en-JP .SWOOSH Privacy Policy

.SWOOSH Privacy Policy

Last Updated:  NOVEMBER 2022

This Privacy Policy describes how personal data is collected or generated (processed) by Nike, Inc. when you access or use the .SWOOSH website at [https://www.swoosh.nike/] (the “Site”), as well as any services, features, and functionality provided through or on the .SWOOSH website (“Services”), including the receipt or use of any Non-Fungible Token (“NFT”) or Digital Collectible (“Products,” and collectively with the Site and Services, the “Platform”).  This .SWOOSH Privacy Policy and the Nike Inc. Privacy Policy [accessible at https://www.nike.com] together explain how your personal data is used, shared and protected by Nike, what choices you have relating to your personal data and how you can contact us.  For country-specific provisions, please visit the Nike Inc. Privacy Policy [accessible at https://www.nike.com]. 

1. 1.     WHO is Responsible for the Processing of Your Personal Data?
2. 2.     WHAT Personal Data Do We Collect and WHEN?
3. 3.     KIDS
4. 4.     TOOLS to Manage What Personal Data We Collect
5. 5.     WHY and HOW Do We Use Your Personal Data?
6. 6.     SHARING of Your Personal Data
7. 7.     YOUR RIGHTS Relating to Your Personal Data
8. 8.     COOKIES and Pixel Tags
9. 9.     USING the .SWOOSH Platform with Third-Party Products and Services
10. 10.  CHANGES to Our Privacy Policy
11. 11.  QUESTIONS and Feedback

1. WHO is Responsible for the Processing of Your Personal Data?

Nike, Inc. is responsible for the processing of your personal data and is referred to as “Nike,” “our,” “we,” or “us” in this Privacy Policy.

2. WHAT Personal Data Do We Collect and WHEN?

We ask you for certain personal data to provide you with the Products or Services you request. For example, we collect personal data when you access and use our Platform; sign into your Nike member account via .SWOOSH website; contact our consumer services or otherwise chat with us or other individuals via a third-party platform (e.g., Twitter, Instagram); or sign up to receive communications from us. 

This personal data includes:

• Identification or Customer Information: identifiers and contact details, including your name and mailing address; email address; phone number; date of birth; country information; gender (to the extent reflected in your Shopping Preference); login and account information, including your password and unique User Handle; and your SwooshID NFT, which may include a member number, time and date of joining the .SWOOSH website, and country information; and
• Preference Information: personal preferences, including your marketing and cookie preferences.

When you open an account or conduct a transaction, we may also collect personal data to verify your identity or comply with our legal obligations.  This data includes:

• Verification Information. Includes your Identification or Customer Information, such as name and mailing address; email; country information; phone numer; and date of birth.  Additionally, we may receive personal data from public databases and our identity verification partners for purposes of verifying your identity or comparing it with sanctions lists.  Such information may include your status on any sanction lists maintained by public authorities.

When interacting with our Platform, we and our partners automatically collect certain data from your device or web browser. More information about these practices is included in the “Cookies and Pixel Tags” section of this Privacy Policy below.  This data includes:

• Internet or other network activity information: device type; device ID; cookie information; IP address; previously visited website, to the extent it was part of the Site; data identifying your web browser, version, and language; country; and interactions with our Site, including page views and clickstream data.

You are not required to provide all personal data identified in this Privacy Policy to use our Platform or to interact with us, but certain functionality will not be available if you do not provide certain personal data. For example, if you do not provide certain personal data, we may not be able to respond to your requests, perform a transaction with you or provide you with marketing that we believe you would find valuable.     

3. KIDS

Our Platform is not directed at children, and we do not knowingly collect personal data online from children under the age of 13 or under the legal age limit of the country where they reside.

4. TOOLS to Manage What Personal Data We Collect

When using our Platform, we may provide in-time notice or obtain consent for certain practices. You may amend some of your profile information by logging into your account, and you may opt out of our marketing emails by clicking on the “unsubscribe” link contained in them.  You may also contact us as detailed below.

In many cases, your web or mobile browser will provide additional tools to allow you to control when your device collects or shares particular categories of personal data.  For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing.  We encourage you to familiarize yourself with and use the tools available on your devices.

Please note that your use of certain features of the Platform will require your personal data, including wallet address, to be cryptographically transmitted and stored on the publicly-searchable Polygon blockchain. Neither Nike, nor any third-party, has any power to control, modify, or delete such data published to the Polygon blockchain.

