Cookies, Privacy, Terms & Conditions

Siemens Energy Orbit: Terms of Use

Important ECC rules regarding restricted technologies:

“The provision or storage of listed technology, nuclear or military data is not permitted. Please contact your Business Partner for further information”

1. Scope

1.1. Any use of the Siemens Energy Orbit provided by Siemens Energy AG and/or its affiliates ("Siemens Energy"), "Siemens Energy Orbit", 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 Energy Orbit 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 Energy Orbit 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. Services

2.1. This Siemens Energy Orbit contains specific information and software, as well as  the case may be – related documentation, for viewing or downloading.

2.2. Siemens Energy may stop the operation of the Orbit in full or in part at any time. Due to the nature of the internet and computer systems, Siemens Energy cannot accept any liability for the continuous availability of the Siemens Energy Orbit.

3. Registration, Password

3.1. Some pages of the Siemens Energy Orbit may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens Energy reserves the right to deny registration to any User. Siemens Energy particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens Energy 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 Orbit; or
  • did not use the Orbit 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 Energy, is current at all times and contact information at which the User can be contacted.

3.3. 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, . If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Siemens Energy thereof without undue delay in writing, or, as the case may be, by e-mail.

3.4. After receipt of the notice under paragraph 3.4, Siemens Energy 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 Orbit or upon new registration.

3.5. 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 Energy will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

4. Right of use to Information, Software and Documentation

4.1. The use of any information, software and documentation made available on or via this Siemens Energy Orbit 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 Energy.

4.2. Siemens Energy 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 Energy Orbit to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Siemens Energy 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 Energy shall make the source code available in return for the payment of costs.

4.4. 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. Intellectual Property

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

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 Energy may, without charge, use any ideas or proposals stored by a User on the Siemens Energy Orbit for the development, improvement and sale of its products.

6. Duties of User

6.1. In accessing or using the Siemens Energy Orbit the User shall not

• • 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 Energy may deny access to the Siemens Energy Orbit at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. HyperLinks

The Siemens Energy Orbit may contain hyperlinks to the web pages of third parties. Siemens Energy 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 Energy 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 of defects for 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 Energy Orbit 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

9.1. The liability of Siemens Energy 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 Energy 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 Energy makes every endeavor to keep the Siemens Energy Orbit free from viruses or malicious software, Siemens Energy cannot make any guarantee that it is or contains no malicious software. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner / malicious software 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 Energy 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 Energy, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
  • Such information, software and documentation provided by Siemens Energy 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 Energy to conduct export control checks, the User, upon request by Siemens Energy, shall promptly provide Siemens Energy 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 Energy, as well as any export control restrictions existing.

10.4. The User shall indemnify and hold harmless Siemens Energy 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 Energy 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 Energy' 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.

10.6.  ECC regulations

a) ECC rules regarding restricted technologies

“The provision or storage of listed technology, nuclear or military data is not permitted. Please contact your Business Partner for further information”

b) General ECC Regulation

The Enterprise Software Orbit is

• • • • • Suited for storing restricted data
        • Not suited for storing strictly confidential data
        • Not suited for storing data subject to export control regulations
        • Not suited for storing of information subject to state security
        • Not suited for storing data subject to other regulations (e.g. BaFin)

c) Additional ECC Regulations for Russia

 Personal data like professional expertise will not be directly entered by the users so that the initial collection can be done in Russia. A key user in Russia will upload this information on behalf of the Russian users.

11. Data Privacy Protection, Place of Jurisdiction, Applicable Law

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

12. Supplementary Agreements

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 Energy Orbit are operated and administered by Siemens Energy AG and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Siemens Energy makes no representation that information, software and/or documentation on the Siemens Energy Orbit are appropriate or available for viewing or downloading at locations outside such country. If Users access Siemens Energy Orbit from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Siemens Energy Orbit'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 Energy, the User should contact the Siemens Energy 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.

