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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,
Participant’s employer and the Company and any of its
subsidiaries for the exclusive purpose of implementing,
administering and managing Participant’s participation in
the Plan.
Participant understands that Participant’s employer, the
Company and any of its subsidiaries may hold certain personal
information about Participant, including, Participant’s
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 Participant’s favor, for the
exclusive purpose of managing and administering the Plan
(“Data”).
Participant also understands that providing the Company with
Participant’s Data is necessary for the performance of the
Plan and that Participant’s denial to provide such Data
would make it impossible for the Company to perform its
contractual obligations and may affect Participant’s
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
Participant’s 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 Participant’s 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 Participant’s 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
Participant’s 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 Participant’s Data abroad, including outside of the
European Union, as herein specified and pursuant to applicable
laws and regulations, does not require Participant’s
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 Participant’s Data and estop, for
legitimate reason, the Data processing. Furthermore, Participant
is aware that Participant’s 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 Participant’s human resources department.
Japan
No country-specific terms apply.
Korea
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