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ACCEPTABLE USE POLICY:
ELECTRONIC COMMUNICATIONS AND DEVICES

Nike, Inc., and its subsidiaries and affiliates (including your employer, “Nike”) provide their employees with devices and electronic communication tools and systems for use in supporting business activities. These systems include Nike-owned hardware or Nike-licensed and approved software including company servers, company email accounts, applications, programs, company shared drives or file shares, message boards, instant messaging systems, blogs, internet channels, company cloud storage locations and various other systems (“Nike Systems”).

The following Policy provides continued support for employees to ‘Keep it Tight,’ and also helps to ensure that all electronic communication using Nike Systems is appropriate, professional, and legally compliant.

1. NIKE May Access NIke Systems and Monitor Your Communications

1.1. Subject to this Policy and any local Policy addendums applicable in your location, Nike monitors employee access to Nike Systems by way of automated tools that may scan, filter and record activities and communications on Nike Systems (even when employees are absent and off campus), to protect against unauthorized access and use of Nike Systems and any company-related information held in electronic form. This includes company emails and other communications, documents, data, databases, images, graphics, photos and other materials, which may include, but is not limited to, proprietary, confidential or personal information of Nike, its clients, consumers, suppliers, partners or other third parties ("Nike Material").  There should be no expectation of privacy in anything employees communicate, store or access when they access and use Nike Systems or Nike Material, which are considered Nike’s property, subject only to mandatory provisions of local law.  Nike has full authority to manage the Nike Systems and Nike Material, including the installation of software that tracks and records device and data activity in the Nike Systems.

1.2. Nike Systems are provided to support Nike business and to give you the right tools and resources for performing your job.  Subject to any local Policy addendum or monitoring notice, which would override the terms in this Policy, and as permissible by applicable law, incidental and occasional non-business use of the Nike Systems is permitted within Nike.  But any use of the Nike Systems and the content of any materials communicated on Nike Systems, including personal materials and information, may be viewed and recorded by Nike for legitimate business purposes, including the following: ensuring security of Nike Systems and all data contained or transmitted therein, in particular Nike Material; securing proprietary information; preventing or mitigating the misappropriation of Nike Material; and verifying use patterns and activity on Nike Systems in order to anticipate, detect, thwart and evidence attacks on and infiltration of Nike Systems.  To the extent allowed under applicable law, employees’ personal information, if any, may also be processed for investigations and legal proceedings if the monitoring reveals unlawful acts or violations of Nike policies. Personal information will be accessed exclusively by persons authorized by Nike and any processing of your personal information will be performed in a manner intended to limit the impact on employee’s privacy and kept for the time necessary to achieve the purposes outlined above.

1.3. Where there is a justified suspicion of any threat, security violation or misappropriation in relation to Nike Systems or Nike Material, Nike may engage in supplemental monitoring, viewing or recording of any activity in the Nike Systems. Information relating to and produced by such viewing and recording activities may be disclosed, without notice or other restrictions, to other Nike group entities and to third party providers and law enforcement, which may be located outside the country of employment, for any of the purposes set forth in this Policy or to comply with applicable law. Subject to any Nike local monitoring policy or notice, and as permissible by applicable law, Nike reserves the right to access at any time the Nike Systems using automated tools or by manual review, to monitor data and messages within the Nike Systems, and to read, reject or remove any message (including attachments) composed, sent or received, for the purposes set forth in this Policy or to comply with applicable law. Nike reserves the right to limit and/or terminate access to Nike Systems at any time, as a result of non-compliance with this Policy, or for any other reason consistent with the purposes set forth in this Policy; such right may be further described in other Nike policies or employment contracts, if applicable.

1.4. Nike Systems are not designed for personal employee use.  Subject to this Policy and any local Policy addendums applicable in your location,employees who do make incidental and occasional personal use of Nike Systems should file personal materials in a separate folder clearly marked as such (by marking or naming the folder “PERSONAL”).  Consistent with and subject to local law and process, Nike reserves the right to access material stored in that location on a Nike device, despite its being marked as Personal, to the extent doing so is necessary to protect Nike Systems and Nike Material. Consistent with and subject to local law and process, any personal materials stored in Nike Systems may be used against you to the fullest extent permissible under applicable law, including to justify termination or in the context of litigation.

