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 2. Privacy Notice
    




DATA PRIVACY NOTICE

July 2021

 

We (meaning the specific company identified as being the operator of the website
that directed you to this Privacy Notice) believe that protecting the security
and privacy of your personal data is important. This Privacy Notice explains how
we collect, store, use, disclose and transfer (hereinafter “process”) your
personal data. The personal data that we collect about you depends on the
context of your interactions with us, the products. services and features that
you use, your location, and applicable law.

1. Processing of personal data related to your use of our websites, applications
and online services

Categories of personal data processed, purpose of the processing 

 

When visiting our websites or using our applications, or online services (each
an “Online Offering”), we process information which you have actively and
voluntarily provided about yourself, or which has been generated by us in
connection with your use of the Online Offerings, and includes the following
categories of personal data:

 * Your contact information, including name, e-mail address, telephone number;
 * Further personal data that you provide by filling in forms in our Online
   Offerings;
 * Information submitted as part of a support request, survey or comment or
   forum post; and
 * Information on your interaction with the Online Offering, including your
   device and user identifier, information on your operating system, sites and
   services accessed during your visit, the date and time of each visitor
   request.

We process your personal data for the following purposes: 

 * To provide the Online Offering’s services and functions which includes
   creating and administering your online account, updating, securing, and
   troubleshooting, providing support, as well as improving and developing our
   Online Offerings;
 * To bill your use of the Online Offering;
 * To verify your identity;
 * To answer and fulfill your requests or instructions;
 * To process your order or to provide you with access to specific information
   or offers;
 * To contact you with information and offers concerning our products and
   services, to send you further marketing information or to contact you in the
   context of customer satisfaction surveys as explained in Section 3; and
 * As reasonably necessary to enforce the Online Offering’s terms, to establish
   or preserve a legal claim or defense, to prevent fraud or other illegal
   activities, including attacks on our information technology systems.

Cookies

 

Our Online Offerings may use cookies, i.e., small files containing certain
information that are stored on your device. If used by us without your consent,
these cookies are strictly necessary to provide certain functionalities of an
Online Offering to you or to provide you with a service that you requested via
the Online Offering. Other cookies (e.g., cookies for marketing purposes) will
only be used if you have given your consent.

 

Online Offerings provided by your organization

 

Our Online Offerings may be provided to you for your use by the organization to
which you belong, such as our enterprise customers. If your organization
provides you with access to an Online Offering, our processing of personal data
provided by or collected from you or your organization in connection with the
Online Offering’s content is performed under the direction of your organization
and is subject to a data processing agreement between your organization and us.
In such instance, your organization is responsible for any personal data
contained in such content and you should direct any questions about how personal
data contained in such content is used to your organization.

 

Links to other websites

 

This Privacy Notice applies only to Online Offerings that link to this Privacy
Notice and not to other websites or applications of our affiliates that have
their own Privacy Notice or which are operated by third parties. This Privacy
Notice also does not apply in situations where we only process information on
behalf of our Business Partners, e.g., when we act as a web hosting or cloud
provider.  We may provide links to other websites and applications which we
believe may be of interest to you. We are not responsible for the privacy
practices of such other websites or applications.

2. Processing of Personal data related to your business relationship with us

Categories of personal data processed and purpose of the processing 

 

In the context of the business relationship with us, we may process the
following categories of personal data of consumers and contact persons at
(prospective) customers, suppliers, vendors and partners (each a “Business
Partner”): 

 * Contact information, such as full name, job position, 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 us 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 (including business
   and employment oriented social networks and websites), 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.

We may process the personal data for the following purposes: 

 * Communicating with Business Partners about our products, services and
   projects, e.g. by responding to inquiries or requests or providing you with
   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 market analysis, sweepstakes, contests, or
   other customer activities or events;
 * Contacting you with information and offers concerning our products and
   services, sending you further marketing messages and conducting customer
   satisfaction surveys as explained in Section 3; 
 * 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 our policies or industry standards; and
 * Solving disputes, enforce our contractual agreements and to establish,
   exercise or defend legal claims.

