Siemens Malaysia Sdn. Bhd.
Level 1, Reception, CP Tower
No. 11, Jalan 16/11, Pusat Dagang Seksyen 16
46350 Petaling Jaya,
Tel. +60 3 7952 5555
Fax +60 3 7955 1155
Date of Incorporation
16 November 1982
Board of Directors
Madan Mohan Subramanian
Lim Sim Yee
Level 15-1, CP Tower, No. 11 Jalan 16/11, Pusat Dagang Seksyen 16, 46350 Petaling Jaya, Selangor, Malaysia
A. Siemens Commitment to Data Protection
Protecting the security and protection of your personal data is important to Siemens; therefore, we conduct our business in compliance with applicable laws on data protection and data security.
B. Personal Data
All information relating to an identified or identifiable individual (natural person) including name, contact . details, address, email address, NRIC number or passport number, gender, age, date of birth, job title, particulars of spouse or family members, and any information which is collected, recorded, held or stored by the Company.
To protect individuals with regard to the collection, processing, use, disclosure and care of their personal data.
Implementation of Siemens Z Circular No. 10/2004 - Corporate Data Privacy Protection Guidelines to ensure an adequate level of protection of data privacy - in particular the protection of personal data pertaining to our customers, suppliers, shareholders and employees.
In accordance with ZV CPO Circular No. 1/2008 - Inter Company Agreements for the protection of personal data in company-wide IT systems and V Announcement - Organization: Data Protection.
To abide by the enactment of the Personal Data Protection Act 2010 of Malaysia.
D. Purpose of Processing of Personal Data
Your personal data will be used and processed by Siemens for the purposes, including but not limited to:
- for preparing and executing all such instruments, documents and agreements necessary for purpose of entering into transactions with Siemens;
- to enable Siemens to carry out or perform any services or functions for the purposes of responding to your inquiry or processing your order; and
- for Siemens to communicate with you or contact you for all purposes set out above.
It is voluntary for you to supply your Personal Data to Siemens. However, if you do not provide your Personal Data, Siemens may not be able to:
- carry out effectively the business transactions with you; and
- communicate effectively with you.
E. Disclosure of Personal Data
Your personal data possessed by Siemens shall be kept confidential by Siemens. However, it may be necessary for Siemens to disclose and transfer your personal data to third party companies, entities or service providers engaged by Siemens to perform certain services on the Siemens' behalf, including the following:
- insurance providers;
- storage facility providers;
- external advisors and other professional advisors, such as auditors and legal firms;
- contractors or sub-contractors; and
- such other service provider that may be appointed by Siemens.
F. Email and Website
Any personal data provided via your registration through the Siemen's Website and any personal data contained in the emails and ‘Contact Us' messages sent via the Siemen's Website to Siemens shall be used and processed in the manner set out in this Guideline. The content of the messages shall be strictly monitored by Siemens.
If you do not wish for your personal data to be collected via cookies on the Website, please configure your internet browser to delete or deactivate cookies.
Siemen's Website may contain links to other sites and pages not owned by the Siemens. Siemens shall not be responsible for any personal data or information that you may provide to other entity via such links.
G. Accessing your Personal Data
Subject to the payment of an administrative fee, you may access personal data which we collect, use, disclose and/or process about you. If you wish to access your personal data, please send a written request to email@example.com, including name, contact details, proof of your identity (e.g. a copy of your driving licence or passport), specify the personal data which you wish to access, including any account or reference numbers (where applicable).
H. Limiting Process of or Correcting your Personal Data
You may request for correction to be made on your personal data, or limiting the processing of your personal data via a written request to firstname.lastname@example.org, specifying the personal data which you deem incorrect and providing the correct data or the limitation you wish to have on processing your personal data.
I. Security Measure and Retention Period
Your personal data possessed by Siemens shall be kept secured through reasonable and appropriate administrative and security measures and procedures to prevent any unauthorized or unlawful processing, loss of or damage to, your personal data.
It is important to cease the retention of personal data as soon as the purpose of collection is no longer served by the retention; and retention is no longer necessary for business or legal purposes
J. Implications for non-conformance
An organisation which contravenes the Personal Data Protection Principles may be subjected to a financial penalty of an amount not exceeding RM300,000 or imprisonment for a term not exceeding two years or both.
K. Amendment to Policy
Siemens reserves the right to amend or modify this policy from time to time without prior notice to you.
1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
2.1. This Siemens Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2. Siemens may stop the operation of the Siemens Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Siemens cannot accept any liability for the continuous availability of the Siemens Web Site.
3. Registration, Password
3.1. Some pages of the Siemens Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens reserves the right to deny registration to any User. Siemens particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User:
- uses false data for the purpose of registration;
- violates any applicable laws in the access to or use of the Siemens Web Site; or
- did not use the Siemens Web Site for a longer period.
3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Siemens, is current at all times and an address at which the User can be contacted.
3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Siemens into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Siemens thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5. After receipt of the notice under paragraph 3.4, Siemens will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Siemens or upon new registration.
3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Siemens will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Rights of Use to Information, Software and Documentation
4.2. Siemens grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Siemens Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Siemens in making same available.
4.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
5. Intellectual Property
5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
5.3. Siemens may, without charge, use any ideas or proposals stored by a User on the Siemens Web Sites for the development, improvement and sale of its products.
6. Duties of the User
6.1. In accessing or using the Siemens Web Site the User shall not
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- contravene any applicable law and/or rules and/or regulation of Malaysia;
- use Siemens Web Site to carry out and/or undertake illegal activities or any activities prohibited by law;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
The Siemens Web Site may contain hyperlinks to the web pages of third parties. Siemens shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Siemens does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
8. Liability for defects of title or quality
8.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
8.2. The information on the Siemens Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. Other Liability, Viruses
9.2. Although Siemens makes every endeavor to keep the Siemens Web Site free from viruses, Siemens cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10. Compliance with Export Control Regulations
10.1. If the User transfers information, software and documentation provided by Siemens to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union and of the United States of America.
10.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that
- There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Siemens, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
- Such information, software and documentation provided by Siemens are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
- The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
10.3. If required to enable authorities or Siemens to conduct export control checks, the User, upon request by Siemens, shall promptly provide Siemens with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Siemens, as well as any export control restrictions existing.
10.4. The User shall indemnify and hold harmless Siemens from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Siemens for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
10.5. Siemens shall not be obligated to fulfill this agreement if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions.
11. Data Privacy Protection
12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
12.1. Any supplementary agreement requires the written form.
12.2. The place of jurisdiction shall be Malaysia if the User is a person with his principal place of residence in Malaysia or a body corporate formed or incorporated or existing in Malaysia.
12.3. The individual pages of the Siemens Web Site are operated and administered by Siemens Aktiengesellschaft, Siemens Malaysia and/ or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Siemens makes no representation that information, software and/or documentation on the Siemens Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Siemens Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Siemens Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Siemens, the User should contact the Siemens representative for the particular country for country specific business.