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NIKE ELITE USER PRIVACY POLICY

This Elite User Privacy Policy is for professional athletes, coaches, team representatives, consultants or [brand] ambassadors that have an endorsement, sponsorship or similar contractual relationship with Nike or are acting under a such a contract with Nike (“Elite Users” or “you”)”). It describes the personal data that Nike collects from you and it explains how your personal data is used, shared and protected, what choices you have relating to your personal data and how you can contact us.

WHO is Responsible for the Processing of Your Personal Data?

The Nike entity responsible for the collection and use of your personal data is the Nike entity with which you have a contract (an “Agreement”). The relevant Nike entity with which you have a contract is referred to as “Nike”, “our”, “we” or “us” in this privacy policy.

To the extent you use other Nike sites or apps, for example Nike.com and Nikeplus.nike.com, and Nike’s mobile applications, the Nike Privacy Policy available through those sites or apps will govern your use of those services.

WHAT Personal Data We Collect and WHEN

We collect your personal data when you enter into your Agreement with us and when you participate in Nike’s events. We also collect your personal data when you interact with NikeElite.com, Gameday, and other digital apps or platforms for Nike’s Elite Users (referred to in this privacy policy as an “Elite User Digital Experience”).

This personal data may include your:

• Contact details including name, email, telephone number and physical address;
• Login and account information, including screen name, password and unique user ID;
• Personal details including gender and date of birth;
• Images, photos and videos that we create or you provide under the Agreement;
• Information regarding your sport and team affiliations; 
• Location information that we may collect through your use of our mobile applications, including GPS information;
• Information Nike collects directly from you as part of our relationship, including information you provide as required under our Agreement;
• Email, shipping address, name and phone number of guests that use your product allowance; and/or
• Any other personal data that you may provide to Nike when participating in one of Nike’s Elite User events or interacting with an Elite User Digital Experience.   

Health and body measurement data may be considered sensitive information in certain jurisdictions and we take appropriate measures in protecting and using this personal data. Where required by applicable law or under Nike’s internal policies, we will obtain your consent for the collection and use of this personal data. We will also make sure we provide you with clear information about how Nike will use this personal data.

When interacting with an Elite User Digital Experience, certain personal data is automatically collected 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 personal data includes:

• Device IDs, call state, network access, storage information and battery information; and
• Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.

Tools to Manage What We Collect

When using an Elite User Digital Experience, we provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or send push notifications. We may obtain this consent through the Elite User Digital Experience or by using the standard permissions available on your device.

In many cases, your web browser or mobile device platform 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.

WHY and HOW We Use (Process) Your Personal Data

We use the personal data we collect from you in the following ways:

To carry out our Agreement with You

We will use your personal data to exercise our rights and perform our obligations under our Agreement and provide any related services.  For example, we will use your contact information and other personal data to supply Nike products to you, make payments to you (where applicable) and inform you of any Nike events or promotions that you may need to attend as part of our Agreement. We will also use your personal data to respond to any query, claim or complaint that you might make.

Advertising and Marketing

In accordance with the terms of our Agreement, Nike may use your personal attributes (such as your name, image or videos of you) and your experiences and feedback in using Nike’s products in its marketing (including on our social media channels).

To Provide the Features of the sites and Services You Request

When you use an Elite User Digital Experience, we will use your personal data to provide the product or service you have selected.  For example, if you request a product through NikeElite.com we will use the contact information you give us to communicate with you about the purchase and to deliver your order. We will also use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question. The personal data you provide will also help us keep track with what type of Nike products you have ordered and how much more Nike product you may entitled to purchase under our Agreement. 

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

We may use personal data you provide to us to operate our business.  For example, when you request products, we may use that information for accounting, auditing and other internal functions.  As another example, we may use personal data or feedback about your interaction with our products to design and to conduct analysis to maintain, enhance, and improve current products and services or develop new products or services. We also use our internal systems to assess performance.

To Protect Our or Others’ Rights, Property or Safety

Where permitted or required by law, we may use the personal data provided to us under our Agreement or the personal data about how you use an Elite User Digital Experience to prevent or detect fraud, abuse, illegal uses and violations of our terms and to comply with court orders, governmental requests or legal requirements.

For General Research and Analysis Purposes

We may use the personal data you provide to us for general research and analysis purposes. For example, we may use your personal data to assess and measure your performance or use your measurements in order to provide you with customized apparel and footwear.

We will also use your personal data to understand your purchasing behavior or preferences.  For example, we may use information about how you search NikeElite.com to find products to better understand the best ways to organize and present product offerings and to create marketing content.

Lawful Grounds

Our primary legal ground for using your personal data is to fulfill our Agreement. We may also need to rely on your consent or other legal grounds, such as our legitimate interests as a business or that we need to comply with a legal obligation.