3. Processing of personal data for customer satisfaction surveys and for direct
marketing

Where and as permitted under applicable law, we may process your contact
information for direct marketing purposes (e.g. trade show invitations,
newsletters with further information and offers concerning our products and
services) and to carry out customer satisfactions surveys, in each case also by
e-mail. You may object to the processing of your contact data for these
 purposes at any time by writing to contact@siemens.com or by using the opt-out
mechanism provided in the respective communication you received.

4. Transfer and disclosure of personal data

We may transfer your personal data to:

 * other affiliated companies or third parties - e.g. sales partners or
   suppliers - in connection with your use of the Online Offerings or our
   business relationship with you;
 * third parties which provide IT services to us and which process such data
   only for the purpose of such services (e.g., hosting or IT maintenance and
   support services); and
 * third parties in connection with complying with legal obligations or
   establishing, exercising or defending rights or claims (e.g., for court and
   arbitration proceedings, to regulators, law enforcement and government
   authorities, to attorneys and consultants).

The recipients of your personal data may be located outside of the country in
which you reside. Personal data published by you on Online Offerings (such as
chat rooms or forums) may be globally accessible to other registered user of the
respective Online Offering. 

5. Retention Periods

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 for the purposes for
which they were collected or otherwise processed, or to comply with legal
obligations (such as retention obligations under tax or commercial laws).

6. Your rights

The data protection laws in the jurisdiction in which you reside may entitle you
to specific rights in relation to your personal data.

In particular, and subject to the legal requirements, you may be entitled to

 * Obtain from us 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 us the correction of inaccurate personal data concerning you;
 * Obtain from us the erasure of your personal data;
 * Obtain from us 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 further
   processing of personal data concerning you.

7. Security

To protect your personal data against accidental or unlawful destruction, loss,
use, or alteration and against unauthorized disclosure or access, we use
adequate physical, technical and organizational security measures.

8. Data Privacy Contact

Our Data Privacy 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 Data Privacy Organization may be
contacted at: dataprotection@siemens.com.


 

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

9. Processing under the EU’s General Data Protection Regulation: controller,
legal basis for the processing and international transfers

This section applies and provides you with further information if your personal
data is processed by one of our companies located in the European Economic Area.

 

Data Controller

 

The specific company identified on this page as being the operator of this
website is the data controller in the meaning of the General Data Protection
Regulation for the processing activities described in this Privacy Notice.

 

In the course of our business relationship with you, we may share Business
Partner contact information with affiliated Siemens companies. We and these
Siemens companies are jointly responsible for the proper protection of your
personal data (Art. 26 General Data Protection Regulation). To allow you to
effectively exercise your data subject rights in the context of this joint
controllership, we entered into an agreement with these Siemens companies
granting you the right to centrally exercise your data subject rights under
section 6 of this Privacy Notice against Siemens Aktiengesellschaft, Germany.

 

To exercise your rights, you may reach out to: dataprotection@siemens.com.

 

Legal basis of the processing

 

The General Data Protection Regulation requires us to provide you with
information on the legal basis of the processing of your personal data.

 

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

 * exercising our rights and performing our obligations under any contract we
   make with you (Article 6 (1) (b) General Data Protection Regulation)
   (“Contract Performance”);
 * Compliance with our legal obligations (Article 6 (1) (c) General Data
   Protection Regulation) (“Compliance with Legal Obligations”); and/or
 * Legitimate interests pursued by us (Article 6 (1) (f) General Data Protection
   Regulation) (“Legitimate Interest”). Generally, the legitimate interest
   pursued by us in relation to our use of your personal data is the efficient
   performance or management of (i) your use of the Online Offerings, and/or
   (ii) our business relationship with you. Where the below table states that we
   rely on our legitimate interest for a given purpose, we are of the opinion
   that our legitimate interest is not overridden by your interests and rights
   or freedoms, given (i) the regular reviews and related documentation of the
   processing activities described herein, (ii) the protection of your personal
   data by our data privacy processes, including our Binding Corporate Rules on
   the Protection of Personal Data, (iii) the transparency we provide on the
   processing activity, and (iv) the rights you have in relation to the
   processing activity. If you wish to obtain further information on this
   balancing test approach, please contact our Data Privacy Organization at:
   dataprotection@siemens.com.

