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Data Protection Information of BayWa r.e. Solar Systems S. de R.L. de C.V.

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.    Processing of personal data for advertising purposes    
5.    Processing of creditworthiness information    
6.    Who receives my data?    
7.    How long is my data stored?    
8.    Processing of applicant data    
9.    Communication by email    
10.  What information is collected when you visit this website?    
11.  Is any personal data transferred to other countries?    
12.  What data protection rights do I have?    
13.  Am I obliged to provide data?    

For us the protection of your personal data is very important. We, the company BayWa r.e. AG and its subsidiaries (hereinafter jointly referred to as "BayWa re"), we process your personal data (hereinafter "data") based exclusively on the principles of trust, lawfulness, consent, information, purpose, proportionality, loyalty, quality, responsibility and transparency. With this privacy policy we inform you about how we treat your data in our company and what rights you have in terms of data protection according to the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP).

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

The responsible party is BayWa r.e. Solar Systems, S. de R.L. de C.V., Camino al CUCBA 1204 Int. 28-29 Zapopan, Jalisco 45019.

You can contact BayWa r.e.'s data protection supervisor. through the following address: [personal data (at) baywa-re.mx]

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 also process data that we have received legitimately from credit agencies, creditor protection associations, publicly accessible sources (e.g. business registers, registers of associations, land registers, media) and other companies with which we have long-term business relationships.

The scope of such personal data directly obtained includes:

Your master/contact data such as:

  • as a private client: name and surname, address, email address, landline and mobile phone number, fax number, date of birth, identification data presented (copy of Official Identification), financial data, which will be stored in strict confidentiality , consisting of credit card number and magnetic tape or chip information, debit card number and magnetic tape or chip information, bank identification number, interbank identification number.

  • as a company customer or supplier: name of the commercial representative, company, commercial register number, tax data, company number, address, warehouse address, contact details of the contact person (email address, telephone number fixed and mobile, fax), financial data consisting of credit card number and magnetic tape or chip information, debit card number and magnetic tape or chip information, bank identification number, interbank identification number .

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),
  • Documentation data (e.g. consulting protocols), image data,
  • Information from your electronic transactions with BayWa r.e. (e.g. IP address, login data), 
  • 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.
  • The documentation of your declaration of consent for the receipt of newsletters, advertising and information of new products.
  • Image data from video monitoring systems
  • Photos taken at public events

BayWa r.e. in no circumstance does it request personal data considered as sensitive since it is not necessary for the fulfillment of its contractual or legal obligations, in the event that BayWa re will need said information, its prior and express consent to the treatment will be requested and it is not will be transferred to third parties.

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

We process your data in accordance with the provisions of the  Federal Law on the Protection of Personal Data Hold by Individuals published on the Official Mexican Gazette on July 5, 2010; the Regulation of the Federal Law on the Protection of Personal Data Hold by Individuals published on the Official Mexican Gazette on December 21, 2011; the Guidelines of the Notice of Privacy published on the Official Mexican Gazette on January 17, 2013 and the Recommendations and best practices on privacy issued by INAI (National Institute of Transparency, Access to Information and Data Protection):  

to comply with obligations of our possible relation: 
Your data is processed for the sale and distribution of our photovoltaic goods and services related 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 in the following cases:

  • Creation and maintenance of a customer or supplier account.
  • Delivery of orders.
  • Management of loyalty cards.
  • Participation in contests.
  • Sending non-advertising commercial information, when requesting a catalogue.

b. To comply with legal and contractual obligations:

Your data is processed to comply with different legal obligations, established in the Commercial Code or the Tax Code, anti-money laundering regulations and specific standards for product certification and handling of hazardous substances.

c. In safeguarding legitimate interests:

Beyond the performance of the contract, when the balance of interests requires it, your data may be processed to protect our legitimate interests or those of third parties. A processing of data in safeguard of legitimate interests occurs, in these cases:

  • Consultation and exchange of data with credit information agencies and associations to check data on solvency and manage a solvency database for the entire group in order to identify risks of non-payment of common customers.
  • Commercial management measures and development of services and products.
  • Maintenance of a customer database throughout the group to improve customer service.
  • Measures to protect BayWa r.e. against unlawful or illicit behavior, access controls, video surveillance.
  • Within the framework of court proceedings or orders.

d. To process the payment of the products or services that you contract with us in the event that your payment is made through credit, debit, service, prepaid cards and/or gift cards accepted and routed by the BayWa r.e. point of sale terminal. These data will be treated confidentially and will not be transmitted to third parties outside the purposes for which they were collected.

