Status: September 2021
The protection of your personal data is particularly important to us. We therefore process your personal data (“data” for short) exclusively on the basis of the statutory provisions. With the 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 within the meaning of the European General Data Protection Regulation (EU DS-GVO).
BayWa AG, Arabellastr. 4, 81925 Munich, email: email@example.com, phone: 089/9222-0. BayWa's data protection officer can be reached at the address given or by e-mail at firstname.lastname@example.org. BayWa AG has set up a service center for concerns of data subjects, which can be contacted by email at email@example.com, by post at BayWa CS GmbH, CSC Passau, Salzweger Str. 5, 94034 Passau, or using an online form can be reached at www.baywa.de.
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, from publicly accessible sources (e.g. company register, association register, land register, media) and other companies with which we have a permanent business relationship.
Personal data includes:
Your master/contact details such as:
- First and last name, address, contact details (e-mail address, telephone number, fax), date of birth, data from the submitted proof of identity (copy of ID), bank details
- As a corporate customer or supplier additionally: designation of your legal representative, company, commercial register number, VAT ID number, company number, address, contact person contact details (e-mail address, telephone number, fax), bank details
In addition, we also process the following other personal data:
- Information about the nature and content of our business relationship such as contract data, order data, sales and document data, customer and supplier history, consulting documents, vehicle data,
- Information about your financial status (e.g. creditworthiness data),
- Advertising and sales data, including the data that is generated when you react to our (direct) marketing activities (e.g. calling up a newsletter, recording click behaviour)
- Documentation data (e.g. consultation protocols), image data,
- Information from your electronic communication with BayWa (e.g. IP address, log-in data, data generated when using our websites/the BayWa portal or apps),
- Other data that we have received from you as part 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 needs and customer potential analyses.
- The documentation of your declaration of consent to receive newsletters, for example.
- Image data from video surveillance systems - Photographs lawfully taken at public events
We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the BDSG 2018 as amended:
To fulfill (pre-)contractual obligations (Art. 6 Para. 1lit.b DS-GVO):
Your data is processed for the sale and distribution of our goods and services, for procurement and logistics purposes and for supplier and customer management and analysis. The data is processed in particular when initiating business and when executing contracts with you, for example in the following cases:
- Creation and management of a customer account or a supplier account
- contract negotiations
- Delivery of orders
- Management of customer cards, e.g. the BayWa fuel card
- Participation in sweepstakes
- Sending information, e.g. requesting a catalogue
- Implementation of the application process (in conjunction with § 26 BDSG)
To fulfill legal obligations (Art. 6 Para. 1lit.c DS-GVO):
Processing of your data is necessary for the purpose of fulfilling various legal obligations, e.g. from the Commercial Code or the Tax Code, money laundering regulations, product-specific regulations such as the Hazardous Substances Ordinance. In the event of inquiries from the police, we may be obliged to provide information under certain regulations (e.g. the Code of Criminal Procedure).
To protect legitimate interests (Art 6 Para. 1 lit.f DS-GVO):
Due to a balancing of interests, data processing can take place beyond the actual fulfillment of the contract to protect our legitimate interests or those of third parties. Data processing to protect legitimate interests takes place, for example, in the following cases:
- Consultation of and data exchange with credit agencies and creditor protection associations to determine creditworthiness data and maintaining a group-wide creditworthiness database to identify financial default risks at common customers;
- Advertising or marketing including a personalized, needs-based design of the advertising content, also taking into account the preferences derived from our customer database
- Provision of the BayWa community
- Measures for business management and further development of services and products; this includes the further development of established internal IT systems, including the testing of new functionalities, taking technical and organizational measures into account
- Maintaining a group-wide customer database to improve customer service
- Measures to protect the BayWa sites from breach of contract or illegal behavior, e.g. access controls, video surveillance;
- in the context of legal prosecution.
- Business partner screening against international sanctions / terror lists
- Setting of (approval-free) cookies that are technically required to operate a website or improve the user experience
Within the scope of your consent (Art 6 Para. 1lit.a DS-GVO):
If you have given us your consent to process your data, processing will only take place in accordance with the purposes specified in the declaration of consent and to the extent agreed therein. A given consent can be revoked at any time with effect for the future, e.g. to send our newsletter. To do this, please contact the BayWa service center mentioned under No. 1.
We also use your data to communicate with you about your orders, specific products or marketing campaigns and to recommend products or services that may interest 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 tariffs. To do this, please contact the BayWa service center mentioned under No. 1.
