This EPN Network Agreement (“Agreement”) is made by and between you (“you” or “Affiliate”) and eBay Partner Network, Inc. (“EPN”), a Delaware corporation with an address at 2145 Hamilton Ave., San Jose, CA 95125. This Agreement sets forth the terms and conditions applicable to your participation in EPN’s affiliate network (the “Network”) pursuant to which you may earn performance-based compensation through approved promotional methods that display or direct end users to participating websites and that result in Qualifying Transactions (as defined below).
By accepting the terms of this Agreement and submitting an application to participate in the Network you agree to be bound by the terms and conditions of this Agreement, the EPN Privacy Notice, the eBay Data Protection Requirements Addendum (“DPRA”), and the applicable Program Details, which are incorporated by reference into this Agreement.
This Agreement was published on the Network website on May 2, 2019. If you joined the Network on or after May 2, 2019, the terms set forth herein shall apply to you immediately. If you were already a member of the Network on May 1, 2019, these terms will take effect for you in accordance with the “Amendment” section of the version of the EPN Network Agreement that you accepted when you joined the Network.
Advertiser – eBay Inc. or an eBay Corporate Family Member that elects to participate in the Network, as specified in the applicable Program Details.
Affiliates – A company or individual entity that participates in the Network to earn compensation for Qualifying Transactions.
Agent – A sub-affiliate, sub-publisher, distribution partner or other similar third-party relationship through which an Affiliate participates in a Program. Agents are subject to EPN’s prior written approval in accordance with Section III.C.
- Applicable Law – All national, state, and local (1) laws, ordinances, regulations, and codes and (2) orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any regulatory authority that apply to you or the performance of your obligations hereunder.
- eBay – eBay Inc. and eBay Corporate Family Members, collectively.
- eBay Corporate Family Member – An entity that controls, is controlled by or is under common control with eBay Inc. “Control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies and operations of such entity, whether through ownership of voting securities, by contract or otherwise.
- eBay’s Buy API Program – an approved EPN program that permits Affiliates who have entered into an agreement with eBay, or an EPN approved third party, to display products or services that are listed on an Advertiser’s digital property on a digital property that is owned and operated by the Affiliate and allow end users to purchase such products or services through eBay’s API.
- Link – A hyperlink embedded in a Promotional Method that allows an end user to click to Participating Sites and Content.
- Participating Sites and Content – Any Advertiser website or content that is promoted by Affiliates, as described in the applicable Program Details.
- Program – A performance-based marketing program to promote Participating Sites and Content as set forth in the applicable Program Details.
- Program Details – The terms and conditions that govern an Affiliate’s participation in a particular Program (available at https://partnernetwork.ebay.com/legal#program-details).
- Promotional Content – Buttons, banners, widgets, text, Software Applications and other creative content that are used by Affiliates to promote Participating Sites and Content.
- Promotional Method – The methods by which Affiliates promote Participating Sites and Content, which may include Promotional Content.
- Promotional Tools – Tools or API platforms that may be provided by EPN or a third party that Affiliates may use to create their own Promotional Content.
- Qualifying Transaction – An activity by an end user that qualifies the Affiliate to receive compensation, as described in the Program Details.
- Software Application – A software application developed by an Affiliate to be used in a Promotional Method.
- Tracking Code – A tracking code provided by EPN that is embedded in Promotional Methods to track the Qualifying Transactions.
- Registration and Your Account.
- Registration. To participate in the Network, you must agree to the terms herein and register to use the Network (registration page available at https://epn.ebay.com/) to use the Network. EPN will notify you if EPN accepts or rejects your application. EPN may in its sole discretion reject your application and terminate the Agreement for any reason without any compensation to you. You may not apply without EPN’s prior written consent if EPN has previously terminated your account or if you are a vendor or agency of EPN. You may not register more than one account without prior written approval from EPN. EPN must accept your application before you may develop any Promotional Content or any Promotional Method.
- Accurate Information. You must provide EPN with and maintain complete and accurate information about you (including your payment and tax information) and your Promotional Methods during your participation in the Network. EPN has the right to confirm or verify the truth and accuracy of your registration and account information at any time in its sole discretion.
- Account Security. You are responsible for all activity on your Network account and for loss, theft or unauthorized disclosure of your password (other than as a result of EPN’s gross negligence or willful misconduct or omission). You must provide EPN with prompt written notification of any known or suspected unauthorized use of your account or breach of the security of your account.
- Your Relationship with EPN and the Advertisers. Your participation in the Network and any Program do not constitute a direct contractual relationship between you and any Advertiser. However, Advertisers are explicitly designated as third-party beneficiaries to this Agreement in relation to rights they wish to rely upon or enforce against you. You may not misrepresent or embellish the relationship between EPN, the Advertiser and you.
- eBay and eBay’s Programs. Your eBay account must be in good standing at all times in order for you to participate in the Network.
- Program Details. The Program Details define the Program, Qualifying Transaction and specific terms of compensation that are applicable to any Program that you participate in. In the event of any conflict between the terms of this Agreement and the Program Details, the Program Details will control.
- Code of Conduct. Your use of any Links, Promotional Tools, Promotional Content, or Promotional Methods are subject to the Code of Conduct attached as Exhibit A and incorporated herein by reference.
- Use of any Agents requires EPN’s prior written approval, which may be revoked at any time.
- You must ensure such Agent complies at all times with the terms set forth in the Agreement herein, the EPN Privacy Notice, the DPRA, and any applicable Program Details. You must document in writing their receipt and acceptance of such terms.
- You are limited to a single tier of Agent relationships.
- You may not work with Agents that have previously been terminated by EPN.
- You are responsible for your Agents’ activities in any Program. Any violation by your Agents of the Agreement shall constitute a violation by you, and EPN shall have full recourse against you with respect to such a violation, including without limitation, suspension, or termination from the Program, specific performance, injunctive relief, and attorneys’ fees.
- Your contract with your Agents shall expressly exempt EPN from any liability.
- Upon EPN’s request you must provide documentation of all Agents’:
- identifying information, which shall include:
- in the case of a natural person, the Agent’s first and last name, physical address, country, telephone number, and email address; and
- in the case of corporations, partnerships, proprietorships, limited liability companies, organizations, associations, cooperatives, agencies, or other legal entities, entity details and the first and last name, physical address, country, telephone number, and email address for the natural person or persons who own, manage, or control the Agent;
- unique tracking information; and
- acceptance of the Agreement, EPN Privacy Notice, the DPRA, and applicable Program Details.
- identifying information, which shall include:
- You must establish and maintain a functioning e-mail address or other internet-based mechanism for consumers to report complaints regarding any Agent and make best efforts to associate each complaint with the Agent that is the subject of the complaint. You must identify by tracking information and identifying information any Agent associated with any suspected violation of this Agreement. You must promptly investigate any complaints received through this mechanism and immediately terminate any Agent that you reasonably determine has engaged, or is engaging, in violations of Applicable Law or this Agreement. You must also provide to EPN all reasonable assistance in case one of your Agents is infringing the Agreement.
- Tracking and Reporting.
- Tracking. For EPN to track Qualifying Transactions, you must include and maintain the Tracking Code provided to you by EPN within your Promotional Methods. You may not modify the Tracking Codes in any Promotional Methods.
- Access to Tracking and Reporting Tools. EPN may provide you with access to tracking and reporting tools and other support services. Data from such tools and services are not available on a real-time basis and may have reporting delays.
- Qualifying Transactions.
- Subject to other provisions in this Agreement you will be compensated for each Qualifying Transaction in accordance with the applicable Program Details. There may be exceptions to the rate card shown in the applicable Program Details for certain Affiliates or certain circumstances. Compensation will be calculated based on EPN’s tracking data at the end of each month, which is definitive and shall control in the event of any tracking dispute.
- If an end user has clicked on multiple Links from different Affiliates prior to a Qualifying Transaction (resulting in multiple cookies placed on the end user’s computer), EPN shall only compensate the Affiliate whose Link was the last clicked by the end user so long as the applicable Advertiser did not conduct any promotional activities (a) subsequent to such click and prior to the Qualifying Transaction and (b) that would have placed a cookie overwriting the cookie from the last Affiliate’s Link.
- EPN has the right to change any existing Program Details with respect to Qualifying Transactions and compensation in its sole discretion with three (3) days’ notice to you.
- Timing. Subject to Section II.B (Accurate Information), each month, EPN will issue to you any positive balance in your account for transactions reported for the previous month, so long as your account balance exceeds the required minimum account balance of 10 USD, 10 CAD, 10 EUR or 10 GBP, as applicable. The number or amount of transactions, credits for payments and debits for chargebacks as calculated by EPN shall be final and binding on you.
- Form of Payment. The currency of your account is determined by your country of residence. You can collect payments (a) with a verified PayPal account or (b) by direct deposit if available for your country of residence. The conversion rate will be determined in accordance with EPN’s operating standards using the rates prevailing on the date the Qualifying Transaction is completed.
- Taxes. You are responsible for any taxes that may be due in connection with your participation in the Network or otherwise on the services provided by you. EPN does not pay additional compensation to you for taxes. If the withholding of any tax is required in respect of any payment to you, EPN will (1) withhold the applicable amount from such payment and (2) pay such amount to the relevant authorities in accordance with any Applicable Law in the relevant jurisdiction(s). Upon request from you, EPN will provide a copy of the tax receipt documenting payment of the tax to the relevant authorities. You agree to complete and provide to us or to the applicable taxing authority at least 10 days prior to the payment due date, such forms, certifications or other documents as may be reasonably requested by EPN, to reduce or exempt withholding taxes with respect to payments made to you when and where required by Applicable Law. If it is later determined that EPN should have withheld and/or paid additional tax but did not withhold or pay such tax, then you shall pay the applicable tax and hold EPN harmless from any penalties or interest thereon.
- Non-Payment, Withholding, Reversal and Chargebacks
- Notwithstanding anything to the contrary herein, EPN shall have no duty to pay you for Qualifying Transactions during any current or previous month when you were in breach of this Agreement or an agreement covering your participation in eBay’s Buy API Program (if applicable), or if EPN, in its sole discretion, has reason to believe that you or your Agent(s) have breached this Agreement or have engaged in potentially fraudulent activities.
- EPN may debit your account in an amount equal to a payment previously made to you or a compensation that has been credited to your account, but has not been paid yet, if EPN determines in its sole discretion that there has been (a) duplicate entry or other clear error; (b) non-bona fide transactions or other fraudulent activity; (c) a breach of, or other failure to complete or reversal of the Qualifying Transaction; or (d) failure to comply with any terms of this Agreement. EPN may apply a chargeback to your account at any time, including previous payment cycles.
