As of: August 2023
1. Who is responsible for data processing and who is your contact person?
The responsible entity is BayWa r.e. Solar Systems Sp. z o.o., ul. Krakowska 390, 32-080 Zabierzów, Tax Identification Number (NIP): 513-026-87-90, National Business Registry Number (REGON): 387608799, Phone: +48 888 332 750, email: biuro.solarsystemspl(at)baywa-re.com.
The Data Protection Officer of BayWa r.e. Solar Systems Sp. z o.o. can be contacted at the address or email address given above biuro.solarsystemspl(at)baywa-re.com.
2. What data is processed and from which sources?
We process the data that we receive from you in order to establish contact and as part of business relations. In addition, we process data received from business intelligence agencies, creditors' rights protection associations, companies with which we maintain lasting business relationships, as well as data from publicly available sources (company registers, association registers, land and mortgage registers, media).
Personal data includes your permanent data/contact details, such as:
- in the case of private customers: first name and surname, address, contact details (e.g. email address, phone number, fax), date of birth, bank details
- in the case of companies or suppliers: name of the legal representative, company name, commercial register number, Tax Identification Number (NIP), company number, address, contact details of the contact person (email address, telephone number, fax), bank details
In addition, we also process other personal data:
- information on our business relationships, such as contract data, order data, turnover data, customer and supplier history, meeting documents, data on motor vehicles,
- information on your financial status (e.g. creditworthiness data),
- advertising and distribution data,
- documentation data (e.g. consultation reports), graphic data,
- information related to electronic communication with BayWa r.e. (e.g. IP address, login details),
- other data received from you as part of our business relationship (e.g. during conversations with customers),
- data that we generate on the basis of permanent data/contact details and other data, e.g. by analysing the needs and potential of customers,
- records of your consent to receive e.g. newsletters,
- graphic data from monitoring systems,
- photos taken at public events.
3. For what purpose and on what legal basis is the data processed?
We process your data in accordance with provisions of the General Data Protection Regulation (GDPR) in the currently applicable wording:
in order to fulfil contractual and pre-contractual obligations (Article 6(1)(b) of the GDPR).
The processing of your data takes place for the purpose of sale and distribution of our goods and services, procurement and logistics as well as management and analysis of suppliers and customers. The data is processed especially when contact is established and contracts are performed, e.g. in the following cases:
- Setting up and maintaining a customer's account or supplier's account
- Delivery of orders
- Keeping customer records
- Participation in tenders
- Sending information, e.g. catalogues ordered
in order to comply with legal obligations (Article 6(1)(c) of the GDPR)
The processing of your data is necessary to comply with various legal obligations, e.g. under the Commercial Code, the Tax Code, anti-money laundering regulations and product regulations, such as the Hazardous Materials Regulation.
to defend legitimate interests (Article 6(1)(f) of the GDPR)
In order to balance the interests, data may be processed beyond the scope of performance of the contract to defend our legitimate interests or those of third parties. Data processing to defend legitimate interests takes place, for example, in the following cases:
- Consultation and data exchange with business intelligence agencies and creditors' rights protection associations in order to establish creditworthiness data as well as maintaining a creditworthiness database within the Group to identify the risk of default on receivables with regard to common customers,
- Advertising or marketing,
- Activities aimed at managing the business and developing products and services,
- Maintaining a customer database in the Group in order to improve customer service,
- Activities aimed at protecting BayWa r.e. outlets against behaviour that is inconsistent with the contract or the law, e.g. in relation to access controls, video monitoring,
- As part of a legal investigation.
in the scope of your consent (Article 6(1)(a) of the GDPR):
If you have expressed consent to the processing of your data, this data will be processed in accordance with the purposes set out in the consent declaration and in the scope specified therein. You can revoke consent, e.g. to receive the newsletter, at any time with effect for the future. For this purpose, please contact us using the details provided in point 1.
4. Processing of personal data for advertising purposes
We use your data also to inform you about orders, 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 in full or in part at any time. This objection is free of charge. For this purpose, please contact us using the details provided in point 1.
Product recommendations via email
BayWa r.e. is entitled to use the email address provided by you when ordering a product or service to send you direct advertising in relation to its own similar goods or services. You will receive these product recommendations from us, irrespective of whether or not you have subscribed to our newsletter.
If you do not want to receive product recommendations from us by email, you can object to the use of your address for this purpose at any time, without incurring any costs other than related to sending the message at the basic rate. For this purpose, please contact us using the details provided in point 1.