Product recommendations by email
Under the legal requirements of Section 7 (3) UWG, BayWa is entitled to use the e-mail address that you gave us when ordering a product or service for direct advertising of its own similar goods or services. You will receive these product recommendations from us regardless of whether 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 transmission costs according to the basic tariffs. To do this, please contact the BayWa service center mentioned under No. 1. Of course, every e-mail always contains an unsubscribe link.
We use the so-called double opt-in procedure to send the newsletter, which may also be personalized, i.e. we will only send you a newsletter by e-mail if you have previously expressly confirmed to us that we activate the newsletter service should. We will then send you 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 you later no longer wish to receive newsletters from us, you can object to this at any time without incurring any costs other than the transmission costs according to the basic tariffs. A message in text form to the BayWa service center mentioned under No. 1 is sufficient for this. Of course, you will also find an unsubscribe link in every newsletter.
Profiling when visiting this website and in customer care
Profiling on the basis of your click behavior can take place on our website. This profiling serves to improve your customer experience when you visit our website. For example, if you are mainly interested in products and content related to agriculture, the next time you visit the website, you will be redirected to the "Agriculture" target group entry page. Furthermore, individual specialist articles or offers in connection with your surfing behavior on our website will be suggested to you. For example, you will see new items from the "Pet Food" section on our home page if you have already purchased pet food from our online store or viewed some pet-related content on our website. If you do not want this, you can set up your browser so that it informs you about the setting of cookies and you only allow this in individual cases. If cookies are deactivated, the functionality of our website may be restricted.
If you do not want personalized content to be displayed to you as a registered and logged-in customer of the online portal, you can object to this by writing an e-mail to firstname.lastname@example.org.
Profiling is also carried out as part of our customer relationship management on the basis of your shopping behavior in our branches and from customer discussions.
In all of the above cases, there is no automated decision-making within the meaning of the GDPR.
Data transmission to credit agencies
BayWa AG transmits personal data collected as part of our contractual relationship about the initiation of the contract, the application, the implementation and termination of this business relationship as well as data about behavior that is not in accordance with the contract or fraudulent behavior to the following credit agencies: SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Bisnode Deutschland GmbH , Robert-Bosch-Strasse 11, 64293 Darmstadt, Coface Central Europe Holding AG, Stubenring 24, A-1010 Vienna, CRIF Bürgel GmbH, Leopoldstrasse 244, 80807 Munich, CRIF GmbH, Diefenbachgasse 35, AT-1150 Vienna, Creditreform, Machtlfinger Strasse 13, 81302 Munich, EOS Deutschland GmbH, Gottlieb-Daimler-Ring 7-9, 74906 Bad Rappenau, Euler Hermes AG, Grasstrasse 29, 22761 Hamburg. The legal basis for these transfers is Article 6 Paragraph 1 Letter b and Article 6 Paragraph 1 Letter f of the General Data Protection Regulation (GDPR). Transmissions on the basis of Article 6 paragraph 1 letter f DS-GVO may only take place if this is necessary to protect the legitimate interests of BayWa AG or third parties and not the interests or fundamental rights and freedoms of the person concerned, which require the protection of personal data, predominate. The exchange of data with these credit agencies also serves to prevent fraud and verify identity. BayWa AG can use the correspondence rates transmitted by the credit agency and, if necessary, based on a reference to an ID card-based legitimacy check carried out by the credit agency or another business partner in the past, to determine whether a person is stored in the database of the credit agency at the address given by the customer. The credit bureaus process data and also use them for the purpose of profiling (scoring) in order to provide their contractual partners in the European Economic Area and Switzerland and possibly other third countries (if the European Commission has made an adequacy decision on these) information, among other things, to assess the creditworthiness of to give to natural persons. Further information on SCHUFA's activities can be viewed online at www.schufa.de/datenschutz. The data protection information of the other credit agencies mentioned can also be viewed online on their website.
When do we obtain a credit check on you?
If you, as a commercial or private customer, submit an application to open an account for deliveries and services (“account opening application”), we will create a customer account for you and, provided you have an appropriate credit rating, grant you a credit limit for deliveries and services that Purchase on account possible. Such an active customer account represents a continuing obligation with a credit risk for us, which is why we have a legitimate interest in being informed about changes in your creditworthiness - by setting up a permanent account with the credit agency or obtaining information at certain intervals or in special incidents such as default in payment - to be informed. If you register and shop exclusively in one of our online shops as a commercial or private customer ("online customer"), we only obtain the aforementioned creditworthiness information if you use an insecure payment method (purchase on account, direct debit) at check-out. have chosen.
