(n) The Employee has read and agrees to the Data Privacy Provisions of Section 9 of this Subscription Agreement.
9. Data Privacy.
(a) Data Collection and Usage. The Company and the Employer may collect, process and use certain personal information about Employee, and persons closely associated with Employee, including, but not limited to, Employees name, home address and telephone number, email address, date of birth, social insurance number, passport or other identification number (e.g., resident registration number), salary, nationality, job title, any shares of Common Stock or directorships held in the Company, details of all options or any other entitlement to shares of Common Stock awarded, canceled, exercised, vested, unvested or outstanding in Employees favor (Data), for the purposes of implementing, administering and managing the Plan. The legal basis, where required, for the processing of Data is Employees consent. Where required under applicable privacy laws, Data may also be disclosed to certain securities or other regulatory authorities where the Companys securities are listed or traded or regulatory filings are made and the legal basis, where required, for such disclosure are the applicable laws.
(b) Stock Plan Administration Service Providers. The Company may transfer Data to an independent third-party broker, stock administrator and/or service provider to assist the Company with the implementation, administration and management of the Plan. The Employee may be asked to agree on separate terms and data processing practices with any such service providers, with such agreement being a condition to the ability to participate in the Plan.
(c) International Data Transfers. The Company and its service providers are based in the United States. The Employees country or jurisdiction may have different data privacy laws and protections than the United States. The Companys legal basis, where required, for the transfer of Data is Employees consent.
(d) Data Retention. The Company will hold and use the Data only as long as is necessary to implement, administer and manage Employees participation in the Plan, or as required to comply with legal or regulatory obligations, including under tax and security laws.
(e) Data Subject Rights. The Employee understands that data subject rights regarding the processing of Data vary depending on applicable law and that, depending on where Employee is based and subject to the conditions set out in such applicable law, Employee may have, without limitation, the right to (i) inquire whether and what kind of Data the Company holds about Employee and how it is processed, and to access or request copies of such Data, (ii) request the correction or supplementation of Data about Employee that is inaccurate, incomplete or out-of-date in light of the purposes underlying the processing, (iii) obtain the erasure of Data no longer necessary for the purposes underlying the processing, (iv) request the Company to restrict the processing of the Data in certain situations where Employee feels its processing is inappropriate, (v) object, in certain circumstances, to the processing of Data for legitimate interests, and to (vi) request portability of Employees Data that Employee has actively or passively provided to the Company or the Employer (which does not include data derived or inferred from the collected data), where the processing of such Data is based on consent or Employees employment and is carried out by automated means. In case of concerns, Employee understands that Employee may also have the right to lodge a complaint with the competent local data protection authority. Further, to receive clarification of, or to exercise any of, Employees rights, Employee understands that Employee should contact Employees local human resources representative.
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