CALIFORNIA PRIVACY NOTICE

Last Effective Date: August 6, 2024

ASICS America Corporation’s and its affiliates and subsidiaries (collectively, “Company”, “us”, “we”, or “our”) are committed to privacy and transparency. This California Privacy Notice (“Notice”) applies to California residents (“Consumers”) and provides information for Consumers, as required under California laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively the “CCPA”). In the event of a conflict between any other Company policy, statement or notice and this Notice, this Notice will prevail as to a Consumers’ “Personal Information” (as defined by the CCPA) (also referred to as “PI” herein) and rights under the CCPA.

Scope. This Notice provides information to Consumers about Company’s collection, use, disclosure, and other processing of Consumer PI, and the rights and choices Consumers have under the CCPA, and provides other required notices to California residents under California laws.

This Notice does not address or apply to our collection and processing of PI that is exempt under the CCPA. Further, this Notice does not apply to job applicants and candidates, current and former employees, personnel and independent contractors, whose PI is subject to separate privacy notices. In certain contexts, ASICS may act as a Service Provider to other businesses. For example, where ASICS operates as a Service Provider to wholesalers and retailers. In that capacity, ASICS may receive some limited PI to perform services for other businesses, such as to ship products directly to individuals. Please note that in such case, processing of the PI is subject to the respective business’s privacy policy, not this Notice. Capitalized terms that are used in this Notice shall, unless separately defined herein, have the same meaning as given to the term in the CCPA. You can click on the following blue links to directly navigate to the different sections in this Notice.

1) OUR PI PRACTICES

As required by the CCPA, this Section 1 describes our PI practices regarding Consumers. For details of our general PI practices see ASICS Privacy Policy.

a) Collection and Sharing of PI

While our collection, use and disclosure of PI varies based upon our relationship and interactions with you, the below table describes, generally, the categories of PI that we have collected about California residents, as well as the categories of third parties to whom we may disclose this information for a business or commercial purpose:

Categories of PI Collected	Description of PI Collected	Third Party Disclosures for Business or Commercial Purpose
Identifiers	Name, username, postal address, email address, phone number and other contact information, Internet Protocol address, and other unique identifiers.	(1) Service Providers (such as delivery services, distributors, payment processors, fraud prevention and security providers, marketing providers, analytics providers, consumer service and support providers, and external auditors) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law (6) Advertising networks (7) Social networks (8) Internet Service Providers (9) Operating systems and platforms
Categories of Personal Information Described in Cal. Civ. Code § 1798.80	Name, account information, telephone number, address, payment information, date of birth, birthday, age, gender, preferences, language preferences, and other account or profile information or other information that individuals provide us in order to purchase or obtain our products and services or get recommendations. Where you choose to provide such, this may also include information regarding your physical activity, foot measurements (e.g., FOOT ID), exercise patterns, health data, distance travelled, steps taken, including any such or similar health and fitness information to which you grant us access from another third-party service (such as the ASICS Runkeeper App).	(1) Service Providers (such as delivery services, distributors, payment processors, fraud prevention and security providers, marketing providers, analytics providers, consumer service and support providers, and external auditors) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law (6) Operating systems and platforms
Characteristics of Protected Classifications Under California and Federal Law	This may include but is not limited to gender, gender identity, age, veteran status, medical condition and/or health information, or other characteristics of protected classifications.	(1) Service Providers (such as web service vendors, marketing providers, analytics providers, and security providers) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law
Internet and Electronic Network Activity Information	Browsing history, browsing time, clickstream data, search history, access logs, usage and activity data, feedback from survey forms, and other similar information regarding your interaction with our websites, applications, other online services, or advertisement.	(1) Service Providers (such as marketing providers, analytics providers, and security providers) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law (6) Operating systems and platforms
Geolocation Data	Geolocation, for example based on IP addresses.	(1) Service Providers (such as web service vendors, marketing providers, analytics providers, and security providers) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law
Audio, Video and Other Electronic Data	Audio recordings of consumer care calls, video recordings, chat transcripts, and CCTV recordings.	(1) Service Providers (such as call center consumer support providers and security providers) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law
Profiles and Inferences	Profiles regarding Consumer preferences, characteristics, behavior, attitudes, and abilities.	(1) Service Providers (such as consumer service and support providers, marketing providers, and analytics providers) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law
Sensitive Personal Information	In limited circumstances, we may collect: precise geolocation, such as through your mobile device or another third party service, with your permission; Social Security, driver’s license, state identification card, or passport number (such as for business customer screening purposes); account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account (such as for payment processing purposes). In certain limited circumstances we may collect and analyze PI concerning a consumer’s health or medical condition (such as Foot Analyzer).	(1) Service Providers (such as web service vendors, marketing providers, analytics providers, and security providers) (2) Advisors and agents (3) Affiliates and subsidiaries (4) Government bodies and law enforcement (5) Third Parties as compelled or required by law

