Robotics Privacy Notice

 

This notice was last updated on January 1, 2021.

 

1. Why should you read this?

 

We’d like to ask you to please read this Privacy Notice (“Notice”) as it explains who we are and what we do we do with your data. We’ve tried to make this notice clear and simple, but if you have any questions or comments, please let us know.

 

 

2. What does this notice apply to?

 

This notice applies to the SharkNinja products you register with us and any mobile application (the “App”) that provide support to these products.

 

 1. Who are you?

 

We are SharkNinja (“we”, “us”, “our”). We are committed to safeguarding the privacy of our customers and users (that’s “you”).

 

We aim to be transparent and ensure you understand our privacy practices including the information we collect, why we collect it and how it is used and shared.

 

 2. Who is the data controller?

 

For the purpose of this Notice, the data controller of the information you provide to us will be:

 

SharkNinja Operating LLC

Controller for the App service, Internet of Things infrastructure and customer services in North America, Canada, Australia and New Zealand.

Euro-Pro Europe Limited

Controller for guarantee fulfilment and customer services in the European Region.

SharkNinja Co. Ltd

 

Controller for customer services in Japan.

 

That means we decide what information is collected, why, how and/or what for. It also means we are responsible for keeping it safe and letting you know what we do with it.

 

 3. How can you get in touch with SharkNinja?

 

There are many ways you can contact us, including by email and post.

 

Our postal address:

If you are in the EU:

Kurt – Blaum – Platz 8, 63450 Hanau, Germany

If you are in the UK:

3150 Century Way, Thorpe Park, Leeds, West Yorkshire, LS15 8ZB

If you are in North America:

89 A Street #100, Needham, Massachusetts, 02494

If you are in the APAC Region:

Level 11 TsaoHibiya, 3-3-13, Shinbashi, Minato-ku, Tokyo 105-0004

 

Our email address:

If you are in the EU:

privacy-EU@sharkninja.com

If you are in the UK:

privacy-UK@sharkninja.com

If you are in North America:

privacy@sharkninja.com

If you are in the APAC Region:

privacy-jp@sharkninja.com

 

Our European representative is Euro-Pro Europe Limited, based in the United Kingdom and can be contacted by email at: privacy-EU@sharkninja.com and by post at: 3150 Century Way, Thorpe Park, Leeds, West Yorkshire, LS15 8ZB.

 

If you have any queries or concerns about how we use your personal information, please contact our DPO at DPO@Sharkninja.com

 

4. How do we get information?

 

We may collect and process contact information that you have provided directly to us when you download and install the App in your device(s), register one of our products, create an account and/or use our customer service. We also collect identifiers such as cookie IDs, which may be linked to cookies that are deployed on our website. To learn more about these cookies, please see our Cookie Notice on our website.

 

5. What personal information do we collect?

 

By “personal information”, we mean any information about an individual from which that person can be identified (i.e. you).

 

You provide certain personal information when using the App. This includes:

 

Account and contact details

When you create an account, you provide us with some basic details necessary for the service to work, such as your email address.

The controller of this information is SharkNinja Operating LLC.

 

Smart Data

When you own one of our smart technology products, which are internet-enabled and operated through the App, each of which may allow the product to transmit data wirelessly to us, we will collect: use statistics, such as battery life and health, number of missions, IP address, product MAC address, and cleaning map of the environment accessible to certain models of the connected products, login data for authentication purposes, country location and time zone settings. Our smart products do not transmit this information unless you register one of our products online via the App.

The controller of this information is SharkNinja Operating LLC.

Customer service

If you contact our customer service team, we collect the information you give us during the interaction, which will often include your name, contact information and other personal details. Your call may be recorded for the purpose of quality, training and defence against a legal claim.

The controller of this information is:

-          If you are based in Japan: SharkNinja Co. Ltd

-          If you are based in the EU and the UK: Euro-Pro Europe Limited

-          If you are based in North America, Australia and New Zealand: SharkNinja Operating LLC

Device information

We collect information from and about the device(s) you use to access our services. When you log on the application, we collect technical data about your equipment. This can include your internet protocol (IP address), login data, time zone setting and country location, operating system and platform. We collect this personal information by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit websites that employ our cookies. Please see our cookie Notice on our website for further details.

The controller of this information is SharkNinja Operating LLC

Hardware and software information

Such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, version and language, operating system, time zones.

The controller of this information is SharkNinja Operating LLC

Information on your wireless and mobile network connection

Like your service provider and signal strength.

The controller of this information is SharkNinja Operating LLC

Usage Information

We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in).

The controller of this information is:

-          If you are based in Japan: SharkNinja Co. Ltd

-          If you are based in the EU and the UK: Euro-Pro Europe Limited

-          If you are based in North America, Australia and New Zealand: SharkNinja Operating LLC

Approximate location based on your network server

We can collect your approximate location based on your network server through various means, depending on the service and device you’re using, including Bluetooth or Wi-Fi connections. We collect this information to provide you with services that fit your needs. We will not collect or track your exact location, including GPS coordinates.

