FarmFacts GmbH Data Privacy Policy

April 2021

We take the protection of your personal data very seriously. We therefore always process your personal data („data“) in accordance with legal regulations. This Data Privacy Policy provides information about the processing of your data in our company and extensively covers the data protection entitlements and rights granted to you under the European General Data Protection Regulation (EU-GDPR).

The responsible party is FarmFacts GmbH, Rennbahnstr. 9, 84347 Pfarrkirchen, E-Mail: info@nextfarming.de, Tel: 08561 9999 111.
The FarmFacts GmbH external data protection officer is reachable under: datenschutzbeauftragter@baywa.de.
 

We process data that we receive from you during our initial business contact and business relationship. Additionally, we duly process data that we receive from credit agencies, creditor protection associations, publicly accessible sources (e.g. company register, register of associations, land register, media), and other companies with which we maintain long-standing business relationships and from which we have rightfully received the data.

Personal data includes:
The name of your legal representative, company, commercial register number, VAT ID number, company number, address, contact details for point of contact (email address, telephone number, fax), payment details, master data entered into the cloud and desktop products, cultivated areas, employe information provided to us, other specialized information (e.g. fields, machines, seed types), usage data (e.g. type and time of module used ,login frequency), information about the nature and content of our business relationship such as contractual data, sales and document data, customer and supplier history, consultation documents, vehicle data when renting, information about your financial status (e.g. credit rating data), advertising and sales data, documentation data (e.g. consultation protocol), image data, information from your electronic communication with FarmFacts GmbH (e.g. IP address, login data), other data that we receive from you as part of our business relationship (e.g. during talks with customers), data that we generate ourselves from master/contact data and other data (e.g. via customer requirement analysis and customer potential analysis), documentation regarding your declaration of consent for the receipt of e.g. newsletters or photos taken at public events.

We process your data in accordance with the latest provisions contained in the General Data Protection Regulation (GDPR) and the Federal Data Protection Act of 2018 (BDSG 2018): 

• to fulfil (pre-) contractual obligations (Art. 6 Sec 1 letter b of the GDPR)
  Your data is processed for the sale and distribution of our good and services, for procurement and logistics purposes, and for supplier and customer management and analysis. In particular, the data is processed by us when initiating business contact and when executing contracts with you.
   
• to fulfil legal obligations (Art. 6 Sec. 1 letter c of the GDPR)
  Your data must be processed in order to fulfil various legal obligations, e.g. such as those outlined in the commercial code or tax code, anti-money laundering legislation, or product-specific regulations such as the Ordinance of Hazardous Substances. 
   
• to safeguard legitimate interests (Art.6 Sec.1 letter f of the GDPR):
  With respect to a balancing of interests, we can process data beyond the actual fulfilment of the contract with you in order to safeguard own or third party legitimate interests. Data is processed for the safeguarding of legitimate interests in, amongst others, the following cases:
  • consultation and exchange of data with credit agencies and creditor protection associations so as to determine credit rating data and manage a group-wide credit rating database in order to identify financial default risks in common customers;
  • advertising or marketing;
  • measures to control business processes and develop services and products;
  • management of a group-wide customer database to improve customer service;
  • in the pursuit of legal prosecution
     
• within the scope of your consent (Art 6 Sec. 1lit.a DS-GVO):
  ​​​​​​​If you grant us your consent to the processing of your data, such data shall only be processed in accordance with your declaration of consent and to the extent agreed therein. Granted consent can be revoked at any time with future effect, e.g. for the newsletter subscription. To do so, please contact us using the information provided in Nr.1.

We use your personal data in order to communicate with you about your orders, about specific products, for 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 promotional purposes at any time, either entirely or only for specific cases, without any costs beyond the basic costs of transmitting your message. To do so, please contact us using the information provided in Nr.1.

Product recommendations per email

FarmFacts GmbH is authorised, in accordance with the legal requirements of Section 7 Par 3 of the Unfair Competition Act (UWG), to use the email address provided to us by you when ordering a product or service for direct marketing of similar products or services offered by the company. You shall receive these product recommendations irrespective of whether or not you have subscribed to the newsletter. 
If you no longer wish to receive product recommendations from us by email, you can object to the use of your email for this purpose at any time, , without any costs beyond the basic costs of transmitting your message. To do so, please contact us using the information provided in Nr.1.

Newsletter

We use the so-called double opt-in procedure for newsletter subscriptions, i.e. we will only send you the newsletter by email if you have expressly confirmed to us beforehand that we should activate the newsletter service. We will then send you an email notification and ask you to confirm that you would like to receive our newletter by clicking a link contained herein.

