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Effective Date: January 1, 2021
This notice reflects our good faith understanding of the law and our data practices as of the date posted (set forth above). Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.
This Notice covers the Collection, use, disclosure, and Sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA. This Notice also covers rights California Consumers have under the CCPA, as well as other notices to Californians required by other laws. The description of our data practices in this Notice, as required by the CCPA, covers only calendar year 2020 and will be updated annually. Our practices in calendar year 2021 may change. However, if materially different such that we think a Consumer would reasonably expect notice we will provide notice in connection with the applicable collection and use, which may be by reference to other applicable privacy policies and notices.
Consistent with the CCPA, job applicants, current and former employees and independent contractors (collectively, “Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this Notice or the rights described herein. However, our Personnel may obtain a separate privacy notice that is applicable to them by contacting their local Human Resources department. Publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.
Terms defined in the CCPA that are used in this Notice shall have the same meaning as in the CCPA.
You can click on the following blue links to navigate to the different sections in this Notice.
As required by the CCPA, this Section 1 describes our PI practices for the calendar year 2020. This California Privacy Notice will be updated annually. For more current details of our PI practices see our general privacy policies (ASICS | Onitsuka Tiger | OneASICS | Runkeeper | ASICS Studio) and any other notices that may be provided at the point of data collection.
Based on our 2020 data practices through the Effective Date, we give you notice that we collected the following types of PI about California Consumers, and used and shared that PI as set forth below in subsections 1(a)(ii)(use) and (iii)(sharing). The following chart explains the categories of PI collected and the categories of recipients with which we shared each category of PI.
This may include but is not limited to:
Name, postal address, Internet Protocol address, email address, or other similar identifiers.
Business Purpose Disclosure: (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; and (2) public authorities / government bodies and (3) Third Parties as compelled or required by law.
Sale: Not Sold
Name, account information, date of birth, telephone number, address, or payment information.
This may include, but is not limited to:
Gender, language preference or age.
Business Purpose Disclosure: (1) Service Providers such as consumer service and support providers, marketing providers, and analytics providers; and (2) public authorities/government bodies; and (3) Third Parties as compelled or required by law.
Customer Account Details / Commercial Information
Account profiles, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Business Purpose Disclosure: (1) Service Providers such as delivery services, distributors, payment processors, fraud prevention and security services, consumer service and support providers, marketing providers, and analytics providers; and (2) public authorities / government bodies; and (3) Third Parties as compelled or required by law.
Physical patterns and health or exercise data.
Business Purpose Disclosure: Service Providers such as those that assist us in connection with our Runkeeper application and FOOT ID, marketing providers, and analytics providers.
Internet Usage Information
This may include, but is not limited to:
Website history, browsing time, and information regarding your interaction with an Internet Web site, application, or advertisement.
Business Purpose Disclosure: Service Providers such as marketing providers, analytics providers, and security providers.
Precise or approximate physical location.
Business Purpose Disclosure: Service Providers such as web service vendors, marketing providers, analytics providers, and security providers.
Audio recordings of consumer care calls, video recordings, and CCTV recordings.
Business Purpose Disclosure: Service Providers such as call center consumer support providers and security providers.
Inferences from PI Collected
Profiles regarding Consumer preferences, characteristics, behavior, attitudes, and abilities.
Business Purpose Disclosure: Service Providers such as consumer service and support providers, marketing providers, and analytics providers.
The chart above reflects the categories of PI defined by the CCPA along with the applicable recipients with which we shared each category of PI. Keep reading this Section 1 for information on our purposes for collecting and sharing PI, and our sources of collection. There may be additional information that we collected that meets the CCPA’s definition of PI but is not reflected by a category, in which case we will treat it as PI as required by the CCPA, but will not include it when we are required to describe our practices by category of PI.
As permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into Deidentified or Aggregate Consumer Information. We have no obligation to re-identify such information or keep it longer than we need it for our own purposes.
