Privacy Notice for Customers and Business Partners

KWS SAAT SE & Co. KGaA, Grimsehlstraße 31, 37574 Einbeck, Germany (“KWS”) takes data privacy very seriously. KWS typically does not distribute its products directly to farmers (our “Customers”), but distributes products to companies such as wholesalers, sales partners, dealers, suppliers, and other partners (together "Business Partners"). Therefore, KWS collects and processes only limited amount of personal data on the Customers’ side. Data relating to Business Partners is typically not considered personal data. KWS, however, processes professional details and contact information relating to professionals and other contacts persons with the Business Partners. This Privacy Notice sets out how and for which purposes KWS processes personal data relating to Customers as well as to Business Partners and their Contact Persons.

KWS certainly protects personal data and processes such data only in accordance with the applicable legal provisions for the protection of personal data and data security.

1. What legal basis do we have for processing Personal Data?

KWS is a Data Controller as defined by applicable data protection law. We take care to ensure that Personal Data is only used in an appropriate way. Use of personal information under EU data protection laws must be justified under at least one of certain legal "ground" and we set out the grounds in respect of each use in this notice.

The following are the legal grounds that may justify our use of your information:

  • Contract performance, where your data is necessary to enter into or perform our contract with you.
  • Legal obligation, where we need to use your data to comply with our legal obligations.
  • Legitimate interests, where we our reasons for processing your Personal Data outweigh any prejudice to your data protection rights
  • Consent, where you have consented to our use of your information (you will have been presented with a consent form in relation to any such use and may withdraw your consent with future effect any time.

2. Why and for what purpose we collect your Personal Data?

2.1. Data of Customers

As part of our cooperation with Customers, KWS processes Personal Data for the following purposes:

  • Communication with Customers on products, services and projects, e.g. to process Customer inquiries
    Use justification: contract performance, legal obligation, legitimate interest (to market our products and services), consent (for any electronic marketing via email or phone).
  • Planning, execution and administration of the (contractual) business relationship between KWS and the Customer, e.g. processing orders for products and services, collecting payments for accounting, invoicing, collecting debt, and carrying out deliveries
    Use justification: contract performance, legal obligation, consent
  • Conducting customer surveys, marketing campaigns, market analyses, lotteries or similar actions and events
    Use justification: legitimate interest (to market our products and services), consent (where required under applicable privacy laws).
  • Compliance with legal requirements (e.g. tax and commercial law) as well as KWS guidelines and industry standards
    Use justification: contract performance, legal obligation, legitimate interest (to comply with law and prevent compliance issues)
  • Settlement of legal disputes, enforcement of existing contracts and assertion of claims, exercise and defence of legal claims
    Use justification: contract performance, legal obligation, legitimate interest (to defend our legal interest)

2.2. Data of Business Partners and their Contact Persons

As part of our cooperation with Business Partners, KWS processes Personal Data for the following purposes:

  • Communication with Business Partners on products, services and projects, e.g. to process Business Partner inquiries
    Use justification: contract performance, legal obligation, legitimate interests (to market our products and services), consent (for any electronic marketing via email or phone) .
  • Planning, execution and administration of the (contractual) business relationship between KWS and the Business Partner, e.g. processing orders for products and services, collecting payments for accounting, invoicing, collecting debt, and carrying out deliveries;
    Use justification: contract performance, legal obligation
  • Conducting surveys, marketing campaigns, market analyses, lotteries or similar actions and events
    Use justification: legitimate interest (to market our products and services), consent (where required under applicable privacy laws).
  • Compliance with legal requirements (e.g. tax and commercial law) as well as KWS guidelines and industry standards
    Use justification: contract performance, legal obligations, legitimate interest (to comply with law and prevent compliance issues)
  • Settlement of legal disputes, enforcement of existing contracts and assertion of claims, exercise and defence of legal claims
    Use justification: contract performance, legal obligations, legitimate interest (to defend our legal interest).

3. What kind of Personal Data may KWS collect about Customers, Business Partners and Contact Persons?

3.1. Data of Customers

KWS process the following categories of Personal Data, if the above-mentioned criteria are fulfilled:

  • Contact information, such as first and last name, address, telephone number, mobile phone number, date of birth (where freely given to us), fax number and email address;
  • Payment data, such as information on the processing of payment transactions;
  • Further information that need to be processed during a customer project or the execution of a contractual relationship with KWS or which are voluntarily provided by our Customers, such as orders placed, requests made or project details;
  • Business information, such as acreage of Customers, disease and soil conditions, quantity and type of KWS’ and competing products used, loyalty scores;
  • History of interaction, such as participation at KWS events, mailings, interaction with KWS agents and/or freelancers;

3.2. Data of Business Partners and their Contact Persons

KWS process the following categories of Personal Data, if the above-mentioned criteria are fulfilled:

  • Contact information, such as first and last name, business address, business telephone number, business mobile phone number, business fax number and business email address;
  • Payment data, such as information on the processing of payment transactions or fraud prevention including credit card information and security numbers;
  • Further information that need to be processed during the course of a project or the execution of a contractual relationship with KWS or which are voluntarily provided by our Contact Persons, such as orders placed, requests made or project details;
  • Information obtained from publicly available sources, information databases or credit agencies;
  • Where required in the context of compliance screenings: information on relevant litigation and other legal disputes involving business partners.

