As of: November 2023
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. Bürgerstrom 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. Bürgerstrom 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 we receive from you as a customer, prospect, or supplier as part of our business initiation and relationship.
Personal data includes:
Your master/contact data, for individual customers, this may include:
- First and last name, name suffixes and titles,
- Contact details (email address, phone number, fax),
- Date of birth.
For corporate customers, this may include:
- Designation of your legal representatives
- Company name, Commercial register number, VAT identification number, company number,
- Contact details of the designated contact person (email address, phone number, fax).
Your banking information, such as:
- Account details,
- SEPA mandates,
- Data related to payments and receivables, payment history (e.g., fulfilled receivables and outstanding balances, dunning and blocking events, write-offs, information on the transfer of receivables to debt collection agencies)
Furthermore, we also process the following additional personal data:
Information about the nature and content of our business relationship (contract data), e.g.:
- Business partner number (customer number), contract account number, project number
- Selected products/tariffs, contract conditions, and other contract data (e.g., promotion/discount codes)
- Differing billing recipients/payors/payment recipients,
- Data related to offers and orders, contract history,
- Data about the delivery point (e.g., meter number, market location)
- Other contract-related data (e.g., tax exemptions, supply security reasons)
- Meter and counter data (e.g., meter readings, consumption)
- Billing data, turnover and document data,
Market communication data, such as:
- Previous supplier
- Successor supplier
- Documentation data (e.g., consultation protocols),
- Information from your electronic communication with BayWa (e.g., IP address, login data),
- Other data that we have received from you in the context of our business relationship (e.g., during customer conversations),
- 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 “MsbG” (Metering point operation law), the German “HGB” (Commercial Code) or the “AO” (Tax Code), money laundering regulations, product-specific regulations such as the “Gefahrstoffverordnung” (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:
- Measures for business management and further development of services and products;
- in the context of legal proceedings to investigate or prevent criminal activities (e.g., electricity theft).
- 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. 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 centers, metering point and network operators, IT service providers that we need for the operation and security of our IT system and debt collection companies.
Your data will be processed for the legally required comparison with terrorist and sanctions lists in customer databases of BayWa AG and its subsidiaries, including BayWa r.e.
Customer data is stored separately for each company, with BayWa AG acting as a service provider for the individual participating companies.
For an overview of the subsidiaries of BayWa AG, please refer to the following link: Corporate Profile | BayWa AG
In cases of legal obligations and as part of legal proceedings, authorities, courts, and external auditors may be recipients of your data.
5. 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 “HGB” (Commercial Code) or the “AO” (Tax Code)); in addition, until the end of any legal disputes in which the data is required as evidence.
6. 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.
7. 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. Bürgerstrom GmbH, 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.
8. 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.