Code Of Business Conduct & Ethics - EBay Inc
2021Code of BusinessConduct & Ethics
eBay Code of Business Conduct & EthicsA messagefrom JamieSince Pierre Omidyar founded eBay, we’vebeen guided by the principle that peopleare basically good. Our goal is to empowerpeople and create opportunity, and webelieve our marketplace should be basedon mutual trust and reward.and respect our employees and ourcommunity of buyers and sellers. TheeBay Code of Business Conduct & Ethicshelps put Our Beliefs into practice andhelps us with the decisions we make on adaily basis.In other words, “how” we do things is justas important as “what” we do. That’s whereOur Beliefs come in—they guide how weshow up every day for our customers andeach other.Please read the Code carefully andask questions if something is unclear.It’s important that everyone follows thespirit of the Code every day and in everyinteraction with each other andour community.As a company and individually, we mustconduct our business with integrity,adhere to the highest ethical standards,
2021eBay Code of Business Conduct & EthicsA message from our CEO2Introduction401 Empower our communityTable ofcontents04 Be for everyoneFollowing the law6Embracing our diversity41Making ethical decisions7Leading our teams42Understanding the importance of speaking up8Preventing harassment in our workplaces44Maintaining accurate accounts and records10Keeping our people safe44Refraining from insider trading12Being responsible about drugs and alcohol47Engaging in appropriate gifting and entertainment14Respecting and supporting outside causes48Avoiding bribery and corruption1702 Innovate boldly05 Act with integrityProtecting against conflicts of interest50Competing fairly21Navigating investments and business relationships51Collecting competitive intelligence22Mixing business and personal relationships53Respecting the intellectual property of others23Avoiding conflicts of interest55Contributing to our community25Holding outside employment57Stewarding our environment26Serving on boards and advisory boards57Participating in industry associations58Pursuing corporate opportunities58Participating in political activities59Interacting with the government6003 Deliver with impactSafeguarding our marketplace28Managing company assets and information29Securing our data32Following trade laws34Preventing money laundering35Following our Code and getting help62Marketing and advertising honestly36Investigating Code violations63Making public statements and endorsements37Preventing retaliation63Posting on social media38Disciplining infractions64Waiving provisions of the Code6406 How we carry out Our Beliefs
0X Section Title4IntroductionOur Code of Business Conduct & Ethicsprovides guidance on how we conduct ourbusiness for the benefit of ourselves, ourcolleagues, our company, our customers,our suppliers and our stockholders.The Code aspires to go beyond policies,rules, and laws to provide guidance forbehaving and conducting our businessaffairs ethically and consistently withOur Beliefs.eBay Code of Business Conduct & EthicsOur Code of Business Conduct & Ethicsshould lead team members alongthe right path when making decisionsand provide a consistent guideline forour behavior. The Code also includesresources for employees, alternativeworkforce and Board members whenthey encounter a situation wherethey need further guidance.4
eBay Code of Business Conduct & EthicsEmpowerourcommunity01Put the customer at the heartof everything we do.Create trusted experiences thatturn sellers into partners and allcustomers into enthusiasts.Be the customer.
