Terms of Use for Location-Based Services (Nike Training Club and Nike Running Club Mobile Applications)

Article 1 (Purpose) The purpose of these terms of use (“Terms”) is to set forth the rights, duties and responsibilities of the Company and users (a “User”) related to the use of the Nike Training Club (“NTC”) and Nike Running Club (“NRC”) mobile applications (collectively, the “Services”) offered by Nike, Inc. (the “Company”).

Article 2 (Effectiveness of these Terms and Revision)

  1. These Terms take effect when a User registers for the Services and consents to these Terns in the process prescribed by the Company.
  2. When a User registers online for 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 the existing Terms, 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 not consent 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)

• 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)

• 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)

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 (Usage or Provision of Personal Location Information)

  1. When the Company intends to provide the Service by using personal location information, the Company must indicate such fact in these Terms and obtain consent therefor from personal location information subjects.
  2. 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.
  3. When the Company provides personal location information to a third party of the User’s designation, the Company 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 on provision of location-based service and personal location information provision to a third party that rely on personal location information that had been made to 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.

Article 9 (Designation of the Chief Location Information Officer)

  1. The Company shall designate as its Chief Location Information Officer a person in the position that can bear essential responsibilities to ensure adequate management/protection of location information and the smooth processing of complaints from personal location information.
  2. The Chief Location Information Officer shall serve as the head of the business department responsible for providing location-based services, and specific details shall be as defined in the supplementary provisions of these Terms.

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 Member. In such a case, the Member 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:

1. Trade name : Nike, Inc.

2. Representative : Mark Parker

3. Address : 1 Bowerman Drive, Beaverton, Oregon USA 97005

4. Main telephone: 503-671-6453

Supplementary Provision March 31, 2019

Article 1 (Enforcement Date) These Terms shall be enforced starting on March 31, 2019.

Article 2 The Chief Location Information Officer shall be designated as follows as of March, 2019:

1. Affiliation: Anne Bradley, Chief Privacy Officer

2. Contact: privacy.office@nike.com