Last Updated: NOVEMBER 2022
1. WHO is Responsible for the Processing of Your Personal Data?
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:
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:
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.
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.
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.
To process your personal data, we rely on certain legal grounds, depending on how you interact with our Platform.
6. SHARING of Your Personal Data
Nike shares your personal data, including the categories identified above, with and may disclose it for a business purpose to:
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.
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.
International Transfers of your Personal Data
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
7. YOUR RIGHTS Relating to Your Personal Data
You may have the right to request:
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.
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.
11. QUESTIONS and Feedback
.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.