01 Empower our community6Followingthe lawEvery action we take is in compliance with the law—andin keeping with our high ethical standards.We are accountable for ouractions, and we honor ourcommitments. Our success as acompany is driven by our sharedgoals of honest and ethical action.eBay Code of Business Conduct & EthicsReport suspected violations of the Code, eBay policies,or the law to your manager, a Business Ethics Officer orother resource available for assistance. You can emailaskethics@ebay.com; or submit an anonymous inquiry bycalling the eBay Integrity Helpline at 844-945-0216.(If you are outside North America, visit the IntegrityHelpline website for global phone numbers.)No financial targets, production numbers or otherindividual, team, or corporate goal ever justifies violatingthe law or the Code.6
01 Empower our community7Making ethicaldecisionsAlways ask:When you face difficult decisionsat eBay, take the time to thinkand consider the ethical andlegal consequences. Don’t givein to pressure and rush yourdecision. Carefully consider theimplications of your actions. Would you feel comfortable reading about your action inthe news? Is it honest and fair? Is it consistent with the law and the Code? Is it consistent with Our Beliefs? Does it make you feel good about yourself and theCompany?If you answered yes to all of these questions, chancesare that you’re probably okay to proceed. If you hesitatedin answering “yes” to even one of these questions, thenit’s best to get a second opinion from your manager or aBusiness Ethics Officer.eBay Code of Business Conduct & EthicsQ&AWhat should I do if the law conflictswith the Code?If there is a conflict between the Code andthe law, making it impossible for you tocomply with both, the law controls. In manycases, the Code standard will be stricter thanthe law requires. In these instances, followthe Code. If you have specific questions,talk to a Business Ethics Officer or emailaskethics@ebay.com.Most importantly, ask for help when you need it.7
01 Empower our community8Understandingthe importanceof speaking upIf something does not feel right, each of us should feelempowered to take action. When you see or suspectmisconduct, speak up promptly. Doing so will allowthe Company an opportunity to deal with the issue andcorrect it, ideally before it becomes a violation of law ora risk to health, security or the Company’s reputation.When you have questions or need help, we encourageyou to consult one or more of the following resources: Your manager;A culture that encourages us tovoice our opinions and concernswill help keep eBay a great placeto work. An eBay Business Ethics Officer who can helpevaluate ethics and compliance issues;eBay Code of Business Conduct & EthicsThe Integrity Helpline is available 24 hours a day, sevendays a week and is a resource for asking questions andreporting suspected misconduct or violations of thelaw or the Code. All calls to the Helpline are confidentialand can be made anonymously (where legally allowed)in your local language. Additionally, you can choose tosubmit reports online without speaking with an operator.Business Ethics Officers help evaluate and resolveethics and compliance issues. If you have anyquestion about the meaning or application of thisCode, raise it directly with a Business Ethics Officer. People Central (Human Resources); Legal; Office of Ethics & Compliance FAQs; askethics@eBay.com; or To submit an anonymous inquiry, you can do so by callingthe eBay Integrity Helpline at 844-945-0216. (If you areoutside North America, visit the Integrity Helplinewebsite for global phone numbers.)8
01 Empower our communityUnderstandingthe importanceof speaking upA culture that encourages us tovoice our opinions and concernswill help keep eBay a great placeto work.eBay Code of Business Conduct & EthicsQ&AWhat does it mean to suspectmisconduct?It means you have a good faith belief thereis a violation of the Code. Good faith doesnot mean you have to be right. It meansyou believe you are providing truthful andaccurate information about the concern youare raising. It means you are not making upfacts or taking things out of context to “geteven” with someone or just for your ownpersonal gain.9
01 Empower our community10Maintainingaccurateaccountsand recordsOur accounts and records are critical for internaldecision-making, and for reporting to governmentagencies and the market. Accurate records protectshareholders and maintain our reputation for integrity.We have an obligation to ourbusiness, stockholders andothers who rely on us to ensurethat our accounts and recordsare always complete, accurate,timely and understandable.This means that we never falsify, forge, or improperlyalter any Company document. We ensure that alltransactions are lawful, recorded in the proper account,and in accordance with all Company internal controls.All reports to regulatory authorities must be full, fair,accurate, timely and understandable.eBay Code of Business Conduct & EthicsThis requires: Properly recording all expenses made on behalf ofthe Company; Preserving all documents, including electroniccommunications such as email, messaging, and chatsrelevant to litigation, audit, examination, or imminent orongoing investigation involving the Company untilotherwise notified by Legal; and Disposing of business records that no longer need to beretained for business reasons.We all are responsible for maintaining official businessrecords in accordance with the Company’s records,management-related policies, standards and schedules.We follow our accounting policies, as defined in ourAccounting Policy Manual on the Hub, and we notifyFinance, Legal or our internal or external auditors of anypotential accounting or auditing violations.10
