Burger King 2010 Annual Report Download - page 128

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 Restricted Stock 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 Restricted Stock 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.
Neither the Plan nor this Award Agreement is intended to provide for a deferral of compensation that would subject the Restricted Stock to taxation prior
to the issuance of Shares as a result of U.S. Internal Revenue Code Section 409A (“Section 409A”). Notwithstanding anything to the contrary in the Plan or
this Award Agreement, the Company reserves the right to revise this Award Agreement as it deems necessary or advisable, in its sole discretion and without
your consent, to comply with Section 409A or to otherwise avoid imposition of any additional tax or income recognition under Section 409A prior to the
actual payment of Shares pursuant to this Award. If you are subject to U.S. taxes, all Restricted Stock that you are entitled to at vesting will be issued
A−7