EX-10.03 4 flex-exx1003x9272024.htm EX-10.03 Document

展示 10.03

不。 «GrantID»
偉創力有限公司。
2017年修訂及重簽股權激勵計劃

受限制股份單位獎勵協議表格

本限制性股票單位獎勵協議(本“協議” 或“公司”協議”)根據【<<授予日期>>】訂立並由新加坡公司偉創力有限公司(本“生效日期”)之間訂立。權益代理,並且下面提到的參與者(「參與者」。本合同中未定義的大寫名詞應按照《偉創力有限公司修改及重訂2017年股權激勵計劃》(「或者為法定目的而成立的人士,其業務或活動(“法定機構”)包括對各種公共機構的員工福利計劃、養老金計劃、保險計劃開展投資基金管理;」。參與者明瞭並同意此受限制股份單位獎勵(「RSU獎勵」)乃根據計劃及本協議的明文條款和條件授予,包括本協議展示A所載的任何特定國家條款。參與者進一步同意受計劃的條款和本協議的條款約束。參與者已收取一份計劃副本和計劃的官方說明書。計劃副本和計劃的官方說明書可在公司辦公室獲得,參與者在此同意計劃副本和計劃的官方說明書視為已送交給參與者。

初級資訊

參與者:
「第一個」,「最後一個」
總目標股份:
「總目標股份」
最大股份
總目標股份的200%
贈予日期:「授予日期」
表現期間:
自2024年4月1日起至2027年3月31日止的三(3)年期間。
績效準則:
分紅取決於公司每股收益(EPS)增長,在表現期間(三年累計複利年增長率,或CAGR)之上。
績效衡量、分紅和釋股
津貼表:
根據以下圖表中設定的達成水準,津貼範圍可在目標股份的0 - 200%之間。
表現水平
年增率
每股盈利增長
得獎成就 作為
%目標
最高
> [*]%200%
低於最大值 / 高於目標
> [*]% – < [*]%
插值
目標
[*]%100%
未達標準 / 超出閾值
> [*]% – < [*]%
插值
閾值
[*]%50%
低於門檻值
< [*]%0%
支出事項:如果未達到目標股份的門檻表現,則RSU獎勵將完全被沒收。如果達到門檻表現,則相應數量的股份將確定(作為已經發行的股份)。如果適用,已發行股份的數量將根據上述支出表格,在門檻與目標之間或在目標與最大值之間,以內插的方式確定。小數百分比將四捨五入至最接近的十分之一百分點。前述描述了支出事項的一般條款,並受本協議第1.1(b)和(c)條款的約束。
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配股/釋股:在完成履約期後,委員會將認證履約期間績效標準的達成水平。 如果達到績效標準,相應數量的股務將按以下方式(作為已配股)進行配股:(i)50%將於2028年3月31日配股;和(ii)其餘50%將於2029年3月31日配股。 已配股將於上述日期後盡快(每個此類釋出日期稱為“釋放日期”)釋出。 適用的稅款扣繳和報導將取決於相應釋放日期的收盤價。 上述描述了一般條款下的配股和釋股事宜,並受本協議1.1(b)和(c)條款的約束。
每股收益相關定義和其他信息
每股盈利:每股收益代表公司的凈利潤除以公司在特定開始和結束期間按全面稀釋基礎計算的普通股加權平均數。
每股收益增長:
基本情況: EPS增長是根據公司在履約期間的EPS年增長率來確定的。 為了計算這一增長率,(i)計算EPS增長的起點應該是公司在履約期開始前一個財政年度結束時的調整后的EPS,而(ii)計算EPS增長的終點應該是該履約期內的公司EPS,顯示並截至履約期結束時的EPS。 EPS將根據非GAAP基準確定。 在計算非GAAP財務指標時,委員會應排除某些項目,以便審查公司的營運績效在期間對期間之間的可比性,因為在委員會看來,這些項目與公司的正在進行的運營績效無關。為了確保回報水平與績效一致,所有調整將需經委員會批准。
非凡項目或事件: 除了公司歷來在確定每股收益時使用的非通用會計準則以及調整外,將不計入以下項目以確定是否達到每股收益增長績效目標:對每股收益增長的影響超出預期的非凡項目或事件(例如烏克蘭衝突)、企業交易(包括收購或處分)、以及其他飛凡或非經常性項目。在進行每股收益增長評估時,將不計入歸因於企業交易(包括收購或處分)的計劃外股份回購的影響。
例子
下面的示例假設:
頒發總目標股份為45,000股(最多可達90,000股)
業績:低於最大值/高於目標EPS增長表現
EPS增長百分比:[*]%
EPS增長百分比:[*]%處於[*]%(最大表現水平)和[*]%(目標表現水平)之間,因此實現了目標股份的150%的插值收益,即67500已發行股份


1.授予RSU獎項。.
1.1 授予RSU獎項。根據計劃及本協議的條款及條件,包括本協議附件A中設定的任何特定國家條款,公司特此向參與人授予上述協議“主要資訊”部分所設定的普通股數量的RSU獎勵(“股份”).
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(a) 授予条件RSU獎項應根據上文所述的績效標準和獲授/發放的股份數目,以及發生授予/釋放。如果應用績效標準的結果導致碎股的授予,該股份應向下舍入至最接近的整數股份(即明確了解到,因應用本項下不同績效標準而導致的碎股應首先相加,然後向下取整,如適用,至最接近的整數股份)。根據績效標準授予並可發放的股份是"已發行股份.”
(b) 服務終止股票獎酬、本協議下公司的所有義務以及參與者在本協議下的權利,將於參與者的終止日期(此時,為明確起見,對於尚未實現並發放給參與者的股份,將立即沒收)或RSU獎酬所擁有的所有適用股份既已分派和發行,或在RSU獎酬的任何部分未實現時沒收的情況下,提前終止。 提供, 但是如果在履行期內,參與者違反本協議第10至13條的條款,或違反與公司或任何母公司、子公司或聯屬公司簽訂的保密協議或其他保密義務,則RSU獎酬和本協議下公司的所有義務以及參與者在本協議下的權利將立即終止。
為確保清晰,並且不管任何本協議或參與者與公司之間的任何其他協議或安排,包括公司的高級員工遣散計劃,在以下情況下,即參與者被公司解僱(i)無故解僱或(ii)因為原因正當地自行終止(如公司的高級員工遣散計劃中所定義的每一個詞),在沒有公司控制權的情況下,根據本協議,RSU獎項和公司的所有義務以及參與者在本協議下的權利將於參與者的解僱日期終止(在此時,為確保清晰,尚未授予參與者並且尚未發布的所有股份將立即被沒收)。
(c) 因死亡或殘疾而終止服務儘管本協議中任何內容相反,如果參與者因死亡或殘疾而終止服務,則(i) RSU獎項及本協議中的所有權利和義務將不會終止,並且(ii)一定數量的已發行股份將於參與者因死亡或殘疾而終止服務後盡快實施(但在(B)情況下,不得早於委員會證明履行期間的績效標準水平日期之前,而履行期間之後的死亡或殘疾終止服務,基於實際EPS增長表現。
根據本協議,「殘疾」指的是參與者因身體或精神殘疾或虛弱而無法全面履行其在公司或任何母公司、附屬公司或聯屬公司擔任的職責和責任,這種無法能夠是可以合理預期是永久的,並且持續(i)至少連續六(6)個月,或(ii)最高執行長(或執行長委員會在執行長的情況下)或最高執行長的直接報告的合理判斷期間內決定的較短期間。殘疾的判定將全權掌握在最高執行長、委員會或最高執行長的直接報告者手中,視情況而定。
(d) 艾奧特通訊及分發已取得的股份公司應該在確定股票按績效標準取得(作為艾奧特通訊)後,盡快在管理上可行的情況下分配和發行這些已發行的股票,並如本協議的"績效評估、撥股和拋售 - 撥股/拋售"部分所述,或如上述1.1(b)和(c)節中所提供,如適用。公司沒有任何義務分配和發行股票,參與者也沒有任何權利或標題,參與者未滿足績效標準前,將不會分配和發行任何股票。
(e) 無義務僱用在計劃或本協議中的任何條款均不得賦予受益人繼續受僱於公司或任何母公司、子公司或聯屬公司,或以任何方式限制公司或任何母公司、子公司或聯屬公司隨時以有或無正當理由終止受益人的僱傭或服務關係。
(f) RSU獎項的不可轉讓性根據本協議或RSU獎的條款,參與者的任何權利均不得以任何方式轉讓,除非通過遺囑或繼承和分配法律。儘管前述規定,美國的參與者可以通過贈予或國內關係訂單(而非為價值轉讓),或根據計劃允許的其他方式,將RSU獎轉讓或指定給家庭成員。本協議的條款應綁定參與者的遺囑執行人、管理人、繼承人和受讓人。



