Introduction
For Vivosens Inc. (hereinafter, “we,” “us,” “our,” or “Vivosens”), the personal information of customers (hereinafter, “you,” “your,” or “customer”) is very important, and accordingly we are committed to protecting your personal information.
This Privacy Policy (hereinafter, this “Policy”) stipulates our rules on the protection of personal information and privacy in connection with the Japanese version of our nutritional testing and information service (hereinafter, the “Service”) and the Japanese version of the mobile application “Vivoo” that we provide for use of the Service (hereinafter the “Application”). The term “Service” as used in this Policy includes our devices, applications, software, websites, APIs, and other services. You can find out about the data we collect, how we use such data, our management of customer information, and the measures we take to ensure the safety of information.
Vivosens’ Privacy Principles
It is our commitment to process and protect your personal data in compliance with applicable data protection laws and regulations (hereinafter, “data protection laws”) and recognize and respect your right to privacy.
Personal Information
The meanings of the terms “personal information,” “personal data,” and “anonymized personal information” as used in this Policy follow those set forth in the Act on the Protection of Personal Information (Act No. 57 of 2003; hereinafter, the “Personal Information Protection Act”).
1. Information Collected from Customers
A. Account information
In providing the Service, we collect and use the following types of information for the purposes set out in Article 2.
Information that falls under one of the following categories and from which, on its own or when two or more pieces of such information are combined, a specific individual can be identified: the information required to create an account for our services, such as name, username, email address, password, date of birth, gender, height, weight, and, in some cases, mobile phone number; the customer’s health and physical characteristics (such as eating habits, health concerns, drinking and smoking habits, nutritional choices, urine test results, behavioral history related to the Service, and body shape); and information that the customer shares through the Service
B. Additional information
When you contact Otsuka Pharmaceutical Company Limited (hereinafter, “Otsuka Pharmaceutical”), the official distributor in Japan of Vivosens and the testing strips used for the Service (hereinafter, a “Strip”), or when you participate in any survey, event, or promotion, we will collect the information that you send to us, such as your name, contact information, or message. We strongly recommend you not to post, through the Service, any information that may allow strangers to recognize or identify you, or any information that you are not willing to share with the public.
C. Information from third-party services
If you choose to connect your account for the Service with an account for another service, we may receive information from the other service.
For example, if you connect your account to Facebook or Google, we may receive certain information such as your name, profile picture, age group, language, email address, or friend list. Besides, you can also allow us to access your physical exercise data and activity data from other services. By removing our access privilege to other services, you can stop the sharing of your information from other services with us.
D. Cookies
For the Service, we may use cookies or other tracking technologies that are useful for evaluating the performance of our websites, Application, and services, as part of analytical operations on the Service, or in order to improve the content, products, or services offered through our websites, Application, and services. Furthermore, we may use third-party services in the provision of the Service to customers. It is possible that such services have their own cookies set up to memorize customers. Please note that we will not assume responsibility for the cookie policies of third-party services.
E. Health-related personal information
In the process of using the Service, you are required to share your measurement results in the Application with us.
Furthermore, in some cases, you are asked, as part of the Service, to additionally provide us with special care-required personal information or other personal information related to your health. Such information may include your gender, height, weight, health and physical characteristics (eating habits, chronic diseases, menstrual cycle, drinking and smoking habits, nutritional choices, urine test results, behavioral history related to the Service, body shape, etc.), or other health information that you share through the Service and from which an individual can be identified. You can manually upload your information to the Application.
F. Device information
We may collect individual-related information from your devices (e.g., geolocation data and IP addresses) and information about your activities on the Service (e.g., pages viewed, online browsing, clicks, actions, etc.). Please note that while you can decline to disclose certain information, you may not, as a result of your declination, be able to use our services to some extent or, depending on the circumstances, to the entire extent of our services.
G. Connected devices and software
The Service collects information from the devices and applications that you connect to the Application (hereinafter, “wearable device linked data”). For example, if you connect Google Health Connect or Apple Health to the Application, information will be sent to the Application either from the device running the connected third-party application or from the connected third-party application itself. The Service is designed primarily to help with your health and fitness through a user interface that allows you to directly input and view your physical activity, sleep, and heart rate.