In order to send the newsletter, we use the so-called double opt-in method, which means that we shall not start sending you the newsletter by email until you have expressly confirmed that we should activate the newsletter service. We will then send you a notification email and ask you to confirm that you wish to receive our newsletter by clicking on the link contained in this message.
If you no longer wish to receive the newsletter from us, you can express your objection at any time without incurring any costs other than related to sending the message at the basic rate. For this purpose, it is sufficient to send us relevant information in writing, using the data provided in point 1. Each newsletter also includes an opt-out link.
5. Processing information on creditworthiness
Transfer of data to the Economic Information Bureau
BayWa r.e. transfers personal data collected under contracts concluded with you regarding the submission of an application, implementation and termination of business relations as well as data on non-compliant behaviour or fraudulent activities to business intelligence agency Krajowy Rejestr Długów Biuro Informacji Gospodarczej S.A., hereinafter referred to as KRD. The legal basis for the transfer of data is Article 6(1)(b) and Article 6(1)(f) of the GDPR. The transfer of data pursuant to Article 6(1)(f) of the GDPR may only take place if it is necessary to defend the legitimate interests of BayWa r.e. or third parties which are not overridden by interests, fundamental rights or freedoms of the person concerned which require the protection of personal data. The exchange of data with KRD is also performed to fulfil the statutory obligations regarding the verification of customer solvency (§ 505a and 506 of the Civil Code). More detailed information on the activities of KRD can be found in the KRD information bulletin in accordance with Article 14 of the GDPR or on the website at https://krd.pl/Pages/Polityka-prywatnosci.aspx.
Transfer of data to other business intelligence agencies
BayWa r.e. also uses the services of the following business intelligence agencies to obtain creditworthiness information in the event of a legitimate interest: Bisnode, Euler Hermes, Kaczmarski Group Sp.J.
Maintaining a solvency database in the Group
If it is legally admissible, we obtain information on your solvency (e.g. from a business intelligence agency) and we store it in a system to which the Group companies covered by the BayWa credit management have access. This is to facilitate the performance of processes in the case of common customers and to identify the risk of default. The solvency database may only be used if there is a legitimate interest in the respective Group company.
6. Who receives my data?
When we use the services of data processors, we are responsible for the protection of your data. All data processors are required to treat your data with confidentiality and process it only as part of the provision of services. Data processors receive your data if they need it to perform a given service. They are, for example, IT service providers who take care of the functioning and security of our computer system, as well as advertising and mailing agencies which organise promotional campaigns on our behalf.
Your data is processed in customer databases of BayWa r.e. These customer databases are used to improve the quality of customer data (avoiding duplication, marking customers who have changed address/died, correcting addresses) and allow the addition of data from public sources. This data is shared with the BayWa Group companies which have the access to the BayWa customer database (participating companies) and may be used for the purpose of personalised direct marketing (e.g. newsletter), online marketing and online store personalisation.
The customer database is intended to enable participating companies which have the same customers to use information about these customers on an organisation-wide scale. The purpose is to always provide customers with up-to-date and relevant information. Such processing constitutes profiling pursuant to Article 4 of the GDPR.
If the offer/sale is made via the manufacturer's portal, the data provided by you will be processed directly on the manufacturer's portal.
In the event of a legal obligation and as part of legal investigations, the recipients of your data may be public bodies, courts and external auditors.
In addition, in order to negotiate the terms of the contract and perform the contract and in the case of sale of projects, recipients of your data may include insurance companies, banks, business intelligence agencies and service providers.
7. How long is my data stored?
We process your data until the end of the business relationship or the expiry of applicable warranty periods, limitation periods and statutory retention periods (e.g. under the commercial or tax code) and until the end of legal disputes for which this data is needed as evidence.
In the case of video surveillance, graphic data is usually deleted after 7 days.
8. What data is collected when visiting this website?
BayWa r.e. uses the so-called cookies and pixels (hereinafter "cookies") on its website. They are small text or image files that your browser places on your end device (computer, tablet, smartphone, etc.) to store specific information when you enter our website with that device. Cookies are accepted by the web browser and are used to identify your device.
We use them to make our offer user-friendly. Only the cookie on your end device is recognised. Personal data will only be stored with your express consent or if it is absolutely necessary in order to use the services you request.
Some cookies are stored on your end device until you delete them. They enable us to recognise your browser during your next visit. If you do not wish them to do so, you can adjust your browser settings in such a way as to receive information about the storage of cookies and allow it only in individual cases. Disabling cookies may limit the functionality of our website.
