ASICS PRIVACY POLICY
Effective: 1 September 2023
We value the trust that you place in us by sharing your
personal data with us. ASICS takes your privacy seriously and is committed to
handling your personal data in a way that is fair and worthy of that trust.
ASICS will take all reasonable steps to protect your information from misuse
and to keep it secure.
We believe it is important to inform you about how we will use your personal
data. Therefore, we encourage you to carefully read this privacy policy ("Policy"), which describes our
privacy practices and the rights and choices you have regarding your personal
data. We also encourage you to read possible additional privacy clauses that
may be applicable when you use certain services or purchase certain products.
SCOPE
This Policy applies to all personal data we collect, use, disclose or otherwise process about you when you create an OneASICS account or another ASICS account, when you visit or use the websites, applications, web shops, platforms, online, mobile, instore or other services of ASICS, when you (or the business you represent), use our digital services (such as ASICS Move or ASICS Runkeeper), purchase our products in ASICS stores, online or through wholesale, when you participate in events, running races, promotions, contests, tests or research projects of ASICS or interact with us through social media or otherwise on- or offline (collectively the "Services").
For purposes of this Policy, "personal data" means any information that relates to, describes, or is reasonably associated or linked or likable to you, or through which we can identify you, as further described below in the section "Personal Data We Collect".
WHO WE ARE
ASICS is an international athletic equipment company, with headquarters in Japan and establishments worldwide. Our name is an acronym for the Latin phrase Anima Sana In Corpore Sano (A Sound Mind in a Sound Body). ASICS was founded on the belief that sports are the best way to create a sound mind and body. Our brands include ASICS, Onitsuka Tiger, UNOHA, ASICS Move, and ASICS Runkeeper.
Depending on where you live, and which of our products you
are purchasing or which of our Services you are using, one or more of our ASICS
companies will be the responsible controller for the personal data we collect.
An overview of the applicable responsible ASICS companies who may process your
personal data, as well as their representatives can be found here. The responsible ASICS companies
will be referred to hereafter as "ASICS" or "we" or "our".
PERSONAL DATA WE COLLECT
We collect personal data about you: (i) directly (for example when you buy our products, use our Services or otherwise interact with us, including automatically (for example when you access and use our website and Services, see the section Personal Data We Collect Automatically); and (ii) indirectly from third parties. This personal data may include the following, depending on the circumstances:
General:
-Your
(business) contact details. Your name and contact details, such as your telephone
number and email address.
-Your
purchases in our stores and online. The data we collect if you purchase
a product in store or through our Services, such as the amount and date of your purchase,
the product you purchased or Service(s) you used, your clothing or shoe size, the
location of the ASICS store related to your purchase, your location, the
website or app through which you make your purchase, the payment method,
payment status, any discount, gift card or voucher code, your invoice, order
(tracking) number, the delivery method, the delivery and billing address and,
if applicable, information about returns.
-Your
account data (including data added thereto). Data related to your OneASICS or
other ASICS account(s), such as your account name or similar unique account
identifier, password, your date of birth, your gender or gender identity,
language preferences, the country you live in, your pictures and other
information you may voluntarily share with us. If you have chosen to create an
OneASICS account via a third-party social media account such as Facebook, ASICS
will receive basic information retained by the relevant social media account,
such as your email address. If you connect your Race Roster
account to your OneASICS account, ASICS will receive information about your
Race Roster account, such as your name, email address and information relating
to your race registration(s) or race result(s).
-Information
regarding your use of our online Services. This may include data regarding
the pages you visit on our websites, the products and services you like, your
wish list and the content of your abandoned shopping cart and products browsed.
-Details
regarding your child(ren). The data we receive from you in relation to your
child(ren) related to the Services, for example, their name or nickname, age,
gender, shoe size, preferred sports, favourite colour or photo.