1.5. To protect Nike Systems and Nike Material, Nike may remotely wipe Nike-owned devices at any time.  When leaving Nike, employees must return their Nike-owned device(s) and all Nike Material to Nike.  Employees’ access to Nike Materials, including company email, will be terminated when the employee leaves the company.  It is the employee's obligation to remove or retrieve any personal materials that may exist on their Nike-owned devices, and while Nike will seek to provide opportunity for employees to remove personal materials on Nike-owned devices employees may not be guaranteed an opportunity to obtain copies of all personal materials on those devices. Nike’s right to view, record, access and monitor Nike Systems and Nike Material remains enforceable even after you leave Nike and surrender the device to Nike. Failure to return Nike devices to Nike can result in potential legal action against the former employee. 

2. Keep NIKE's Secrets

2.1. Nike business may only be conducted on Nike Systems.  Employees may not use personal communications channels, such as personal email accounts, to conduct Nike work.  Employees may not forward any Nike Materials to a personal email account or non-approved external file sharing programs without a legitimate business need and pre-approval. 

2.2. All employees are responsible for ensuring that Nike's non-public, proprietary or confidential information does not enter the public domain (for example, through electronic transmissions). Employees are responsible for securing any Nike Material in their possession.  All employees are also responsible for complying with the terms of any confidentiality and proprietary agreements they have signed, or similar provisions in employment agreements or other Nike policies, including Nike’s Confidential Information and Trade Secret Policy.

2.3. Nike's proprietary and confidential information includes, but is not limited to, any information, data, ideas, plans, strategies, concepts or proposals relating to the following:

  • inventions, patents, prototypes, and unreleased products;
  • marketing, sales, promotional plans and ideas, and customer information;
  • production data, futures orders, and forecasts;
  • corporate matters governed by government regulations (including SEC regulations), such as earnings, sales and forecasts;
  • communications with company lawyers or documents marked confidential;
  • personal information of consumers, elite athletes, research subjects, Nike employees and independent contractors, customers and suppliers/vendors; or
  • anything else which, in the wrong hands, could be an advantage to Nike's competitors or could put Nike at a competitive disadvantage.

2.4. If you have a question as to whether information is considered proprietary or confidential, be sure to talk with your manager before taking any next steps. In some cases, protection of confidential data is a legal requirement, not just a company policy. Legal requirements vary by country and employees should check with Nike's legal department to identify relevant local legal requirements.

2.5. Use the most secure communication method commercially available to transfer Nike's proprietary or confidential information, being mindful that Nike's private network and Nike-provided tools are always preferable to the Internet. Use Nike-provided email accounts, approved secure file transfer services, or approved messaging services to conduct Nike business; personal email accounts such as Gmail or Yahoo, and unapproved file transfer or messaging services, must not be used.  Nike Material, especially proprietary or confidential information, may not be shared except in the normal course of business and consistent with Nike policies.   

3. Make Sure Your Communications are Appropriate and Professional

3.1. Do not use words, phrases or symbols in any electronic communications – either internal Nike communications or external business communications – that may be viewed by diverse audiences as inappropriate, offensive, or defamatory. Carefully review the content of any communications prior to publishing or distributing and consider the intended and unintended audiences (as content could be shared beyond the original audience). Consider whether the content, if shared publicly or subpoenaed, would be damaging or embarrassing to either you or Nike. Nike's anti-harassment and anti-discrimination policies and any similar provisions in company handbooks, work rules, internal regulations or your employment agreement apply to written as well as verbal internal and external business communication. Subject to any Nike local monitoring policy or notice, and as permissible by applicable law, Nike may review communications to determine whether any Nike policy is violated, and will take appropriate steps to remedy any inappropriate behavior.

