Brooks Sports Privacy Policy

This Privacy Policy describes how Brooks Sports, Inc. and Brooks Sports B.V., depending on your location, and our subsidiaries and affiliated companies (collectively, “Brooks,” “we,” or “us”) collect, use, disclose, and otherwise process information about you. This Privacy Policy applies to information we collect when you access or use our websites, mobile applications, and other online products and services that link to this Privacy Policy (collectively, our “Services”), or when you otherwise interact with us, such as in our stores, at an event, through our customer feedback programs or customer support channels, including Ask a Guru, or on social media pages. We may provide different or additional notices of our privacy practices with respect to certain products, services or activities, in which case those notices will supplement or replace the disclosures in this Privacy Policy.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

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 Collected by Cookies and Similar Tracking Technologies: We use tracking technologies, such as cookies and pixels to collect information about your interactions with the Services. These technologies help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. For more information about the cookies and other tracking technologies we use, and the choices available to you, see our Cookie Policy and the Your Privacy Rights and Choices section below.

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

We engage others to provide analytics, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and mobile apps, including your IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your activity. In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that cannot be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain privacy laws. To learn more about the choices available to you with respect to these practices, or to opt out of having your information used in this way, see the Your Privacy Rights and Choices section below.

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 privacy@brooksrunning.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 privacy@brooksrunning.com. 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 privacy@brooksrunning.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 privacy@brooksrunning.com.

Nondiscrimination

We will not discriminate against you if you exercise your privacy rights.

Cookies and Similar Technologies

Brooks uses cookies and similar tracking technologies to analyze visits to and use of our Services and how consumers are interacting with our marketing communications. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services. For more information, please see our Cookie Policy.

Communications Preferences

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 privacy@brooksrunning.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.

Additional Disclosures

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:

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:

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 privacy@brooksrunning.com.

Data Retention

Our retention periods for personal information are based on business needs and legal requirements. We store personal data associated with your account for as long as you maintain an account with us. We retain other personal information for as long as is necessary for the processing purpose(s) for which we originally collected it and for other business purposes explained in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to aid us in honoring those preferences.

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 privacy@brooksrunning.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.

Data Retention

Our retention periods for personal information are based on business needs and legal requirements. We store personal data associated with your account for as long as you retain an account with us. We retain other personal information for as long as is necessary for the processing purpose(s) for which we originally collected it and for other business purposes explained in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to aid us in honoring those preferences.

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://www.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

CONTACT US

If you have any questions about this Privacy Policy, please contact us at privacy@brooksrunning.com.

Our Cookie Policy

Effective: May 23, 2018

Our Privacy Policy above explains how we collect and use information from and about you when you visit our website, create an account with us, or otherwise interact with us. This policy explains more about how we use cookies and your choices concerning cookies.

What are Cookies?

Like most websites, we use cookies and similar technologies to remember things about you so that we can provide you with a better experience.

• 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.

How We Use Cookies

We use cookies for a number of reasons, like helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, and generally providing you with a better experience. The cookies we use generally fall into one of the following categories.

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.

Your Choices

You have a number of options to control or limit how we and our partners use cookies and similar technologies, including for advertising.

• 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.

Assistance

If you have any questions about our use of cookies, please contact us at privacy@brooksrunning.com or at:

Brooks Sports, Inc.
Attn: Cookie Policy
3400 Stone Way N., 5th Floor
Seattle, WA 98103

If you are located in the EEA:

Brooks Sports, B.V.
Attn: Cookie Policy
Olympic Stadium 33
1076 DE Amsterdam
The Netherlands