NDC PRIVACY POLICY

Effective: 1 August 2024 

Net Distribution Services Private Limited (hereafter “NDC”) 

We value the trust that you place in us by sharing your personal data with us. NDC takes your privacy seriously and is committed to handling your personal data in a way that is fair and worthy of that trust. NDC will take all reasonable steps to protect your information from misuse and to keep it secure. 

We believe it is important to inform you about how we will use your personal data. Therefore, we encourage you to carefully read this privacy policy (“Policy”), which describes our privacy practices and the rights and choices you have regarding your personal data. We also encourage you to read possible additional privacy clauses that may be applicable when you use certain services or purchase certain products.

This Policy applies to all personal data we collect, use, disclose, or otherwise process about you  including when: (i) you create an account with an Onitsuka Tiger brand, (ii) you visit or use our  websites, mobile applications, or platforms including those online and instore or other services of Onitsuka Tiger,  (iii) you purchase products through Onitsuka Tiger stores, online or through wholesale, (collectively the “Services”). Unless otherwise specified, this Policy also applies to the personal data we collect about business customers, vendors or partners. 

For purposes of this Policy, “personal data” means any information that relates to, describes, or is reasonably associated or linked or likable to you, or through which we can identify you, as further described below in the section ‘Personal Data We Collect’. 

ND Commerce is a licensee of the Onitsuka Tiger website(s) - Onitsuka Tiger in India. Net Distribution Services Private Limited is in the business of operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad. However, the Online Store will be used by NDC and any other sellers only to sell Onitsuka Tiger products. 

NDC is the seller of Onitsuka Tiger products in India and does not manufacture the products.

“Onitsuka Tiger”, refers to ASICS India Private Limited, a company duly incorporated under Companies Act, 1956 and existing under the Companies Act 2013, having its registered office at ASICS India PVT. Ltd Unit No. 401, 4th Floor, Worldmark-1, Sector 65, Gurugram, Haryana 122001. India and ASICS Corporation, Japan (hereinafter referred to as “Onitsuka Tiger” which expression shall mean and include its successors and permitted assigns) will be referred to hereafter as ‘we’ or ‘our’..

Depending on where you live, which products you purchase, or which of our Services you use, we shall be the responsible controller for the personal data we collect.

We collect personal data about you: (i) directly (e.g., the data you submit to us), including automatically (for example when you access and use our website or Services, see the section ‘Personal Data We Collect Automatically’); and (ii) indirectly (e.g., from third parties). We may also combine and process personal data from these sources in order to infer additional information about you. The personal data we collect may include the following, depending on the circumstances: 

GENERAL:

• Your (business) contact details. Your name and contact details, such as your telephone number, address and email address.
• Your purchases in our stores and online. Personal data we collect related to your purchase of our product or service in store or through our Services, such as the amount and date of your purchase, the product you purchased or Service(s) you used, your clothing or shoe size, your shoe type, your location  or the location of the store related to your purchase, the website or application through which you make your purchase, the payment method, payment status, any discount, gift card or voucher code, your invoice, order (tracking) number, the delivery method, the delivery and billing address and, if applicable, information about warranties and returns.
• Your account data (including data added thereon). Personal data related to your account, such as your account name or similar unique account identifier, email, address, password, communications and content you provide, loyalty scheme information (including qualifying activities, number of loyalty points and loyalty level) where the loyalty scheme is offered in your country, your wishlist, order history, address book, payment settings, your date of birth, your gender or gender identity, language and other account preferences, the country you live in, pictures and other information you may voluntarily share with us (such as your responses to voluntary questionnaires).
• Information regarding your use of our online Services. This may include data regarding the pages you visit on our websites, the products and services you like, your wish list, the content of your abandoned shopping cart and products browsed.
• Details regarding your child(ren). The data we receive from you in relation to your child(ren) related to the Services, for example, their name or nickname, age, gender, shoe size, preferred sports, favourite colour or photo. 
• Your (phone) contacts. The personal data you voluntarily provide us access to, in order to allow you to interact with your contacts as part of our Services. NDC will, subject to your consent, access and store information. 
• Your details related to contests and sweepstakes. The personal data we collect if you participate in or win a contest, prize promotion or sweepstake.
• Your reviews and content. The opinions, content, experiences, testimonials, preferences and interests, and product or event reviews that you publish online, through social media or otherwise, including your social media handle or other identifier(s), experiences and tips regarding gear, your race day and your training schedule. 
• Your images and recordings. We have security cameras in our franchisee stores or offices which may record your image when you visit our premises. We may also film or take photos at Onitsuka Tiger (sponsored) events or during other specific interactions. You may also voluntarily submit photos or videos to NDC whilst interacting with our Services. 
• Your communication data, including call recordings. When you contact us for support or other customer service requests, including if we communicate with you via e-mail, chat, mail, or otherwise offline and online (e.g., via social media or in-store) or telephone we collect and maintain records of your request(s) and any complaints, including your name and contact information, the contents of your communications and our responses (including, where applicable, transcripts thereof), and any other data that we receive related to your inquiry. If you call us, we may, subject to and in accordance with local law, record, transcribe and retain recording and copies of such communications and maintain logs and records of your calls.

