Use of Personal Information
In order for our customers to use this service securely, Curio Inc. (hereafter “the company”) pays close attention to the handling of the personal information of customers.
The Act on the Protection of Personal Information stipulates that this company must publicly display or otherwise make readily available the specific details regarding personal information collected by this company to the persons concerned.
Please read the information displayed below regarding the handling of personal information collected, used or provided by this company, as well as information regarding customer support.
1. Personal Information
Personal Information refers to information such as an individual’s name, date of birth, age, sex, street address, telephone number, email address, complaints, consultations or customer support requests that can be used, either singularly or in combination, to determine the identity of the individual concerned.
2. Collection of Personal Information
In order for customers to use this service smoothly and efficiently, this company displays the necessary information regarding the intended uses and customer support in advance, and collects the information supplied by the customer only after obtaining the consent of said customer. Further, in cases of collecting personal information from customers under the age of 18, special considerations are made regarding the handling of said personal information, such as collecting the information with consent of a legal guardian.
Information Supplied by the Customer
・ All information supplied by the customer to this company, including email address, street address, location information, complaints, consultations or customer support requests, any other information regarding contact information, nicknames etc.
3. Intended Uses of Information
Personal information collected through this service is limited to that necessary for the following purposes, except in cases permitted by law.
・ Quality improvements of our services and use of non-identifiable information by carefully selected third parties to improve services to tourists visiting Japan.
・ Responses to customer support requests.
4. Notification of Intended Uses
This company shall not enact changes to the intended uses that have been publicly displayed or communicated to customers beyond a reasonable extent if they are significantly related to the intended uses prior to the change. Additionally, in the event of a change to the intended uses, this page will be updated.
5. Limits of Intended Uses
This company shall handle the personal information it has collected within the limits necessary to accomplish the intended uses. In cases of handling of personal information outside of the limits of the intended uses, this company shall obtain the consent of the customer in advance. However, these limitations do not apply in the following cases.
・ Cases based on laws and regulations
・ Cases in which it is necessary to preserve the life, limb or property of an individual, and it is difficult to obtain the consent of said individual
・ Cases in which it is necessary to improve public health or preserve the healthy development of children, and it is difficult to obtain the individuals consent
・ Cases in which it is necessary to cooperate in assisting with the performance of duties stipulated by law undertaken by national government agencies, local government agencies, or those assigned by said agencies, and there is a risk that obtaining the consent of the individual concerned might obstruct the performance of said duties
6. Personal Information Management
This company shall appoint a person responsible for the management of personal information, and shall comply with the Act on the Protection of Personal Information, relevant regulations and the management system while paying close attention to the handling of the personal information of customers. Additionally, this company shall make efforts to maintain accurate and up to date personal information on customers, and shall fully inform all staff and workers regarding the management system, conduct regular re-evaluations and make continuous improvements in order to prevent unauthorized access, loss, destruction, falsification or disclosure of customers’ personal information.
7. Supervision of Trustees
This company may entrust the creation of the collection system to a third party. In this case, this company shall only select a corporation with personal information management standards that exceed the safety standards set by this company, shall enter into necessary contract such as basic agreements regarding the retention of personal information, and shall conduct necessary and appropriate supervision of trustees.
8. Provision of Personal Information to Third Parties
This company shall not provide identifiable information of customers to third parties. However, this limitation does not apply in the following cases.
・ Cases based on laws and regulations
・ Cases in which it is necessary to preserve the life, limb or property of an individual, and it is difficult to obtain the consent of said individual
・ Cases in which it is necessary to improve public health or preserve the healthy development of children, and it is difficult to obtain the individual’s consent
・ Cases in which it is necessary to cooperate in assisting with the performance of duties stipulated by law undertaken by national government agencies, local government agencies, or those assigned by said agencies, and there is a risk that obtaining the consent of the individual concerned might obstruct the performance of said duties
9. Disclosure, Revision (Addition or Deletion), and Suspension of Use (Deletion) of Personal Information
In the event that a customer requests the disclosure, revision (addition or deletion) or suspension of use (deletion) of their own personal information, this company shall comply within reasonable expectations upon verifying the identity of the customer. However, some or all information may not be disclosed in the following cases.
・ Cases in which the customer’s identity cannot be verified, e.g. if the address included in the demand for disclosure or the address included in documents for the purpose of identity verification do not match the address registered with this company
・ Cases in which application is made by proxy, and the authority for representation cannot be verified
・ Cases in which the prescribed request documents are not in order
・ Cases in which the information does not fall under “personal information subject to disclosure”
・ Cases in which the content of revisions or additions is not factual
・ Cases in which this company cannot comply with deletion due to its nature as personal information subject to disclosure (However, this company will respond by suspension of use and suspension of provision to the service provider)
・ Cases in which suspension of use would incur sizeable expenses and compliance is difficult (However, this company will respond by taking appropriate alternative measures)
・ Cases in which there is a risk of infringing upon the interests of a third party, including life, limb or property
・ Cases in which there is a risk of significant obstruction of the proper execution of this company’s operations
・ Cases which would result in the violation of laws or regulations
* Written Requests for the Disclosure, Revision (Addition or Deletion) or Suspension of Use (Deletion) of Personal Information
Please contact the address below regarding written requests for the disclosure, revision (addition or deletion) or suspension of use (deletion) of personal information. You will be sent the necessary request forms for disclosure etc.
Attn: Personal Information Handling Supervisor
Curio Inc.