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(g) 股權的特權參與者在獲得已發行股份並在適用的授權日期後,方可享有任何股東的權利。
(h) 解釋就有關RSU獎勵及本協議條款解釋而產生之任何爭議,參與者或公司應將其提交委員會審查。委員會對此類爭議之解決結果將對公司及參與者具最終且具約束力。
1.2 股份標題標題將以參與者的個人姓名在公司的記錄中提供,除非參與者以遵守本協議條款和適用法律的方式通知股票管理處進行替代指定。
2.交付.
2.1 參與者的交付。參與者特此交付本協議給公司。
2.2 公司的交付公司將會發出經適當執行之股份證書或其他文件,證明按照本協議中第1.2條所指定之姓名的已發行股份(作為已發行股份)根據履行標準確定為已發行股份後;並且進一步在本協議中“履行標準、發放和釋放 - 發放/釋放”部分或根據第1.1(b)及(c)條的規定中上述給出,如適用; 提供 參與者已在適用的發放日期之前交付並執行本協議,並且在表現股份成為已發行股份的相關日期之前一直保持被公司、母公司、子公司或聯屬公司持續僱用。
3.遵守法律和法規. 將股份發行及轉讓給參與者,須遵守並受公司和參與者遵守所有適用要求的約束,這些要求是在公司普通股可能掛牌的任何股份交易所或自動掛牌系統可能存在的當時進行發行或轉讓。參與者明白公司無義務向美國證券交易委員會、任何州、地方或外國證券委員會或任何股份交易所註冊或合格股份以實現該合規遵循。
4.股東的權利 根據本協議的條款和條件,參與者將對已分配並發行給參與者的已取得股份享有所有公司股東的權利,直至參與者處置這些已取得股份為止。. 根據本協定的條款和條件,參與者將對已經分配並發行給參與者的已取得股份擁有所有股東對公司的權利,直到參與者處置這些已取得股份為止。
5.停止轉讓指令 .
5.1 停止轉讓指示參與者同意,為確保遵守本協議所加諸的限制,公司可能向其轉讓代理人發出適當的「停止轉讓」指示,若有的話;若公司自行管理其證券的轉讓,則可以在其自有記錄中做出相應的註記。
5.2 拒絕轉讓公司將不需要(i)在其記錄中登記已違反本協議任何條款而出售或以其他方式轉讓的股份,也不需要(ii)將這些股份的所有權人視為合法股份擁有人,或者將投票權或分紅支付給已經將這些股份轉讓給任何參與者或其他受讓人。
6.稅收和股份處置.
6.1 稅務義務.
(a) 不論公司或參與者的雇主(“雇主”)對與計劃有關的任何或所有所得稅、社會保險、工資稅、分期付款或其他涉及參與者的計劃並且法律適用的與參加計劃產生的與參與者有關的稅務相關項目(“稅務相關項目”)採取任何行動,參與者確認對所有稅務相關項目的最終責任屬於參與者自己,可能超出公司和/或雇主實際扣繳金額。參與者進一步確認,公司和/或雇主(i)就與RSU獎勵的任何方面有關的任何稅務相關項目的處理,包括但不限於,授予、取得對應RSU獎勵的已發行股份的累積權利以及隨後出售取得股份及收取任何分紅等,並未作出任何聲明或承諾;(ii)並不承諾也沒有義務結構授予條款或任何RSU獎勵的任何方面以減少或消除參與者對稅務相關項目的責任或實現任何特定稅務結果。此外,如果參與者在授予日期和任何相關應納稅事件之間成為多個司法管轄區的納稅人,參與者確認公司和/或雇主(或適用的前雇主)可能需要在多個司法管轄區扣繳或報告稅務相關項目。
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(b) 在相關應課稅或稅款扣繳事件前,受益人應支付或與公司和/或僱主達成令公司滿意的安排以滿足所有與稅務有關的款項。在此方面,受益人授權公司和/或僱主或其代理人自行選擇通過以下方式之一或組合方式來滿足與稅務有關的款項:(i) 從公司、僱主或公司的任何母公司或子公司支付給受益人的工資或其他現金補償中扣除;或 (ii) 從已取得股份的出售所得中扣除,通過自願出售或由公司安排的強制售出(代表受益人根據本授權);或 (iii) 在 RSU 獎勵發放時以股份扣減。
(c) 為了避免任何負面的會計處理,公司可能會考慮適用的最低法定扣繳金額或其他適用的扣繳率來扣抵或記錄與稅務相關的項目。如果與稅務相關的項目的義務是通過扣留股份來滿足的,就稅務而言,被授予的股份數被視為已發行予受條款的全部股份,儘管有一定數量的股份被保留,僅用於支付參與計劃的參與者所需支付的稅務相關項目。
(d) 參與者應支付任何稅務相關款項,該款項公司或僱主可能需要扣繳或註冊,因為該參與者參與計劃而不能通過本節先前描述的方式滿足。如果參與者未能遵守與稅務相關款項有關的義務,公司可以拒絕發行或交付已發行股票或出售股票的收益。
6.2 股份處置參與者請同意,除非和直到參與者符合所有適用於股份處置的本協議要求,否則參與者不得處置股份(除了本協議允許的情況)
7.授予的性質. 在接受 RSU 獎勵時,參與者承認並同意:
(a)計劃是公司自願建立的,性質上是酌情的,並且公司可以隨時修改、暫停或終止該計劃;
(b)RSU Award的授予是自願的和偶發的,並不構成任何合同上或其他方面的權利以獲得未來的RSU Award,或以RSU Award作為補償的好處,即使過去已經反复授予RSU Award。
(c)所有關於未來股票酬勞的決定,若有任何,將完全由公司酌情決定;
(d)參與者參與計劃是自願的;
(e)RSU獎項背後股票的未來價值是未知的,且無法確定預測。
(f)對於因服務終止(無論出於任何原因,不論是否違反當地勞動法規)而導致RSU獎項被註銷,不應產生任何索賠或賠償的權利或請求。作為對參與者並非應有的RSU獎項的補償,參與者不可撤銷地同意永不對公司和/或僱主提起任何訴訟,放棄參與者如有的提起此類訴訟的權利,並免除公司和/或僱主對於任何此類訴訟的責任;若儘管上述規定,該類訴訟獲得有管轄權的法院允許,則通過參與該計劃,參與者應被視為不可撤銷地同意不追隨此類訴訟,並同意簽署任何必要文件以要求駁回或撤回此等訴訟。
(g)如果參與者居住在美國以外:
(A)RSU獎項和根據計劃獲得的股份,並不旨在取代任何養老金權益或補償;
(B)RSU獎勵不是正常的或預期的薪酬,不應用於任何目的,包括但不限於計算任何解除合同、辭職、終止、裁員、勞務結束支付、解雇、獎金、長期服務獎勵、養老金或養老福利等支付,任何情況下亦不應視為對僱主、公司或任何母公司、子公司或關聯公司過去服務的補償,或與之有任何關係。
(C)若參與者終止服務(無論是否違反當地勞動法),且適用於第1.1(b)和(c)條款,則參與者根據計劃擁有的受限股票獎酬的授予權將在終止服務的日期生效終止,該委員會有權獨自判斷參與者何時不再積極提供服務以便進行此受限股票獎酬。
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8.未提供有關撥款的建議。本公司不提供任何稅務、法律或財務建議,亦不就參與計劃或銷售獲授予RSU獎的股票提出任何建議。參與者應在採取任何與計劃相關的行動之前,與其個人稅務、法律和財務顧問諮詢。
9.資料隱私.
(a)參與者特此明確且不含糊地同意,在此協議及任何其他RSU獎勵材料中描述的範圍內,雇主、公司及其母公司、子公司和聯屬公司可以以電子或其他形式收集、使用和轉移參與者的個人數據,其獨有目的在於實施、管理和處理參與者在該計劃中的參與。
(b)參與者明白公司及僱主可能持有有關參與者的某些個人信息,包括但不限於參與者的姓名、家庭地址和電話號碼、出生日期、社會保險號碼或其他識別號碼、薪資、國籍、職稱、在公司持有的任何股份或董事職位,參與者名義下所有RSU獎勵或其他股票授予相關的詳細資料,如獲獎、取消、行使、取得權益、未取得權益或尚未完成,目的僅在於實施、管理和運營計劃(「資料」)。
(c)參與者明白數據將被轉移到公司未來可能選擇的股票計劃服務提供商,以協助公司實施、管理和運作計劃。參與者了解數據的接收方可能位於美國或其他地方,接收方的國家(例如美國)的數據隱私法律和保護可能與參與者的國家不同。參與者了解他或她可以通過聯繫當地的人力資源代表要求一份名稱和地址的接收數據潛在接收方清單。參與者授權公司、公司的股票計劃服務提供商和任何其他可能協助公司(現在或將來)實施、管理和運作計劃的可能接收方,接收、持有、使用、保留和轉移數據,以電子或其他形式,僅用於實施、管理和運營他或她在計劃中的參與。參與者了解數據將僅在實施、管理和運作參加者在計劃中的參與所需的時間內保留。參與者了解他或她可以隨時查看數據,要求有關數據存儲和處理的其他信息,要求對數據進行任何必要的修訂,或拒絕或撤回本文中的同意,任何情況下均不收費,通過書面與其當地人力資源代表聯繫。然而,參與者明白,拒絕或撤回他或她的同意可能影響參與者參加計劃的能力。參與者了解拒絕同意或撤回同意的後果的更多信息,他或她可以聯繫當地的人力資源代表。
10.未披露保密信息。
(a) 參與者承認公司的業務和服務非常專業化,公司客戶、供應商和獨立承包商的身份和特定需求一般不為人知,關於公司客戶、供應商、獨立承包商、服務、作業方式、政策、程序、銷售、價格和成本的文件、記錄和資訊均為高度機密資訊並構成商業秘密。參與者進一步承認參與者向公司提供或將提供的服務具有特殊且飛凡的性質,對公司具有獨特價值,參與者已經或將會接觸到公司所有權的商業秘密和機密資訊,這些機密資訊的損失無法透過侵權訴訟得到足夠補償。
(b) 參與者同意不得使用、披露、上傳、下載、複製、轉移或刪除任何機密信息,包括商業秘密,除非在執行參與者對公司的職責時需要。機密信息指公司在其現行或計劃業務中獲得的信息,包括參與者在履行對公司職責時開發的信息,披露這些信息可能導致對公司的競爭性或其他不利影響。機密信息包括但不限於參與者已經或將要接觸到的公司所有信息,無論是口頭、書面、圖形還是可讀機器形式,包括但不限於記錄、清單、規格、操作或系統手冊、決策流程、政策、程序、配置文件、系統和管理架構、圖表、模型、素描、技術數據、研究、業務或財務信息、計劃、策略、預測、預測假設、業務實踐、市場信息和資料、客戶名稱、供應商清單、獨立承包商清單、身份或信息、專有概念、概念、專業知識、方法以及所有與公司業務和/或任何關聯公司業務有關的信息,對公司客戶、供應商、員工、獨立承包商、營運方法、商業秘密、軟體、軟體代碼、確定價格方法等。機密信息也包括公司及/或任何關聯公司可以訪問並且參與者已經或將要訪問的第三方信息。參與者不得直接或間接地從公司場所複製、取走、披露或移走任何公司的圖書、記錄、客戶清單或任何機密信息。參與者承認並瞭解,
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根據2016年的防禦商業秘密法案:個人不得根據任何聯邦或州商業秘密法對揭露商業秘密而承擔刑事或民事責任,前提是:(i)該商業秘密是(A)機密地直接或間接向聯邦、州或地方政府官員,或向律師進行的;且(B)僅用於舉報或調查懷疑違法行為;或(ii)在封存訴訟或其他訴訟程序中提交的投訴或其他文件內揭露。此外,為了報復雇主對舉報懷疑違法行為的員工而提起訴訟的個人,可以向個人的律師揭露雇主的商業秘密,在法院程序中使用商業秘密信息,前提是該個人:(i)封存包含商業秘密的任何文件;以及(ii)不揭露商業秘密,除非根據法院裁定。本協議的任何內容均不擬禁止參與者提供機密信息,就可能違法行為向政府機構或當局舉報或參與調查,或針對適用的告密者法保護的其他披露進行披露。在本條款第10條中,“公司”包括任何母公司、子公司或聯屬公司。
11.員工非拉攏條款. 第11(a)條所包含的員工非拉攏規定適用於所有參與者,而第11(b)條的規定則適用於所有參與者,但不包括加州員工。本第11條所述的「公司」包括任何母公司、子公司或聯屬公司。
(a) 在與公司的僱傭期間內,參與者不得以自己的名義或為任何個人、公司、夥伴關係、法人或其他實體(a)招攬、干涉或設法導致公司的任何員工離開公司就業;或(b)誘使或試圖誘使該等員工違反對公司的義務。
(b) 賬戶在離開與公司的雇傭關係之後的十二 (12) 個月內,不得以任何理由,或者為任何個人、公司、合夥企業、或其他實體, (a) 招攬、干涉,或試圖誘使公司的任何員工離開公司就業;或者 (b) 推薦公司的員工給公司以外的任何人,目的是讓該員工尋求、獲得,或進入一段就業關係和/或提供服務的協議;或者 (c) 誘使或試圖誘使此類員工違反他們對公司的義務。
12.客戶非招攬. 包含在第12(a)條款內的客戶非招攬條款 第12條的規定適用於所有參與者,第12(b)條款的規定則適用於所有參與者,除了加州員工。在本第12條中,“公司”包括任何母公司、子公司或聯屬公司。
(a) 在參與者與公司任職期間,參與者不得招攬、誘使或試圖誘使公司的任何過去或現有客戶(i)停止全部或部分與公司的業務往來;或(ii)與執行與公司提供的類似或競爭性服務的其他人、公司、合夥企業、股份公司或其他實體往來。
(b) 在離開公司後的十二(12)個月內,參與者無論出於自身目的還是代表他人,不得直接或透過他人就業務的非洲客戶(以下定義)進行招攬、誘使或試圖誘使該客戶終止、減少或負面改變與公司的關係,或與競爭公司(以下定義)交易。本第12條描述之契約範圍應包括參與者在美國任職和為公司提供服務的城市、縣市或州以及參與者工作過和/或向公司提供服務的其他城市、領土、國家或司法管轄區。根據本第12條的規定,“客戶”指任何在參與者就業的最後兩(2)年內或在參與者離職時是公司客戶的人、公司或實體;或在參與者離職前兩(2)年內曾與公司進行與購買該公司服務或產品相關的積極洽談的人、公司。 “客戶”不包括參與者在最後兩(2)年內未招攬、服務或涉及業務往來或接收該公司機密信息的客戶。
13.禁止競爭. 第13條中包含的不競爭條款適用於所有參與者,除了加州雇員。 在本第13條中,“公司”包括任何母公司、子公司或聯屬公司。
在參與者與公司的雇傭關係因任何原因終止之日起的十二(12)個月內,參與者同意不得無論是參與者還是公司發起終止,提供與參與者為公司執行的工作功能或目的相同或相似的業務給競爭公司在受限區域內(下文所定);(B)擁有(不包括擁有公開交易公司不多於五分之一(5%)的股份)或經營與公司競爭的業務;或(C)提供否則可能導致使用或披露公司機密信息的服務。
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一家「競爭對手公司」是指從事提供與公司產品或服務競爭的產品或服務的個人或實體,對於這些產品和服務,參與者在最後兩(2)年內(a)涉及業務或(b)收到與公司相關的機密信息。
「受限區域」指參與者根據其對Flex的責任和對公司的機密信息、客戶、客戶、商業夥伴、經銷商和代理商之間的良好關係的知識所具有的合法競爭關注範圍。如果參與者是或曾經是具有明確地理責任的員工,受限區域將包括參與者在與公司雇用關係的最後兩(2)年內分配責任的所有地理區域。
14.額外的離職後限制性契約條款.
(a) 考慮因素參與者承認,若非同意遵守其非揭露、非招攬和非競爭(簡稱「離職後限制契約」)條款,將不會獲得本協議所提供的利益和考慮,而參與者同意遵守離職後限制契約是本協議考慮的重要組成部分。參與者了解自己有權在簽署前就本協議的條款與律師協商,並且已有至少14天來審查本協議。
(b) 隨後就業參與者同意,在受僱於公司期間及此後十二(12)個月內,參與者將向任何參與者打算受僱、聯繫或代表的個人、公司、協會、合夥企業或其他實體傳達離職後限制契約的條款,或與之簽訂合同,在接受並從事此等雇用、合同、聯繫和/或代表之前。
(c) 暫停參與者同意,在任何違反『離職後限制性契約』條款的情況下以及執行這些條款的任何法律程序的期間內,相應的限制期間應被暫停和中止;而所有屬於或受到此等暫停和中止影響的時間均不計入限制期間的12個月長度。
(d) 合理且必要的參與者同意,在第11、12和13條中所載的離職後限制約束是為了保護公司的合法業務利益而是合理且必要的,它們不會比保護公司的商譽或其他業務利益更加壓抑,它們會包含合理的限制,以限制被禁止的活動的時間和範圍,它們不會過度限制參與者的賺取生計能力,也不會對參與者構成過度負擔。
(e) 司法修改如果設定在第11、12或13條中的任何限制被有管轄權的法院認定無法執行,因為它涵蓋的期間太長或範圍涉及的活動太廣或地理範圍太廣,則應該被解釋為僅適用於可能被執行的最長期間、活動範圍或地理區域。
(f) 非美國特定國家條款。第12條和第13條中包含的限制對參與者不適用,如果參與者在要求實施繼續支付的條件下工作並居住在一個國家,除非公司告知參與者將提供此等支付,該支付應適用適用法律所要求的最低金額。
15.繼承人和受讓人. 公司可以將本協議下的任何權利轉讓。本協議將對公司的繼受人和受讓人具有約束力。在本協議和計畫中關於轉讓的限制下,本協議將對參與者及參與者的繼承人、執行人、管理人、 法定代表人、繼受人具有約束力。
16.適用法律; 審判地點; 可分割性. 本協議將受您居住之州內部法律管轄及解釋,不包括與法律衝突相關的法律。為了訴訟由RSU獎項或本協議所證明的雙方關係直接或間接產生的任何爭議,雙方特此遞交並同意接受您居住之州的專屬管轄權,並同意此訴訟僅在您居住之州的適用聯邦法院中進行,或者如果聯邦法院無法裁決該問題,則在您居住之州的州法院進行。如果此協議的任何條款被法院判定為非法或無法強制執行,則該條款將盡可能得到執行,其他條款將保持完全有效和可強制執行。
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17.通知. 任何須通知公司的通知應以書面形式,並寄送至公司位於加利福尼亞州密爾皮塔斯847號吉布拉塔大道財務副總裁。須通知參與者的通知應以書面形式,並寄送至參與者在簽名頁上指示的地址,或者參與者不時以書面向公司指定的其他地址。所有通知應在親自遞送後被視為有效,或通過掛號郵寄美國郵政服務三(3)天後生效(要求回執),或掛號快遞交付(預付)後一(1)個工作日生效,或在傳真變速器傳送後一(1)個工作日生效。
18.標題. 本協議中的標題及標題僅供參考,並不影響對本協議的解釋或解釋。本協議中所有對章節的參考均指本協議的章節。
19.語言. 如果參與者收到此協議或與計劃相關的任何其他文件的翻譯不是英文,並且翻譯版本的含義與英文版本不同,則以英文版本為準。
20.電子交付公司可能自行酌情選擇以電子方式交付與計劃中目前或未來參與有關的任何文件。參與者特此同意通過電子交付接收此類文件,並同意通過公司設立並維護的在線或電子系統或由公司指定的第三方參與該計劃。
21.展品儘管本協議中可能有相反之規定,但RSU獎勵將受制於本協議附件A所載之受益人國家的任何特殊條款和規定。此外,若受益人遷居至附件A所列國家之一,則該國家的特殊條款和條件將適用於受益人,只要公司確定適用該等條款和條件乃為遵守當地法律或促進計畫管理之必要或適當。毋庸置疑,附件A和附件B均為本協議之一部分。
22.代碼第409A條款。關於美國納稅人,RSU獎項的條款旨在遵守稅收法典第409A條及相關財政部法規,以免使參與者不必支付額外的稅款和利息。本協議將被解釋、執行和管理,以符合此意圖。為實現此意圖,董事會可以對本協議採取修改或採用其他政策和程序(包括具有追溯效應的修改、政策和程序),或採取任何董事會認為合理、必要或適當的行動,而無需參與者的同意,以符合稅收法典第409A條及相關美國財政部指導的要求。在這種情況下,公司並不保證確保旨在豁免或符合稅收法典第409A條的RSU獎項確實免除或符合該條款,或就董事會就該事項所採取的任何行動作出任何陳述或承諾。
23.其他要求的實施公司保留根據遵守當地法律或促進計畫管理實施的必要性或適當性而對參與者在計畫中、RSU獎項以及計畫下取得的任何股份實施其他要求的權利,並要求參與者簽署可能為完成上述所需的任何其他協議或承諾。
24.補救措施. 除了公司本來可以恢復的所有救濟外,公司應有權拿到禁制令以制止和禁止對本協議第10、11、12和13條的任何實際或潛在違反。參與者進一步同意,在第10、11、12和/或13條有違反情況下,(a) 公司將有權根據法律或衡平法得到所有救濟,包括但不限於金錢損害賠償;(b) 公司將有權要求參與者提供所有受益、報酬、佣金、酬金或利益之賬目和償還,該償還是因參與者直接或間接實現或可能實現任何違反職后限制協議的行為而發生,該救濟將不排除公司根據法律或衡平法有權享有的禁制令或其他權利或救濟。對於本協議之違反,公司的所有救濟措施將是累加的,採取一項救濟措施將不被認定為排除其他救濟措施。
25.完整協議;追索.
(a) 該計劃及本協議,以及其所有附件,構成雙方就本協議的主題事項所達成的完整協議和理解,並取代雙方先前就本特定主題事項所達成的所有口頭或書面理解和協議。