SPECIAL CATEGORIES OF PERSONAL DATA: 

Where required under applicable law, we will only collect and use location data if you voluntarily share it with us, and with your prior consent or at your direction for the purposes set out in this Policy. You may refuse or revoke your consent at any time, as set out below in the section ‘Your Rights’.

PERSONAL DATA WE COLLECT AND PROCESS AUTOMATICALLY 

Subject to local law requirements, we may also collect personal data about how you use our Services and your interactions with us and others, such as information we collect automatically via  cookies, pixel tags, or similar technologies ), such as personal data about how you access, use and interact with our Services, your IP address, MAC address, mobile device identifier (IDFA or GAID), cookie ID, cookie content, browser type, browsing and click behaviour and other activities, purchase information, domain name, referrer-URL, access dates and times, hardware and software information and settings, information about the device you use (e.g., device ID, device type), operating system, language, and approximate location inferred from IP address (collectively “electronic identification data”). We may also use pixels in HTML emails we send to you to evaluate and improve our marketing emails. For example, we may use pixels to understand if you read the emails we send to you. For more information, see the section ‘Cookies, Analytics and Personalization’ below or our Cookie Policy. 

NDC uses and processes the personal data for the purposes set out below.

• For the performance of our agreement with you. We process personal data where necessary to perform our agreement(s) with you including when you purchase a product (online, in our stores and through wholesale), use an application, enter a contest, sign up for an account, or otherwise request or use any of our Services.  
  
  We use your (business) contact details, information regarding your purchases (in our stores, online or through wholesale), loyalty scheme information (where applicable), your account and electronic identification data, information regarding the Services you use, information regarding your leisure activities, interests and events and information regarding your child(ren). 
• To comply with a legal obligation. Any information referred to above in the section ‘Personal Data We Collect’ may be used to maintain appropriate business records, to comply with lawful requests by public authorities, or to otherwise comply with applicable laws and regulations. 
• For our legitimate commercial interests. We will process the personal data referred to above in the section ‘Personal Data We Collect’ where we have a legitimate interest; for example, our interests could include the effective delivery of information, Services and products to you and the effective and lawful operation of our business (in each case provided such interests are not overridden by your rights).  

1. Marketing, promotional content and other campaigns: to send you newsletters or general marketing materials and promotional content as well as surveys about products and Services you have purchased, used, or may be interested in; or to remind you by email of your abandoned cart and products browsed. ASICS may, subject to and in accordance with applicable law, do so via postal mail, email, SMS, other electronic means or otherwise. You may at any time opt out of receiving such marketing materials by following the instructions in the communication you received from us. You can also control your marketing preferences via your profile settings or by reaching out to us (See ‘Your Rights’); 
   
   Specifically, we may use the personal data we collect about you (listed in the section ‘Personal Data We Collect’ above) for the following interests: 
2. Improving our products and Services: to improve our products and Services as well as to better understand our customers both on an aggregated and on an individual basis.  This helps us to improve our products and Services and to give you a better user experience (e.g., we analyse what ASICS web pages you visit, which products and Services you use and like, and how you use these products and Services, which enables us to create personal profiles and to assess what may be interesting to you, to personalize recommendations we can give you when you purchase our products or use our Services (e.g., based on your previous purchases and use of our Services)). Creating such personal profiles of our customers also enables us to send you personalized marketing materials that relate to your use of our products and Services, if you have chosen to receive such materials;  
    