13. Corporate Information

14. Service provider

The Service Provide of the Siemens Energy Orbit is ITONICS, Nuremberg (Germany)

ITONICS uses cookies within the ITONICS Enterprise Application (the "Service"). By using the Service, the user of the Service consents to the use of cookies.

This Cookies Policy explains what cookies are, how and why cookies are used and the choices of the user regarding cookies.

What are cookies?

Cookies are small pieces of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing the website. A cookie file allows the Service to work as designed.

Cookies can be "persistent" or "session-based".

How are cookies  used?

When the Service is being used and accessed, a number of cookies files will be placed in the web browser.

Why are cookies used?

The Service uses both session and persistent cookies to ensure the technical function of the Service (cookies lifetime is indicated in parentheses below).

At present the following Cookies are being used:

• User login unique session id as encrypted key (session cookie)
• Java Script browser check (session cookie)
• Seamless login LDAP (session cookie)
• Toolbar toggling (session cookie)
• Session check and referral (lifetime 3600 sec)
• Redirect to original destination after logging in (lifetime 3600 sec)

Third-party cookies statement

The Service does not use third-parties cookies to produce and report information such as usage statistics of the Service for third-parties, deliver advertisements on and through the Service for third-parties, and so on.

What are the choices regarding cookies?

If the user would like to delete cookies or instruct the web browser to delete or refuse cookies, the help pages of the web browser shall be visited for instructions to do so.

It is to note, however, if cookies are deleted or refused accepting them, the Service overall or certain features of the Service will be rendered unusable for the user for the intended function.

About this policy

Along with our Cookie Policy, this policy explains how we collect and handle your information across all of our applications, mobile apps and other services. We’ll review this policy from time to time to make sure it’s up-to-date. If we make changes, we’ll post the latest version here. When we make significant changes, we’ll let you know when you next access our services, or by other communications.

Why and how do we use your personal data?

We only use your information where you've given us your consent, where it’s necessary to deliver the services you've requested, where it’s necessary to exercise or comply with legal rights or obligations, or for normal business purposes of the kind set out in this policy.

What personal data do we collect?

Everyone who uses our services will have bits and pieces of information about them collected, stored and processed. However, we don't collect more information than we need.

When you open our application but do not register or login we collect no personal data. 

If you not only visit the application but also want to log in, we collect the following personal data:

If you provide us with personal data of another person, you must obtain that person's prior consent. In this case, you must inform these persons about how we process personal data in accordance with our privacy policy.

Use of Matomo

This website uses Matomo, a web analysis service provided by InnoCraft Ltd (150 Willis St, 6011 Wellington, New Zealand). Matomo uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The generated cookies about the use of this website will be stored on storages managed by ITONICS and will not be transferred to other servers or countries. Your public IP address will be anonymized before storage. A direct reference to your person is therefore no longer possible.

The transmitted data is used to create reports about the website activities.

What is the defined purpose and what is the legal basis?

As we have already informed you above, we only collect your personal data when it is necessary, and the purpose is lawful and previously defined. The information in (brackets) is the legal basis on which we base the respective processes. Below we would like to give you more information for the purposes and legal basis:

How long do we store your personal data?

We only keep your data for as long as we need it or are required to for legal reasons. We’ll then either delete it or anonymize it so it doesn’t identify you. We treat data differently depending on what it’s used for, but you can ask us to delete your personal data at any time. 

When is your information shared with or collected by third parties?

We share your information only where you ask us to, where it’s a necessary part of doing business with you and providing you with the services, or where we need to for legal reasons. 

How do we keep your personal data secure?

Safeguarding your privacy is embedded in our culture and we use a combination of industry-standard methods to protect it.

Keeping your personal data secure is our highest priority. We limit access to only those ITONICS employees who have to come into contact with your information to do their jobs and deliver our services.

