CONTENTSCollection of Information
Use of Information
Targeted Advertising and Analytics
Disclosures of Information
Your Privacy Rights and Choices
Transfers of Information to the United States and Other Countries
Additional Disclosures for Individuals in California
Additional Disclosures for Individuals in Europe
COLLECTION OF INFORMATION
The information we collect about you depends on how you interact with us or use our Services. In this section, we describe the categories of information we collect and the sources of this information.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information directly from you when you make a purchase, create an account, fill out a form, submit a product review or post content through our Services, participate in a survey, contest, promotion or event, request customer support, or otherwise communicate with us. The types of information that we collect include your name, email address, postal address, phone number, birth date, payment method information, photos and videos (such as in connection with a product review or product feedback), social media handles, and any other information you choose to provide. If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.
If you choose to participate in certain programs, such as wear testing, customer surveys, research studies, or to use our Run Signature tool, we may collect additional information to advise you on product selection and help improve our products. This includes demographic information like your age and sex, information about your running habits and other exercise activities, foot width, weight, BMI, pronation, information about injuries you’ve experienced, and running assessment data. You may also choose to provide scans of your feet to help us provide shoe recommendations. If you participate in some of our initiatives to improve our products, we may also give you the option to provide additional demographic information, such as data about your race/ethnicity, where you live (e.g., urban or rural), and your household income range. See the Your Privacy Rights and Choices section below to learn more about the options you have with respect to such information.
Information We Collect Automatically
We automatically collect certain information about your interactions with us or our Services, including:
- Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
- Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers and browser type. We also collect information about your activity on our Services, such as items you place in your cart and products you click on.
- Audio and Video Recordings, Photos, and Chat Content: We capture photographs and video recordings in our stores for security and loss prevention purposes. If you contact customer service through our chat feature or by phone, we may monitor and retain those conversations, including for training purposes.
Information We Collect from Other Sources
We obtain information from other sources. For example, we may collect information from identity verification services, advertising networks, data analytics providers, and running event sponsors. This information includes race data (e.g., the name of a race you ran in), your contact information (such as postal address), and information about previous purchases and product preferences. We also obtain information from our partners and third parties who purchase products from us wholesale, sponsor events that we participate in, or who otherwise engage with us. For example, if you participate in a November Project event, we may receive information, such as your clothing size and your address, in order to send you running gear for that event.
We also receive information from DashLX when individuals choose to share the data collected from their wearable devices and technologies (such as fitness tracking devices) with us to help improve our products, experiences, and services. Depending on your account settings with DashLX, we may receive data that you direct DashLX to share with us, which may include metrics about how and where you run, such as mileage, duration, heart rate, precise running routes (including precise geolocation data), ground reaction force, and speed (collectively, “DashLX Data”). We only collect DashLX Data with your consent. You may withdraw your consent at any time by logging into your account with DashLX and updating your settings.
Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.
USE OF INFORMATION
We use the categories of information we collect to process your orders, respond to your requests, market our products to you, and administer your online account. We also use the information we collect to:
- Provide, maintain, and improve our products and services;
- Personalize your experience with us;
- Send you technical notices, security alerts, support messages and other transactional or relationship messages;
- Communicate with you about products, services, and events offered by Brooks and others and provide news and information that we think will interest you (see the Your Privacy Rights and Choices section below for information about how to opt out of these communications at any time);
- Provide and administer any loyalty programs we offer, including the Brooks Run Club and the Sports Medicine Ambassador Program;
- Monitor and analyze trends, usage, and activities in connection with our products and services;
- Target advertisements to you on third-party platforms and websites (for more information and to opt out, see the Your Privacy Rights and Choices section below);
- Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
- Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Brooks and others; and
- Comply with our legal and financial obligations.
TARGETED ADVERTISING AND ANALYTICS
You can also learn more about interest-based ads or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance by visiting www.aboutads.info/choices, or, if you reside in the European Union, by visiting www.youronlinechoices.eu.
DISCLOSURES OF INFORMATION
In certain circumstances, we disclose (or permit others to directly collect) information about you. We disclose the categories of personal information described above in the following circumstances and as otherwise described in this policy:
- We disclose personal information to vendors, service providers, contractors and consultants that need this information to provide services to us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, and marketing and advertising.
- If you provide a product review or otherwise post content on our Services, such information will be available publicly on our Services and may appear on other sites that sell our products.