- EPN will make all commercially reasonable efforts to pay any positive balance that is due to you. In certain circumstances, based on EPN’s records, it may not be possible for EPN to pay you because for a period of 24 months or more: (a) your account has been inactive, meaning that you have not logged into your account or you have not accepted funds, payments or other amounts that EPN has attempted to pay or deliver to you; (b) EPN has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the email address shown in EPN’s records; or (c) you have not generated the minimum amount of commissions to qualify for payment. In these circumstances, EPN may, without further notice to you, turn the unpaid or undelivered amounts over to the applicable regulatory authorities in accordance with Applicable Law.
- Tracking and True-Up Payments
- Although EPN strives to track all Qualifying Transactions accurately, there may be instances where EPN fails to track all Qualifying Transactions.
- In cases where EPN discovers that EPN has failed to capture all Qualifying Transactions, EPN shall strive to determine the discrepancies between intended and actual Qualifying Transactions and conduct true-up payments. If EPN deems appropriate, EPN may design a methodology for calculating true-up payments in EPN’s sole discretion.
- Qualifying Transactions.
- User Information Received from EPN. In connection with your participation in the Network and the Programs, EPN may make available certain information that relates to an EPN or eBay user, browser or device (“EPN User Data”). EPN User Data is EPN’s Confidential Information. You may not use EPN User Data other than for the purpose for which it was provided to you, and under no circumstances to create or augment audience profiles.
- EPN Access to Affiliate End User Data. EPN may request access to information regarding your end users when necessary to enforce EPN’s rights under this Agreement or to verify your compliance with your obligations under this Agreement. You agree to provide EPN with access to such information.
- Affiliate’s Compliance with Relevant Privacy Regulations.
- You must maintain and post a privacy notice in your websites or applications that complies with all Applicable Laws, including full and accurate disclosure of:
- your collection, use and disclosure of visitor information,
- your use of third-party technology, including EPN’s tracking technology,
- You agree that you are responsible for all personally identifiable information that you collect from end users and that you must obtain valid consent from end users to collect, use or disclose this information as required by Applicable Law. You further agree that unless you have the valid consent of the end user, you may not enable the Tracking Code to collect any personally identifiable information from end users or otherwise profile end user activities.
- You must maintain and post a privacy notice in your websites or applications that complies with all Applicable Laws, including full and accurate disclosure of:
- DPRA Requirements By participating in the Network, you agree to comply with the terms of the DPRA attached as Exhibit B and incorporated herein by reference, as the same may be updated from time to time.
- Compliance, Audits and Remedies.
- Supplier Code of Conduct. In participating in the Network, you agree to abide by the eBay Supplier Code of Conduct available at https://www.ebayinc.com/supplier-code-of-conduct/, as the same may be updated from time to time.
- Right to Audit. EPN and its service providers have the right to audit your or your Agent’s sites or activities in relation to your and your Agent’s participation in the Network and the Programs. You shall not block or otherwise interfere with such audit, and EPN and its service providers may use technical means to overcome any methods you may use to block or interfere with such audit. To the extent not prohibited by Applicable Law, audits may include requests for documents and server logs, and visits to your facilities and those of your Agents. Your failure to reasonably comply with EPN’s efforts to audit your or your Agents’ compliance with this Agreement shall constitute a material breach of this Agreement. If Applicable Law does not allow you to share server logs with EPN, you must provide EPN with other proper proof of traffic that you sent to Participating Sites and Content.
- Remedy for Breach. If EPN in its sole discretion believes that you or your Agents have breached this Agreement or that you or your Agents have engaged in fraudulent activity, it may take any and all steps it deems appropriate including without limitation:
- Issue a warning;
- Conduct an investigation;
- Suspend your account from participating in a specific Program or from the Network as a whole;
- Terminate your account from a specific Program or from the Network as a whole; or
- Withhold or recover any compensation.
In addition to any other available remedies, EPN may seek specific performance, injunctive relief and/or attorneys’ fees in its sole discretion.
- Suspension. – If EPN suspends your account from the Network or a Program, you will no longer get paid for any future activity. You are required to immediately remove all Promotional Methods. EPN in its sole discretion may reinstate your account in the event you have taken all necessary remedial actions to EPN’s satisfaction.
- Intellectual Property.
- Promotional Content. When your application to the Network is accepted, EPN grants you a revocable, non-exclusive, non-transferable (unless EPN approved your use of Agents), worldwide, royalty-free license to display Promotional Content for the duration of your participation in a Program.
- Promotional Tools. When your application to the Network is accepted, EPN grants you a revocable, non-exclusive, non-transferable (unless EPN approved your use of Agents), right to use the Promotional Tools that EPN makes available to you solely to facilitate your participation in the Program. EPN reserves all rights in the Promotional Tools, including all intellectual property rights. The use of a Promotional Tool may be subject to further terms and conditions that you must accept.
- Use of Your Marks. You authorize EPN and the Advertisers for the Programs that you are participating in to use your trademarks, service marks, tradenames, company names and copyrighted material that you provide to promote your participation in the Program.
- Your Use of eBay Proprietary Rights. You acknowledge that you obtain no proprietary rights in eBay’s or any eBay Corporate Family Member’s trademarks, service marks, trade names, URLs, copyrighted material, patents and patent applications or other intellectual property, and agree not to challenge eBay’s or any eBay Corporate Family Member’s proprietary rights in any way. You must use all EPN provided content and services in a way that does not, in EPN’s sole discretion, blur or dilute, tarnish or adversely affect eBay’s or any eBay Corporate Family Member’s proprietary rights.
- Your company name, keyword for paid search, trademark, trade name, brand, shop sign, domain name, or URL (specifically, any term before the third “/” of your URL) may not (a) incorporate in part or in full any of eBay’s trademarks (including without limitation eBay and Half), trade names, company names, brands, shop signs, domain names or URLs (including the translations and transliterations), or any variations thereof; or (b) consist of a generic or descriptive term followed by “Bay”. You may not display your company name, branding or trademark in an uneven, staggered, multi-color format that in EPN’s sole discretion invokes the distinctive multi-color eBay logo.
- Use of eBay Corporate Family Members’ Names and Logos. You may use eBay’s name or logo in the name of a software tool or application only in accordance with the requirements below and subject to EPN’s prior written approval:
- You may use “eBay” only in a descriptive manner. For example, “eBay Fee Calculator” is not acceptable while “Fee Calculator for eBay” would be acceptable.
- You must capitalize “eBay” as “eBay” or “EBAY” only.
- You may not combine a generic or descriptive name with the “BAY” prefix or suffix (e.g., “CalculatorBay” or “eBaygle”).
- You may not use eBay as a verb (e.g., “eBaying”).
- You may not modify any eBay logo provided to you by EPN.
- You may only use one color if you use block letters to display an eBay Corporate Family Member’s name; multiple colors invoking the eBay Inc. logo is prohibited.
- You may not use an eBay logo within a sentence.
- Retention of Rights. Any and all proprietary rights, goodwill and other benefits and rights resulting from the use hereunder of trademarks, trade names or company name inures to the benefit of the owner.
- Third-Party Disputes. In the event of a third-party claim against EPN’s or the Advertiser’s intellectual property or right to offer any service or good or if such a claim is likely in EPN’s opinion, EPN shall have the right, in its sole discretion, to take any action to terminate the practices responsible for such third party claims and/or to secure, at its expense, the right to continue using the intellectual property or good or service, and/or to replace or modify the same to make it non-infringing or without misappropriation.
- Confidentiality. In connection with your participation in the Network and the Programs you may be provided with data and information that is confidential and proprietary to EPN or the Advertiser(s), as is designated by the disclosing party or that is reasonably understood to be proprietary or confidential (“Confidential Information”). Confidential Information does not include information: (a) that is or becomes publicly available through no act or omission of the receiving party; (b) disclosed to the receiving party by a third party not bound by any confidentiality obligation with respect to such information; (c) developed by the receiving party independent of the disclosing party’s Confidential Information; or (d) that is in the possession of the receiving party and not subject to any duty of confidentiality as of the date you accept the terms of this Agreement. You agree to use the same degree of care, but no less than a reasonable degree of care, to maintain the confidentiality of and to protect any proprietary interests of EPN or the Advertiser. You may deliver a copy of such Confidential Information (i) pursuant to a subpoena issued by any court or administrative agency, (ii) to your accountants, attorneys or other agents (“Representatives”) solely on a need-to-know basis in connection with the performance of your obligations or rights under this Agreement and the applicable Program Details; provided that (x) you are responsible for the compliance of your Representatives hereunder and (y) such Representatives shall be subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality covering the confidential treatment of Confidential Information, with confidentiality restrictions no less protective than those provided in this Agreement and (iii) otherwise as required by Applicable Law, upon written notification to EPN. Upon termination of this Agreement or your participation in a Program, you must destroy or return any Confidential Information provided to you under this Agreement and, if requested by EPN, provide a certification of destruction.
- Term and Termination.
- Term. The term of this Agreement begins when you accept the terms of this Agreement at registration and shall continue until terminated in accordance with the terms of this Agreement. EPN’s rejection of your application automatically terminates the Agreement.
- Termination by Affiliate You may terminate this Agreement upon three (3) days’ written notice.
- Termination by EPN or an Advertiser
- Without Cause. EPN may terminate (i) this Agreement, (ii) your account, (iii) any of your Agents, (iv) your use of a Promotional Method, or (v) your participation in a certain Program, at any time for convenience in its sole discretion upon three (3) days’ notice.
- With Cause. EPN may terminate (i) this Agreement, (ii) your account, (iii) any of your Agents, (iv) your use of a Promotional Method, or (v) your participation in a certain Program, for cause with immediate effect. Incidents that may cause EPN to terminate this Agreement for cause include, but are not limited to:
- If EPN suspects that you or your Agent are responsible for the improper functioning of Links, Promotional Content or Promotional Tools or if you otherwise interfere with or fail to maintain the Tracking Code.
- If a third party disputes your right to use any link, domain name, trademark, service mark, trade dress, or right to offer any service or good offered through any of your Promotional Methods.
- If EPN determines you are diluting, tarnishing, blurring or adversely affecting an Advertiser’s proprietary rights.
- If EPN suspects that you or your Agent are engaging in deceptive practices or false advertising.
- If you engage an Agent who eBay has previously prohibited from participating in the Network.
- If you and EPN are unable to mutually agree upon a written remediation plan for your failure to comply with the obligatory portions of the eBay Supplier Code of Conduct as described in Section VII.A.
- Termination of Programs. Programs and Program Details may be discontinued at any time.
- Upon termination EPN will deactivate all accounts that are linked to you as a participant in the Network. You shall no longer accrue payments in your account, including but not limited to subsequent Qualifying Transactions where the clicks on the Links occurred prior to termination. If EPN terminates this Agreement for cause, you may not register for the Network again or participate in the Network as an Agent for another Affiliate.
