1. COLLECTION OF PERSONAL INFORMATION
1.1 Personal Information. “Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or household. In addition, for the purpose of this Policy, Personal Information also refers to “Personal Information” as defined in the “Act on the Protection of Personal Information” of Japan. In addition, we will also treat, as part of Personal Information, IP address and terminal device information acquired from the User’s browser. The following are categories (with non-exhaustive examples) of personal information we may collect about you:
|A. Individual Identifiers and Demographic Information||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.|
|B. Geolocation Data||Precise physical location or movements.|
|C. Internet of Network Activity||Browsing history, search history, information on an individual’s interaction with a website, application, or advertisement.|
Solely for the purposes of the California Consumer Privacy Act (CCPA), Personal Information does not include:
- Publicly Available - Publicly available information from government records.
- Deidentified or Aggregate information – “Deidentified Information” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular individual, and for which Phybbit has implemented technical safeguards and business processes that prohibit reidentification of the individual. “Aggregate Information” means information that relates to a group or category of individuals, from which individual identities have been removed, that is not linked or reasonably linkable to any individual or household, including via a device.
1.2 Sources of Personal Information. We obtain the categories of personal information listed above on or through our Platform from the following categories of sources:
- Personal Information You Provide. Phybbit collects personal information when you voluntarily submit it to us. For example, we may collect or receive personal information from Users when a User creates a User Account; edits Registration Information; signs up to receive promotional communications; uses or accesses a Service or Content available through the Platform; participates in one of our promotional sweepstakes, contests, or surveys; posts a review; submits a request to our customer service team; interacts with our social media pages; or otherwise interact with us or other Users through the Platform.
- Automatically Collected Personal Information. In addition to personal information that we may receive directly from you, Phybbit indirectly collects other information from you automatically through the Platform. For example, we receive personal information from Users when a User visits and navigates our Platform on any device; installs and uses the Application; enables location-based features on the Application. We may also collect personal information about Users over time and across different websites, apps, and devices when a User accesses the Platform. Third parties also collect personal information this way on our Platform. Phybbit collects some personal information automatically using Cookies or other online tracking technologies as described below.
- Personal Information Obtained from Third Parties. In addition to the personal information that we collect from you directly and automatically, Phybbit may receive personal information about you from other third party sources. For example, we receive personal information from our business partners, social media sites, or companies that provide personal information to supplement what we already know about Users. We may merge or combine such personal information with the personal information we collect from you directly or automatically.
1.3 Acquisition of Personal Information. Personal Information necessary for business activities will be acquired by us directly from Users and other parties, from the browser or mobile application environment, or via our partners. Additionally, when we acquire Personal Information, we will let you know or publicly announce the purpose of use thereof in advance (hereinafter referred to as “Public Announcement, etc.”) except in the following circumstances:
- Where the Public Announcement, etc., of the purpose of use will harm the life, body, asset, or other rights and interests of the subject person or a third party or is likely to harm our rights or legitimate interests;
- Where we are required to provide cooperation to the government agencies or municipal government agencies in their execution of affairs prescribed in laws and regulations, and the Public Announcement, etc., of the purpose of use to the subject person may obstruct the execution of such affairs; or
- Where the purpose of use is obvious in view of the situation of such acquisition.
2. USE OF PERSONAL INFORMATION
2.1 User Information. Phybbit’s primary purpose in collecting personal information is to provide the Services and Content that you request on the Platform. Phybbit may also use personal information for various purposes, including without limitation to:
- To Provide Our Products and Services. This could include fulfilling your requests for products or services. It could also include processing purchases or other transactions. For example, if you share your personal information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use such information for calculation of charges and invoicing and to process your payment and facilitate delivery. We may also save your personal information to facilitate new product or service orders, or process returns.
- To Improve Our Products and Services. We use personal information to understand and analyze the usage trends and preferences of our Users to make our Platform, Services, or Content better, diagnose technical issues, prevent fraud, develop new features and functionality, to maintain the system, and take actions in response to failures.
- To Understand Your Interests. We use your personal information to personalize your experience on the Platform and to deliver information about products and services relevant to your interests.
- To Respond to Your Requests or Questions. We use personal information to provide you with support and to respond to your requests for customer support, including to investigate and address your concerns and monitor and improve our responses. This may also include responding to your feedback.
