As of: January 2021
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. Energy Trading GmbH, Arabellastr. 4, 81925 Munich, E-Mail: ds.energiehandel(at)baywa-re.com, Tel: +49 341 33967600. The data protection officer at BayWa r.e. AG 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. Energy Trading 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 credit agencies
BayWa r.e. Energy Trading GmbH transmits your data (name, address and, if applicable, date of birth) to Creditreform, Machtlfinger Straße 13, 81302 Munich, Germany, or Atradius Kreditprüfung, branch of Atradius Information Services B.V., Opladener Straße 14, 50679 Cologne, Germany, for the purpose of credit assessment, in order to obtain creditworthiness information in the event of a legitimate interest.
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 and in case of the sale of projects also investors.
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. Processing of applicant data
When we send your application to the job portal, we store your personal data in a secure operating environment to protect it from loss or misuse. The respective company of BayWa r.e. Group to which you apply within our applicant management system is responsible for the processing of your data.
The contact details of this company result from the job advertisement in BayWa r.e. Job portal.
8.1. Which data is processed and from which sources does this data come from?
As part of the application process, we process the following categories of personal data in particular:
- Master data (e.g. name, date of birth, nationality, place of residence)
- Documents (e.g. certificates, certificates, curriculum vitae)
- Training history (e.g. data on (higher) school education, professional qualifications)
- accounting data (e.g. bank details for reimbursement of application costs)
- Communication data (e.g. email, phone)
- Log data that arise when using IT systems
In individual cases, the processed data can also include special categories of personal data in accordance with Article 9 (1) of the European General Data Protection Regulation (GDPR), such as Data on health, religious affiliation or union membership, if you provide it to us in the context of your application.
8.2. For what purposes and on what legal basis is my data processed?
We process your personal data in compliance with the GDPR, national data protection laws and other relevant national laws.
The data processing is used to carry out the application process, to initiate and establish an employment relationship with the company of BayWa r.e. Group you applied to.
The legal basis for the implementation of the application process is Art. 6 Para. 1 Clause 1 b GDPR in connection with the relevant national regulation for the implementation of pre-contractual measures to establish an employment relationship. In Germany, in addition to Art. 6 Para. 1 Clause 1 b GDPR, the legislator has issued the provision of § 26 BDSG - data processing for employment purposes.
Insofar as special categories of personal data are processed, this is done on the basis of Art. 9 Para. 2 b GDPR. If the job to which you have applied requires processing of health data to assess your ability to work, this is done on the basis of Art. 9 Para. 2 h GDPR in conjunction with the relevant national regulations.
8.3. How does the application process work?
You can go straight to one in our BayWa r.e. Apply for a published job advertisement by entering your data in the application form of the advertised position. In addition to manual entry, you also have the option of transferring certain master data from your XING or LinkedIn profile, as well as using "CV Parsing" into the application form.
We will keep you informed of the processing status of your application by email. As part of the application process, we may ask you whether we can send your application documents to other job offers that match your profile - possibly also at other BayWa r.e. companies. Group - forward or may include them in our applicant pool.
If you have shown interest with us on BayWa r.e. Job portal, then we may ask you if we can send your application documents to job vacancies within BayWa r.e. If there is no position corresponding to your qualification or your wishes at the time of application, you may be included in our applicant pool after prior consultation with you.
Applications in paper form or by email are sent to BayWa r.e. with a reference to the application process are not accepted. The data is not transferred to the applicant management system. Therefore, paper applications are immediately disposed of in accordance with data protection; Applications via email will be deleted immediately. An exception to this is the receipt of an application in paper form or by email due to a special occasion (e.g. getting to know one another at a trade fair). Your data is imported into the applicant management system. The process described above also applies to applications of this type.
8.4. Who receives my data?
Within BayWa r.e. Groups to which the application is made will only have access to your personal data for the above-mentioned persons and the bodies involved in the application process (e.g. supervisors, HR, specialist area, employee representatives). If the persons involved in the application process of another BayWa r.e. belongs to a group, your data can be transmitted to the respective person in individual cases.
We use service providers to fulfill our contractual and legal obligations. We have concluded the contracts required by data protection law with these service providers, provided they process personal data on our behalf. For applicant management, we use a software solution from rexx systems GmbH, Süderstraße 75-79, 20097 Hamburg, which works for us as a processor.
8.5. Are personal data transferred to a third country?
When applying for a BayWa r.e. Groups outside the European Economic Area (EEA) data are transmitted on the basis of Art. 49 Para. 1 b GDPR, unless there are no other appropriate data protection guarantees.
The data center for the rexx systems GmbH applicant platform we use is located in Germany.
8.6. How long will my data be saved?
We have to save your data for a period of 6 months in order to meet the legal requirements for the proper processing of an application and to be able to answer questions in connection with your application and / or its rejection.
6 months after completing the application process, i.e. After you have received an acceptance or rejection from us, your personal data will be deleted. Anonymous application body data is created for statistical purposes.
As soon as you have agreed to be accepted into our applicant pool, your data will be stored and processed there for a period of 12 months. After this period, your personal data will be deleted.
As soon as you receive a job offer from a BayWa r.e. Group has been proposed and you have agreed to be included in the associated application process, your data will be transmitted to the respective company. The initially mentioned retention period of 6 months after the application process has ended applies to your personal data. If there was no recruitment in the application process, or if you have not consented to inclusion in the application process, your data will be transferred back to our applicant pool. In both cases, your personal data will be stored for a period of 12 months starting with the date of the initial pool admission and then deleted.
9. What information is collected when you visit this website?
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. Preference cookies
Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.
c. 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.
d. 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.
9.2. 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.
10. 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.
11. 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.
12. 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.