- Subject to the payment terms in Section V(D), upon termination of this Agreement, EPN will pay any outstanding payments to you within ninety (90) days of the termination date, and you must pay us any outstanding debit balance within thirty (30) days of the termination date. Upon termination of this Agreement, you must immediately remove all Promotional Methods. Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement (e.g. audit, confidentiality, indemnification, limitation of liability, misc., etc.), shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party’s rights under this Agreement that accrued prior to termination.
- Representations, Warranties, and Disclaimer of Warranties.
- Authority. You represent and warrant that you are over 18 years of age and authorized to consent to this Agreement, the EPN Privacy Notice, the DPRA, and applicable Program Details on behalf of your company, if applicable.
- Compliance with Law. You represent and warrant that your participation in the Network and the Programs is and shall be in compliance at all times with (1) Applicable Law and (2) the best practices in any jurisdiction in which you target your Promotional Methods.
- Non-Infringement Warranties. You represent and warrant that (1) you have all appropriate authority to operate and to provide content on your website(s); (2) you have all appropriate authority to use any Promotional Method you may choose to use; and (3) any Promotional Content you create, your website(s), any trade names or trademarks used in connection with the Network, and your Promotional Methods do not and shall not infringe any third party’s or eBay’s intellectual property or proprietary rights.
- Not Currently Under Investigation. You warrant that you are not currently under order or investigation by any federal, state, local or international regulatory or law enforcement organization. You must inform EPN if you become under such order or investigation at any point during your participation in the Network.
- Disclaimer of Warranties. EXCEPT AS SET FORTH IN THIS AGREEMENT, EPN MAKES NO OTHER REPRESENTATION OR WARRANTY, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
- Indemnification Obligations; Limitation of Liability.
- Indemnification Obligations. You shall defend, indemnify and hold harmless EPN and the Advertisers and their respective officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors (collectively, the “Indemnified Party”) against all claims, liabilities and expenses claimed or incurred by an Indemnified Party as a result of any third party claim (collectively, “Claims”) directly or indirectly arising from or related to (1) any breach by you or your Agents of this Agreement or the Program Details, (2) violation by you or your Agents of Applicable Law, (3) distribution or use of Promotional Methods or Promotional Tools by you, your Agents, or anyone else that you are affiliated with, including, without limitation, any claims relating to advertisements or content; (4) acts or omissions by you or your Agents in using, displaying or distributing any Links, including but not limited to your use of Links in Promotional Methods; (5) any claim that the Indemnified Party is obligated to pay tax obligations in connection with payment made to you pursuant to this Agreement or any Program Details, (6) any violation or alleged violation of any rights of another, including breach of a person’s or entity’s intellectual property rights, (7) your and your Agents participation in the Network or Program(s), and (8) claims arising in connection with any goods or services you or your Agents make available to any person. Should any Claim give rise to a duty of indemnification under this Section, the Indemnified Party shall promptly notify you and will cooperate with you at your expense in the defense of such Claim. The Indemnified Party will be entitled, at its own expense, to participate in the defense of such Claim. Should any Claim give rise to a duty of indemnification, you are obligated to participate in the defense of such claim if requested to do so by the Indemnified Party. Participation in the defense shall not waive or reduce any of your obligations to indemnify or hold the Indemnified Party harmless. You shall not settle any Claim without the Indemnified Party’s prior written consent, and you shall indemnify for any reasonable attorneys’ fees or other costs incurred by an Indemnified Party in investigating or enforcing this Section.
- Limitation of Liabilities. ANY OBLIGATION OR LIABILITY OF EPN UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF THE PAYMENTS EPN PAID TO YOU UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST EPN PURSUANT, OR IN ANY WAY RELATED, TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT NEITHER EPN NOR EBAY SHALL BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- Remedies. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
- Benefit of the Bargain. The provisions of this Section are an essential element of the benefit of the bargain reflected in this Agreement.
- Choice of Law/Attorneys’ Fees. This Agreement and the Program Details are governed by the laws of the State of California (USA), except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement and the Program Details shall be in the state courts and, to the extent that federal courts have exclusive jurisdiction, in San Jose, California. The parties consent to such venue and jurisdiction and waive any right to a trial by jury. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. Your access or use of the Network where illegal is prohibited. You expressly waive and withdraw your rights under any law or statute conferring jurisdiction on the basis of nationality to courts other than the ones expressly designated above.
- English You accept that the English versions of this Agreement, the EPN Privacy Notice, the DPRA, and the applicable Program Details found on the registration page located here shall be controlling in all respects. Translations of these documents that may be provided are for your convenience only.
- Amendment. EPN may amend this Agreement by notifying you by email to the address on your account. Except as stated otherwise in this Agreement or elsewhere, all amended terms shall become effective three (3) days after they are initially published on the Network website. EPN may establish from time to time rules and regulations for the Network as published on the Network website or in the Network and incorporated herein.
- Assignment. Neither party may assign this Agreement without the prior written approval of the other party. Notwithstanding the foregoing, your consent shall not be required for EPN’s assignment or transfer (1) due to operation of law, or (2) to an entity that acquires substantially all of EPN’s stock, assets or business, or (3) to a related entity (e.g., parent or subsidiary of parent).
- Intended beneficiaries. Although Advertisers are explicitly designated as third-party beneficiaries to this Agreement in relation to rights they wish to rely upon or enforce against the Affiliates, in no circumstance may Affiliates or their Agents rely upon or enforce any terms of this Agreement against Advertiser. Agents shall not be deemed third-party beneficiaries pursuant to this agreement and may not rely upon or enforce any terms of this Agreement against EPN.
- No Partnership or Joint Venture. Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship of any kind between the parties. Neither party shall have the authority or power to bind the other or to contract in the name of or create a liability against the other in any way or for any purpose.
- Notices. All notices must be in writing. Notices will be deemed given: (1) if delivered in person, upon receipt; (2) if delivered by registered mail, return receipt requested, or by an internationally recognized express mail carrier, upon delivery; or (3) if delivered by email, upon delivery. Notice may only be sent to EPN in person or by registered mail at: eBay Partner Network, Inc., Attn: Legal Dept., 2145 Hamilton Avenue, San Jose, CA 95125. Notices may be sent to you via any of the methods described above according to the information provided by you in your account.
- Severability/No Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The Parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any Party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
- Entire Agreement. This Agreement, including the EPN Privacy Notice (available at https://partnernetwork.ebay.com/legal#privacy-notice), the DPRA, and applicable Program Details, in each case incorporated herein by reference, is the entire agreement between the parties pertaining to its subject matter and supersedes all prior written or oral agreements (including prior versions of this Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter.
- Guidelines and Accepted Promotional Methods. Subject to the licenses granted in Section VIII of the Agreement:
- Links. EPN may provide you with Links to promote Participating Sites and Content. You may not modify a Link unless it is specifically designed to be modified, and then only within the parameters provided by EPN. If the Links you use are not dynamically updated, you must update the Links upon notification from EPN.
- Promotional Content. EPN may provide you with pre-approved Promotional Content. You may not modify any of this Promotional Content without obtaining EPN’s prior written approval. If you wish to create your own Promotional Content, you must first obtain EPN’s prior written approval. If EPN requests, you must stop using any Promotional Content. All Promotional Content that you create must comply with the Agreement, this Code of Conduct, and any additional restrictions or guidance provided to you by EPN.
- Promotional Tools. EPN may provide you with Promotional Tools for creating your own Promotional Content; for example, an API platform. You agree to:
- Obtain EPN’s prior written approval if you create new tools and applications using the Promotional Tools.
- Use any Promotional Tools only in a lawful manner and only in accordance with the terms of this Agreement and any additional terms applicable to the Promotional Tool;
- Use any Promotional Tool only for the Participating Sites and Content for which it is intended. You may not use any Promotional Tools to drive transactions for any other sites or content;
- Not corrupt, modify or disable the Promotional Tools; and
- Not sell, redistribute, sublicense or transfer the Promotional Tools.
- Prior Consent. Unless expressly permitted under this Code of Conduct, all Promotional Methods are subject to EPN’s prior written approval, which may be revoked in EPN’s sole discretion at any time. You agree that you will immediately terminate any Promotional Method at any time at EPN’s request. EPN’s approval of any Promotional Method shall be limited to the Program for which it was approved.
- Clear and Not Deceptive. All Promotional Methods you use must be clearly recognizable as an advertisement for the relevant Participating Sites and Content and not deceptive. You must also secure permission before using any materials protected by third parties’ intellectual or proprietary rights (including without limitation copyrights, trademark rights, patent rights and rights of publicity).
- Social Media. You may use Links on social media sites that allow posting of affiliate marketing links. It is permitted to use URL shortening services offered by Bitly (Bit.ly), Google (Goo.gl and FDL), Hootsuite (Ow.ly), and Buffer (Buff.ly) to promote through your social media accounts.
- Disclosure about Relationship with EPN. Note that the Federal Trade Commission requires disclosure of any material connection or relationship when you endorse or promote a product or service to your readers. Affiliate links are considered such a material connection. Please insert a statement such as the below on your website. “When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.” Additionally, any posts on your social media channels (including, but not limited to Facebook, Twitter, and Instagram) must include #ad, #advertisement, #sponsored, or something similar at the beginning of the post to clearly and conspicuously disclose the posts are an advertisement.
- Personal Network. You may promote to your family members, relatives, and friends in accordance with the policies in this Code of Conduct. However, the products purchased must be used for their personal use, and not for resale.
- Search Engine Optimization Guidelines. Your domain name, title and description of your website and the metatags you use must be relevant to the Promotional Content and your website must only appear in a search engine’s result when the content of your website relates to the applicable search query. Your search engine optimization methods must comply with guidelines or best practices published by the applicable search engine.
- Paid Traffic Sources.
- If you buy paid traffic, linking from paid placements or paid search placements to a non-Advertiser domain is allowed as long as you do not immediately or automatically redirect end users to Advertiser sites and services. Also, if you buy traffic to your sites through sponsored links, you must ensure that all campaigns add these domains to their list of excluded sites, and add “eBay” as a negative keyword.
- Linking from social media advertising methods (e.g. Facebook boosted Posts) directly to the Advertiser’s domain is permitted.
- Restricted Promotional Methods. You may not engage in the following Promotional Methods without the prior written approval of EPN. The application to get an approval can be made from here.
- Incentive Programs. Your Promotional Methods may not directly or indirectly offer any reward or incentive for any Qualifying Transaction without EPN’s prior written approval. Any subsequent change to an approved incentive program also requires EPN’s prior written approval.
- Electronic Communications. You may not promote Participating Sites and Content using email or other forms of electronic communication (for example, SMS, instant messaging, or IRC) without EPN’s prior written approval. If you are permitted to use such electronic communications:
- They must comply with the requirements of Applicable Law, such as the CAN-SPAM Act of 2003 as in effect at any given time.