3. Advertising: to promote our products and Services and to allow us to provide, personalise, measure, and improve our digital advertising. For example, to show you suggestions and targeted ads (including on third party websites or social media) based on how you interact with us or to create specific target audiences. To do this, we may share certain personal data (such as electronic identification data telephone number and e-mail address) with our advertising partners, including social media platforms such as Facebook, Instagram, Google, Snapchat, Pinterest etc.  
4. Analytics and statistics: to generate aggregated statistics and analytics about users of our products and Services and in store visitors; 
5. Surveys and feedback: to obtain feedback on our products or other Services and use your feedback to develop and improve the quality of our products or Services (e.g., by conducting customer satisfaction surveys or research); 
6. Security: we need to process certain personal data for security and fraud prevention and detection purposes as well as to maintain the integrity of our systems (i.e. preventing hacking, cheats, spamming, etc.). We also use personal data when investigating any misuse of our Services or other types of unlawful activities and to take action regarding (suspected) illegal activities, potential threats to the safety or legal rights of any person or third party, violations of this Policy, or breaches of our applicable agreements and terms of use; 
7. Business Operations: to facilitate our business operations, to operate company policies and procedures; to enable us to merge, sell, acquire, or transfer assets (including to negotiate the aforementioned); and 
8. Other purposes: for other legitimate business purposes as permitted by applicable law. 

To the extent that we rely on our legitimate interest(s) as a legal basis for our processing of your personal data, you have the right to object to such processing, and we must stop such processing, unless we can either demonstrate compelling legitimate grounds (1) that override your interests, rights and freedoms or (2) that we need to process the data for the establishment, exercise or defence of legal claims (see the section ‘Your Rights’ below). 

• Use of information based on your consent. We may also process personal data where you have provided your consent to specific purposes. This includes: 

1. we may use the personal data for the purposes set out in this Policy. 
2. we may use the personal data referred to above in the section ‘Personal data we collect’ where consent is required under local law for: 
   - direct marketing purposes via email, SMS, push notification, or other electronic means; 
   - recording our customer service calls for quality and management purposes;  
   - as part of certain research projects and/or surveys you may participate in. 
3. where required under local law, we will ask for your consent prior to collecting and processing your electronic identification data. For more information please see the section ‘Cookies, Analytics and Personalisation’ below or our Cookie Policy; 
4. we may also ask for your consent to process certain personal data for other specific purposes. If we do so, we will provide you with details about the personal data that we would like to process and the reason for our collection and processing, so that you can carefully consider whether you wish to consent. 

To the extent we rely on your consent for processing, you can withdraw your consent at any time as described in the section ‘Your Rights’ below. 

We may share your personal data with the following categories of parties:

• Service providers and data processors. With third party vendors, agents, service providers, and affiliated entities that are based in India or outside India we engage to provide services to us and on our behalf, such as support for the internal operations of our websites (including payment processors and shipping and fulfilment partners we use to fulfil your orders), technical support, research, digital marketing, offline product and support, data storage, and other services. In providing their services, these third parties may access, receive, maintain or otherwise process personal data on our behalf. Our contracts with these service providers do not permit use of your information for their own commercial purposes. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal data and only process it in accordance with our instructions.  
• Partners. Sometimes NDC may offer you a service, application or promotion in co-operation with our partners or co-sponsors. In such cases, we may disclose your personal data to the relevant partners, but only where you have consented or directed that we do so, or where doing so is necessary to fulfil your order or respond to your request. You may choose not to participate or to otherwise object to such sharing.  
• Advertising or marketing partners. We may share limited personal data (such as electronic identification data, contact information, country and conversion status) with our advertising partners, including social media platforms such as Facebook, X, Instagram, Google, Snapchat, Pinterest etc. to show you suggestions and targeted advertising (including on third-party websites or social media platforms) based on how you interact with us or to create specific target audiences. 
• Third parties in case of a legal requirement.  We may also disclose your personal data if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it is necessary or appropriate to disclose personal data to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to any claims against us; and, to protect the rights, property, or personal safety of NDC, our customers, or the public.
• Corporate transaction. We may disclose personal data, as part of any actual or contemplated merger, sale, transfer of NDC’s assets, acquisition, bankruptcy, or similar event, including related to due diligence and negotiations conducted prior to such event, where permitted by law. 
• With consent. We may also otherwise disclose information about you, including personal data, to any other third parties, where you have consented or requested that we do so.