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(b) 為了考慮向參與者授予RSU獎,儘管本協議中有任何相反之處,(i) RSU獎將受到取消的條件約束,並且(ii) 根據RSU獎發行的股份或支付將受到收回、追回和/或回籠的約束,每種情況,(x) 依照計畫第14.16條的規定,根據公司採納或修改(或已經採納或修改)的任何追回或類似政策,或者(y) 根據適用法律或任何這些股份可能掛牌交易所的任何適用規定的要求。
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證明如下:特此证明,本协议自生效日期起生效。

偉創力有限公司。
參與者
作者:作者:
名字:名字:
職稱:
地址
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偉創力有限公司。修訂及重新訂立2017年股權激勵計劃

展品A附件
受限股份單位獎章約定
非美國參與者
條款和條件
本附件A包含額外條款和條件,規範計劃下授予參與者的RSU獎項,若參與者居住在以下列國家之一。在本附件A中使用但未定義的特定大寫用語,該用語含義列於計劃和(或)協議中。
通知
本附件A還包括有關交易所管制和參與者應當了解的其他問題的資訊。該資訊基於2023年7月各國有效的證券、外匯管制和其他法律。這些法律通常復雜且經常更改。因此,公司強烈建議參與者不要僅依賴本附件A中的資訊作為與參与者在計畫中參與的後果相關的唯一來源,因為在RSU授予生效並向參與者發放股份或參與者出售根據計畫授予RSU獲得的股份時,該資訊可能已過時。
此外,本文件所載資料屬一般性質,可能不適用於參加者個別情況,且公司無法保證參加者能得到特定結果。因此,建議參加者尋求適當的專業建議(包括明確法律和稅務建議),了解參加者所在國家的相關法律、法規、指導方針或任何其他相似規則如何適用於其情況。
Finally, if the Participant is a citizen or resident of a country other than the one in which he or she is currently working or transfers employment after the Date of Grant, the information contained herein may not be applicable to the Participant.

PART 1 – LOCAL TERMS AND CONDITIONS
AUSTRIA
Notifications
Exchange Control Information. If the Participant holds Shares acquired under the Plan outside of Austria, the Participant must submit a report to the Austrian National Bank. An exemption applies if the value of the Shares as of any given quarter does not exceed €5,000,000. If the threshold is exceeded, quarterly obligations are imposed, with the reporting deadline being the fifteenth day of the month immediately following the end of a calendar quarter.
When the Participant sells Vested Shares issued under the Plan, there may be exchange control obligations if the cash received is held outside of Austria. If the transaction volume of all the Participant’s accounts abroad exceeds €3,000,000, the movements and balances of all accounts must be reported monthly, as of the last day of the month, on or before the fifteenth day of the following month.
Consumer Protection Information. To the extent that the provisions of the Austrian Consumer Protection Act are applicable to the Agreement and the Plan, the Participant may be entitled to revoke his or her acceptance of the Agreement if the conditions listed below are met:
If the Participant accepts the RSU Award outside of the business premises of the Company, the Participant may be entitled to revoke his or her acceptance of the Agreement, provided the revocation is made within fourteen days after the Participant accepts the Agreement.
The revocation must be in written form to be valid. It is sufficient if the Participant returns the Agreement to the Company or the Company’s representative with language that can be understood as the Participant’s refusal to conclude or honor the Agreement, provided the revocation is sent within the period set forth above.
BRAZIL
Terms and Conditions
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This provision replaces Section 9 of the Agreement:
The Participant understands that the Company may hold certain personal information about the Participant, including, but not limited to, the Participant’s name, home address and telephone number, date of birth, social insurance or other identification number, salary, nationality, job title, any Shares or directorships held in the Company or any Parent, Subsidiary or Affiliate, details of all RSU Awards or any other entitlement to Shares awarded, canceled, exercised, vested, unvested or outstanding in the Participant’s favor, and that the Company will process said data and other data lawfully received from any third party (“Personal Data”) for the exclusive purpose of managing and administering the Plan and complying with applicable laws and regulations. The Participant also understands that providing the Company with Personal Data is mandatory for compliance with laws and is necessary for the performance of the Plan and that the Participant’s refusal to provide Personal Data would make it impossible for the Company to perform its contractual obligations and may affect the Participant’s ability to participate in the Plan. Personal Data may be transferred to relevant parties for the purposes of managing the Plan, such as banks, other financial institutions or brokers involved in the management and administration of the Plan. More specifically, the Participant further understands that the Company and any Parent, Subsidiary or Affiliate will transfer Personal Data amongst themselves as necessary for the purpose of implementation, administration and management of the Participant’s participation in the Plan, and that the Company and any Parent, Subsidiary or Affiliate may each further transfer Personal Data to third parties assisting the Company in the implementation, administration and management of the Plan, including any requisite transfer of Personal Data to a broker or other third party with whom the Participant may elect to deposit any Vested Shares acquired under the Plan or any proceeds from the sale of such Shares. Such recipients may receive, possess, use, retain and transfer Personal Data in electronic or other form, for the purposes of implementing, administering and managing the Participant’s participation in the Plan. The Participant understands that these recipients may be acting as controllers or processors, as the case may be, according to applicable privacy laws, and that they may be located in or outside Brazil, such as in the United States and/or Singapore or elsewhere, in countries that may provide a different level of data protection as intended under Brazilian privacy law.
Participants can exercise their rights over their Personal Data at any time. The rights include access to their Personal Data, rectification of outdated Personal Data, information on the sharing of Personal Data with third parties, among others. Further information on how the Company processes Personal Data and how to contact the Company in case of doubts or requests are set out in the Company’s privacy notice, which is available at: https://flex.com/company/policies/privacy-policy.
Notifications
Compliance with Law. By accepting the RSU Award, the Participant acknowledges his or her agreement to comply with applicable Brazilian laws and to pay any and all applicable taxes (including, but not limited to, income tax, social security contributions, capital gains taxes and foreign exchange taxes) associated with the RSU Award, the receipt of any dividends, and the sale of Vested Shares issued under the Plan.
Exchange Control Reporting Information. If the Participant is a resident or domiciled in Brazil, he or she will be required to submit an annual declaration of assets and rights held outside of Brazil to the Central Bank of Brazil if the aggregate value of such assets and rights (i.e., the Shares individually and/or together with any other assets or rights) is equal to or greater than US$1,000,000 (approximately BRL4,800,000 as of July 2023) as verified on December 31st of any given calendar year. Additionally, if said aggregate value of assets and rights held abroad by the Participant is equal to or greater than US$ 100,000,000 or its equivalent in other currencies (approximately BRL 480,000,000 as of July 2023), as verified on March 31st, June 30th and/or September 30th of any given calendar year, he or she will be required to submit one or more quarterly declarations to the Central Bank of Brazil, as applicable according to the dates and times defined by such authority. Foreign individuals holding Brazilian visas and residency authorizations are considered Brazilian residents for purposes of this reporting requirement and must declare at least the assets held abroad that were acquired subsequent to the Participant’s date of admittance as a resident of Brazil. Assets and rights that must be reported include Shares issued upon vesting of the RSU Award under the Plan.