- EPN’s or Advertiser’s name may not appear in the “from” line of the message.
- Paid Traffic Sources. Without EPN’s prior approval, you may not direct traffic from Promotional Content or Links served by ad networks or their agents directly to Advertiser sites and services.
- Software Applications. You will not promote Participating Sites and Content using Software Applications without EPN’s prior written approval. Such Software Applications must comply with the additional terms in this Section. EPN reserves the right to immediately terminate any Software Applications at any time, with or without notice or cause.
- Installation Requirements.
- Your Software Application may be provided only to end users who affirmatively consent to install it. Your Software Application may not trick end users into installing it.
- Before your Software Application is installed, you must clearly and conspicuously disclose the principal and significant functions.
- EPN prohibits Software Applications installed in any type of bundle with other software of any kind without EPN’s prior written approval. EPN shall determine in its sole discretion what functions constitute bundling, which may include installation bundling. For example, a function in a web browser software that affixes your company’s site as the browser’s start page would constitute a bundling arrangement between your company and the browser software.
- Your Software Application must be easy for end users to remove, using standard practices appropriate for the supported operating system(s) or other platform(s).
- Operation Requirements. Your Software Application may send a user to a Participating Sites and Content via a Tracking Code only in an immediate response to a user’s deliberate and voluntary click (or, for a touch-capable device, tap) on a clearly-labeled Link. Except for any perpetual search box, toolbar button, or similar mechanism that is on screen at all times, your Software Application may not present ads for any other sites, services, Advertisers, or offers when a user visits Participating Sites and Content or when Participating Sites and Content is open on a user’s computer or mobile device. Your Software Application is prohibited if in EPN’s sole discretion it is likely to confuse the end user or trick the end user into thinking the Software Application is part of the Participating Sites and Content. Regardless, if your Software Application presents an ad for Advertiser when the end user is already on Participating Sites and Content, the Software Application must not send the end user to Participating Sites and Content via a Tracking Code on user’s computer or mobile device and you shall not earn compensation for any transaction resulting from such activity.
- Advance Review and Approval by EPN. Before distributing any Software Application or participating in any Program, you must provide EPN with a complete statement of the characteristics of your Software Application. Before EPN provides its approval, you must integrate your Software Application with EPN so EPN may evaluate the integration and its effect on Advertisers’ brand and Advertisers’ customer experience. EPN will withhold all compensation for traffic directed through Software Applications not approved by EPN. If a new version of your Software Application makes material changes to your participation in the Network, you must provide EPN with a complete statement of such changes for written approval. For purposes of this Section, “material changes” include any change to the methods of installation of your Software Application, the partners who distribute your Software Application, or the circumstances in which your Software Application sends end users to Participating Sites and Content.
- Software Application Prohibited Behaviors.
- You may not promote the Network through any Software Application that provides, or purports to provide, sniping functionality; that automatically places bids on behalf of end users; or that automatically makes purchases on behalf of end users.
- You may not operate or distribute Software Applications or participate in any Programs through any Agents or other intermediaries.
- Subject to EPN’s prior written approval, you may not use pop-ups, pop-unders, sliders, or sidebars to promote any Participating Sites and Content, nor may you modify the presentation or appearance of another web site as seen in a user’s web browser. EPN may approve such practices if all such modifications are consistent with the user experience disclosed at the time of installation, if all modifications include clear and conspicuous labels disclosing the modification and provide a mechanism for end users to obtain details, if modifications are not likely to confuse end users, and if your offering in EPN’s sole discretion genuinely delivers real and significant value to end users.
- Your Software Application may not attempt to evade testing, and may not attempt to conceal its practices. The practices of your Software Application should be consistent when run in a virtual environment, from varying IP addresses, and at varying times of day and days of the week.
- Worms, viruses, and trojan horses are strictly prohibited.
- Using Software Applications Provided by Others. If you contract, directly or indirectly, to use a Software Application provided by another person or entity, you are responsible for complying with the requirements of this Section exactly as if the Software Application were your own.
- Additional Restricted Promotional Methods. Any Promotional Method that is not expressly permitted or prohibited under this Code of Conduct is a Restricted Promotional Method and cannot be used without EPN’s prior written approval. Examples of these include:
- distribution of Promotional Content via Agents, distribution partners, or via ad networks;
- promotional Content created by a developer’s program tool or API; or holding in-person trainings and classes.
- Prohibited Promotional Methods. You may not engage in the following Promotional Methods
- Cookie Stuffing. You may not stuff cookies or other tracking tags on an end user’s computer without any affirmative action by the end user. End users that are only viewing your website, Promotional Content or advertisements or while your applications are merely active or open have not taken any affirmative actions.
- Non-Bona Fide Qualifying Transactions. You may not cause Qualifying Transactions to be made in bad faith, including but not limited to using invisible methods to generate impressions, clicks or transactions that are not initiated by the affirmative and genuine action of an end user, or using any cookie, device, program, robot, iframe or hidden frame, pop-up window or any other operation or process that interferes with EPN’s ability to properly identify and track transactions. Any method that artificially generates clicks, impressions, or activity is prohibited. This includes, but is not limited to, clicks or impressions generated when you or your Agents click on your own Promotional Content containing Tracking Code, automated clicking tools or traffic sources, robots, or other deceptive software. To be considered valid, clicks and conversions must result from genuine user interest. EPN will use its sole discretion to determine instances of invalid click activity, which may come in different forms and may include activity not due to any deliberate action on your part. EPN is not obliged to disclose details about the functioning of EPN’s fraud detection systems. Because EPN needs to protect its proprietary detection system, EPN may be unable to provide you with all information about your account activity, including any web pages, end users, or third-party services that may have been involved in fraudulent activities.
- Improper Influence. You may not make your own advertising claims. You may not interfere with or seek to improperly influence the referral of an end user to Participating Sites and Content. You may not mislead or trick an end user in any way into clicking on a Link. It must be clear for end users where they are being directed at all times.
- Middle Servers and URL Cloaking Services. You may not redirect any traffic to middle servers for the purpose of masking your referring source of traffic. This includes any URL shortening services other than the ones noted in Section I.F.
- Unacceptable Placements.
- Your Promotional Methods may not incorporate any topics that EPN in its sole discretion considers to fall in any of the following categories:
- sexually explicit materials
- firearms or weapons
- illegal goods, services or activities
- gambling or betting
- discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- libel or defamation
- content aimed at children
- content that is otherwise misleading, obscene or hate-oriented
- sniping functionality (meaning the act of including Links in software or a service that automatically places bids or makes purchases via Buy It Now on behalf of eBay members)
- malicious functionalities, such as malware or spyware
- Your Promotional Methods may not engage in misleading activities with respect to title and page description, search engine manipulation, the unlawful use of meta-tags, or otherwise in any manner that EPN in its sole discretion would consider to fall within any of the following categories:
- Your Promotional Methods may not:
- serve a pop-up or pop-under for any Participating Sites and Content in connection with other pop-ups or pop-unders.
- contain dialers or any software that is automatically downloaded without express consent from the end user.
- Paid Traffic Sources. You may not purchase any keywords or search terms that (a) incorporate in part or in full any of eBay’s trademarks (including without limitation eBay and Half), trade names, company names, brands, shop signs, domain names or URLs (including the translations and transliterations), or any variations thereof.
- Misdirection, Redirection and Framing.
- You may not make any express or implied representations, or otherwise create an appearance that a visitor to your website and/or Promotional Content is visiting Participating Sites and Content, for example, by framing or wrapping a site in any manner. You may not design your Promotional Methods in a way that, in EPN’s sole discretion, creates a likelihood of confusion with the website or emails belonging to the Advertiser.
- The URLs to which the Links direct end users must appear in the address line of the browser.
- The back button of the browser must be activated.
- You may not attempt to intercept or redirect traffic from or on, or divert compensation from, Participating Sites and Content or any other Affiliate.
- Promotional Content placed on an Advertiser website itself (for example, in your listings, your “About Me” page, and your store or eBay message boards).
- Promotional Content that promotes listings or behavior that violate the Advertiser’s policies
- Redirecting end users from Advertiser sites and services to an Affiliate’s website where the end user could click a Link back to the Advertiser site or service
DPRA Requirements. By participating in the Network, you agree to comply with with the terms of the DPRA attached as Exhibit B and incorporated herein by reference, as the same may be updated from time to time.
1. Purpose and Scope:
This Data Protection Requirements Addendum (the “DPRA”) reflects your commitment to abide by Applicable Law concerning the Processing of the eBay Data (defined below). This DPRA prescribes the minimum data protection and information security standards that you, your agents and assigns must meet and maintain in order to protect eBay Data from unauthorized use, access, disclosure, theft, manipulation, reproduction, a Security Breach (defined below) or otherwise during the term of the EPN Network Agreement (“Terms”) and for any period thereafter during which you, your agents or assigns has possession of or access to any eBay Data.
Capitalized terms used but not defined herein shall have the meaning set forth in the Terms.
a. “Applicable Law” means any applicable data protection, privacy, or information security laws, codes, and regulations or other binding restrictions governing Processing of eBay Data.
b. “Data Centers” means locations at which you provide data Processing or transmission functions in support of your Application. Data Centers can be owned by you or by a third party.
c. “Data Controller” means the party that determines the purposes of the Processing of Personal Data.
d. “Data Processor” means the party that Processes Personal Data on behalf of, and under the instruction of, the Data Controller.
e. “Data Subject” means the identified or identifiable person who is the subject of Personal Data.
f. “eBay Data” means data or information (regardless of form, e.g., electronic, paper copy, etc.) transmitted through the eBay API(s), Promotional Tools or otherwise provided by or on behalf of eBay to you. For avoidance of doubt, you acknowledge that eBay Data includes, without limitation, EPN User Data. eBay Data may be classified as:
i. “Confidential Data”: Information that is intended only for a limited audience within eBay or whose release would likely have an adverse financial or reputational effect on eBay, eBay customers, or eBay clients. Examples include, but are not limited to: customer or client customer individual names, email addresses, physical addresses and any other information that correlates to a person, software source code, customer personal contact information, customer email addresses, etc.; or
ii. “Personal Data”: data or information that makes a natural person identified or identifiable or is a numerical, physical, physiological, cultural, economic, mental or other factor of identity relating to an identified or identifiable person.
eBay Data specifically excludes data classified by eBay as “Restricted Data,” which includes highly sensitive or regulated information that is intended only for a limited audience within eBay or whose release would likely have a material adverse financial or reputational effect on eBay or any Data Subject. Examples include but are not limited to: (i) Government issued identification numbers for specific countries (e.g., USA Social Security number; Germany Shufa ID, Canada Social Insurance number, driver’s license number; state identification number); (ii) Bank account numbers and related bank wire transfer financial information; and (iii) customer date of birth.
