Terms and conditions for the “Quickstarter” Platform
In order to fulfill the interests of Siemens AG (in the following “Siemens“) as the host of the “Quickstarter” contest as well as of further contests held simultaneously or at other times on this Quickstarter Platform, and those of the attending employees, the following Terms & Conditions shall apply, as indicated below. Specific conditions might apply for certain contests (e.g. deadlines, mode of selecting winner ideas, etc.), however, these common provisions apply for all contests.
Common provisions for all Contests
- Participants are aware and agree that the content of each proposal including Participants’ personal data as specified in Section 16 below will be accessible via the Quickstarter platform to all employees of companies of the Siemens Group in order to identify inspiring projects.
- The content of the Contest is classified “Restricted” in accordance with the Corporate InfoSec Card “Protection of Sensitive Information” which can be accessed via https://intranet.for.siemens.com/wll/0015/en/isec/awareness/Documents/nSG_protection_sensitive_data.pdf. Any confidential information related to an idea must not be published on the Quickstarter Platform. Participants are responsible for compliance with this rule.
- The Contest may contain links and references to the web pages of third parties. Siemens and its Affiliates shall have no liability for the content of such web pages of third parties.
- The Contest is a vehicle to choose particularly promising projects. However it does not intend to replace the process to secure innovations for Siemens AG by submitting invention disclosures (https://wse03.siemens.com/content/P0011252/SitePages/Index.aspx) or by taking part in the 3i program of Siemens AG (https://intranet.for.siemens.com/wll/0057/en/HR-DE/3i/Pages/3i-program.aspx), nor any corresponding processes that are in place at Affiliates. Patentable ideas must be submitted via invention disclosure forms while other ideas may be submitted as suggestions to the 3i Office.
- Any idea or other information (whether protected, protectable or not protected by intellectual property rights or copyrights) that a Participant may make known to Siemens in the course of the Contest via the Quickstarter platform or otherwise may additionally be subject to local regulations e.g. on inventions, intellectual property rights, and copyrights (e.g. via the Company Rules and Regulations in Germany - Arbeitsordnung), and/or to contractual obligations of employees to their employer from the Siemens Group.
- Each Participant may report abuse of the Quickstarter platform by sending a private message to the administrators of the Contest at email@example.com.
- Collection, processing and use of Personal Data: The following personal data of Participants is gathered via the single sign-on, PKI based registration process and connected with the contributions made by the employee within the Contest:
- E-mail address,
- Country, and
- Siemens department.
Optionally, Participants can upload a photo of themselves. Usage of uploaded photos is subject to the consent statement in Section 18 below (see Data Privacy- Declaration of Consent).
The data is stored on a server based in Munich, Germany. Participants can update their personal data at any time during the Contest via the update button in their user profile and edit/delete any personal information except for his/her name. In case Participants like to have their personal information deleted, they have to contact the administrators of the Contest at firstname.lastname@example.org.
The data will be retained for a maximum of two years in order to allow the administrators of the Contest to contact Participants on their submissions. Afterwards, the Contest data will be deleted. Servers generate internal log files. These log files will be deleted after 90 days by the administrators of the servers.
- Participants hereby agree, in their own name and in the name of any team members, that Siemens and its Affiliates, or third parties on their behalf, may store, edit and show photos of Participants (in the following “Pictures”) on the Quickstarter platform in the course of the Contest.
- Any material submitted as part of Participants’ entries on the Quickstarter platform (including without limitation project proposals and commentaries) other than Pictures, including any photos, film recordings, descriptions, information regarding the participants, graphics, key figures, etc. shall be referred to individually and collectively as “Material”. Without limiting any existing contractual or other obligations towards a company of the Siemens Group, Participants hereby grant Siemens and its Affiliates the non-exclusive, comprehensive right to use any Material within the Contest and for purposes related to the Contest free of charge, in unrevised or edited form, in part or in whole.
- Participants expressly waive (in their own name and in the name of all their team members) any right to remuneration, license fee or any other rights regarding any pictures, Material or copies thereof with regard to their use for the above-stated purposes.
- Participants ensure that they have been duly authorized by all team members to declare the above consent (Section 17) and waiver (Section 19) and to grant usage rights (Section 18) in their name and on their behalf and will provide each team member with a copy of these Terms & Conditions.
- Participants may unregister from the Contest at any time by sending a private message to the administrators of the Contest at email@example.com. Termination of the participation shall not affect any rights or obligation incurred prior to the date of termination.
- Siemens will delete any proposals or other entries which
- contain inappropriate or unlawful content or proposals which do not comply with export control restrictions;
- create a potential risk of infringing intellectual property rights or misappropriating trade secrets or confidential information of third parties; or
- contain viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of Siemens and/or any other third party.
- Participants may only upload content to the Quickstarter platform which is either not subject to any export/re-export regulations or which (while being subject to export/re-export regulations) has been cleared as to its upload to the platform by the responsible ECC department.
- Any violation of these Terms & Conditions or of existing law will not be tolerated by Siemens. Siemens AG reserves the right to clear contributions or subjects, to either modify or adjust or lock them. Siemens AG reserves the right to exclude an employee who does not abide to these Terms & Conditions from the Contest at any time, without incurring any liability.
- The Contest does not serve to monitor employees’ performance or behavior in the sense of section 87 para. 1 No. 6 BetrVG (German Works Council Constitution Act).
- The execution of the Contest and the interpretation and enforcement of these Terms & Conditions shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany.
- Any conflict regarding the Challenge or the Terms and Conditions shall be subject (to the extent admissible) to the exclusive jurisdiction of the courts of the Federal Republic of Germany, to the extent not prescribed otherwise by mandatory legal provisions.
- Siemens reserves the right to modify these Terms & Conditions at any time, without advance warning or notice, and/or to suspend, withdraw or cancel the Contest for any reason and at any time, at its sole discretion and without incurring any liability. Siemens furthermore reserves the right to exclude at any time a Participant who is not willing to abide by these Terms & Conditions, without incurring any liability for such exclusion.
V1.6 as of February 22, 2019