Notwithstanding anything else in this Policy, we may collect, use, and share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual. Where we use, disclose or process de-identified information, we will maintain and use this information in de-identified form and not attempt to reidentify the information, except in accordance with applicable laws. 

Subject to your prior consent (to the extent required under appliable law), we and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities, interactions with the Services, the content of your communications with the Services, and electronic identification data. We may also combine this information with other personal data that we collect about you. 

Generally, we use this information to understand how you use and interact with our Services, track and troubleshoot bugs and errors, improve and develop our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising purposes, to personalize content, for analytics and similar purposes.  For more detailed information about these mechanisms and how we collect and use such information, see our Cookie Policy. 

Do-Not-Track. Please note we do not respond to browser do-not-track requests. You may, however, disable certain cookies as discussed in our Cookie Policy. 

Our Services may contain links to third-party social networking sites and plugins to facilitate social media functions, which may collect personal data about you. These third parties may collect information about you if you click on a link and may automatically record information about your browsing behavior every time you visit their respective sites or services.  If you participate in social media forums, such as Facebook, X (formally Twitter), Snapchat, Yammer, Pinterest, Instagram, LinkedIn, etc., you should be familiar with and understand the tools and services provided by those sites that allow you to make choices about how you share the personal data in your social media profile(s). 

Please note that the relevant privacy practices or policies of these third parties – not this Policy – apply to the processing of data by these tools, so we encourage you to read the applicable privacy notices, terms of use and related information about how your personal data is used in these social media environments. 

Also, depending on the choices you have made regarding your settings on various social media sites (and/or in combination with your settings on this website), certain personal data may be shared with NDC about your online activities and social media profiles (e.g., interests, marital status, gender, username, photo, comments and content you have posted/shared etc.). 

Our online services are not directed to children under eighteen 18 years of age and we do not knowingly collect personal data directly from children under the age of eighteen (18). If you believe we have collected information about a child under the age of 18 without a legal basis, please contact us (see contact details below) so that we may take appropriate steps to delete such information. 

If you are at below 18 years of age or a person with disability, you must get the consent of your parent or legal guardian before you give us any personal data about yourself. Your parent or guardian should contact NDC for using your personal data and provide us with their name, e-mail address and any other identifying information that we may request. NDC needs this information in order to verify that they have provided the necessary consent. We may follow up by phone or other means in some circumstances. If you are under 18 years of age, do not contact us or provide us with any personal data until after your parent or guardian has sent us an e-mail consenting to your contact and provision of such information. 

Please be informed that we transfer and process any personal data you provide to us to countries/regions other than your country/regions of residence. The laws of these countries/regions may not provide an equivalent level of protection to your personal data as the laws in your home country/region. NDC will therefore seek to ensure that adequate safeguards are in place and that applicable laws and regulations are complied with in connection with such transfer. 

In each instance, NDC will assess the transfer and ensure that any additional technical and organizational measures are put in place to ensure that an adequate level of protection is provided. 

NDC has implemented technical, physical, and organizational measures and controls designed to protect the personal data we collect against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or wrongful destruction, and loss. Please be aware that despite our efforts, no security measures can guarantee absolute security. In addition, you can also take certain steps to protect your account and your personal data, for example by not sharing passwords, reusing passwords across multiple websites, choosing passwords that are not easily guessed, and promptly reporting any suspicious activity or unauthorized account access. 

NDC retains your personal data for as long as required to satisfy the purpose for which it was collected (for example, to process your order, provide you with customer service, answer queries, or resolve technical problems, etc.), unless a longer period is necessary to meet our legal obligations or to defend against a legal claim. 