Management of a group-wide creditworthiness database
If we have obtained creditworthiness data about you from a credit agency within the scope of legal admissibility, we store this in a system to which the Group companies participating in BayWa credit management have access. The aim of this is to make it easier to process transactions for joint customers and to identify financial default risks. The creditworthiness database is only accessed if there is a legitimate interest for the respective group company.
If we use a service provider in the sense of order processing, we remain responsible for the protection of your data. All processors are contractually obliged to treat your data confidentially and only process it within the scope of the provision of services. The processors commissioned by us will receive your data if they need the data to fulfill their respective service. These are, for example, 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 the BayWa customer database. The BayWa customer database supports the improvement of the data quality of the existing customer data (deduplication, moved/deceased indicator, address correction) and enables data from public sources to be enriched. This data is made available to the BayWa Group companies that participate in the BayWa customer database (participating companies) and can be used for personalized direct marketing campaigns (e.g. newsletters), for targeted online marketing and personalized online shop design.
With the BayWa customer database, participating companies that look after the same customers can use information about these customers across organizations. The aim of this approach is to always provide customers with the most up-to-date and relevant information. This processing of customer interests constitutes profiling within the meaning of Art. 4 GDPR; there is no automated decision-making. The storage of customer data is company-related and separate, with BayWa AG acting as a service provider for the individual participating companies.
If an offer/sale is made via manufacturer portals, the data you provide will be processed directly in the manufacturer's portal.
If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors can be recipients of your data.
In addition, insurance companies, banks, credit agencies, service providers and suppliers (e.g. when purchasing goods directly) may be recipients of your data for the purpose of initiating and fulfilling contracts.
We process your data until the end of the business relationship or until the applicable guarantee, warranty, statute of limitations and statutory retention periods (e.g. from the German Commercial Code or the Tax Code) have expired; in addition, until the end of any legal disputes in which the data is required as evidence.
In the case of video surveillance, the image data is usually deleted after 7 days, in the case of manned petrol stations it is deleted after 3 days and in the case of unmanned petrol stations after 40 days.
In the community, we only store your personal data for as long as is necessary to achieve the purposes stated here or as provided for by the various storage periods provided for by law. After the respective purpose has ceased to exist or these periods have expired, the corresponding data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
Please note that sending unencrypted e-mails is considered insecure, since unauthorized persons can take note of the content of the e-mail and possibly manipulate it. We therefore advise you not to send any sensitive data by e-mail when communicating with us. As an applicant, please use our applicant portal, as your application documents will be transmitted securely there. Should it ever be necessary to send sensitive data by e-mail, please use a content encryption option.
General information about cookies
For more information on the purposes of these optional tracking and analytics cookies, see the "About Optional Cookies" section below.
Legal bases, possibility of objection and revocation of your consent
In the case of technically necessary cookies and cookies to improve user-friendliness, your data will be processed on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR. Our legitimate interest lies in being able to offer a website for general information and communication purposes, for advertising purposes and for the online sale of goods. You can object to the use of these cookies at any time by making the appropriate settings in your browser that prevent our website from setting cookies. Please note that in this case it is not possible to display our website correctly.
With the optional tracking cookies, your data is processed on the basis of your consent in accordance with Article 6 (1) (a) GDPR, which you can revoke at any time. For this purpose we have set up a cookie manager in which you can manage your cookie preferences. You can find the cookie manager here.
Information on optional cookies
Technically unnecessary cookies are those that save your preferences and that we use for marketing or statistical purposes. The legal basis for the processing of these optional cookies is your consent in accordance with Article 6 (1) (a) GDPR, which you can revoke at any time in our cookie manager.
We use the following marketing and statistical tools on the basis of your consent, provided you have given us this as part of our cookie banner:
Google Remarketing and Ads: On this website we use Google's remarketing and ads function. With this technology, users who have already visited our website are addressed again through targeted advertising on the pages of the Google Partner Network. For this purpose, Google stores small text files (so-called cookies) on your computer, with which the visit to the website can be analyzed and then used for targeted product recommendations and interest-based advertising.
