As of: January 2019
The protection of your personal data is of particular concern to us. We therefore process your personal data ("data" for short) exclusively on the basis of the legal regulations. With this data protection declaration we want to inform you comprehensively about the processing of your data in our company and the data protection claims and rights to which you are entitled in accordance with the European General Data Protection Regulation (GDPR).
Which data is processed in detail, and how it is used, is mainly dictated by the nature of the services ordered or agreed upon. So not all parts of the information given here will be apply to you.
1. Who is responsible for data processing and to whom can you contact?
The responsible party is BayWa r.e. Clean Energy Sourcing GmbH, Arabellastr. 4, 81925 Munich, E-Mail: ds.energiehandel(at)baywa-re.com, Tel: +49 341 30860600. 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 are processed and from which sources?
We process the data that we receive from you as part of the business initiation and relationship. In addition, we process data that we have legitimately received from credit agencies, creditor protection associations, publicly accessible sources (e.g. business register, register of associations, land register, media) suppliers, grid operators or marketer and other companies with which we have a long-term business relationship.
Personal data includes:
Your master/contact data, including your first name and surname, address, contact data (e-mail address, telephone number, fax), date of birth, data from proof of identity (copy of ID card), bank details for private customers. For corporate customers, this includes, for example, the name of their legal representative, company, commercial register number, VAT number, company number, address, contact person contact data (e-mail address, telephone number, fax), bank data.
In addition, we also process the following other personal data:
Information on the nature and content of our business relationship such as contract data, order data, customer number, meter ID, billing date, sales and receipt data, customer and supplier history, consulting documents,
- 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 dealings with BayWa (e.g. IP address, log-in 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. by means of customer requirements and customer potential analyses,
- the documentation of your declaration of consent for the receipt of e.g. newsletters.
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:
for the fulfilment of (pre-)contractual obligations (Art 6 (b) GDPR)
Your data is processed for the sale and distribution of our goods and services (creation and management of a customer account), for procurement and logistics purposes (delivery of orders) and for customer administration and analysis. The data will be processed in particular during the initiation of business transactions and the execution of contracts with you.
for the Fulfilment of legal obligations (Art 6 (c) GDPR):
A processing of your data is necessary for the purpose of fulfilling various legal obligations, e.g. as imposed by the German Tag-operation Act, from the German Commercial Code or the Tax Code, money laundering regulations, product-specific regulations such as the Hazardous Substances Ordinance.
in defence of legitimate interests (Art 6 (f) GDPR):
On the basis of a balance of interests, data may be processed beyond the actual performance of the contract to protect the legitimate interests of us or third parties. Data processing to protect legitimate interests takes place in the following cases, for example:
- Consultation of and data exchange with credit agencies and creditor protection associations to determine creditworthiness data (see No. 5),
- Advertising or marketing (see No. 4),
- Measures for business management and further development of services and products;
- in the context of legal proceedings,
- to carry out address determination (e.g. for removals).
within the framework of your consent (Art 6 (a) GDPR):
If you have given us your consent to process your data, processing will only take place in accordance with the purposes and to the extent agreed in the declaration of consent. A given consent can be revoked at any time with effect for the future, e.g. for sending our newsletter. 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 the use of your personal data for advertising purposes at any time, either as a whole or for individual measures, without incurring any costs other than the transmission costs according to the basic rates. Please contact the the party named under No. 1.
Product recommendations by e-mail
Pursuant to the legal requirements of Section 7 para. 3 Act Against Unfair Competition, BayWa r.e. Clean Energy Sourcing GmbH 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.
5. Credit information
Data transmission to infoscore Consumer Data GmbH
We transmit your data (name, address and date of birth if applicable) for credit checking purposes to infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden. The legal basis for these transfers is in Articles 6(1)(b) and 6(1)(f) of the GDPR. Transmissions on the basis of Art. 6 (1) (f) of the GDPR may only take place as far as the protection of the legitimate interests of BayWa r.e. Clean Energy Sourcing GmbH or third parties is necessary and where this does not outweigh the interests or fundamental rights and freedoms of the person concerned, which require the protection of their personal data. Detailed information on ICD as defined by Article 14 of the General Data Protection Regulation ("EU GDPR"), i.e. information on the business purpose, data storage purposes, data recipients, the right to personal information, the right to cancellation or correction etc. can be found under the following link finance.arvato.com/icdinfoblatt.
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.
6. Who receives my data?
If we use a service provider in the sense of order processing, we nevertheless remain responsible for the protection of your data. All contractors are contractually obliged to treat your data confidentially and to process it only within the scope of the provision of services. The contractors commissioned by us will receive your data if they require it to perform their respective services. These are, for example, Call center, analyzing specialists, credit agencies, measuring point and grid operators, IT service providers that we need for the operation and security of 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: www.baywa.com/konzern/im_profile/group companies/
If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, insurance companies, banks, and service providers may also be recipients of your data for the purpose of initiating and fulfilling contracts.
7. How long will my data be stored?
We process your data until the end of the business relationship or until the expiry of the statutory retention periods (for example from the German Commercial Code or the Tax Code); in addition, until the end of any legal disputes in which the data is required as evidence.
8. Are personal data transferred to a third country?
In principle, we do not transfer any data to a third country. A transmission will only take place in individual cases on the basis of an adequacy decision of the European Commission, standard contractual clauses, suitable guarantees or your express consent.
9. What data protection rights do I have?
You have a right to information, correction, deletion or restriction of the processing of your stored data, a right of objection against the processing as well as a right to data transferability and to a complaint in accordance with the requirements of data protection law.
Right to information:
You can request information from us as to whether and to what extent we process your data.
Right to correction:
If we process your data that is incomplete or incorrect, you can request that we correct or complete it at any time.
Right of deletion:
You can request us to 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. in the case of legally regulated storage obligations.
Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, unless there is a legal transaction or legal obligation to retain it.
Right to limitation of processing:
You may request us to 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 refuse to delete it and instead request a restriction on the use of the data, 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 transferability:
You may require us to provide you with the data you have provided 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 an agreement you have given and revocable or to fulfil a contract between us, and
- this processing is carried out using automated methods.
If it is technically feasible, you can ask us to transfer your data directly to another person responsible.
Right of 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 no longer process your data unless we can prove compelling reasons worthy of protection 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 are of the opinion that we violate German or European data protection law when processing your data, please contact us to clarify any questions. Of course, you also have the right 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.
10. 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 refuse the conclusion of the contract or the execution of the order or we will no longer be able to execute an existing contract and will therefore have to terminate it. 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.