Usable services: Fitness API (Apple) and Health Connect (Google)
Items measured by different APIs: Sleep sessions, heart rate, burned calories, and physical activity
Data usage: Data from Google Health Connect and that of Apple Health are read into the Application only. There is no writing into, no rewriting, or editing of, your linked data (number of steps, burned calories, sleep sessions, and heart rate) in connected devices or applications.
Purpose of Use:
The application utilizes data to display various health-related metrics, including activity levels (e.g., number of steps, calories burned), sleep sessions, and heart rate.
Data Privacy and Security:
Your Google Health Connect and Apple Health data are strictly for personal use within the application. We do not share your health data with any third-party services.
Data Storage:
No health data is stored within the app or transmitted to any external servers. Your privacy and data security are our top priorities.
2. Purposes of Use of Customer Information
Upon obtaining your explicit consent, we will handle your information for the following purposes.
A. Service operation and improvement
We may use data provided by you and data collected through the Service to operate and improve the Service and our other websites, applications, products, and services, to provide you with important information and notices related to the Service as required, and to fulfill our obligations arising from any agreements between you and us.
B. Marketing and promotion
We may use data provided by you and data collected through the Service to inform you of the latest information, promotions, and other similar information. We may also use your information to market our and our selected business partners’ products and services to you via email. Where required by law, we will ask for your consent at the time of collecting your data in order to implement the above-mentioned form of marketing. If you wish to unsubscribe from email marketing communications from us, please complete the prescribed procedure according to our instructions.
C. Advertising
Working with advertisers and advertisement networks, we may serve advertisements through the Service. We may provide such advertisers and advertisement networks with functions to collect data based on customers’ actions on the Service and, where applicable, data based on their actions on their mobile devices. Such data may include unique device identifiers and advertising identifiers associated with customers’ devices and customers’ precise location data to help analyze and serve targeted advertisements on the Service and elsewhere (including third-party websites and applications). Additionally, the Service may include third-party content and links to third-party websites. In order to serve electronic advertisements targeted at individual users, such advertisers, advertisement networks, and third parties may use cookies, pixels, and web beacons to track online users’ activities over time and across different websites or platforms. We do not have access to or control over those cookies, pixels, or web beacons that third-party websites or partners may use. We will not assume responsibility for the privacy practices or content of such third-party websites. We encourage you to personally check the privacy policies of various websites you visit.
D. Analytics services
We may also work with third-party analytics companies to understand how the Service is used, such as through data collection, report preparation, advertisement response measurement, and analysis of websites and mobile applications, and to assist in the delivery of appropriate marketing messages and advertisements.
We may use Google Analytics, analytics services provided by Google, or other third-party analytics service providers (hereinafter collectively, “analytics services”) to collect information about your use of the Service. These analytics services may collect information about the content you have viewed, your system information, and your location information. Information generated by analytics services in relation to your use of the Service is transmitted to and stored by those analytics services. Information collected by analytics services allows us to analyze the status of your use of the Service. We encourage you to check the settings of your own devices and those of the Service to ensure those settings are consistent with your preferences, including setting items regarding information collection and use. In some cases, you may be able to stop the Service from further collecting certain data of yours by updating the settings of the relevant device. Also, you can choose to uninstall the Service. Furthermore, you may choose not to share your detailed location information by adjusting the location information service settings on your mobile device. For details on how to change relevant settings, please contact your service provider/telecommunications carrier or device manufacturer.
3. How We Share Customer Information with Third Parties
We may share information with third parties in order to (i) observe applicable laws, regulations, and legal procedures and fulfill the requests of the government; (ii) enforce this Policy and our terms of use (including investigations into potential violations thereof); (iii) detect, prevent, or otherwise address improper acts or security or technical issues; (iv) respond to customer requests; or (v) protect our rights, property, or safety, our customers, and the public. This includes exchanging information for fraud prevention and spam/malware prevention.