Google Analytics: This website uses Google Analytics, an internet analysis service provided by Google. Google Analytics uses so-called cookies (small text files) that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookies about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activity for the website operator and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate your IP address with other Google data. We would like to inform you that this website only uses Google Analytics using a deactivation add-on "_anonymizeIp()". Your IP address will not be saved in full. The identification of the visitor to the website is excluded. We also use the technical extension "Google Signals", which enables cross-device tracking. This allows an individual website visitor to be assigned to different end devices and interaction data to be traced. However, this only happens if the visitor has logged into a Google service when visiting the website and at the same time has activated the "Personalized advertising" option in his Google account settings. Even then, however, no personal data or user profiles are accessible to us; they remain anonymous to us. The UserID analytics function enables us to track interaction data in an anonymous form, such as logging in and using our portals with different end devices. The user ID is not associated with other data. If you do not want Google Signals and UserID to be used, you can deactivate the "Personalized advertising" option in your Google account settings.
Microsoft Ads (formerly Bing Ads): Our online offers also use conversion tracking from Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). Microsoft Ads sets a cookie on your computer if you have reached our website via a Microsoft ad. In this way, Microsoft Ads and we can recognize that someone has clicked on an ad, was redirected to our website and has reached a predetermined target page (conversion page). We only learn the total number of users who clicked on a Bing ad and were then redirected to the conversion page. No personal information on the identity of the user is communicated. Further information on data protection and the cookies used by Microsoft Bing can be found on the Microsoft website: https://privacy.microsoft.com/de-de/privacystatement.
CRITEO: Anonymous information about the surfing behavior of website visitors is collected and stored on our website using Criteo GmbH technology for marketing purposes. This data is stored in cookies on the visitor's computer. Criteo GmbH uses an algorithm to analyze the anonymously recorded surfing behavior and can then display targeted product recommendations as personalized advertising banners on other websites (so-called publishers). Under no circumstances can this data be used to personally identify you as a visitor to our website. The collected data is only used to improve the offer. This information will not be used in any other way or passed on to third parties. Further information on the technology used is available here https://www.criteo.com/de/privacy/.
New Relic: On the website www.community.baywa-landwirtschaft.de, New Relic, a web analysis service provided by New Relic Inc., collects and stores data from which usage profiles are created using pseudonyms. These profiles serve to comply with the technical service level agreement between the operator of the platform and the technical service provider, in particular the application monitoring and alerting required for this. Furthermore, these are also used to analyze visitor behavior and are evaluated to improve and tailor our offer to needs. Cookies can be used. For more information, visit: https://newrelic.com/privacy.
Google Maps: When using Google Maps, Google also processes data about the use of the map functions. However, the content of Google Maps is only loaded when the user actively uses the map service. You can find more information about data processing by Google in the Google data protection information (https://policies.google.com/privacy?hl=de). There you can also change your personal data protection settings in the data protection center.
Video portal Vimeo: Plugins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on our websites. By interacting with the Vimeo plugins (clicking the start button), information about your visit and your IP address is transmitted to a Vimeo server in the USA and stored there. If you have a Vimeo user account and do not want Vimeo to collect data about you via this website and link it to your member data stored on Vimeo, you must log out of Vimeo before interfacing with the Vimeo video. The data protection declaration for Vimeo with more detailed information on the collection and use of your data by Vimeo can be found at https://vimeo.com/privacy. In addition, Vimeo calls the Google Analytics tracker via an iFrame in which the video is called up. This is Vimeo's own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some internet browsers. Users can also prevent the data generated by Google Analytics and related to their use of the website (including their IP address) being sent to Google and the processing of this data by Google by using the browser plug-in available under the following link Download and install: https://tools.google.com/dlpage/gaoptout
Google reCAPTCHA: We also use the reCAPTCHA function from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google") on our website. This function is primarily used to distinguish whether an entry is made by a natural person or whether it is misused by machine and automated processing. We use the service based on our legitimate interests in the security and prevention of misuse of our offer in accordance with Article 6 Paragraph 1 lit. The service includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Article 6 (1) (f) GDPR on the basis of our legitimate interest in determining whether actions in the Internet and avoiding abuse and spam. Further information on Google reCAPTCHA and Google's data protection declaration can be found at: https://www.google.com/intl/de/policies/privacy/.
