Categories of personal data processed, purpose of the processing and legal basis 

When visiting Siemens’ websites, applications or online tools (each a “Siemens Online Offering”), Siemens may process the following personal data about you:

• Personal data that you actively and voluntarily provide via the Siemens Online Offering (e.g., when registering, contacting us with your inquiries or participating in surveys, etc.), including name, e-mail address, telephone number, information submitted as part of a support request, comments or forum posts, etc.; and
• Information that is automatically sent to us by your web browser or device, such as your IP-address, device type, browser type, referring site, sites accessed during your visit, the date and time of each visitor request.

We process your personal data for the following purposes: 

• To provide the Siemens Online Offering’s services and functions and to administer your use of the Siemens Online Offering;
• To verify your identity (if you registered for a Siemens Online Offering);
• To answer and fulfill your specific requests; and
• As reasonably necessary to enforce the applicable terms of use, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on Siemens’ information technology systems.
• If you are an existing customer of Siemens Financial Services Ltd., (or are applying to become a customer of Siemens Financial Services Ltd.), please click here to understand how we process your information.

The legal basis for Siemens processing data about you is that such processing is necessary for the purposes of:

• Siemens exercising its rights and performing its obligations in connection with any contract we make with you (Article 6 (1) (b) General Data Protection Regulation); 
• Compliance with Siemens’ legal obligations (Article 6 (1) (c) General Data Protection Regulation); and/or
• Legitimate interests pursued by Siemens (Article 6 (1) (f) General Data Protection Regulation). Generally the legitimate interest pursued by Siemens in relation to our use of your personal data is the the efficient performance or management of your use of the Siemens Online Offerings.

In some cases, we may ask if you consent to the relevant use of your personal data. In such cases, the legal basis for Siemens processing that data about you may (in addition or instead) be that you have consented (Article 6 (1) (a) General Data Protection Regulation).

Cookies

We may use cookies within Siemens Online Offerings. You can find information on Siemens’ use of cookies in our Cookie Notice. The Cookie Notice also provides information on how to block and object to the use of cookies and the processing of data collected by cookies.

Links to other websites

This Privacy Notice applies only to Siemens Online Offerings and not to other websites or applications operated by third parties. We may provide links to other websites and applications which we believe may be of interest to you. Siemens is not responsible for the privacy practices of such other websites or applications.

Categories of personal data processed, purpose of the processing and legal basis

In the context of the business relationship with Siemens, Siemens may process the following categories of personal data of current and future contact persons at our customers, suppliers, vendors and partners (each a “Business Partner”): 

• Contact information, such as full name, work address, work telephone number, work mobile phone number, work fax number and work email address; 
• Payment data, such as data necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information; 
• Further information necessarily processed in a project or contractual relationship with Siemens or voluntarily provided by the Business Partner, such as personal data relating to orders placed, payments made, requests, and project milestones; 
• Personal data collected from publicly available resources, integrity data bases and credit agencies; and
• If legally required for Business Partner compliance screenings: date of birth, ID numbers, identity cards and information about relevant and significant litigation or other legal proceedings against Business Partners.

Siemens may process the personal data for the following purposes: 

• Communicating with Business Partners about products, services and projects of Siemens or Business Partners, e.g. by responding to inquiries or requests or providing you with technical information about purchased products;
• Planning, performing and managing the (contractual) relationship with Business Partners; e.g. by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities, arranging shipments and deliveries, facilitating repairs and providing support services;
• Administrating and performing customer surveys, marketing campaigns, market analysis, sweepstakes, contests, or other promotional activities or events;
• Maintaining and protecting the security of our products, services and websites, preventing and detecting security threats, fraud or other criminal or malicious activities; 
• Ensuring compliance with legal obligations (such as record keeping obligations), export control and customs, Business Partner compliance screening obligations (to prevent white-collar or money laundering crimes), and Siemens policies or industry standards; and
• Solving disputes, enforce our contractual agreements and to establish, exercise or defend legal claims.

The legal basis for Siemens processing data about you is that such processing is necessary for the purposes of:

• Siemens exercising its rights and performing its obligations in connection with any contract we make with you (Article 6 (1) (b) General Data Protection Regulation),
• Compliance with Siemens’ legal obligations (Article 6 (1) (c) General Data Protection Regulation), and/or
• Legitimate interests pursued by Siemens (Article 6 (1) (f) General Data Protection Regulation).  

Generally the legitimate interest pursued by Siemens in relation to our use of your personal data is the efficient performance or management of our business relationship with you.
 