We provide some of our services through contractual arrangements with our affiliated companies, service providers and service partners (hereinafter collectively, “service providers”), which are our contractors, and other third parties. In order to operate our websites and provide our services, we and our service providers may use your personal information within the scope of the business operations entrusted to those service providers by us. Example cases of such use of your personal information include those where such use is to enable the service that you have requested; where your contact information is disclosed to third-party service providers to manage any prize draws that you have entered and your third-party services (including, but not limited to, your participation in promotional programs); where we provide you with customer services; where a third party provides you with any service; and where your order information is provided to a third party so as to enable this third party to contact you. Such affiliated companies and service providers are not permitted to use personal information for any purpose other than for assisting customers in participating in particular services or promotional programs or for contacting customers. In connection with actual or potential business relationships with third parties such as advertisers and content distributors, we may aggregate information about customers’ behavior as statistical information and disclose it to such third parties. For example, we may disclose the number of users who came into contact with or clicked on advertising banners. When you access the Service, we may use third-party advertising companies to serve advertisements. These companies may use information about your public contents (not including your name, address, email address, or telephone number) and the history of your operation in using the Service and provide you with advertisements for products and services of your interest. We encourage our service providers to adopt and post their privacy policies. However, the use of your personal information by our service providers is managed by the privacy policies of those service providers, and thus is not subject to our control. You must accept that we will not assume responsibility for any breach by our service providers.
Except in the cases specified above and below, we will not provide personal data to any third parties:
(i) where such provision is required by law;
(ii) where such provision is necessary to protect the life, body, or property of an individual and it is difficult to obtain consent from the individual associated with the data;
(iii) where such provision is necessary for the improvement of public health or the sound development of children and it is difficult to obtain consent from the individual associated with the data; and
(iv) where it is necessary to cooperate with a national government agency or local government, their contractor, etc. in its execution of statutory affairs, and obtaining the consent of the individual associated with the data may affect the execution of those affairs.
4. Creation and Third-Party Provision of Anonymized Personal Information
By processing your personal information such that you cannot be identified from that information, we continuously create anonymized personal information and provide it to third parties.
(1) Items of individual-related information included in anonymized personal information provided to third parties
A. Account information: gender, year of birth, place of residence (prefecture), height, and weight
B. Customer health and physical characteristics: eating habits, chronic diseases, drinking and smoking habits, nutritional choices, urine test results, behavioral history related to the Service, body shape, etc.
C. Device information: geolocation data, IP addresses, and information about the customer’s activities on the Service (e.g., login history, page view history, online browsing history, click history, action history, etc.)
(2) Method of provision of anonymized personal information
- Provision via a server with appropriate access restrictions and control put into place
- In addition to the above, provision by some means for which appropriate security measures (encryption and password setup) are taken to prevent information leakage, theft, etc.
5. Disclosure of Personal Information
(1) When you make a request for disclosure of your own personal information, we will disclose it to you without delay. However, if such disclosure would result in any of the following cases, we may not disclose all or part of the requested information, and if we decide not to disclose it, we will notify you to that effect without delay:
(i) where there is a risk of harm to the life, body, property, or other rights or interests of the requesting individual or a third party;
(ii) where there is a risk of causing a significant disruption to the proper performance of our business; or
(iii) where such disclosure would violate any laws or regulations.
(2) Notwithstanding the provisions of the preceding paragraph, as a general rule, we will not disclose any information other than personal information.
6. Correction, etc. of Personal Information and Use Suspension, etc.
(1) If you request correction, addition, or deletion (hereinafter, “correction, etc.”) of your own personal information on the grounds of any error in it, or if you request suspension of use of your own personal information, or erasure thereof (hereinafter, “use suspension, etc.”), on the grounds that your personal information is handled beyond the scope of the intended purposes of use or that the information concerned was obtained by unfair means, we will conduct a necessary investigation without delay. In such case, please specify the registered information that you have provided to us through the Service. We may request additional information from you to verify your identity or to confirm that you hold the relevant email account.