5. WHY and HOW Do We Use Your Personal Data?

We use your personal data in the following ways:

To Provide the Features of the Platform, Including Products and Services You Request

When you use our Platform, we will use your personal data to provide the requested Products and Services including, but not limited to, helping you view, explore, or receive Products; confirming or verifying ownership of NFTs; sending you notifications related to actions on the Platform; and storing your Nike NFTs in your wallet.  We also use information about you or the Product you have received to help you resolve a problem or question.

To Communicate Information about our Products and Services, and for Other Promotional Purposes

We may send you marketing communications and news concerning Nike’s Products, Services, and other promotions that may be of interest to you.  You can opt-out at any time by following the “unsubscribe” link at the bottom of our emails or contacting us as detailed below.

Direct Marketing

We may use the contact details from your account to send you marketing communications about Nike’s Products or Services where permitted by applicable law (unless you have opted-out).

To Verify Your Identity

We may use your Verification Information to verify your identity. We may also use your Verification Information to compare it with sanctions lists and/or other similar lists issued by U.S. and foreign authorities, or where legally required.

To Operate, Improve and Maintain our Business, Products and Services

We use the personal data you provide to us to operate our business.  For example, when you receive a Product, we may use that information for accounting, audits and other internal functions.  We may use personal data about how you use our Products and Services to enhance your user experience and to help us diagnose technical and service problems and administer our Platform.

To Protect Our or Others’ Rights, Property or Safety

We may also use personal data about how you use our Platform to prevent, detect or investigate fraud, abuse, illegal use, or violations of our .SWOOSH Terms of Service, and to comply with court orders, governmental requests or applicable law.

For General Research, Analysis and Platform Improvement Purposes

We use data about how our visitors use our Platform, Products and Services to improve and enhance our Platform, Products and Services. 

Other Purposes

We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

Legal Grounds

To process your personal data, we rely on certain legal grounds, depending on how you interact with our Platform.

• When you receive Products from our Platform, we need your personal data to fulfill our contract with you.
• We process your personal data when we have your consent to do so.  When consent is the legal basis for our processing, you may withdraw your consent at any time.
• We also rely on other legal grounds, such as our legitimate interests as a business to process information about the effectiveness of our marketing campaigns, Products, Services and other promotional initiatives; to operate, improve and maintain our business, Products and Services; to protect our or others' rights, property or safety; to communicate with you; and for general research and analysis purposes. When processing personal data for our legitimate interests, we take appropriate measures to ensure that the interests we pursue are balanced with your interests, rights and freedoms, which we are happy to explain upon request.

• We process your personal data to comply with a legal obligation, or to protect your vital interests. For example,  we may process your personal data to verify your identity or compare it with sanctions lists.

6. SHARING of Your Personal Data

            Nike’s Sharing

Nike shares your personal data, including the categories identified above, with and may disclose it for a business purpose to:

• Group companies: Nike, Inc.’s affiliates for the purposes described in the section above. 
• Service providers: service providers processing personal data on our behalf, for example to host the Platform and manage and service your account; conduct any identity verification, sanctions and compliance checks; distribute emails; engage in research and data analysis; provide security and fraud prevention services, including two-factor authentication; and manage brand and product promotions.  When using service providers, we enter into agreements that require them to implement appropriate technical and organizational measures to protect your personal data. 
• Third-party partners of the Platform: for example, because Nike does not itself provide NFT wallets,  to separately establish your NFT wallet and store your NFTs.
• Other third-parties to the extent necessary: to (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Platform or violations of our .SWOOSH Terms of Service and our policies; (iii) defend ourselves against third-party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting). 
• Advisers, agents and financial institutions:including legal, tax, auditors, risk and compliance, notaries and business continuity support services.
• Any other third party: where you have provided your consent.

We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).

The details of your NFT-related transactions are public information and stored on the Polygon blockchain in association with your Polygon wallet addresses. Your User Handle is publicly identified with your wallet address.

Do We “Sell” Personal Data?

We do not sell personal data. We do not sell, or have actual knowledge of any sale of, the personal data of minors under 16 years of age. 

            Your Sharing

When you use certain features on our Platform, such as creating an account, certain information like your User Handle and NFTs you have received will be public.  You may also share personal data when you contact our consumer services or otherwise chat with us or other users via a third-party platform.

PROTECTION and MANAGEMENT of Your Personal Data

Encryption & Security 

We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the safety of your personal data. Despite our efforts, no website, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal data against unauthorized disclosure or misuse.

The personal data we collect (or process) in the context of our Platform will be stored in the USA and other countries. Some of the data recipients with whom Nike shares your personal data may be located in countries other than the country in which your personal data originally was collected. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data. Nevertheless, when we transfer your personal data to recipients in other countries, including the USA, we will protect that personal data as described in this privacy policy and in compliance with applicable law.