The controller of this information is SharkNinja Operating LLC.

Feedback

If you want to assist us by providing invaluable feedback on new and innovative products by participating in our Consumer Insights or Product Review programmes, we will collect your name and contact information. As part of these activities, we may also collect personal information that includes your gender, age range, geographical location, size of your household, whether you have pets or children and use social media. Whilst this information on its own may not directly identify you, it could do when pieced together.

The controller of this information is:

-          If you are based in Japan: SharkNinja Co. Ltd

-          If you are based in the EU and the UK: Euro-Pro Europe Limited

-          If you are based in North America, Australia and New Zealand: SharkNinja Operating LLC

 

Your requests

If you contact us to exercise your data protection rights, we will collect the personal information that you provide in your request.

The controller of this information is:

-          If you are based in Japan: SharkNinja Co. Ltd

-          If you are based in the EU and the UK: Euro-Pro Europe Limited

-          If you are based in North America, Australia and New Zealand: SharkNinja Operating LLC

 

If the personal information we hold about you is incorrect, please let us know.

 

You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with the services you have requested or access to the App or certain parts of the App, or you may not be able to fully utilise all of our services.

 

 6. Why do we collect personal information and what is our legal basis for doing so?

 

We will only use your personal information in accordance with the applicable data protection

laws. We will use your personal information in the following circumstances:

 

Legal basis

This includes

To perform a contract when you participate in Consumer Insights

·       Participating in Consumer Insights related to the App or the associated products

·       Sharing your personal information within SharkNinja entities, call centres and distributors for the performance of the contract between you and us

Where it is necessary for our legitimate interests of testing, monitoring, tailoring and improving the effectiveness of our App and products, as well as for any purchaser or prospective purchaser of our company

·       Monitoring performance of the App

·       Diagnose and fix technology problems and improve the performance of the App or a product

·       Inviting you to provide feedback, take a survey or write an App or product review

·       Sharing your personal information within SharkNinja entities for internal administrative purposes, including the processing of your personal information as user.

·       In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), we may transfer or disclose your personal information to a purchaser or prospective purchaser for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired.

·       Processing the approximate location based on your network server to provide a service that fits your needs.

Where we need to comply with a legal or regulatory obligation

·       Recording details of Data Subject Requests

·       Notifying you of changes to our Notice or Terms and Conditions

·       Ensuring the personal information we hold about you is up to date and accurate

·       Adhering to legislation regarding consumer rights and personal injuries

·       Requests to disclose information to law enforcement or regulatory bodies

·       Protecting our rights or those of any other person, including fraud prevention and investigation

 

 7. How long do we keep your personal information?

 

We generally retain personal data for as long as needed for the specific business purpose or purposes for which it was collected. In some cases, we may be required to retain personal data for a longer period of time based on laws or regulations that apply to our business or for other necessary business purposes.

 

8. How do we share your personal information?

 

We share your personal information with our carefully selected service providers who facilitate services to you on our behalf. We have contracts in place with these providers that stipulate they cannot do anything with your personal information without instruction from us and they will only receive the personal information necessary to fulfil their service via secure methods.

 

We will share your personal information as outlined below:

 

Shared with

Why

SharkNinja Group

When it is necessary for operational reasons such as the use of a group-wide logistics and IT infrastructure and for any administrative purposes.

Distributors and Customer Call Centre

Provide support to our consumers regarding our products and services.

IT Service Providers

To host and manage our systems, applications and data storage.

Google Analytics

To provide insights on how we can improve the performance of our App and your consumer experience.

A law firm

When we require legal services, such as a defence against a legal claim.

Law enforcement authorities or regulatory bodies, or other appropriate parties

If we are required to do so by law, e.g. to respond to a subpoena.

Purchaser or prospective purchaser of our company

In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), or in the course of due diligence connected to such a transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired.

 

9. International Transfer of Personal Information

 

SharkNinja is a global company. Our corporate office is in the United States and we have a number of offices located around the world. The personal information that we collect may be stored, processed and transferred between any of the countries in which we operate due to our global systems, processes and procedures. When transferring your Personal Information outside of your country, we take the steps required by law to transfer data to another country as well as ensure your Personal Information is always kept safe in line with our standards.

 

If you are based in Europe, please be aware that the Personal information that you provide may be transferred to countries outside of the European Economic Area (EEA), including Canada, Japan, the United States of America, Colombia, Morocco and the United Kingdom. Some recipients outside of the EEA may be located in countries for which the European Commission has issued adequacy decisions, so the transfer is thereby recognized as providing an adequate level of data, including the U.S. when the recipient is Privacy Shield certified. Whether the recipients outside the EEA are located in countries where there is no adequacy decision issued by the European Commission, we have put additional safeguards in place, such as entering into appropriate data transfer agreements based on Standard Contractual Clauses or other adequate means, as required by applicable European laws.

