWa-Str. 6, 94034 Passau, Germany, or using the Internet form at www.baywa.de.
We process the data received from you at the beginning and during the course of our business relationship. We also process data we have lawfully received from credit agencies, creditor protection associations, publicly accessible sources (i.e. commercial register, register of incorporated associations, land register, media), as well as data from other companies we are in a long-term business relationship.
Personal data includes the following data:
Your master and contact data, such as:
– as a private customer: first and last name, address, contact data (email address, telephone number, fax number), date of birth, data from the identification document presented to us (copy of ID) and bank account details
– as a corporate customer or supplier: names of your legal representatives, company name, commercial register number, VAT-ID number, employer identification number, address, contact details (email address, telephone number, fax number) and bank account details.
We also process the following other personal data:
– Information on the type and substance of our business relationship including, inter alia, contract data, order data, sales and invoicing data, customer and supplier history, consultancy-related documents, vehicle data,
– Information about your financial position (e.g. credit scoring data),
– Advertising-related and sales-related data,
– Documentation-related data (e.g. minutes of consultations), image data,
– Data from your electronic interactions with BayWa (e.g. IP address, log-in data),
– Other data we may from time to time obtain during the course of our business relationship (e.g. in customer meetings),
– Data generated by us from master data / contact data records, or other data such as data obtained via analyses of customer requirements and customer potentials,
– The documentation of your declaration of consent to receiving information such as newsletters.
– Image data from video surveillance systems,
– Photos shot during public events.
We process your data in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) of 2018 in their applicable versions:
For the purpose of performing our (pre-) contractual obligations (Article 6 para. 1 lit. b GDPR):
We process your data for purposes related to the sales and marketing of our goods and services, for purposes related to procurement and logistics, as well as for purposes related to the management and analysis of suppliers and customers. In particular, the data are processed during the stages of initiating a business transaction and the performance of contracts with you, for example in the following cases:
– Creation and administration of a customer account or a supplier account
– Delivery of orders
– Administration of customer cards, e.g. the BayWa fuel card
– Participation in prize draws
– Sending of information, such as requested catalogues
Execution of the application process (in combination with Article 26 of the German data protection law)
For the purpose of performing statutory obligations (Article 6 para. 1 lit. c GDPR):
We are required to process your data for the purpose of performing certain statutory obligations stemming from the Commercial Code, the Tax Code, money laundering regulation or product-specific regulations, such as the Hazardous Substances Ordinance.
For protecting a legitimate interest (Article 6 para. 1 lit. f GDPR);
The data processing may exceed the scope required for the performance of the contract with you if it is conducted for the purpose of safeguarding a legitimate interest and we have balanced the respective parties’ interests. Data processing for the purpose of safeguarding legitimate interests may, for example, occur in the following cases:
– Consultation of and exchange of data with credit agencies and creditor protection associations for the purpose of determining creditworthiness data, as well as the operation of a group-wide creditworthiness database for the purpose of identifying default risks that concern mutual customers,
– Advertising or marketing,
– Business management measures, as well as measures related to the development of products and services,
– Operation of a group-wide customer data base for the purpose of improving our customer service,
– Measures to protect BayWa’s business locations against illegal actions or conduct in breach of contract, e.g. access controls, video surveillance,
– For purposes related to law enforcement.
On the basis of your declaration of consent (Article 6 para. 1 lit. a GDPR):
If you have granted your declaration of consent to the processing of your data, we will only process the data in accordance with the purposes and scope stipulated in your declaration of consent. You may revoke your declaration of consent at any time with effect on the future, i.e. if you no longer wish to receive our newsletter. For this, please contact the BayWa Service Centre mentioned under item 1.
We also use your data to communicate with you about your orders, certain products or marketing promotions, and to recommend products or services to you that may be of interest for you.
You can object against the use of your personal data for advertising purposes categorically or for individual activities at any time without incurring any additional costs or higher prices. For this, please contact the BayWa Service Centre mentioned under item 1.
Product recommendations by email
Under article 7 para. 3 of the German Unfair Competition Act, BayWa is permitted to use the email address provided by you when ordering a product or service to deliver direct advertising for similar goods or services to you. You will receive these product recommendations irrespective of whether you have subscribed to a newsletter or not.
