1. Collection of your Personal Data
1.1. We may collect and save personal information from you in order to improve the quality of our Service and provide all our users with a better experience on our Site. This information may include the following.
1.1.a. Information you have provided us during registration in order to ascertain your identity such as, but not limited to, your personal or company name, your address, telephone number, email address, or Facebook account name.
1.1.c. Information you have provided us while using our Service including, but not limited to, payment information when subscribing to our Service.
1.1.d. Information acquired in real-time during the sale of, or, directly from the Products such as, but not limited to, temperature, humidity level or illumination intensity of the room where the Products were placed or any other information related to the environment in which the Products were placed, or any information about your usage of the Products including, but not limited to, the state of doors (open or closed) in the room or the time spent playing music and the name of the music if applicable.
1.2. We shall not acquire any of your personal information through improper means, misrepresentation or any other unlawful conduct as required by Article 2, Paragraph 1 of the Japanese Personal Information Protection Law.
2. Using your Personal Data
We may use your personal information or any other user information (collectively “User Data”) for the following purposes.
2.1.a. To ship and deliver our Products to you
2.1.b. To provide our Service
2.1.c. To present or communicate about our Service or products
2.1.d. To respond to inquiries or similar requests on our Service or products
2.1.e. To simplify the required personal information when a user registers on our website
2.1.f. To improve user experience by customizing our Service or products
2.1.g. To confirm payment or process billing of the monthly subscription fee required for use of our Service or products
2.1.h. To deal with a violation of this Policy, our Terms of Service, a Rental Agreement or any other binding contract between you and KAMARQ
2.1.i. To notify you of a change in this Policy, our Terms of Service, a Rental Agreement or any other binding contract between you and KAMARQ
2.1.j. To improve our existing Service or products, or, to help the development of new products, new features, or new services
2.1.k. To conduct satisfaction surveys, questionnaires or interviews on our Service or products with an aim to research said Service and products and how to improve their provision in the future
2.1.l. To investigate and analyze the use of our Service and products
2.1.m. To send prizes or rewards following participation in a competition or survey
2.1.n. To advertise or promote our Service or products, or those of a third party (including, but not limited to, through postal and email campaigns)
2.1.o. To make public, sale or use aggregated user data in which individual data is unidentifiable
2.1.p. To analyze and process the collected user data to create a new set of data
2.1.q. To confirm your identity
2.1.r. To solve problems arising in the operation of our Service
2.1.s. For any other aim pursuant to the abovementioned purposes
We shall not use or disclose your User Data for any other purpose than those mentioned in clause 2.1. without asking for your express consent beforehand. However, this provision shall not apply in the following cases as prescribed in Article 16, Paragraph 3 of the Japanese Personal Information Protection Law.
2.2.a. If we are required to by a law or ordinance
2.2.b. When doing so is necessary for the protection of human lives, human health or property, and we are unable to reach you through reasonable means
2.2.c. When doing so is absolutely necessary for the improvement of public health or the promotion of children’s wholesome development, and we are unable to reach you through reasonable means
2.2.d. When an agent from a national or local governmental agency requires our cooperation in order to fulfill his or her duties and obtaining your express consent might represent a hindrance to the accomplishment of her or her duties
2.3 As prescribed in Article 10 of the Japanese Personal Information Protection Law, we reserve the right to amend our list of purposes for User Data use, if and only if this change constitutes a reasonable change from the previous listed purposes.
2.4 We reserve the right to unilaterally make changes to all or part of the User Data you have provided us upon registration without notice in the event that (i) said User Data has changed and does not reflect your current situation, and might pose a hindrance to the provision of our Service, as resulting from, and not limited to, a change of residential address, a change in the name of your bank or the expiration of your payment card, (ii) amendment or deletion of said User Data is deemed appropriate because it contains antisocial, discriminatory, violent or offensive language, or (iii) we can reasonably deem the change in said User Data necessary for the continuation of our Service to you.
3. Provision of User Data to a Third Party
3.1. We shall not provide all or part of your User Data to a third party without receiving your express consent beforehand, unless (i) such transfer of information is allowed by the Japanese Personal Information Protection Law or any other applicable regulation, or (ii) any of the following conditions apply. You authorize us to provide your personal information to third parties in the cases described below.
3.1.a. Disclosure of your User Data to an agent acting on our behalf to obtain the settlement of your debt to us, be it a credit card company, a financial institution, or a debt recovery agent.
