JOHNSON OUTDOORS INC.
September 24, 2008
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the requirement under European Union law that "adequate" protection be given to personal information transferred from the EU to the United States. Consistent with its commitment to protect personal privacy, the Companies adhere to the Safe Harbor Principles.
To learn more about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor/.
This Policy applies to all personal information received by the Companies in the United States from the EU or elsewhere, in any format including electronic, paper or verbal. "Personal information" means any information or set of information that identifies or is used by or on behalf of the Companies to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information. "Sensitive personal information" means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual's health. In addition, the Companies will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles, and are as follows:
- Notice. Where the Companies collect personal information directly from individuals in the EU or elsewhere, they will inform them about the type of personal information collected, the purposes for which they collect and use the personal information, and the types of non-Agent third parties to which the Companies disclose or may disclose that information, and the choices and means, if any, the Companies offer individuals for limiting the use and disclosure of their personal information. "Agent" means any third party that collects or uses personal information under the instructions of, and solely for, the Companies or to which the Companies disclose personal information for use on their behalf. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to the Companies, or as soon as practicable thereafter, and in any event before the Companies use or disclose the information for a purpose other than that for which it was originally collected. Where the Companies receive personal information from their subsidiaries, affiliates or other entities in the EU or elsewhere, they will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
- Choice. The Companies will offer individuals the opportunity to choose ("opt-out") whether their personal information is: (a) to be disclosed to a non-Agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, the Companies will give individuals the opportunity to affirmatively and explicitly ("opt-in") consent to the disclosure of the information to a non-Agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. The Companies will provide individuals with reasonable mechanisms to exercise their choices.
- Data Integrity. The Companies will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. The Companies will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete and current.
- Onward Transfer. The Companies will obtain assurances from their Agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by Agents include: a contract obligating the Agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the Agent, or being subject to another European Commission adequacy finding. Where the Companies become aware that an Agent is using or disclosing personal information in a manner contrary to this Policy, the Companies will take reasonable steps to prevent or stop such use or disclosure.
- Access and Correction. Upon request, the Companies will grant individuals reasonable access to personal information that it holds about them. In addition, the Companies will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
- Security. The Companies will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
- Enforcement. The Companies will conduct compliance audits of their relevant privacy practices to verify adherence to this Policy. Any employee that the Companies determine is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
- Dispute Resolution. Any questions or concerns regarding the use or disclosure of personal information should be directed to the contact person identified in section 7 below. The Companies will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be internally resolved between the Companies and the complainant, the Companies have agreed to: (i) for all disputes relating to human resources and one or more employees located in the EU, participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles and (ii) resolve all other disputes through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its International Arbitration Rules. Arbitration pursuant to (ii) of the preceding sentence shall be conducted by a single, neutral arbitrator selected by mutual agreement of the parties or, if the parties cannot reach an agreement, by AAA under its standard selection procedures. Such arbitration shall take place in Milwaukee, Wisconsin, United States of America, or such other place as mutually agreed by the parties.
Limitation on Application of Principles
Adherence by the Companies to these Safe Harbor Principles may be limited: (a) to the extent required to respond to a legal or ethical obligation and (b) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted to the following person by mail as follows:
Director, Business Solutions
555 Main Street, Racine WI 53403, United States of America
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on the Companies' web pages for 60 days whenever this Policy is materially changed.