If you prefer not to receive any more product recommendations from us via email, you can choose to revoke your consent to use your email address for this purpose at any time without incurring additional costs or higher prices. For this, please contact the BayWa Service Centre mentioned under item 1. Of course, every email from us always contains an unsubscribe link.
Newsletter
To send the newsletter we use the so-called double opt-in process, i.e. we will only send a newsletter via email if you have explicitly confirmed that you want us to activate the newsletter service. We will then send a notification email and ask you to confirm that you wish to receive our newsletter by clicking on a link contained in this email.
If, at a later point in time, you do no longer wish to receive the newsletter, you can revoke your consent at any time without incurring additional costs or higher prices. For this, simply send a written notice to the BayWa Service Centre mentioned under item 1. Of course, you will also find an unsubscribe link in each newsletter.
Transmission of data to credit agencies
BayWa Global Produce GmbH transmits personal data collected during the course of our contractual relationship concerning contractual negotiations, the initiation, performance and termination of our business relationship, as well as data concerning non-conforming or fraudulent conduct to the following credit agencies: SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany; Bisnode Deutschland GmbH, Robert-Bosch-Strasse 11, 64293 Darmstadt, Germany; Coface Central Europe Holding AG, Stubenring 24, AT-1010 Vienna, Austria; CRIF Bürgel GmbH, Radlkoferstrasse 244, 80807 Munich, Germany; CRIF GmbH, Diefenbachgasse 35, AT-1150 Vienna, Austria; Creditreform, Machtlfinger Strasse 13, 81302 Munich, Germany; EOS Deutschland GmbH, Gottlieb-Daimler-Ring 7-9, 74906 Bad Rappenau, Germany. The legal bases for these data transmissions is Article 6 para. 1 lit. b and Article 6 para. 1 lit. f GDPR. Data may only be transmitted on the basis of Article 6 para. 1 lit. f GDPR to the extent the transmission is necessary to protect the legitimate interests of BayWa Global Produce GmbH or a third-party which prevail over the data subject’s interests, fundamental rights and fundamental freedoms that require the protection of personal data. The exchange of data with these credit agencies also serves the purpose of preventing fraud and verifying the identity. BayWa Global Produce GmbH can use the match rating provided by the credit agency and, where applicable, references to an identity-card-based legitimation check carried out with the credit agency or another business partner to find out whether a certain person’s information are recorded in the credit agency’s data set for the address indicated by the customer.
The credit agency processes the data received and also uses it for the purpose of generating profiles (scoring) for providing its contracting partners within the EEC and Switzerland, as well as additional third-party countries (provided there is an adequacy decision by the European Commission for such country) with information that can, inter alia, be used to assess the creditworthiness of a natural individual. For further information on SCHUFA’s activities, please refer to the website: schufa.de/datenschutz. The data protection information of the other credit agencies mentioned-above can be reviewed on their respective websites, as well.
If, as a commercial customer or private retail customer, you submit an account application for supplies and services, we will create a customer account for you and grant you a credit limit – matching your creditworthiness – which allows you to purchase on account. Such customer account is a continuous contractual obligation which allows us to establish a continuous account at the credit agency to keep us informed about any changes in your credit rating.
Keeping a group-wide credit rating database
Provided that we have lawfully obtained your credit rating data from a credit agency, we will store such data in a system that is accessible to the affiliated companies that participate in the BayWa credit management system. This serves the purpose of facilitating transaction processing for mutual customers and to detect financial default risks. The creditworthiness database is only accessed if the respective affiliated company has a legitimate interest.
We are responsible for the protection of your data, including in situations where we use a contract data processor for processing your data. All contract data processors are contractually bound to treat your data confidential and to only process such data in relation to their contractual performances. The contract data processors will receive your data to the extent they require the data for rendering their respective contractual performances. These contract data processors include, inter alia, IT service providers we require for the operation and security if our IT systems (e.g. use of a technical platform provided by Voycer AG for administering our Community), as well as advertising and list brokers for our own advertising activities.
Your data will be processed in the BayWa customer database. The BayWa customer database helps us improving the quality of the existing customer data (purging duplicates, flagging moved away/deceased records, correction of addresses) and allows for the data to be enriched with data from public sources. This data is made available to the subsidiaries of BayWa which participate in the BayWa customer database (participating subsidiaries) and can be used for personalised direct marketing activities (e.g. newsletter) and for adapting the user interface of our online shop to individual