You agree that you will not attempt to access, receive, transmit, Process or store any “Restricted Data”
g. “Processing” or “Processes” means any operation or set of operations which is performed upon eBay Personal Data, whether by automatic means or not, including but not limited to collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
h. “Security Breach” means a compromise of the systems in which eBay Data has been accessed or acquired by one or more unauthorized parties, or you or eBay reasonably suspects that such a breach of security may have occurred, or any act that violates any Applicable Law. For the avoidance of doubt, “a compromise of the systems” includes, but is not limited to: misuse, loss, destruction, unauthorized access, collection, retention, storage, or transfer.
i. “Sub-Processor” means any of your Affiliates, agents or assigns that Processes eBay Personal Data subject to the Terms, and any unaffiliated Data Processor engaged by you or by your Affiliates.
3. REASONABLE SECURITY:
Service Provider represents, warrants, and agrees to use Security Measures (as defined below) (i) to ensure the protection of the rights and freedoms of the Data Subjects in accordance with Applicable Laws and Regulations, in particular with Art. 32 of the Regulation 2016/679/EU, (ii) to ensure the security of eBay Data from any unauthorized access, (iii) to protect the availability, confidentiality, and integrity of any eBay Data collected, accessed, used, or transmitted by Service Provider in connection with this Agreement (including but not limited to appropriate data protection and disaster recovery) and (iv) to protect and secure any and all hosts, networks, applications, and physical premises used in any way to perform Service Provider’s responsibilities under this Agreement. Service Provider agrees that “Security Measures” shall mean commercially reasonable security-related policies, standards, and practices commensurate with the size and complexity of Service Provider’s business, the level of sensitivity of the data collected, handled and stored, and the nature of Service Provider’s business activities, provided that all such policies, standards, and practices shall, at a minimum, comply with any Applicable Laws and Regulations and shall give due consideration to information security management systems, physical security, physical access control, access control to systems, access control to data, disclosure control, input control, security and privacy enhancing technologies, awareness, training and security checks in relation to Service Provider Personnel (job control), availability control, segregation control, incident response management/business continuity and audit controls/due diligence. Service Provider further represents, warrants and agrees to (v) implement industry standard security controls to detect malware on any ads served by Service Provider or its partners to a person and take appropriate actions to remove identified malware in a timely manner. Service Provider shall provide a detailed description of the Security Measures in Appendix 2.
4. Logical Security:
a. Access Controls. You certify that you employ access control mechanisms that:
i. prevent unauthorized access to eBay Data; ii. limit access to your personnel with a business need to know;
ii. follow the principle of least privilege allowing access to only the information and resources that are necessary under the Terms; and
b. Regular Review of Access Controls. You will maintain a process to review access controls on a minimum annual basis for all of your systems that contain eBay Data, including any system that, via any form of communication interface, can connect to the system on which eBay Data is stored. You will maintain the same processes of review and validation for any third party hosted systems you use that contain eBay Data.
c. Malicious Code Protection. All workstations and servers will run the current version of industry standard anti-virus software with the most recent updates available on each workstation or server. Virus definitions must be updated within twenty-four (24) hours of release by the anti-virus software vendor.
5. Security Vulnerability Management:
a. Vulnerability Management and Application Security Assessments. Service Provider must run internal and external network vulnerability scans at least annually and after any material change in the network configuration (e.g., new system component installations, changes in network topology, firewall rule modifications, or product upgrades). Vulnerabilities identified and rated as high risk by the Service Provider will be remediated within ninety (90) days of discovery.
b. For all Internet-facing applications that collect, transmit or display eBay Data, Service Provider agrees to conduct an application security assessment review to identify common security vulnerabilities as identified by industry-recognized organizations (e.g., OWASP Top 10 Vulnerabilities; CWE/SANS Top 25 vulnerabilities) annually or for all major releases, whichever occurs first. At a minimum, it will cover the OWASP Top 10 vulnerabilities (https://www.owasp.org).
c. Patch Management. You will patch all workstations and servers with all current operating system, database and application patches deployed in your computing environment according to a schedule predicated on the criticality of the patch. You must perform appropriate steps to help ensure patches do not compromise the security of the information resources being patched. All emergency or critical rated patches must be applied as soon as possible but at no time will exceed thirty (30) days from the date of release.
6. eBay Security Assessments and Audits:
Service Provider shall, upon reasonable notice, allow its data processing procedures and documentation to be inspected by eBay (or its designee) in order to ascertain compliance with this DPRA or any agreements between eBay and Service Provider. Service Provider shall fully cooperate with audit requests by providing access to relevant knowledgeable Personnel and documentation.
7. Security Breach:
Service Provider will maintain an industry standard incident response function capable of identifying, mitigating the effects of, and preventing the recurrence of Incidents. Upon discovering or otherwise becoming aware of an Incident that may put eBay Data at risk (“Breach”), Service Provider shall take commercially reasonable measures to mitigate the harmful effects of the Incident. Service Provider shall also notify eBay of the Breach as soon as practicable, but in no event later than 24 hours after the Breach and in any case before notifying any relevant authority. Notice to eBay shall be written to CSIRT@eBay.com. Service Provider must ensure that affected third parties are notified of the Breach, at eBay’s sole discretion, either by notifying such third parties after eBay has reviewed and approved the language and method of notice, or by enabling eBay to notify such third parties itself. Service Provider agrees to cover the costs of any such notification, including reimbursing eBay for any reasonable costs such as to provide credit monitoring to affected Data Subjects. For the avoidance of doubt, eBay controls the means and timing of any such notification.
8. DATA RETENTION AND DELETION:
To the extent permitted by law, Service Provider will only retain eBay Data for as long as services are provided to eBay in accordance with its Processing Instructions. Service Provider agrees to dispose of eBay Data using a method that prevents any recovery of the data in accordance with industry best practices when it is no longer required for the purpose of the Agreement, upon termination of the Agreement or at any time upon written request from eBay, whichever occurs earlier. Service Provider agrees to provide eBay with a written confirmation regarding the deletion of data upon request.
9. DATA OWNERSHIP:
eBay retains all ownership rights in eBay Data. eBay does not in any way assign, transfer, or convey title of eBay Data to Service Provider. For the avoidance of doubt, Service Provider acknowledges and agrees that it has no ownership of, or right to use, sell, rent, lease, copy, access, combine, reproduce, display, perform, modify, transfer, or disclose eBay Data, or any derivative works thereof, except as expressly provided in eBay’s Processing Instructions. eBay grants to Service Provider a non-exclusive, non-transferable, non-sublicensable right and license to access, use, copy, display, combine, reproduce, perform, modify, transfer and disclose eBay Data and content during the duration of the Agreement for the limited purposes of providing the Services to eBay pursuant to its Processing Instructions; provided that, Service Provider may delegate its duties and obligations, and the license granted in this sentence, to its Sub-processors in compliance with this Addendum for the limited purposes of providing the Services to eBay pursuant to its Processing Instructions. eBay represents and warrants that it has the necessary rights and licenses to share the Personal Data with Service Provider so that Service Provider and its Sub-Processors may lawfully use, process and transfer the Personal Data in accordance with this DPRA and the Agreement. Further, eBay acknowledges and agrees that normal operation and use of the Services will permit eBay’s Authorized Personnel to access, use, copy, display, combine, reproduce, perform, modify, transfer and disclose eBay Data and content.
Your obligations and eBay’s rights under this DPRA shall become effective on the Effective Date of the Terms and will continue in effect so long as you possess eBay Data.
If and to the extent language in this DPRA conflicts with the Terms, this DPRA shall control.
12. Processing of Personal Data:
The following additional terms shall apply to the Processing of Personal Data by you:
a. Processing Instructions: You shall Process Personal Data only to deliver services in accordance with the Terms and/or eBay’s written instructions. For the avoidance of doubt, eBay’s written instructions for the Processing of Personal Data shall comply with Applicable Law. In the event you reasonably believe there is a conflict amongst Applicable Law or that eBay’s instructions conflict with any Applicable Law, you will inform eBay immediately and shall cooperate in good faith to resolve the conflict and achieve the goals of such instruction.
b. Use of Sub-Processors:
i. Contractual Privity. Your obligations under this DPRA shall apply to Sub-Processors. You are authorized to use Sub-Processors, provided that you represent and warrant that any approved SubProcessor is contractually bound to meet all data protection obligations required by the Terms, eBay’s Processing instructions, and by Applicable Law. Proof of these contractual obligations, in which commercially sensitive terms may be redacted, shall be provided to eBay promptly upon request. In the event that eBay reasonably believes a Sub-Processor Processes eBay Personal Data without having entered into a contractual agreement with you containing data protection obligations required by the Terms, eBay’s Processing instructions or by Applicable Law, eBay will promptly inform you and you shall cooperate in good faith to resolve the conflict and achieve the goals of such instruction.
ii. List Maintenance. You shall maintain a list of all Sub-Processors you have engaged to Process eBay Personal Data. Where required by law, you shall (i) inform eBay of any intended changes concerning the addition or replacement of Sub-Processors with access to eBay Personal Data and give eBay the opportunity to object to such changes, and (ii) obtain the prior written consent of eBay before entering into any such agreement (unless expressly waived in a written agreement).
iii. Organizational, Technical, and Physical Safeguards. You must restrict through organizational, technical, and physical safeguards the Sub-Processor’s access to eBay Personal Data to that which is only strictly necessary to perform its subcontracted Processing services to you (which shall be consistent with the Processing Instructions issued to you by eBay). Additionally, you will prohibit through organizational, technical and physical safeguards the Sub-Processor from Processing eBay Personal Data for any other purpose. Sub-Processors must similarly implement appropriate organizational, technical and physical measures to ensure that the Processing of eBay Data occurs in strict accordance with the Terms, eBay’s Processing instructions and Applicable Law and Regulations.
iv. Sub-Processor Liability. You shall remain liable for any act or omission of a Sub-Processor that does not comply with the Terms, any Processing instructions or the requirements of Applicable Law.
14.3 Transfer of Personal Data: You shall not cause or permit any Personal Data to be transferred across borders in breach of Applicable Law. Cross-border transfers of Personal Data subject to legal restrictions by Applicable Law shall require eBay’s prior written consent. For the avoidance of doubt, this transfer restriction does not pertain to eBay personnel access to Personal Data.