- To Determine Your Eligibility and Set Up Your Account. We use your personal information to verify your identity or determine your eligibility for some of our products, services, and promotions. For example, this may include verifying your age, date of birth, and place of residence. If you set up an Account on the Platform, we will use the Registration Information you provide in relation to that Account creation to create, maintain, customize, and secure your Account. We may use Personal Information to deny the provision of our services to those who intend to use our services for commercial, political, religious or other improper purposes, or those who are likely to take an action that may disturb the operation of our service or our business, or any action that we consider inappropriate.
- To Secure the Platform. We use personal information to maintain the safety, security, and integrity of our Platform, products and services, databases and other technology assets, business, and other Users.
- To Communicate with You. We may communicate with you about your Account or our relationship. We may also contact you about this Policy or the Terms of Service.
- As Required by Law. We use personal information to respond to requests from law enforcement and as required by applicable law, court order, or government investigation and to exercise the rights and perform the duties under contracts or laws and regulations, including to take actions in relation to disputes, lawsuits, etc.
- To provide clearance services and logistics services.
- To otherwise handle matters incidental or relating to our services.
2.2 Use of Client Information. Phybbit may also use Personal Information pertaining to contact persons, etc., of our client corporations and self-employed business owners as follows:
- For negotiation of transactions, execution of agreements, confirmation of authorities, and implementation of transactions;
- For reporting and communications necessary for transactions;
- To make or accept various consultations and inquiries;
- To prepare and submit various business documents such as estimates;
- To manage information pertaining to our partners and contact persons and verify the identity;
- To provide information regarding our services, events, etc.;
- To otherwise perform the duties under laws and regulations or contracts.
2.3 Job Applicant Information. We may use Personal Information pertaining to individuals who desire to join Phybbit and apply for job openings for the following purposes
- For selection and other procedures for hiring, such notification of results;
- To provide information and make contacts in relation to recruiting activities;
- To improve our websites, manuals, communications, etc., intended for job applicants;
- For any and all matters relating to preliminary trainings for job applicants, job assignment, fostering of human resources, benefit package, and other labor management;
- For statistics and analyses regarding job applicants.
With regard to Section 2.1 (User Information), we may prepare anonymously processed data and provide the same to a third party upon taking appropriate protective measures to ensure that Users will not be identified or specified and that Personal Information used for the preparation of such data cannot be restored. Additionally, anonymously processed data to be prepared by us may include User Agent information (such as IP addresses, terminal device information and referrer), behavioral information such as clicks, viewing and installation, server domain information, text, image, audio and html information, and such provision will be prepared in data files and by data transmission in a secure manner.
3. SHARING OF PERSONAL INFORMATION
In addition to the specific situations discussed elsewhere in this Policy, Phybbit may share your personal information in the following circumstances:
3.1 Related Companies and M&A Transactions. We may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us). In addition, if we sell all or part of its business or make a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.
3.2 Consent. We may ask if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this policy, and we may do so with your consent.
3.3 Legal Compliance. We may disclose personal information in response to subpoenas, warrants, or court orders, in connection with any legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights; to defend against a legal claim; to investigate, prevent, or take action regarding possible illegal activities or fraud; to protect the safety and security of other Users; or to prevent a violation of our Terms of Service.
3.4 Service Providers. We may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of the Platform. Among other things service providers may help us perform website hosting, app design, maintenance services, database management, web analytics, app analytics, billing, payment processing, fraud protection, credit risk reduction, marketing, or any other use set out in this Policy. Access to your personal information by these service providers is limited to the information reasonably necessary for the service provider to perform its limited function. We require our service providers to keep the personal information that they are provided with confidential and to comply with all applicable laws.
3.5 Behavioral-Based Advertising. We participate in behavioral-based advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our Platform so that we can provide advertising about products and services tailored to your interest. That advertising may appear either on our Platform, or on other websites.
3.6 Partner or Client Offerings. We may jointly offer events, promotions, or any other product or service offerings with third party partners or our clients, which may be your employer. The personal information that you submit through an event, promotion, or other product or service offering may be combined and transmitted with the Registration Information related to your Account. Third party partners or clients may collection information directly from you, which may be combined with personal information disclosed by us. If you decide to request, enter into, or participate in an event, promotion, or other product or service offering that is offered by us and identified as a joint effort with a third-party partner or client, the information that you provide may be shared with us and with that identified third party.