4. Internal blogs and other Internal communication

4.1. When developing an internal blog or other communication, remember that all Nike policies apply, including this Policy and the Matter of Respect Policy. If your blog or other communication contains links to other content outside your control (like an external website), be sure to first review all the links associated with the content to ensure that it is appropriate.

5. Social Media Policy

5.1. Use of social media platforms such as Facebook, Twitter, LinkedIn and others is addressed in Nike’s Policy for Communication on External Websites and Social Media Platforms.

6. Respect Copyrights and Other Material Owned by Third Parties

6.1. Loading, sharing and maintaining unlicensed music, movies, software, or other similar items owned by third parties in Nike Systems is prohibited.

7. Retention oF INFORMATION

7.1. Nike will retain business records and information (which may include company email) for a specific retention period, depending on the type of record. There may also be laws and regulations that require Nike to retain certain records for a period of time, and it is Nike's policy to comply with them. At the expiration of the appropriate retention time, the information will be deleted or archived in accordance with applicable law. See the Record Retention Policy and Schedule for more information about appropriate retention periods.

8. Improper Use

8.1. Improper use of the Nike Systems or Nike Material, as outlined in the applicable Nike policies or in employment contracts, if applicable, may result in limitation or revocation of your electronic access privileges as well as corrective action, up to and including termination. Activities that may constitute improper use include, but are not limited to, the following:

  • sending Nike Material to anyone not entitled to know or possess it;
  • accessing Nike Material for non-business uses;
  • sending or retrieving sexually explicit or offensive messages, cartoons or jokes, ethnic slurs, racial epithets or any other statement or image that might be construed as harassment, defamation or libel using Nike Systems or when conducting Nike business;
  • conducting Nike business outside Nike Systems (for example, with non-Nike-provided or approved electronic communications systems);
  • accessing Nike Material (1) through a device that is not provided by Nike, or (2) outside Nike-approved secure access methods, including but not limited to: mobile device management systems, virtual desktop infrastructure, VPN connections, or Nike-provided secure applications;
  • operating a personal business using Nike Systems or using Nike Systems or Nike Material for other commercial purposes unrelated to Nike’s;
  • making excessive or unreasonable personal use of Nike Systems, including use that interferes with your work performance or uses more than a trivial amount of resources;
  • sending unsolicited or unwanted personal views on social, political, religious or other non-business-related matters using Nike Systems;
  • engaging in unlawful activities, including sending or receiving copyrighted materials in violation of copyright laws or license agreements using Nike Systems;
  • automatic forwarding Nike individual user email to any external address;
  • engaging in personal business, profit-making activities, or personal activities that incur additional costs to Nike or interfere with an employee's work performance;
  • creating and installing any virus, worm, Trojan Horse, or any other type of electronic file that might have the ability to harmfully affect another user or system or gather personal or business information without approval;
  • sending chain letters, non-business-related attachments, advertisements, greetings and broadcast messages (including computer virus warnings) using Nike Systems;
  • sharing of your password(s) for Nike Systems with anyone, both external and internal to Nike;
  • allowing someone to access Nike Systems or Nike Material while leveraging the rights and permissions of your Nike account(s);
  • knowingly accepting, transmitting or distributing unsolicited bulk email, or harvesting or collection of email addresses from Nike Systems for the purpose of sending unsolicited email; or
  • any other violation of Nike policy or applicable law.

9. PROTECTING YOUR PERSONAL INFORMATION

9.1. Any personal information Nike collects and processes in furtherance of this Policy will be processed and stored for the purposes and by the recipients described in this Policy and in compliance with Nike’s Employee Privacy Policy, to the extent such a policy is in effect in your location.

9.2. Nike reserves the right to modify or to rescind this Policy at any time, consistent with applicable law. Also, this Policy is subject to and may be superseded by any local policies that a Nike company may adopt. For example, retail employees should check with Retail Store Operations Policy which may have different or additional requirements.

9.3. It is important for employees to understand that this Policy should not interfere with any rights protected under local or country law, including, where applicable, employees' rights to access personal data and discuss their terms and conditions of employment.

9.4. Employees who have questions or other inquiries about anything covered in this Policy may contact Nike Human Resources through HR Direct. 

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