Tax Reporting Information. Assets and rights held by the Participant (including the Shares) must also be declared and described in his or her annual individual income tax return in the section “Bens e Direitos”, subsections “Situação em 12.31.«year»” and “Discriminação”.
Risk Factor. By accepting this RSU Award, the Participant hereby represents and acknowledges that investment in the Shares underlying the RSU Award involves a degree of risk. If the Participant elects to participate in the Plan, the Participant should monitor their participation and consider all risk factors relevant to the vesting or delivery of the Shares acquired upon vesting of the RSU Award.
CANADA
Terms and Conditions
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French Language Provision. The following provision will apply if the Participant is a resident of Quebec:
The parties acknowledge that it is their express wish that the Agreement, as well as all documents, notices and legal proceedings entered into, given or instituted pursuant hereto or relating directly or indirectly hereto, be drawn up in English.
Les parties reconnaissent avoir exigé la rédaction en anglais de cette convention, ainsi que de tous documents, avis et procédures judiciaires, exécutés, donnés ou intentés en vertu de, ou liés directement ou indirectement à, la présente convention.
Termination of Service. This provision supplements Section 1.1(c) of the Agreement:
In the event of involuntary Termination of Service (whether or not in breach of local labor laws), the Participant’s right to receive and vest in the RSU Award under the Plan, if any, will terminate effective as of the date that is the earlier of: (1) the date the Participant receives notice of Termination of Service from the Company or the Employer, or (2) the date the Participant is no longer actively providing service by the Company or his or her Employer regardless of any notice period or period of pay in lieu of such notice required under local law (including, but not limited to, statutory law, regulatory law and/or common law); the Committee shall have the exclusive discretion to determine when the Participant no longer actively providing service for purposes of the RSU Award.
Data Privacy. This provision supplements Section 9 of the Agreement:
The Participant hereby authorizes the Company and the Company’s representatives to discuss with and obtain all relevant information from all personnel, professional or not, involved in the administration and operation of the Plan. The Participant further authorizes the Company, any Parent, Subsidiary or Affiliate and the Committee to disclose and discuss the Plan with their advisors. The Participant further authorizes the Company and any Parent, Subsidiary or Affiliate to record such information and to keep such information in the Participant’s employee file.
Notifications
Grant of RSU Award. The RSU Award does not constitute compensation nor is in any way related to the Participant’s past services and/or employment to the Company, the Employer, and/or a Parent, Subsidiary or Affiliate of the Company.
CHINA
Terms and Conditions
Issuance of Vested Shares and Sale of Shares. This provision supplements Section 1.1(d) of the Agreement:
Due to local regulatory requirements, upon the vesting of the RSU Award, the Participant agrees to the immediate sale of any Vested Shares to be issued to the Participant upon vesting and settlement of the RSU Award. The Participant further agrees that the Company is authorized to instruct its designated broker to assist with the mandatory sale of such Vested Shares (on the Participant’s behalf pursuant to this authorization) and the Participant expressly authorizes the Company’s designated broker to complete the sale of such Vested Shares. The Participant acknowledges that the Company’s designated broker is under no obligation to arrange for the sale of the Vested Shares at any particular price. Upon the sale of the Vested Shares, the Company agrees to pay the Participant the cash proceeds from the sale, less any brokerage fees or commissions and subject to any obligation to satisfy Tax-Related Items.
Exchange Control Requirements. The Participant understands and agrees that, pursuant to local exchange control requirements, the Participant will be required to immediately repatriate the cash proceeds from the sale of Vested Shares underlying the RSU Award to China. The Participant further understands that, under local law, such repatriation of his or her cash proceeds may need to be effectuated through a special exchange control account established by the Company, any Parent, Subsidiary, Affiliate or the Employer, and the Participant hereby consents and agrees that any proceeds from the sale of Vested Shares may be transferred to such special account prior to being delivered to the Participant. The Company is under no obligation to secure any exchange conversion rate, and the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant agrees to bear any currency fluctuation risk between the time the Vested Shares are sold and the time the sale proceeds are distributed through any such special exchange account. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. These requirements will not apply to non-PRC citizens.
Administration. The Company and its Parent, Subsidiary, Affiliate or the Employer shall not be liable for any costs, fees, lost interest or dividends or other losses the Participant may incur or suffer resulting from the enforcement of the terms of this Exhibit A or otherwise from the Company’s operation and enforcement of the Plan and the Agreement in accordance with the PRC law including, without limitation, any applicable local exchange control rules, regulations and requirements.
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Data Privacy
(a)Data Collection and Usage. The Company collects, processes and uses personal data about the Participant, including but not limited to, the Participant’s name, home address, email address and telephone number, date of birth, social insurance number, passport or other identification number, salary, nationality, job title, any shares or directorships held in the Company, details of all awards, rights or any other entitlement to shares awarded, canceled, exercised, vested, unvested or outstanding in the Participant’s favor, which the Company receives from the Participant or the Employer. In order for the Participant to participate in the Plan, the Company will collect his or her personal data for purposes of allocating Vested Shares and implementing, administering and managing the Plan. The Company’s legal basis for the processing of the Participant’s personal data is based on the Participant’s consent, the necessity for Company’s performance of its obligations under the Plan and pursuant to the Company’s legitimate business interests, and the Participant hereby confirms and agrees that the Company shall be entitled to collect, process, use and cross-border transfer such personal data for the purpose of implementation of the Plan.
(b)Stock Plan Administration and Service Providers. The Company may transfer the Participant’s data to one or more third party stock plan service providers based in the U.S. and/or Singapore, which may assist the Company with the implementation, administration and management of the Plan. Such service provider(s) may open an account for the Participant to receive and trade Vested Shares. The Participant may be asked to acknowledge, or agree to, separate terms and data processing practices with the service provider(s).
(c)International Data Transfers. The Participant’s personal data will be transferred from the Participant’s country to the U.S. and/or Singapore, where the Company is based, and may be further transferred by the Company to the U.S. and/Singapore, where its service providers are based.
(d)Data Retention. The Company will use the Participant’s personal data only as long as necessary to implement, administer and manage the Participant’s participation in the Plan or as required to comply with legal or regulatory obligations, including under tax and securities laws. When the Company no longer needs the Participant’s personal data, which will generally be ten (10) years after the Participant participates in the Plan, the Company will delete such data, or make data anonymize such data on its systems. If the Company keeps the data longer, it would be to satisfy any applicable legal or regulatory obligations.
(e)(Data Subject Rights. The Participant understands that he or she may have a number of rights under data privacy laws in China. Subject to the applicable data protection laws and regulations in China, as updated from time to time, such rights may include the right to (i) request access or copies of personal data processed by the Company, (ii) rectification of incorrect data, (iii) deletion of data, (iv) restrictions or reject on processing of data, (v) portability of data, (vi) lodge complaints with competent authorities in the Participant’s jurisdiction, (vii) request for an explanation on the data processing rules, and/or (viii) receive a list with the names and addresses of any potential recipients of the Participant’s personal data. To receive clarification regarding these rights or to exercise these rights, the Participant can contact his or her local human resources department.
CZECH REPUBLIC
Notifications
Exchange Control Information. If the Czech National Bank notifies the Participant that he/she is considered by the Czech National Bank as a statistically significant reporting person for the purpose of the balance of payments statistics, the Participant will need to file a notification to the Czech National Bank on an annual basis regarding the Shares held by such Participant.
DENMARK
Notifications
Danish Stock Options Act. The Participant will receive an Employer Statement pursuant to the Danish Act on Stock Options.
Exchange Control/Tax Reporting Information. The Danish Tax Administration automatically receives information about brokerage accounts held with brokers or banks outside Denmark. As the Danish Tax Administration does not necessarily receive information about transactions made on foreign brokerage accounts on an ongoing basis, the numbers which appear in the Danish Tax Administration’s e-self-service, TastSelv, may not be correct. The Participant has a duty to control the numbers in TastSelv no later than 1 July following the expiration of the foregoing income year. In the event the numbers are not correct, the Participant shall before 1 July correct and submit the correct numbers in the Danish Tax Administration’s e-self-service, TastSelv. In addition, the Participant shall contact the Danish Tax Administration and inform them about the following: (i) the
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name of the Shares purchased or sold, (ii) the number of Shares purchased or sold, (iii) the time the Shares were purchased or sold, (iv) the price per Share and (v) the total price paid for the Shares, including transaction costs, if any.
The Participant shall send the transaction information via the contact formula in the e-self-service, TastSelv, with documentation in the form of account statements from the broker or bank to be included.
FINLAND
Employee Non-Solicitation, Customer Non-Solicitation and Non-Compete. This provision supplements Sections 11, 12 and 13 of the Agreement:
The Participant acknowledges and agrees that After Employment Employee Non-Solicitation, Customer Non-Solicitation and Non-Compete obligations are not considered Post-Employment Non-Compete Agreements under the Finnish Employment Contracts Act and, therefore, the Participant is not entitled to any additional compensation for these obligations.
Nature of Grant. This provision supplements Section 7(f) of the Agreement:
Notwithstanding the above, the Participant has the right to make claims against the Employer on any matters relating to the possible employment relationship, unless otherwise agreed between the Employer and the Participant after the termination of employment.
FRANCE
Term and Conditions
Language Consent. By accepting the RSU Award, the Participant confirms having read and understood the documents relating to this grant (the Plan, the Agreement and this Exhibit A) which were provided in English language. The Participant accepts the terms of those documents accordingly.
En acceptant l’attribution, vous confirmez ainsi avoir lu et compris les documents relatifs à cette attribution (le Plan, le contrat et cette Annexe) qui ont été communiqués en langue anglaise. Vous acceptez les termes en connaissance de cause.
Nature of Grant. By accepting the RSU Award, the Participant acknowledges and agrees that, as provided for under the Plan and Agreement provisions, the grant of the RSU Award is discretionary in nature by the Company and as such may be amended, suspended or terminated by the Company at any time. It does not create any claim or entitlement to compensation or damages under the French employment agreement signed between the Participant and the Employer.
Non-Qualified status of the RSU Award. The RSU Award is not intended to qualify for the special tax and social security treatment in France applicable to shares granted for no consideration under Sections L. 225-197-1 to L 225-197-5 and Sections L. 22-10-59 and L. 22-10-60 of the French Commercial Code, as amended.
Foreign Account Reporting Notification. The Participant must report annually any shares and bank accounts he/she holds outside France, including the accounts that were opened, held, used and/or closed during the tax year, to the French tax authorities, on an annual basis on a special Form N° 3916, together with his/her personal income tax return. This specific reporting obligation applies also to securities accounts opened for the purpose of the grant of the RSU Award. Failure to report triggers a significant penalty.
GERMANY
Notifications
Exchange Control Notification. Cross-border payments in excess of €12,500 must be reported on a monthly basis. If the Participant makes or receives a payment in excess of this amount, the Participant must report the payment to Bundesbank electronically using the “General Statistics Reporting Portal” (“Allgemeines Meldeportal Statistik”) available via Bundesbank’s website (www.bundesbank.de). If the Participant uses a German bank to effect a cross-border payment in excess of €12,500 in connection with the sale of Shares acquired under the Plan, the bank will make the report for the Participant. In addition, the Participant must report any (i) receivables or (ii) payables vis-à-vis foreigners exceeding in each case of (i) and (ii) a total amount of €5,000,000 at the end of the relevant calendar month. Finally, the Participant must report Shares on an annual basis in case the Participant holds at least 10% of the Shares or the total voting rights of the Company.
Foreign Asset/Account Reporting Notification. If the acquisition of Shares in the Company under the Plan leads to a so-called “qualified participation” at any point during the calendar year, the Participant will need to report the acquisition when filing the tax return for the relevant year (at the latest 14 months after the end of such calendar year). A “qualified participation” is attained if (i) the acquisition costs of all participations in the Company exceed €150,000 (if the Participant owns 1% or more of the
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Company’s nominal share capital) or (ii) the participant holds Shares exceeding 10% of the nominal share capital of the Company.
Terms and Conditions
Tax Obligations. The following provisions supplement the “Vesting / Release” definition of the Agreement:
The applicable tax withholding and reporting shall be contingent on the closing prices of the Shares on the Release Date (Zuflusszeitpunkt). The 20-Day Closing Price Average shall be disregarded for the Participant.
HONG KONG
Terms and Conditions
Warning: The RSU Award and Shares acquired upon vesting of the RSU Award do not constitute a public offering of securities under Hong Kong law and are available only to employees of the Company, its Parent, Subsidiary or Affiliates. The Agreement, including this Exhibit A, the Plan and other incidental communication materials have not been prepared in accordance with and are not intended to constitute a “prospectus” for a public offering of securities under the applicable securities legislation in Hong Kong. Nor have the documents been reviewed by any regulatory authority in Hong Kong. The RSU Award is intended only for the personal use of each eligible Employee of the Employer, the Company or any Parent, Subsidiary or Affiliate and may not be distributed to any other person.
Sale Restriction. Notwithstanding anything contrary in the Notice, the Agreement or the Plan, in the event the Participant’s RSU Award vests such that Vested Shares are issued to the Participant or his or her heirs and representatives within six months of the Date of Grant, the Participant agrees that the Participant or his or her heirs and representatives will not dispose of any Vested Shares acquired prior to the six-month anniversary of the Date of Grant.
Notifications
Nature of Scheme. The Company specifically intends that the Plan will not be an occupational retirement scheme for purposes of the Occupational Retirement Schemes Ordinance.
HUNGARY
A.IF THE PARTICIPANT IS AN EMPLOYEE
Terms and Conditions
Employment related provisions. The Employer’s prior consent is required for the delivery of the Agreement between the Participant and the Company or any Parent, Subsidiary or Affiliate if it is not the Employer of the Participant.
Section 13 of the Agreement shall not be deemed as a non-compete agreement under Hungarian labour law; it is considered as a non-compete agreement concluded between the Company or any Parent, Subsidiary or Affiliate and the Participant on a contractual basis.
INDIA
Notifications
Exchange Control Information. The Participant must repatriate the proceeds from the sale of Vested Shares acquired under the Plan within 180 days after receipt. The Participant must maintain the foreign inward remittance certificate received from the bank where the foreign currency is deposited in the event that the Reserve Bank of India or the Employer requests proof of repatriation. It is the Participant’s responsibility to comply with applicable exchange control laws in India. This only applies to a Participant who qualifies as a person resident in India under the Indian foreign exchange laws.