01 Empower our communityMaintainingaccurateaccountsand recordsWe have an obligation to ourbusiness, stockholders andothers who rely on us to ensurethat our accounts and recordsare always complete, accurate,timely and understandable.11eBay Code of Business Conduct & EthicsQ&AWhat do we consider tobe business records?Generally speaking, business records reflectthe Company’s business activities, decisionsand transactions. This not only includesmaterials created by eBay employees andcontractors, but materials produced by thirdparties on behalf of eBay. Business recordscan include reports, communications,memoranda, charts, advertisements,online content, time sheets, benefits claimforms and financial accounts, regardlessof format or where they are stored.11
01 Empower our community12Refrainingfrom insidertradingThis type of “inside” knowledge cannot be used to gainfinancial advantage when buying or selling stock orpassing this information on to others who may trade on it.In our work, we may come acrossconfidential information thatcould impact the Company’s oranother company’s stock price.Any information that has not been disclosed to thepublic and that a reasonable investor might use to buy,sell or hold stock in a company is considered to beinside knowledge or “material non-public information.”This may include: Financial announcements; Management changes; Major litigation; Purchase or sale of significant assets; Significant customer or client relationships,or product launches;eBay Code of Business Conduct & EthicsQ&AI’ve been planning to buy stock inanother company. I just found outthat eBay is planning a major jointventure with that company. Can Istill buy the stock?No. You cannot invest in this stock unlessinformation of the joint venture has beenmade public. Otherwise, you may be violatinginsider trading laws & the Code. Pleaseconsult a Business Ethics Officer wheneveryou are unsure of what’s acceptable. Anticipated mergers, acquisitions, or divestitures; Business restructurings; or New product announcements.Insider trading is against the law. For more information,refer to the Insider Trading Policy FAQs.12
01 Empower our community13Refrainingfrom insidertradingWe also don’t share material non-public informationwith family members, friends or anyone else so thatthey can trade in stock, either for themselves oron our behalf. Like insider trading, sharing materialnon-public information with others for the purposeof trading is illegal, and it will be prosecuted.You are not permitted to use or share confidentialinformation for stock trading purposes. In addition,you can’t trade eBay stock, on any trading platform,during Company-specified blackout periods.Each of us is subject to differing blackoutperiods depending on our assigned employeeclassification level.Read the eBay Insider Trading Policy to learn aboutlegal and company requirements for trading inour stock and related securities. For any questionsabout insider trading and related issues, pleasecontact Global Stock Plan Services on The Hub orconsult a Business Ethics Officer.eBay Code of Business Conduct & EthicsQ&ACan I have a relative or friend buystock in a company that we areplanning a joint venture with?No. It is considered insider trading to sharethis information with others so that they canbuy stock or even to instruct them to buystock on your behalf without sharing anyinformation about the company with whomwe will be doing a joint venture.Can I buy options to buy or selleBay stock?No. Our Insider Trading Policy prohibits youfrom buying any type of derivative eBaysecurity, such as a call or put option.13
01 Empower our community14Engaging inappropriategifting andentertainmentStrong personal and professional relationships with ourcustomers and other business partners are essentialto our success. We sometimes provide or receiveoccasional courtesies, such as reasonable entertainmentand modest gifts in the course of a business relationship,but we never allow these courtesies to affect our abilityto make objective business decisions or create theappearance that our objectivity has been compromised.Also, we avoid using gifts and entertainment as a meansto improperly influence our business partners.We never give or receiveinappropriate gifts, travelarrangements or entertainment.eBay Code of Business Conduct & EthicsWe do not accept travel or accommodations inconnection with entertainment, and we don’t accept anyentertainment that exceeds 250 (or a lower thresholdpursuant to the laws of your location) in value withoutprior approval from a Business Ethics Officer.To learn more, see our Global Anti-Corruption Standard,Gifts, Travel and Entertainment Guidelines, or talk to yourBusiness Ethics Officer.Examples of reasonable business entertainment mightinclude a meal at a restaurant or participation in acultural or sporting event, such as a regular seasonfootball game. It’s not acceptable to conduct businessentertainment at any location where one of yourcolleagues would not feel comfortable, such as an adultentertainment venue.14
