Why does SAP need to use my Personal Data and on what legal basis is SAP using it?

Processing to fulfill contractual obligations. SAP requires your Personal Data to deliver goods or services you order under a contract SAP has with you, to establish a contract for goods or services between you and SAP, or to send you invoices for ordered goods or services. SAP processes Personal Data to fulfill contractual obligations pursuant to Article 6(1), lit. b GDPR or under the equivalent article under other national laws, when applicable.

Processing when necessary to fulfill SAP’s contractual obligation includes responding to your related inquiries, processing your feedback or providing you with support. This can also include conversation data you may initiateor enable such as through the chat functionalities on SAP.com or other local SAP web presences, through contact forms, emails, or by telephone. In this Privacy Statement, “goods and services” includes access to SAP’s web services, offerings, contests, sweepstakes, other content, non-marketing related newsletters, white papers, tutorials, trainings and events.

Furthermore, SAP communicates on a regular basis by email with users who subscribe to its services and will also communicate by phone to resolve your or other customer complaints or to investigate suspicious transactions.

SAP will use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to its products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications because these communications are required for the relevant business relationship and not marketing-related in nature.

For marketing-related communications such as emails and phone calls, SAP will (i) only provide you with such information after you have opted in, if legally required, and (ii) provide you the opportunity to opt out if you do notwant to receive further marketing-related communications. You can also opt out of marketing-related communications at any time by updating that preference.

Processing to ensure compliance. SAP and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and ofthe United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, SAP is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through SAP’s websites or other delivery channels controlled by SAP. This could include (i) automated checks of any user registration data as set out herein and other information a user provides about hisor her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to SAP’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in caseof a potential match. Any such use of your Personal Data is based on the permission to process Personal Data in order to comply with statutory obligations (Article 6 para. 1 lit. c GDPR or the equivalent articles under other national laws, when applicable) and SAP‘s legitimate interest (Article 6 para. 1 lit. f GDPR or the equivalent articles under other national laws, when applicable).

Furthermore, you acknowledge that information required to track your data protection and privacy choices for processing your Personal Data, or for receipt of marketing materials (that is to say, depending on the country in which the relevant SAP Group company operates and whether you have expressly consented to or opted out of receiving marketing materials) may be exchanged among members of the SAP Group when necessary to ensure compliance.

Processing based on SAP’s legitimate interest. SAP can use your Personal Data based on its legitimate interest (Article 6 para. 1 lit. f GDPR or the equivalent article under other national laws, when applicable) as follows:

• Fraud and Legal Claims. If required, SAP will use your Personal Data for the purposes of preventing or prosecuting criminal activities such as fraud and to assert or defend against legal claims.

• Questionnaires and surveys. SAP could invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed so they can be answered without any data that can be used to identify you. If you nonetheless enter such data in a questionnaire or survey, SAP will use this Personal Data to improve its products and services.

• Contract Performance. If you purchase or intend to purchase goods or services from SAP on behalf of a corporate customer or otherwise be the nominated contact person for the business relationship between a corporate customer (a “Customer Contact”) and SAP, SAP will use your Personal Data for this purpose. This includes, for the avoidance of doubt, such steps which are required for establishing the relevant business relationship. In case an existing Customer Contact informs SAP you are his or her replacement, SAP will, from the point in time of such notification, consider you to be the relevant Customer Contact for the respective customer until you object as further set out below.

• Creation of anonymized data sets. SAP will anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.

• Personalized Content. If you opt-in to receive marketing communications such as and including newsletters, brochures or white papers from SAP, SAP will collect and store details of how you interact with such content to help create, develop, operate, deliver and improve our communications with you. This information is aggregated and used to help SAP provide more useful information and to understandwhat is of most interest to you.

• Recordings for quality improvement purposes. In case of telephone calls or chat sessions, SAP will record such calls (after informing you accordingly during that call and before the recording starts) or chatsessions to improve the quality of SAP’s services.

• To keep you up-to-date or request feedback. Within an existing business relationship between you and SAP, SAP might inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars and events) which are similar or relate to such products and services you have already purchased or used from SAP. Furthermore, if you attend a webinar, seminar or event of SAP, download or view whitepapers, newsletters, videos, software free trials, or purchase products or services from SAP, SAP might contact you for feedback regarding the improvement of the relevant material, product or service.

Right to object. You can object to SAP’s use of your Personal Data as set forth in this section at any time by updating that preference. In this case, SAP will carefully review your objection and cease further use of the relevant information, subject to SAP’s compelling legitimate grounds for continued use of the information, which override your interest in objecting, or if SAP requires the information for the establishment, exercise or defense of legal claims.

