Chooning, Inc (the “Company”) understands the importance of protecting personal information, and will observe the Act on the Protection of Personal Information (the “Act”) and endeavor to handle and protect personal information in an appropriate manner in accordance with this Privacy Policy (the “Privacy Policy”). Unless otherwise provided herein, the definitions of the terms used herein shall be in accordance with the Act.
Article 1. DEFINITION OF PERSONAL INFORMATION
For the purpose of the Privacy Policy, personal information shall mean the information regarding a living individual which falls under any of the following Items:
(1) information containing a name, date of birth or other descriptions, etc. (including any and all matters stated, recorded or otherwise expressed using voice, movement or other methods in a document, drawing or electromagnetic record) whereby a specific individual can be identified (including information which can be easily collated with other information and thereby identify a specific individual); or (2) information containing an individual identification code.
Article 2. PURPOSE OF USE OF PERSONAL INFORMATION
The Company shall use personal information for the following purposes:
(1) Provision of Chooning (the “Service”);
(2) Notifications and responses to customer inquiries, with respect to the Service;
(3) Announcement regarding the Company’s products or services, etc.;
(4) Dealing with breach of the Company’s terms of use, policy, etc. (the “Terms”), with respect to the Service;
(5) Notifications of amendment to the Terms of the Service;
(6) Improvement of the Company’s service and development of new service, etc.;
(7) Labor management and the Company’s internal procedures (with respect to personal information of directors, officers and employees of the Company) and selection and contact in recruitment activities (with respect to personal information of applicants) ;
(8) Shareholder management and procedures under Companies Act and other applicable laws (with respect to personal information of shareholders, holders of share options, etc.)
(9) Creation of statistics data which is processed so that no particular individuals shall be identified, in connection with the Company’s service; or
(10) other purposes related to the above purposes.
Article 3. CHANGE OF PURPOSE OF USE OF PERSONAL INFORMATION
The Company may change the purpose of use of personal information to the extent that the purpose of use after the change is reasonably recognized to be related to the original purpose of use. When the purpose of use has been changed, the Company shall notify the person which can be identified by the personal information (the “Principal”) of, or publicly announce the purpose of use after the change.
Article 4. RESTRICTION ON USE OF PERSONAL INFORMATION
The Company shall not use personal information, without the consent of the Principal, beyond the scope necessary for the achievement of the purpose of use, unless permitted by the Act or other laws or regulations; provided, however, that this provision shall not apply if such use is:
(1) based on laws and regulations;
(2) necessary for the protection of the life, body or property of an individual and it is difficult to obtain the consent of the Principal;
(3) specially necessary for improving public health or promoting the sound growth of children and it is difficult to obtain the consent of the Principal; or
(4) necessary for cooperating with a national government, a local government, or a person or entity entrusted thereby in executing the affairs prescribed by laws and regulations and acquisition of the consent of the Principal may impede the execution of the affairs concerned.
Article 5. PROPER ACQUISITION OF PERSONAL INFORMATION
5.1 The Company shall acquire personal information by proper means, and shall not acquire it by a deception or other wrongful means.
5.2 Except in the following cases, the Company shall not acquire special care-required personal information (defined in Paragraph 3 of Article 2 of the Act) without obtaining a prior consent of the Principal.
(1) cases where such acquisition falls under any of Items of Article 4;
(2) cases where the special care-required personal information is being made available to the public by the Principal, a government organization, a local government, a person set forth in Items of Paragraph 1 of Article 76 of the Act or other persons prescribed by the rules of the Personal Information Protection Commission;
(3) cases where the Company acquires special care-required personal information clearly recognized from the Principal's appearance by seeing or taking pictures; or
(4) cases where the Company receives special care-required personal information from a third party and such provision of the information by the third party falls under any of Items of Article 7.1.
5.3 When the Company receives personal information from a third party, the Company shall confirm the following matters pursuant to the rules of the Personal Information Protection Commission, except where such provision of the personal information by the third party falls under any of Items of Article 4 or any of Items of Article 7.1.
(1) the name or appellation and address of the third party and, for a corporate body, the name of its representative (for a non-corporate body having appointed a representative or administrator, such representative or administrator)
(2) circumstances under which the personal information was acquired by the third party
Article 6. SECURITY CONTROL OF PERSONAL INFORMATION
The Company shall sufficiently and appropriately supervise the Company’s employees to ensure the security control of personal information against the risk of loss, destruction, alteration or leakage. When the Company entrusts a third party with the handling of personal information in whole or in part, the Company shall sufficiently and appropriately supervise the third party to ensure the security control of personal information.
Article 7. PROVISION TO A THIRD PARTY
7.1 The Company shall not provide personal information to a third party without the prior consent of the Principal, except where such provision falls under any of Items of Article 4; provided, however, that the following cases shall not be regarded as the provision to a third party:
(1) Cases where the Company provides personal information accompanied by entrustment to a third party with the handling of personal information within the scope necessary for the achievement of the purpose of use;
(2) Cases where personal information is provided as a result of the succession of business in a merger or otherwise; or
(3) Cases where personal information is used jointly with others in accordance with the provisions of the Act.