 

 3. Security of your personal information

 

We do our best to keep your personal information safe at all times. To achieve this, we take every reasonable technical and organisational step to prevent the loss, misuse, unauthorised access or alteration of your personal information.

 

We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

 

The information you submit via our App is encrypted and we store all electronic personal information on servers to the latest security standards.

 

Whilst we can take every precaution to protect your personal information, it is important that you keep your passwords, account details and other user information secure and confidential.

 

We have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

 

We will NEVER contact you and ask you to provide us with your password. Nor will we require it if you contact our customer services team by telephone, email or live chat. If someone asks you for this do NOT give them your password and please let us know this has happened.

 

1. How do you consent, update your preferences, or opt-out of marketing communications?

 

We include an unsubscribe link in all our email communications, which removes you from receiving further communications. You will be then notified that your un-subscription was successful.

 

2. What are your Data Protection Rights?

 

All of our customers and users may access, correct, and/or update your information by directly accessing any accounts or profiles that you have created with us.

 

Where required by applicable law, you may have the right to: request access to information that we hold about you; request corrections or updates to your personal information; or, in some cases, ask us to erase your personal information to the extent that we are not required to retain it by law. This includes:

 

 

If you are in the EU

US - If you are a California or Nevada resident

If you are in Australia

If you are in Japan

Right to restriction of processing: You may have the right to request restriction of processing of your personal information, in which case, it would be marked and processed by us only for certain purposes.

 

Right to object to processing: where we rely on legitimate interests to process your personal information, you may have the right to object to the processing of your personal information by us. In general, you have the right to object to processing of your personal information for direct marketing. If you have a right to object and you exercise this right, your personal information will no longer be processed for such purposes unless otherwise authorised by law.

 

Right to not to be subject to automated decision making – you can choose not to be subject to decisions based solely on automated means which produce legal effects concerning you or similarly significantly affect you.

 

Right to data portability: You have the right to ask us to transfer your personal information to a third party. We will provide to you, or the third party you have chosen, your personal information in a structured, commonly used, machine-readable format.

 

Right of withdrawal: You have the right to withdraw your consent at any time with effect for the future. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

 

Right to complain: You may have a right to lodge a complaint with a local supervisory authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

 

Where the processing of your information is subject to the California Consumer Privacy Act of 2018 you may also have the following rights:

·       California Non-Discrimination: You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

·       California: CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. We do not engage in such activity (as it is defined under the CCPA) and have not engaged in such activity in the past twelve months from the effective date of this Notice.

·       Nevada: You have the right to opt-out of the sale of your personal information. We do not sell your personal information.

 

 

Right to complain: If you wish to make a complaint about a breach of Australian privacy laws or privacy principles, you can contact us using the details in section of 5 above and we will take reasonable steps to investigate the complaint and respond to you. If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner.  To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.

You have the right to request the disclosure, correction, erasure or suspension of use of your personal data, and we are obliged to meet your request without undue delay.

 

For further information on your rights as a data subject, please refer to Art. 25 to 27 of the Act on the Protection of Personal Information (“APPI”) in Japan.

 
3. How to exercise your rights

 

You can exercise your rights at any time by contacting us outlining the reason for your request. We may ask you to provide proof of identity before we can answer the above requests. We will then endeavour to complete your request within one calendar month from confirming your identity but will keep you informed should we require a little more time.

 

To contact us please click here or email us at the addresses listed in section 5 above “How can you get in touch with SharkNinja?”

 

Further, if you are a California “resident” you may have certain rights regarding your “personal information” (as those terms are used in the California Consumer Privacy Act, or CCPA). Please do not rely on the below information and disclosures if you are not a resident of California.

 

Specifically, if you are a California resident, the CCPA allows you to request us to:

  • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
  • Provide access to and/or a copy of certain personal information we hold about you.
  • Delete certain personal information we have collected from you (if any), provided that we may retain information for certain important business purposes such as billing, auditing, security and anti-fraud and defending our legal rights and legal compliance.
  • Provide you with information about the financial incentives that we offer to you, if any.

The CCPA also affords you the right to not be discriminated against (as provided for in applicable law) for exercising your rights. Certain information may be exempt from these requests, under California law.

We also will take certain steps to verify your identity before responding to a request, which may include verifying your name and address, email address, purchase history or other information we hold about you. You are also permitted to designate an authorized agent to submit certain requests on your behalf. However, we will require any such agent to demonstrate that it is acting on your behalf and/or has a power of attorney to do so.  We may also follow up with you to verify your identity before processing the authorized agent’s request.

To exercise any of the above rights, you may contact us either by post mail or by email, at the email address(es) listed in section 5 above, i.e., “How can you get in touch with SharkNinja?”

 

 4. How often do we review this notice?

 

We keep this notice under regular review to make sure it is up to date, accurate and reflects the latest guidance on how to communicate our Data Protection obligations with you. We will ensure the most recent version is available on our App and we will tell you directly when there is an important change that may impact you.