Facebook Inc. (1601 S. California Ave - Palo Alto - CA 94304 - USA)
Twitter Inc. (795 Folsom St. - Suite 600 - San Francisco - CA 94107 - USA)
Google Plus/Google Inc. (1600 Amphitheater Parkway - Mountain View - CA 94043 - USA)
WhatsApp Ireland Limited (4 Grand Canal Square- Grand Canal Harbor - Dublin 2 – Ireland)
Pinterest Europe Ltd. (Palmerston House - 2nd Floor - Fenian Street - Dublin 2 - Ireland)
XING AG (Gänsemarkt 43 - 20354 Hamburg - Germany) LinkedIn Corporation (2029 Stierlin Court - Mountain View - CA 94043 - USA)
Tumblr Inc. (770 Broadway - New York - NY 10003 - USA) Reddit (520 - 3rd Street - San Francisco - CA 94107 - USA)
StumbleUpon, Inc. (660 4th Street - #558 - San Francisco - CA 94107 – USA’)
Integration of the Trusted Shops: Trustbadge The Trusted Shops Trustbadge is integrated on this website to display our Trusted Shops seal of approval and any reviews collected, as well as to offer Trusted Shops products to buyers after an order. This serves to safeguard our overriding legitimate interests in optimal marketing by enabling secure shopping in accordance with Article 6 Paragraph 1 Sentence 1 lit. f GDPR. The Trustbadge and the services advertised with it are an offer from Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. The Trustbadge is provided as part of an order processing by a CDN provider (Content Delivery Network). Trusted Shops GmbH also uses service providers from the USA. An appropriate level of data protection is ensured. When the Trustbadge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, date and time of the call, amount of data transferred and the requesting provider (access data) and documents the call. Individual access data is stored in a security database for analysis of security issues. The log files are automatically deleted no later than 90 days after creation. Further personal data is transferred to Trusted Shops GmbH if you decide to use Trusted Shops products after completing an order or have already registered to use them. The contractual agreement made between you and Trusted Shops applies. For this purpose, personal data is automatically collected from the order data. Whether you are already registered as a buyer for product use is automatically checked using a neutral parameter, the e-mail address hashed using a cryptological one-way function. Before it is sent, the e-mail address is converted into this hash value, which Trusted Shops cannot decrypt. After checking for a match, the parameter is automatically deleted. This is necessary for the fulfillment of our and Trusted Shops' overriding legitimate interests in the provision of the buyer protection linked to the specific order and the transactional evaluation services in accordance with Article 6 (1) sentence 1 lit. f GDPR. Further details, including objections, can be found in the Trusted Shops data protection declaration linked in the Trustbadge.
In principle, we do not transmit any data to a third country. In individual cases, data will only be transmitted on the basis of an adequacy decision by the European Commission, standard contractual clauses, suitable guarantees or your express consent.
You have the right to information, correction, deletion or restriction of the processing of your stored data at any time, a right to object to the processing and a right to data portability and a right to lodge a complaint in accordance with the requirements of data protection law.
Right of providing information: You can request information from us as to whether and to what extent we process your data. Right to rectification: If we process your data that is incomplete or incorrect, you can request that we correct or complete it at any time.
Right to erasure: You can request us to delete your data if we are processing 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 statutory retention requirements. Irrespective of whether you exercise your right to deletion, we will delete your data immediately and completely, provided there is no legal or statutory retention period to the contrary.
Right to restriction of processing: You can ask us to restrict the processing of your data if
- you dispute the accuracy of the data, for a period that enables 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 of data 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 can request that we provide you with the data you have provided to us in a structured, common and machine-readable format and that you can transmit this data to another person responsible without hindrance from us, provided that
- we process this data on the basis of revocable consent given by you or for the performance of a contract between us, and
- this processing is carried out using automated procedures.
If it is technically feasible, you can request that we transfer your data directly to another person in charge.
Right to object: If we process your data based on a legitimate interest, you can object to this data processing at any time for reasons that arise from your particular situation; this also applies to profiling based on these provisions. We will then no longer process your data unless we can demonstrate compelling legitimate grounds for 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 are violating German or European data protection law when processing your data, we ask that you contact us so that we can clarify any questions. You also have the right to lodge a complaint with a data protection authority at any time. You can contact the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us. The data protection supervisory authority responsible for BayWa AG is the Bavarian State Office for Data Protection Supervision.
If you wish to assert one of the rights mentioned against us, please contact the BayWa service center mentioned under No. 1. If in doubt, we may request additional information to confirm your identity.
The processing of your data is necessary to conclude or to fulfill your contract with us. If you do not provide us with this data, we will generally have to refuse to conclude the contract or execute the order, or we will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data that is not relevant for the fulfillment of the contract or is not required by law.