14.4 Limitation on Disclosure of Personal Data: To the extent legally permitted, you shall immediately notify eBay in writing upon receipt of an order, demand, or document purporting to request, demand or compel the production of Personal Data to any third party. You shall not disclose Personal Data to the third party without providing eBay at least forty-eight (48) hours’ notice, so that eBay may, at its own expense, exercise such rights as it may have under Applicable Law to prevent or limit such disclosure. Notwithstanding the foregoing, you will exercise commercially reasonable efforts to prevent and limit any such disclosure and to otherwise preserve the confidentiality of Personal Data; additionally, you will cooperate with eBay with respect to any action taken pursuant to such order, demand, or other document request, including to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to Personal Data.
14.5 Compliance with Applicable Law: You shall Process Personal Data in accordance with Applicable Law. You represent and warrant that you will maintain privacy policies sufficient to protect the Personal Data and compliant with the Applicable Law.
14.6 Liability and Indemnification: You shall be liable for any of your acts and/or omissions relating to the obligations in this DPRA that result in a Security Breach of eBay’s Personal Data. You shall indemnify, defend and hold eBay harmless from and against all liabilities, costs, damages, claims and expenses relating to Security Breaches that arise from or in connection with your breach of your obligations stated in this DPRA.
14. 7 Personal Data transmitted to eBay: Prior to sharing any Personal Data with eBay, you shall ensure that Data Subjects are appropriately notified of and have consented to eBay’s privacy practices. You warrant that you have a legitimate basis and adequate title to collect and share Personal Data with eBay.
Scope and updates of this User Privacy Notice
This User Privacy Notice applies to your use of this website and all eBay applications, services (including payment services), products and tools (collectively the "Services"), regardless of how you access or use these Services, including access via mobile devices and apps.
This User Privacy Notice also applies if explicit reference is made to it via a link or in a similar manner, e.g. on websites of partners on which Services from eBay are offered.
We may change this User Privacy Notice at any time by posting the revised User Privacy Notice on this website and indicating the effective date of the revised User Privacy Notice. You will be notified of any material changes to this User Privacy Notice via My Messages in My eBay and/or by email.
Which eBay company is responsible for the collection and processing of your personal data in connection with the provision of the Services depends on how you use our Services.
2.1 Use of the Services
The following eBay company is responsible for the collection and processing of your personal data in connection with the provision of our Services (except payment services for sellers, see below under Use of the payment services for sellers), depending on the region in which you are located:
• USA: eBay Inc., 2025 Hamilton Avenue, San Jose, CA 95125, USA
• Canada: eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada
• EU: eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany. If you use the eBay Customer Guarantee offered in France, Italy or Spain, eBay Services S.à r.l., 22-24 Boulevard Royal, 2449 Luxembourg is responsible for data processing with regard to this particular service.
• United Kingdom: eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom
• India: eBay Singapore Services Private Limited, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315
• For all other countries: eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland
2.2 Use of the payment services for sellers
The following eBay company is responsible for the collection and processing of your personal data in connection with the provision of our payment services to sellers, depending on which region you are located in and whether we provide our payment services there:
• USA: eBay Commerce Inc., 2025 Hamilton Avenue, San Jose, CA 95125, USA
• EU: eBay S.à r.l., 22-24 Boulevard Royal, 2449 Luxembourg
3. Data protection officer and contact
In those countries where we are required to do so by law, we have appointed data protection officers to oversee the protection of your personal data. If you have any questions about this User Privacy Notice or about data protection at eBay in general, you can contact the data protection officer responsible for your country at any time. You will find the contact details of your data protection officer in the list of our data protection officers in our eBay Privacy Center.
Furthermore, if you have any questions or complaints regarding this User Privacy Notice, our global privacy standards or our handling of personal data, you can also contact the eBay Privacy Team or the controller who is responsible for the processing of your personal data at any time (for further information, see Controller above). This applies regardless of whether we have appointed a data protection officer in your country or not. You can find all necessary information and contact details including a contact form in our eBay Privacy Center.
What personal data we collect and process
We collect your personal data when you use our Services, create a new eBay account, provide us with information via a web form, add or update information in your eBay account, participate in online community discussions or otherwise interact with us. We also collect personal data from other sources (such as other eBay Inc. corporate family members or credit agencies or bureaus).
In total, we collect the following personal data:
4.1 Personal data you provide when using our Services or creating an eBay account
· Data that identifies you, such as your name, address, telephone numbers or email addresses, your user name, or your VAT identification number that you provide when setting up your eBay account or at a later date, and additional identification data and tax identification numbers that you provide when using our payment services as a seller.
· Data regarding bids, purchases, or sales that you provide in a transaction.
· Content that you share with other users through our messaging tools (see below under Filtering of messages sent via our messaging tools for more information).
· Financial information (e.g. credit card and account numbers, payment details) in connection with a transaction.
· Shipping, billing, and other information you provide in connection with the purchase or shipping of an item, as well as information required for customs clearance (such as tax identification numbers or other identification numbers) and relevant shipping information (such as shipment numbers and tracking information) if shipped through one of our programs.
· In some cases: age, gender, country of birth, nationality, employment status, family status, interests and preferences.
· You may provide us with additional information through a web form or by updating or adding information to your eBay account, by participating in community discussions, member chats, inquiries, dispute resolution, customer service calls recorded with your consent, or if you contact us for any other reason regarding our Services.
· Other data that we are required or entitled by applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.
4.2 Personal data we collect automatically when you use our Services or create an eBay account
· Data that is generated as part of one of your transactions (bids, purchases, sales) or that is linked to your eBay account as a result of a transaction in which you are involved, such as transaction amounts, time and location of transactions and payment methods.
· Data that is generated through your other actions when you use our Services and which is linked to your eBay account, e.g. when you place items in your shopping cart, place items on the watch list, save sellers, searches or interests, or follow users.
· Data regarding all other interactions with our Services, your advertising preferences, and your communications with us.
· Location data, including the location data of your mobile device. Please note that for most mobile devices, you can manage or disable the use of location services for all applications in the settings menu of your mobile device.
· Computer and connection information, such as statistics regarding your use of services from eBay, information on data traffic to and from websites, referral URL, information on advertisements, your IP address, your access times, your browser history data, your language settings and your weblog information.
· Data about the pages you visit, the access time, frequency and duration of visits, the links on which you click and other actions you take as part of your use of our Services and in advertising and email content.
· Data about your activities and interactions with our advertising partners including data about the advertisements you were shown, how often they were shown, when and where they were shown, and whether you took any action, such as clicking on an advertisement or making a purchase.
· Your user segment.
· Model or device type, operating system and version, browser type and settings, device ID or individual device identifier, advertisement ID, individual device token, and cookie-related data (e.g. cookie ID).
· The IP address from which your device accesses the Services.
· Location data, including the location data of your mobile device. Please note that most mobile devices allow you to manage or disable the use of location services for all applications in the settings menu.
For more information about our use of these technologies and your choices, see Cookies & similar technologies.
4.4 Personal data from other sources
We also collect personal data about you from other sources and from third parties to the extent permitted by applicable law. In particular, this includes the following data:
· Data from public sources (e.g. demographic data)
· Data from credit agencies or bureaus (e.g. credit reports/checks)
· Data from data providers (e.g. demographic, interest-based and online advertising related data)
With regard to our payment services for sellers: data from government or other sources concerning any previous convictions of the respective seller, to the extent permitted by applicable law. We combine or connect the personal data we collect from you with data from these other sources. Where personal data is disclosed to us by third parties, we take steps to confirm that the information has been collected with your consent and/or that these third parties are otherwise legally permitted to disclose your personal data to us. We also receive access to personal data about you from other members of the eBay Inc. corporate family.
4.5 Social network data you share with us
· We allow you to share personal data with social networks, to use social networks to create an eBay account or to link your eBay account to a social network. These social networks may automatically provide us with access to certain personal data they have stored about you (e.g. content you have viewed or enjoyed, information about the advertisements you have been shown or clicked on, etc.). You can determine the personal data that we can access through the privacy settings of each social network.
· If you give us access to video content pages, your grant of access is your consent that we may, for at least two years, or until you withdraw your consent or are no longer connected to the social network, share with and collect from social networks information regarding your viewing of videos.
· We may also use plug-ins or other technologies from various social networks. If you click on a link displayed through a social network plug-in, you voluntarily connect to that social network.
Purposes and legal basis for data processing and categories of recipients
We process your personal data for various purposes and pursuant to various legal bases. We process your personal data primarily to provide and improve our Services, to provide you with a personalized user experience on this website, to contact you about your eBay account and our Services, to provide customer service, to provide you with personalized advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We also share your information with third parties for these purposes.
Below you will find a summary of the purposes for which we process your personal data, including the categories of recipients to whom we transmit personal data for the purposes stated, sorted by legal basis:
5.1 We process your personal data in order to fulfil our contract with you and to provide you with our Services. This includes the following purposes:
• Processing of data relating to you or your company for the purpose of entering into a contract with you and executing it.
• Provision of our Services, including but not limited to enabling and performing transactions with other users (including the transmission of your personal data to other users where necessary to perform the transaction, including in cases of terminated, failed or subsequently voided transactions), providing and enhancing features such as payment processing, ratings and eBay account management, providing other services you may use (as described in connection with such services), and ensuring the functionality of our Services. In connection with the provision of our Services, we will send you notifications relating to the execution of transactions and the use of our Services in accordance with the communication preferences in your eBay account.
• Enabling the delivery of purchased items by logistics/shipping service providers including notifications in connection with the delivery (such as tracking information), the latter to the extent permitted by applicable law without your consent.
• Provision of our payment services.
• Solution of problems with your eBay account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims. For these purposes, we may contact you via notification in My eBay, email, telephone, SMS, push notification on your mobile device or by mail. If we contact you by telephone, in order to ensure efficiency, we may use automatically dialed calls with tape announcements or automated text messages in accordance with our User Agreement and Payments Services Agreement, to the extent permitted by applicable law.
• Processing of general location data (such as IP address or postal code) in order to provide you with location-based services (such as radius search and other content that is personalized on the basis of your general location data).
• Enforcement of our User Agreement, the Payments Services Agreement, this User Privacy Notice and other rules and policies.
• Publication and promotion of your listings and related content on the websites or in the applications, services and tools of other eBay Inc. corporate family members or cooperating third party operators of websites, applications, services and tools. When we share the content of your listings and any related personal data with third parties, we do so only on the basis of an agreement that limits the use of such personal data by the third party to the purposes necessary to fulfil its contractual obligations to us. Third party providers are contractually obliged to take appropriate security measures with regard to this data. Third party providers are strictly forbidden to pass on personal data contained in your listings to other third parties. In case of data transmissions to eBay Inc. corporate family members, such restrictions result from our Binding Corporate Rules (see below under Data transfers to eBay Inc. corporate family members).
Where necessary, we transmit your personal data to processors and the subsequentfollowing recipients for one or several of the purposes described above:
• Other eBay users
• eBay Inc. corporate family members
• External service providers and shipping companies (such as DHL, UPS etc.)
