You’re offline. This is a read only version of the page.
User agrees that use of the platform (“platform”) is conditioned on user’s acceptance of these united states terms of service (“terms”) and all policies and circulars governing user whether or not referenced herein. User’s use of the platform shall constitute acceptance of these terms. “user” is a person who uploads content, or accesses or uses the platform, and who accesses, uploads or uses content that originates in the u.s. or concerns a u.s. resident, citizen or siemens us business. “content” is defined herein as all video, audio, data, images or information uploaded by individual users onto the platform.
As a condition of user’s uploading, using or accessing the platform, content and/or related technology tools, user agrees to the following:
User who uploads content has obtained the consent of all persons whose image, voice, or audio is contained in content and will produce consent upon siemens’ request.
User has determined that content and user’s uploading or usage complies with all laws including u.s. export, re-export and copyright laws.
Content does not include music, film, television, video, art, graphics or trademarks of a third party, including inthe background or on clothing, unless user has obtained a written license from the third party.
Content does not disparage or discriminate against any person on the basis of race, gender, age, sexual orientation or religious affiliation, and content is not harassing, threatening, obscene, or defamatory.
Content does not depict sexual conduct, violence, or the violation of any law.
Content does not include images of children.
Content does not include the personal or health information of any individual including but not limited to full name, home or personal email address, telephone number, driver’s license, passport, etc.
User grants a perpetual, free, worldwide, irrevocable, unrestricted, royalty-free license to siemens and its affiliates to use, modify, make derivative works from, and/or license content, including but not limited to user ́s image, likeness and voice, at no cost and without further action by siemens.
Siemens and/or its affiliate(s) may restrict, delete, edit or suspend content and/oruser’s use of the platform at any time for any reason without penalty or liability.
User and the use of the platform is subject to siemens’ policies and u.s. federal and state laws in effect at the time of use.
The opinions contained in the content or elsewhere on the platform are not the opinions of siemens, its parent or affiliates, its or their officers, directors, or managers, but such opinions are personal to the user who has stated or uploaded them in any form or format.
1.1 User further agrees these terms applicable to the platform have been agreed to based on the mutual exchange of promises by user and siemens. user understands the platform is made available by siemens solely for siemens’ business use and user shall comply with these terms and all applicable u.s. laws while using the platform.
1.2 User acknowledges that failure to comply with these terms may result in serious consequences up to and including user’s termination of employmentwith siemens, if applicable, litigation, or the impositionof penalties. user bears all responsibility for content he/she uploads to the platform, and/or use of the content.
1.3 User agrees the platform and content thereon is made available to user “as is”, without warranty of any kind including for accuracy or completeness, and user’s use is at the sole risk of user.
2.1 The platform may be used only for unrestricted and restricted content as defined by siemens cybersecurity policies. user is prohibited from uploading any material or information containing siemens’ confidential and/or strictly confidential information.
2.2 Controlled technology or controlled software (al/eccn indicator other than ‘n’) and any information about them may only be saved or forwarded after prior approval by the u.s. export control (ecc) office (also see technology and software transfer). User who uploads content to the platform is responsible for subjecting the content to a corresponding export control check.
3.1 Before uploading content to the platform, user shall confirm that he/she has the legal right, title, license, or ownership of all content and is permitted to use or upload the content to the platform. this requirement also applies to the filmed surroundings and clothing with logos or trademarks (except siemens’ logo).
3.2 Copyright is the right of an author, artist, composer, or creator to control the use by others of his or her work. both the video uploaded to the platform and material contained in content may be protected by copyright laws. User grants to restricted siemens a perpetual, free, worldwide, royalty free, unrestricted license to use the content, in whole or in part, for any legal purpose as more fully expressed above. User’s uploading of the content is deemed to be the grant of such license to siemens.
3.3 User’s violation of copyright or other intellectual property laws may result in punishment up to and including termination of employmentfrom siemens, siemens’ filing an injunction or instituting litigation, and/ or the imposition of penalties or fines by government authorities because such violations may be civil or criminal in nature and could be punishable by fine and imprisonment.
3.4 For users who are siemens’ employees or contractors, any type of sound, image and video recordings on siemens premises are also subject to article 3.2.2 of the annex to circular no. 178 (https://regulations.siemens.com/content/sc/178/en).
4.1 Siemens Companies are jointly responsible for the processing of your personal data as follows:
Each Siemens Company is a joint data controller in respect of all personal data in or on the Platform and relates information technology tools. In addition, Siemens AG is a joint data controller in respect of all personal data processed on the Platform. All Siemens Companies using the Platform (each referred to as “Siemens”) have entered into a joint controller agreement setting out their responsibilities regarding data protection.
4.2 The following personal data may be processed on the Platform:
Master data (name, email, phone, number, department, office location, photo (if you chose to add one to your user profile). Transaction data: data contained in, or related to, posts, votings, group memberships, connections between users via Following functionality and topics (#hashtags).