In certain contexts, ASICS acts as a Service Provider to other businesses. For example, ASICS operates as a Service Provider to wholesalers and retailers. ASICS may receive some limited PI to perform services for other Businesses, such as to ship products directly to Consumers, but that PI is not subject to our notice or rights request obligations to Consumers.
We may collect your PI directly from you; from your devices; from your email accounts, chat logs or social media accounts; from Service Providers such as analytics companies, joint marketing providers, order processors; from other Third Parties such as data providers; from other individuals, such as friends or family; from other ASICS entities; and we may create PI about you. For more specifics regarding each category of PI, see the chart above.
Generally, we collect, retain, use and disclose your PI to provide you services and as otherwise related to the operation of our business. We may collect, use and disclose the PI described in the chart above that we Collect for one or more of the following business purposes:
Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed Business Purposes, and engage subcontractors to help them perform services for us. In addition, we may Collect, retain, use and disclose your PI as required or permitted by applicable law. We treat all of these purposes as Other Business Purposes.
For more specifics on Business Purposes disclosures tied to each category of PI, see the chart above. See also the next section on sharing generally.
We disclose PI for Business Purposes as more fully explained in the section immediately above. We do not believe that we Sell your PI as such is defined under the CCPA, and until such time as we provide an ability to opt-out of the Sale of PI, we will not share PI we Collect without first obtaining consent to sell the PI. For more information on our understanding of what is a “Sale” under the CCPA, and your “Do Not Sell” rights, including regarding Third Party cookies, see the “Do Not Sell” subsection of the “California Privacy Rights” section below (Section 2(c)). In addition, if you direct us to share PI we may, and that is not a Sale. Also, disclosures amongst the entities that constitute Company, as defined above, and to their Service Providers, are not Sales.
For more specific detail on our sharing of PI, see the chart above.
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The CCPA is a new law and there remain differing interpretations of it and the regulations that implement it. Accordingly, we may from time-to-time update information in our notices regarding our data practices and your rights, modify our methods for you to make, and for us to respond to your, requests, and/or supplement our response(s) to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.
We provide California Consumers the privacy rights described in this section. California Consumers have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. For more information on requests by agents, see Section 2(f) below.
As permitted by the CCPA, any request you submit to us is subject to an identification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we Collected PI. Please follow the instructions at our Consumer Rights Request page here or call us at (844) 278-2826 (for ASICS, Onitsuka Tiger and OneASICS) or (844) 702-9037 (for Runkeeper and ASICS Studio) and respond to any follow up inquires we may make. You may also obtain information on how to make a request by asking a manager at any of our owned and operated retail locations.
Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a Verifiable Consumer Request, but you may use your OneASICS account to do so. We will use PI provided in a Verifiable Consumer Request only to verify your identity or your authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.
We will make commercially reasonable efforts to identify Consumer PI that we Collect, process, store, disclose and otherwise use and to respond to your California Consumer rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest that you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest or not. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.
Consistent with the CCPA and our interest in the security of your PI, we will not deliver to you an account password or security questions or answers in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us. There may be other limitations on your requests as more fully explained in Section 2(g) below and in our responses to your requests.
Your California Consumer rights are as follows:
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have Collected and are maintaining for the period that is 12 months prior to the request date. To make a request, click here. You will be asked to provide your name, email address, country of residence, state, and request details. A confirmation email will be sent to the email address you provide to begin the process to verify your identity. Check your Spam or Junk folder if you do not see an email related to your request in your Inbox. Alternatively, you can call us at (844) 278-2826 (for ASICS, Onitsuka Tiger and OneASICS) or (844) 702-9037 (for Runkeeper and ASICS Studio). To protect your privacy and security we require verification of your identity to a high degree of certainty based on information we already have about you. If you cannot meet that standard, we will treat your request as a “categories request” as explained in the next section. To protect your security and the rights of others, we may not be able to provide you all of the PI we may have on you. See Section 2(g) below for more details.