Unfortunately, no website or app can guarantee complete security but we have created an organization-wide security program designed to keep your personal data as safe as possible. It uses a range of technical, organizational and administrative security measures and best-practice techniques, depending on the type of data being processed. For example, the computer systems we use to store your data have access limitations and in-cloud based servers that use industry-standard disc encryption. We use TLS and HTTPS encryption to protect your personal data when we transfer it across the internet. 

To make sure we maintain a culture of ‘Privacy by Design’, we provide thorough data protection and privacy training to all ITONICS employees. We develop our services with the goal of using the minimum amount of personal data possible, including through use of data minimization techniques like anonymization and pseudonymization. Also, whenever we develop or update our services in ways that involve the collection or use of new forms of personal data, we conduct a privacy impact assessment to understand, and reduce, the likelihood of any unintended impact on you.

What are your choices and rights?

You have the right to ask us for a copy of your personal data; to correct, delete or restrict processing of your personal data; and to obtain the personal data you have provided to us in a structured, machine readable format. In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement). Where we have asked for your consent, you may withdraw consent at any time.

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep. If you have unresolved concerns, you have the right to complain to a data protection authority.

Who are we and how can you contact us?

If you have any questions about ITONICS’ Privacy Policy, or want to make a request with regard to your information, please contact our Data Protection Officer at privacy@itonics-innovation.com

ITONICS GmbH

Emilienstraße 9

90489 Nürnberg

GERMANY

Phone +49 911 60060550

Fax +49 911 60060555 

Email: contact@@itonics-innovation.com

Managing Director: Dr. Michael Durst 

AG Nürnberg HRB 27921

VAT-IdNr.: DE264438014

Use of third-party services

ITONICS makes use of different third-party services in different places throughout the software in order to both collect and enrich data as well as enhance the user experience and the software's usability. None of the following services are being given access to personal data in the form of access data or account information.

The third-party services may have their own terms of service and privacy policies - by accepting ITONICS' terms of use, you accept the third parties' conditions as well. You understand and agree that ITONICS does not endorse and is not responsible or liable for the behavior or content of any third party services or your interactions with said services.

The ITONICS software is divided into two parts. The backend is the part of the software that runs on the server and thus is separated from the user. The frontend on the other hand is the user-facing part of the software - in our case displayed mostly in the user's browser.

Backend services

Services running on the backend never interact with the user's machine directly but always via the ITONICS servers. Thus, the user's IP-address is never transmitted and no third-party cookies are saved in the user's browser.

Services for data retrieval and enrichment

webhose.io

Description of the service: webhose.io crawls news sites, blogs, forums and other online content platforms and transforms this data into a more structured form in order to aggregate a comprehensive database of articles. Its advanced data crawling API gives the user access to hundreds of thousands of sources all over the world.

Details and purpose of use: In order to offer news articles in real time (e.g. in the News Feed), ITONICS transmits title and tags of entities to webhose.io. This information is then processed by webhose.io according to their terms of service and privacy policy.

Basis for legitimate interest: Crawling the web and extracting content is a highly complex activity. Retrieving data with the needed quality and scope for discovering different kinds of signals is only possible with a dedicated team and not within our current capacities. For this reason it is necessary for us to use a third-party service.

Connection details: We connect to webhose.io via secure REST endpoints. The transmitted information might be sent out to servers outside of Germany.

Frontend services

Unlike backend third-party services, frontend services interact with third parties directly from the web browser.

Using frontend services might require the transmission of the user's IP-address. This leads to those third parties being able to see and also save said IP-address. We take every care to include only services that use IP-addresses for the sole purpose of achieving the delivery of the required and requested content. That being said, we do not have any influence over which third-party service might save IP-addresses - e.g. for their own statistical purposes. Should we gain knowledge of third parties saving IP-addresses, we will communicate this to the user in a timely fashion.

In addition, third-party frontend services might also save cookies on the user's machine.

Services for the enhancement of user experience

Currently no third-party services are used to enhance the user experience (e.g. by anonymously analyzing user behavior).