SHARING of Your Personal Data

Nike’s Sharing

Nike shares your personal data with:

• Nike entities for the purposes and under the conditions outlined above.

• Third party service providers processing personal data on Nike’s behalf for the purpose of Nike exercising its rights and performing its obligations under our Agreement, for example to process shipping and deliveries, manage and service our data, distribute emails, conduct research and analysis, manage brand and product promotions as well as administer certain services and features.   When using third party service providers such as law firms, PR firms, advertising agencies, event organizers, system platform providers, product customizers and product delivery companies, we enter into agreements that require them to implement appropriate technical and organizational measures to protect your personal data. 

• Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal or fraudulent uses of our sites and apps or violations on our sites’ and the apps’ Terms of Use and our policies; (iii) notify a third party about our rights or enforce our rights under our Agreement against a third party; (iv) defend ourselves against third party claims; and (v) assist in fraud prevention or investigation (e.g., counterfeiting).

• to any other third party where you have provided your consent.

SECURITY of Your Personal Data

We take the security of your personal data very seriously and make reasonable efforts to ensure a level of security appropriate to the risk of the processing of personal data.  Taking into account the costs of implementation and nature of the data processing, we apply technical and organizational measures to prevent unauthorized access, destruction, loss, alteration, or misuse of personal data, for example, by using encryption, pseudonymizing and authentication tools.  Your personal data is contained behind secured networks and is only accessible on a need to know basis by a limited number of persons who have special access rights to these systems to perform their duties. 

INTERNATIONAL TRANSFER of Your Personal Data

The personal data we collect (or process) in the context of Nike’s User events or an Elite User Digital Experience 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 personal 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 take measures to comply with applicable legal requirements for the transfer of personal data to recipients in countries outside of the EEA or Switzerland that do not provide an adequate level of data protection. We use a variety of measures to ensure that your personal data transferred to these countries receives adequate protection in accordance with data protection rules; this includes signing the EU Standard Contractual Clauses, verifying the recipient has adopted Binding Corporate Rules or adheres to the EU-US and Swiss-US Privacy Shield Framework. Where personal data is transferred within Nike, we use an intragroup data transfer agreement.

 YOUR Rights

Depending on your location, you may have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability); (iii) correction of your personal data if it is incomplete or inaccurate; or (iv) deletion or restriction of your personal data in certain circumstances provided by applicable law. These rights are not absolute. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. If you would like to request a copy of your personal data or exercise any of your other rights, please contact us using the contact details provided in the “Question and Feedback” section below.

• Retention of your data: We retain your personal data for as long as 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 we will keep your personal data for as long as you have an account on an Elite User Digital Experience or have an Agreement with us. We may retain your personal data for longer periods in order to comply with our legal obligations (such as tax and sales law and for warranty purposes).

COOKIES and Pixel Tags

Nike receives and records information, which may include personal data, from your browser when you use an Elite User Digital Experience.  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 an Elite User Digital Experiencesuch as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.

Third parties may also collect personal data via an Elite User Digital Experience,through cookies, third party plug-ins and widgets.  These third parties collect personal data directly from your web browser and the processing of this personal data is subject to their own privacy policies.

We use cookies and pixel tags to track usage of an Elite User Digital Experienceand to understand preferences (such as country and language choices).  This enables us to provide services that improve the online experience.  We also use cookies and pixel tags to obtain aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can improve the Elite User Digital Experience.  There are generally two categories of cookies used in an Elite User Digital Experience:

• 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 an Elite User Digital Experiencewithin a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.

• Performance: These cookies allow us to improve the Elite User Digital Experience functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request or allow us to remember site preferences you have selected.  Refusing these cookies may result in poorly-tailored recommendations and slow site performance.

For a comprehensive and up-to-date summary of every third-party accessing your web browser (through an Elite User Digital Experience 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 an Elite User Digital Experience more efficient and some of our services will not function properly.

CHANGES to our Elite User Privacy Policy

Applicable law and our practices change over time. If we decide to update this privacy policy, we will post the changes on NikeElite.com or notify you directly. If we materially change the way in which we process personal data, we will provide you with prior notice or, where legally required, request your consent prior to implementing such changes. We strongly encourage you to read this privacy policy and keep yourself informed of our practices. This privacy policy was last modified in June 2021.

QUESTIONS and Feedback

We welcome questions, comments, and concerns about this 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 then, in the first instance, we suggest you contact your sports marketing manager.

You can also contact us at privacy@nike.com. Our Data Protection Officer's contact details are: Nike Privacy Office, Nike European Operations Netherlands B.V., Colosseum 1, 1213NL Hilversum, The Netherlands or One Bowerman Dr., Beaverton, OR 97005, USA or privacy@nike.com.

If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner. You also have the right to lodge a complaint with the relevant supervisory authority in the country in which you reside.

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