-Your
leisure activities, interests, favourite products, running races and other events. This includes
information regarding running races and events we organize or sponsor including
your interest in and registration for those running races or other events
(including the date, name and place of the running race or other event, the race distance, your personal
targets and results), as well as your reason for running and other fitness
activities, whether you prefer to run alone or with friends, and what other
sports you enjoy. If you use ASICS Move depending on the services we may also process additional information such as bib number and your participant ID.
-Your
coaching and sports capabilities. Any information you provide to us when we sponsor
you or when you participate in events or promotions as a trainer, coach,
participant or promotor, including your interests, skills, qualifications or
accomplishments.
-Your
training and running data. The training and running data that you provide to us or generate
through the use of our Services (such as ASICS Runkeeper) or that you import
from other apps or services from our partners or third parties, including your
running experience and current running abilities (the distance you can run and
the time that you can run it in), your training goal(s) (aimed distance and
race time), your performance (distance and race time records), your training
schedule (date, duration and type), your type of running (trail running,
natural running or speed running) and your fitness activities.
-Your
(phone) contacts. The data you voluntarily provide access to in order to allow
you to interact with your contacts as part of our Services (such as ASICS Runkeeper).
ASICS will, subject to your consent, access and store information about your phone
contacts in order to identify potential connections and help you connect and
interact with them on your Runkeeper feed, e.g., commenting on or liking
activities and activity tagging.
-Your
details related to contests and sweepstakes. The data we collect if you
participate in a contest, prize promotion or sweepstake.
-Your
reviews and content. The opinions, experiences, testimonials, preferences and interests,
and product or event reviews that you publish on our websites or Services or
share with us online, through social media or otherwise, including your social
media handle or other identifier(s), experiences and tips regarding gear, your
race day and your training schedule.
-Your
images and recordings.
We have security cameras in our stores or offices which record your image when you
visit these. We may also film or take photos at ASICS (sponsored) events or
during other specific interactions. You may also voluntarily submit photos to ASICS whilst interacting with our Services.
-Your communication data,
including call recordings. When you contact us for support or other customer service requests including if we communicate with you via e-mail, chat, online, telephone or via social media we will keep records of your requests, any complaints you may have and any other data that we receive. We may, subject to and in accordance with local law, record and retain a copy of such communications and maintain logs and records of your calls.
special categories of personal DATA:
We also collect information you voluntarily provide to us
in relation to your physique, condition or nutrition in order to recommend, customize
and enhance your experience when purchasing our products and using our Services.
Such personal data may - by itself or in combination - reveal information about
your (physical) health. The special categories of personal data include:
-Activity
data and other information you provide when using the Services, including participating
in one of our tests or research projects. Your foot and clothes size and
other personal measurement information and activity data that you voluntarily share with us about
yourself or your child(ren), through the use of the Services or that you import
from other apps or services from our partners or third parties, such as weight,
height, heart rate, calories burned, steps taken, nutritional information,
sleep activities, other activity data (type, duration and frequency of fitness
activities, distance, speed, pace, cadence, step count) and injuries.
-Your
running specifics. Your current running shoe, which running type you are
and the level of your running.
-Your
test and measurement results. Measurement data we collect if you participate in one of
our tests or research projects or measurement programs, such as ASICS FOOT ID,
Running Lab, leg alignment measurement, body composition measurement, leg
strength test, running form test, aerobic test and similar measurement programs
and tests. Measurement data that we collect during our tests may also include
heart rate, blood pressure, oxygen level in blood, fat and muscle mass weight
and percentage, BMI, BMR, strength and endurance.
In addition, depending on the Services you use and with your permission, we may also collect and use information regarding your location, such as GPS data, accelerometer, timers, or your running route (including precise location data that shows your geographical position).
Where required under applicable law, we will only collect and use health and location data if you voluntarily share it with us, and with your prior consent or at your direction, for the purposes set out in this Policy. You may refuse or revoke your consent at any time, as set out below (see the section "Your Rights").