In accordance with article 8 of the Federal Law on the Protection of Personal Data Held by Private Parties, all processing of personal data is carried out with your consent, therefore:

If you have given us your consent to process your personal data, this will be done in accordance with the purposes stipulated in the relevant document and to the extent agreed. You can revoke or limit at any time the consent you have given to process all or any of your personal data. To do this, you can contact our personal data protection department at email [- -].

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

As a secondary purpose, we also use your personal data to inform you about news related to your previous orders, certain products or marketing campaigns and to recommend products or services that may be of interest to you.

If you do not object to the processing of your personal data for this secondary purpose, we will understand that you have given your consent. At any time, you can revoke or limit your consent to the processing of your personal data for advertising purposes in its entirety or for specific measures. This revocation or limitation will not incur any cost. To do this, you can contact our personal data protection department at email [- -].

Product recommendations by email

, BayWa r.e. This may use the email address you provided us when ordering a product or service to send you direct advertising about similar items or services. You will receive these product recommendations whether or not you have subscribed to the newsletter.

If you do not object to the processing of your personal data for this secondary purpose, we will understand that you have given your consent. At any time, you can revoke or limit your consent to the processing of your personal data for advertising purposes in its entirety or for specific measures. This revocation or limitation will not incur any cost. To do this, you can contact our personal data protection department at [- -]. Of course, each email message always contains a link to unsubscribe.

Newsletter

To send our newsletter we use the process known as "double opt-in", that is, we only send it to you by email if you have previously expressly confirmed that you want to activate this service. We then send you a notification message asking you to click on the link in it to confirm that you want to receive our newsletter.

If you later want to stop receiving newsletters, you can cancel the service at any time without incurring additional costs. To do this, you can contact our personal data protection department at email [- -]. Of course, each newsletter also includes an unsubscribe link.

In the event that you come to consider that your right to the protection of the personal data that you provide was violated in any way, you can go to the National Institute of Transparency, Access to Information and Protection of Personal Data to request the protection of personal information. For more information, please consult the following website: inicio.ifai.org.mx

5.  Processing of creditworthiness information

Transmission of data to SCHUFA Holding AG (“SCHUFA”)
Within the scope of contractual relationships entered into with you, BayWa r.e. transmits to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, personal data collected concerning applications for, the implementation and termination of such business relationships as well as data concerning non-contractually compliant or fraudulent behaviour. The legal basis for these transfers is established by Articles 10 section I and IV and 37 section VII of the Federal Law on the Protection of Personal Data Hold by Individuals and article 68 of the Regulation of the Federal Law on the Protection of Personal Data Hold by Individuals. Transmissions based on Article 37 section VI of the Federal Law on the Protection and Personal Data Hold by Individuals 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. The exchange of data with SCHUFA also takes place for the purpose of meeting legal obligations to carry out creditworthiness checks of customers (Civil Code). SCHUFA processes the data received, which is also used for the purpose of profile building (scoring) to provide its contractual partners in the European Economic Area, Switzerland and other third countries as required (provided an adequacy decision of the European Commission exists for the same) with information used, inter alia, to assess the creditworthiness of individuals. Further information on the activities of the SCHUFA can be found online at www.schufa.de/datenschutz

Data transmission to other credit agencies
BayWa r.e. also uses the following credit agencies to obtain credit information when a legitimate interest exists: Bisnode Deutschland GmbH, Robert-Bosch-Straße 11, 64293 Darmstadt, Coface Central Europe Holding AG, Stubenring 24, A-1010 Vienna, CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich, Creditreform, Machtlfinger Straße 13, 81302 München, EOS Deutschland GmbH, Gottlieb-Daimler-Ring 7-9, 74906 Bad Rappenau. 
 