• Payment service providers including the PayPal Inc. group of companies
• External operators of websites, applications, services and tools
5.2 We process your personal data in order to comply with legal obligations to which we are subject. This includes the following purposes:
• Participation in proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts.
• Prevention, detection and mitigation of illegal activities (e.g. fraud, money laundering and terrorist financing).
• Ensuring the information security of our Services.
• Retention and storage of your personal data to comply with specific legal retention requirements (for more information on eBay's storage of your data, see Storage duration and erasure).
Where necessary, we transmit your personal data to processors and the subsequentfollowing recipients for one or several of the purposes described above:
• Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies (in connection with our payment services provided in the EU for sellers in particular with regard to compliance with Luxembourg laws concerning FATCA dated July 7, 2015 and concerning the OECD Common Reporting Standard dated December 18, 2015).
• Third party service providers
• Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to us.
• Credit agencies bureaus or associations, if required by applicable law (e.g. information on payment delays, payment defaults or other irregularities that may be relevant to your credit report).
• eBay Inc. corporate family members
5.3 We process your personal data in order to protect your vital interests or the vital interests of another natural person. This includes the following purposes:
• Prevention, detection, mitigation and investigation of unlawful activities that may result in impairment of your vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
• Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
• Third parties who are involved in judicial proceedings.
• eBay Inc. corporate family members
• External service providers
5.4 We process your personal data where necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. In order to reconcile our legitimate interests with your rights, we have introduced appropriate control mechanisms. On this basis, we process your data for the following purposes:
• Participation in proceedings (including judicial proceedings) conducted by courts, law enforcement agencies, government agencies or public authorities, intergovernmental or supranational bodies, in particular for the purpose of detecting, investigating and prosecuting illegal acts, unless there is a statutory obligation to this effect, and we may legitimately assume that the disclosure of the data is necessary to avert imminent disadvantages or to report a suspicion of an illegal act. In such cases, we will only disclose what we believe is necessary, such as your name, city, zip code, telephone number, email address, (previous) user names, IP address, fraud complaints, bidding and listing history.
• Protection of the legitimate interests of third parties in connection with civil law disputes, unless there is a statutory obligation to this effect, if we may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages.
• Prevention, detection, mitigation and investigation of fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks (e.g. through the use of captchas or the telephone number stored in your eBay account for two-factor authentication), unless there is a statutory obligation to this effect.
• Monitoring and improvement of the information security of our Services, unless there is a statutory obligation to this effect.
• Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes.
• Automatic filtering and, where necessary, manual review of messages sent through our messaging tools to prevent fraudulent or suspicious activity or violations of our User Agreement or other rules and policies, including enforcing the prohibition of purchases and sales outside of eBay, as further explained below under Filtering of messages sent via our messaging tools.
• Provision of functions for users that make the processing of transactions easier or more convenient (e.g. administration of several delivery addresses).
• Analysis and improvement of the Services from eBay Inc. corporate family members, e.g. by reviewing information from users about blocked or crashed pages in order to identify and solve problems and to provide you with an improved user experience, including as part of product development.
• Analysis of telephone conversations with our customer service that we recorded with your consent.
• Advertisements by mail (according to your communication preferences in your eBay account).
• To the extent permitted by applicable law without your consent, communications with you via electronic mail (e.g. email) or telephone to offer you vouchers, discounts and special offers, to conduct opinion polls and surveys, and to inform you about our Services (according to your communication preferences in your eBay account). If you do not wish to receive marketing communications from us, you can also unsubscribe by clicking on the link in the email you received. For technical reasons, the implementation may take a few days.
• Notifications regarding promotions and information about our Services after logging into your account or in My Messages in My eBay (according to your communication preferences in your eBay account).
• For users outside the European Economic Area (EEA): Personalization, measurement and improvement of our and third party advertisements in our online offerings, the online offerings of other eBay Inc. corporate family members or third parties.
• Customization of page content to display the items and services you may like based on the actions you take.
• Evaluation of the quality and success of our email marketing campaigns (e.g. through analysis of opening and click rates).
• Assessment of the service status (e.g. on the basis of tracking information if sellers use shipping labels from shipping providers via eBay or provide tracking numbers).
• Offering of partner and bonus programs, co-branding credit cards.
• Provision of shared content and services (such as registration for services, transaction processing and customer service) with eBay Inc. corporate family members or cooperating payment service providers.
• Initiation, preparation and execution of a company acquisition, e.g. in the event of a merger with another company or takeover by another company. If such an event occurs, we will require the merged entity to comply with this User Privacy Notice with respect to your personal data. Should your personal data be processed for any purpose not specified in this User Privacy Notice, you will be informed in advance of the processing of your data for this new purpose.
• Assertion of or defense against legal claims, including those asserted by one eBay user against another eBay user.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
• eBay Inc. corporate family members
• External service providers
• Other eBay users
• Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
• Third parties who are involved in judicial proceedings
• Payment service providers including the PayPal Inc. group of companies
• Credit agencies or bureaus (e.g. information about payment delays, payment defaults, or other irregularities that may be relevant to your credit report)
• Other companies in the context of a company acquisition
• Participants in the eBay VeRO program in the event of an investigation for fraud, intellectual property infringement, product piracy or other unlawful activity, if we, in our sole discretion, deem the investigation of such incident necessary or useful. In such cases, we will disclose the seller's name, address, city, zip code, country, telephone number, email address and company name to the participant of the eBay VeRO program and bind the participant by a worldwide non-disclosure agreement to treat the data as confidential.
5.5 With your consent, we process your personal data for the following purposes:
• For users within the European Economic Area (EEA): Personalization, measurement and improvement of our and third party advertisements in our online offerings, the online offerings of other eBay Inc. corporate family members or third parties.
• Marketing communications by telephone or electronic mail (such as email or SMS), including communications by other eBay Inc. corporate family members or by third parties, unless these communications are permitted without your consent under applicable law.
• Processing of your exact location data to provide location-based services.
• Processing of your personal data on the basis of your consent, which you have given so that we or third parties can enable you to use certain services or make them available to you.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
• eBay Inc. corporate family members
• External service providers
• Other third parties with whom we partner to offer you specific services (as described at the collection of the respective user consent)
• Third party financial institutions with whom we partner to offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third party financial institution partners will use your personal data to send you marketing communications only if you have requested their services.
Without your consent, we will not pass on your personal data to third parties for their marketing or advertising purposes, nor will we sell or otherwise make it available to third parties for a fee.
5.6 Data Sharing between eBay Inc. Corporate Family Members
As set out above under “Personal data from other sources,” we also receive access to personal data about you from other eBay Inc. corporate family members. This enables us, in particular, to provide you, with your consent as legally required, with information about products and services, which we believe might interest you, and improve our products, services, content, and advertising by analyzing your use of the services of other eBay Inc. corporate family members, in particular through the matching of certain data (e.g. cookie IDs). Furthermore, this allows us to better prevent, detect, mitigate and investigate fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks. We will also grant access to personal data about you to other eBay Inc. corporate family members for the aforementioned purposes. To the extent that other eBay Inc. corporate family members have access to your personal data, they will follow practices that are at least as restrictive as the practices described in this User Privacy Notice.
5.7 Additional information regarding our payment services for sellers
With regard to our payment services for sellers in the EU, we additionally point out that eBay S.à r.l. is subject to professional secrecy, which requires special transparency with regard to the processing and, in particular, the transmission of your personal data. We therefore expressly draw your attention to the fact that eBay S.à r.l. may pass on your personal data to trustworthy third parties and business partners where necessary to provide our payment services for sellers, as described above in this Section 5 of the User Privacy Notice. This includes in particular the following third parties and business partners:
• Other payment service providers, including financial institutions
• Companies offering financial products, analyses and scoring (e.g. credit agencies or bureaus)
• Authorities, agencies and other governmental bodies (e.g. to combat fraud)
• Auditors and other professional advisors
You can request a complete list of all third party providers and business partners for our payment services for sellers in the EU by contacting us.
5.8 Automated decision-making
We use technologies that are considered automated decision making or profiling. We will not make any automated decisions about you that would significantly affect you unless such a decision is necessary for entering into, or the performance of, a contract with you, we have obtained your consent, or we are required by applicable law to use such technology. You will find information on your right to object to this processing of your data below under Rights as a data subject.
Some recipients of your personal data are located outside your country or have offices in countries where data protection laws may provide a different level of protection than the laws in your country. When transferring personal data to such recipients, we provide appropriate safeguards.
(+) Learn more
6.1 Data transfers to eBay Inc. corporate family members
The transmission of personal data between different eBay Inc. corporate family members is based on our worldwide data protection principles, which are binding internal data protection regulations (Binding Corporate Rules, BCRs), or on the basis of other appropriate safeguards (e.g. standard data protection clauses issued or approved by the European Commission (2010/87/EU, 2001/497/EC or 2004/915/EC)). Through our Binding Corporate Rules, the eBay Inc. corporate family members undertake to protect your personal data and to comply with data protection obligations. Further information on our binding company-wide guidelines and our worldwide data protection principles can be found in the eBay Privacy Center.
6.2 Other data transfers (from the European Economic Area to third countries)
We will only transfer your personal data from the European Economic Area (EEA) to third countries, i.e. countries outside the EEA, on the basis of appropriate safeguards. Third countries providing an adequate level of data protection according to the European Commission currently include Andorra, Argentina, Canada (for companies covered by the Personal Information Protection and Electronic Documents Act), Switzerland, the Faroe Islands, Guernsey, the State of Israel, the Isle of Man, Japan, Jersey, New Zealand and Uruguay. Recipients in the USA can be partially certified according to the EU-U.S. Privacy Shield, so that appropriate safeguards for an international data transfer exist. In other cases, eBay provides the necessary safeguards, e.g. through the conclusion of data protection contracts adopted by the European Commission (e.g. standard data protection clauses (2010/87/EU, 2001/497/EC or 2004/915/EC)) with the recipients, or through other measures provided for by law. A copy of the documentation of the measures taken by us is available on request.
Storage duration and erasure
Your personal data will be stored by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this User Privacy Notice (see Purposes and legal basis for data processing and categories of recipients for more information on the processing purposes). Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for tax, accounting or auditing purposes). In Europe, the retention periods are generally between 6 and 10 years (e.g. for contracts, notifications and business letters). As far as legally permissible or required, we restrict the processing of your data instead of deleting it (e.g. by restricting access to it). This applies in particular to cases where we may still need the data for the execution of the contract or for the assertion of or defense against legal claims. In these cases, the duration of the restriction of processing depends on the respective statutory limitation or retention periods. The data will be deleted after the relevant limitation or retention periods have expired.
