Introduction
eBay is committed to conducting business ethically, maintaining safe working conditions, and advancing social and environmental responsibility. Accordingly, we expect all business entities we work with (“Third Party or Third Parties”) to abide by the following guidance in this Third-Party Code of Business Conduct and Ethics (“Code”).
The Code applies globally and to anyone who does business with any eBay business or subsidiary (“eBay”). Third Parties should ensure their subcontractors acknowledge and implement equivalent standards of conduct. eBay may take measures to ensure compliance and address suspected instances of non-compliance with this Code.
Business Integrity
Conflicts of Interest:
- Personal Relationships. Third Parties will disclose all known family or close personal relationships with eBay employees or directors who are involved in the Third Party’s engagement with eBay.
- Business Courtesies. The Third Party may not give gifts, entertainment, or other hospitality that might influence, or appear to influence, the decision making of eBay employees or agents. If given at all, gifts and hospitality to eBay employees should be moderately priced and infrequent.
- Gifts. Acceptable gifts include modest items bearing the logo of the Third Party. Gifts must comply with U.S. and local law. Cash or cash equivalents such as gift cards or shopping vouchers in any amount are prohibited. Gifts that violate our policies will be returned to the Third Party or handled in a manner that complies with our internal policies.
- Entertainment and Meals. Reasonable and customary business meals or entertainment in furtherance of the business relationship are permissible.
- Business Opportunities. Third Parties will not offer any other goods, services, business opportunities, commissions or advantageous financial arrangements that would personally benefit an eBay employee.
Bribery and Corruption. Third Parties may not offer, promise, or give anything of value to, or accept anything of value from, any public government official, political candidate, or private individual in order to obtain improper advantages to anyone for any reason. Third Parties are further prohibited from engaging in any other forms of bribery, corruption, extortion, or embezzlement, including making expediting or facilitation payments. Third Parties are responsible for implementing procedures to ensure compliance with applicable anti-corruption laws, including overseeing the conduct of their subcontractors.
Books and Records. Third Parties must ensure their accounting and financial records accurately reflect their business practices.
Fair Business, Advertising, and Competition. Third Parties will comply with all applicable fair business, advertising, and competition laws, including fair trading and anti-trust and competition laws, and all other laws aimed at promoting free and open competition. Third Parties will refrain from committing unfair, deceptive, or abusive acts or practices.
Privacy. Third Parties will commit to protecting the reasonable privacy expectations or personal information of everyone they do business with, including suppliers, customers, consumers, and employees. Third Parties will comply with privacy and information security laws and regulatory requirements when personal information is collected, stored, processed, transmitted, and shared.
Artificial Intelligence and Automated Decision Making. Third Parties will commit to using and developing artificial intelligence (AI) in a manner that aligns with eBay’s accountable AI principles, which include:
- Reliability, Safety, and Security, which involves rigorously testing AI technologies to prevent unauthorized access and malicious use, and employ the most protective measures possible for any confidential data that are used to train or operate AI systems and models;
- Inclusivity, Equity, and Fairness, which involves striving to ensure AI systems represent a diverse range of human cultures, backgrounds, and experiences;
- Accountability and Lawfulness, which involves ensuring AI systems function properly, and their design, development, testing and use all comply with regulatory frameworks;
- Privacy by Design, which involves ensuring AI systems are built with privacy at the forefront;
- Transparency, which involves providing relevant information and explanation to humans interacting with or using AI.
Third Parties shall ensure they have an appropriate responsible AI governance framework in place.
Third Parties’ use of AI shall impact the economy in a positive and inclusive way, meaning fostering healthy competition, inclusion, and innovation, including for consumers and smaller businesses.
Labor and Human Rights
eBay is an equal opportunity employer. Employment here is based solely upon ability. We don’t discriminate based on ethnicity, religious beliefs, national origin, ancestry, pregnancy status, gender or gender identity, age, marital status, disability, medical condition, sexual orientation, or on any other basis protected by the law. We will make reasonable accommodations to meet our obligations to accommodate disabilities and religious practices. We expect our Third Parties to adopt similar policies, and respect and protect fundamental human rights across their value chain in accordance with international standards set forth by the United Nations Universal Declaration of Human Rights and the International Labor Organization’s Fundamental Conventions, including:
Freely Chosen Employment. Forced, bonded, or indentured labor or involuntary prison labor is prohibited.
Child Labor. No person shall be employed younger than age 14 unless specifically permitted by laws of the country where the person is employed. Nor shall the Third Party interfere with a child’s education by employing a child in violation of a country’s compulsory education laws. Third Parties may use legitimate, voluntary workplace apprenticeship programs, such as student internships, as long as they comply with all laws and regulations. Workers under the age of 18 will not perform work that is likely to jeopardize their health, safety, or well-being.