PERSONAL DATA We Collect Automatically
Subject
to local law requirements, we may also collect your electronic identification
data (obtained by means of cookies, pixel tags or similar technologies), including personal
data about how you access, use and interact with our Services. This may
include information such as your IP address, MAC address, mobile device
identifier (IDFA or GAID), cookie ID, cookie content, browser type, browsing and click
behaviour and other activities, purchase information, domain name,
referrer-URL, access dates and times, hardware and software information and
settings, information about the device you use (e.g., device ID, device type), operating system, language and
approximate location. We also may use pixels in HTML emails to understand if you
read the emails we send to you. For more information, see the section "Cookies,
Analytics and Personalization" below or our Cookie Policy.
HOW WE USE YOUR PERSONAL DATA
HOW WE SHARE YOUR DATA
We may share your personal data with
the following parties:
-Data
controllers within the ASICS Group. Amongst the responsible ASICS
companies that may use your personal data as described in this Policy. An
overview of the relevant responsible ASICS companies can be found here.
-Service
Providers and Processors. With third party vendors, agents, service providers, and
affiliated entities that we engage to provide services to us on our behalf,
such as support for the internal operations of our websites, online stores
(including payment processors and third parties we use for sending your orders
to your home address), Services (e.g., technical support processing), research,
digital marketing as well as related offline product support services, data
storage and other services.
In providing their services, these third parties may access,
receive, maintain or otherwise process personal data on our behalf. Our
contracts with these service providers do not permit use of your information
for their own commercial purposes. Consistent with applicable legal requirements, we
take commercially reasonable steps to require third parties to adequately
safeguard your personal data and only process it in accordance with our
instructions.
-Partners. Sometimes ASICS may offer you a service
or application in co-operation with partners or co-sponsors or allow you to connect to such services using your OneASICS account. In such cases, we
may also disclose your personal data to the relevant partners,
but only where you have consented or directed that we do so, or where doing so
is necessary to fulfil your order or respond to your request. We will notify
you prior to the sharing, and you will have the choice
not to participate or to otherwise object to such sharing. If you win a contest
or sweepstake, we may disclose the names of winners online.
-Race
Roster. If
you choose to connect your OneASICS account with your Race Roster account, certain personal
data (such your name, email address and information relating to your race registration(s) or race result(s)) will be shared by Race Roster to ASICS and certain personal data (including your Runkeeper data, such as your run activity data) will be shared by ASICS to Race Roster. Race Roster processes this in accordance with the applicable privacy policy.
-Advertising
or marketing partners. We may share limited personal data (such as electronic
identification data, contact information, country and conversion status) with
our advertising partners, including social media platforms such as Facebook,
Instagram, Google, Snapchat, Pinterest etc. to show you suggestions and
targeted adverts (also on websites of third parties or social media) based on
how you interact with us or to create specific target audiences.
-Runkeeper
users. We
may also share your training and running data with other Runkeeper users
(contacts or (suggested) friends) if you have provided us with your consent to
do so.
-ASICS Move users. When you register for or donate to an event or activity on ASICS Move], we will share necessary personal data to the race organisers and Related Parties of such event or activity. “Related Parties” may include charitable or not-for-profit organisations in relation to the events hosted on the application as well as other appointed service providers such as event administrators and timers. These parties shall process your personal data in accordance with their own privacy policies.
-Third
parties in case of legal requirement. We may also disclose your personal
data if we believe we are required to do so by law, or that doing so is
reasonably necessary to comply with legal processes; when we believe it is necessary
or appropriate to disclose personal data to law enforcement authorities, such
as to investigate actual or suspected fraud or violations of law, breaches
of security, or breaches of this Policy; to respond to any claims against us;
and, to protect the rights, property, or personal safety of ASICS, our
customers, or the public.
-Corporate
Transaction. We may disclose personal data, as part of any actual or contemplated merger,
sale, transfer of ASICS' assets, acquisition, bankruptcy, or similar event, including
related to due diligence conducted prior to such event, where permitted by law.