Additionally, the Participant must inform their Employer of any divestment made by them in relation to the Vested Shares within 7 days of undertaking such divestment. This is to enable the Indian Employer to undertake the mandatory reporting of the investment and divestment made by the Participant(s) to the Reserve Bank in India in Form OPI.
Foreign Asset / Account Reporting Information. The Participant is required to declare any foreign bank accounts and any foreign financial assets (which includes Vested Shares held in the Participant’s offshore brokerage account) in the Participant’s annual tax return. It is the Participant’s responsibility to comply with this reporting obligation. Additionally, upon the event of any income arising to the Participant out of the Vested Shares, the Participant will be obligated to report such income in his / her annual tax return. This only applies to a Participant who is an ordinary resident of India under Indian tax law.
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IRELAND
Terms and Conditions
Data Privacy: Section 9 of the Agreement is replaced by the following:
(a)The Employer or as the case may be the Company, its Parent, a Subsidiary or an Affiliate will collect, use and transfer as required among the aforementioned parties, in electronic or other form, the Participant’s personal data as described in this Agreement and any other RSU Award materials for the exclusive purpose of implementing, administering and managing the Participant’s participation in the Plan.
(b)The Participant understands that the Company and the Employer may hold certain personal information about the Participant, including, but not limited to, the Participant’s name, home address and telephone number, date of birth, social insurance number or other identification number, salary, nationality, job title, any Shares or directorships held in the Company, details of all RSU Awards or any other entitlement to Shares awarded, canceled, exercised, vested, unvested or outstanding in the Participant’s favor, for the exclusive purpose of implementing, administering and managing the Plan (“Data”).
(c)The Participant understands that Data will be transferred to the Company stock plan service provider as may be selected by the Company in the future, which is assisting the Company with the implementation, administration and management of the Plan. The Participant understands that the recipients of the Data may be located in the United States, Singapore or elsewhere, and that the recipients’ country (e.g., the United States or Singapore) may have different data privacy laws and protections from the Participant’s country. The Participant understands that he or she may request a list with the names and addresses of any potential recipients of the Data by contacting his or her local human resources representative. The Participant authorizes the Company, the Company stock plan service provider and any other possible recipients which may assist the Company (presently or in the future) with implementing, administering and managing the Plan to receive, possess, use, retain and transfer the Data, in electronic or other form, for the sole purpose of implementing, administering and managing his or her participation in the Plan. The Participant understands that Data will be held only as long as is necessary to implement, administer and manage the Participant’s participation in the Plan. The Participant understands that he or she may, at any time, view Data, request additional information about the storage and processing of Data, require any necessary amendments to Data or object to the processing of Data, in any case without cost, by contacting in writing his or her local human resources representative. The Participant understands, however, that objecting to processing of Data may affect the Participant’s ability to participate in the Plan. For more information on the consequences of an objection, the Participant understands that he or she may contact his or her local human resources representative.
Notifications
Director Notification Obligation. Directors, shadow directors and secretaries of the Company’s Irish Subsidiary or Affiliate are subject to certain notification requirements under the Irish Companies Act. Directors, shadow directors and secretaries must notify the Irish Subsidiary or Affiliate in writing of their interest in the Company and the number and class of Shares or rights to which the interest relates within five days of the issuance or disposal of Shares or within five days of becoming aware of the event giving rise to the notification. This disclosure requirement also applies to any rights or Shares acquired by the director’s spouse or children (under the age of 18).
Reporting Obligations to the Irish Revenue Commissioners. The Company and/or the Employer have certain mandatory reporting obligations to the Irish Revenue Commissioners in relation to the operation of the Agreement and the Plan. The Participant acknowledges this obligation and agrees that the Company and/or the Employer may share certain information in relation to the RSU Reward and Vested Shares with the Irish Revenue Commissioners to satisfy this obligation.
ISRAEL
Israeli Sub-Plan. The RSU Award is also subject to the Sub-Plan for Israeli Participants (the “Israeli Sub-Plan”) which is considered as a part of the Plan. The terms used herein shall have the meaning ascribed to them in the Plan or Israeli Sub-Plan. In the event of any conflict, whether explicit or implied, between the provisions of the Agreement and the Israeli Sub-Plan, the provisions set out in the Israeli Sub-Plan shall prevail. By accepting this RSU Award, the Participant acknowledges that a copy of the Israeli Sub-Plan has been provided to the Participant and agreed to the terms of such Israeli Sub-Plan.
Designation. If the Participant is an employee of an Employer, the RSU Award will be subject to the trustee capital gain tax treatment in accordance with the provisions of Section 102(b)(2) and 102(b)(3)of the Israeli Income Tax Ordinance [New Version], 5721-1961 (“Section 102” and “Capital Gains Route” and the “Ordinance”, respectively) and it has been designated as a 102 Award (as defined in the Israeli Sub-Plan), subject to compliance with the requirements under Section 102 and any associated rules or regulations, including the execution of the Agreement and the acknowledgments included below. In respect of
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Capital Gain Award, the tax is only due upon sale of the underlying Shares or upon release of the underlying Shares from the holding or control of the Trustee.
If the Participant is an Israeli resident however is engaged by the Company or any other non-Israeli Subsidiary or is a consultant or service provider of the Company’s Israeli resident Subsidiary, the RSU Award will be subject to tax upon vesting and settlement in accordance with Section 3(i) of the Ordinance.
Performance Achievement above Target: Any amount of shares issued under the Award as a result of achieving the Performance Criteria above the Target, and which is above the Total Target Shares amount shall be regarded as a new grant for the purpose of Section 102 and the Capital Gains Route.
Trustee Arrangement. With respect to any Award under the Capital Gains Route - the RSU Award and the Shares issued upon settlement of such RSU Award, and/or any additional rights, including without limitation any right to receive any dividends or any Shares received as a result of an adjustment made under the Plan that may be granted in connection with the RSU Award (the “Additional Rights”), will be issued to the Trustee or placed under the control of the Trustee under a supervisory trustee arrangement for at least the period stated in Section 102 under the Capital Gains Route or any shorter period of time as determined by the Israeli Tax Authority (“Holding Period and the “ITA”, respectively). In the event the RSU Awards do not meet the requirements of Section 102, such RSU Awards and the underlying Shares shall not qualify for the favorable tax treatment under Section 102. In accordance with the requirements of Section 102 and the Capital Gains Route, during the Holding Period the Participant shall not sell or transfer the underlying Shares or the Additional Rights from the Trustee. Notwithstanding the above, if such sale or transfer occurs before the end of the Holding Period, the sanctions under Section 102 shall apply to and shall be borne by the Participant.
The Company makes no representations or guarantees that the RSU Award will qualify for favorable tax treatment and will not be liable or responsible if favorable tax treatment is not available under Section 102. Any RSU Award accelerated upon termination of employment in accordance with Article 10.2(b) of the Plan may be disqualified from the Capital Gains Route.
Any fees associated with any vesting, sale, transfer or any act in relation to the RSU Awards shall be borne by the Participant. The Trustee and/or the Company and/or any Subsidiary shall be entitled to withhold or deduct such fees from payments otherwise due to the Participant from the Company or any Subsidiary or the Trustee.
Taxes. In addition to the provisions included in the Agreement, it is clarified that any and all taxes imposed in respect of the RSU Awards and/or underlying Shares, including, but not limited to, the grant of the RSU Awards, and/or the vesting, exercise, transfer, waiver, or expiration of RSU Awards and/or underlying Shares, and/or the sale of underlying Shares, shall be borne solely by the Participant, and in the event of death, by the Participant’s heirs. The Company, any Subsidiary, the Trustee or anyone on their behalf shall not be required to bear the aforementioned tax, directly or indirectly, nor shall they be required to gross up such tax in the Participant’s salary or remuneration. The applicable tax shall be withheld from the proceeds of sale of underlying Shares or shall be paid to the Company or any Subsidiary or the Trustee by the Participant. Notwithstanding the foregoing, the Company or any Subsidiary or the Trustee shall be entitled to withhold tax as it deems necessary to comply with applicable law and to deduct any tax from payments otherwise due to the Participant from the Company or any Subsidiary or the Trustee. The ramifications of any future modification of applicable law regarding the taxation of the RSU Awards granted to the Participant shall apply to the Participant accordingly and the Participant shall bear the full cost thereof, unless such modified laws expressly provide otherwise.
Securities Law Notification. The Company has obtained an exemption from the requirements of filing a prospectus in Israel with respect to any grant under the Plan. Applicable documentation can be obtained by contacting the Participant’s local human resources department.
Additional Acknowledgments and Undertakings. In addition to the provisions set out in the Agreement, by accepting an RSU Award classified under the Capital Gains Route, the Participant also confirms that:
1.The Participant is familiar with and understands the provisions of Section 102 and any associated rules or regulations in general, and the tax arrangement under the Capital Gains Route in particular, and agrees to comply with such provisions, as amended from time to time.
2.The Participant agrees that RSU Awards and the Shares that may be issued in connection with the RSU Awards, will be held or controlled by a trustee under a supervisory trustee arrangement for at least the duration of the Holding Period, as determined in Section 102 under the Capital Gains Route.
3.The Participant agrees to the provisions of the trust deed signed between the Company and/or the Employer and the Trustee attached hereto.
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4.The Participant understands that any release of such Shares from trust, or any sale of the Shares prior to the termination of the Holding Period constitutes a violation of the terms of Section 102 and agree to bear the relevant sanctions.
5.The Participant authorizes the Company and/or the Employer to provide the Trustee with any information required for the purpose of administrating the grant of the RSU Awards, including without limitation information about the Participant's RSU Awards, income tax rates, salary bank account, contact details and identification number and any reasonable information required by the Trustee.
6.The Participant declares that he/she is a resident of the state of Israel for tax purposes and agree to notify the Company upon any change in the residence address and acknowledge that if he/she ceases to be an Israeli resident or if his/her engagement with the Company or any Subsidiary is terminated, the RSU Awards and underlying Shares shall remain subject to Section 102, the trust agreement, the Plan and grant document.
7.The Participant acknowledges, understands and agrees that the RSU Awards are an extraordinary, one-time benefit granted to the Participant, and does not create any contractual or other right to receive a future grant of RSU Awards.
The grant of the RSU Awards is conditioned upon the Participant signing all documents requested by the Company, the Employer or the Trustee.
ITALY
Terms and Conditions
Data Privacy. This provision replaces Section 9 of the Agreement:
The Participant understands that as a Data Controller according to Art 4 Para 1.7 Reg. UE/2016/679 (“GDPR”) the Company and the Employer as the Privacy Representative of the Company in Italy (the “Controller”), may hold certain personal information about the Participant, including, but not limited to, the Participant’s name, home address and telephone number, date of birth, social insurance or other identification number, salary, nationality, job title, any Shares or directorships held in the Company or any Parent, Subsidiary or Affiliate, details of all RSU Awards or any other entitlement to Shares awarded, canceled, exercised, vested, unvested or outstanding in the Participant’s favor. The Company and the Employer inform the Participant as per Art. 12-13 GDPR that they will process said data and other data lawfully received from a third party (“Personal Data”) according to a level of security equal to that required by the GDPR or by the US Data Privacy Framework; Personal Data will be processed for the exclusive purpose of managing and administering the Plan (and so on the legal basis of Art. 6 para. 1 lit. b GDPR) and complying with applicable laws, regulations and Community legislation (and so on the legal basis of Art. 6 para. 1 lit. c GDPR). The Participant understands that Personal Data may also be transferred to the independent registered public accounting firm engaged by the Company, and also to the legitimate addressees under applicable laws. The Participant also understands that providing the Company with Personal Data is mandatory for compliance with laws and is necessary for the performance of the Plan and that the Participant’s refusal to provide Personal Data would make it impossible for the Company to perform its contractual obligations and may affect the Participant’s ability to participate in the Plan. The Participant understands that Personal Data will not be publicized, but it may be accessible by the Company and the Employer and within the Employer’s organization by its internal and external personnel in charge of processing, and by the data processor, if appointed. The updated list of processors and of the subjects to which Personal Data are communicated will remain available upon request at the Employer. Furthermore, Personal Data may be transferred to banks, other financial institutions or brokers involved in the management and administration of the Plan. The Participant further understands that the Company and any Parent, Subsidiary or Affiliate will transfer Personal Data amongst themselves as necessary for the purpose of implementation, administration and management of the Participant’s participation in the Plan, and that the Company and any Parent, Subsidiary or Affiliate may each further transfer Personal Data to third parties assisting the Company in the implementation, administration and management of the Plan, including any requisite transfer of Personal Data to a broker or other third party with whom the Participant may elect to deposit any Vested Shares acquired under the Plan or any proceeds from the sale of such Shares. Such recipients may receive, possess, use, retain and transfer Personal Data in electronic or other form, for the purposes of implementing, administering and managing the Participant’s participation in the Plan. The Participant understands that these recipients may be acting as controllers, processors or persons in charge of processing, as the case may be, according to applicable privacy laws, and that they may be located in or outside the European Economic Area, such as in the United States, Singapore or elsewhere, in countries that do not provide an adequate level of data protection as intended under Italian privacy law.
Should the Company exercise its discretion in suspending all necessary legal obligations connected with the management and administration of the Plan, it will delete Personal Data as soon as it has accomplished all the necessary legal obligations connected with the management and administration of the Plan. Otherwise, Personal Data will be processed for the entire period of the Participant’s employment relationship and for ten years thereafter or such longer period required to satisfy any applicable legal or regulatory obligations.
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The Participant understands that Personal Data processing related to the purposes specified above shall take place under automated or non-automated conditions, anonymously when possible, that comply with the purposes for which Personal Data is collected and with confidentiality and security provisions as set forth by applicable laws and regulations, with specific reference to GDPR and Legislative Decree no. 196/2003.