- We disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
- We disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Brooks, our users, the public, or others.
- We disclose personal information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
- We disclose personal information in connection with, or during negotiations of certain corporate transactions, including the merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- Personal information is disclosed between and among Brooks and our parents, affiliates, subsidiaries, and other companies under common control and ownership.
- We disclose personal information when we have your consent, or you direct us to do so.
We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Brooks processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
YOUR PRIVACY RIGHTS AND CHOICES
Access, Correction, Deletion
Depending on where you reside, you may have the right to (1) request to know more about and access the personal information we collect, use, and disclose about you, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information.
To request access, correction, or deletion of your personal information, please email us at email@example.com or call our toll-free number at 1-855-427-6657. You can also access, update, or correct certain information stored within your online account at any time by logging into your account and updating your preferences.
We may verify your request by asking you to provide information related to your recent interactions with us, such as your relationship to Brooks, recent account activity (such as product purchases), or account registration information. If we deny your request, you may appeal our decision by contacting us at firstname.lastname@example.org. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.
Opting Out of Targeted Advertising, Sharing, Sales
As described in the Targeted Advertising and Analytics section above, we process certain personal information to understand and improve your experience with our Services and to help target ads to you on non-Brooks properties. Some of these activities may be considered “sales” or “sharing” of your personal information or “targeted advertising” under the law that applies to you.
Depending on where you reside, you may opt out of targeted advertising, sharing, and sales of your personal information, by clicking here and follow the instructions on the page. You can also opt out of certain sharing and sales by visiting our website with a legally recognized universal choice signal enabled (such as the Global Privacy Control). Please note that, depending on which opt-out preference signal you use and whether you are logged into your account with us, our processing of the signal may be limited to the specific browser or device that you are using. You may need to renew your opt-out if you use a different browser or device to access our Services.
Consent, Objection, and Related Rights
Depending on where you reside, you may have the right to (1) object to certain processing, (2) withdraw your consent where we process your information on that basis, and (3) request we restrict certain processing. To exercise any of these rights, please contact us at email@example.com. In addition, if you choose to disclose data to us through DashLX, you may change these settings at any time via your DashLX account. If you participate in our wear testing program or similar customer feedback programs and wish to withdraw from the program or prefer that we no longer use your information for that program, please contact us firstname.lastname@example.org.
We will not discriminate against you if you exercise your privacy rights.
Cookies and Similar Technologies
You may opt out of receiving text messages or promotional emails from Brooks by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES
Brooks is headquartered in the United States, and we have operations and vendors in the United States and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by executing Standard Contractual Clauses. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting us at email@example.com.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN CALIFORNIA
The California Consumer Privacy Act (“CCPA”) requires us to explain some information using definitions and categories set out under the CCPA. If you reside in California, this section applies to you.
Based on how you interact with us, in the preceding 12 months, we have collected the following categories of personal information and sensitive personal information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet or other electronic network activity information, geolocation data, audio and visual data, professional or employment-related information, inferences, and certain data deemed “sensitive” under California law, including precise geolocation information, and information about racial or ethnic origin. For details about the precise data we collect and the categories of sources of such collection, please see the Collection of Information section above. We collect, use, and disclose personal information for the business and commercial purposes described in the Use of Information section above. For information about how long we retain each category of personal information collected, see the Data Retention section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients who help us provide and improve our products and services:
|Category of Personal Information||Categories of Recipients We Work With|
|Identifiers, such as your name, IP address, and email address||Fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, cloud service providers, and the public (for example, the first name and last initial you choose to provide in connection with a product review may be disclosed publicly).|
|Characteristics of protected classifications under California or U.S. law, such as age or gender||Fraud prevention partners, data analytics providers, marketing partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.|
|Commercial information, such as records of products purchased||Fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.|
|Internet or other electronic network activity information, such as information about your activity on our website||Fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.|
|Geolocation data, such as your zip code||Fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.|
|Audio and visual data, such as phone recordings when you contact customer service or photos submitted in connection with a product review||Fraud prevention partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, cloud service providers, and certain photos may be shared publicly in some circumstances (such as in connection with a product review).|
|Professional or employment-related information, such as information about your income range collected in connection with our wear testing program||Internet service providers, operating systems and platforms, and cloud service providers, and vendors that assist us with the wear testing program.|
|Inferences, such as your shopping preferences||Fraud prevention partners, data analytics providers, marketing partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.|
|Precise geolocation information (received pursuant to your direction in connection with DashLX)||Operating systems and platforms, cloud service providers, and vendors that assist us in analyzing DashLX Data for product improvement purposes.|
|Information about racial or ethnic origin (optionally collected in connection with product improvement programs)||Operating systems and platforms, cloud service providers, and vendors that assist us in analyzing wear testing and survey data for product improvement purposes.|
As described in the Collection of Information section above, we process personal information that may be considered “sensitive” under California law, such your precise geolocation information if you participate in DashLX or your self-disclosed race and ethnicity if you choose to participate in customer surveys, wear testing, and other programs that help us provide and improve our products and services for a diverse range of individuals. We only collect this information with your consent or at your direction and for purposes permitted under California law. Please see the Your Rights and Choices section above for more information about your choices with respect to such programs.
