As of: April 2023
The responsible party is BayWa AG, Arabellastr. 4, 81925 Munich, E-Mail: firstname.lastname@example.org, Tel: +49 89 9222-0.
The Data Protection Officer of BayWa AG can be contacted at the address provided or by sending an email to email@example.com. BayWa AG has established a Service Centre for queries of data subjects which can be submitted via email to firstname.lastname@example.org, by mail to BayWa CS GmbH, CSC Passau, BayWa-Str. 6, 94034 Passau, Germany, or using the Internet form at www.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.
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 email@example.com.
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.
BayWa AG transmits personal data collected during the course of our contractual relationship concerning contractual negotiations, the initiation, performance and termination of our business relationship, as well as data concerning non-conforming or fraudulent conduct to the following credit agencies: SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany; Bisnode Deutschland GmbH, Robert-Bosch-Strasse 11, 64293 Darmstadt, Germany; Coface Central Europe Holding AG, Stubenring 24, AT-1010 Vienna, Austria; CRIF Bürgel GmbH, Radlkoferstrasse 244, 80807 Munich, Germany; CRIF GmbH, Diefenbachgasse 35, AT-1150 Vienna, Austria; Creditreform, Machtlfinger Strasse 13, 81302 Munich, Germany; EOS Deutschland GmbH, Gottlieb-Daimler-Ring 7-9, 74906 Bad Rappenau, Germany. The legal bases for these data transmissions is Article 6 para. 1 lit. b and Article 6 para. 1 lit. f GDPR. Data may only be transmitted on the basis of Article 6 para. 1 lit. f GDPR to the extent the transmission is necessary to protect the legitimate interests of BayWa AG or a third-party which prevail over the data subject's interests, fundamental rights and fundamental freedoms that require the protection of personal data. The exchange of data with these credit agencies also serves the purpose of preventing fraud and verifying the identity. BayWa AG can use the match rating provided by the credit agency and, where applicable, references to an identity-card-based legitimation check carried out with the credit agency or another business partner to find out whether a certain person's information are recorded in the credit agency's data set for the address indicated by the customer.
The credit agency processes the data received and also uses it for the purpose of generating profiles (scoring) for providing its contracting partners within the EEC and Switzerland, as well as additional third-party countries (provided there is an adequacy decision by the European Commission for such country) with information that can, inter alia, be used to assess the creditworthiness of a natural individual. For further information on SCHUFA's activities, please refer to the website: schufa.de/datenschutz. The data protection information of the other credit agencies mentioned-above can be reviewed on their respective websites, as well.
If, as a commercial customer or private retail customer, you submit an account application for supplies and services, we will create a customer account for you and grant you a credit limit – matching your creditworthiness – which allows you to purchase on account. Such customer account is a continuous contractual obligation which allows us to establish a continuous account at the credit agency to keep us informed about any changes in your credit rating.
Keeping a group-wide credit rating database
Provided that we have lawfully obtained your credit rating data from a credit agency, we will store such data in a system that is accessible to the affiliated companies that participate in the BayWa credit management system. This serves the purpose of facilitating transaction processing for mutual customers and to detect financial default risks. The creditworthiness database is only accessed if the respective affiliated company has a legitimate interest.
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.
You can apply directly to jobs posted on our e-recruiting system by entering your data in an application profile created individually for the posted position. We will keep you informed about the processing status of your application, usually by email. Once the application procedure has been concluded by a rejection on our part, we will store your application documents for a period of six months in order to be able to answer questions in connection with your application and its rejection. Your application documents will then be completely deleted; no separate notification will be made. For detailed information on the processing of data in the course of the application process, please refer to this link.
Please note that sending unencrypted email is considered unsafe since unauthorized persons may read and/or copy the contents of the email and could potentially manipulate the contents. This is the reason we advise you not to send any sensitive data via email when communicating with us. As a job applicant, please use our application portal since this tool transfers your application data using a secured path. If, in exceptional cases, you need to send sensitive information via email, please use a tool to encrypt the contents of the message. You will find instructions how to do this here.
General information on cookies
Using cookies also serves to improve the overall user experience. For example, we use so-called session cookies in order to recognise that you have already visited individual pages of our website or that you are already logged in to your customer account. A session ends 30 minutes after leaving the website. Furthermore, we also use certain temporary cookies for optimising the user experience which are stored on your device for a predefined period. Once you return to our website to use our services, we will recognise automatically that you have already visited our website, what data you have entered and which settings you have made to avoid that you have to re-enter such data and repeat such configuration.