The specific retention periods for personal data are documented in our regional data retention guidelines. How long we retain personal data may vary depending on the Services we provide and our legal obligations under applicable national law. The following factors typically affect the retention period:
• Necessity for the provision of our Services
This includes such things as executing the User Agreement with you, maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. Most of our retention periods are determined on the basis of this general rule.
• Special categories of personal data
If we store special categories of personal data, a shorter retention period is usually appropriate.
• Consent-based processing of personal data
If we process personal data on the basis of consent (including consent to the extended storage), we store the data for as long as necessary in order to process it according to your consent.
• Statutory, contractual or other similar obligations
Corresponding storage obligations may arise, for example, from laws or official orders. It may also be necessary to store personal data with regard to pending or future legal disputes. Personal data contained in contracts, notifications and business letters may be subject to statutory storage obligations depending on national law.
Rights as a data subject
Subject to possible restrictions under national law, as a data subject, you have the right to access, rectification, erasure, restriction of processing and data portability with regard to your personal data. In addition, you can withdraw your consent and object to our processing of your personal data on the basis of legitimate interests. You can also lodge a complaint with a supervisory authority.
Your rights in detail:
• You can withdraw your consent to the processing of your personal data by us at any time. As a result, we may no longer process your personal data based on this consent in the future. The withdrawal of consent has no effect on the lawfulness of processing based on consent before its withdrawal.
• You have the right to obtain access to your personal data that is being processed by us. In particular, you may request information on the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data or to object to such processing, the right to lodge a complaint with a supervisory authority, any available information as to the personal data’s source (where they are not collected from you), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. Your right to access may be limited by national law.
• You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
• You have the right to obtain from us the erasure of personal data concerning you, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims. The right to erasure may be limited by national law.
• You have the right to obtain from us restriction of processing to the extent that
o the accuracy of the data is disputed by you,
o the processing is unlawful, but you oppose the erasure of the personal data,
o we no longer need the data, but you need it to assert, exercise or defend legal claims or
o you have objected to the processing.
• You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller ("right to data portability").
• You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or the registered office of the controller.
If your personal data is processed on the basis of legitimate interests, you have the right to object to the processing of your personal data on grounds relating to your particular situation. This also applies to profiling. If your personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
The exercise of the above data subjects’ rights (e.g. right to access or erasure) is generally free of charge. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge an appropriate fee (at most our actual costs) in accordance with the applicable statutory regulations or refuse to process the application.
(+) Exercising your rights and managing your settings
You can exercise your rights as a data subject via our contact forms. In addition, you are of course free to contact us in any other way.
If you would like to change your preferences regarding eBay notifications (including marketing communications), you can do so at any time in My eBay under "Communication Preferences". If you do not wish to receive marketing communications from us, you can also unsubscribe by clicking on the link in the email you received. For technical reasons, the implementation may take a few days. For information on how to manage your cookie and similar technology preferences, see the next section Cookies & similar technologies.
Cookies & similar technologies
Our cookies and similar technologies have different functions:
• They may be technically necessary for the provision of our Services.
• They help us optimize our Services technically (e.g. monitoring of error messages and loading times).
• They help us improve your user experience (e.g. save font size and form data entered).
• They allow us to show you more relevant advertisements.
(+) Your choices regarding cookies
• To manage the settings regarding the use of first-party cookies (and similar technologies) for advertising-related purposes, please go to AdChoice - eBay Advertising Preferences (you can also access this page directly via a link in the respective advertisement or the footer of our website).
• You can find information about third-party cookies (and similar technologies) related to advertising and how to prevent their use on the following websites:
o www.aboutads.info/choices (only available in English)
o www.networkadvertising.org/choices (only available in English).
• Users in the European Economic Area (EEA) can also use Advertising and related preferences to determine to what extent they consent to the processing of their personal data for advertising purposes via cookies (and similar technologies).
If you decide not to have your personal data processed by us for advertising purposes via cookies (and similar technologies), this does not mean that we will not show you advertisements. It simply means that these advertisements will not be personalized for you using first-party or third-party cookies, web beacons, or similar technologies.
We protect your personal data through technical and organizational security measures to minimize risks associated with data loss, misuse, unauthorized access and unauthorized disclosure and alteration. To this end we use firewalls and data encryption, for example, as well as physical access restrictions for our data centers and authorization controls for data access. You can find further information on data security in our Security Center.
Other important information regarding data protection
This section contains important additional information about the protection of personal data in connection with the use of our Services, including whether you are required to provide personal data.
What happens when you share your personal data on our sites or applications?
Other users have access to the information you share on eBay or disclose to other users. For example, other users can see your bids, purchases, items for sale, saved interests, sellers and searches, storefronts, feedback, ratings, product reviews and associated comments. Other users can also see any information you chose to share in your profile.
When you use our Services, your public user ID may be displayed and available to the public and associated with all of your public eBay activity. Notices sent to other users about suspicious activity and notice violations on our sites may refer to your public user ID and specific items. Accordingly, if you use a username that allows others to identify you, these others may be able to identify your eBay activities.
To help protect your personal data, we allow only limited access to other users' contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other's name, user ID, email address and other contact and shipping information.
Your responsibilities over transactional information you receive through eBay
When you complete a transaction with another user (or a transaction has been cancelled, failed, or subsequently invalidated), we will provide you with the other user's personal data (such as name, username, email address, contact information, shipping and billing information). Independent from us, you are the controller of such data and responsible for any processing.
Unless you act for purely personal purposes, we recommend that you explain your data processing activities in your own privacy notice and protect the privacy of other users. As a seller, you must in any case comply with the applicable data protection laws and in particular protect the rights of other users as data subjects, e.g. give them the opportunity to access the personal data collected by you and demand that it be erased.
You may use the personal data that you have access to only for eBay transaction-related purposes, or for other Services offered through eBay (such as shipping, fraud complaints, and member-to-member communications), and for purposes expressly consented by the user to whom the data relates. Using personal data of other users that you have access to for any other purpose constitutes a violation of our User Agreement.
Personal data relating to third parties
If you provide us with personal data relating to another person, you must obtain the consent of this person or the disclosure of the data to us must be otherwise legally permissible. You must inform the other person of how we process personal data in accordance with our User Privacy Notice.
Filtering of messages sent via our messaging tools
We filter the messages sent via our messaging tools automatically according to certain criteria and check conspicuous messages manually if necessary. The messages are first received by us and then forwarded to the recipient. All messages are automatically filtered according to certain criteria. If necessary, conspicuous messages are checked manually by our customer service. In the event of a violation, we reserve the right to block the transmission of the message and to restrict the purchase and sales functions of your eBay account or to block your eBay account.
This is to protect legitimate interests such as protecting against fraudulent or suspicious activities (e.g. spam, viruses, phishing, or other illegal activities) or enforcing our User Agreement and our other rules and policies (e.g. illegal and other prohibited content), including but not limited to enforcing the prohibition of purchases and sales outside of eBay.
Are you obliged to provide your personal data to us?
Some of the personal data that you provide to us (e.g. data by which we can identify you) are required to enter into the Usage Agreement and the Payments Services Agreement. The provision of any other personal data is voluntary, but may be necessary for the use of our Services, such as bidding, purchase and sales data to complete a transaction.
Our services are not intended for the use by children. We do not knowingly collect personal data from users who are considered children under applicable national laws. According to our User Agreement, children are not permitted to use our Services.
Regional Privacy Disclosures
For additional regional disclosures for residents of certain U.S. states, please review our State Privacy Rights [hyperlink] page.
Staying Signed in
When you sign in to your account on our Services, we give you the option to stay signed in to your account for certain amount of time. If you are using a public or shared computer, we encourage you not to choose to stay signed in. You or any other user of the computer/browser you signed in on will be able to view and access most parts of your account and take certain specific actions during this signed in period without any further authorization. The specific actions and account activities that you or any other user of this computer/browser may take include:
• Bid, buy or make an offer on an item
• Check out or add items to your cart
• Purchase an item with PayPal using Faster Checkout (if enabled in your account)
• View the activity header
• View the My eBay page
• View or edit the Watch List or order details
• View the profile page
• Send member-to-member messages
• Conduct after-sale activities, like leaving Feedback, canceling orders, requesting returns or submitting claims
If you attempt to change your password, User ID, update any other account information or attempt other account activity beyond those listed above, you may be required to enter your password.
You can typically end your signed in session by either signing out and/or clearing your cookies. If you have certain browser privacy settings enabled, simply closing your browser may also end your signed in session. If you are using a public or shared computer, you should sign out and/or clear your cookies when you are done using our Services to protect your account and your personal data.
How to Contact Us
If you have a question or a complaint about this privacy notice, our global privacy standards, or our information handling practices, you can reach the Global Privacy Office in writing at: eBay Inc, Attn: Legal - Global Privacy Office, 2065 Hamilton Avenue, San Jose, California 95125, USA.
You can find more information on how to contact us and our data protection officers at our eBay Privacy Center
Your right to file complaints with a data protection supervisory authority remains unaffected.
Advertiser: eBay Inc.
Participating Sites and Content:
Participating Site and Content
Program Description:Directing end users to Participating Sites and Content in exchange for a percentage of the revenue eBay Inc. earns from those purchases OR participating in eBay’s Buy API Program in exchange for a percentage of revenue eBay earns from an end user’s purchase of products or services through your implementation of eBay’s Buy API Program.
Payment Structure for Qualifying Transactions: A Qualifying Transaction occurs when (1) an end user makes a purchase on a participating Affiliate website within 24 hours after clicking your Promotional Content for a “Buy It Now” item, (2) an end user places a bid on an auction within 24 hours after clicking your Promotional Content and wins such auction within 10 days for an “Auction” item, or (3) an end user makes a purchase through eBay’s API on a digital property that is owned and operated by you and that complies with all other terms and conditions of your agreement for participation in eBay’s Buy API Program. For any Qualifying Transactions, you receive a percentage of the revenue eBay Inc. earns from that purchase, based on the category-level commission rates shown below. Note that there are certain items and categories for which eBay Inc. earns low or no revenue; in such cases, you will therefore earn low or no revenue share. These items and categories may include, but are not limited to gift cards, items sold by charities, and special promotional deals. You will only be paid once for each Qualifying Transaction; no duplicate payments will be made under eBay’s Buy API Program.
PROGRAM REVENUE SHARE BY CATEGORY (EFFECTIVE MARCH 1, 2017)
PARTS & ACCESSORIES
HOME & GARDEN
BUSINESS & INDUSTRIAL
NEW OR REACTIVATED BUYER BONUS (as % of Baseline Earnings)
Please note there may be exceptions to the rate card above for certain partners based on business model or other special circumstances.
New or Reactivated Buyer Bonus. As indicated in the table above, you will receive an additional bonus equal to 100% (1x) of your base earnings when Qualifying Transactions described above are made by new buyers or buyers who have not purchased from eBay in the prior 12 months.