California Privacy Notice - Onitsuka Tiger

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California Privacy Notice - Onitsuka Tiger

ONITSUKA TIGER CALIFORNIA PRIVACY NOTICE

Last Updated: August 30, 2024

ASICS Japan Corporation operates the Onitsuka Tiger® business in the United States (“US”). This Onitsuka Tiger California Privacy Notice (“Notice”) provides additional information for California residents (each a “Consumer”) about how ASICS Japan Corporation and our subsidiaries and affiliates (collectively, “Company,” “us” or “we”) process the Personal Information described in this Notice, as well as the privacy rights Consumers have regarding such PI under California privacy laws, including the California Consumer Privacy Act (the “CCPA”). As used herein, “Personal Information” (also referred to herein as “PI”) means ‘personal information’ as defined by the CCPA.

This Notice supplements the ASICS Privacy Policy. In the event of a conflict with the ASICS Privacy Policy or any other Company policy, statement or notice, this Notice will prevail as to the PI of California Consumers that is subject to this Notice and privacy rights Consumers have regarding such PI under the CCPA. Capitalized terms that are used in this Notice shall, unless separately defined herein, have the same meaning as given to them in the CCPA.

1) Scope

This Notice applies to Company’s processing of Personal Information collected by or on behalf of that ASICS Japan Corporation about Consumers in California, including related to:

  • The Onitsuka Tiger website, www.onitsukatiger.com (the “Site”) and mobile application, the Onitsuka Tiger Official App (the “App”), including the services we make available through the Site and App;
  • Onitsuka Tiger contests, promotions, programs, surveys and events that we provide or sponsor;
  • Onitsuka Tiger products ordered or purchased through the Site and related transactional information;
  • Onitsuka Tiger advertising campaigns and marketing; and
  • Communications or interactions with us about Onitsuka Tiger, including on our social media pages.

This Notice applies solely to Company's processing of Personal Information collected by or on behalf of ASICS Japan Corporation about California Consumers, related to Onitsuka Tiger as described above. This Notice does not apply to job applicants and candidates, current and former employees, or personnel and independent contractors, whose PI is subject to separate privacy notices, or to our collection and processing of PI that is exempt under the CCPA. In certain contexts, we may act as a Service Provider to other businesses, such as wholesalers and retailers. In that capacity, we 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 PI is subject to the respective business’s privacy policy, not this Notice.

Order Fulfilment. We work with merchants of record and other e-commerce and fulfillment partners to process and fulfill orders. Global-e Japan KK or Global-e Contracting Party, the entity listed on your invoice (“Global-e”) is the ‘merchant of record’ (“MOR”) for US purchases, orders and transactions (including related to returns, exchanges, refunds and credits) placed through the Onitsuka Tiger online store (“US Orders”). US Orders are subject to the Global-e Terms of Sale. Their processing of Personal Information, including Personal Information that we disclose or make available to them related to US Orders and Personal Information that they otherwise collect, is subject to the Global-e Privacy Policy (not this Notice).

2) OUR PI PRACTICES

As required by the CCPA, this Section 2 describes our PI practices regarding Consumers. For details of our general PI practices see the 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 may collect (and have collected in the prior 12 months) about California Consumers, as well as the categories of Third Parties to whom we may disclose this information for a business or commercial purpose. We may also disclose Personal Information to Service Providers who process it on our behalf and in order to provide services to us (such as delivery services, fraud prevention and security providers, marketing providers, analytics providers, consumer service and support providers, and external auditors), as well as to others as directed or authorized by you.

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) E-commerce and Fulfillment partners and MORs

(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 and analytics providers

(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, 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.

(1) E-commerce and Fulfillment partners and MORs

(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) E-commerce and Fulfillment partners and MORs

(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) E-commerce and Fulfillment partners and MORs

(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

(7) Advertising networks and analytics providers

(8) Social networks

Geolocation Data

Geolocation, for example based on IP addresses.