Should you no longer wish to receive the newsletter, you can cancel your subscription at any time, without any costs beyond the basic costs of transmitting your message. A notification in writing to the contact person provided in Nr.1 is sufficient. An unsubscription link is also included in every newsletter. 

Profiling when visiting this website

Profiling based on your click behaviour is performed on our website. This serves to improve your customer experience.

In addition, various specialist articles or offers will be suggested to you based on your surfing behaviour on our website. We use cookies to enable this. As far as you do not wish this, you can configure your browser in such a way that it informs you of the placement of cookies and allows you to permit them only in individual cases. You may not be able to use all of the functions of our website if you disable cookies.

Profiling is also performed as part of our customer relationship management, based on your purchasing behaviour in our subsidiaries, and based on customer talks.  
In all of these cases, automated decision-making as understood by the GDPR does not take place.
 

Transmission of data to credit agencies

FarmFacts GmbH transmits personal data collected during the course of our contractual relationship concerning contractual negotiations, the initiation, performance and termination of our business relationship, as well as data concerning non-conforming or fraudulent conduct to the following credit agencies: SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany; Coface Central Europe Holding AG, Stubenring 24, A-1010 Vienna,Austria; Creditreform, Machtlfinger Straße 13, 81302 Munich, 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 protect the legitimate interests of FarmFacts GmbH or a third-party which prevail over the data subject's interests, fundamental rights and fundamental freedoms that require the protection of personal data. The exchange of data with these credit agencies also serves the purpose of preventing fraud and verifying the identity. FarmFacts GmbH can use the match rating provided by the credit agency and, where applicable, references to an identity-card-based legitimation check carried out with the credit agency or another business partner to find out whether a certain person's information are recorded in the credit agency's data set for the address indicated by the customer.

The credit agency processes the data received and also uses it for the purpose of generating profiles (scoring) 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 natural individual. For further information on SCHUFA's activities, please refer to the website: schufa.de/datenschutz. The data protection information of the other credit agencies mentioned-above can be reviewed on their respective websites, as well.

Maintaining a group-wide credit rating database

If we, within the scope of legal admissibility, collect credit rating data about you from a credit agency, we shall save this information in a system to which affiliates participating in BayWa credit management have access. The objective here is to facilitate processing and identify financial default risks in common customers. The credit rating database may only be accessed if there is a legitimate interest on the part of the respective affiliate.

The software solution NEXT Farming consists of a platform, on which individual applications can be booked, managed, and used, and consisting of the individual applications themselves. We only save such data which is required for the execution of the functions of the NEXT Farming application which you have selected or that is required for the service or consultation that you have requested. This information is not collected automatically, but must voluntarily be entered by you following your consent to the storage of data. This personal data is stored by us in a database to which third parties have no access and which is protected by suitable measures against external access. This data is stored exclusively on computer systems whose physical location is in Germany. The transmission of the payment data is SSL-encrypted. 
The desktop products store personal data in the form of master data for the purpose of synchronization between desktop and mobile app, or on-board computer systems and for the purpose of license information queries. Such data is also stored on a server located in Germany. This data is transported back and forth between the desktop system, the server, and the mobile app via appropriate interface formats and such data transmission must be triggered by the respective desktop user. 

In case that you use the provided contact form your data will be transmitted to FarmFacts Hungary Kft for the processing of your request. For this purpose you accept the data privacy policy of FarmFacts Hungary Kft. If we use a service provider to process data on our behalf, we shall still be responsible for protecting your data. All such data processors are contractually obligated to treat your data as confidential and may only process it to the extent necessary to provide their service. The data processors commissioned by us shall receive your data provided that they require it in order to render their respective service. Our data processors include IT service providers, whom we require for the operation and security of our IT system, and commercial and directory publishers for our advertising campaigns.
Your data shall also be processed in the FarmFacts GmbH customer database. The FarmFacts GmbH customer database helps to increase the quality of existing customer data (clean-up of duplicate entries, moved out/died indicator, correction of addresses) and enrich it with information from public sources. This data can be used for personalised direct marketing campaigns (e.g. newsletter), targeted online marketing, and personalised online shop presentation.

The aim of this approach is to consistently provide customers with the latest and most relevant information. This processing of customer interests constitutes profiling as defined in Art. 4 of the GDPR; automated decision-making does not take place.
If an offer is submitted or a sale takes place via manufacturer portals, data provided by you shall be processed directly in the manufacturer's portal.