Legal bases, possibilities to opt out and revoking your consent
For technically required cookies and cookies for optimising the user experience your data is processed on the basis of our legitimate interests according to article 6 para. 1 lit f GDPR. Our legitimate interest is to offer a website for general information and communication purposes, for advertising purposes and for the online sales of goods. You can opt out of using these cookies at any time by changing the corresponding settings in your browser which will prevent our website from generating cookies. Please note that our website may not be displayed correctly after opting out.
For all optional tracking cookies, processing of your data is based on your consent in accordance with article 6 para. 1 lit a of the GDPR which you have the right to revoke at any time. For this purpose, we have set up a cookie manager which allows you to manage your cookie preferences. To open the cookie manager, please click here.
Information on optional cookies
Cookies which are technically not required are such cookies with which we capture your preferences and which we use for marketing or statistical purposes. The legal basis for processing these optional cookies is your consent in accordance with article 6 para. 1 lit a of the GDPR which you can revoke at any time in our cookie manager.
We use the following marketing and statistical tools based on your consent provided you have given us your consent in our cookie banner:
Google Remarketing and Ads: On this website, we use the remarketing and ads function of Google. Through this technology, users who have already visited our website once are approached again through targeted advertising on the pages of the Google Partner Network. The legal basis for the processing of data is your consent Art. 6 para. 1 s. 1 lit. a DSGVO and §25 para. 1 p. 1 TTDSG. 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 subsequently 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), which are stored on your computer and which 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) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. We inform you that this website uses Google Analytics exclusively by using a deactivation add-on "_anonymizeIp()". Your IP address will not be stored in its entirety. The identification of the visitor of the website is excluded. We also use the technical extension "Google Signals", which enables cross-device tracking. This makes it possible to associate an individual website visitor with different end devices, as well as to track interaction data. However, this only happens if the visitor has logged into a Google service when visiting the website and has also activated the "personalized advertising" option in their Google account settings. Even then, however, no personal data or user profiles become accessible to us; they remain anonymous to us. The UserID analytics function enables us to track interaction data in anonymized form, such as logging in and using our portals with different end devices. The UserID is not associated with any other data. The legal basis for the processing of data is your consent Art. 6 para. 1 s. 1 lit. a DSGVO and §25 Abs. 1 S. 1 TTDSG. If you do not wish to use Google Signals and UserID, you can deactivate the "personalized advertising" option in your Google account settings.
Microsoft Ads (formerly Bing Ads): Our online offers additionally use the conversion tracking of Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). In this process, Microsoft Ads sets a cookie on your computer if you have accessed our website via a Microsoft ad. In this way, Microsoft Ads and we can recognize that someone has clicked on an ad, been redirected to our website and reached a previously determined 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 about the identity of the user is disclosed. The legal basis for the processing of data is your consent Art. 6 para. 1 s. 1 lit. a DSGVO and §25 Abs. 1 S. 1 TTDSG. For more information on data protection and the cookies used by Microsoft Bing, please visit the Microsoft website: https://privacy.microsoft.com/de-de/privacystatement .
CRITEO: On our websites, anonymized information about the surfing behavior of website visitors is collected and stored for marketing purposes by a technology of Criteo GmbH. 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 identify you personally as a visitor to our websites. The collected data will only be used to improve our offer. This information is not used in any other way or passed on to third parties. The legal basis for the processing of data is your consent Art. 6 para. 1 s. 1 lit. a DSGVO and §25 Abs. 1 S. 1 TTDSG.Further information on the technology used can be found here https://www.criteo.com/de/privacy/ .
Outbrain: Outbrain is an advertising service that provides recommendations on user interests. The processing company and data recipient is Outbrain Inc. 39 West 13th Street, 3rd floor, New York, NY 1001, United States of America. The purposes of data collection and processing are advertising and conversion tracking, cookies and pixels are used for this purpose. The following data is collected by or through the use of this service: anonymized IP address, browser type, date and time of visit, device information, device operating system, referrer URL, websites visited. The legal basis for the processing is your consent according to Art. 6 para. 1 p. 1 lit a DS-GVO and § 25 para. 1 p. 1 TTDSG. Cookies are stored for 5 minutes to measure the efficiency of marketing. The data protection information of the data processor can be found at https://www.outbrain.com/privacy.