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

Processing of personal data in the context of Online Offerings - Purpose and
Legal Basis


 

To provide the Online Offering’s services and functions which includes creating
and administering your online account, updating, securing, and troubleshooting,
providing support, as well as improving and developing our Online Offerings

 * Contract Performance (Article 6 (1) (b) General Data Protection Regulation)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

To bill your use of the Online Offering

 * Contract Performance (Article 6 (1) (b) General Data Protection Regulation)
 * Legitimate Interest (Article 6 (1) (f) GDPR

To verify your identity

 * Contract Performance (Article 6 (1) (b) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

To answer and fulfill your requests or instructions

 * Contract Performance (Article 6 (1) (b) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

To process your order or to provide you with access to specific information or
offers

 * Contract Performance (Article 6 (1) (b) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

To send you marketing information or to contact you in the context of customer
satisfaction surveys as further explained in Section 3

 * Consent, if voluntarily provided (Article 6 (1) (a) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

As reasonably necessary to enforce the Online Offering’s terms, to establish or
preserve a legal claim or defense, to prevent fraud or other illegal activities,
including attacks on our information technology systems

 * Compliance with Legal Obligations (Article 6 (1) (c) GDPR
 * Legitimate Interest (Article 6 (1) (f) GDPR)

 

Processing of personal data related to your business relationship with us -
Purpose and Legal Basis

 

Communicating with Business Partners about our products, services and projects,
e.g. by responding to inquiries or requests or providing you with technical
information about purchased products

 * Contract Performance (Article 6 (1) (b) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

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;

 * Contract Performance (Article 6 (1) (b) GDPR)
 * Compliance with Legal Obligations (Article 6 (1) (c) GDPR)

Administrating and performing market analysis, sweepstakes, contests, or other
customer activities or events;

 * Consent, if voluntarily provided (Article 6 (1) (a) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

Conducting customer satisfaction surveys and direct marketing activities as
further explained in Section 3; 

 * Consent, if voluntarily provided (Article 6 (1) (a) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

Maintaining and protecting the security of our products, services and websites,
preventing and detecting security threats, fraud or other criminal or malicious
activities;

 * Legitimate Interest (Article 6 (1) (f) GDPR)

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 our policies or
industry standards; and

 * Compliance with Legal Obligations (Article 6 (1) (c) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

Solving disputes, enforce our contractual agreements and to establish, exercise
or defend legal claims.

 * Compliance with Legal Obligations (Article 6 (1) (c) GDPR)
 * Legitimate Interest (Article 6 (1) (f) GDPR)

International data transfers

 

In the event that we transfer your personal data outside the European Economic
Area, we ensure that your data is protected in a manner which is consistent with
the General Data Protection Regulation.  Therefore, and if required by
applicable law, we take the following measures:

 * We share your personal data with affiliated companies outside the European
   Economic Area only if they have implemented our Binding Corporate Rules
   („BCR“) for the protection of personal data. Further information about the
   BCR can be found here.
 * We transfer personal data to external recipients outside the European
   Economic Area only if the recipient has (i) entered into EU Standard
   Contractual Clauses with us or (ii) implemented Binding Corporate Rules in
   its organization. You may request further information about the safeguards
   implemented in relation to specific transfers by contacting
   dataprotection@siemens.com.

 

Your competent data protection authority

 

In case of data privacy related concerns and requests, we encourage you to
contact our Data Privacy Organization at dataprotection@siemens.com.  Besides
contacting the 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.

10. Further information for US residents

If you are a U.S. resident, then please take note of the following:

 

Do Not Track

 

At this time our Online Offerings do not recognize or respond to “Do Not Track”
browser signals.  For more information on “Do Not Track”, please visit your
browser’s support page.

 

Usage by Children

 

This Online Offering is not directed to children under the age of thirteen. We
will not knowingly collect personal data from children under the age of thirteen
without insisting that they seek prior parental consent if required by
applicable law. We will only use or disclose personal data about a child to the
extent permitted by law, to seek parental consent, pursuant to local law and
regulations or to protect a child.