4.3 Your personal data will be processed for the following purposes:
Offer the functions of the Platformand to administer your use of the Platform and related tools. As reasonably necessary to enforce these Termsof Service, Siemens’ rules and regulations, to establish or preserve a legal claim or defense and to prevent fraud or other illegal activities.
If you are based in the European Economic Area, the legal basis for Siemens processing data about you is that such processing is necessary for the purposes of:
legitimate interests pursued by Siemens (Article 6 (1) (f) General Data Protection Regulation). The legitimate interest pursued by Siemens in relation to the use of your personal data is the efficient operation, management and support of the Platform. Compliance with Siemens’ legal obligations (Article 6 (1) (c) General Data Protection Regulation).
4.4 Siemens may transfer your personal data to:
other Siemens companies in connection with your use of the Platform. IT providers processing personal data in order to provide services, including Microsoft Corp.and its subcontractors. 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 law enforcement authorities and regulators, to attorneys and consultants).
If you are located within European Economic Area, please be aware that sometimes the recipients to whom Siemens transfers or discloses 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 and if required by applicable law, 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. 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.
4.5 The data protection law applicable to Siemens when processing your personal data may entitle you to specific rights in relation to your personal data. You can find out more about those rights by contacting dataprotection@siemens.com. In particular and subject to the respective statutory requirements, if you are located in the European Economic Area, you are entitled 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 processingregarding your personal data; Data portability concerning personal data, which you actively provided; Object, on grounds relating to your particular situation, to processing of personal data concerning you.
4.6 Data Privacy Contact. The Siemens 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 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.
5.1 To ensure compliance with these Terms and applicable law, Users are responsible to report Contents they deem to be unlawful or may violate these Terms.
6.1 Always consider sensitivity of posted information. For Unrestricted and Restricted content "public groups" or "private groups" as well as “private messages” may be used. If the Platform or related tools may be accessed on mobile devices (smart phones, tablets, laptops, etc.), always make sure that people not authorized by Siemens cannot view your screen.
6.2 Do not use the Platform for private economic issues like the sale of products or services (esp. advertising).
6.3 User understands that by accessing and/or using the Platform, User may be exposed to Content that User finds to be offensive or objectionable.
6.4 User understands and agrees that Siemens disclaims all responsibility for any loss or claim of any kind resulting from, arising out of, or any way related to (a) errors in or omissions to the Content, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or Content therein directly or indirectly accessed through hot links in any of the Platform’s Content, (c) the unavailability of the Platform, (d) any use of the Platform or any Content contained therein, (e) use of any equipment or software in connection with the Platform, or (f) any reliance on the information contained in the Platform, even if advised of the possibility of such damages.
6.5 User agrees thatif Siemens or its representative removes User’s Content, User shall not re-post such Content.
7.1 Disclaimer of Professional Advice. The Content cannot be construed as a substitute for legal, financial, accounting or other professional advice. User should always consult his/her own legal or other professional advisors for such professional advice.
7.2 US Siemens employee Users are reminded that for them, additionally, US HR policies also apply to User’s conduct in their useof the Platform including but not limited to HR-02, ELECTRONIC COMMUNICATION, and HR-03, SOCIAL MEDIA. Please check the Siemens Intranet for all other policies.
7.3 Users not under contract with or employed by Siemens, its parent or affiliates are reminded that they and their use and access to the Platform and related tools are governed by the federal, state and local laws of the United States and such User shall indemnify and defend Siemens and its affiliates, officers and directors and employees from and against any claim, controversy, lawsuit, cost, fine, investigation, penalty (including attorneys fees and court costs) (collectively, “Claim”) arising from or in connection with User’s use or access to the Platform, related technology tools and/or the Content; such User agrees to resolve any and all legal disputed in a federal or state court in New York, NY and the governing law shall be U.S. federal and New York state laws for any such Claim and User hereby submits to the exclusive personal jurisdiction of the aforesaid courts for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of or relating to these Terms.
7.4 Siemens and Siemens US employees or contractors who are a USER hereunder, ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT THE PARTY MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS.Each Party agrees that any claims arising out of or relating to these Terms brought by the other Party shall be brought and determined in the last State and county of User’s work or employment with Siemens or its Affiliate(s) and each of the Parties hereby submits to the exclusive personal jurisdiction of the aforesaid courts for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of or relating to these Terms.
7.5 Should User orSiemens fail to exercise or enforce any provision of these Terms, any Siemens policy, or legal right, such failure shall not be construed as constituting a continuing waiver or waiver of any other right.
7.6 The invalidity or unenforceability by law of any particular provision of these Terms will not affect the other provisions hereof and these Terms will be construed in all respects as if such invalid and unenforceable provision were omitted. These Terms, as it may be amended from time to time in the sole discretion of Siemens, and all links, policies and Circulars referred to herein constitute the entire agreement between User and Siemens, and supersede all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of these Terms.
7.7 These TERMS OF SERVICE and all policies referenced herein shall constitute the entire agreement between Siemens and User and shall supersede all communications, representations, agreements or understandings,whether oral or written, between Siemens and User, and/or User and licensor or provider of the Platform and related technology tools with respect to the subject matter hereof.