01 Empower our communityEngaging inappropriategifting andentertainmentWe never give or receiveinappropriate gifts, travelarrangements or entertainment.15eBay Code of Business Conduct & EthicsQ&AI’m meeting a potential businesspartner at a conference in LasVegas. He invited me and my teamto lunch and then offered to takeus to see the new Cirque du Soleilshow. Can I accept the invitationfor lunch and the show tickets?Lunch is fine. It should be a reasonablypriced, customary business meal at whichbusiness discussions take place. The ticketsare not okay to accept. We have a 250 perperson limit in entertainment expenses, andthe show likely costs more than that.We do not accept gifts or favors that mightinfluence, or even appear to influence, ourbusiness judgment.15
01 Empower our community16Engaging inappropriategifting andentertainmentBusiness EntertainmentParticipating in reasonable business entertainment isacceptable as long as it is: Customary in scale and expense; In an appropriate setting; In furtherance of a business relationship; and Not intended, or doesn’t appear to improperly influence abusiness decision.Without approval from both your manager and aBusiness Ethics Officer (BEO), you may not exchange anyof the following business gifts: Cash or cash equivalents, such as gift cards (except eBayInc. gift cards of reasonable value), shopping vouchers, fuelcards or dining vouchers;eBay Code of Business Conduct & EthicsFeedbackforumWe ensure that there is no appearanceof improper influence when providinggifts or entertainment to others. Ifyou have any question about theappropriateness of a gift or entertainment,contact a Business Ethics Officer.All transactions with government officialsmust be properly documented andapproved by Government Relationsand the Business Ethics Office. Expensive tickets to major cultural or sporting events,such as the Olympics, World Cup, Super Bowl, major filmfestivals, Wimbledon, World Series, Stanley Cup Finals,NBA Finals or NCAA Basketball Final Four; Extravagant gifts, such as jewelry or other luxury items; Travel arrangements to attend an entertainment event; and Anything with value above the local pre-set limit.16
01 Empower our community17Avoidingbribery andcorruptionWe do business on the merits of our services and notbased on any form of bribery or unethical businesspractice. The bribery of any individual, governmentofficial or otherwise, is a serious matter which can leadto criminal sanctions and financial penalties against ourCompany and individual employees.It is illegal for any of ourbusinesses to engage in bribery.eBay Code of Business Conduct & EthicsYou must never give anything of value to any individualgovernment official, including employees of companiesin which a government has an ownership interest, withoutfirst consulting Ethics & Compliance.This includes payments, services or in-kind valuemade in order to: Get or keep business; Obtain a license or permit; Influence a customs, tax or other administrative decision; or Avoid the enforcement of any laws that may apply toour Company.Consult immediately with Legal when asked to makesuch a payment.17
01 Empower our communityAvoidingbribery andcorruptionIt is illegal for any of ourbusinesses to engage in bribery.18eBay Code of Business Conduct & EthicsQ&AA consultant we’re using in an emerging market is helping us obtain a necessary businesslicense. He asked for a cash payment that exceeds the ordinary license fee. He says thatthe extra money will be necessary to obtain the license. He’s the local expert, so I assumehe knows what’s needed. What should I be concerned about?Under these circumstances, there’s a risk that the consultant will use the money to bribe a government officialto issue the license. It is just as illegal, and wrong, to pay a bribe through an intermediary as it is to pay it yourself.The fact that he’s asked for a payment in cash raises a red flag. To minimize our legal risk, you have an obligationto ensure that the consultant obtains the license without paying a bribe. Be careful before you hire any consultantor agent to act on behalf of eBay to ensure that they are trustworthy and will not engage in corrupt activity. Beforepaying anything, consult with Legal for guidance.We never pay bribes—anywhere. It’s that simple.18
01 Empower our community19Avoidingbribery andcorruptionRemember that we may also be held responsible forthe acts of our subsidiaries, joint ventures, partners,agents and representatives. We must know ourbusiness partners and be aware of any affiliationswith government officials. Before moving forward,consult with our Legal department to help reviewcontracts and ensure that we know our agents andare comfortable with the way they do business.To minimize our risk, you need to appropriately documentany commission or finder’s fee arrangements with alegal contract that reflects industry rates and practices.eBay Code of Business Conduct & EthicsFeedbackforumA bribe can be anything of value, includingmeals and entertainment. Consult ourAnti-Corruption Standard for moreinformation. You should always check witha Business Ethics Officer or GovernmentRelations with questions about whetherentertainment events or other expensesfor government officials are permissible.If you give a permitted gift or provideentertainment to a government official, youmust report it immediately to GovernmentRelations for tracking and reporting.19
eBay Code of Business Conduct & EthicsInnovateboldly02Think big, be curious.Lead, don’t follow.Be courageous, succeedor fail, but always learn.Simplify.