Microsoft Clarity: On this website, various user information is collected and stored via the "Microsoft Clarity" service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA (hereinafter "Microsoft") for statistical analysis of user behavior and for optimization and marketing purposes. This information, for which a personal reference is always excluded, includes, among other things, time zone setting, operating system and platform, the geographical origin of the page call, in the case of forwarding to our site the forwarding origin, the duration of visits to certain pages and information about website interaction (e.g. scrolling, clicks and mouse-overs). Pseudonymized usage profiles can be created and evaluated from this data for the same purpose. Cookies are used for collection and analysis. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser. Among other things, the cookies enable the recognition of the Internet browser. The data collected using Microsoft technologies will not be used to personally identify the visitor to this website without the separately granted consent of the person concerned, and they will not be merged with personal data about the bearer of the pseudonym.
Collected information may be transmitted to Microsoft servers in the USA and stored there. We have concluded an order processing agreement with Microsoft, by which we oblige Microsoft to protect our customers' data and not to pass it on to third parties.
All processing described above, in particular the setting of cookies for reading out information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 Para. 1 lit. a DSGVO. Without this consent, Microsoft Clarity will not be used during your visit to the site.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website.
The following services are embedded on our websites:
To protect against misuse: Use of Google reCAPTCHA
On our website, we also use the reCAPTCHA feature provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). This function is mainly used to determine whether an entry is made by a natural person or, for improper purposes, by a machine or an automated process. We use this service based on our legitimate interests according to article 6 para. 1 lit f GDPR to keep our offering safe and to prevent misuse. The service includes sending the IP address and any other data Google may need for the reCAPTCHA service and is conducted pursuant to article 6 para. 1 lit f GDPR on the basis of our legitimate interest to determine whether acts in the internet are carried out in accordance with the will of the individual and to avoid misuse and the propagation of spam.
Embedding of YouTube videos
The operator of the plug-ins for embedded YouTube videos is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. As you visit a website with a YouTube plug-in, your browser will establish a connection to YouTube's servers. During this process, YouTube receives information on which webpages you are visiting. If you are logged in to your YouTube account, YouTube can associate your browsing history to you as a person. You can prevent this by logging out of your YouTube account beforehand.
If you have disabled the storage of cookies for the Google Ad program, you will not have to deal with such cookies when watching YouTube videos. However, YouTube also stores usage information which cannot be attributed to one particular person in other cookies. If you want to prevent this, you will have to configure your browser to block cookies.
Embedding of the video portal Vimeo
Our website includes plug-ins of the video portal Vimeo provided by Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA. Each time you visit a page which offers one or several Vimeo video clips your browser will establish a direct connection to a Vimeo server in the USA. During that process, information about your visit and your IP address will be stored there. By interacting with the Vimeo plug-ins (e.g. when clicking the start button) this information will also be transmitted to Vimeo and stored on their servers.
If you have a Vimeo account and do not want Vimeo to collect information on you via this website to link them to your membership data stored at Vimeo, you have to log out from Vimeo before visiting this website.
Furthermore, Vimeo uses the iFrame in which the video is opened to run the Google Analytics tracker. This is Vimeo's own tracking activity to which we do not have any access. You can prevent Google Analytics from tracking by using the disabling tools provided by Google for their own internet browser. Furthermore, users can prevent Google from collecting the data related to their use of the website (including their IP address) which is generated by Google Analytics and the processing of such data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout
You have the right to information, correction, deletion or restriction of your data stored by us, as well as the right to object against the processing of your data, the right to data portability and the right to lodge a complaint in accordance with the requirements under data protection law.
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.
Right to 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 may request that we correct or complete it at any time.
Right to erasure:
You may request that we delete your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate interests in protection. Please note that there may be reasons that prevent immediate deletion, e.g. in the case of legally regulated retention obligations.
Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, provided that there is no legal or statutory retention period in this respect.
Right to restriction 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 erasure and request restriction of data use instead,
- 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 objected to the processing of the data.
Right to data portability:
You may request that we provide you with your data that you have provided to us in a structured, common and machine-readable format and that you may transfer this data to another controller without hindrance from us, provided that
- we process this data on the basis of a revocable consent given by you or for the performance of a contract between us, and
- this processing is carried out with the aid of automated procedures.
- If technically feasible, you may request us to transfer your data directly to another controller.
Right of objection:
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.
Right of complaint:
If you believe that we are violating German or European data protection law in processing your data, please contact us to clarify any issues. You also have the right to file a complaint with a data protection authority at any time. To do so, 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 any 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.
The processing of your data is necessary to enter into or perform the contract between you and BayWa. If you withhold the required data from us, we will in most cases be compelled to decline entering into a contract with you or executing an order placed by you. In certain cases, we will be compelled to rescind and/or terminate an existing contract. You are however under no obligation to grant your consent to the processing of data that is not required under a law or that is irrelevant for the purpose of performing a contract.