As permitted by CCPA, we may also collect, use, and disclose, aggregate or other non-identifiable data related to our business and the services for quality control, development for research, marketing, analytics, and other purposes, provided such information does not identify a particular individual. Where we use, disclose, or process de-identified data (data that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device), we will maintain and use the information in deidentified form and not to attempt to reidentify the information, except in order to determine whether our deidentification processes are reasonable and adequate pursuant to applicable privacy laws.

Sales and Sharing of PI.

Under the CCPA, “sale” is defined broadly and may include, for example, disclosures to third parties to provide or support personalized advertising, such as through third party cookies and tags. While we do not share your PI with third parties in exchange for monetary compensation, we do share Internet and Electronic Network Activity Information and Identifiers with third party advertising networks, social networks, and data analytics providers (via cookies, tags and similar devices on our websites and mobile apps) to provide personalized online advertising, improve and measure our ad campaigns and reach users with more relevant ads and content. Under the CCPA, some of this data sharing may be broadly considered a sale of information. We do not sell or share sensitive PI nor do we sell or share the PI about Consumers who we know are younger than sixteen (16) years old. Consumers may opt out of “sales” and “sharing” of their PI as explained below.

i) Sources of PI

In general, we may collect your PI from the following categories of sources:

• directly from you, including from your devices;
• advertising networks;
• social media networks;
• Service Providers such as internet service providers, data analytics providers or order processors;
• operating systems and platforms;
• joint marketing providers;
• other third parties, such as your friends or family;
• ASICS affiliates and subsidiaries;
• Resellers and distributors.

ii) Purposes of Collection, Use and Disclosure of PI

The purposes for which we may process PI will vary depending upon the circumstances. Generally, we collect, use, and disclose or otherwise process the PI described in the chart above for one or more of the following business or commercial purposes and as otherwise directed or consented to by you:

• Performing our agreement with you (including to manage and handle purchases, transactions, to provide our products and services to you, and to manage your accounts and profiles);
• To comply with a legal obligation (including to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law);
• Marketing and promotional content (including to send you gifts or discount coupons, for example at the end of year or on your birthday; to send you newsletters or general marketing materials and promotional content as well as surveys about products and services you have purchased or may be interested in or to remind you of your abandoned cart);
• Improving Products and Services (including to improve our products and services as well as to better understand our customers both on an aggregated and on an individual basis);
• Advertising (including to promote our products and services and to allow us to provide, personalize, measure, and improve our digital advertising on and offline, also by working with our advertising partners and social media platforms such as Facebook, Instagram, Google, Snapchat, and Pinterest);
• Personalize content (including to further customize your training plan, allow you to adjust a specific run to the ground circumstances (i.e., concrete, trail, or treadmill), to complete webforms and assist you with prefilling of certain fields, or provide you with more detailed information about your runs);
• Analytics and statistics (including to generate aggregated statistics and analytics about users of our products and services and in store visitors);
• Surveys and feedback (including to obtain feedback on our products and services and develop and improve the quality of our products and services (e.g., by conducting customer satisfaction surveys or research));
• Security (including for security and fraud prevention and detection purposes, system integrity purposes, to prevent, detect and investigate fraud, misuse, harassment or other types of unlawful activities and to take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our applicable policies and terms);
• Business Operations (including to facilitate our business operations, to operate company policies and procedures; to enable us to merge, sell, acquire, or transfer assets (including to negotiate such)); and
• Other purposes (including legitimate business purposes permitted by applicable law).