4. How do we collect your Personal Data?

4.1. Data of Customers

Generally, we obtain your Personal Data only from you. We may also obtain data from our business partners, sales personnel, freelancers or from address dealers.

4.2. Data of Business Partners and their Contact Persons

Generally, we obtain your Personal Data from you. We may also obtain Personal Data from third parties such as our business partners or credit reference and anti-fraud agencies, sanctions and politically exposed person screening lists and public registers.

5. Do we share your data with third parties or send your Personal Datato other countries?

KWS may share Personal Data among KWS subsidiaries but only if this is necessary to fulfill one or more of the above-mentioned purposes.

KWS may disclose Personal Data to courts, regulatory authorities, or to law firms, insofar as this is legally permissible and necessary in order to comply with applicable law, or to assert, exercise, or defend legal claims.

KWS SAAT SE & Co. KGaA, Grimsehlstraße 31, 37574 Einbeck, Germany, the parent company of the KWS group, and its subsidiaries each generally process Customer’s personal data as separate controllers (a controller determines the purposes and means of the processing of personal data), however, use the same IT system across the KWS group. To allow group-wide data analytics and for the Customers’ best comfort, these entities jointly control a Customer’s master data set (i.e., the Customers’ name, address and contact details). When a Customer, for example, changes its address data with one subsidiary of KWS it is, thus, automatically updated in the master data and corrected for all KWS’ subsidiaries having contact to this Customer (acting as joint controllers).

KWS cooperates with service providers (so-called processors), such as service providers for IT maintenance services. These service providers shall only act in accordance with the instructions of KWS and are contractually bound to comply with the applicable data protection requirements.

The recipients described in this Section 5 may be located in countries outside the European Economic Area ("third countries") in which the applicable law does not apply the same data protection level as in your home country. In such event, when we do send your Personal Data to recipients outside the European Economic Area, we will ensure an appropriate level of protection is given to the Personal Data. Please contact KWS if you would like to see a copy of the safeguards we apply in relation to the export of your Personal Data.

6. How long do we keep your Personal Data?

In case KWS has not specified the storage period when collecting the data (e.g. in a declaration of consent) your Personal Data will be deleted if their storing is no longer necessary to fulfill the purpose of storage – unless legal retention obligations (e.g. under commercial or tax law) require longer storage.

7. What are your rights?

If you are situated in the EU, you have certain rights in relation to your Personal Data. Please be aware that certain exceptions apply to the exercise of these rights and so you will not be able to exercise these in all situations. In addition, these will vary in different EU member states.

  • Right to information: You have a right to be provided with access to any data held about you by KWS generally within one (1) month of your request.
  • Rectification: You can ask us to have inaccurate Personal Data amended.
  • Erasure: You can ask us to erase Personal Data in certain circumstances and we will take reasonable steps to inform other controllers that are processing the data that you have requested the erasure of any links to, copies or replication of it.
  • Withdrawal of consent: You can withdraw any consents to processing that you have given us and prevent further processing if there is no other ground under which KWS can process your Personal Data.
  • Restriction: You can require certain Personal Data to be marked as restricted whilst complaints are resolved and also restrict processing in certain other circumstances.
  • Portability: You can ask us to transmit the Personal Data that you have provided to us and we still hold about you to a third party electronically.
  • Raise a complaint: You can raise a complaint about our processing with the data protection regulator in your jurisdiction.

8. Your contact for any queries

If you have any queries or want to exercise any of your data subject rights please contact KWS SAAT SE & Co. KGaA, Grimsehlstraße 31, 37574 Einbeck, Germany.

Email: datenschutz@remove-this.kws.com

You can also contact the responsible data protection supervisory authority at any time. The data protection authority responsible for KWS group is the authority in Germany in charge for KWS SAAT SE & Co. KGaA and its subsidiaries.:

Landesbeauftragte für Datenschutz

Barbara Thiel
Prinzenstraße 5
30159 Hannover

https://www.lfd.niedersachsen.de

Einbeck, May 2018