If you have created an account with us, we will delete such account and your personal data upon your request or up to thirty (30) days after it has become been inactive for an extended period of time. We will consider your account ‘inactive’ when you haven’t used your account for a period of two (2) years. Before your account becomes inactive, we will notify you to use your account to prevent your account from becoming inactive. When we delete your account, we may retain certain account and related personal data for a longer period, such as where necessary to comply with our legal requirements or where necessary to establish, exercise or defend our legal rights (including to respond to actual or potential legal claims). 

Subject to any limitations and exceptions under applicable law, you may have the following rights related to your personal data collected by us:  

• The right to access. You have the right to access to the summary of your personal data being held by us as well as information about our processing of your personal data; 
• The right to rectification. If the personal data we hold is inaccurate or incomplete you may request to have it updated or corrected; 
• The right to deletion. Subject to exceptions such as where we are required to retain your personal data by law, exercise or defend claims or have an overriding legitimate purpose, you may ask us to delete your personal data; 
• The right to object. You have the right to object to our processing and data disclosure of your personal data on grounds relating to your particular situation where we are processing personal data based on our legitimate interest (unless we can demonstrate compelling legitimate grounds to continue processing your personal data). You can also object at any time to processing for direct marketing activities (for example, by clicking on the unsubscribe link in our emails);  
• The right to withdraw consent. Where we rely on your consent to process personal data, you have the right to withdraw consent at any time with effect for the future.  
  - This includes revoking consent for receiving marketing communications which you can do by following the instructions in the marketing communication;  
  - If you wish to revoke your consent to NDC using your health data and location data you can control these preferences in your profile settings and device.   
• The right to restriction of processing. You have the right to know the identities of data fiduciaries and processors the data has been shared with. Under certain circumstances, you have the right to restrict our processing of your personal data, such as if you believe that (i) the personal data we have about you is inaccurate; (ii) the personal data is not being processed lawfully, but rather than deleting the personal data, you would prefer us to restrict processing instead; or (iii) we no longer need your personal data for the purposes we collected it, but you require the data in order to establish, exercise or defend legal claims; 
• The right to nominate: You have the right to nominate an individual to exercise your rights in cases of your death or incapacity. 
• The right to data portability. Under certain circumstances, you have the right to ask us to transfer personal data which you have provided to us, to a third party if we are processing that data either on the basis of your consent or to perform a contract with you and the processing is carried out using automated means. 
• In case of your death your legal representatives or legal heirs or nominee (as the case may be) would have the rights over your data. In case you wish to nominate your nominee, you can do so by providing the details to NDC who may process your personal data, which can be found here. NDC shall initiate the process of deleting all personal data pertaining to the deceased individual from its systems and records, unless retention of such data is required by applicable law or for legitimate purposes. NDC shall implement appropriate procedures to verify the death of the individual and to ensure the secure and irreversible deletion of the data in accordance with applicable data protection laws and regulations. 

If you would like to exercise any of the above rights, please submit a request as mentioned below.   

We will respond to your privacy rights request consistent with applicable law. For your and the protection of others, we may (depending on the type of request) need to verify your request and identity before addressing your request. 

If you have a question or complaint about how we process your personal data, you can send an email to NDC for using your personal data. Alternatively, you may consider lodging a complaint with the Data Protection Board of India. 

Our website may contain links to third-party websites and services; if you follow these links, you will exit our website. NDC does not control and is not liability for the collection and use of your personal data by these third parties. For more information, please consult the privacy statement of the website you are visiting (if such a statement is provided).  

This Policy is current as of the Last Updated date set forth above. We may change this Policy from time to time by posting the updated version of the Policy on our websites and applications. If we make any changes to this Policy that materially affect our practices with regard to the personal data we have previously collected from you, we will endeavour to give you reasonable notice in advance of such change by highlighting the change on our websites or notifying you electronically. We encourage you to periodically review our Policy to stay informed about how we process your personal data. 

If you have questions regarding the processing of your personal data or this Policy,

please contact legal@ndslindia.com

Net Distribution Services Pvt. Ltd 

A – 302, Dipti Classic, 32/34 Suren Road, Andheri (East), Mumbai - 400093, Maharashtra, INDIA 

Email: legal@ndslindia.com 

Contact No: 022-68353117 

Hours of Operation: Monday – Friday, excluding Public Holidays, 9:30 am IST to 5:30 pm IST