Maintaining a group-wide credit rating database
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, the participating companies that serve the same customers can use the information of these customers within the organization. The procedure pursues the objective of always providing customers with the most current and relevant information. This treatment of the client's interests is understood as profiling under article 4, subsection 4) of the General Data Protection Regulation adopted by the European Parliament on April 27, 2018; the decision-making process is not automated. The storage of customer data is carried out at the company level and separately, for which BayWa AG acts as provider for each of the participating companies.

A list of BayWa AG subsidiaries can be found at the following link: www.baywa.com/konzern/im_profil/konzerngesellschaften/

If an offer is made or a sale is made through the manufacturer's portals, the data you provide will be processed directly on the manufacturer's portal.

Authorities, courts or some external auditors may also receive your data whether there is a legal obligation or in the context of legal proceedings.

If necessary to initiate and fulfill the contract, other recipients of your data may be insurers, banks, credit information agencies, suppliers, and in the case of project sales, also investors.

Your particular financial information will be shared with the payment processing service provider with which BayWa r.e. has a contractual relationship for these purposes and is obliged to keep this information confidential and treat it solely and exclusively for the described purposes of payment processing and routing of electronic cards.

7.  How long is my data stored?

We process your data until the end of the commercial relationship or until the expiration of the current guarantee, prescription and conservation period established by law (in the Commercial Code and in the Tax Code); also until the conclusion of possible litigation in which your data is needed as evidence.

In the case of video surveillance, the image data is deleted after 7 days as a rule.

In the case of payment processing by credit or debit cards, BayWa r.e. will store the information contained in the sales receipts for a duration of 10 years.

Once the BayWa r.e. will block your personal data so that they are not used for a period of 6 months and then permanently delete them.

8.  Processing of applicant data

If you apply to us through the BayWa r.e. Career Portal, we will store your personal data in a secure operating environment to prevent loss or misuse. The controller of your personal data will be the group company BayWa r.e. to whom you apply through our applicant management system. You will find the contact details of this company in the job offer on the BayWa r.e. job portal.

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

In the context of the recruitment process, we primarily process the following categories of personal data:

  • Name, date of birth, place of residence.
  • Professional Documents (certificates, accreditations, resume).
  • Training history (data on academic education (university), professional qualification).
  • Bank details (to reimburse the costs of submitting applications).
  • Communication data (email, telephone).
  • Log data originating from the use of computer systems.

BayWa r.e. under no circumstance does it request personal data considered sensitive since it is not necessary for the hiring process, in the event that BayWa re receives information related to the state of health, religious belief or union affiliation indicated in the curriculum said information will be treated strictly confidential.

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

We treat your personal data in accordance with the Federal Law on Protection of Personal Data Held by Private Parties, its regulations and other applicable national regulations.

The data is processed to carry out the recruitment process, to prepare and justify an employment relationship with the BayWa r.e. group company. to which you have submitted an application.

8.3. How does the application process work?

You can apply directly for one of the ads posted on the BayWa r.e. job portal. entering their data in the corresponding form of the advertised position. In addition to entering the information manually, you have the possibility to transfer certain personal data to the application form from your XING or LinkedIn profile or through the "CV analysis" function.

We will keep you informed about the processing status of your application by email. As part of the recruitment process, we may ask you if we can forward your application documents to other job offers that match your profile – under certain circumstances, also from other BayWa re group companies – or store them in our database. candidate data.

If you have applied on your own initiative via the BayWa r.e. job portal, we may ask you whether we can forward your application documents to other job offers that fit your profile within the BayWa r.e. group. If, at the time of applying, there is no position that corresponds to your qualifications or your wishes, after consultation with you and if appropriate, we will include you in our database of candidates.

Paper or email applications referring to the recruitment process through the BayWa r.e. Career Portal will not be accepted, and the data will not be transferred to the Applicant Management System. Therefore, paper applications will be deleted immediately in accordance with data protection legislation. Email requests will also be deleted on the spot. However, this will not apply to applications received on paper or by email on the occasion of a special occasion (a meeting at a fair). In this case, your data will be imported into the applicant management system. The process mentioned above will also be valid for requests 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 must keep your data for a period of six months to comply with the legal requirement of the proper treatment of requests, as well as to be able to answer questions related to your request or its rejection.

