Data Privacy Policy

As of: October 2023

We take the protection of your personal data very seriously. We therefore process your personal data (“data” for short) exclusively on the basis of statutory provisions. This Data Privacy Policy provides information about the processing of your data in our company and covers extensively the data protection entitlements and rights granted to you within the meaning of the European General Data Protection Regulation (EU-GDPR).

The responsible party is BayWa AG, Arabellastr. 4, 81925 Munich, E-Mail: info1@baywa.de, Tel: .

The Data Protection Officer of BayWa AG can be contacted at the address provided or by sending an email to datenschutzbeauftragter@baywa.de.

BayWa AG 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 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 campaigns and to recommend products or services that may be of interest to you.
You can object to the use of your personal data for advertising purposes at any time, either in whole or for individual measures, without incurring any costs other than the transmission costs according to the prime rates. To do so, please contact the BayWa service center mentioned under No. 1. 

Product recommendations by e-mail
BayWa is entitled, under the legal conditions of Section 7 (3) of the German Unfair Competition Act (UWG), to use the e-mail address that you provided to us when ordering a product or service for direct advertising for 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 rates. To do so, please contact the BayWa service center mentioned under No. 1. Of course, an unsubscribe link is always included in every e-mail.

Newsletter
For sending the newsletter, which may also be personalized, we use the so-called double opt-in procedure, i.e. we will only send you a newsletter by e-mail if you have previously expressly confirmed that you want us to activate the newsletter service. We will then send you a notification e-mail and ask you to confirm that you would like to receive our newsletter by clicking on a link contained in this e-mail.
Should 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 prime rates. A message in text form to the BayWa service center mentioned under No. 1 is sufficient for this purpose. Of course, you will also find an unsubscribe link in every newsletter.

Profiling during visits to this website and during customer support.

Profiling may take place on our website based on your click behavior. This profiling is used to improve your customer experience when you visit our website. For example, if you are mainly interested in products and content related to agriculture, you will be redirected directly to the "Agriculture" target group entry page the next time you visit the website.

Furthermore, individual specialist articles or offers are suggested to you in connection with your surfing behavior on our website. For example, new articles from the "Pet Food" section will be displayed on our home page if you have already purchased pet food in our online store or viewed some pet-related content on our website. If you do not want this to happen, you can set your browser to inform you about the setting of cookies and only allow it on a case-by-case basis. When disabling cookies, the functionality of our website may be limited.

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 sending an e-mail to service@baywa.de.

Profiling is also carried out as part of our customer relationship management based on your shopping behavior in our stores and customer conversations.

In all of the aforementioned cases, no automated decision-making within the meaning of the DS-GVO takes place.

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 preferences.

The purpose of the BayWa customer database is to enable the customer service teams of participating subsidiaries responsible for the same customer to share the customer's information available across the entire organisation. This approach aims at providing our customers with the most up to date and relevant information available. This processing of customer interests qualifies as profiling in the meaning of Article 4 GDPR; no automated individual decisions are made. Customer data is stored in company-specific and separate databases, with BayWa AG providing services to the individual participating subsidiaries.

Where manufacturer portals are used to submit offers or close sales, the data disclosed by you will be processed directly within the manufacturer portal.

Your data may be disclosed to authorities, courts and external auditors if we are required to disclose them on the basis of a statutory obligation or for law enforcement purposes.

Your data may also be disclosed to insurances, banks, credit agencies and service providers for the purpose of negotiating and performing a contract.

We process your data until our business relationship with you ends, or until the expiry of the applicable warranty, guarantee, limitation or statutory retention periods (such as those prescribed in the German Commercial Code or the German Tax Code); your data may be stored for a longer period in the case of pending legal disputes requiring the data for evidentiary purposes.

The video surveillance system generally stores image data for 7 days after which they are deleted. In filling stations with operating personnel, the data are deleted after 3 days, for unmanned filling stations this data is deleted after 40 days.

Within the Community, we only store your personal data as long as necessary to achieve the purposes mentioned here or as required according to the various statutory storage periods determined by the competent legal authorities. Once the respective purpose ceases to exist or the storage periods have elapsed, access to the corresponding data will be blocked automatically or they will be automatically deleted in accordance with the statutory requirements.

Please note that sending unencrypted e-mails and, if applicable, faxes is considered insecure, as unauthorized persons can take note of the content of the e-mail or fax and possibly manipulate it. We therefore advise you not to send any sensitive data by e-mail or fax when communicating with us. As an applicant, please use our applicant portal, where your application documents are transmitted securely. Should it be necessary to send sensitive data by e-mail, please use a content encryption option. You can find instructions here.

When using Google Maps, Google also collects, processes and uses data about the visitor's usage of the different functions of map service. For further information on the processing of data by Google, please refer to Google's data privacy policy (https://policies.google.com/privacy?hl=en). There, you can also change your individual privacy settings.

If we have integrated so-called “social media buttons” on our pages, we use the “Shariff” solution to protect your data during implementation. This means that these buttons are only integrated on the website as a graphic that contains a link to the corresponding website of the button provider. By clicking on the graphic, you will be redirected to the services of the respective provider. Only then will your data be sent to the respective provider. If you do not click on the graphic, there will be no exchange between you and the providers of the social media buttons. Information about the collection and use of your data in the social networks can be found in the respective terms of use of the corresponding providers. 

We have integrated the social media buttons of the following companies on our website:

• 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 Amphitheatre Parkway - Mountain View - CA 94043 - USA)
• WhatsApp Ireland Limited (4 Grand Canal Square- Grand Canal Harbour - Dublin 2 - Ireland)
• Pinterest Europe Ltd (Palmerston House - 2nd Floor - Fenian Street - Dublin 2 - Ireland)
• XING AG (Gänsemarkt 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')

Third countries are all countries outside the European Economic Area. The European Economic Area includes all countries of the European Union as well as the countries of the so-called European Free Trade Association (Norway, Iceland and Liechtenstein). The transfer to a third country takes place on the basis of an adequacy decision by the European Commission. If there is no adequacy decision of the European Commission for the respective third country, the transfer to a third country is based on suitable guarantees within the meaning of Art. 46 para. 2 GDPR, usually so-called standard data protection clauses of the European Union. Copies of these guarantees can be requested from us using the contact details of the data protection officer given above. 

You have a right to information, correction, deletion or restriction of the processing of your stored data at any time, a right to object to the processing as well as a right to data portability and to lodge a complaint in accordance with the requirements of data protection law.

You can request information about your personal data processed by us in accordance with Art. 15 GDPR. In your request for information, you should specify your request in order to make it easier for us to compile the necessary data. Please note that your right to information may be restricted under certain circumstances in accordance with the statutory provisions (in particular Section 34 BDSG).

If the information concerning you is not (or no longer) correct, you can request a correction in accordance with Art. 16 GDPR. If your data is incomplete, you can request that it be completed.

You can request the erasure of your personal data under the conditions of Art. 17 GDPR. Your right to erasure depends, among other things, on whether the data concerning you is still required by us to fulfill our legal obligations.

Within the framework of the provisions of Art. 18 GDPR, you have the right to request that the processing of data concerning you be restricted.

In accordance with Art. 20 GDPR, you have the right to receive selected data stored by us about you in a common, machine-readable format or to request that it be transferred to another controller. 

If we process your data for legitimate interest, you may object to this data processing at any time on grounds relating to 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 the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims. You may object to the processing of your data for the purpose of direct marketing at any time without giving reasons.

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

If you wish to assert one of the aforementioned rights against us, please contact the BayWa service center mentioned under No. 1. In case of doubt, we may request additional information to confirm your identity.