Terms & Conditions of Use related to receiving the invitation to the Shareholders Meetings of BASF SE by email 1. Scope of application The following Terms & Conditions of Use ( Terms and Conditions ) are applicable to all individuals or institutions that have chosen to receive the invitation to Shareholders Meetings of BASF SE by email. 2. Stability and availability of the online service for Shareholders Meetings The technical and organizational measures we have taken to provide for the availability and performance of our online services and data security conform to the latest standards. However, given the current state of the technology, fluctuations and disruptions in the availability, performance, stability and reliability of our online services may occur. BASF SE has no control over the availability, performance, stability and reliability of the telecommunications network or the Internet services and network elements provided by third parties. BASF SE cannot guarantee, nor accept any liability for, the availability, performance, stability and reliability of the telecommunications network, the Internet services and network elements provided by third parties, or the uninterrupted access to our online services. Furthermore, BASF SE does not accept any responsibility whatsoever for errors and defects in the hardware and software used for the online services, including hardware and software of the service companies involved, provided there has been no intentional wrongdoing or gross negligence. If security concerns so require, BASF SE reserves the right to suspend or discontinue our online services without further notice. If you experience any technical problems, please call the BASF shareholder hotline at +49 180-2- 2273111, which is available Monday to Friday from 9 a.m. to 6 p.m. (6 cents per call from the landline network of Deutsche Telekom, a maximum of 42 cents per minute from German mobile networks). 3. Notes on data protection The security of your personal data and the protection of your privacy are of paramount importance to BASF SE. Our personal data security measures comply with state-of-the-art technology. In the course of operating the online service for Shareholders Meetings, we will store, process and use your data exclusively for the following purposes: Registration to receive the invitation to the Shareholders Meetings by email Online inspection of your entry in the share register Online update of your postal address in the share register Online ordering of admission cards to the Shareholders Meeting
Seite 2 Online authorization and instructions of persons appointed by BASF SE or if offered banks and shareholders associations participating in the online service or third parties of your choice to vote on your behalf Providing information about products of BASF Group companies, if you do not expressly object to this (see point 9 below). In order to comply with the requirements under German stock corporation law to supply evidence, we will archive the data that you provided online when authorizing representatives to vote on your behalf, together with the associated voting instructions (under conditions protected against access) for a period of three years. 4. Registration to receive the invitation to the Shareholders Meetings by email We require your express consent in order to be able to send you the invitation to the Shareholders Meetings of BASF SE by email. You can provide this consent using our online service when registering to receive the invitation to the Shareholders Meetings by email. If you successfully complete your registration no later than approximately seven weeks prior to a Shareholders Meeting of BASF SE, you will promptly receive the invitation to the next upcoming Shareholders Meeting of BASF SE by email at your designated email address. Later registrations will only be valid for the Shareholders Meeting in the following financial year. If you have registered for this service but do not receive the invitation to the Shareholders Meeting by email in time, please call the BASF shareholder hotline at +49 180-2-2273111, which is available Monday to Friday from 9 a.m. to 6 p.m. (6 cents per call from the landline network of Deutsche Telekom, a maximum of 42 cents per minute from German mobile networks). 5. Registration data Email address Please provide an email address that you use regularly. If we send you emails while preparing the Shareholders Meeting and these emails bounce back, we will resend the invitation to you by regular mail. Moreover, each shareholder is responsible for ensuring that his or her designated email address is capable of receiving emails and that incoming emails can be read. If your email address changes, please inform us via the online service (www.basf.com/agm-service). Password You must choose a personal password in order to register to receive an email invitation to the Shareholders Meetings. Please make sure to keep this password secret. You will need it in the future to change your registration information, to check your entry in the share register, to notify us of a change in your postal address, and to register for the Shareholders Meeting. Partnerships / Legal entities Please note that when shareholders are entered into the share register as a group of people (e.g., married couples), partnership or a legal entity, the person conducting the online registration or making changes to the registration data must be authorized to do so by all
Seite 3 members of the group, by the legal entity/partnership for which it is acting or have the right to represent the legal entity/partnership. 