(1) E-commerce and Fulfillment partners and MORs

(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) E-commerce and Fulfillment partners and MORs

(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) E-commerce and Fulfillment partners and MORs

(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; driver’s license, state identification card, military ID or passport number (such as for customer screening purposes);

(1) Advisors and agents

(2) Affiliates and subsidiaries

(3) Government bodies and law enforcement

(4) Third Parties as compelled or required by law


Aggregate and Non-identifiable Data
. 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.

i) Sales and Sharing of PI

Under the CCPA, “sale” and “sharing” are 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 sell or 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 Site and App) 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 PI. 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.

ii) Sources of PI

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

  • Directly from you, including from your devices;
  • Our e-commerce and fulfillment partners, distributors, resellers and MORs;
  • 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; and
  • Resellers and distributors.

b) Purposes of Collection, Use and Disclosure of PI

The purposes for which we may collect, use, and otherwise process PI will vary depending upon the circumstances. Generally, we collect, use, disclose and 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:

  • Managing your online orders and purchases and performing our agreement with you (including to process your requests and manage or facilitate your online purchases and transactions together with relevant third party partners, such as our fulfilment partners and MORs, in order to provide our products and services to you (including to manage returns and warranty claims), 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);
  • Personalizing content (including to complete webforms and assist you with prefilling of certain fields, or provide you with more detailed information about our products);
  • Analytics and statistics (including to generate aggregated statistics and analytics about users of our products and services, as well as our retail customers and Site 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 the performance of agreements with you and 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 PI 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.

c) Disclosures

Generally, we may disclose the PI for the purposes described above, which include disclosures:

  • Within the ASICS Group. Click here for an overview of the relevant ASICS companies;
  • To Service Providers and processors. Such as our third-party vendors, agents, service providers, and affiliated entities we engage to provide services to us on our behalf (including for example hosting providers);
  • To our partners. Such as where we offer you a service or promotion in cooperation with a partner or co-sponsor.
  • To e-commerce and fulfilment partners and MORs. In addition, we disclose your Personal Information to e-commerce and fulfillment partners and MORs who process and fulfill US Orders;
  • To advertising networks and analytics providers. 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 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 PI 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;
  • As part of a corporate transaction. As part of any actual or contemplated merger, sale, transfer of assets, acquisition, bankruptcy, or similar event, including related to due diligence conducted prior to such event, where permitted by law; and
  • To others. With your consent or where you have requested or directed 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.

3) 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.

4) 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 your PI for a business purpose;
  • 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 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. However, as explained above, 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 an account with us, you may review and update your account information directly within your Onitsuka Tiger 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.

5) HOW TO EXERCISE YOUR RIGHTS

You may submit a request to Company to exercise your CCPA rights as set forth below. If you would like to submit a request to Global-e, with respect to the Personal Information they collect and process about you, you should contact them directly.

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

To submit a Request to Know/Access, Correct, or Delete to Company, California Consumers may submit a request through our Consumer Rights Request page here.

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) 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 5.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 your identity and the authorization of the agent to act on your behalf.

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 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 our Site recognizes that your browser is transmitting a Global Privacy Control signal (“GPC”), we will opt your browser out of Targeting, Marketing and Social Media cookies on the Site. 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:

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:

For more information on cookies and other tracking technologies that may be associated with our Sites and Apps, 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 Onitsuka Tiger Products and Services

We 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.

6) FINANCIAL INCENTIVE PROGRAMS

We may make available certain programs or offerings that may be considered “financial incentives” under the CCPA. 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 8 “Contact Us”.

The financial incentives we offer to participating Consumers are reasonably related to the value of the Consumers’ PI. As a basis for offering these incentives or rewards programs, Company 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.

7) 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 certain PI to third parties for their own direct marketing purposes.

We do not disclose 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 mailing address noted below. Our disclosure to 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 submitting a request via mail at the following address: ASICS Japan Corporation, MFPR Shibuya, 1-2-5, Shibuya, Shibuya-ku, Tokyo 150-0002 Japan.

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 as designated above.

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.

b) Do Not Track

Please note we do not currently respond to browser “do-not-track” requests. You may, however, disable certain cookies as discussed above and in our Cookie Policy.

c) 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.

8) CONTACT US

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