Notwithstanding the above, we only use and disclose sensitive PI as authorized pursuant to the CCPA (section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027 (2022)). Accordingly, we will only use and disclose sensitive personal information as reasonably necessary (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you.

iii) Disclosure

Generally, we may disclose the PI we collect as follows:

• Within the ASICS Group. Click here for an overview of the relevant ASICS companies.
• To Service Providers and Processors. Such as third-party vendors, agents, service providers, and affiliated entities we engage to provide services to us on our behalf (including for example payment, fulfillment, and hosting providers).
• To our Partners. Such as where we offer you a service or application in cooperation with a partner or co-sponsor.
• To Race Roster. If you connect your OneASICS account with your Race Roster account, certain personal information (including your name, email address and ASICS Runkeeper App data, such as your registration(s) and race result(s)) will be shared with Race Roster and will be processed subject to its applicable privacy policy.
• To advertising or marketing partners. We may disclose limited personal information (such as electronic identifiers, contact information, country, and conversion status) to our advertising partners and social media platforms to show you suggestions and targeted ads (including on third party sites and platforms) or to create specific target audiences.
• To ASICS Runkeeper users. With your consent, we may disclose your training and running data to other ASICS Runkeeper users (contacts or (suggested) friends).
• To third parties in order to comply with a legal requirement. If required by law, or we believe that doing so is reasonably necessary to comply with legal processes, if we believe necessary or appropriate to disclose personal data to law enforcement authorities, to investigate actual or suspected fraud or violations of law, breaches of security or this Notice, 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. 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.
• To others. With your consent or where you have requested us to do so.

For more information about the categories of third parties to whom we may disclose or share PI, see the table above.

2) Retention. We retain the PI we collect for as long as required to satisfy the purpose described above (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.), or otherwise disclosed to you at the time of collection, unless a longer period is necessary for our legal obligations or to defend a legal claim.

3) CALIFORNIA PRIVACY RIGHTS

Under the CCPA, you generally have the following privacy rights in respect of your PI (subject to certain limitations and exceptions):

a) Right to Know (Access)

To require that we disclose the following to you (up to twice per year), with respect to the PI we have collected about you, including the:

• Categories of PI collected;
• Categories of sources of PI;
• Categories of PI about you we have disclosed for a business purpose or sold;
• Categories of Third Parties to whom we have sold or disclosed for a business purpose your PI;
• The business or commercial purposes for collecting or selling or sharing your PI; and
• A copy of the specific pieces of PI we have collected about you.

b) Right to Delete

To request deletion of your PI that we have collected about you.

c) Opt-Out of Sales or Sharing

To opt-out of our sale or sharing of your PI, as further explained below. We do not sell or share PI about California Consumers who we know are younger than 16 years old.

d) Right to Correct

To correct inaccurate PI that we maintain about you. If you have a OneASICS account, you may review and update your account information directly within your OneASICS account.

e) Limit uses and disclosure of sensitive PI

To limit our use or disclosure of sensitive PI to those authorized by the CCPA. However, as explained above, we do not use and disclose sensitive PI beyond what is authorized pursuant to the CCPA section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027 (2022)).

f) Right to non-discrimination

To exercise your CCPA rights, without being subject to discriminatory treatment.

4) HOW TO EXERCISE YOUR RIGHTS

a) Requests to Know (Access), Correct and Delete

To submit a Request to Know/Access, Correct, or Delete, California Consumers may either:

• follow the instructions at our Consumer Rights Request page here;
• call us toll-free at (844) 278-2826 (for ASICS ); or
• call us toll-free at (844) 702-9037 (for ASICS Runkeeper App and ASICS Studio)

Verifying Your Request. As permitted by the CCPA, any request to know/access, correct, or delete that you submit to us is subject to an identification process. When you submit such a request, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information via the above toll-free number) and verify your email address. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor.

