APPLICANT PRIVACY POLICY

This Applicant Privacy Policy (this “Policy”) supplements the information contained in the Otter Products, LLC Privacy Policy. This Policy describes the personal data Otter Products, LLC and its affiliated entities, Otter Products EMEA Unlimited and OtterBox Hong Kong Limited (individually or collectively, as the context may require, “Otter Products”, “us”, “we”) collects from or about all individuals who seek to be employed by Otter Products (collectively, an “applicant”). It describes how we use, disclose, transfer and process that information during our application and recruitment processes. We are committed to maintaining the confidentiality and accuracy of your personal data.

In addition to this Policy, Otter Products may adopt specific privacy practices to comply with requirements of the jurisdictions in which we operate. If you are unsure if or how this Policy applies to you, or the additional privacy practices we may follow, please submit a request using our Privacy Request Form for more information.

For the purposes of this Policy, personal information or personal data is any information which relates to an identified or an identifiable individual. Personal data does not include information which does not identify you as a specific individual, such as truly anonymous or non-personal data.

Otter Products Entity Responsible for Your Personal Information

The Otter Products entity responsible for your personal data will depend on the location of the position(s) for which you apply.

If you apply for a position located in the EMEA region, Otter Products EMEA Unlimited and Otter Products, LLC are joint controllers of your personal data.

If you apply for a position located in the Asia Pacific region, OtterBox Hong Kong Limited and Otter Products, LLC are joint controllers of your personal data.

If you apply for a position located in the United States, Otter Products LLC is the controller of your personal data.

CCPA Notice at Collection for California Applicants

We collect and use personal data for human resources, employment, benefits administration, health and safety, and business-related purposes and to be in legal compliance with applicable laws. The following sections detail the categories of Personal data we collect and the purposes for which we intend to use this information.

If you have any questions about this Policy or need to access this Policy in an alternative format due to having a disability, please contact AccommodationRequest@otterproducts.com or 1-855-688-7269.

Information We Collect

We collect different types of personal data from or about our applicants. We collect information directly from you in connection with your application. We also collect information from third parties such as references and prior employers.

During the application and recruitment processes, we may collect personal data including, but not limited to:

• contact information, including your name, home address, telephone number, and personal email address
• personal data contained in your resume or CV, cover letter, and other relevant experience, education, transcripts, or information you provide to us as part of the application and recruitment processes
• information you provide during phone-screenings or interviews
• details regarding your expectations for employment, including current and/or desired salary and other terms relating to compensation and benefits packages, willingness to relocate, or other job preferences
• information contained in work authorizations or permits
• information we obtain from your references, such as their opinions of your performance in previous roles, your professional strengths and weaknesses, and your ability to perform the duties of the position for which you applied

You may choose to voluntarily share data that is categorized as sensitive personal data or ‘special category data’ with us in your resume or CV, cover letter, and other information you provide to us as part of the application and recruitment processes including, but not limited to:

• demographic data you voluntarily provide that may be sensitive in nature, including your gender and racial or ethnic origin for the purposes of monitoring equal opportunity, provided such collection is consistent with applicable laws
• medical or health information you voluntarily provide to us, such as disability status, provided such collection is consistent with applicable laws
• other data categorized as sensitive personal data or ‘special category data’ such as your race, gender, ethnicity, political opinions or beliefs, membership of a trade union or political party, physical or mental health information, sexual orientation, religious or philosophical beliefs, data concerning health, genetic and biometric data or information related to criminal convictions or offences, provided such collection is consistent with applicable laws

Where you voluntarily provide us data that is categorized as sensitive personal data or ‘special category data’ you expressly consent and permit Otter Products to handle such information in accordance with this Policy and applicable laws. You may withdraw your consent at any time by using our Privacy Request Form.

While you visit or use our Websites, certain information, including personal data, is automatically collected about your use of the Websites and services. Please refer to the Log Files, Cookies, and Other Tracking Technologies section in the Otter Products, LLC Privacy Policy.

If you provide us with personal data, including the name and telephone number, of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing the information to us. By providing the individual’s personal data to Otter Products, you are confirming that you have obtained that individual’s prior consent.

Use of Your Personal data

The personal data we collect is used for our business purposes as it relates to our application and recruitment processes. These business purposes include:

• communicating with you throughout the application and recruitment processes
• assessing your skills and qualifications and determining your eligibility for employment
• verifying your information, including conducting reference checks with the reference contacts you provide
• conducting background checks upon a job offer where permitted under applicable laws
• complying with applicable labor or employment requirements, laws and regulations, including monitoring for equal employment opportunity
• assisting you with obtaining an immigration visa or work permit, if required
• to contact you regarding other positions for which you may qualify

If offered and you accept a position, all personal data you provide to us as part of the application and recruitment processes will become part of your employment record. Upon hire, the information you have provided may be subject to subsequent uses with your consent which will be described in the employee privacy policy for the specific Otter Products entity for which you are employed, provided to you upon hire.

For applicants located in the European Economic Area (“EEA”), the lawful basis we use to process your personal data are as follows:

• your consent
• the legitimate interests of Otter Products, such as to transmit personal data for internal administrative purposes, to protect our legal rights, to defend legal claims, and to ensure information security including preventing unauthorized access to our computer systems and data.
• to comply with a legal obligation
• for the performance of a contract and/or
• where necessary to protect the vital interests of you or any person

Where the collection or processing is based on your consent, you may withdraw your consent at any time to the extent permitted by applicable law using our Privacy Request Form. Your personal data will be processed in accordance with applicable laws and this Policy.

When We Share or Disclose Your Personal Information

We may disclose your personal data to third parties that provide services to us for the purposes described above. These third parties are authorized to use your personal data only as necessary to provide these services to us, pursuant to written instructions and are required to have at least the same levels of protection afforded to you by us. These companies are not allowed to use personal data they receive from us for any other purpose and we will always seek to ensure that any third parties who handle your personal data will do so in a manner consistent with this Policy and in accordance with applicable law.

Otter Products, LLC may provide your personal data to our affiliated entity Otter Products EMEA Unlimited, located in Ireland, when you apply for Otter Products EMEA Unlimited positions or OtterBox Hong Kong Limited, located in Hong Kong, when you apply for OtterBox Hong Kong positions for application and hiring purposes, pursuant to contractual safeguards.

Otter Products EMEA Unlimited and OtterBox Hong Kong Limited may share the personal data that you provide with its affiliate entity, Otter Products, LLC, which is located in the United States. Otter Products, LLC is authorized to only use your personal data limited the purposes necessary to provide services to us, pursuant to contractual safeguards.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may transfer your personal data to regulatory authorities (including tax authorities), government agencies, parties in legal proceedings involving Otter Products (including Otter Products’ legal or other advisors), and to third parties with whom Otter Products may collaborate or engage in acquisition transactions. We reserve the right to disclose your personal data as required to by law, such as to comply with a subpoena, or similar legal processes, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or response to a government request.

International Transfer of Personal Information

To facilitate our operations, we may transfer, store and process your personal data in jurisdictions other than where you live including in the United States. If you are located in the European Economic Area ( “EEA”), United Kingdom ( “UK”) or Switzerland this may include countries outside of the EEA, UK or Switzerland. Laws in these countries may differ from the laws applicable to your country of residence. For instance, if you are a EEA data subject and your personal data is shared with our affiliates, partners, or third-party service providers acting on our behalf outside of the EEA, then it is done pursuant to necessary means to ensure an adequate level of protection and in accordance with applicable laws. Some of these countries are recognized by the European Commission as providing an adequate level of protection according to EEA standards, however, for transfers to other countries, Otter Products has put in place adequate measures, such as execution of standard contractual clauses adopted by the European Commission, to protect your information.

EU-U.S. Data Privacy Framework with UK-U.S. Extension, and Swiss-U.S. Data Privacy Framework

Otter Products, LLC participates in and has certified its compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. Data Privacy Framework (UK-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). Otter Products, LLC is committed to subjecting all personal data received from European Union (EU) member countries, the United Kingdom (and Gibraltar), and Switzerland, respectively, in reliance on the relevant parts of the Data Privacy Framework (DPF) Program, to the DPF Principles. To learn more about the DPF, and to view our certification, visit the U.S. Department of Commerce’s Data Privacy Framework List.

Otter Products, LLC is responsible for the processing of personal data it receives, under each DPF, and subsequently transfers to a third-party acting as an agent on its behalf. Otter Products, LLC complies with the DPF Principles for all onward transfers of personal data from the EU, the United Kingdom and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the DPF, Otter Products, LLC is subject to the investigatory and regulatory enforcement powers of the U.S. Federal Trade Commission (FTC). In certain situations, Otter Products, LLC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based alternative dispute resolution provider (free of charge) at TRUSTe Feedback and Resolution System.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Otter Products, LLC commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship.

Under certain conditions you may invoke binding arbitration when other dispute resolution procedures have been exhausted, more fully described on the DPF website.

Protection of Your Personal data

Otter Products is committed to protect your personal data against unauthorized or accidental destruction; alteration or disclosure; accidental loss; unauthorized access; misuse; unlawful processing; and damage. We make every effort to follow best practices and implement appropriate, commercially reasonable physical, technical, and administrative safeguards to protect the confidentiality and security of your personal data. Still, no system can be guaranteed to be 100% secure. If you have questions about the security of your personal data, or if you have reason to believe that the personal data that we hold about you is no longer secure, please contact us immediately as described in this Policy.

Updating and Accessing Your Personal data: Your Rights

You have the following rights as regards your personal data:

• Access: you have the right to obtain confirmation that we process personal data about you, request information about how we process your personal data and obtain a copy of that personal data.
• Rectification or Update: if your personal data is inaccurate or incomplete, you have the right to request we rectify or update your personal data.
• Objection or Opt-Out: you have the right to object to your personal data being processed
• Erasure or Deletion: you have the right to have your personal data erased
• Automated decision making: you have the right not to have a decision made by you based on automated processing, including profiling. However, Otter Products will not be using automated decision making, including profiling, during the application process.
• Restriction: you have the right to restrict the processing of your personal data
• Portability: you have the right to have your personal data provided to you in a machine readable format and to have that information transferred.
• Complaints: if you wish to raise a complaint on how we have handled your personal data, you can contact us by using our Privacy Request Form. If you are located in the EEA you also have the right to lodge a complaint with a Data Protection Authority.

Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation. Where Otter Products is unable to comply with your request, we will inform you in writing of the reason why we are unable to do so. We will respond to your request within thirty (30) days of receipt, or as required by applicable laws.

For any questions or privacy requests, please contact Otter Products by using our Privacy Request Form.

Retention of Your Personal data

We will retain your personal data for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods may include one or more of the following: (a) as long as we have an ongoing relationship with you; (b) as required by a legal obligation to which we are subject; and (c) as advisable in light of our legal position (such as with respect to applicable statutes of limitations, litigation, audits, or regulatory investigations).

Changes to This Policy

We may update this Policy and its last updated date to reflect changes to our data governance practices. If we make any material changes, we will notify you by email or by means of a notice on this Website or by an email to your address on file prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Information

If you have any questions regarding this Policy or concerns about how we manage your personal data, please submit a request using our Privacy Request Form.

This Policy was last updated on September 15, 2023.