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Data Protection Statement of Diermeier Energie GmbH
Last modified: 02.2024
The protection of your personal data is very important to us. We therefore take great care to process your personal data (also “data”) in strict compliance with the statutory requirements. We have compiled this Data Protection Statement to provide you with comprehensive information about the processing of your data by our company and your rights under the European General Data Protection Regulation (GDPR).
1. Who is the person responsible for data processing (the “data controller”), and who can you contact?
The data controller is Diermeier Energie GmbH, Industriestrasse 3, 94559 Niederwinkling, Germany, E-Mail: info@diermeier-energie.de, Telephone: +49-09421/5500-0 The Data Protection Officer of Diermeier Energie GmbH can be contacted at the address provided or by sending an email to datenschutzbeauftragter@diermeier-energie.de.
2. What data do you processed, and what are the sources of these data?
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:
The master/contact data of private customers including, inter alia, 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. The master/contact data of business customers including, inter alia, the 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 about the type and substance of our business relationship including, inter alia, contract data, order data, sales and invoicing data, customer and supplier history and consultancy-related documents,
− Information about your financial position (i.e. credit scoring data)
− Documentation-related data (i.e. minutes of consultations), image data,
− Data from your electronic interactions with Diermeier Energie GmbH (i.e. IP address, log-in data),
− Other data we may from time to time obtain during the course of our business relationship (i.e. 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 communications from us, i.e. In the form of newsletters.
3. For what purposes and on what legal basis are my personal data processed?
We process your data in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act of 2018 in its applicable version: • 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 (creation and administration of a customer account), for purposes related to procurement and logistics (delivery of orders), as well as for purposes related to customer management and customer analysis. The data is in particular processed during the stages of initiating a business transaction and the performance of contracts with you. • 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. • to safeguard 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 (see No. 5), − Advertising or marketing (see No. 4), − 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 (see No. 6) − 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. To revoke your consent, please contact Diermeier Energie GmbH at the contact details specified at 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 promotions, and to recommend products or services to you that may be of interest for you. You can object against the use of your personal data for advertising purposes categorically or for individual activities at any time without incurring any additional costs or higher prices. To revoke your consent, please contact Diermeier Energie GmbH at the contact details specified at No. 1. Product recommendations by email Under Section 7 para. 3 of the German Unfair Competition Act, Diermeier Energie GmbH is permitted to use the email address provided by you when ordering a product or service to deliver direct advertising for similar good or service to you. You will receive these product recommendations irrespective of whether you have subscribed to a newsletter or not. If you prefer not to receive any product recommendations from us by emaill, you can object against the use of your email address for this purpose at any time without incurring additional costs or higher prices. Please submit your written informal notice of objection to BayWa Agragrhandel GmbH at the contact details specified at No. 1. All emails from us contain an unsubscribe link.
5. Creditworthiness information
Transmission of data to SCHUFA Diermeier Energie GmbH transmits personal data collected during the course of our contractual relationship concerning the initiation, performance and termination of our business relationship, as well as data concerning non-conforming or fraudulent conduct to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden 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 safeguard the legitimate interests of Diermeier Energie GmbH, or a third-party, that prevail over the data subject’s interests, fundamental rights and fundamental freedoms that require the protection of personal data. The exchange of data with SCHUFA further serves the purpose of performing our statutory obligations pertaining to the assessment of our customers’ creditworthiness (Sections 505a and 506 of the German Civil Code). SCHUFA processes the data received and also uses it for the purpose of generating profiles (scoping) 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 private individual. More information on the services provided by SCHUFA can be found in the SCHUFA information sheet pursuant to Article 14 GDPR, or online at www.schufa.de/datenschutz . Transmission of data to other credit agencies Diermeier Energie GmbH also uses the following credit agencies to obtain creditworthiness information that is based on a legitimate interest: , Bisnode Deutschland GmbH, Robert-Bosch-Straße 11, 64293 Darmstadt Germany, Coface Central Europe Holding AG, Stubenring 24, 1010 Wien Austria, CRIF Bürgel GmbH, Data Protection Statement of Diermeier Energie GmbH Page 2 of 2 Last modified: 02.2024 Leopoldstraße 244, 80807 München Germany, CRIF GmbH, Diefenbachgasse 35, 1150 Wien Austria, Creditreform, Machtlfinger Straße 13, 81302 München Germany, EOS Deutschland GmbH, Gottlieb-Daimler-Ring 7-9, 74906 Bad Rappenau Germany, Euler Hermes AG, Grasstraße 29, 22761 Hamburg Germany, R+V Allgemeine Versicherung, Raiffeisenplatz 1, 65189 Wiesbaden Germany… Group-wide creditworthiness database To the extent we have lawfully obtained creditworthiness data about you from a credit agency, we will store such data in a system that is accessible to Diermeier Energie GmbH and 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.