Should you book a partner module on NEXT Farming modules, apps, and services, the data shall only be provided to the partner following your active prior consent. 

If you have purchased a product that requires or allows for a data exchange between FarmFacts GmbH products and a third party, this will only take place following manually initiated synchronization commands by you.

If there is a legal obligation and legal prosecution is pursued, authorities, courts, and external auditors can all become recipients of your data.
Furthermore, for the purpose of initiating or fulfilling our contract with you, insurance companies, banks, credit agencies, and service providers can also become recipients of your data.

We process your data up until the business relationship ends or until the applicable warranty periods, guarantee terms, periods of limitation, and statutory retention periods have lapsed (for example, as set out in the commercial code or tax code); additionally, until any disputes have been concluded where this data is required.

You can apply directly to jobs posted the BayWa AG applicant portal by entering your data in an application profile created individually for the posted position. We will keep you informed about the processing status of your application, usually by email. Once the application procedure has been concluded by a rejection on our part, we as well as BayWa AG will store your application documents for a period of six months in order to be able to answer questions in connection with your application and its rejection. Your application documents will then be completely deleted; no separate notification will be made. For detailed information on the processing of data in the course of the application process, please refer to this link. 

Please note that sending unencrypted emails is regarded unsafe because unauthorised parties may gain access to the email's contents and possibly manipulate them. We therefore recommend that you do not send any sensitive information when communicating with us by email. Please use the BayWa applicant portal if applying for a position, as your application documents can be transferred in a secure manner to the portal. If you do have to send sensitive data by email, please ensure that it is sent with content encryption. Encryption instructions are available here.

In principle, we do not submit data to third countries. In individual cases, data is disclosed only as a result of an adequacy decision from the European Commission, standard contractual clauses, appropriate guarantees, or your express consent.

your stored data, the right to object to the processing of your data, the right to data portability, and the right of complaint in accordance with the provisions of data protection law, at any time.

Right to information: 

You may demand confirmation from us as to whether and to what extent we process your data.

Right to rectification: 

If we process your personal data, and if it is incomplete or incorrect, you may demand, at any time, that we correct or supplement it.

Right to erasure: 

You may demand that we delete your personal data if we process it illegally or if such processing disproportionately interferes with your justified interest of protection. Please note that there may be reasons that prevent an immediate deletion, e.g. statutory retention obligations. Irrespective of your right to erasure, we will delete your data immediately and completely unless such action is prevented by a relevant contractual or legal retention period.

Right to restriction of processing: 

You may demand that we limit the processing of your data if

• you dispute the accuracy of the data, for such a period of time that allows us to verify its correctness;
• processing the data is illegal, but you are opposed to its deletion and demand limitation of its use instead;
• we no longer need the data for the intended purpose, but you still need it to assert or defend any claims; or
• you have filed an objection against the processing of the data.

Right to data portability: 

You have the right to receive the data which you have provided to us in a structured, commonly used, and machine-readable format, and have the right to disclose this data to another responsible party without hindrance from us, provided that: 

•  we process this data on the basis of a revocable declaration of consent provided by you or in order to fulfil a contract concluded between us; and
• the processing is carried out by automated means. 

If technically feasible, you have the right to have your data transmitted directly to another responsible party by us.

Right to object: 

If we process your data on the basis of legitimate interests, you have the right to object to this processing, on grounds relating to your particular situation, at any time; this also applies to profiling based on these provisions. We shall then no longer process your data unless we can demonstrate compelling, legitimate grounds for its processing, which override your interests, rights, and freedoms or for the establishment, exercise, or defence of legal claims. You have the right to object to the processing of your data for direct marketing purposes at any time, without stating a reason.

Right of complaint: 

If you believe that we are processing your data in violation of German or European data protection law, please contact us to clear up any questions you may have. You are of course entitled to file a complaint with the supervisory authority responsible for FarmFacts GmbH, the Bavarian Data Protection Authority (BayLDA).
If you want to assert any of the above-mentioned rights vis-à-vis our company, please contact us using the information provided in Nr.1. We may request additional information to confirm your identity.

The processing of your data is required in order to conclude or fulfil the contract that you have entered into with us. If you do not provide us with this data, generally speaking, we cannot conclude the contract or execute the order; similarly, we cannot continue to implement an existing contract and this may result in its termination. However, with regard to data not relevant or not legally required for the fulfilment of the contract, you are not obligated to give your consent to data processing.