-With
Consent. We may also disclose information about you, including
personal data to any other third parties, where you have consented or requested
that we do so.
Notwithstanding anything else in this Policy, we may collect, use and share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual. Where we use, disclose or process de-identified information, we will maintain and use this information in de-identified form and not attempt to reidentify the information, except in accordance with applicable laws.
Cookies, analytics and personalization
Subject to your prior consent (to the extent required), we and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, and use of the Services. We may combine this "activity information" with other personal data that we collect about you.
Generally, we use this activity information to understand
how our Services are used, track bugs and errors, improve our Services, verify
account credentials, allow logins, track sessions, prevent fraud, and protect
our Services, as well as for targeted marketing and advertising purposes, to
personalize content and for analytics purposes. For more detailed information
about these mechanisms and how we collect and use activity information, see our
Cookie Policy.
-Do-Not-Track.
Please
note we do not respond to browser do-not-track requests. You may, however,
disable certain cookies as discussed in our Cookie Policy.
Social media
Our Services may contain links to third-party social networking sites and plugins to facilitate social media functions, which may collect personal data about you. These third parties may collect information about you if you click on a link and may automatically record information about your browsing behavior every time you visit their respective sites or services. If you participate in social media forums, such as Facebook, X, Snapchat, Yammer, Pinterest, Instagram, LinkedIn, etc., you should be familiar with and understand the tools and services provided by those sites that allow you to make choices about how you share the personal data in your social media profile(s).
Please note that the relevant privacy practices or policies of these third parties -not this Policy - apply to the processing of data by these tools, so we encourage you to read the applicable privacy notices, terms of use and related information about how your personal data is used in these social media environments.
Also, depending on the choices you have made regarding your settings on various social media sites (and/or in combination with your settings on the ASICS pages), certain personal data may be shared with ASICS about your online activities and social media profiles (e.g., interests, marital status, gender, username, photo, comments and content you have posted/shared etc.).
IF YOU ARE UNDER 16 YEARS OF AGE
Our online services and applications are not directed to children under (13) thirteen years of age and we do not knowingly collect personal data directly from children under the age of (13) thirteen. If you believe we have collected information about a child under the age of (13) thirteen without a legal basis, please contact us (see 'Data Protection Officer - Contact and Queries' below) so that we may take appropriate steps to delete such information.
If you are at least (13) thirteen but under (16) sixteen years of age, you must get the consent of your parent or legal guardian before you give us any personal data about yourself. Your parent or guardian should contact the ASICS company responsible for using your personal data - the overview of the applicable ASICS companies can be found here - and provide us with their name, e-mail address and any other identifying information that we may request. ASICS needs this information in order to verify that they have provided the necessary consent. We may follow up by phone or other means in some circumstances. If you are at least 13 but under 16 years of age, do not contact us or provide us with any personal data until after your parent or guardian has sent us an e-mail consenting to your contact and provision of such information.
INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA
Please be informed that we transfer and process any personal data you provide to us to countries/regions other than your country/regions of residence. The laws of these countries/regions may not provide an equivalent level of protection to your personal data as the laws in your home country/region. ASICS will therefore seek to ensure that all adequate safeguards are in place and that all applicable laws and regulations are complied with in connection with such transfer.
For data transferred from the European Economic Area ("EEA") or United Kingdom to countries outside the EEA/UK that do not provide an adequate level of protection, ASICS is using Intra Group Data Transfer Agreements based on the EU Standard Contractual Clauses adopted by the European Commission ("Standard Contractual Clauses") and other local legal transfer provisions. With respect to transfers from the EEA and UK to parties outside the ASICS group companies, ASICS will base the transfer on appropriate safeguards, such as the Standard Contractual Clauses or other approved data transfer or certification mechanisms, together with binding and enforceable commitments by the recipient. In each instance, ASICS will assess the transfer and ensure that any additional technical and organizational measures are put in place to ensure that an adequate level of protection is provided.