Processing under applicable national laws. If the applicable national law allows SAP to do so, SAP will use information about you for a business purpose, some of which is Personal Data:

• to plan and host events

• to host online forums or webinars

• for marketing purposes such as to keep you updated on SAP’s latest products and services and upcoming events

• to contact you to discuss further your interest in SAP services and offerings

• to help SAP create, develop, operate, deliver and improve SAP services, products, content and advertising and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by SAP

• to provide more personalized information to you

• for loss prevention

• for account and network security purposes

• for internal purposes such as auditing, analysis, and research to improve SAP’s products or services

• to verify your identity and determine appropriate services

• detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity

• debugging to identify and repair errors that impair existing intended functionality

• undertaking internal research for technological development and demonstration

• undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by SAP

In the following cases, SAP will process your Personal Data if you granted prior consent to the specific proposedprocessing of your Personal Data (Article 6(1) lit. a GDPR) or the equivalent article under other national laws, when applicable. Each below section about a processing operation of Personal Data is linked to one consent statement in the Consent Resource Center. If you re-open this Privacy Statement after you initially grant one or more consents, you will see the full Privacy Statement and not just information on the consents you granted.

News about SAP’s Products and Services. Subject to a respective provision and your consent, SAP may use your name, email and postal address, telephone number, job title and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with SAP (prior purchases, participation in webinars, seminars, or events or the use of (web) services - further details on this topic can be found in the Cookie Statement displayed on the relevant SAP website) in order to keep you up to date on the latest product announcements, software updates, software upgrades, special offers, and other information about SAP’s software and services (including marketing-related newsletters) as well as events of SAP and in order to display relevant content on SAP’s websites. In connection with these marketing-related activities, SAP may provide a hashed user ID to third party operated social networks or other web offerings (suchas Twitter, LinkedIn, Facebook, Instagram or Google) where this information is then matched against the social networks’ data or the web offerings’ own databases in order to display to you more relevant information.

Creating user profiles. SAP offers you the option to use its web offerings including forums, blogs, and networks(such as the SAP Community) linked to this website that require you to register and create a user profile. User profiles provide the option to display personal information about you to other users, including but not limited to your name, photo, social media accounts, postal or email address, or both, telephone number, personal interests, skills, and basic information about your company.These profiles may relate to a single web offering of SAP or, if created in the SAP Identity Authentication Service, may also allow you to access other web offerings of SAP or of other entities of the SAP Group, or both (irrespective of any consent granted under the section “Forwarding your Personal Data to other SAP companies.” below). It is, however, always your choice which of these additional web offerings you use and your Personal Data is only forwarded to them once you initially access them. Kindly note that without your consent forSAP to create such user profiles, SAP will not be in a position to offer such services to you where your consent is a statutory requirement that SAP can provide these services to you.Within any web offering, beyond the mere provision of access your profile is used to personalize interaction with other users (for example, by way of messaging or follow functionality) and by SAP to foster the quality of communication and collaboration through such offerings and for SAP to provide gamification elements (gamification is the process of taking something that already exists, such as a website, an enterprise application,or an online community, and integrating game mechanics into it to motivate participation, engagement, and loyalty). To the greatest extent supported by the relevant web offering, you can use the functionality of the relevant web offering to determine which information you want to share.

Special categories of Personal Data. In connection with the registration for and provision of access to an eventor seminar, SAP may ask for information about your health for the purpose of identifying and being considerate of individuals who have disabilities or special dietary requirements throughout the event. Any such use of information is based on the consent you grant hereunder.Kindly note that if you do not provide any such information about disabilities or special dietary requirements, SAPwill not be able to take any respective precautions.

Event profiling. If you register for an event, seminar, or webinar of SAP, SAP may share basic participant information (your name, company, and email address) with other participants of the same event, seminar, or webinar for the purpose of communication and the exchange of ideas.

Forwarding your Personal Data to other SAP companies. SAP may transfer your Personal Data to other entities in the SAP Group. The current list of SAP Group entities can be found here. In such cases, these entitieswill then use the Personal Data for the same purposes and under the same conditions as outlined in this privacy statement.

Forwarding your Personal Data to other Third Parties. At your request, as indicated by your consent, SAP will transfer your registration data to the companies listed on the registration page. The companies will use your registration data for the purposes of their participation in the event and are obliged to delete the data thereafter. If a company intends to use your data for any other purposes, they will contact you to explain how and for which other purposes they will use your registration data.

Revocation of a consent granted hereunder. You may at any time withdraw a consent granted hereunder by unsubscribing. In case of withdrawal, SAP will not process Personal Data subject to this consent any longer unless legally required to do so. In case SAP is required to retain your Personal Data for legal reasons your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of personal data by SAP up to the point in time of your withdrawal. Furthermore, if your use of an SAP offering requires your prior consent, SAP will not be (any longer) able to provide the relevant service (or services, if you revoke the consent for SAP to use your profile under the SAP Identity Authentication Service for multiple SAP offerings), offer or event to you after your revocation.