6. Who is my data disclosed to?
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, as well as advertising and list brokers for our own advertising activities. Your data is processed in the BayWa customer database, which is accessible to Diermeier Energie GmbH and the subsidiaries of BayWa Group. This customer database assists in 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 that participate in the BayWa customer database (participating subsidiaries) and can be used for personalised direct marketing activities (i.e. newsletter) and to provide a personalised appearance of the online shop. The purpose of this customer database is to enable participating subsidiaries who look after the same customer to make 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.
7. For how long will my data be stored?
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.
8. Is my personal data transmitted to a third country?
We will generally not transmit your data to a third country. A transmission in exceptional cases will only take place on the basis of an adequacy decision by the European Commission, standard contract clauses, adequate guarantees or your express declaration of consent.
9. What are my rights under data protection law?
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.
Right to information about your data:
You have the right to information about whether an in what scope your data is processed by us.
Right to the correction of your data:
If your data processed by us is incorrect or incomplete, you may at any time request us to correct and/or complete your data.
Right to the deletion of your data:
You have the right to the deletion of your data if our data processing is unlawful or disproportionally interferes with your legitimate interests. Please be advised that there are certain reasons that oppose the immediate deletion of your data, i.e. in cases where statutory retention period apply.
Irrespective of whether you exercise your right to the deletion of your data, we will promptly delete all of your data as soon as an applicable contractual or statutory retention period has lapsed.
Right to restrict the processing of your data:
You have the right to impose a restriction on the processing of your data if
− you dispute the accuracy of the data and allow us adequate time to verify the accuracy of the data,
− the processing of the data is unlawful, but you decline their deletion and rather request a restriction to be imposed on the processing of your data,
− we no longer require the data for the purpose it was collected, but you require the data for the purpose of asserting or defending legal interests, or
− you have objected against the processing of your data.
Right to data portability:
You have the right to request us to provide you with the data disclosed by you in a structured, popular and machine.readable format. You further have the right to transfer such data to another data controller without any interference from our part, provided
− we process such data on the basis of a revocable declaration of consent granted by you, or for the purpose of performing a contract between you and us, and
− such processing is conducted with the help of automated processes.
Within the bounds of technical feasibility, you have the right to request us to transfer your data directly to another data controller.
Right to object:
You have the right to object against us processing your data on the basis of a legal interest at any time for reasons resulting from your personal circumstances; this also applies to profiling based on the same provisions. We will then cease the processing of your data, unless we can demonstrate compelling legitimate reasons for the data processing that prevail over your interests, right and freedoms, or if the data processing serves the purpose of asserting, exercising or defending legal interests. You may object against the processing of your data for direct advertising purposes at any time without stating reasons.
Right to lodge a complaint:
If you have reason to believe that we are processing your data in violation of the German or European data protection regulations, please contact us so we can discuss your concerns. You have the right to lodge a complaint with the relevant supervisory authority. For Diermeier Energie GmbH, the relevant supervisory authority is the Bayerische Landesamt für Datenschutzaufsicht, Promenade 18, 91522 Ansbach, Germany.
10. I am required to disclose any data?
The processing of your data is necessary to enter into or perform the contract between you and Diermeier Energie GmbH. 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.