Data Privacy Statement

HR Privacy Statement – All Jurisdictions

Last Updated: January, 2020

Introduction

The SharkNinja Operating LLC respects all concerns about privacy. This Privacy Statement explains the manner of how we will collect, use, disclose and otherwise handle your personal data if you are employed by or engaged in services with a SharkNinja entity. This Privacy Statement explains the manner in which the SharkNinja Human Resources (HR) System and the Talent Management System (TMS) process your personal data.

In this Privacy Statement, the term “SharkNinja”, or the data controller, refers to the particular SharkNinja entity that has hired you, engaged your services, or that you have otherwise engaged with in connection to work for SharkNinja. This Privacy Statement applies to SharkNinja applicants, associates, volunteers, agents, temporary and casual workers, consultants, trainees and contractors.

SharkNinja is committed to protecting the privacy of your personal data and to maintaining the confidentiality of HR related information in accordance with applicable laws and regulations, including data protection legislation, and SharkNinja’s corporate policies governing information security and data privacy. When necessary, the Privacy Statement may be updated to reflect changes in our personal data practices, and we will post a prominent notice on our site to notify you of significant changes.

Information We Collect

The categories of personal data that SharkNinja may collect, use, disclose and otherwise handle may vary by country and applicable law. For example, in Germany there are only certain categories of personal data that can be collected. The categories listed below are not exhaustive, and may change depending on day-to-day business or contractual needs, but may include:

  • personal contact details such as your name, associate identification number, work and home contact details (email, phone numbers, physical address), language(s) spoken, gender, date of birth, national identification number, next of kin, bank account information, marital status, disability status, emergency contact information and photograph; documentation required under immigration laws such as passport data, details of residency or work permit;
  • details of compensation, benefits and payroll such as base salary, bonus, benefits, compensation type, pay grade, salary step within assigned grade, details of awards, currency, pay frequency, effective date of current compensation, salary reviews, working time records (including vacation and other absence records, leave status, hours worked and department standard hours) and pay data;
  • details of your employment relationship such as contractual information, start and end employment date, probation periods, job title, assignment location, assignment category, length of service, retirement eligibility, promotions and disciplinary records, dates of transfers, and reporting manager(s’) and supervisor’s information;
  • talent management information such as details contained in letters of application and resume (previous employment background, education history, professional qualifications, language and other relevant skills, certifications, certification expiration dates), information necessary to complete a background check subject to applicable law, details of performance management ratings, development programs planned and attended, e-learning programs, performance and development reviews or willingness to relocate;
  • authentication credentials for the access and use of SharkNinja’s IT systems, networks and email systems, such as associate network user ID, password(s);
  • personal data collected automatically by use of SharkNinja’s IT systems such as IP addresses; and sensitive personal data where required or permitted by local law, such as health or medical information, information relating to trade union membership, religion, private life, race or ethnicity, sexual orientation and/or information relating to criminal records or the commission or alleged commission of a crime.

 This information helps SharkNinja to conduct its operations and manage its workforce. Your decision to provide personal data to SharkNinja is voluntary, except where personal data is:

  • collected without your consent in accordance with applicable law;
  • necessary in connection with your employment or services contract;
  • required by law; or
  • important to the performance of our business, subject to applicable law.

 Failure to provide your personal data may mean that SharkNinja is unable to properly conduct its operations or manage its workforce, particularly in relation to its payroll, tax and insurance obligations.

Purposes of Processing

SharkNinja processes your personal data to the extent necessary to perform your employment or services contract with us. This includes for:

  • Management and compensation, payroll, and benefit planning and administration (e.g., salary, tax withholding, tax equalization, awards, insurance and pension); and
  • supporting and enabling internal reporting, accounting, auditing, compliance, reimbursement and training programs relating to performance of the employment contract, work performance and growth within SharkNinja.

In addition, we process your personal data to support other human resources functions and activities for which we have a legitimate interest, including:

  • Workforce administration via a central repository;
  • Assignment management, job planning, recruitment and HR staffing;
  • Administration of training curricula, career development and disciplinary processes;
  • Allowing associates and managers to plan goals and upgrade job performance;
  • Organization of SharkNinja human resources at a global level, analysis and reporting relating to SharkNinja's workforce;
  • Operating, monitoring and managing IT resources, subject to applicable law;
  • Performing background checks, subject to applicable law; and
  • Authorizing, granting, administering, monitoring and terminating access to or use of company systems, facilities, records, property and infrastructure.

 In accordance with applicable law, we use personal information when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by a law that applies to us, including to:

  • Comply with legal and other requirements; and
  • Prevent, detect and prosecute criminal activities.

Your personal data may be processed utilizing both paper and electronic means.