6. Registering for the Shareholders Meetings after registration for email invitations Once you have registered to receive the invitation to the Shareholders Meetings by email, we will no longer automatically send you a printed form to register for the Shareholders Meeting. You may register for the Shareholders Meetings using the online service for Shareholders Meetings. You can order admission cards online for yourself or third parties to attend the Shareholders Meetings in person, or authorize the proxies appointed by BASF SE to vote on your behalf without ordering an admission card. Furthermore, BASF may extend the online service to the authorization of banks or shareholders associations. In this case you may authorize banks and shareholders associations participating in the online service using the online service at www.basf.com/agm-service. Select Authorization of a bank or a shareholders association. If you want to use the online service to authorize a bank or a different shareholders association or a third party of your choice not participating in the online service to vote on your behalf, you must order an admission card. You can either have the admission card sent directly to a bank or shareholders association or a third party. The online service includes an option called Admission card requests for the following person for this purpose. Alternatively, you can have the admission card sent to your address via the online service or you can print out the admission ticket yourself. You may use the proxy form on the admission card to authorize a bank, a shareholders association or a third party and then forward it to the authorized representative. Please ask for deviating modalities of granting authorizations directly at your bank or shareholders' association or other representative. Please note that many banks are no longer willing to act as proxy. Please contact your bank first to avoid your votes being lost. If you want to authorize a bank, a shareholders association or a third party outside the online service, we can also send you a proxy form upon request. For this, please call the BASF shareholder hotline at +49 180-2-2273111, which is available Monday to Friday from 9 a.m. to 6 p.m. (6 cents per call from the landline network of Deutsche Telekom, a maximum of 42 cents per minute from German mobile networks), write to BASF SE, c/o ADEUS Aktienregister-Service-GmbH, 570364, 22772 Hamburg, Germany, or email hvservice@basf.com. Furthermore, you are free to authorize a bank, a shareholders association or a person of your choice in any other form permitted by law. 7. Changing your registration information; withdrawal of consent The online service for registration to receive the invitation to the Shareholders Meetings by email is available to you throughout the year at www.basf.com/agm-service. You can change your email address or your password using the online service. You can also withdraw your consent to receive future invitations to Shareholders Meetings by email. If you withdraw your consent to receive future invitations to Shareholders Meetings by email, you will receive the invitation to the Shareholders Meetings by regular mail again. It is possible to withdraw your consent at any time. However, if the withdrawal occurs after the
Seite 4 technical preparations relating to the delivery of invitations to the Shareholders Meeting have already begun, the withdrawal will only apply to the Shareholders Meetings following thereafter. In this case we will endeavor to additionally send you the current invitation by regular mail. 8. Disposal of your BASF shares If you have disposed of all your BASF SE shares between two Shareholders Meetings and then acquire shares in BASF SE again up to approximately seven weeks before the next Shareholders Meeting of BASF SE, then the consent you had provided to receive the invitation to the Shareholders Meetings by email before you disposed of your shares will continue to apply. Approximately seven weeks before each Shareholders Meeting, we will check which individuals registered for email delivery are listed with shares in the share register, in order to prepare for the delivery of invitations. If you have no shares listed in the share register at that point, your consent to receive the invitation to the Shareholders Meeting by email will be cancelled automatically. If you acquire BASF SE shares again at a later date, you will receive the invitation to the Shareholders Meeting of BASF SE by regular mail. 9. Information about BASF right to refuse If you, as a shareholder listed in the share register, do not wish to receive information about the BASF Group, please inform BASF SE and provide your shareholder number by calling the BASF shareholder hotline at +49 180-2-2273111, which is available Monday to Friday from 9 a.m. to 6 p.m. (6 cents per call from the landline network of Deutsche Telekom, a maximum of 42 cents per minute from German mobile networks), or by writing to BASF SE, c/o ADEUS Aktienregister-Service-GmbH, Postfach 570364, 22772 Hamburg, Germany, or by email to hv-service@basf.com. You will not incur any costs, apart from transmission costs at the basic rates. Each time we use the data we have stored on you in the share register for the purpose of sending you information about the BASF Group, we will draw your attention to your right to refuse. If you object to the use of your data for the purpose of sending you information about the BASF Group, this decision will in no way affect your registration to receive the invitation to the Shareholders Meetings by email. 10. Changes to the Terms & Conditions of Use We will notify you of any changes regarding these Terms & Conditions via the email address provided by you for receiving the invitation to the Shareholders Meetings by email. Any changes will be deemed to have been accepted if you do not object in writing to, or withdraw your consent to, receiving the invitation to the Shareholders Meetings by email via our online service within one month of receiving the email in which you had been informed of the changes. We will draw your attention to your right to object when we inform you of any changes.
Seite 5 You can send your objections in writing to BASF SE, c/o ADEUS Aktienregister-Service- GmbH, Postfach 570364, 22772 Hamburg, Germany, or email hv-service@basf.com. You will meet the deadline if you send your withdrawal in time. You can also withdraw your consent to receive the invitation to the Shareholders Meetings by email at any time using our online service (www.basf.com/agm-service). Amendments to, or modifications of, these Terms & Conditions are particularly likely if we expand the technical capability of our online service, or if we intend to take account of changes in regulations, in particular provisions relating to the German Stock Corporation Act. It is thus necessary for these Terms & Conditions to apply uniformly to all those who receive invitations to Shareholders Meetings by email. If you, therefore, wish to object to an amendment of the Terms & Conditions of Use and to the notes on participation, we will treat your objection simultaneously as a withdrawal of your consent to receive the invitation to Shareholders Meetings by email. From that point onward you will once again receive your invitation to the Shareholders Meetings by regular mail.