7.2 Notwithstanding Article 7.1, in cases where the Company provides personal information to a third party (excluding a party establishing a system conforming to the standards specified by the rules of the Personal Information Protection Commission based on Article 24 of the Act) in a foreign country (excluding countries specified by the rules of the Personal Information Protection Commission based on Article 24 of the Act), the Company shall obtain the Principal's prior consent to the effect that the Principal approves the provision to a third party in a foreign country, except where such provision falls under any of Items of Article 4.
7.3 When the Company has provided personal information to a third party, the Company shall make and maintain a record pursuant to Article 25 of the Act.
7.4 When the Company receives personal information from a third party, the Company shall conduct necessary confirmation pursuant to Article 26 of the Act, and make and maintain a record concerning such confirmation.
Article 8. DISCLOSURE OF PERSONAL INFORMATION
In cases where the Company is requested by a customer to disclose the personal information under the Act, the Company shall, after confirming that the request is made by the Principal itself, disclose the personal information to the Principal without delay (in cases where the Company does not have such personal information, the Company shall notify the Principal to that effect); provided, however, that this provision shall not apply to cases where the Company is not obliged to disclose such personal information under the Act or other laws or regulations. Please note that the Company will charge the fee (1,000 yen per disclosure) to the Principal in connection with the disclosure of the personal information.
Article 9. CORRECTION, ETC. OF PERSONAL INFORMATION
In cases where the Company is requested by the Principal to correct, add or delete the personal information under the Act on the ground that such personal information is contrary to the fact, the Company shall, after confirming that the request is made by the Principal itself, conduct a necessary investigation without delay within the scope necessary for the achievement of the purpose of use, and on the basis of the result, correct, add or delete the personal information and notify the Principal to that effect (in cases where the Company decides not to make such correction, addition or deletion, the Company shall notify the Principal to that effect); provided, however, that this provision shall not apply to cases in which the Company is not obliged to make such correction, addition or deletion under the Act or other laws or regulations.
Article 10. DISCONTINUANCE OF THE USE, ETC. OF PERSONAL INFORMATION
In cases where the Company is (i) requested by the Principal to discontinue using or to erase the personal information under the Act on the ground that such personal information is being handled beyond the purpose of use publicly announced in advance or has been acquired by a deception or other wrongful means, or (ii) requested by the Principal to discontinue providing the personal information under the Act on the ground that such personal information is provided to a third party without the Principal’s consent, and where it is found that the request has a reason, the Company shall, after confirming that the request is made by the Principal itself, discontinue the use of or erase the personal information, or discontinue the provision of the personal information, without delay and shall notify the Principal to that effect; provided, however, that this provision shall not apply to cases in which the Company is not obliged to make such discontinuance of use or erasure, or discontinuance of provision, under the Act or other laws or regulations.
Article 11. TREATMENT OF ANONYMOUSLY PROCESSED INFORMATION
11.1 When the Company produces anonymously processed information (defined in Paragraph 9 of Article 2 of the Act and limited to those constituting anonymously processed information database, etc. prescribed in Paragraph 10 of Article 2 of the Act; hereinafter the same shall apply), the Company shall process personal information in accordance with the standards prescribed by the rules of the Personal Information Protection Commission.
11.2 When the Company has produced anonymously processed information, the Company shall take measures for the security control in accordance with the standards prescribed by the rules of the Personal Information Protection Commission.
11.3 When The Company has produced anonymously processed information, the Company shall disclose to the public the items of information relating to the individuals contained in the anonymously processed information pursuant to the rules of the Personal Information Protection Commission.
11.4 When the Company provides a third party with the anonymously processed information (including the same produced by the Company and the same received by the Company from a third party; hereinafter the same shall apply unless otherwise provided in the Privacy Policy), the Company shall disclose to the public the items of information concerning the individuals contained in the anonymously processed information to be provided to a third party and the method of provision thereof, and state to the third party explicitly that the information being provided is anonymously processed information, in advance pursuant to the rules of the Personal Information Protection Commission.
11.5 When the Company handles the anonymously processed information, the Company shall not (1) collate the said anonymously processed information with other information, or (2) acquire descriptions, etc. or individual identification codes deleted from personal information, or information relating to the processing method carried out pursuant to Paragraph 1 of Article 36 of the Act ((2) shall be applied only to the anonymously processed information provided by a third party) in order to identify the individuals concerned with the personal information used to produce the anonymously processed information.
11.6 The Company shall make efforts to take measures necessary to ensure the proper handling of the anonymously processed information, including measures necessary and appropriate for the security control of the anonymously processed information and dealing with complaints about the handling, including producing, of the anonymously processed information, and make efforts to disclose to the public the content of such measures taken.
Article 12. USE OF COOKIES AND OTHER TECHNOLOGIES
Cookies or similar technologies may be used in the Company’s service. Such technologies help the Company to recognize the status of use of the Company’s service, etc. and contribute improvement of the service. When a user intends to disable cookies, the user may disable cookies by changing the web browser’s settings. Please note that when cookies are disabled, a part of the service may be unavailable.
Article 13. CONTACT
With respect to requests for disclosure, etc., comments, questions, complaints and other inquiries regarding the handling of personal information, please contact the following.
Chooning, Inc
E-mail: hello@chooning.app
Article 14. CONTINUOUS IMPROVEMENT
The Company shall endeavor to review timely the status of the operation regarding handling of personal information and to improve such operation continuously. The Company may amend this Privacy Policy as necessary.
Enacted on August 18, 2020 Revised on February 22, 2021