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
To make a request, click here. You will be asked to provide your name, email address, country of residence, state, and request details. A confirmation email will be sent to the email address you provide to begin the process to verify your identity. Check your Spam or Junk folder if you do not see an email related to your request in your Inbox. Alternatively, you can call us at (844) 278-2826 (for ASICS, Onitsuka Tiger and OneASICS) or (844) 702-9037 (for Runkeeper and ASICS Studio). To protect your privacy and security we require verification of your identity to a reasonable degree of certainty based on information we already have about you. If you cannot meet that standard, we will refer you to this Notice where you can review our categories disclosures generally in Section 1 above.
We do not believe that we “Sell” your PI as such is defined under the CCPA and will not Sell your PI we Collected during a period in which we did not offer you the opportunity to opt-out of a Sale unless we first obtain your affirmative consent to do so. However, while there is not yet a consensus, and although we think otherwise, data practices of third-party cookies and tracking technologies associated with our websites and mobile applications may potentially be determined to constitute a “Sale” of your PI as defined by the CCPA. Because we do not think these third-party activities are a Sale by us, we do not offer an express “Do Not Sell” option. However, the rest of this section explains how you can exercise control over cookies, essentially opting out of their data collection, and in some cases provide certain opt-outs directly to cookie operators.
For instance, you can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad and data limitation choices. Please note that when you use cookie control tools, you will have to change your settings for each browser and device you use, and your limitation on cookies can limit the functionality of online services you use, including our services. Use the help function on your browser or click on the applicable links below to learn more:
You can use mobile device settings to limit mobile tracking technologies and associated activities. For instance, you can adjust or reset the advertising identifiers on your mobile device in the device settings. iOS users can visit Settings > Privacy > Advertising > Reset Advertising Identifier. Android users can visit Google settings > Ads > Reset advertising ID. These controls work much like deleting cookies in a browser—the device is harder to associate with past activity, but tracking may still occur using the new advertising identifier. In addition, third party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/.
Some Third Parties that may Collect personal information in association with your use of our online services for advertising, analytics and other purposes, and may Sell that PI downstream, provide you the opportunity to opt-out of their Sales. Please visit https://www.privacyrights.info/ to opt-out of the Sale of PI by participating Third Parties. You must opt out on every device and browser you use in order to effectuate your “Do Not Sell” requests from these parties. However, opting out does not mean you will stop seeing ads and you may continue to still see interest-based ads. To learn more about interest-based advertising and additional opt-out choices related to it, please visit https://optout.aboutads.info/?c=2&lang=EN and https://optout.networkadvertising.org/?c=1.
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 Policies (ASICS | Onitsuka Tiger | OneASICS | Runkeeper (EU/EEA/UK/CZ) | Runkeeper (Rest of World including USA) | ASICS Studio).
Clearing cookies or changing settings may affect your choices and you have to opt-out separately via each browser and other device you use. Cookie-enabled opt-out signals may no longer be effective if you delete, block or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices, tools or choices.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a “Do Not Sell” expression by you, so we currently do not recognize these as do not Sell requests. We understand that various parties are developing “Do Not Sell” signals. Since we do not believe that we currently Sell PI, we do not currently look for such signals.
We will not knowingly Sell the PI of Consumers under 16.
We may disclose your PI for the following purposes, which are not a Sale: (i) if you direct us to share your PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Company as defined above, to Company’s Service Providers, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.
Except to the extent we have a basis for retention under the CCPA, you may request that we delete your PI that we have Collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and provide services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement. Note also that we are not required to delete your PI that we did not Collect directly from you. To make a request, click here. You will be asked to provide your name, email address, country of residence, state, and request details. A confirmation email will be sent to the email address you provide to begin the process to verify your identity. Check your Spam or Junk folder if you do not see an email related to your request in your Inbox. Alternatively, you can call us at (844) 278-2826 (for ASICS, Onitsuka Tiger and OneASICS) or (844) 702-9037 (for Runkeeper and ASICS Studio). To the extent that we are able to sufficiently verify your identity and have a basis for retaining some of the PI you requested that we delete, we will explain the basis for the retention and will only retain it for such purpose and for so long as the retention purpose continues to exist.