We “share” and “sell” the following categories of personal information for the commercial purpose of advertising our products and services to you: identifiers and internet or other electronic network activity information. In the preceding 12 months, we have shared and sold the following categories of personal information to the following categories of third parties:
|Category of Personal Information||Category of Third Parties|
|Identifiers||Advertising networks, internet service providers, data analytics providers, operating systems and platforms, and social networks.|
|Internet or other electronic network activity information||Advertising networks, internet service providers, data analytics providers, operating systems and platforms, and social networks.|
Your Privacy Rights
You have the right to opt out of sharing and sales at any time by clicking here.
We do not knowingly sell or share personal information about consumers under the age of 16.
Please see the Your Privacy Rights and Choices section above for more information about your privacy rights, how to exercise them, and how we will verify your requests.
If you are submitting a rights request as an authorized agent, you are required to submit proof of your authorization to make the request, such as a valid power of attorney or proof that you have signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with this request, such as a driver's license or other government-issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify their own identity or confirm you have permission to submit this request. If you are an authorized agent seeking to make a request, please contact us at firstname.lastname@example.org.
Notice of Financial Incentives
We offer various financial incentives. For example, if you participate in Brooks Run Club we may provide you with early access to limited edition shoes, unique running content, and chances to win exciting prizes. We may also provide discounts, coupons, or other benefits to customers who join membership programs or sign up to receive our marketing emails or text messages. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your email address or phone number), commercial information (like your purchase preferences and interests or purchase history), inferences drawn about your preferences, and other categories of personal data that relate to or are reasonably capable of being associated with you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at email@example.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE
If you are located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, you have the rights outlined in the Your Privacy Rights and Choices section above, and this section also applies to you.
When we process your personal data, we will do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you requested).
- When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
- To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
- When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:
For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en
For individuals in the UK: https://ico.org.uk/global/contact-us/
For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
Effective: May 23, 2018
What are Cookies?
- Cookies are small data files stored on your browser or device. They may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”).
- Pixels are small images on a web page or in an email. Pixels collect information about your browser or device and can set cookies.
- Local storage allows data to be stored locally on your browser or device and includes HTML5 local storage and browser cache.
- SDKs are blocks of code provided by our partners that may be installed in our mobile applications. SDKs help us understand how you interact with our mobile applications and collect certain information about the device and network you use to access the application.
WHY WE USE THESE COOKIES
- Technical/Required: These cookies are essential for our services to function properly. Like the other cookies we use, technical cookies may be either first-party cookies or third-party cookies.
- Preferences: We use these cookies to remember your settings and preferences. For example, we may use these cookies to remember your language preferences.
- Performance: We use these cookies to collect information about how you interact with our services and to help us improve them. For example, we may use these cookies to determine if you have interacted with a certain page.
- Analytics: We use these cookies to help us understand improve our services. For example, we can use these cookies to learn more about which features are the most popular with our users and where we may need to make improvements.
- Advertising: We and our advertising partners use these cookies to deliver advertisements, to make them more relevant and meaningful to visitors to our website, and to track the efficiency of our advertising campaigns, both on our services and on other websites.
- Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our services may not function properly.
- To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.
- For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit https://optout.aboutads.info/. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance. To opt out of ads on Facebook, Pinterest, or Google that are targeted to your interests, use your Facebook, Pinterest, or Google Ads settings.
- Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.
Brooks Sports, Inc.
3400 Stone Way N., 5th Floor
Seattle, WA 98103
If you are located in the EEA:
Brooks Sports, B.V.
Olympic Stadium 33
1076 DE Amsterdam