In some cases, we may ask if you consent to the relevant use of your personal data. In such cases, the legal basis for Siemens processing that data about you may (in addition or instead) be that you have consented (Article 6 (1) (a) General Data Protection Regulation).

Siemens may transfer your personal data to:

• other Siemens companies in connection with your use of the Siemens Online Offerings or our business relationship with you;
• third parties which provide IT services to Siemens and which process such data only for the purpose of such services (e.g., hosting or IT maintenance and support services); and
• courts, arbitration bodies, law enforcement authorities, regulators or attorneys if necessary to comply with the law or for the establishment, exercise or defense of rights or legal claims. 

Sometimes the recipients to whom Siemens transfers your personal data are located in countries in which applicable laws do not offer the same level of data protection as the laws of your home country. 

In such cases, Siemens takes measures to implement appropriate and suitable safeguards for the protection of your personal data. In particular:

• We share your personal data with Siemens companies in such countries only if they have implemented the Siemens Binding Corporate Rules („BCR“) for the protection of personal data. Further information about the Siemens BCR can be found here.
• We transfer personal data to external recipients in such countries only if the recipient has (i) entered into EU Standard Contractual Clauses with Siemens, (ii) implemented Binding Corporate Rules in its organization or (iii) – in case of US recipients – the recipient is certified under the Privacy Shield. You may request further information about the safeguards implemented in relation to specific transfers by contacting dataprotection@siemens.com.

Personal data published by you on Siemens Online Offerings (such as chat rooms or forums) may be globally accessible to other registered user of the respective Siemens Online Offering.  

Unless indicated otherwise at the time of the collection of your personal data (e.g. within a form completed by you), we erase your personal data if the retention of that personal data is no longer necessary (i) for the purposes for which they were collected or otherwise processed, or (ii) to comply with legal obligations (such as retention obligations under tax or commercial laws). 

In case you declared your consent for the processing of certain personal data by Siemens, you have the right to withdraw the consent at any time with future effect, i.e. the withdrawal of the consent does not affect the lawfulness of processing based on the consent before its withdrawal. If the consent is withdrawn, Siemens may only further process the personal data where there is another legal ground for the processing. 

Under applicable data protection law you may have the right to:

• Obtain from Siemens confirmation as to whether or not personal data concerning you are being processed, and where that is the case, access to the personal data;
• Obtain from Siemens the rectification of inaccurate personal data concerning you;
• Obtain from Siemens the erasure of your personal data; 
• Obtain from Siemens restriction of processing regarding your personal data; 
• Data portability concerning personal data, which you actively provided; and
• Object, on grounds relating to your particular situation, to processing of personal data concerning you.

The Siemens Data Protection Organization provides support with any data privacy related questions, comments, concerns or complaints or in case you wish to exercise any of your data privacy related rights. The Siemens Data Privacy Organization may be contacted at: dataprotection@siemens.com. 

The Siemens Data Privacy Organization will always use best efforts to address and settle any requests or complaints you bring to its attention. Besides contacting the Siemens Data Privacy Organization, you always have the right to approach the competent data protection authority with your request or complaint. 

A list and contact details of local data protection authorities is available here.

    1.1. Any use of this web site provided by Siemens Aktiengesellschaft and/or its affiliates ("Siemens"), "Siemens Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g . for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Siemens Web Site these Terms of Use are accepted in their then current version.

    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.

    1.3. If the User uses this Siemens Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312i para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.

    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.

    3.1. 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 these Terms of Use or neglects its duty of care with regard to User Data;
    - 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.

    4.1. The use of any information, software and documentation made available on or via this Siemens Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Siemens. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

    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.

    4.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Siemens shall make the source code available in return for the payment of costs.

    4.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

    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.

    4.6. §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

    5.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Siemens Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Siemens.

    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.

    6.1. 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;
    - 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.

    6.2. Siemens may deny access to the Siemens Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

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.

    8.1. 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.

    9.1. The liability of Siemens for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Siemens is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

    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.

    10.1. 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' obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.

For collection, use and processing of personally identifiable data of the User of the Siemens Web Site, Siemens shall comply with applicable laws on data privacy protection and the Siemens Web Site Data Protection Privacy Notice, which is available per hyperlink on the Siemens Web Site and/or on www.siemens.com.

    12.1. Any supplementary agreement requires the written form.

    12.2. The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

    12.3. The individual pages of the Siemens Web Site are operated and administered by Siemens Aktiengesellschaft 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.

    12.4. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.