The processing activity, including communication, the transfer of Personal Data abroad, including outside of the European Economic Area, as specified herein and pursuant to applicable laws and regulations, does not require the Participant’s consent thereto as the processing is necessary to performance of law and contractual obligations related to implementation, administration and management of the Plan. The Participant understands that, pursuant to Articles 13(2)(b) and (d), 15, 18, 19, 20 and 21 GDPR , he or she has the right at any moment to, including, but not limited to, (a) consult data and request that it be updated, corrected, supplemented, deleted or to object to or restrict its processing, as well as to request its portability, (b) submit a complaint to the Italian Data Protection Authority (the “Authority”), following the procedures and directions published on the Authority’s official website at www.garanteprivacy.it. In the event of a request to limit the processing of the data provided, to object to their processing, to their cancellation or to withdraw consent, the Data Controller may reserve the right to retain some of the Participant’s data to the extent that they are necessary for the “performance of the contract” or for the protection of its “legitimate interest” pursuant to section 7 of the Legislative Decree no. 196/2003 and to obtain confirmation that Personal Data exists or not, access, verify its contents, origin and accuracy, delete, update, integrate, correct, blocked or stop, for legitimate reason, the Personal Data processing. To exercise privacy rights (which is not subject to any formal constraint and is free of charge), the Participant should contact the Employer. Furthermore, the Participant is aware that Personal Data will not be used for direct marketing purposes. In addition, Personal Data provided can be reviewed and questions or complaints can be addressed by contacting the Participant’s human resources department.
Plan Document Acknowledgement. The Participant acknowledges that the Participant has read and specifically and expressly approves the following sections of the Agreement: Section 1: Grant of RSU Award; Section 2: Delivery; Section 3: Compliance with Laws and Regulations; Section 4: Rights as Shareholder; Section 5: Stop-Transfer Orders; Section 6: Taxes and Disposition of Shares; Section 7: Nature of Grant; Section 8: No advice Regarding Grant; Section 10: Successors and Assigns; Section 11: Governing Law; Venue; Section 15: Electronic Delivery; Section 16: Exhibit A; Section 18: Imposition of Other Requirements; and the Data Privacy section of this Exhibit A.
Notifications
Exchange Control Information. Without limiting in any way Participant’s obligations under the Agreement and/or the Plan (also with regard to Section 6: Taxes and Disposition of Shares and Section 8: No Advice Regarding Grant), to participate in the Plan, the Participant – whether he or she is an Italian resident – must comply with exchange control regulations in Italy. The Participant is required to report in his or her annual tax return: (a) any transfers of cash or Vested Shares to or from Italy; (b) any foreign investments or investments held outside of Italy at the end of the calendar year; and (c) the amount of the transfers to and from Italy which have had an impact during the calendar year on the Participant’s foreign investments or investments held outside of Italy. The Participant may be exempt from the requirement in (a) if the transfer or investment is made through an authorized broker resident in Italy, as the broker will generally comply with the reporting obligation on his or her behalf. Italian residents may be subject to tax on the value of financial assets held outside of Italy. The taxable amount will be the fair market value of the financial assets, assessed at the end of the calendar year.
JAPAN
Notifications
Notice of Private Placement in Japan. Neither the RSU Award nor the Shares to be issued pursuant to the RSU Award have been or will be registered under Article 4, Paragraph 1 of the Financial Instruments and Exchange Act of Japan (the “FIEA”) in respect of this offering, because the offer or solicitation to acquire the RSU Award or the Shares hereunder meets the requirements for exemption from registration pursuant to Article 2, Paragraph 3, Sub-Paragraph 2 “ha” of the FIEA.
Exchange Control/Tax Reporting Information. If the aggregate fair value of the Shares issued pursuant to the RSU Award is more than JPY 100,000,000, the reporting requirement is applicable under the Japanese foreign exchange rules. In addition, the Participant is required to report the details of any assets held outside of Japan as of December 31 (including the Shares acquired under the Plan) to the relevant tax authority by March 15 of the following year to the extent such assets have a total net fair market value in excess of JPY 50,000,000.
KOREA
Notifications
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Exchange Control Information. If the Participant realizes US$500,000 (approximately KRW 632,500,000 as of July 2023) or more from the sale of Shares, Korean exchange laws require the Participant to repatriate the proceeds to Korea within eighteen months of the sale. In order for the Participant to dispose of its shares which have been originally procured by the Plan (the “Share Plan Shares”), according to the recently announced Korean Financial Supervisory Service (FSS) guideline in respect of sale and purchase of listed stocks of a foreign parent company which were procured via a share plan, the Participant is required to (1) open an account with a Korean securities company and (2) put a disposition order though a Korean securities company. Further, the Share Plan Shares are required to be deposited to a foreign depository which is linked to the Korea Securities Depository.
MALAYSIA
Malaysian Insider Trading. The Participant should be aware of the Malaysian insider-trading rules, which may impact his or her acquisition or disposal of Shares or rights to Shares under the Plan. Under the Malaysian insider-trading rules, the Participant is prohibited from selling Shares when he or she is in possession of information which is not generally available and which he or she knows or should know will have a material effect on the value of the Shares once such information is generally available.
Director Notification Obligation. If the Participant is a director of the Company’s Malaysian Subsidiary, he or she is subject to certain notification requirements under the Malaysian Companies Act. Among these requirements is an obligation to notify the Malaysian Subsidiary in writing when the Participant receives or disposes of an interest (e.g., RSU Award, Shares) in the Company or any related company. Such notifications must be made within 14 days of receiving or disposing of any interest in the Company or any related company.
Tax Responsibility of the Participant. The Participant is required to make an assessment by including the share benefit as income for the basis period in which the Shares are vested, report in the income tax return form of the Participant, the amount in respect of benefits from the Shares that have been vested, and ensure that income tax on that benefit is paid.
MEXICO
Terms and Conditions
The following provisions supplement Sections 6 and 7 of the Agreement:
Section 7
Modification. By accepting the RSU Award, the Participant understands and agrees that any modification of the Plan or the Agreement or its termination shall not constitute a change or impairment of the terms and conditions of employment.
Policy Statement. The RSU Award grant the Company is making under the Plan is unilateral and discretionary and, therefore, the Company reserves the absolute right to amend it and discontinue it at any time without any liability.
The Company, with registered offices at 2 Changi South Lane, Singapore 486123, is solely responsible for the administration of the Plan, and participation in the Plan and the grant of the RSU Award do not, in any way, establish an employment relationship between the Participant and the Company since he or she is participating in the Plan on a wholly commercial basis. The Participant expressly recognizes that the Plan and the grant of the RSU Award do not establish any rights between the Participant and his or her sole Employer (Availmed Servicios S.A. de C.V., Grupo Flextronics S.A. de C.V., Flextronics Servicios Guadalajara S.A. de C.V., Flextronics Servicios Mexico S. de R.L. de C.V. or Flextronics Aguascalientes Servicios S.A. de C.V.), nor does it form part of the employment conditions and/or benefits provided by the Employer.
Plan Document Acknowledgment. By accepting the RSU Award, the Participant acknowledges that he or she has received copies of the Plan, has reviewed the Plan and the Agreement in their entirety, and fully understands and accepts all provisions of the Plan and the Agreement.
In addition, the Participant further acknowledges that he or she has read and specifically and expressly approves the terms and conditions in the Nature of Grant section of the Agreement, in which the following is clearly described and established: (i) participation in the Plan does not constitute an acquired right; (ii) the Plan and participation in the Plan is offered by the Company on a wholly discretionary basis; (iii) participation in the Plan is voluntary; and (iv) the Company and any Parent, Subsidiary or Affiliates are not responsible for any decrease in the value of the Shares acquired upon vesting of the RSU Award.
No Entitlement for Claims or Compensation. The Participant hereby declares that he or she does not reserve any action or right to bring any claim against the Company or his or her Employer for any compensation or damages as a result of his or her participation in the Plan and therefore grants a full and broad release to the Employer, the Company and any Parent, Subsidiary or Affiliates with respect to any claim that may arise under the Plan.
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Spanish Translation
Términos y condiciones
Las siguientes disposiciones complementan las secciones 7 del Acuerdo:
Sección 7
Modificación: Al aceptar el Otorgamiento de Acciones por Bonificación, el Participante entiende y está de acuerdo en que cualquier modificación del Plan o del Acuerdo o su terminación, no constituirá un cambio o disminución de los términos y condiciones de empleo.
Declaración de Política: El Otorgamiento de Acciones por Bonificación que la Compañía efectúa conforme al Plan es de forma unilateral y discrecional y, por lo tanto, la Compañía se reserva el derecho absoluto de modificarlo y discontinuarlo en cualquier momento sin responsabilidad alguna para la Compañía.
La Compañía, con oficinas registradas en 2 Changi South Lane, Singapore 486123 es la única responsable de la administración del Plan y la participación en el Plan y el Otorgamiento de Acciones por Bonificación no establece de forma alguna una relación de trabajo entre el Participante y la Compañía, ya que su participación en el Plan es completamente comercial. El Participante expresamente reconoce que el Plan y el Otorgamiento de Acciones por Bonificación no establece ningún derecho entre el Participante y su único Empleador (Availmed Servicios S.A. de C.V., Grupo Flextronics S.A. de C.V., Flextronics Servicios Guadalajara S.A. de C.V., Flextronics Servicios México S. de R.L. de C.V. o Flextronics Aguascalientes S.A. de C.V., según sea el caso), ni tampoco forma parte de las condiciones laborales o beneficios provistos por el Empleador.
Conocimiento del Documento del Plan. Al aceptar el Otorgamiento de Acciones por Bonificación, el Participante reconoce que ha recibido copia del Plan, ha revisado el mismo, al igual que la totalidad del Acuerdo y que entiende y acepta completamente todas las disposiciones contenidas en el Plan y en el Acuerdo.
Además, el Participante reconoce que ha leído, y que aprueba específica y expresamente los términos y condiciones contenidos en la sección denominada Naturaleza del Otorgamiento, en la cual se encuentra claramente descrito y establecido lo siguiente: (i) la participación en el Plan no constituye un derecho adquirido; (ii) el Plan y la participación en éste es ofrecida por la Compañía de forma enteramente discrecional; (iii) la participación en el Plan es voluntaria; y (iv) la Compañía, así como su Matriz, Subsidiaria o Filiales no son responsables por cualquier disminución en el valor de las Acciones adquiridas por virtud del Otorgamiento de Acciones por Bonificación.
Derecho a Reclamaciones o Indemnizaciones. El Participante declara que no se reserva ninguna acción o derecho para interponer reclamo alguno en contra de la Compañía o su empleador por indemnización o daño alguno como resultado de su participación en el Plan y, en consecuencia, otorga el más amplio finiquito al Empleador, así como a la Compañía o su Matriz, Subsidiaria o Filiales con respecto a cualquier reclamo que pudiera originarse en virtud del Plan.
NETHERLANDS
Notifications
Securities Law Information. The Participant should be aware of the Dutch insider-trading rules, which may impact the sale of Shares acquired under the Plan. In particular, the Participant may be prohibited from effectuating certain transactions if the Participant has inside information about the Company.
Under Article 5:56 of the Dutch Financial Supervision Act, anyone who has “insider information” related to an issuing company is prohibited from effectuating a transaction in securities in or from the Netherlands. “Inside information” is defined as knowledge of specific information concerning the issuing company to which the securities relate or the trade in securities issued by such company, which has not been made public and which, if published, would reasonably be expected to affect the share price, regardless of the development of the price. The insider could be any Employee in the Netherlands who has inside information as described herein.
Given the broad scope of the definition of inside information, certain Employees working at a Parent, Subsidiary or Affiliate in the Netherlands may have inside information and, thus, would be prohibited from effectuating a transaction in securities in the Netherlands at a time when the Participant has such inside information.
NORWAY
Terms and Conditions
Data Privacy. This provision replaces Section 9 of the Agreement:
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The Participant understands that the Company and the Employer will process certain personal information about the Participant, including, but not limited to, the Participant’s name, home address and telephone number, date of birth, social insurance or other identification number, salary, nationality, job title, any Shares or directorships held in the Company or any Parent, Subsidiary or Affiliate, details of all RSU Awards or any other entitlement to Shares awarded, canceled, exercised, vested, unvested or outstanding in the Participant’s favor, and that the Company and the Employer will process said data and other data lawfully received from third party (“Personal Data”) for the purposes of managing and administering the Plan, the employment relationship and complying with applicable laws and regulations. The legal bases under Regulation (EU) 2016/679 (the “GDPR”) are thus (i) the necessity for performing a contract to which the Participant is party (Article 6 no. 1 b)); and (ii) the necessity for compliance with a legal obligation (Article 6 no 1 b)). The Participant also understands that providing the Company with Personal Data is mandatory for compliance with laws and is necessary for the performance of the Plan and that the Participant’s refusal to provide Personal Data would make it impossible for the Company to perform its contractual obligations and may affect the Participant’s ability to participate in the Plan. The Participant understands that Personal Data will not be publicized, but it may be accessible by the Employer as the Privacy Representative of the Company and within the Employer’s organization by its internal and external personnel in charge of processing, and by the data processor, if appointed. The updated list of processors and of the subjects to which Personal Data are communicated will remain available upon request at the Employer.
Furthermore, Personal Data may be transferred to banks, other financial institutions or brokers involved in the management and administration of the Plan. The Participant understands that Personal Data may also be transferred to the independent registered public accounting firm engaged by the Company, and also to the legitimate addressees under applicable laws.
The Participant further understands that the Company and any Parent, Subsidiary or Affiliate will transfer Personal Data amongst themselves as necessary for the purpose of implementation, administration and management of the Participant’s participation in the Plan, and that the Company and any Parent, Subsidiary or Affiliate may each further transfer Personal Data to third parties assisting the Company in the implementation, administration and management of the Plan, including any requisite transfer of Personal Data to a broker or other third party with whom the Participant may elect to deposit any Vested Shares acquired under the Plan or any proceeds from the sale of such Shares. Such recipients may receive, possess, use, retain and transfer Personal Data in electronic or other form, for the purposes of implementing, administering and managing the Participant’s participation in the Plan. The Participant understands that these recipients may be acting as controllers, processors or persons in charge of processing, as the case may be, according to applicable privacy laws, and that they may be located in or outside the European Economic Area, such as in the United States and/or Singapore or elsewhere, including countries that do not provide an adequate level of data protection. In the lack of an adequacy decision under Article 45 of the GDPR, the Employer and/or Company will rely on other safeguards, such as binding corporate rules or the Standard Contractual Clauses adopted according to the Commission Implementing Decision on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679.
The Company and the Employer will process the Personal Data for as long as it is necessary to fulfill the employment contract with the Participant, or for as long as it is necessary to comply with a legal obligation to which the Company and/or Employer is subject.
The Participant shall, according to Chapter III of the GDPR, have the right to, including, but not limited to, obtain confirmation that Personal Data exists or not, access, verify its contents, origin and accuracy, delete, update, integrate, correct, blocked or stop, for legitimate reason, the Personal Data processing, and to complain to the national data protection authority. To exercise privacy rights, the Participant should contact the Employer. In addition, Personal Data provided can be reviewed and questions or complaints can be addressed by contacting the Participant’s human resources department.
POLAND
Terms and Conditions
Restriction on Type of Shares Issued. Due to tax regulations in Poland, as necessary, the Participant’s Vested Shares will be settled in newly issued Shares only. Treasury Shares will not be used to satisfy the RSU Award upon vesting.
ROMANIA
Notifications
Exchange Control Information. If the Participant remits foreign currency into or out of Romania (e.g., the proceeds from the sale of his or her Vested Shares), the Participant may be required to provide the Romanian bank assisting with the transaction with appropriate documentation explaining the source of the income.
Non-compete
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Applicability. This provision supplements Section 13 of the Agreement (where applicable):
1. The Participant is forbidden to carry out in his/her own interest or a third party, directly or indirectly, dependent or independent activities in the fields of activity set forth in any confidentiality, non-competition, non-solicitation or similar agreement between the Participant and the Company or any Affiliate thereof, for the benefit of but not limited to any competitor of the Company (i.e., which has the same core business as the Company).