You may also use an authorized agent to initiate a request on behalf of yourself as set forth in Section 4.c below. Authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. We will not fulfill your CCPA request unless you have or your authorized agent has provided sufficient information for us to reasonably verify you are the Consumer about whom we Collected PI. You may also obtain information on how to submit a request by asking a manager at any of our owned and operated retail locations.

b) Opt out of Sales and Sharing

• Cookie Preferences. You may opt out of most cookies on our websites (other than Functional and Necessary cookies) by adjusting your browser’s cookie preferences for our websites in our Privacy Preference Center. You can access the Privacy Preference Center, and review and update your cookie preferences for one our websites, by using the "Manage Cookie Preferences" link, or the "Do Not Sell or Share My Personal Information" link for California users, in the footer of that website.
• Universal Browser Privacy Signals. If one of our websites recognizes that your browser is transmitting a Global Privacy Control signal (“GPC”) when you come to that website, we will opt your browser out of Targeting, Marketing and Social Media cookies on that website. More Information about GPC signals is available here.

Please note that your preferences are applied on a browser and device basis. This means that you will need to enable GPC (or set your cookie preferences) for each browser and device you use to access our websites. Further, if you subsequently delete cookies, your preferences may be lost and need to be reset.

You may also submit a request to opt out via our Consumer Rights Request page here. We will process your request with respect to the personal information in our records that is linked or reasonably linkable to the personal information provided in your request.

Mobile Device Settings. If you access our websites or services from an Android or iOS mobile device, you can also set certain device privacy and advertising preferences, through the settings menu for your device. For example, iOS users can turn off cross-site tracking for the Safari browser and choose whether or not to allow mobile applications to request to track you. You can find more information on the privacy settings for your device at:

• Apple iOS: The Apple Support pages provide information on available iOS privacy settings, including Safari (browser) settings, App tracking settings, and other built-in device privacy settings; you can also search for information on settings for your device and iOS version in the online user guide.
• Android: Users can find information on managing permissions and privacy settings here.

Browser Settings. In addition to our Privacy Preference Center, most internet browsers allow you to change your cookie settings. However, if you use your browser settings to block all cookies (including ‘Necessary’ cookies), you may not be able to access all or parts of our websites and services. Use the help function on your browser or see the links below for more information on how to manage cookie settings for certain bowsers:

• Chrome
• Firefox
• Internet Explorer
• Safari

For more information on cookies and other tracking technologies that may be associated with our web sites and mobile applications, and more information on ways you may exercise preferences regarding them, see also our Cookie Policy.

c) Authorized Agents

You may designate an agent to exercise your CCPA rights on your behalf. To exercise your rights via an agent, your agent must (1) if an entity, show proof of registration to do business in California; and (2) submit a written authorization of his or her authority to act on your behalf or a valid power of attorney authorizing the agent to make the request on your behalf. Once such authorization is submitted, you will receive an email at your email address asking you to verify the agent’s authority to submit a Consumer Rights Request on your behalf and to verify your identity, or in the case that a power of attorney was provided we will need to verify its authenticity. Once your agent’s authority is confirmed (s)he may exercise rights on your behalf subject to the agency requirements of the CCPA. Requests by authorized agents may be submitted here.

d) Other Retailers and Distributors of ASICS products and services

ASICS may receive some limited PI to perform services for other Businesses, such as to ship products directly to Consumers for retailers or distributors that have the direct relationship with the Consumer and to which we act as a Service Provider, but that PI is not subject to our rights request obligations to Consumers since we retain it only as a Service Provider. You will need to make your requests directly to those Businesses with which you have the Consumer relationship.

