Data Protection Information of BayWa r.e. Projects España S.L.U.

As of: January 2024

The protection of your personal data is an absolute priority for us. Therefore, BayWa r.e. Projects España S.L.U. (hereinafter referred to as "BayWa r.e.") processes your personal data (hereinafter referred to as "data") exclusively on the basis of the statutory provisions. The purpose of this data protection declaration is to inform you in detail about how your data is processed by our company and about your data protection claims and rights in accordance with the European General Data Protection Regulation (EU GDPR).

1. Data controller

• BayWa r.e. Projects España S.L.U.
• VAT NUMBER: B-88115399
• Address: C. de Sagasta, 31, planta 4, 28004 Madrid, Madrid, España
• Email: ProteccionDatos(at)baywa-re.com  

2. Data subject processing

The personal data processed will be those collected and provided by users and clients through the contact means available on the Website, such as, for example, the e-mail address provided or the contact form, being processed by BayWa r.e. in a confidential manner and adopting appropriate security measures in accordance with current data protection regulations.

In addition, by browsing this website and through the use of cookies, BayWa r.e. collects user data in order to improve your browsing experience and effectively manage the portal. 

The scope of such personal data includes:

Your master/contact data such as:

• For private customers: First and last names, address, contact data (e.g. email address, telephone number, fax), date of birth, data from identity material submitted (copy of ID card), bank details.
• As a corporate customer or supplier: Name of your legal representative, company, commercial register number, VAT ID number, company number, address, contact person contact data (email address, telephone number, fax), bank details.

In addition, we also process the following additional personal data:

• Information concerning the type and content of our business relationship such as contract data, order data, sales and receipt data, customer and supplier history, consulting documents, vehicle data,
• Information about your financial status (for example, creditworthiness data),
• Advertising and sales data,
• Documentation data (e.g. consulting protocols), image data,
• Information from your electronic transactions with BayWa r.e. (e.g. IP address, login data), 
• Other data that we have received from you in the course of our business relationship (e.g. in customer meetings),
• Data that we generate ourselves from master/contact data and other data, e.g. through analyses of customer requirements and customer potential.
• Image data from video monitoring systems
• Photos taken at public events
• Recording of telephone calls made to our control centre.

3. Purposes and legitimisation of processing

We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD):

to comply with (pre-)contractual obligations (Art 6 para. 1 letter b GDPR): 
Your data is processed for the sale and distribution of our goods and services and procurement and logistics purposes as well as for supplier and customer management and analysis. In particular, data is processed when commencing and maintaining business relations with you and executing contracts with you, for example in the following cases:

• Creating and managing a customer account or a supplier account
• Delivering orders
• Managing customer cards
• Participation in sweepstakes 
• Sending information, e.g. requesting a catalogue

to meet legal obligations (Art 6 Para. 1 letter c GDPR):
Your data has to be processed for the purpose of meeting various legal obligations, including but not limited to anti-money laundering, fraud prevention and health and safety legislation, codes and regulations.

to protect legitimate interests (Art 6 Para. 1 letter f GDPR):
With the aim of balancing interests in mind, data may be processed beyond the actual scope required to execute the contract in order to protect either our own legitimate interests or those of third parties. Data processing to protect legitimate interests may include the following cases, for example:

• Consultation of and data exchange with credit agencies and creditor protection associations to determine creditworthiness data and to maintain a group-wide creditworthiness database to identify financial default risks for joint customers; 
• Advertising or marketing 
• Measures for business management and the further development of services and products;
• Maintaining a group-wide customer database to improve customer service
• Measures to protect BayWa r.e. sites from contractually non-compliant or illegal conduct, e.g. access controls, video surveillance; 
• In the context of legal proceedings.

With your consent (Art 6 Para 1 letter a GDPR): 
If you have given us your consent to process your data, it will be processed in accordance with the purposes and to the extent agreed in the declaration of consent. Consent given, e.g. to contact us, can be revoked at any time with future effect. If you wish to do so, please contact the party mentioned under no. 1.

4. Processing of personal data for advertising purposes

We also use your data to communicate with you about your orders, certain products or marketing campaigns and to recommend products or services that might be of interest to you. 

You can object to such use of your personal data for advertising purposes at any time, either collectively or for specific measures. BayWa r.e. does not levy any charge for indicating such objection. If you wish to do so, please contact the party named under no. 1.

Product recommendations by email

Pursuant to the legal requirements of the Information Society Services Act,, BayWa r.e. is entitled to use the email address you provided to us when ordering a product or service for the purpose of directly advertising its own similar goods or services. You will receive these product recommendations from us, regardless of whether or not you have subscribed to a newsletter.

If you no longer wish to receive product recommendations from us by e-mail, you can object to the use of your address for this purpose at any time without incurring any costs, other than the data transmission costs at your standard rate. If you wish to do so, please contact the party named under no. 1.  Of course, every email always includes an unsubscribe link.

5. Processing of creditworthiness information

BayWa r.e. may transfer your personal data to BayWa r.e.’s selected credit agencies to assess your creditworthiness in relation to your applications for, the implementation of and termination of business relationships with BayWa r.e., or in relation to fraudulent behaviour. The legal basis for these transfers is established by Articles 6(1)(b) and 6(1)(f) of the general Data Protection Regulation (GDPR). Transmissions based on Article 6 paragraph 1 letter f GDPR may only proceed when required to safeguard the legitimate interests of BayWa r.e. or third parties and when doing so does not outweigh the interests or fundamental rights and freedoms of the data subject which require protection of personal data to be upheld. BayWa r.e. shall notify you in advance of making such transfers and shall provide you with the details of the credit agencies being engaged.  

If we have obtained creditworthiness data about you within the legally permissible scope (e.g. from a credit agency), we store it in a system to which the Group companies participating in BayWa Credit Management have access. The aim is to facilitate transaction processing for joint customers and to identify financial default risks. The creditworthiness database is only accessed if there is a legitimate interest in the respective group company.

6. Who receives my data?

Even if we use a service provider in the context of order processing, we remain the party responsible for protecting your data. All contractors are contractually obliged to handle your data confidentially and process it only within the scope required for the provision of services. The contractors we commission will receive your data if required to perform their respective services. These include, for example, IT service providers that we need to operate and safeguard our IT system as well as advertising and address publishers for our own advertising campaigns.

Your data will be processed in customer databases of BayWa AG and its subsidiaries, including BayWa r.e. These customer databases support efforts to improve the level of existing customer data (duplicate cleanup, moved/dead indicators, address correction), and enable enrichment with data from public sources. This data is made available to the BayWa Group companies participating in the BayWa customer database (participating companies) and can be used for personalised direct marketing campaigns (e.g. newsletters), targeted online marketing and personalised online shop design.

Through the customer database, participating companies that serve the same customers should be able to use information about these customers across organisations. This approach aims to provide customers with the most up-to-date and relevant information at all times. This processing of customer interests constitutes profiling as defined by Art. 4 GDPR; but no automated decision-making takes place. Customer data is stored separately for each company, with BayWa AG acting as a service provider for the individual participating companies.

An overview of the BayWa AG Group companies can be found under the following link.

If an offer is made or sold via manufacturer portals, data you have provided will be processed directly in the manufacturer's portal. 

If there is a legal obligation and in the context of legal proceedings, authorities and courts as well as external auditors may also receive your data.

In addition, insurance companies, banks, credit agencies and service providers may also receive your data for the purpose of entering into and fulfilling contracts and in case of the sale of projects also investors.

7. How long is my data stored?

The personal data provided by users will be kept for the time necessary to effectively fulfil the aforementioned purposes.

BayWa r.e. will keep the personal data submitted by users for as long as they are necessary to deal with the queries and the users have not withdrawn their consent or exercised their rights. Likewise, client data will be kept for the duration of the relationship and, upon its termination, for the legal periods foreseen in which the parties may be held liable.

For video monitoring, image data is usually deleted after 30 days.

For more information about the retention periods for information relating to browsing data and cookies, please see section 10.

8. Processing of applicant data

When we send your application to the job portal, we store your personal data in a secure operating environment to protect it from loss or misuse. The respective company of BayWa r.e. Group to which you apply within our applicant management system is responsible for the processing of your data.

The contact details of this company result from the job advertisement in BayWa r.e. Job portal.

The applicant guarantees that the personal data provided via the free text fields provided on the platform or by means of accompanying documentation is true, lawful and accurate and assumes full responsibility for any inaccuracy or error in the data.

8.1. Which data is processed and from which sources does this data come from?

As part of the application process, we process the following categories of personal data in particular:

• Identifying data (e.g. name, date of birth, nationality, place of residence).
• Academic and professional data (e.g. certificates, curriculum vitae, data on (higher) school education, professional qualifications, employment status, professional skills…).
• Economic and financial data (e.g. bank details for reimbursement of application fees).
• Communication data (e.g. e-mail, telephone).
• Log data that arise when using IT systems.

In specific cases, the processed data may also include special categories of personal data in accordance with Article 9(1) of the European General Data Protection Regulation (GDPR), such as health data, if you provide them to us in the context of your application.
 

8.2 For what purposes and on what legal basis is my data processed?

We process your personal data in compliance with the GDPR, national data protection laws and other relevant national laws.

The legal basis for the implementation of the application process is Art. 6 Para. 1 Clause 1 b GDPR in connection with the relevant national regulation for the implementation of pre-contractual measures to establish an employment relationship.

Insofar as special categories of personal data are processed, this is done on the basis of Art. 9 Para. 2 b GDPR. If the job to which you have applied requires processing of health data to assess your ability to work, this is done on the basis of Art. 9 Para. 2 h GDPR in conjunction with the relevant national regulations.

8.3. How does the application process work?

You can go straight to one in our BayWa r.e. Apply for a published job advertisement by entering your data in the application form of the advertised position. In addition to manual entry, you also have the option of transferring certain master data from your XING or LinkedIn profile, as well as using "CV Parsing" into the application form.

We will keep you informed of the processing status of your application by email. As part of the application process, we may ask you whether we can send your application documents to other job offers that match your profile - possibly also at other BayWa r.e. companies. Group - forward or may include them in our applicant pool.

If you have shown interest with us on BayWa r.e. Job portal, then we may ask you if we can send your application documents to job vacancies within BayWa r.e. If there is no position corresponding to your qualification or your wishes at the time of application, you may be included in our applicant pool after prior consultation with you.

Applications in paper form or by email are sent to BayWa r.e. with a reference to the application process are not accepted. The data is not transferred to the applicant management system. Therefore, paper applications are immediately disposed of in accordance with data protection; Applications via email will be deleted immediately. An exception to this is the receipt of an application in paper form or by email due to a special occasion (e.g. getting to know one another at a trade fair). Your data is imported into the applicant management system. The process described above also applies to applications of this type.

8.4. Who receives my data?

Within BayWa r.e. Groups to which the application is made will only have access to your personal data for the above-mentioned persons and the bodies involved in the application process (e.g. supervisors, HR, specialist area, employee representatives). If the persons involved in the application process of another BayWa r.e. belongs to a group, your data can be transmitted to the respective person in individual cases.

We use service providers to fulfill our contractual and legal obligations. We have concluded the contracts required by data protection law with these service providers, provided they process personal data on our behalf. For applicant management, we use a software solution from rexx systems GmbH, Süderstraße 75-79, 20097 Hamburg, which works for us as a processor.

8.5. Are personal data transferred to a third country?

When applying for a BayWa r.e. Groups outside the European Economic Area (EEA) data are transmitted on the basis of Art. 49 Para. 1 b GDPR, unless there are no other appropriate data protection guarantees.

The data center for the rexx systems GmbH applicant platform we use is located in Germany.

8.6. How long will my data be saved?

We have to save your data for a period of 6 months in order to meet the legal requirements for the proper processing of an application and to be able to answer questions in connection with your application and / or its rejection.

6 months after completing the application process, i.e. After you have received an acceptance or rejection from us, your personal data will be deleted. Anonymous application body data is created for statistical purposes.

As soon as you have agreed to be accepted into our applicant pool, your data will be stored and processed there for a period of 12 months. After this period, your personal data will be deleted.

As soon as you receive a job offer from a BayWa r.e. Group has been proposed and you have agreed to be included in the associated application process, your data will be transmitted to the respective company. The initially mentioned retention period of 6 months after the application process has ended applies to your personal data. If there was no recruitment in the application process, or if you have not consented to inclusion in the application process, your data will be transferred back to our applicant pool. In both cases, your personal data will be stored for a period of 12 months starting with the date of the initial pool admission and then deleted.

9. Communication by email

Please note that transmission of unencrypted emails should be regarded as unsafe, since unauthorised persons may note the content of the email and manipulate it under certain circumstances. Accordingly, we request that you refrain from sending sensitive data by email when communicating with us.

As an applicant, please use our applicant portal, since your application documents are transmitted there securely. Should it ever be necessary to send sensitive data by email, please use a content encryption service. 

10. What data is collected when visiting this website?

10.1 General information on the use of cookies

BayWa r.e. informs that, in compliance with the provisions of article 22.2 Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico, on Information Society Services and Electronic Commerce, it needs to implement cookies to offer its content on the web, as well as to provide a better service to its users.

Cookies are small text files containing information which are downloaded to the device of any user visiting a website. After installation, cookies can be sent back to the originating website (first-party cookies) or to other websites (third-party cookies). 

Cookies allow a website to recognise a user's device, facilitating navigation, remembering preferences and, in general, improving the user's experience, helping to provide information and services related to their interests. 

Current law allows us to store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission. We therefore inform our users that this website uses different types of cookies: 

Depending on their purpose:

• Technical or functional cookies: those strictly necessary for the correct functionality of the website.
• Statistical cookies: help website owners understand how visitors interact with websites by collecting and providing information in an anonymous form.
• Preference cookies: allow the website to remember information that changes the appearance or behaviour of the website according to the user's settings.
• Marketing cookies: these are used to track visitors to websites. The intention is to show relevant and attractive ads to the individual user.

Depending on how long they remain activated:

• Session Cookies: those that exclusively store user information for the duration of their visit to our website.
• Persistent Cookies: those that retain information on users who repeatedly access our website, remembering the preferences selected.

Depending on the entity that manages them:

• Third-party cookies: those placed by third-party services that appear on our website (such as Google, Youtube or LinkedIn).

10.2. Specific cookies used

The specific cookies used on each BayWa r.e. website are described on the respective website. A link to the description called 'website data tracking and opt-out' can be found in each website’s footer. There, you will also find the links to unsubscribe from the cookies.

11. Diagnosis, correction and optimisation with Sentry

11.1. The scope and purpose of processing

We use the Sentry service (provided by Functional Software, Inc., 1501 Mariposa St #408, San Francisco, CA 94107, USA) to improve the technical performance of our services on our website by monitoring system stability and identifying code errors. User data such as information about the device and error time is collected anonymously and is not linked with other data. The data collected will be deleted once the purpose has been achieved.

11.2. Type of data

In the event that errors are transmitted, the following data can be transmitted and processed:

• IP address (only for the technical transmission of the error) 
• Type / version of the browser 
• Operating system / operating system version 
• Stack trace of the error (where and how the error occurred) 
• Potentially text from contact form (if there is an error on the contact form)

The software runs exclusively on self-hosted servers in Germany. The storage of users’ personal data is only carried out there. The data will not be passed on to third parties. BayWa r.e. does not evaluate any data for advertising purposes.

11.3. Legal basis for the processing of personal data

The legal basis for the processing of users’ personal data is Article 6 para. 1 lit. f of the GDPR (legitimate interest of the controller). It is in our legitimate interest to improve the technical performance of our services on our website by monitoring system stability and identifying code errors.

11.4. Length of storage period

The following personal data will be deleted immediately after transmission, as it is used only for transmission between the server and the client:

• IP address

The following personal data will be stored for the above-mentioned purpose for 90 days and will then be permanently deleted:

• Type / version of the browser 
• Operating system / operating system version 
• Stack trace of the error 
• Text from the contact form

11.5. Option of making an objection

As your IP address is not recorded, we are no longer able to assign the stored data to you, and hence we generally store anonymous data. A right of revocation therefore only exists in individual cases where we have stored personal data in relation to the content of an incorrect contact form. To exercise your right to object, please contact: data-protection-officer(at)baywa-re.com.

12. Is any personal data transferred to other countries?

Transfer of data to external countries takes place in individual cases and only on the basis of an adequacy decision of the European Commission, standard contractual clauses, suitable guarantees or your express consent.

13. Data subject rights

We inform you that, at any time, you may exercise the rights recognised in the field of data protection:

At any time, users may exercise the following rights recognised by current data protection regulations: 

• Right to Access: allows the user to know what information is held, where it has been obtained, to whom it has been provided and with what uses it has been processed.
• Right to Rectification: allows the user to rectify any erroneous or outdated data.
• Right to Deletion: allows users to stop processing of their data.
• Right to Limitation: allows users to restrict the processing of their data, but in such a way that may be kept for some later purpose.
• Right to Portability: allows the user to obtain a copy of their data in digital format and, in certain circumstances, request that it be communicated to another service provider. It is only applicable for computerised processing done with the consent of the interested party or for compliance with a contract.

You may exercise these rights by sending an e-mail to protecciondatos(at)baywa-re.com, indicating which right you wish to exercise and proving your identity.  

Finally, we inform you that you may file a complaint with the Spanish Data Protection Agency, through its website.

14. 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 decline the conclusion of the contract or execution of the order or will no longer be able to execute an existing contract, which will then have to be terminated. 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.