2. The non-competition clause in relation to the competing companies listed above produces its effects across such territories set forth in any confidentiality, non-competition, non-solicitation or similar agreement between the Participant and the Company or any Affiliate thereof.
3. The list of the companies mentioned above shall be supplemented automatically with the legal entities which have the same core business as the Company and, consequently, compete with it, entities which shall be incorporated across the aforementioned territories after signing the present agreement, as well as during the non-competition period mentioned below.
4. The Participant further undertakes during the non-competition period mentioned below not to:
- entice the clientele of the Company by making use of the relationships established with such clientele while being employed by the Company;
- entice any Participants of the Company for the purpose of setting up a competing company in order to attract the customers of the Company as well as not to entice any Participants of the Company in order to cause business disruption.
5. The non-competition clause produces its effects for a period of 12 months after termination of the individual employment agreement.
6. After the termination of the employment agreement and during the period of time mentioned above, the monthly non-competition compensation equals the price of the applicable Vested Share, but no less than 50% of the average gross salaries from the last 6 months prior to the termination date of the employment agreement shall be paid to the Participant in exchange of his or her compliance with the non-competition clause. In case the price obtained from the sale of the RSU is less than 50% of the average gross salaries from the last 6 months prior to the termination date of the individual employment agreement, the Company will pay the difference to maintain such level of compensation. The above-mentioned monthly compensation becomes due at the end of each month and is paid by bank transfer into an account indicated by the Participant.
7. In case of infringement against the non-competition clause, the Participant shall be obligated to return in full the amounts paid by the Company after the termination of the employment relationship as non-competition compensation and, as the case may be, to pay damages thus caused to the Company.
8. The Company may unilaterally waive the non-competition clause stipulated in the individual employment agreement at any moment prior to its entry into force based on a written notification sent by the Company to the Participant with regard to the denunciation of this clause.
SINGAPORE
Notifications
Securities Law Information. The RSU Award is being granted to the Participant pursuant to the “Qualifying Person” exemption under section 273(1)(i) read with section 273(2) and (4) of the Singapore Securities and Futures Act 2001 (“SFA”). The Plan, the Agreement and the RSU Award have not been lodged or registered as a prospectus with the Monetary Authority of Singapore.
Selling Restrictions. The Participant should note that the Plan, the Agreement and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of the RSU Award and/or Shares may not be circulated or distributed, nor may the RSU Award and/or Shares be offered or sold, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than pursuant to, and in accordance with, the conditions of an exemption under any provision of Subdivision (4) of Division (1) of Part 13 (other than section 280) of the SFA. Any transfer and/or disposal of the RSU Award and/or Shares by the Participant (as may be allowed under the Plan and the Agreement and subject to compliance with applicable law) shall be subject to the condition that the foregoing restrictions shall be imposed on each and every transferee and purchaser, and subsequent transferee and purchaser, of the relevant RSU Award and/or Shares.
Notification under Section 309B(1) of the SFA. The RSU Award and Shares are prescribed capital markets products (as defined in the Singapore Securities and Futures (Capital Markets Products) Regulations 2018), being rights issued or proposed to be issued by a corporation in respect of its own stocks or shares and stocks or shares issued or proposed to be issued by a
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corporation, respectively, and Excluded Investment Products (as defined in MAS Notice SFA 04-N12: Notice on the Sale of Investment Products and MAS Notice FAA-N16: Notice on Recommendations on Investment Products).
Director Notification Obligation. If the Participant is a director (including an alternate director or shadow director) of the Company and/or a Singapore company that is a related corporation (as defined in the Singapore Companies Act 1967 (the “Singapore Companies Act”)) of the Company (the “Singapore Entity(ies)”), the Participant is subject to certain notification requirements under the Singapore Companies Act in connection with the grant of the RSU Award and the subsequent vesting of, and delivery of, Shares underlying the RSU Award. Among these requirements is an obligation to notify the Singapore Entity(ies) in writing when the Participant acquires an interest (e.g., RSU Award, Shares) in the Company. In addition, the Participant must notify the Singapore
Entity(ies) in writing when the Participant sells Shares of the Company (including when the Participant sells Shares acquired under the Plan). Please contact the Company to obtain a copy of the notification form.
The Participant must give written notice to the Singapore Entity(ies) of the prescribed particulars relating to the RSU Award and Shares underlying the RSU Award within two business days after (a) the date on which the Participant became a director of the Singapore Entity(ies); or (b) the date on which the Participant became a registered holder of or acquired an interest in the RSU Award or Shares underlying the RSU Award.
Upon the vesting of the Shares underlying the RSU Award and the delivery of Shares to the Participant resulting in the Participant becoming a registered shareholder of the Company, there is a change in the nature of the interest the Participant holds from a beneficial interest arising contractually under the RSU Award to a legal interest as a registered shareholder of the Company. As a result, the Participant is required within two business days, to notify the Singapore Entity(ies) of this technical change in the nature of the Participant’s interest in the Shares of the Company, to enable the Singapore Entity(ies) to meet its statutory obligations and update its Register of Directors’ Shareholdings within three days of receiving the Participant’s notification.
In addition, the Participant must give written notice to the Singapore Entity(ies) of particulars of any change in respect of the prescribed particulars previously given in respect of the RSU Award or Shares underlying the RSU Award, including the consideration (if any) received as a result of the event giving rise to the change, upon say, a sale and transfer of the Shares, within two business days after the occurrence of the event giving rise to the change.
Terms and Conditions
Data Protection. The Participant acknowledges that:
(a)the personal data of the Participant as contained in each document and/or any other notice or communication given or received pursuant to the Plan and/or the Agreement, and/or which is otherwise collected from the Participant (or his or her authorized representative(s)), will be collected, used and disclosed by the Company and/or the relevant subsidiary for the purposes of implementing and administering the Plan, and in order to comply with any applicable laws, listing rules, take-over rules, regulations and/or guidelines;
(b)by participating in the Plan, the Participant also consents to the collection, use and disclosure of his or her personal data for all such purposes, including disclosure of personal data of the Participant held by the Company and/or the relevant subsidiary to any of their affiliates and/or to third party administrators who provide services to the Company (whether within or outside Singapore), and to the collection, use and further disclosure by such persons of such personal data for such purposes; and
(c)the Participant also warrants that where he or she discloses the personal data of third parties to the Company and/or the relevant subsidiary in connection with the Plan and/or the Agreement, he or she has obtained the prior consent of such third parties for the Company and/or the relevant subsidiary to collect, use and disclose their personal data for the above mentioned purposes, in accordance with any applicable laws, regulations and/or guidelines. The Participant shall indemnify the Company and/or the relevant subsidiary in respect of any penalties, liabilities, claims, demands, losses and damages as a result of the Participant’s breach of this warranty.
(d)to the extent that the Participant withdraws consent, the Company may use its discretion under the Agreement to terminate the RSU Award for no consideration.
For this purpose, the term “personal data” shall refer to any information and data which can be related directly or indirectly to an identifiable individual.
SLOVAK REPUBLIC
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Notifications
Exchange Control Information. Upon request of the Slovak National Bank, the Participant may need to file a notification in respect of Shares pursuant to the Plan he or she acquires.
SOUTH AFRICA
Warning: The RSU Award and Shares acquired upon vesting of the RSU Award do not constitute a public offering of securities under South African law and are available only to employees of the Company, its Parent, Subsidiary or Affiliates. The Agreement, including this Exhibit A, the Plan and other incidental communication materials have not been prepared in accordance with and are not intended to constitute a “prospectus” for a public offering of securities under the South African Companies Act. It is to be noted that no documents been reviewed by any regulatory authority in South Africa. The RSU Award is intended only for the personal use of each eligible Employee of the Employer, the Company or any Parent, Subsidiary or Affiliate and may not be distributed to any other person.
Terms and Conditions
Notification Obligation. Directors and prescribed officers of the Company’s South African Subsidiary or Affiliate are subject to certain notification requirements under the South African Companies Act. Directors and prescribed officers must notify the South African Subsidiary or Affiliate in writing of their interest in the Company and the number and class of Shares or rights to which the interest relates as soon as practically possible and/or where relevant in relation to any decisions affecting the South African Subsidiary or Affiliate.
Insider Trading Notification. The Participant should be aware of the South African insider-trading rules, which may impact his or her acquisition or disposal of Shares or rights to Shares under the Plan. Under the South African insider-trading rules, the Participant is prohibited from selling Shares when he or she is in possession of information which is not generally available and which he or she knows or should know will have a material effect on the value of the Shares once such information is generally available.
Tax Obligations. The following provision supplements Section 6.1 of the Agreement:
By accepting the RSU Award, the Participant agrees to notify the Employer of the amount of any gain realized at vesting and settlement of the RSU Award. If the Participant fails to advise the Employer of the gain realized at vesting and settlement of the RSU Award, he or she may be liable for a fine.
Notifications
Exchange Control Information. The Participant is solely responsible for complying with all exchange control laws in South Africa, and neither the Company nor the Employer will be liable for any fines or penalties resulting from the Participant’s failure to comply with South African exchange control laws. The Participant should notify their local bank within 30 days of receiving shares.
SWEDEN
There are no country specific provisions.
SWITZERLAND
Securities Law Information. In Switzerland, the grant of RSUs is exempt from the requirement to prepare and publish a prospectus under the Swiss Financial Services Act (“FINSA”). This document does not constitute a prospectus pursuant to the FINSA and no such prospectus has been or will be prepared for or in connection with the RSU Awards granted pursuant to the Plan. This document is neither subject to any governmental approval nor must be filed with any Swiss authorities.
Employment Law Information. The Plan and any RSU Award are made as and constitute a discretionary ex gratia payment (Gratifikation/Sondervergütung) within the meaning of Art. 322d of the Swiss Code of Obligation.
Tax Reporting Information.
(i) At grant. The Participant will receive an addendum to the annual salary statement, reporting the details of the RSU Award granted. The Participant is required to file such addendum with his/her tax return. Furthermore, the Participant is required to declare all RSU Awards granted under the Plan which should not be subject to the net wealth tax, but must be reflected “pro memoria” in the statement on bank accounts and securities (Wertschriftenverzeichnis) that the Participant is required to file with the annual tax return.
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(ii) At vesting. The Participant will receive an addendum to the annual salary statement, reporting the taxable income realized upon vesting of the RSU Award. The Participant is required to declare such income in and to file the addendum with his/her tax return. Any Shares acquired upon vesting will be subject to the net wealth tax and must be reported in the statement on bank accounts and securities (Wertschriftenverzeichnis) that the Participant is required to file with the annual tax return.
Data Privacy; Transfer of personal data to the United States and/or Singapore. The Participant acknowledges and agrees that personal data will be transferred to the United States and/or Singapore and that there is a risk, in particular, that the rights provided for by Swiss (and EU data protection laws, as applicable) may only be guaranteed to a limited extent and that foreign authorities, i.e., authorities of the United States and/or Singapore may gain access to personal data with or without the Participant’s knowledge. Such access may also result in further tracking and/or observations by foreign authorities.
TAIWAN
Notifications
Securities Law Information. The RSU Award to be granted by the Company to the Participants of the Company or a Taiwan Subsidiary or Affiliate have not been and will not be registered or filed with, or approved by, the Financial Supervisory Commission and/or any other regulatory authorities of Taiwan pursuant to relevant securities laws and regulations and may not be sold, issued or offered within Taiwan through a public offering or in circumstances which constitute an offer or a solicitation of an offer within the meaning of the Securities and Exchange Act or relevant laws and regulations of Taiwan that requires a registration or approval of the Financial Supervisory Commission and/or any other regulatory authorities of Taiwan. No person or entity in Taiwan has been authorized to offer or sell the RSU Award in Taiwan.
Exchange Control Information. The Participant may acquire and remit foreign currency (including proceeds from the sale of Shares) into and out of Taiwan up to US$5,000,000 (approximately TW$ 155,000,000 as of July 2023) per year for inward and outward remittances. On the contrary, the approval of the Central Bank of Taiwan would be required for making inward and outward remittances of foreign exchange that, in the aggregate, exceed the US$5,000,000 annual quota. If the transaction amount is TW$ 500,000 or more in a single transaction, the Participant must submit a Foreign Exchange Transaction Form and also provide supporting documentation to the satisfaction of the remitting bank.
TURKEY
Notifications
Securities Law Information. Pursuant to Turkish capital markets legislation, the sale of shares in stock option plans of foreign companies to employees residing in Türkiye are not subject to filing or disclosure requirements in Türkiye, provided that: (i) such sale does not take place in Türkiye; (ii) it does not fall within the scope of any public offering in Türkiye (i.e., the transaction cannot be defined as a public offering); and (iii) any information to be provided to the employees does not contain any statements giving the impression of a public offering.
UNITED KINGDOM
Terms and Conditions
Tax Obligations. The following provisions supplement Section 6.1 of the Agreement:
The Participant agrees that they are liable for all Tax-Related Items and hereby covenant to pay all such Tax-Related Items, as and when requested by the Company or, if different, the Participant’s Employer or by Her Majesty’s Revenue and Customs (“HMRC”) (or any other tax authority or any other relevant authority). The Participant also agree to indemnify and keep indemnified the Company and, if different, the Participant’s Employer against any Tax-Related Items that they are required to pay or withhold or have paid or will pay to HMRC (or any other tax authority or any other relevant authority) on the Participant’s behalf.
Notwithstanding the foregoing, if the Participant is a director or executive officer of the Company (within the meaning of Section 13(k) of the U.S. Securities Exchange Act of 1934, as amended), the amount of any income tax not collected from or paid by the Participant within ninety (90) days of the end of the U.K. tax year in which the event giving rise to the Tax-Related Items occurs may constitute a benefit to the Participant on which additional income tax and National Insurance contributions may be payable. The Participant understands that they will be responsible for reporting and paying any income tax due on this additional benefit directly to HMRC under the self-assessment regime and for paying to the Company and/or the Employer (as appropriate) the amount of any National Insurance contributions due on this additional benefit, which may also be recovered from the Participant through any means set forth in the “Tax Withholding” section of the Agreement.
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In the event that the Participant has failed to make arrangements pursuant to the “Tax Withholding” section of the Agreement, for the amount so indemnified hereunder, the Participant shall pay to the Company (or such other affiliate, as the case may be) the balance in cash promptly on written demand and in any event within 60 days from the date on which any relevant amount indemnified is due to be accounted for to the applicable tax authority. If such payment is not made, the Participant shall also be liable to account to the Company or any affiliate for any additional liability that may arise to the Company or such other affiliate as a result of the operation of Section 222 of Income Tax (Earnings and Pensions) Act 2003.
National Insurance Contributions Acknowledgment. As a condition of participation in the Plan and the vesting of the RSU Award, the Participant agrees to accept any liability for secondary Class 1 National Insurance Contributions which may be payable by the Company and/or the Employer in connection with the RSU Award and any event giving rise to Tax-Related Items (the “Employer NICs”). To accomplish the foregoing, the Participant agrees to execute a joint election with the Company, the form of such joint election being formally approved by HMRC (the “Joint Election”), and any other required consent or election. The Participant further agrees to execute such other joint elections as may be required between the Participant and any successor to the Company and/or the Employer. The Participant further agrees that the Company and/or the Employer may collect the Employer NICs from the Participant by any of the means set forth in Section 6.1 of the Agreement.
If, at the election of the Company, the Participant does not enter into a Joint Election prior to vesting of the RSU Award or if approval of the Joint Election has been withdrawn by HMRC, the RSU Award shall become null and void without any liability to the Company and/or the Employer and the Company may choose not to issue or deliver Shares upon vesting of the RSU Award.