0X Innovate02Section Titleboldly21CompetingPagetitlefairlyYou must be open and honest in all your dealings witheBay business partners, and you must never mislead ordeceive anyone or engage in any other form of unfairbusiness practice.Q&ACompetition laws are designed to protect consumersso that they can obtain the highest quality goods andservices at the lowest prices. We take care to avoideven the appearance of agreeing with a competitorto limit competition. You must avoid speaking withcompetitors about:I will be attending a paymentsindustry conference where alot of competitors will also bepresent. In this setting, is itacceptable to discuss prices,market opportunities or othercompetitive topics?We compete fiercely, but fairly,and in compliance with antitrust,competitionand other applicableSection descriptionlaws aimed at promoting free andopen competition. Agreements to divide customers, markets, territories orcountries; Fixing pricing or pricing policies; Noncompetitive hiring agreements; Marketing or strategic plans; and Boycotting competitors, suppliers or customers.Antitrust and competition laws are complex andviolations may carry severe consequences for theindividuals involved and the Company. So it’s importantto get guidance from Legal about the relevant laws andour policies.eBay Code of Business Conduct & EthicsNo. In these situations, you shouldbe especially sensitive to avoidcompetition-related conversations. Evenif you have to act impolitely, you shouldstop such discussions, and if necessary,remove yourself from the conversation.If you are party to these conversations,it’s best to report such incidents to amanager and Legal immediately.We innovate and compete fiercely, butwe don’t cheat.21
0X Innovate02Section genceWe gather information about eBay markets, includinginformation about our competitors and their productsand services, to advance our business. But we alwaysgather such information openly and honestly, from publicsources, and never through misrepresentation, spying,or other illegal or unethical means. Similarly, you shouldnever ask job applicants or new employees to divulge theconfidential information of current or former employers.Section descriptioneBay Code of Business Conduct & EthicsQ&AI am interviewing severalcandidates for an open position.The most promising candidatecurrently works for a competitor.Can we offer her the job?What do I need to know?Yes, we can offer her the job, but there areguidelines to follow. If the candidate willbe working for us in a job closely relatedto her job at our competitor, talk to HumanResources/People Central and Legal beforeextending the offer. The candidate may havea non-compete with her employer. And at nopoint, even after she comes to work for us,should you or any other eBay employee askthe new employee to divulge confidentialinformation relating to her former employer.22
0X Innovate02Section Titleboldly23RespectingPagetitlethe intellectualproperty ofothersSection descriptionOur obligations of confidentiality extend to third partieswho share their confidential information with us. Inparticular, we are careful to always obtain permission toreproduce or distribute books, articles, software or othercopyrighted material.eBay Code of Business Conduct & EthicsLegal can assist with obtaining the necessary rights.We protect the confidentiality of trade secrets—ours,and those of our business partners, competitors andother third parties. For more information, visit ourIntellectual Property site on the Hub.We respect the trademarks,copyrights and patents of othersand do not infringe on theirintellectual property rights.23
0X Innovate02Section TitleboldlyRespectingPagetitlethe intellectualproperty ofothersSection description24eBay Code of Business Conduct & EthicsQ&AA friend of mine sent me some interesting information about a product that his newstart-up is working on. His company has not made this information public yet, but Ithink it might be interesting to another group at eBay working on a similar idea. ShouldI pass this information along?No. The best thing to do when receiving information from third parties is to return it to them stating we do notaccept unsolicited business ideas. If you distribute the information internally and it turns out we are working onsomething similar, your friend’s company may try to claim we stole this business idea. You should also involveLegal to assist with handling business proposals.We respect the trademarks,copyrights and patents of othersand do not infringe on theirintellectual property rights.24