Discrimination, Harassment, or Abuse. Every employee shall be treated with respect and dignity. No employee shall be subject to any physical, sexual, psychological, or verbal harassment or abuse. Third Parties will not engage in discrimination based on race, color, age, gender, sexual orientation, ethnicity, caste, disability, pregnancy, religion, political affiliation, union membership, or marital status, in hiring and employment practices such as promotions, rewards, and access to training.
Health and Safety. Third Parties will provide a safe and healthy work environment to prevent accidents or injury arising out of, linked with, or occurring in the course of work or as a result of the operation of employer facilities.
Wages, Benefits, Remuneration, and Working Conditions. Third Parties will pay applicable and fair legal wages under humane conditions, including maintaining reasonable employee work hours in compliance with applicable law and international standards. Third Parties will also promote and advance the ability of workers within their value chain to receive a living wage.
Women’s Rights. Third Parties will ensure women workers receive equal treatment in all aspects of employment.
Freedom of Association. Third Parties shall respect and recognize the right of employees to join and organize associations of their own choosing, and to bargain collectively. Employees shall not be subject to intimidation or harassment in the exercise of their right to join or to refrain from joining any organization.
Work Authorization. Third Parties will not knowingly employ individuals who are not authorized to work, as determined by governing law.
Armed Conflicts. Third Parties will take reasonable steps to assure the material used in the production and services they offer eBay do not originate from sources that directly or indirectly benefit armed groups that perpetrate human rights abuses.
Environmental Responsibility
eBay is committed to environmental responsibility. We seek to make a positive environmental impact through our actions, and we expect our Third Parties to share these ideas and goals. We actively seek and favor Third Parties that provide eco-efficient, sustainable products and services. We encourage our Third Parties to adopt the following strategic priorities:
Eco-Efficiency and Resource Reduction. Third Parties should maximize the eco-efficiency of products and services across the life cycle, including sourcing, manufacturing, distribution, transportation, use and end-of life. Waste of all types, including water and energy, are to be reduced or eliminated at the source or by practices such as modifying production, maintenance and facility processes, materials substitution, conservation, recycling, and re-using materials.
Hazardous Substances. Chemicals and other materials posing a hazard if released to the environment are to be identified and managed to ensure their safe handling, movement, storage, use, recycling or reuse and disposal.
Wastewater and Solid Waste. Wastewater and solid waste generated from operations, industrial processes and sanitation facilities are to be characterized, monitored, controlled, and treated as required prior to discharge or disposal.
Air Emissions. Air emissions of volatile organic chemicals, aerosols, corrosives, particulates, ozone depleting chemicals and combustion by-products generated from operations are to be characterized, monitored, controlled, and treated as required prior to discharge. Third Parties should manage energy consumption and utilize renewable energy sources when possible to support the reduction of greenhouse gas emissions.
Biodiversity. Third Parties are encouraged to evaluate biodiversity risks, including proximity to areas with high biodiversity importance. If biodiversity risks are identified, Third Parties are encouraged to implement programs or initiatives that protect or promote natural habitats, biodiversity, or management of soil.
Environmental Permits and Reporting. All required environmental permits (e.g., discharge monitoring), approvals, and registrations are to be obtained, maintained, and kept current and their operational and reporting requirements are to be followed.
Reporting. We may send periodic data requests which will support our environmental reporting needs, and we ask for your cooperation in our endeavor to improve our environment reporting and performance.
Cooperation with Regulators
Third Parties will cooperate with regulatory authorities, including, but not limited to, inquiries, audits, reviews, or investigations related to the business the Third Party is conducting with eBay. This Third-Party Code of Business Conduct and Ethics assists eBay in complying with its regulatory obligations in various jurisdictions, such as the UK’s Modern Slavery Act, and eBay expects Third Parties to take steps to also comply and work towards ensuring that there are no such practices in their supply chains.
Communication
External Communication. Third Parties will not knowingly publish false or otherwise inaccurate information either via press release, product or service advertisements, or any other means.
Reporting Ethics Issues or Other Concerns. eBay employee conduct is addressed by the eBay Code of Business Conduct and Ethics, eBay workplace policies, and employment agreements. If a Third Party believes an eBay employee’s conduct or actions may be improper or unethical, the Third Party is encouraged to report the concern to our Ethics and Compliance team by emailing askethics@ebay.com. Reports can also be made anonymously (by phone or web form) using eBay’s third-party managed Integrity Helpline.
Reporting Violations. Third Parties will notify eBay of any violations to this Code, any regulatory inquiries, audits reviews, or investigations related to the business the Third Party is conducting with eBay. Such notice shall be provided as soon as reasonably possible upon Third Party’s knowledge of such incident. Incidents should be reported to askethics@ebay.com.