Cross-border Transfer and Use of Personal Data

SharkNinja’s HR System, the Talent Management System, and other information technology infrastructure related to the processing described in this statement are housed at SharkNinja's data center in the Unites States (US) and/or on servers hosted by SharkNinja service providers outside the European Economic Area (”EEA”); this requires your personal data to be transferred outside of the EEA to countries that do not provide a level of data protection that has been deemed adequate by the European Commission. SharkNinja takes appropriate measures to ensure the protection of personal data when it is transferred to and resides outside of the EEA, in accordance with European data protection requirements, including by entering into the European Commission’s EU Standard Contractual Clauses with the data importer, or ensuring that the data importer has certified to the EU-U.S. Privacy Shield, or ensuring the data importer has implemented Binding Corporate Rules.

Access to your personal data is limited to authorized personnel (e.g., HR personnel, IT administrators and security and support staff) who have a need to access your personal data for the purpose of the responsibilities assigned to them. Your personal data may be accessed by authorized personnel based in locations outside of the EEA or the U.S. to the extent required to satisfy one of the purposes contained within this Privacy Statement, or to support the operations of the HR and TMS Systems and their supporting information technology infrastructure. 

Sharing of your Personal Data with Third Parties

Your personal data may be disclosed to individuals or companies outside SharkNinja as follows:

  • to external advisors, consultants and service providers hired by SharkNinja to perform services related to the purposes described in this Privacy Statement, including accountants, lawyers/legal service providers, tax/financial professionals, benefit providers, employee services providers, payroll administrators, human resources service providers, consultants, and contractors;
  • to external third parties, as permitted by applicable law, in the event of a disposal of or reorganization of part or all of the SharkNinja business; and
  • to government agencies, regulators or other competent authorities to the extent that SharkNinja has a legal duty or legitimate interest to disclose such information to them in accordance with applicable laws.
  • If your personal data are shared with such third parties, SharkNinja will take appropriate measures (including contractual) to ensure that such parties process your personal data in accordance with SharkNinja’s information security and privacy policies.
  • Your personal data will be shared with other entities in our group that have a legitimate need to access and process such data for the above-mentioned purposes. We will only share your personal data with our group entities where permitted by applicable law.

Security

We are committed to protect the security of the information we collect. SharkNinja maintains administrative, technical, organizational and physical safeguards designed to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your personal information in accordance with applicable privacy and data security laws. It is your responsibility to protect the confidentiality of your passwords, account information, and any other access features associated with your access or use of the website or our Products and Services, as well as to adhere to any applicable Terms of Use or other contract between us and you or your organization.

Deletion and Retention of Personal Data

SharkNinja will take reasonable steps to ensure that the personal data we process is reliable for its intended use, is accurate, up-to-date and complete, and is limited to the personal data required to carry out processing for the purposes described in this Privacy Statement. SharkNinja will delete inaccurate or erroneous data once we become aware of such errors. Where appropriate, SharkNinja may ask you to ensure that the personal data we hold for you is accurate and up-to-date.

HR personal data will be retained throughout your relationship with SharkNinja. Additionally, per the laws applicable to states and countries, SharkNinja may be required to keep your records for a longer period of time. 

Your Rights

Subject to applicable law, including under the General Data Protection Regulation (GDPR), you may have certain rights with respect to our processing of your personal data, which may include the right to request access to and rectification of the personal data we maintain about you, or to request the restriction of the processing of your personal data, or to object to that processing on grounds relating to your particular situation. Also, subject to applicable law, you may have the right to request erasure of your personal data from our systems and upon written request to request a copy of your personal data in a structured, commonly used, machine readable format.

California Consumer Privacy Act (CCPA) permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personally identifiable information, if any, and as well as the types of personally identifiable information disclosed to those parties. SharkNinja does not sell your personal information or share your personally identifiable information with third parties for their own marketing purposes.

If you would like to exercise any of these rights that apply to you, or ask a question, or raise a complaint regarding the processing of your personal data by SharkNinja, please contact our Data Privacy Team via privacy@sharkninja.com. You may also complete one of the following applicable webforms:

  • use ‘this webform’ to enforce Privacy Rights for the European Union and the United Kingdom.
  • use  ‘this webform’ to enforce Privacy Rights for Canada, United States, including Residents of California.

Please note, however, that certain personal data or certain uses of your personal data may be exempt from these rights pursuant to applicable law. You may lodge a complaint with the data protection authority in your country if you are not satisfied with our response.

You may directly view part of your personal data via the TMS or via the Employee Self Service Functionality while accessing the HR System. For some of your personal data, you can directly edit it (and change if inaccurate) yourself. Alternatively, you can notify your HR representative of any inaccuracies or errors.

 

Links, Third-Party Applications, and Software

Where we provide links to websites of other organizations or give you access to applications, software, or products provided by third parties, this Privacy Policy does not cover how that third-party processes personal information. Please understand that those third-party sites and products may have different terms of use and privacy policies. We are not responsible for the privacy practices of any third-party sites and products. We are also not responsible for the terms of use you may be required to agree to in order to use third-party sites and products.

How to Contact Us

If you have any questions about our information practices, please contact us by email at: privacy@sharkninja.com.