Ark Hills Executive Tower S802
Akasaka 1-14-5
Minato-ku, Tokyo
Japan
In the event that a customer makes a written request for the disclosure, revision (addition or deletion) or suspension of use (deletion) of their own personal information, we request that two copies of the request forms including all designated information be sent in order to verify the customer’s identity.
In the event that we are unable to comply with a request for disclosure, we shall give notification of the reason.
In the event that we comply with the request, we shall charge a separately determined surcharge in addition to the basic fee of 1,000 JPY per request. Please deposit the services fees to this company’s designated bank account. In addition, the customer shall be responsible for the deposit surcharge.
In the event that payment has not been received within one week of the initial contact, disclosure etc shall not be performed.
Additionally, please be aware that this company shall accept no liability for postal mishaps or non-delivery of disclosures, invoices or responses during mailing, except in the case of grounds attributable to this company. Furthermore, we cannot accept direct payments in person at our place of business.
Personal information collected during the course of the disclosure request etc (including documents obtained for the purpose of verifying the identity of the customer or their representative) shall be handled only within the limits necessary for the disclosure request etc. Documents that were provided shall be retained for six months following the completion of the response to the disclosure request etc, and then destroyed.
“About Handling of Personal Information” explains the handling of the personal information of customers by this company, and customers who use this service shall be considered to have sufficiently understood and consented to the contents of “About Handling of Personal Information.”
In addition, this company reserves the right to change “About Handling of Personal Information” at any time.
These Terms of Use (hereinafter referred to as the “TOU”) set forth the terms between Curio Inc. (hereinafter referred to as the “Company”) and users (hereinafter referred to as the “User” or “Users” depending upon context) of any services or features of Curio Audio (hereinafter referred to as the “Service”), which is provided by the Company.
1. Definitions
The following words and terms shall have the meanings set forth below when they are used in the TOU.
1.1. “content(s)” means information such as text, audio files, music, images, videos, software, programs, computer code, and other such information and data.
1.2.“Registered User(s)” refer to the those who have agreed to the TOU and have registered as a user.
2. Agreement to Terms of Use
2.1. All Users shall use the Service in accordance with the terms stated in the TOU. Users may not use the Service unless they agree to the TOU. Such agreement is valid and irrevocable.
2.2. If the User is a minor, parental consent is needed to use the Service. If the Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the TOU.
2.3. By using the Service, Users (and Users who use the Service on behalf of, or for the purpose of a business enterprise) are deemed to have agreed to the TOU. Such agreement is valid and irrevocable.
3. Modification of the Terms and Conditions
3.1. The Company may modify the TOU when the Company deems necessary, without providing prior notice to Users.
3.2. The modification will become effective once the modified TOU are posted on an appropriate location within the website or application operated by the Company.
3.3. Users shall be deemed to have granted valid and irrevocable consent to the modified TOU by continuing to use the Service.
4. Account
4.1. Those who wish to become Users shall apply for membership upon agreement to the TOU and make applications by following the procedures designated by the Company.
4.2. Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.3. Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.
4.4. The Company may suspend or delete a User’s account without giving prior notice to the User if the Company believes that the User is violating or has violated the TOU.
4.5. The Company reserves the right to delete any account that has been inactive for a half period of a year or more since its last activation, without any prior notice to the User. The Company is not obligated to delete such accounts.
4.6. Users’ rights to use the service shall expire when their account has been deleted for any reason. The account cannot be retrieved even if Users have accidentally deleted their account, and the Company asks Users to be aware of this.
4.7. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
5. Privacy
5.1. The Company promises to regard the privacy of its Users as its utmost priority.
5.2. The Company promises to protect the privacy and personal information of its users in accordance with the Privacy Policy.
5.3. The Company promises to exercise the utmost care regarding its security measures for the providing continued security of all User information.
6. Provision of the Service
6.1. The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Service provided by the Company, only for the purpose of using the Service.
6.2. The Company shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Company (with the exception of Submitted Contents and Partner’s Contents), and such rights which shall not be transferred to Users.
6.3. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction, modification).
6.4. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users’ own responsibility and at Users’ own expense.
6.5. The Company reserves the right to modify or cease, at the Company’s own discretion, the whole or part of the Service at any time without any prior notice to the Users.
7. Advertisements
The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
8. Restrictions
Users shall not engage in the following when using the Service.
8.1. Activities that violate the law, court verdicts, resolutions or orders, or any other legally binding measures.
8.2. Activities that may hinder public order or customs.
8.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party protected by law or contract.
8.4. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
8.5. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company’s authorization.
8.6. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company).
8.7. Activities that use the Service for the purpose of sexual conducts or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libellous attacks against other Users; or use the Service for purposes other than the Service’s true intent.
8.8. Activities that benefit or collaborate with anti-social groups.
8.9. Activities that are related to religious activities solicitations to certain religions and, or religious groups.
8.10. Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or any other such information.
8.11. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by any other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company’s operation of the Service or Users’ use of the Service.
8.12. Activities that aid or encourage any activity stated in Clauses 1 to 13 above.
8.13. Any other activities that are deemed by the Company to be inappropriate.
9. User Responsibility
9.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
9.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the TOU. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
9.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer’s fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the TOU while using the Service, the User shall immediately compensate the Company upon its request.
10. The Company’s Exemption of Liability
10.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
10.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the TOU) between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
10.3. Notwithstanding the condition stated in clause 10.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
11. Notification and Contact
11.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
11.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Company.
12. Governing Law and Jurisdiction
This TOU will be governed by the laws of Japan and any disputes, claims, conflicts that arise from the Service or between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.