Information gathered by cookies or similar technologies, and any use of such information, is further described in SAP’s Cookie Statement. You can exercise your cookie preferences as outlined in SAP’s Cookie Statement by visiting the “Cookie Preferences” link in the bottom footer of the SAP.com homepage.

Where SAP is subject to certain privacy requirements in the United States, the following also applies:

U.S. Children’s Privacy. SAP does not knowingly collect the Personal Data of children under the age of 13. If you are a parent or guardian and believe SAP collected information about a child, please contact SAP as described in this Privacy Statement. SAP will take steps to delete the information as soon as possible. Given that SAP websites and online services are not directed to users under 16 years of age and in accordance with the disclosure requirements of the CCPA, SAP does not sell the Personal Data of any minors under 16 years of age.

Where SAP is subject to certain privacy requirements in the United States in the State of California, the following also applies:

Do Not Track. Your browser may allow you to set a “Do nottrack” preference. Unless otherwise stated, our sitesdo not honor “Do not track” requests. However, you may elect not to accept cookies by changing the designated settings on your web browser or, where available, by referring to our Cookie Statement. Cookies are small text files placed on your computer while visiting certain sites on the Internet used to identify your computer. If you do not accept cookies, you may not be able to use certain functions and features of our site. This site does not allowthird parties to gather information about you over time and across sites.

You have the right:

• to request from SAP access to your Personal Data that SAP collects, uses, or discloses about you;
• to request that SAP delete Personal Data about you;
• to non-discriminatory treatment for exercise of any of your data protection rights; 
• in case of request from SAP for access to your Personal Data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance

In accordance with the disclosure requirements under the California Consumer Privacy Act (“CCPA”), SAP does not and will not sell your Personal Data. In accordance with the verification process set forth in the CCPA, SAP will require a more stringent verification process for deletion requests, or for Personal Data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your Personal Data. If SAP must request additional information from you outside of information that is already maintained by SAP, SAP will only use it to verify your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.

In addition to contacting SAP at privacy@sap.com, you may also exercise your rights as follows:

You can call toll-free to submit a request using the numbers provided here. You can also designate an authorized agent to submit requests to exercise your data protection rights to SAP. Such authorized agent must be registered with the California Secretary of State and submit proof that you have given authorization for the agent to act on your behalf.

Where SAP is subject to certain privacy requirements in the Philippines, the following also applies:

For individuals within the Philippines, you may exercise your rights as follows:

You can call or write to SAP to submit a request at:webmaster@sap.com

Phone: +632-8705-2500

Address: SAP Philippines, Inc.

Attn: Data Protection Officer

27F Nac Tower, Taguig City 1632, Philippines

The following provisions apply to residents and citizens of the Philippines:

• You may claim compensation as finally awarded by the National Privacy Commission or the courts if yousuffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as a data subject;
• If you are the subject of a privacy violation or personal data breach or are otherwise personally affected by a violation of the Data Privacy Act, you may file a complaint with the National Privacy Commission;
• Your Transmissibility Rights. Your lawful heirs and assigns may invoke your rights at any time after your death or when you are incapacitated or incapable of exercising your rights.

Where SAP is subject to the requirements of the Protection of Personal Information Act, 2013 (“POPIA”) in South Africa, the following also applies:

“Personal Data” as used in this Privacy Statement means Personal Information as such term is defined under POPIA.

“You” and “Your” as used in this Privacy Statement means a natural person or a juristic person as such term is used under POPIA.

Systems Applications Products (Africa Region) Proprietary Limited & Systems Applications Products (South Africa) Proprietary Limited with registered address at 1 Woodmead Drive, Woodmead (SAP South Africa) is subject to South Africa's Protection of Personal Information Act, 2013 (Act 4 of 2013) and responsible party under the POPIA.

Should you as an individual or a juristic person believe that SAP South Africa as responsible party has utilized your personal information contrary to POPIA, you undertake to first attempt to resolve any concerns with SAP South Africa.

privacy@sap.com

Phone:    011 325 6000

Address: 1 Woodmead Drive, Woodmead, Johannesburg South Africa 2148

If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator, using the contact details listed below:

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001, P.O. Box 31533, Braamfontein, Johannesburg, 2017

Email: complaints.IR@justice.gov.za

Enquires:  inforeg@justice.gov.za

You may request details of personal information which we hold about you under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). For further information please review the SAP PAIA manual

China-Specific Provisions apply to citizens of the Republic of China.

Columbia-Specific Provisions apply to citizens of the Republic of Colombia.

Russian-Specific Provisions apply to citizens of the Russian Federation.