This excerpt taken from the EBAY 10-K filed Feb 28, 2007.
Data Privacy Consent
Notwithstanding Section 10 or any other provision of the Agreement, Participant agrees that the following shall apply with regard to data privacy in Italy:
Participant hereby explicitly and unambiguously consents to the collection, use, processing and transfer, in electronic or other form, of personal data as described in this section of Exhibit B by and among, as applicable, Participants employer and the Company and any of its subsidiaries for the exclusive purpose of implementing, administering and managing Participants participation in the Plan.
Participant understands that Participants employer, the Company and any of its subsidiaries may hold certain personal information about Participant, including, Participants name, home address and telephone number, date of birth, social insurance number or other identification number, salary, nationality, job title, any shares of stock or directorships held in the Company, details of the RSUs or any other entitlement to Shares awarded, canceled, exercised, vested, unvested or outstanding in Participants favor, for the exclusive purpose of managing and administering the Plan (Data).
Participant also understands that providing the Company with Participants Data is necessary for the performance of the Plan and that Participants denial to provide such Data would make it impossible for the Company to perform its contractual obligations and may affect Participants ability to participate in the Plan. The Controller of personal data processing is eBay, Inc., with registered offices at 2145 Hamilton Avenue, San Jose, California 95125, United States of America, and, pursuant to Legislative Decree no. 196/2003, its representative in Italy is eBay Italia with registered offices at Via Fabio Filzi 25, 20124 Milano, Italy. Participant understands that
Participants Data will not be publicized, but it may be transferred to third parties, banks, other financial institutions or brokers involved in the management and administration of the Plan.
Participant further understands that the Company and/or its subsidiaries will transfer Data amongst themselves as necessary for the purpose of implementation, administration and management of Participants participation in the Plan, and that the Company and/or its subsidiaries may each further transfer Data to third parties assisting the Company in the implementation, administration and management of the Plan, including any requisite transfer to a third party with whom Participant may elect to deposit any Shares acquired under the Plan. Such recipients may receive, possess, use, retain and transfer the Data in electronic or other form, for the purposes of implementing, administering and managing Participants participation in the Plan. Participant understands that these recipients may be located in the European Economic Area, or elsewhere, such as the U.S. or Asia. Should the Company exercise its discretion in suspending all necessary legal obligations connected with the management and administration of the Plan, it will delete Participants Data as soon as it has accomplished all the necessary legal obligations connected with the management and administration of the Plan.
Participant understands that Data processing related to the purposes specified above shall take place under automated or non-automated conditions, anonymously when possible, that comply with the purposes for which Data are collected and with confidentiality and security provisions as set forth by applicable laws and regulations, with specific reference to Legislative Decree no. 196/2003.
The processing activity, including communication, the transfer of Participants Data abroad, including outside of the European Union, as herein specified and pursuant to applicable laws and regulations, does not require Participants consent thereto as the processing is necessary to performance of contractual obligations related to implementation, administration and management of the Plan. Participant understands that, pursuant to Section 7 of the Legislative Decree no. 196/2003, Participant has the right to, including but not limited to, access, delete, update, ask for rectification of Participants Data and estop, for legitimate reason, the Data processing. Furthermore, Participant is aware that Participants Data will not be used for direct marketing purposes. In addition, the Data provided can be reviewed and questions or complaints can be addressed by contacting Participants human resources department.
No country-specific terms apply.