Data Protection Information of BayWa r.e. Nordic AB

As of: August 2023

1. Who is responsible for data processing and whom can you contact?
2. Which data is processed and from which sources does it come from?
3. For what purposes and on what legal basis will the data be processed?
4. Who receives my data?
5. How long is my data stored?  
6. Processing of applicant data
7. Communication by email
8. What information is collected when you visit this website?  
9. Diagnosis, correction and optimisation with Sentry
10. Is any personal data transferred to other countries?   
11. What data protection rights do I have?
12. Am I obliged to provide data?

Protecting your personal data is a top priority for us. Accordingly, we at BayWa r.e. AG and its subsidiaries (hereinafter jointly referred to as "BayWa r.e.") solely process your per-sonal data (hereinafter referred to as "data") on the basis of statutory provisions. In this data protection declaration, we aim to give you full details of how your data is processed in our company and the data protection claims and rights to which you are entitled in accord-ance with the European General Data Protection Regulation (EU GDPR).

1.  Who is responsible for data processing and whom can you contact?

The responsible party is BayWa r.e. Nordic AB, Frihamnsallén 8, 211 20 Malmö, Sweden, email: Scandinavia(at)baywa-re.com, tel.: +46 40 694 19 60.
The data protection officer at BayWa r.e. Nordic AB is contactable at the specified address or via email at: [email protected].

2.  Which data is processed and from which sources does it come from?

We process the data that we receive from you when commencing and maintaining business relations. We may also process data that we have received legitimately from other sources such as credit agencies and publicly accessible sources (e.g. business registers, registers of associations, land registers, media) and other companies with which we have long-term business relationships.

Regarding you as a land owner which we have entered into an agreement with, or wish to enter into an agreement with, we may process the following personal data:

• First and last name
• Address
• Contact data such as email address and telephone number
• Personal identity number; and
• Bank details (if you are entitled to receive payment from us)

Regarding you as a natural person who acts as a supplier or business party which we have a business relationship with, we may process the following personal data:

• First and last name
• Address
• Contact data such as email address and telephone number
• Personal identity number; and
• Bank details

Regarding you as a contact person at a supplier or business party which we have a business relationship with, we may process the following personal data:

• First and last name
• Contact details such as email address and telephone number
• Information regarding the company you work for

In addition, we may 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 sup-plier history
• Information about your financial status (for example, creditworthiness da-ta)
• Documentation data (e.g. consulting protocols), image data
• Information from your electronic transactions with BayWa r.e. (e.g. IP ad-dress, login data)
• Other data that we have received from you in the course of our business re-lationship (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
• Photos taken at public events
   

3.  For what purposes and on what legal basis will the data be processed?

Regarding you as a land owner, we process your data for the purpose of being able to eval-uate and secure land rights for our project as well as for the purpose of the agreement we have entered into with you. When we have entered into an agreement with you, the pro-cessing is based on the legal basis of complying with our contractual obligations. Pro-cessing carried out before we have entered into an agreement with you is based on our legitimate interest of being able to process your data to evaluate potential projects and secure land rights.

Regarding you as a natural person who acts as a supplier or business party which we have a business relationship with, we process your data for the purpose of, and legal basis of, complying with our contractual obligations towards you.

Regarding you as a contact person at a supplier or business party which we have a business relationship with, we process your personal data for the purpose of managing the contract entered into with your company and is based on our legitimate interest of being able to manage our business relation with the company you represent and communicate with you as part of the contract.

4.    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.

The access to your personal data is limited to personnel that require access to the data for the purposes described in section 3 above. Your personal information may thus be shared with the following recipients:

• Companies within our group: We may share your personal data with other companies within our group, including companies that have direct or indi-rect ownership with us. If we share your personal data within the group, then your information will be processed in accordance with BayWa r.e.’s general privacy policy. An overview of the BayWa AG Group companies can be found under the following link: https://www.baywa.com/en/group/corporate-profile/corporate-profile
• Authorities: We may disclose your personal data to authorities (such as the Swedish Tax Agency or the Swedish Police Authority) when required by law, regulation or decision by court or government. The purpose of such processing is to comply with legal requirements and the legal basis is that the processing is required by laws that apply to us.
• Suppliers: We may disclose your personal data to our suppliers, such as IT service providers that we need to operate and safeguard our IT system. We may disclose personal data with these suppliers in connection with the ser-vices they provide us. When our suppliers process personal data on our be-half, we enter into data processing agreements with them and adopt other relevant measures to ensure that they process your personal data in ac-cordance with this Data Protection Information.
• Banks and audit firms: We may disclose your personal data to banks and accounting firms. This is made in order to fulfill our contractual obligations towards you if you are entitled to receive payment from us. Information disclosed to accounting firms are also made in order to fulfill our legal obli-gations regarding book-keeping and auditing.
• Sale or transfer: We may transfer or submit your personal data to a buy-er/investor or potential buyer/investor in connection with a sale or other transfer of all or part of our shares, assets or business. Upon such transfer, we will take reasonable measures to ensure that the receiving party pro-cesses your information in a manner that complies with this Data Protec-tion Information. The purpose for such processing is to be able to allow a (potential) buyer/investor to conduct a due diligence of our operations and if applicable take measures and preparations before an eventual purchase or investment where the transfer is carried out due to the legitimate inter-est of an opportunity of audit, measures and preparations.  