3.7 Social Networking. The Platform may offer you the ability to share your personal information through a social networking website (e.g., Facebook, Twitter), using such site’s integrated tools (e.g., Facebook “Like” button, or Twitter “Tweet” button). The use of such integrated tools enables you to share personal information about yourself with other individuals or the public, depending on the settings that you have established with such social networking site. For more information about the purpose and scope of data collection and use in connection with such social networking site or a site’s integrated tools, please visit the privacy policies of the entities that provide these social networking sites.
3.8 Public Forum and Messaging. The Platform may provide you with the opportunity to post comments, messages, or reviews in a public forum. If you decide to submit personal information at these locations, that information will be available to other Users of the Platform.
3.9 Referrals. Users may recommend other Users to join the Platform by providing their contact information or selecting friends from a social networking site. Users may also provide information about other Users of the Platform such as reviews of the services or products that he or she received, booking or scheduling information, or reference information.
4. SECURITY OF PERSONAL INFORMATION
We strive to protect Personal Information. For instance, when transmitting Personal Information and other confidential information (such as credit card numbers), we encrypt such information by using SSL (Secure Socket Layer) to protect such information. No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of any unauthorized access or acquisition of your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
5. YOUR CHOICES. You can make the following choices regarding your personal information:
5.1 Access to Your Personal Information. You may request access to your personal information by contacting us as described below. We will grant you reasonable access to the data that we have about you as required by law.
5.2 Changes to Your Personal Information. We rely on you to update and correct the personal information contained in your Account. Note that we may keep historical information in our backup files as permitted by law. If our Platform does not permit you to update or correct certain personal information, please contact us as described below.
6. LIMITED USE DUE TO NON-PROVISION OF PERSONAL INFORMATION. The provision of your Personal Information is at your own discretion. However, if you do not agree to provide your Personal Information, there may be a case where you are unable to use all or part of our services or our partners’ services.
7. OPTING OUT. You can make the following choices to opt out of certain activities regarding your personal information:
7.1 Promotional E-mails. You may choose to provide us with your e-mail address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials related to our Platform, as well as targeted offers from third parties. You can stop receiving promotional e-mails by clicking the “unsubscribe” links in the e-mails or by contacting us as described below. If you decide not to receive promotional e-mails, we may still send you service-related communications, such as those about your Account, to fulfill orders for products and service you have requested or deliver notifications directly to you through the Platform.
7.2 Behavioral-Based Advertising. We participate in behavioral-based advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our Platform so that we can provide advertising about products and services tailored to your interest. That advertising may appear either on our Platform, or on other websites. If you wish to limit third parties’ collection of information about your use of our Platform, you can opt-out of such at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe. PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING THE PLATFORM. IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.
7.3 Do-Not-Track. Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time, we do not modify your experience based upon whether such a signal is broadcast.
8. ACQUISITION OF PERSONAL INFORMATION THROUGH MEANS NON INVOLVING IDENTITY VERIFICATION. We do not intend to acquire Personal Information through any means that does not involve the verification of your identity. In the event that we acquire Personal Information through such means, we will notify you to that effect and acquire such Personal Information upon obtaining your consent.
9. HANDLING OF COOKIE INFORMATION.
9.1 When a User uses our service or views our website, we may automatically acquire the User’s cookie, IP address, IDFA, AAID and other information from the User’s browser. We may use such information for the purpose of identifying the User, delivering optimal advertisement, analyzing for delivery of optimal advertisement, developing a new service, and optimizing our services for Users.
9.4 Additionally, for the steps to activate or inactivate cookies, IDFA, AAID, or other information or to delete such information, please see the manuals or Help pages for your OS or browser (with regard to advertising identifiers of third parties such as Google and Apple, please see the privacy policies of such parties).
9.5 For any question regarding the identification document, fees, and other specific procedures, please also make an inquiry to our contact indicated below.
11. EUROPEAN USERS. The following applies to individuals in the European Economic Area (EEA).
11.1 Lawful bases for processing. Phybbit is required to inform you of the lawful bases of our processing of your personal information, which are described in the table below. If you have questions about the lawful basis of how we process your personal information, contact us at the address listed in the section titled “CONTACTING US” below.
|Processing Purpose||Lawful Basis|
||Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated on the Platform.|
||Processing is necessary for the performance of a contract. You are subject to a contract with us and we need to use your personal information to provide products and services.|
||Processing is necessary to comply with our legal obligations.|
||Processing activities constitute our legitimate interests. We consider and balance the potential impact on your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent, or we are otherwise required to perform a contract or by law).|
We will use your personal information only for the purposes for which we collected it, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose. For example, we consider deidentification, aggregation, and other forms of anonymization of personal information to be compatible with the purposes listed above and, in your interest, because the anonymization of such information reduces the likelihood of improper disclosure of that information.