An explanation of the scope and functionality of cookies used by BayWa r.e. on the company's website is presented below:
a. Functional cookies
Functional cookies are used to store information already entered (e.g. user name, language selection or your location) and to offer better and more personalised functions to the user. This type of cookies also allows you to use requested functions, such as playing videos. Anonymised data is collected and your activity on other websites is not recorded.
b. Preference cookies
Preference cookies allow a website to remember information that changes the look or functioning of the website, such as your preferred language or the region where you are located.
c. Analytical cookies
These cookies help us collect information about how our website is used, such as the number of visitors and traffic source. With this information, we can measure the performance of our website and make improvements. Analytical cookies allow us to find out what content is accessed most and least frequently, whether there are error messages and how the user navigates our website. The collected data is aggregated and therefore anonymous. The user identification is not provided. We use these cookies only to improve the performance of BayWa r.e. websites and the user experience associated with them. If you do not express consent to such anonymised collection of data about your activities, you can prevent it by disabling cookies in your browser.
d. Marketing cookies
Marketing cookies are used to display advertisements that are particularly relevant to the user and their interests. They are also used to measure the effectiveness of specific campaigns. These types of cookies recognise whether a given website has been visited or not. This information may be passed on to third parties. Cookies which are used to improve targeting and advertising are often linked to the functionality of third party websites.
8.2. Specific cookies used
Specific types of cookies used on each BayWa r.e. site are described on that site. In the footer of each site, there is a link to the section "Data Tracking & Opt-Out". There, you can also find links to disable cookies.
9. Is personal data transferred to countries outside the European Union?
Data transfer to countries outside the European Union takes place in individual cases and only on the basis of a decision of the European Commission confirming an adequate level of data protection, standard contractual clauses, appropriate guarantees or your express consent.
10. What rights do I have in relation to data protection?
At any time, you have the right to access your data, the right to rectify, delete or limit the processing of your data, the right to object to data processing, the right to data portability and the right to lodge a complaint in accordance with requirements of data protection law.
Right to access data
You can request information from us as to whether and to what extent we process your data.
Right to rectify data
If we process your data that is incomplete or incorrect, you can request its correction or completion at any time.
Right to delete data
You can request us to delete your data if we process it unlawfully or the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons preventing us from immediate deletion of data, e.g. in the case of a statutory obligation to retain documents.
Regardless of exercising your right to delete data, we will delete your data immediately and completely, unless the statutory retention period prevents it.
Right to restriction of processing
You may request us to restrict the processing of your data if
- you question the correctness of the data; the restriction will apply for a period that will allow us to verify the correctness of the data,
- the processing of the data is unlawful, but you refuse to delete the data and request the restriction of data use instead,
- we no longer need the data for the intended purpose, but you need it for the assertion or defence of legal claims or
- you have objected to the processing of the data.
Right to data portability
You can request us to provide your data in a commonly used, machine-readable format and enable the transfer of this data to another responsible party without obstruction on our part, if
- we process this data on the basis of your revocable consent or for the performance of a contract between us, and
- the processing is carried out using automated methods.
If it is technically feasible, you can request us to send your data directly to another responsible party.
Right to object
If we process your data on the basis of a legitimate interest, you may object to this data processing at any time for reasons arising from your exceptional situation; this also applies to profiling based on these provisions. Then, we stop processing your data, unless we are able to demonstrate valid and legitimate grounds for processing that override your interests, rights and freedoms, or if the processing serves the assertion, exercise or defence of legal claims. You can object to the processing of your data for the purpose of direct advertising at any time and without giving any reason.
Right to lodge a complaint
If you believe that we violate European data protection law while processing your data, please contact us to clarify the matter. You also have the right to apply to the supervisory body competent for BayWa r.e., which is the President of the Personal Data Protection Office (https://uodo.gov.pl/pl/p/kontakt). If you wish to exercise one of the aforementioned rights, please contact us using the details provided in point 1. In case of doubt, we may request additional information to confirm your identity.
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:
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. Do I have an obligation to provide my data?
The processing of your data is necessary for the conclusion or performance of a contract concluded with us. If you do not provide us with this data, we will have to refuse to conclude the contract or process the order or we will not be able to perform the existing contract and therefore we will be forced to terminate it. However, you are under no obligation to express consent to the processing of data that is irrelevant to the performance of the contract or that is not required by law.