5) FINANCIAL INCENTIVE PROGRAMS

We may make available certain programs or offerings that may be considered “financial incentives” under the CCPA. For example:

• You can sign-up for an OneASICS account, which gives you access to certain membership benefits, which may include, from time-to-time, free shipping rates, free trials, rewards and other benefits (as further explained in our OneASICS FAQs here, subject to the OneASICS terms which can be found here and are also made available to you at the time you sign up). As part of OneASICS, we collect member PI in order to set up, operate, and administer your OneASICS account, and for purposes of providing members with various membership benefits. Signing up for an OneASICS account is optional. To participate you must opt-in to OneASICS and register a free account. You can terminate your account at any time. You can also keep your account and still opt-out of our promotional emails (however we will still send you transactional and informational emails related to your OneASICS account).
• We may offer you the opportunity to “refer a friend” in order to receive rewards (such as discounts and coupons). As a part of a referral program, we will collect information from you including contact information for any friends that you choose to refer.

As part of these programs, we collect your PI in order to set up, operate, and administer the rewards programs, and for purposes of providing you with various rewards or benefits. You can find a more detailed description of these programs and our applicable notice as required by the CCPA in the terms of the respective financial incentive program, that are presented to you at the time you sign up for the relevant rewards program. Signing up for our rewards programs is optional. We will not include you in a financial incentive program without your authorization and you may opt out at any time by contacting us as set forth in Section 7 “Contact Us”.

The financial incentives ASICS offers to participating Consumers are reasonably related to the value of the Consumers’ data. As a basis for offering these incentive or rewards programs, ASICS has valued the PI it obtains, based on a reasonable and good faith calculation, by considering the expenses related to such programs. In doing so, we value the PI collected through the program as the equivalent of our total program expenses incurred to provide the program, including IT, administration, direct costs, third party costs, and service development costs. We operate the rewards programs and make the program benefits available to foster a positive relationship with members, which we consider to be invaluable.

Consumers should review the applicable benefits description and program terms for the relevant incentive program, so that they can make an informed decision on whether to participate.

6) ADDITIONAL CALIFORNIA NOTICES

In addition to CCPA rights, certain Californians may have additional rights, including:

a) Third Party Marketing and Your California Privacy Rights

Separate from your CCPA rights, California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure of PI to third parties for their own direct marketing purposes.

We do not share personal information of our customers, as those terms are defined by California Civil Code § 1798.83 (“Shine the Light law” or “STL”) with third parties for their direct marketing purposes without either obtaining your consent or giving you the ability to opt-out. To opt-out of sharing within our family of companies (affiliates) for their direct marketing purposes, notify us at the postal address(es) noted below (you must make separate requests to AAC and ARA). Our sharing with non-affiliates will be on an opt-in basis for California customers so there is no need to opt-out of that sharing. If you are a California customer, you may also request information about our compliance with the Shine the Light law by sending a letter, to the following address, as applicable. Compliance is met by providing the California customers the opt-in and opt-out choices described in this paragraph above. You must identify the ASICS entity to which your request relates in your letter.

For ASICS:

ASICS America Corporation (AAC)
7755 Irvine Center Drive, Suite 400
Irvine, CA 92618
Attention: General Counsel

For Runkeeper and ASICS Studio:

ASICS Runner App Inc. (ARA)
125 Summer Street, 2nd Floor
Boston, MA 02110
Attention: Corporate Counsel

Any such request must include “California STL Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please indicate if you are opting out of affiliate sharing, seeking information on our compliance, or both. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through these mail addresses.

As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately. You must also make STL requests to AAC and ARA separately.

b) Online Privacy Practices

For more information on our online practices and your rights specific to our online services see ASICS Privacy Policy. Without limitation, Consumers that visit our online services and seek or acquire goods or services for personal, family or household purposes are entitled to the following notices of their rights:

i) Do Not Track. Please note we do not respond to browser do-not-track requests. You may, however, disable certain cookies as discussed above and in our Cookie Policy.

ii) California Minors. 

Any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, or their parents/legal guardians can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. Subject to our reasonable verification of the requestors and minor’s identity, we will then make reasonably good faith efforts to remove the content and information from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.

7) CONTACT US

If you have any questions regarding this Notice or our privacy practices or to submit a privacy request please contact us here.