3.1.b. Disclosure of your User Data to a company from which we lease some of the Products we provide to you
3.1.c. Disclosure of your User Data to an advertising, marketing or broadcasting company for our promotional purposes or the promotional purposes of a third party related to our Service
3.1.d. Disclosure of your User Data to the manufacturer of our products or to the delivery company that handles delivery of the Products to you
3.1.e. When there is reasonable basis to deem that non-disclosure of your User Data will endanger the property, business or rights of KAMARQ or a third party linked to KAMARQ, following a violation by you of this Policy, the Terms of Service, the Rental Agreement or any binding contract between you and KAMARQ
3.1.f. When there is reasonable basis to determine that disclosure of your User Data is necessary to resolve a dispute with a third party, or to protect the rights and interests of a third party or our users
3.1.g. Disclosure to a person who is bound by a nondisclosure agreement to KAMARQ
3.1.h. Disclosure to courts, administrative agencies, regulatory agencies or other public agencies
3.1.i. Disclosure during execution of a transaction, negotiation or audit that precedes (i) a transfer of shares, (ii) a merger or acquisition, or any restructuring process, (iii) a purchase of assets or liabilities, or (iv) any transaction similar in nature
3.2. You acknowledge and agree that we may disclose your User Data for the purposes described in clause 2.1. with the intention to use, process and analyze said data to our holding company KAMARQ HOLDINGS PTE.LTD. established in the Republic of Singapore or to any other company affiliated to the KAMARQ HOLDINGS group.
4. Cookies and Related Technologies
4.2. If you wish to disable cookies, please do so by changing your browser settings. However, some features of our Service might become unavailable as a result of this change in browser settings.
5. Outsourcing the Handling of your User Data
5.1. We may outsource the handling of all or part of your User Data if and only if this is pursuant to the purposes described in clause 2.1. In such event, we will thoroughly examine and establish the trustworthiness, reliability and qualification of the chosen contractor, with whom we shall agree on and sign a nondisclosure agreement.
6.1. We take reasonable security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. If you provide us with your credit card information, the information is encrypted by Shopify using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, Shopify follows all PCI-DSS requirements and implements additional generally accepted industry standards.
7. User Rights
7.1. You may request your User Data at any time, and we shall provide you with said User Data after proper confirmation of your identity (if we cannot find said User Data, we will notify you), unless we are unable to fulfill your request under the Japanese Personal Information Protection Law or any other applicable regulation. When providing you with your User Data, we will collect a processing fee of one thousand (1,000) Japanese Yen (excluding tax) per individual request.
7.2. As prescribed under the Japanese Personal Information Protection Law, in the event that you request an amendment, addition or deletion (the “Correction”) of your User Data due to the fact that said User Data is incorrect or false, we shall (i) confirm your identity, (ii) conduct the necessary investigation to ensure that the Correction falls within the User Data purposes listed in clause 2.1., (iii) execute the Correction, and (iv) notify you that the Correction has been completed (if we decide not to execute the Correction, we shall notify you of our decision). However, in the case that we are not obliged to execute the Correction of your User Data under the Japanese Personal Information Protection Law or any other applicable regulation, this provision will not apply.
7.3. As prescribed under the Japanese Personal Information Protection Law, in the event that you request a suspension of the use of your User Data or a suppression of your User Data (the “Suspension”) due to the fact that said User Data has been acquired fraudulently or used beyond the specific purposes described in clause 2.1., and once your claim that your User Data has been acquired fraudulently or used beyond the specific purposes described in clause 2.1. has been ascertained, we shall (i) confirm your identity, (ii) execute the Suspension, and (iii) notify you that the Suspension has been completed. However, in the case that we are not obliged to execute the Suspension of your User Data under the Japanese Personal Information Protection Law or any other applicable regulation, this provision will not apply.
8.1. We are not responsible for any damage to your User Data that might arise during or in relation to our storage or process of said User Data.
8.2. In the event that we voluntarily indemnify you for any damage described in the preceding clause, based on the provisions of the Consumer Protection Law or any other applicable law or regulation or as a result of a court judgement, we shall not be liable for a compensation higher than ten thousand (10,000) Japanese Yen to one single user. However, in no case shall we be responsible for damage to your User Data in the event that the aforementioned damage resulted from a condition of force majeure beyond our control, such as, but not limited to natural disasters, or from any direct or indirect consequence of such uncontrollable circumstances.
9. Changes to this Policy
9.1. We are committed to continuously improve upon our protection of your User Data.
9.2. We reserve the right to change or revise this Policy from time to time at our sole discretion, so please review it frequently. Except in cases where the change or revision is insignificant or concerns only the form of the Policy (as opposed to its content), we shall notify you of (i) the rationale for the change or revision, (ii) the content of the change or revision, and (iii) the effective date of the change or revision at least one (1) month before said effective date, through one of the following means: (i) an email to our users, (ii) a notice posted on our website, or (iii) any other adequate means.
9.3. The change or revision mentioned in the preceding clause shall be effective as of its designated effective date unless expressly determined otherwise by us.
9.4. The continuation of your use of our Service after the date at which the change or revision described in clauses 9.2 and 9.3 takes effect will signify your acceptance of the Policy.
APPENDIX I - SHOPIFY COOKIES
Below is a list of cookies used in Shopify:
- _session_id, unique token, sessional, allows Shopify to store information about your session (referrer, landing page, etc) ;
- _shopify_visit, no data held, persistent for 30 minutes from the last visit, used by our website provider’s internal stats tracker to record the number of visits ;
- _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, counts the number of visits to a store by a single customer ;
- cart, unique token, persistent for 2 weeks, stores information about the contents of your cart ;
- _secure_session_id, unique token, sessional ; and
- storefront_digest, unique token, indefinite if the shop has a password, this is used to determine if the current visitor has access.