We use a variety of measures to ensure that your transferred personal data receives adequate protection in accordance with data protection rules.

Retention of your Personal Data

Your personal data will be retained for as long as is necessary to carry out the purposes set out in this Privacy Policy (unless a longer retention period is required by applicable law). In general, this means that we will keep your personal data for as long as you keep your account.

7. YOUR RIGHTS Relating to Your Personal Data

You may have the right to request:

• Access to your personal data, including the specific pieces of personal data that we have collected about you;
• Disclosure of information about our collection and use of your personal data, including (a) the categories of personal data we collect about you; (b) the categories of sources of the personal data we collect about you; (c) our business or commercial purpose for collecting your personal data; (d) the categories of personal data about you we have disclosed for a business purpose; and (e) the categories of third parties to whom we have disclosed your personal data for a business purpose;
• Correction of your personal data if it is incomplete or inaccurate; and
• Deletion or restriction of your personal data in certain circumstances as provided by applicable law.

We will not discriminate against you for the exercise of these rights. 

If you or your authorized agent have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us.  Contact details can be found in the “Questions and Feedback” section below.  We will verify your request either through a message sent to the email address associated with your account (so you must have access to this email account) or by asking you to provide information matching what we have for you within our systems.  Before we can act on a request from your authorized agent, we may require verification of your identity and proof from the authorized agent that they can act on your behalf.

Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your personal data on the basis of your consent before the point in time when you withdraw your consent.

Where we process your personal data based on our legitimate interest, you have the right to object to such processing.  We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.  

Opting Out of Direct Marketing. You can opt-out of direct marketing by modifying your email subscriptions by clicking on the unsubscribe link or following the opt-out instructions included in the message. You can also contact us using the contact details below.

8. COOKIES and Pixel Tags

Nike collects information, which may include personal data, from your browser or mobile device when you use our Platform. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Platform such as browsing history, click behavior and indicated preferences; and (ix) access times and referring URLs.

Third parties may also collect information via the Platform through cookies, third-party plug-ins and widgets. These third parties collect data directly from your web browser or device, and the processing of this data is subject to their own privacy policies.  More information on the identity of these third parties and their privacy policies is provided below.

We use cookies and pixel tags to track individuals’ usage of the Platform and to understand individuals’ preferences (such as country and language choices). This enables us to provide Services and improve the online experience. We also use cookies and pixel tags to obtain aggregate data about Platform traffic and interaction, and to identify trends and obtain statistics so that we can improve our Platform. There are generally two categories of cookies used on our Platform:

• Functional: These cookies are required for basic site functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Platform within a single session or, if you request, from session to session. They also help assist in security issues and conforming to regulations.

• Performance Cookies: These cookies allow us to improve our Platform’s functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember site preferences you have selected. Refusing these cookies may result in slow site performance. 

For a comprehensive and up-to-date summary of every third party accessing your web browser (through the Platform or otherwise), we recommend installing a web browser plugin built for this purpose.  You can also choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Platform more efficient, and some of our Services will not function properly.

 

9. USING the .SWOOSH Platform with Third-Party Products and Services

Our Platform may allow you to interact with certain other digital products and services.  Our Platform may provide links to other (third-party) websites and apps for your convenience or information. For example, we welcome users to chat with us or each other via Twitter or Instagram.

If you choose to connect your account with a third-party account, or otherwise connect to or interact with a third-party platform, your privacy rights on such platforms will be governed by their respective policies which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.

10. CHANGES to Our Privacy Policy

Applicable law and our information practices change over time. If we decide to update our Privacy Policy, we will post the changes on our Platform. We may also provide you with additional notice (such as by adding a statement to the Platform or sending you a notification), in connection with making material changes to this Privacy Policy. We strongly encourage you to read our Privacy Policy and keep yourself informed of our practices.  

11. QUESTIONS and Feedback

We welcome questions, comments, and concerns about our Privacy Policy and privacy practices. If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your personal data, please contact us at privacy@nike.com, 1.800.806.6453 or Nike, Inc., One Bowerman Drive, Beaverton, OR 97005, United States of America.  You may also have the right to lodge a complaint with the Data Protection Authority where you reside.

 

.SWOOSH Third-Party Cookies

 

For third-party cookies, we refer you to the websites and statements of these third parties. We strive to keep this list up to date, however due to the non-static nature of websites and considering that Nike has no control or influence over these third parties, it could be that this list is inaccurate or out of date.