5.    How long is my data stored?

We process your data until the business relationship ends or until any legal disputes in which the data is required as evidence have ended. In some cases we may be obliged to store certain data for a matter of time after the business relationship has ended due to legal obligations, for example to comply with the Swedish book-keeping act. In such cases, the date we are legally obligated to store will be stored for the time period required by mandatory law.

6.    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 Bay-Wa 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.

6.1    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:

• Master data (e.g. name, date of birth, nationality, place of residence)
• Documents (e.g. certificates, certificates, curriculum vitae)
• Training history (e.g. data on (higher) school education, professional qualifica-tions)
• Accounting data (e.g. bank details for reimbursement of application costs)
• Communication data (e.g. email, phone); and
• Log data that arise when using IT systems

In individual cases, the processed data can also include special categories of personal data in accordance with Article 9 (1) of the European General Data Protection Regulation (GDPR), such as Data on health, religious affiliation or union membership, if you provide it to us in the context of your application.

6.2    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 data processing is used to carry out the application process, to initiate and establish an employment relationship with the company of BayWa r.e. Group you applied to.

The legal basis for the implementation of the application process is Art. 6 Para. 1 Clause 1b 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 conjunc-tion with the relevant national regulations.

6.3    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. Group com-panies 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 appli-cation 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.

6.4    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 conclud-ed 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.

6.5    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 appropri-ate data protection guarantees.

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

6.6    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 ac-ceptance 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 and you have agreed to be in-cluded 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 pro-cess 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 de-leted.

7.    Communication by e-mail

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.

8.    What information is collected when you visit this website?

8.1    General information on the use of cookies

BayWa r.e. uses cookies and pixels on its website (hereinafter named “cookies”). Cookies are small text or image files that your browser stores on your end device (computer, tablet, smartphone or similar) to save certain information if you visit our website with this device. Cookies are accepted by your browser and are used to identify your device.

We use cookies to make our website user-friendly. To do so, the cookie is only recognised on your end device. Personal data is only saved after explicit consent is given or if it is ab-solutely necessary for the use the services you require. 

Some cookies remain saved on your end device until you delete them. They allow us to recognise your browser again the next time you visit. If this is against your wishes, you can set up your browser so that it informs you when cookies are set and only allows this in in-dividual cases. However, deactivating cookies may limit the functionality of our website.

You can find an explanation of the scope and function of the cookies BayWa r.e. uses on its website below:

Functional cookies
Functional cookies save information that has already been entered (e.g. username, your language or location) and users are offered improved, personalised functions. This type of cookie also enables requested functions, such as playing videos. Anonymised data is col-lected and the other websites you visit are not tracked.

Preference cookies
Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Analytical cookies
These cookies help us to collect information about how our website is used. They record the number of visitors, for example, and where the traffic comes from. We can assess how our website is performing with this information and initiate improvements. Analytical cookies allow us to find out which content is visited most and least frequently, whether error messages appear and how users navigate our website. The collected data is compiled is consequently anonymous. So any users cannot be identified. At BayWa r.e., we only use these cookies to consistently improve the performance of our website and the associated user experience. If you do not agree to have your user behaviour recorded anonymously, you can prevent this by deactivating cookies in your browser.

Marketing cookies
Marketing cookies are used to show users targeted, relevant advertisements tailored to their interests. They are also used to assess the effectiveness of certain campaigns. These types of cookies detect whether a website was visited or not. They can be forwarded to third parties. Cookies that help to improve how target groups and advertising are addressed are often linked with the page functionalities of third parties.

8.2    Specific cookies used

The specific cookies used on each BayWa r.e. website are described on the respective web-site. 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.

9. Diagnosis, correction and optimisation with Sentry

9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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

9.5. 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.

10.    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, suita-ble guarantees or your express consent.

11.    What data protection rights do I have?

You have a right to information about or the correction, deletion or restriction of the pro-cessing of your stored data, a right to object to the processing as well as transfer the rele-vant data and to file a complaint in accordance with the requirements of data protection law.

Right to information
You can request information from us concerning whether and to what extent we process your data.

Right to correction
If we process your data in a way that is incomplete or incorrect, you can request that we correct or complete it at any time.

Right to deletion
You can request that we delete your data if we process it unlawfully or if the processing interferes disproportionately with your legitimate protection interests. Please note that there may be reasons that prevent immediate deletion, e.g. where legally required storage obligations are imposed.

Right to limitation of processing
You may request that we 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 reject the option of deletion and in-stead request a restriction on its use
• 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 lodged an objection to the processing of the data

Right to data portability
You may require that we provide you with the data you have given to us in a structured, current and machine-readable format and to allow you to pass this data to another person in charge without our interference, provided that

• We process this data on the basis of irrevocable consent granted on your part and or to fulfil a contract between us, and
• This processing is carried out using automated methods

Right to objection
If we process your data for legitimate reasons, you can object to this data processing at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. We will then refrain from any further processing of your data unless we can prove compelling reasons worth protecting for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims. You can object to the processing of your data for the purpose of direct advertising at any time without giving reasons.

Right of appeal
If you believe that we are violating Swedish or European data protection law when pro-cessing your data, please contact us to clarify any questions. Of course, you are also enti-tled, to contact the supervisory authority, Integritetsskyddsmyndigheten.

If you wish to assert any of the above rights against us, please contact the contact named under section 1. In case of any doubt, we may request additional information to confirm your identity.

12.    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 con-tract, 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.