LOCATION INFORMATION TERMS & CONDITIONS

(NIKE TRAINING CLUB, NIKE RUN CLUB, AND SNKRS APP MOBILE APPLICATIONS)

 Article 1 (Purpose) 

1. The purpose of these terms and conditions (“Terms”) is to set forth the rights, duties and responsibilities related to an enduser’s (a “User”) use of the Nike Training Club (“NTC”), Nike Run Club (“NRC”), and SNKRS App (“SNKRS App”) mobile applications (collectively, the “Services”) offered by Nike, Inc. (the “Nike, Inc.”).
2. These Terms shall also set forth the rights, duties and responsibilities related to the collection of User location information by Nike Korea, LLC (the “Nike Korea”) within the SNKRS App, and shared with Nike, Inc. to enable certain Services.
3. Nike, Inc. and Nike Korea will collectively be referred to as the “Company” where the two shall have identical obligations with respect to a User’s location information.

Article 2 (Effectiveness of these Terms and Revision)

1. These Terms take effect when a User registers for one or more of the Services and consents to these Terms in the process prescribed by the Company.
2. When a User registers online for one or more of the Services and agrees to these Terms by clicking on “I agree” button, such User is deemed to have read and fully understood all of these Terms and to have agreed to be bound thereby.
3. The Company may revise these Terms within a scope that is not in violation of applicable laws such as the Act on the Protection, Use, Etc. of Location Information (“Location Information Act”), the Content Industry Promotion Act, the Act on Consumer Protection in Electronic Commerce, Etc., the Framework Act on Consumers, and the Regulation of Standardized Contracts Act (“RSCA”).
4. In the event the Company revises these Terms, the Company shall make a public announcement indicating a summary of the revised Terms, the effective date of the revised Terms and the reason for the revision along with the current Terms from 10 days before the effective date until lapse of an adequate period after the effective date. When the revised terms and conditions are disadvantageous to the User, the details should be posted in the Services or a digital notice (email, SMS, app push, etc.) concerning the revision of these Terms should be sent to the User 30 days before the effective date, and the notice in the Services shall remain posted until lapse of an adequate period after the effective date.
5. When the Company issues the notice to the User in the manner described in the previous Paragraph, the User is considered to have approved the revision(s) unless the User’s declination is expressed between the announcement/notice date and 7 days after the effective date of the revised Terms. When the User does notconsent to the revised Terms, the User must terminate use of the Services and these Terms shall no longer apply.

Article 3 (Application of Relevant Bylaws) These Terms shall apply fairly based on the principle of good faith and any matters not specified herein shall be determined in accordance with relevant laws and regulations or trade conventions.

Article 4 (Description of the Services) The Services provided by the Company is as follows:

 

“Service Name”

Description

Nike Training Club (NTC)

Nike, Inc. • Exercises recommended to fit your daily life • Customized flexible training plans • Expert tips from the best trainers • Exercises that are suitable for all levels • Exercises developed by your favorite athletes • Share completed exercises with friends depending on the User’s preferences   • Synchronization with Apple Watch (Use of location information for tagging the location when sharing the exercise information with Nike feed)

 

“Service Name”

Description

Nike Run Club (NRC)

Nike, Inc. • Runs can be tracked and saved (including pace, location, distance, elevation, heart rate, mileage, etc.) • Audio guided runs with Nike coaches and athletes • Participate in challenges of various distances each week and month • Customized coaching plan adjusted based on your schedule and level of improvement • Trophies and badges that congratulate achievement records • Compare and compete with friends on a leader board • Cheering from friends during a run • Share completed runs with friends depending on the User’s preferences • Synchronization with Android Wear and Apple Watch (Use of location information in order to verify the outdoor running routes)

 

“Service Name”

Description

SNKRS App

Nike Korea ・Collection of location information via Bluetooth beacons during designated Nike events ・Sharing location information with Nike, Inc. within the SNKRS App during gamification or unlock features, such as SNKRS Stash, to explore, shop, and register for/join the opportunity to shop the high-demand or exclusive Nike and Jordan products   Nike, Inc. ・Explore, shop, and register for/join the opportunity to shop the high-demand or exclusive Nike and Jordan products ・Unlock exclusive events and releases ・Discover stories (Use of location information in order to unlock, join the events or register for the opportunity to shop products, and find retailer locations)

Article 5 (Fees)

1. Users may access the Services free of charge. However, Company may offer additional content within the Services that may be subject to additional fees.
2. Data charge will apply separately for wireless service usage, and the rates may vary according to the mobile communication service provider’s policy.

 Article 6 (Notice of Changes in Service Description, Etc.)

The Company may make changes to the Services description or terminate access to the Services in accordance with the Nike Terms of Use.

