Burger King 2009 Annual Report Download - page 216

(i) if you receive Shares, the value of such Shares acquired upon vesting of Performance Shares may increase or decrease in value; and
(j) no claim or entitlement to compensation or damages arises from termination of this Individual Award, and no claim or entitlement to
compensation or damages shall arise from any diminution in value of the Performance Shares or Shares received upon vesting of the
Performance Shares resulting from termination of your employment by the Employer (for any reason whatsoever and whether or not in breach
of local labor laws) and you irrevocably release the Company and the Employer from any such claim that may arise; if, notwithstanding the
foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing this Award Agreement, you shall be
deemed irrevocably to have waived your entitlement to pursue such claim.
Data Privacy Notice and Consent.
You hereby explicitly and unambiguously consent to the collection, use and transfer, in electronic or other form, of your personal data as
described in this Award Agreement by and among, as applicable, the Employer, the Company, its Subsidiaries and its affiliates for the
exclusive purpose of implementing, administering and managing your participation in the Plan.
You understand that the Company and the Employer may hold certain personal information about you, including, but not limited to, your
name, home address and telephone number, date of birth, social insurance number or other identification number, salary, nationality, job title,
any shares of stock or directorships held in the Company, details of all Performance Shares or any other entitlement to Shares awarded,
canceled, vested, unvested or outstanding in your favor, for the purpose of implementing, administering and managing the Plan (“Data”). You
understand that Data may be transferred to any third parties assisting in the implementation, administration and management of the Plan, that
these recipients may be located in the Employee’s country, or elsewhere, and that the recipient’s country may have different data privacy laws
and protections than your country. You understand that you may request a list with the names and addresses of any potential recipients of the
Data by contacting your local human resources representative. You authorize the recipients to receive, possess, use, retain and transfer the
Data, in electronic or other form, for the purposes of implementing, administering and managing your participation in the Plan, including any
requisite transfer of such Data as may be required to a broker, escrow agent or other third party with whom the Shares received upon
settlement of the Performance Shares may be deposited. You understand that Data will be held only as long as is necessary to implement,
administer and manage your participation in the Plan. You understand that you may, at any time, view Data, request additional information
about the storage and processing of Data, require any necessary amendments to Data or refuse or withdraw the consents herein, in any case
without cost, by contacting in writing your local human resources representative. You understand that refusal or withdrawal of consent may
affect your ability to participate in the Plan. For more information on the consequences of your refusal to consent or withdrawal of consent,
you understand that you may contact your local human resources representative.
No Compensation Deferrals.