PLEASE NOTE WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.
11.2 Retention. Phybbit retains your personal information:
- For so long as your Account is active or as needed to provide you with the Platform or to fulfill our contractual obligations;
- As necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; and
- For so long as is necessary for the purposes for which we collected such personal information.
11.3 Your Rights. European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information.
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Restrict. Restrict the processing of your personal information.
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
When we receive your request, we may ask you to verify your identity before we can act on your request. We may withhold information where we are required by law to do so or if the search for that information would require disproportionate effort or have a disproportionate effect to, for example, the cost of providing the information, the time it would take to retrieve the data, or how difficult it may be to obtain the information requested. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
If you are not satisfied with our response, and are in the European Union, you may have a right to lodge a complaint with your local supervisory authority.
12. CALIFORNIA USERS. The following applies to individuals in located in California
12.1 Categories of Personal Information Disclosed for a Business Purpose or Valuable Consideration. California Civil Code 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 require that a business disclose whether the following categories of personal information are disclosed for a “business purpose” or “valuable consideration” as those term is defined under California law. Note that while a category below may be marked, that does not necessarily mean that we have personal information in that category about you. In the proceeding twelve months, we have disclosed the following categories of personal information in the manner described.
|Category||Information is Disclosed for a Business Purpose||Information is Disclosed for Valuable Consideration|
|A. Individual Identifiers and Demographic Information||Yes||No|
|B. Sensitive Personal Information||Yes||No|
|C. Geolocation Data||Yes||No|
|D. Biometric Information||Yes||No|
|E. Sensory Data||Yes||No|
|F. Commercial Information||Yes||No|
|G. Internet of Network Activity||Yes||No|
|H. Professional or Employment-Related Information||Yes||No|
|I. Education Information||Yes||No|
|J. Inferences Drawn from Personal Information||Yes||No|
12.2 Your Rights. If you are consumer as defined in the California Consumer Privacy Act (CCPA), i.e., a resident of California as defined in Section 17014 of Title 18 of the California Code of Regulations, you have certain rights in relation to your personal information under the CCPA. Under the CCPA, you have the following rights:
- If You are 16 years of age or older, You have the right to direct Us to not sell Your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by visiting the following Internet Web page link: https://spideraf.com/
Once You make an opt-out request, We will wait at least twelve (12) months before asking You to reauthorize personal information sales. However, You may change Your mind and opt back in to personal information sales at any time by visiting the following Internet Web page link: https://spideraf.com/
- You do not need to create an account with Us to exercise Your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
12.3 Additional California Privacy Rights. Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with Oaklo are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with and will include a list of the third parties with which it is shared, along with their names and addresses. If You are a California resident and would like a copy of this notice, please submit a written request to us at the addresses listed below.
13.1 No Fee Usually Required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.
13.2 What We May Need from You. When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
13.3 Time to Respond. We try to respond to all legitimate requests within 30 days of your request. Occasionally it may take us longer than 30 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.
13.4 No discrimination. You will not be subject to discrimination as a result of exercising the rights described herein. In some cases, when you exercise one of your rights, we will be unable to comply with the request due to legal obligations or otherwise, or we will be unable to provide you certain products or services. These responses are not discrimination and our reasons for declining your request or ceasing services will be provided at that time.
14. CONTACTING US
When you would like to request notification or disclosure of the purpose of use of Personal Information, correction, addition or deletion of a portion thereof, suspension of the use thereof, deletion thereof, or suspension of provision to a third party, please make a request to our contact indicated below. We will accommodate such request in an appropriate manner and to a reasonable extent pursuant to the law. For such purpose, we will verify your identity with the identification document designated by us and confirm the specifics of your request, and we will also ask you to submit a copy of the relevant documents.
For any question regarding the identification document, fees, and other specific procedures, please also make an inquiry to our contact indicated below.
Phybbit Ltd. Attention: Personal Information Manager BIS Nishiazabu 4F, 4-22-12, Nishiazabu, Minato-ku, Tokyo 106-0031 Email: email@example.com
Last Revised: [October 15,2019]
Amended on October 11, 2012
Amended on July 5, 2013
Amended on April 1, 2019