Rather than exercising a deletion request, you may alternatively exercise more limited control of your PI by instead opting out of e-mail marketing communications, or deleting one of your ASICS accounts, by visiting our Privacy Hub or by visiting and editing your account settings.
As of the Effective Date of this Notice we did not offer any programs requiring you to limit any of your CCPA rights, or otherwise require you to limit your CCPA rights in connection with charging a different price or rate, or offering a different level or quality of good or service. If we do so, the CCPA requires certain program terms and notices for California Consumer and the material aspects of any such program, and the rights of California participants, will be explained and described in its program terms. Participating in any such programs will be entirely optional. We may add or change programs and/or their terms by posting notice on the program descriptions so check them regularly.
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. Requests by authorized agents may be submitted here. 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.
Notwithstanding anything to the contrary, we may Collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law. Further, to protect your privacy and security we will not provide you with access to or copies of sensitive personal information such as government identification or financial account numbers, passwords or answers to security questions or biometric identifiers; provided, however, that we will inform you if we maintain any such applicable types of PI. We are also not required to search for PI not maintained in a searchable or reasonably accessible format that is used for internal purposes only, or other PI where the request is excessive, repetitive, unfounded or overly burdensome. In addition, as explained above, we will reject requests to the extent we are not able to sufficiently verify your identity, or your agent’s authority. If we conclude we have a basis for not fully responding to your request, our response to you will explain the basis for the limitation, unless we are prohibited from doing so by applicable law.
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.
In addition to CCPA rights, certain Californians are entitled to certain other notices, including:
Separate from your CCPA “Do Not Sell” 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 or email address(es) noted below (you must make separate requests to AAC and ADI). 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 contacting us here or 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 email or letter.
For ASICS, Onitsuka Tiger, and OneASICS:
ASICS America Corporation (AAC)7755 Irvine Center Drive, Suite 400Irvine, CA 92618Attention: General Counsel
For Runkeeper and ASICS Studio:
ASICS Digital Inc. (ADI)125 Summer Street, 2nd FloorBoston, MA 02110Attention: 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 email addresses or 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 ADI separately.
For more information on our online practices and your California rights specific to our online services see our online Privacy Policies (ASICS | Onitsuka Tiger | OneASICS | Runkeeper | ASICS Studio). Without limitation, Californians 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:
When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals. For more information on tracking and targeting and your choices regarding these practices, see our online Privacy Policies (ASICS | Onitsuka Tiger | OneASICS | Runkeeper | ASICS Studio).
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, 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 your identity, we will then make reasonably good faith efforts to remove the post 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.
In accordance with California Business and Professions Code § 17538 et al., the legal names under which we conduct business online are ASICS America Corporation and ASICS Digital, Inc., and our business addresses are:
ASICS America Corporation (AAC)7755 Irvine Center Drive, Suite 400Irvine, CA 92618
ASICS Digital Inc. (ADI)125 Summer Street, 2nd FloorBoston, MA 02110
Within five (5) days of our receipt of your request, California residents may receive verification of this information by email by contacting us here or at the postal address(es) noted above (you must make separate requests to AAC and ADI). Residents of California are also entitled to the following specific Consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
The California Transparency in Supply Chains Act of 2010 (SB657) requires retail sellers and manufacturers doing business in California to disclose their efforts to eradicate slavery and human trafficking in their direct supply chain. For information click here.
For more information on your California privacy rights contact us at (844) 278-2826 (for ASICS, Onitsuka Tiger and OneASICS) or (844) 702-9037 (for Runkeeper and ASICS Studio). You may also use our California Consumer Rights Portal found here. Or, write to us at: