Content
- Who the data controller is and whom you can contact
- What data are processed and from which sources do they come?
- For what purposes and on what legal basis are data processed?
- Processing of personal data for advertising purposes
- To whom does my data go? (Recipient Categories)
- How long is my data stored?
- E-mail communication
- Are personal data transmitted to third countries?
- What are the data protection rights?
- Is there an obligation to provide data?
The protection of your personal data is of paramount importance to us. We, BayWa r.e. AG and its subsidiaries (hereinafter referred to as "BayWa r.e.") undertake to process your personal data (in short "data") exclusively in accordance with the relevant statutory provisions. With this Privacy Policy we would like to inform you about the processing of your data at our company and about your data protection claims and rights under the EU General Data Protection Regulation (EU GDPR).
1. Who is the data controller and who can you contact?
The data controller is BayWa r.e. Solar Systems SRL, via Micheline, 2 37030 Colognola Ai Colli (VR), e-mail: itsy.dataprotection(at)baywa-re.com, Tel: +39 045 475 4281
2. What data is processed and from what sources does it originate?
We process the personal data of various categories of data subjects within the scope of our business relations and relationships; for example, candidates, suppliers and customers (including potential customers). Some of the processing may include special categories of data (ex. Art. 9) in connection with possible regulatory obligations (e.g. searches for the purpose of targeted employment).
2.1 Specific disclosures
2.1.1 Customers - Information
2.1.2 Suppliers - Disclosure
2.1.3 Candidates - Disclosure
2.1.4 Event participants - Disclosure and consent
2.1.5 Website users and cookie - Website Data Tracking & Opt-out (baywa-re.it)
3. For what purposes and on what legal basis are data processed?
We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Privacy Code (Legislative Decree 196/2003) for the following purposes:
For the fulfilment of (pre)contractual obligations (Art. 6 no. 1 letter b) GDPR:
The processing of your data is aimed to the sale and distribution of our goods and services, delivery and logistical purposes as well as the administration and analysis of suppliers and customers. Data is processed in particular within the framework of the business relationship and during the conclusion of contracts with you, e.g. in the following cases:
- creation and management of a customer account or supplier account
- orders delivery
- management of customer files
- sending information, e.g. requesting a catalogue
For the fulfilment of legal obligations (Art. 6 no. 1 let. c) GDPR:
The processing of your data is necessary to fulfill various legal obligations, as civil-tax, labor law and occupational safety regulations.
For the pursuit of legitimate interests (Art. 6 para. 1 let. f) GDPR:
Based on an evaluation of interests, the data processing could extend beyond the actual fulfillment of the contract to protect our own or third parties' legitimate interests. Data processing for the protection of legitimate interests could occur in the following cases:
- internal transmission of information to the BayWa r.e. group for administrative-accounting and financial purposes;
- assessment of the financial reliability and solvency of customers;
- management of an internal customer and supplier database for business process improvement;
- in the context of legal proceedings.
Within the scope of your consent (Art. 6 no. 1 let. a) GDPR:
If you have given your consent for the processing of data, this results in data being processed in accordance with the purposes and to the extent provided for in the declaration of consent. An express consent, e.g. for sending newsletters, can be revoked at any time with future effect. To do this, please contact itsy.dataprotection(at)baywa-re.com.
4. Processing of personal data for advertising purposes
We also use your data to communicate with you about your orders, specific products or marketing actions and to recommend products or services that may be of interest to you.
You have the possibility to revoke your consent to the use of your data in whole or in individual areas.
You have the opportunity to revoke your consent to the use of your personal data in full or in individual areas at any time. Withdrawal is absolutely free of charge on the part of BayWa r.e. To do so, please contact itsy.dataprotection(at)baywa-re.com.
5. To whom does my data go? (Recipient categories)
Should we make use of a service provider within the meaning of the processing responsibility, we remain responsible for the protection of your data. All processors are contractually obliged to treat your data confidentially and process it exclusively within the scope of the service provision. The data processors appointed by us will receive your data insofar as it is necessary to be able to provide the requested service. This includes, for example, IT service providers that we need for the operation and security of our IT system, as well as advertising agencies for our personal marketing actions.
Your data is processed in the customer databases of BayWa AG and its subsidiaries, including BayWa r.e. These customer databases promote the improvement of the quality of registered customer data (elimination of duplicates, markings for customers who have moved or are deceased, correction of addresses), and enable the enrichment of information with data from public sources. This data is made available to BayWa group companies that have access to the BayWa customer database (participating companies) and can be used for customised direct marketing actions (e.g. newsletters), targeted online marketing actions and customised online shop design.
Thanks to the customer database, participating companies that have the same customers in common can receive and use customer information across all organisations. This practice is aimed at always offering the most current and relevant information to the customer. The storage of customer data takes place separately and with reference to the company. In this respect, BayWa AG acts as a service provider for the individual participating companies.
You can view an overview of the BayWa AG group companies by clicking on the following link: www.baywa.com/konzern/im_profil/konzerngesellschaften/
Should an offer or sale be made via the manufacturer's portals, the data provided by you will be processed directly at the manufacturer's portal.
Where a legal obligation arises, as well as within the scope of legal proceedings, authorities, courts and external auditors may receive your data.
In addition, insurance companies, banks, credit agencies and service providers may receive your data for the purpose of entering and concluding contracts.
6. How long will my data be stored?
We will process your data until the end of our business relationship or until the expiry of warranty, liability, limitation, and legal retention periods (e.g. under the Commercial Code or tax law). The retention of data relating to processing carried out on the basis of your consent will take place subject to revocation. In addition, we will process them until the conclusion of any legal disputes for which the data will serve as evidence in court.
Please refer to the specific notices (Point 2.1) for more details
7. Communications by e-mail
Please note that sending unencrypted e-mails is not secure, as unauthorised persons may access the content of the e-mails and may manipulate them. For this reason, we strongly recommend that you do not send us any special categories of personal data by e-mail. Where necessary, however, we recommend that you use an appropriate method of encrypting the content.
8. Are personal data transmitted to third countries?
A transmission of data to third countries occurs in individual cases and only on the basis of a declaration of adequacy by the European Commission, contractual clauses, appropriate guarantees or your explicit consent.
9. What are the data protection rights?
At any time, you have the right to be informed, to rectify, erase or restrict the processing of your personal data or to object to the processing of your personal data (Art. 15 et seq. of the Regulation).
To exercise these rights, you must contact the contact details provided in point 1.
9.1 Right of complaint
Interested parties who consider that the processing of personal data relating to them carried out through this site is in breach of the provisions of the Regulation have the right to lodge a complaint with the Garante, as provided for in Article 77 of the Regulation itself, or to take legal action (Article 79 of the Regulation).
10. Is there an obligation to provide data?
The processing of your data is necessary to conclude or perform a contract with us. If you do not provide the necessary data, we shall generally be obliged to refuse to conclude or perform the contract or we shall not be able to perform a contract and should therefore terminate the contract. However, you are not obliged to give consent to the processing of data that is not relevant to the contract or required by law.