 

State Rights

 

Depending on the US state in which you reside, you may have special rights with
respect to your personal data.  For information regarding any of those rights,
please click here.

11. Processing under the Brazilian General Data Protection Law

This section applies and provides you with further information if the processing
by one of our companies (i) occurs in Brazilian territory, (ii) concerns the
data of individuals located in Brazilian territory, (iii) comprises personal
data collected in Brazilian territory or (iv) has as its objective the offer or
supply of goods or services to individuals located in Brazilian territory. In
these cases the Brazilian General Data Protection Law (Lei Geral de Proteção de
Dados - LGPD) applies to the processing of your personal data and the following
additions and/or deviations apply to sections 2, 5, 6, 9, of this Data Privacy
Notice:

 

Retention Periods

 

As allowed under article 16 of LGPD we may retain your personal data to comply
with legal or regulatory obligations (such as retention obligations under tax or
commercial laws), during the legal statute of limitation period, or for the
regular exercise of rights in judicial, administrative or arbitration
proceedings.

 

Your rights

 

Additionally to the rights mentioned in this Data Privacy Notice,   you are
entitled under LGPD to:

 * In case you understand your data is not being processed in accordance with
   the applicable data protection law or in an excessive way, request us to
   anonymize, block or delete unnecessary or excessive personal data or;
 * Request information regarding the public and/or private entities we shared
   your personal data with;
 * Be informed about the possibility of not giving your consent to process your
   data and the consequences of not giving the consent in case we request your
   consent to process your data;
 * Revoke at any time your consent to our processing of your personal data in
   case we request your consent to process your data

 

Legal basis of the processing

 

The Brazilian General Data Protection Law requires us to provide you with
information on the legal basis of the processing of your personal data.

The legal basis for our processing is:

 * Article 7 V LGPD (“Contract Performance”);
 * Article 7 II LGPD (“Compliance with Legal Obligations”);
 * Article 10 I and II LGPD (“Legitimate Interest”).
 * Article 7 I LGPD (“Consent”).

 

International transfers 

 

Following the LGPD requirements defined in the Article 33 of Brazilian General
Data Protection Law, in the event that we transfer your personal data outside
the Brazilian territory, we ensure that your data is protected in a manner which
is consistent with the Brazilian General Data Protection Law, we will follow the
applicable law and decisions imposed by the proper authority.

 

Your competent data protection contact

 

If this section applies, you may also contact our  Brazilian Data Privacy
Organization at dataprivacy.br@siemens.com. 

12. Processing under South Africa’s Protection of Personal Information Act

For Businss Partners and users located in South Africa, please take note of the
following:

 

In terms of section 1 of the Protection of Personal Information Act, 2013
(“POPI”), “personal data” or “personal information” includes “information
relating to an identifiable, living, natural person, and where it is applicable,
an identifiable, existing, juristic person.”

 

The corresponding legal grounds and conditions for lawful processing of personal
data in South Africa are contained in Sections 8 to 25 of POPI, and relate to
“Accountability”; “Processing limitation”; “Purpose specification”; “Further
processing limitation”; “Information quality”; “Openness”; “Security safeguards”
and “Data subject participation”.

 

In terms of section 69 of POPI, the processing of personal information of a data
subject for the purposes of direct marketing by means of any form of electronic
communication, including automatic calling machines, facsimile machines, sms’s
or e-mail is prohibited unless the data subject has provided consent to the
processing, or is, subject to further conditions, an existing customer of the
responsible party.

 

For purposes of a Data Subject exercising its rights further enquiries and the
exercise of its rights in relation to access, objection to, and complaints in
respect of the processing of personal data, the contact particulars of the
Information Regulator of South Africa, are as follows: 

 

JD House, 27 Stiemens Street

Braamfontein

Johannesburg

2001

 

PO Box 31533

Braamfontein

Johannesburg

2017

 

Complaints: complaints.IR@justice.gov.za

General enquiries: inforeg@justice.gov.za






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