After completion of the application process, i.e. after we have given you a yes or no answer, we will delete your personal data after six months. Anonymous key data from the request is created for statistical purposes.

As soon as you agree to be part of our candidate database, your data will be stored in it and processed for twelve months. Your personal data will be deleted after this period has elapsed.

As soon as a job offer from a BayWa r.e. and agree to be part of the corresponding contracting process, your data will be transferred to the relevant company. In this case, your personal data will be stored for a period of six months after the contracting process is completed, as mentioned above. If during the process there is no hiring or if you do not agree to be part of said process, your data will be transferred back to our database of candidates, if they ever left it. In both cases, your personal data will be kept for a period of twelve months from the date it was first included in the database, and will then be deleted.

You can object at any time to your data being saved in our candidate database. In this case the usual retention period of six months will apply. It is not possible to manually delete your data before the end of the usual retention period.

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 information is collected when you visit this website?

10.1. 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 absolutely 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 individual 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:

a. 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 collected and the other websites you visit are not tracked.

b. 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.

c. 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.

d. 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.

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. Is any personal data transferred to other countries?

BayWa r.e. do not transmit your data to national of foreign third parties without your express consent, however, due to the nature of BayWa´s operations, your data may be transmitted to mother companies or subsidiaries that have the same privacy standards. Likewise, BayWa is assured by signing agreements and adopting other binding documents, maintaining adequate security, administrative, technical and physical measures to safeguard your data, as well as the use of your personal data for the purposes for which were obtained according to this Privacy Notice.

12. What data protection rights do I have?

The rights that correspond to you at all times are the following: right of access, rectification, cancellation (deletion) or opposition to the processing of your personal data; right to portability and right to claim according to the provisions of the applicable data legislation, likewise, you may limit or revoke your consent for the processing of your personal data at any time.

To exercise any of your rights, you must submit a written request to the following email address: [email protected], or at the address located at Camino al CUCBA No. 1204 Int. 28-20 , Col. San Juan de Ocotán, in Zapopan, Jalisco, CP 45019. Said request must include the following information: i) your full name or company name, ii) official identification document to verify your identity, iii) email address, iv) right you wish to exercise and personal data regarding of which you wish to exercise that right.

BayWa r.e. will respond to your request via email to the requested request within 15 fifteen business days. In case the applicant fails to indicate his email address, the response will be available to the applicant at the address of BayWa r.e. a response within the same period of 15 fifteen business days. The response will be made available to the owner for a period of 15 working days, after that period, the applicant must make a new request.

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, partially or totally, 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.
Irrespective of whether or not you exercise your right to deletion, we will delete your data immediately and completely, provided this is unhindered by any legal transaction or legal retention period to the contrary.

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 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 instead 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.

If technically feasible, you can ask that we transfer your data directly to another person responsible.

Right of appeal
If you believe that we are violating Mexican data protection law when processing your data, please contact us to clarify any questions. Of course, you are also entitled, to contact the authority responsible  the National Institute for Transparency, Information Access and Personal Data (INAI) for further information please go to: http://inicio.ifai.org.mx

If you wish to assert any of the above rights against us, please contact the contact named under no. 1. In case of any doubt, we may request additional information to confirm your identity.

13. 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.

*    *    *

CONTACT OF THE PERSON RESPONSIBLE FOR COLLECTING PERSONAL DATA

You can reach the responsible of Data Privacy for any questions or clarifications regarding this Privacy Notice on the following contact information. You can also find our privacy notice on the website solar-distribution.baywa-re.mx and in our offices.

Responsable: Andres González Reyes Retana
Telephones: (33) 3619-0695
Email:  andres.gonzalez(at)baywa-re.mx
Address: Camino al CUCBA No. 1204 Int. 28-29, Col. San Juan de Ocotán, in Zapopan, Jalisco, C.P. 45019
Hours: Monday to Friday from 9:00 a.m. to 6:00 p.m.
Website: 

solar-distribution.baywa-re.mx

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