0X Innovate02Section Titleboldly25ContributingPagetitletoour communityWe believe in creating opportunity and making adifference in the world. We develop meaningfulconnections through our involvement with civic,charitable and philanthropic organizations.Section descriptionYou should carefully examine any requests to theCompany for charitable donations and obtain thenecessary approvals for corporate charitable gifts underthe Charitable Giving Standard. You should seek properapproval before acting as an eBay representative atany community event, donating eBay funds or makingcontributions in the name of eBay.eBay Code of Business Conduct & EthicsFeedbackforumThe eBay Foundation enriches andempowers communities by connectingpeople to opportunities and resources. TheGlobal Impact Team program promotes andmanages our individual charitable giving andvolunteerism in the communities around theworld where we have business operations.25
0X Innovate02Section Titleboldly26StewardingPagetitle ourenvironmentWe view ourselves as environmental stewards. Wehave a responsibility and a commitment to minimizeour direct and indirect impact on natural resources. Assuch, we promote sustainable commerce, implementgreen business practices within our operations andsupport environmental causes through volunteering andphilanthropy.Section descriptioneBay Code of Business Conduct & EthicsWe comply with applicable environmental laws and eBayenvironmental policies. Our respect for the environmentguides us to conserve and protect natural resources andmanage our energy usage.The eBay Global Impact Team encourages andempowers individuals to buy, sell and think greenevery day.26
eBay Code of Business Conduct & EthicsDeliverwith impact03Debate, decide, commit—thenown it. Results matter.Act with urgency.Break silos. Align to win, together.
0X itleourmarketplaceWe are committed to operating a communitymarketplace and we should take all reasonablemeasures to discourage and remove illegal content. Ifyou come across suspicious activities, including listingsand transactions that involve illegal items, you shouldcontact Legal, and/or Global Asset Protection directly.eBay Code of Business Conduct & EthicsSection description28
0X companyassets andinformationUse of Company assetsSection descriptionWe work together to protecteBay property and information.We are the guardians of eBay assets. We use eBayassets, whether money, physical or intellectual property,only for ethical and legal purposes that benefit eBay andits stockholders. We spend money only in accordancewith our Finance Policies.eBay provides us with access to Company systems andelectronic facilities to achieve our business objectives.In turn, it is our responsibility to protect these systemsand facilities by using them for appropriate businesspurposes.eBay Code of Business Conduct & EthicsWe do not use Company systems for personal activitiesthat interfere with the operation of the network orthat generate costs to eBay. We never use Companyproperty to engage in outside commercial activities,illegal activities (including illegal software downloads) orother activities that could reflect negatively on eBay.We recognize that the Company may access anyinformation stored on eBay computers and systems forlegitimate business purposes, as allowed by law.29
0X mpanyassets andinformationSection descriptionWe work together to protecteBay property and information.30eBay Code of Business Conduct & EthicsQ&ACan I use my work computer for personal email or to check my bank account balance?Yes, you may make limited personal use of Company systems, as long as doing so is legal and will notinterfere with your work or with the operation of the network, or violate our information security policies.What happens if I develop an outside invention while working at eBay?If you participate in the development of outside inventions that compete with eBay, it might create a conflictof interest. In addition, outside inventions that you participate in or help develop that relate to our existing orreasonably anticipated products and services will be subject to the Proprietary Information and InventionAssignment Agreement and employment agreements you have signed, as well as applicable laws in yourjurisdiction. If you have any questions about potential conflicts or IP ownership involving an outside inventionor other intellectual property, consult Legal or a Business Ethics Officer.30
0X companyassets andinformationReturn of Company propertyWe work together to protecteBay property and information. Confidential information about eBay, our affiliates,suppliers, customers and employees;Section descriptionWe are responsible for all Company property ordocuments issued to us. We return all such propertyand documents immediately upon request or upontermination of employment.eBay Code of Business Conduct & EthicsOuragreementsConfidential and proprietary informationeBay intellectual p
conduct our business with integrity, adhere to the highest ethical standards, eBay Code of Business Conduct & Ethics and respect our employees and our community of buyers and sellers. The eBay Code of Business Conduct & Ethics helps put Our Beliefs into practice and helps us with the decisions we make on a daily basis.
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