SECURITY
ASICS has implemented technical, physical, and organizational measures and controls designed to protect the personal data we collect against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or wrongful destruction, and loss. Please be aware that despite our efforts, no security measures can guarantee absolute security. In addition, you can also take certain steps to protect your account and your personal data, for example, not reusing passwords across multiple websites, choosing passwords that are not easily guessed, and promptly reporting any suspicious activity or unauthorized account access.
DATA RETENTION
ASICS retains your personal data for as long as required to satisfy the purpose for which they were collected and used (for example, for the time necessary for us to send you the newsletters you subscribed to, to provide you with customer service, answer queries or resolve technical problems, etc.), unless a longer period is necessary for our legal obligations or to defend a legal claim.
If you have created an OneASICS account or another ASICS account with us, we will delete such account and your personal data upon your request or up to thirty (30) days after it has become inactive. We will consider your account "inactive" when you haven't used your OneASICS account or another ASICS account for a period of two (2) years. Before your account becomes inactive, we will notify you to use your OneASICS or another ASICS account to prevent your account from becoming inactive. When we close your account, your personal data will be deleted, unless you are using the Runkeeper app, in which case your training and running data will be stored for an additional four (4) years after your account becomes inactive (unless you ask us to delete your data earlier). Also, we may retain certain of your personal data for a longer period, if necessary to comply with our legal requirements or where necessary to establish, exercise or defend our legal rights (including to respond to actual or potential legal claims).
YOUR RIGHTS
You may, subject to applicable law, have the following rights concerning your personal data: right of access, right of rectification, right to erasure, right to restrict data processing, right to object against profiling and your right to data portability. If you would like to exercise any of these rights, please contact the ASICS company responsible for using your personal data. An overview of all contact details can be found here.
To the extent that we are relying on our legitimate interests to use your personal data, you also have the right to object to such use (unless we can either demonstrate compelling legitimate grounds for the use that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims).
We will respond to your privacy rights request consistent with applicable law. For your and the protection of others, we may (depending on the type of request) need to verify your request and identity before addressing your request.
You may revoke your consent for receiving marketing communications at any time, free of charge by following the instructions in the marketing communication. You can also control these preferences in your profile settings.
If you wish to revoke your consent to ASICS using your health data and location data, you can contact the ASICS company responsible for using your personal data (an overview can be found here). You can also control these preferences in your profile settings and device.
In case you may have a question or complaint about how we process your personal data, you can send an email to the ASICS company responsible for using your personal data (an overview can be found here). Alternatively, you may consider lodging a complaint with a supervisory data protection authority.
Additional Information for Certain Jurisdictions. Users in certain jurisdictions may have different additional privacy rights. The ‘Location Deviation’ section below provides additional information, as required by certain privacy laws, about the rights of individuals under the privacy laws of certain jurisdictions (as listed below).
LOCAL DEVIATION
In the following jurisdictions, additional or different rules and rights apply to those set out in the section 'Your Rights' above. Please click on your jurisdiction to see what the relevant rules are.
OTHER WEBSITES
Our websites and mobile applications contain links to third-party websites; if you follow these links, you will exit our websites and mobile applications. While these third-party websites are selected with care, ASICS cannot accept liability for the use of your personal data by these organizations. For more information, please consult the privacy statement of the website you are visiting (if such a statement is provided).
CHANGES TO THE POLICY
We may change this Policy from time to time by posting the updated version of the Policy on our websites and applications. If we make any changes to this Policy that materially affect our practices with regard to the personal data we have previously collected from you, we will endeavor to give you reasonable notice in advance of such change by highlighting the change on our websites or notifying you electronically. We encourage you to visit frequently to stay informed about how we use your personal data.
Data protection officer - CONTACT AND QUERIES
If you have any questions regarding the processing of your personal data or this Policy, please contact the ASICS Data Protection Officer, or the ASICS company responsible for using your personal data. An overview of all privacy contact details can be found here.