(2) If we determine on the basis of the results of the investigation under the preceding paragraph that it is necessary for us to fulfill the request, we will implement the correction, etc. or use suspension, etc. in relation to the relevant personal information without delay.
(3) In the case where we have implemented any correction, etc. or use suspension, etc. in accordance with the provisions of the preceding paragraph, or where we have decided not to implement any correction, etc. or use suspension, etc., we will notify you to that effect without delay.
(4) Notwithstanding the preceding two paragraphs, if use suspension, etc. would incur a significant cost or it is otherwise difficult to implement use suspension, etc., and if the necessary alternative measures to protect your rights and interests can be taken, we will take such alternative measures.
7. Vivosens’ Policy on Children
Our services are not designed for children under the age of 15 years, and accordingly we do not intentionally collect personally identifiable information from children aged under 15 years.
If you are under the age of 15 years, please make sure to obtain permission from your parent/guardian before using the Service. If it is found that we have collected personal information from a child aged under 15 years, we will take appropriate measures and delete that information from our files as expeditiously as possible. If you become aware that a child has provided us with personal information contrary to this Policy, please contact us at vivoo@otsuka.jp.
8. Data Retention
In order to safeguard the personal data that we process and maintain, we use industry-standard physical, electronic, and procedural safety management measures. For example, we take reasonable steps to limit access to such data to those authorized employees and contractors that need to know the information concerned in order to operate, develop, or improve our services. While we strive to provide reasonable security for the data that we process and maintain, please be aware that no security system can prevent all potential security breaches. Consequently, we cannot guarantee the security of any information that you transmit on or through the Service, and accordingly please do so at your own risk. The period during which we retain personal data is based on our business needs and legal requirements. We retain personal data for as long as necessary for the purposes for which the relevant information was collected and for other permitted relevant purposes. For example, we may retain details and communications concerning certain transactions either until the time limit for claims arising from such transactions has elapsed or in order to comply with regulatory requirements regarding the retention of such personal data. When specific personal data becomes no longer required, we will either irreversibly anonymize it (we may further retain and use the anonymized information) or safely destroy the data.
9. Data Transfer
We transfer information to the United States for the purposes specified in this Policy. When you use the Service or provide information to us, your data will be transferred to and processed and stored on/in servers, databases, or cloud storage facilities located in the United States, and may be provided to service providers located in the United States to the extent specified in this Policy. By using the Service, you are deemed to have consented to such transfer, processing, storage, and provision. If you do not wish to have your data transferred to, or processed or maintained in, the United States, please do not use the Service. For information on the systems for protecting personal information in the United States, please visit the following link to details on the “Study on Systems for Protecting Personal Information in Foreign Countries” published on the website of the Personal Information Protection Commission (https://www.ppc.go.jp/enforcement/infoprovision/laws/offshore_report_america/). In addition, all information recipients comply with the OECD’s Eight Principles regarding the handling of personal data. By creating a Vivoo account and clicking “Agree” to data transfer, you are deemed to have agreed to the above details regardless of your country of residence.
10. Updates to Vivosens’ Privacy Policy
We update this Policy as required to reflect feedback from relevant companies and customers. We recommend you to periodically review this Policy to stay informed of how we are protecting your information. If you have any questions, please contact us at vivoo@otsuka.jp.
11. Your Right Under Applicable Data Protection Laws
We recognize that you have the right to access and control your own personal data, in accordance with the Personal Information Protection Act and applicable data protection laws.
To request access to, or correction or deletion of, your information, please send an email to vivoo@otsuka.jp. In so doing, please specify the registered information that you have provided to us through the Service. We may request additional information from you to verify your identity or to confirm that you hold the relevant email account.
12. Inquiries
vivoo@otsuka.jp
Vivosens Inc.
44 Tehama St, Suite 409, San Francisco, CA 94301, U.S.
If you would like to contact us with respect to your right mentioned above or other issues relating to personal information, please contact us by email at vivoo@otsuka.jp.
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