 Article 7 (Collection, Usage or Provision of Personal Location Information)

1. When the Company intends to provide the Service by collecting (by Nike Korea) or using, and/or providing personal location information (by Nike, Inc.), the Company must indicate such fact in these Terms and obtain consent therefor from personal location information subjects.
2. Based on Article 16, Paragraph 2 of the Location Information Protect Act, the Company automatically records/stores in the location information system the verification materials regarding the collection/usage/provision of location information for purposes such as settleing claims with customer and to respond to customer complaint. Said data will be stored for more than 6 months.
3. The Company must not provide personal location information of a User to a third party without consent of the User, and if it provides services provided by a third party, it must notify the persons receiving the same and purpose of provision to the User in advance and obtain consent.
4. Nike Korea will collect a User’s personal location information through the use of Bluetooth technology, enabled through the SNKRS iOS or Android App.  Users of SNKRS App may consent to or disable permission for the app to access to Bluetooth on her/his device anytime.
5. When Nike, Inc. provides personal location information to a third party of the User’s designation, the Nike, Inc. immediately informs the User of the party that received the information, date & time of the provision and the purpose of provision upon each provision using the communication terminal device that collected the personal location information. However, the notice will be made to the communication terminal device or the email address specified and designated by the User in advance in the event of any one of the following conditions:
   1. When the communication terminal device that collected personal location information is not equipped to receive text, audio or video message.
   2. If a User requested that personal location information be notified to a communication terminal device or email address, etc. other than the relevant communication terminal device from which it was collected.

 Article 8 (Rights of Personal Location Information Subjects)

1. The User may at any time withdraw a part or the entirety of the consent to (a) collect or use personal location information and/or (b) to provide personal location information to third party services that rely on location information provided by the Company. In the event a User contacts Company and requests that Company delete the User’s account, the Company shall destroy personal location information and verification data concerning location information usage/provision it had collected.
2. The User may at any time request temporary suspension of collection, usage or provision of personal location information to the Company, and the Company cannot decline the request and is equipped with technical measure to accommodate the request.
3. The User may request perusal or notification of the data listed below and request correction of any error in said data. In such a case, the Company may not decline the User’s request without a valid reason.
   1. Data to verify collection, usage and provision of the User’s location information.
   2. The reasons and description as to why the User’s personal location information was provided to a third party pursuant to the Location Information Act or other regulations.
4. The User may make requests to the Company for exercise of the rights described in Paragraph 1 through Paragraph 3 in the procedure prescribed by the Company. Please contact us via: (i) an email to privacy@nike.com or (ii) the “Contact Us” section in the Services.

Article 9 (Purpose of Use and Period of Retention of Personal Location Information)

1. Nike, Inc. collects and uses location information to provide location-based services as outlined above. Nike Korea collects, uses, and shares location information with Nike, Inc. to enable certain location-based services within the SNKRS App, as outlined above.
2. The Company will retain personal location information until the purpose of retaining personal location information has been achieved (unless a longer retention period is required by applicable law).
3. Based on Article 16, Paragraph 2 of the Location Infromation Protection Act, the Company automatically records the data verifying the collection, use and provision of users' location information and retains it for at least 6 months.

Article 10 (Indemnity)

1. In the event the User suffers damages as a result of the Company’s violation of the provisions set forth in Article 15 through Article 26 of the Location Information Act, the User may seek indemnity against the Company. In such a case, the Company shall be released from its liability unless it is able to prove lack of intent or gross negligence.
2. In the event the Company suffers damages as a result of the User’s violation of a provision in these Terms, the Company may seek indemnity against the User. In such a case, the User shall be released from its liability unless it is able to prove lack of intent or gross negligence.

Article 11 (Exemptions)

1. The Company is not responsible for damages suffered by the User as a result of the Company’s inability to provide the Service in the following conditions:
   1. In the event of natural disaster or any force majeure comparable thereto
   2. In the event of intentional service interruption by a third party that entered into a service partnership agreement with the Company for provision of the Service
   3. In the event of problems in the Service usage for a reason ascribed to the User
   4. In the event of a condition not caused by the company’s intent/gross negligence other than the conditions described in No. 1 through No. 3
2. The Company does not guarantee the reliability, accuracy, etc. of the Service or any information, data or fact included in the Service, and it shall not be responsible for any damage suffered by the User based thereon.

Article 12 (Application of Regulations)

1. These Terms shall be regulated and performed in accordance with the laws of the Republic of Korea.
2. Issues not defined in these Terms or the Nike Terms of Use shall observe relevant bylaws and trade conventions.

Article 13 (Mediation of Dispute and Other)

1. In the event the parties to a dispute related to location information fail to reach an accord or hold discussions, the Company may seek mediation of the Korea Communications Commission under the provision set forth in Article 28 of the Location Information Act.
2. In the event the parties to a dispute related to location information fail to reach an accord or hold discussions, the Company or a customer may seek mediation from the Personal Information Dispute Mediation Committee under the provision set forth in Article 43 of the Personal Information Protection Act.

Article 14 (The Company’s Contact Information) 

The Company’s trade name, address, etc. are as follows:

・Trade name : Nike, Inc.

・Address : 1 Bowerman Drive, Beaverton, Oregon USA 97005

・Main telephone: +1-800-806-6453

・Trade name : Nike Korea, LLC

・Address : Gangnam Finance Center, 30f, 152, Teheran-Ro, Gangnam-Gu, Seoul (06236)

・Main telephone: +82 080-022-0182

 

Supplementary Provision October 10, 2024

Article 1 (Enforcement Date) Previous terms which came into effect from July 1, 2024 will be replaced by this Terms and it will become effective as of October 10, 2024.