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PART 2 – GDPR
Subject to the laws of the jurisdiction that the Participant is resident in or otherwise subject to, this provision shall apply to any Participant who is resident in a jurisdiction or otherwise subject to the laws of a jurisdiction that is subject to or has implemented GDPR (as hereinafter defined) (as may be amended from time to time and any successor thereto).
For the execution of the Plan and the Agreement it is necessary to process personal data relating to the Participant, consisting of full name, address, position, employer, appraisals and bank account details, employment related data (“Personal Data”).
The Personal Data shall, upon participation in the Plan, be provided to the Company by the Participant and/or any relevant Affiliate or Subsidiary. The Personal Data shall be processed in accordance with the General Data Protection Regulation (“GDPR”) and any applicable national GDPR implementation law, which may for the processing of special categories of personal data (additionally) require the Participant’s (explicit) consent thereto.
The following shall apply:
1. For the execution and administration of the Plan and the Agreement, the Personal Data shall be transferred and processed outside of the European Economic Area (“EEA”), which shall be based on article 49(1)b of the GDPR where such transfer is of an incidental nature and is necessary for the entering into and execution of the Agreement with the Participant. Otherwise, any data transfers between the Company and any of its Subsidiaries or Affiliates shall be based on adequate transfer mechanisms that are implemented within the Company and any Subsidiary or Affiliate, such as the EU Model Clauses.
2. The Personal Data shall solely be processed by the Company (or any of its legal successors) when such processing is necessary for the execution and administration of the Plan or the Agreement and ensuing rights and obligations. Without such processing the Participant cannot participate in the Plan. Furthermore, the Personal Data shall be processed by the Company to comply with its legal obligations and/or for the purposes of its legitimate interest(s) such as to establish, exercise or defend its rights and legal position, and to monitor compliance with the Plan.
3. The Personal Data can be shared by the Company, with other third parties and the competent supervisory authorities in order to comply with its obligations (such as to comply with a request or order), with advisors or lawyers, based on a legitimate business interest to request advice, exercise its rights or with (potential) business partners in the context of a contemplated sale or restructuring of the Company or any Subsidiary or Affiliate.
4. The Personal Data shall be retained for 5 years after participation in the Plan has been terminated, unless longer retention of the Personal Data is required, for example, based on a legal obligation or in order to establish, defend or exercise a legal position.
5. The Participant has the right to request from the Company (or any of its relevant legal successors), access to and, under circumstances to request rectification or erasure of the Personal Data or restriction of processing of their Personal Data or to object to such processing as well as the right to data portability. The Participant has the right to lodge a complaint with respect to the processing of the Personal Data with the competent data protection authority.
6. The Participant may contact the Company with any questions regarding the processing of the Personal Data, to invoke their data subject’s rights or to obtain a copy of the mechanism for the (international) transfer of the Personal Data under this Plan.
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