Privacy Policy

DMR Co., Ltd. (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. COLLECTION OF PERSONAL INFORMATION THROUGH COMPANY’S SERVICE

2.1 With regard to the provision of the Company’s service (hereinafter referred to as the “Service”), the Company shall (i) require the users of the Service to fill in, and (ii) collect the personal information.

2.2 With regard to the provision of the application and website named VirTry (domain name: virtry.net) operated by the Company (hereinafter referred to as “VirTry”), the Company may collect the following information for the purposes as set forth in Articles 3.1 and 3.2, in addition to the collection of personal information as set forth in the Article 2.1 above.

(1) Information regarding the user’s face, including the position, size and direction of each part of the user’s face (eyes, nose, mouth, contour, etc.)

(2) Consecutive or continuous movements and changes of information set forth in item (1) above

2.3 We will store the information collected in accordance with Article 2.2 on the temporary basis in the memory area of the user’s device only as long as we provide the user with the VirTry functionality that requires such information, and we will delete it when the user’s use of such functionality is suspended or terminated.

Article 3. PURPOSE OF USE OF PERSONAL INFORMATION

3.1 The Company shall use personal information for the following purposes:

(1) Provision of the Company’s products or services, etc.;

(2) Notifications and responses to customer inquiries, with respect to the Company’s products or services, etc.;

(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 Company’s products or services, etc.;

(5) Notifications of amendment to the Terms of the Company’s products or services, etc.;

(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);

(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.

3.2 In case where the Company uses the information described in Article 2.2 in connection with the provision of VirTry, the Company will use it for the following purposes in addition to the purposes set forth in Article 3.1 above.

(1) To project and display 3D model files, image files, etc. at a specific position on the user’s face or head with a specific relative size and angle.

(2) To dynamically adjust and update the position, size, and angle of the 3D model files and image files, etc. projected and displayed in accordance with item (1) above according to the movements of the user’s face and head, and to project it maintaining the positional relationship between them.

Article 4. 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 5. 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 6. PROPER ACQUISITION OF PERSONAL INFORMATION

6.1 The Company shall acquire personal information by proper means, and shall not acquire it by a deception or other wrongful means.

6.2　 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 5;

(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 8.1.

6.3 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 5 or any of Items of Article 8.1.

(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

6.4 The Company shall acquire user’s steps information stored on iOS devices which have the Company’s iOS applications installed, through Apple HealthKit.

Article 7. 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 8. PROVISION TO A THIRD PARTY

8.1 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 5; 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.

8.2　Notwithstanding Article 8.1, 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 5.

In cases where the Company provides personal information to a third party in a foreign country, the Company shall conduct necessary and sufficient confirmation  with respect to the recipient’s system for the protection of personal information in advance, and conclude a non-disclosure agreement with the recipient before providing personal information, in order to ensure the security control set forth in Article 7 above.

For your reference, the countries where personal information may be provided by the Company are as described below.

the United States of America, Canada, countries in the European Union, Israel, India, Ukraine, Korea, Hong Kong, Pakistan and Russia

8.3　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.

8.4　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 9. DISCLOSURE OF PERSONAL INFORMATION

9.1　In cases where the Company is requested by the Principal or its representative to disclose the personal information under the Act, the Company shall, after confirming that the request is made by the Principal itself or its representative, disclose the personal information to the Principal or its representative pursuant to the procedures in Articles 9.2 through 9.4 below 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.

9.2  When submitting a request for disclosure pursuant to Article 9.1, the Principal shall prepare the following documents, and send by mail with Confirmation of Delivery to the contact set forth in Article 14.

① Application Form for Disclosure of Personal Information

Please download the above file and make the necessary entries.

② Identity Verification Documentation

Copy of documentation verifying name and current address, such as drivers license, passport, health insurance card, etc.

9.3  If the person making the request for disclosure pursuant to Article 9.1 is a legal representative, or an attorney-in-fact (designated agent), in addition to the documentation above, that person shall enclose the pertinent documentation below.

(1) Legal Representative

① Documentation to Verify Legal Right to Represent

Official copy of the family register, or in the case of a parent representing 　a dependent, a copy of the health insurance card filled out by the dependent.

② Documentation to Verify Identity of the Legal Representative

Copy of documentation, such as drivers license, passport, health insurance card, etc., sufficient to verify the representative’s name and current address.

(2) Attorney-In-Fact

① Power of Attorney (Attachment to Request for Disclosure of Personal Information)

Please download the above file and make the required entries.

② Certificate of registration of the name seal of the person requesting disclosure (issued within the past three months)

③ Documentation to verify the identity of a representative or attorney-in-fact

Copy of documentation, such as drivers license, passport, health insurance card, etc., sufficient to verify the representative’s name and current address.

9.4 　The Company will collate with the data retained by the Company and when there is a match, the Company ask that the Principal or its representative remit a disclosure fee by bank transfer as per the attached payment guide. The amount is \1,000 per request (Consumption Tax included). The Company also ask that the requester pay any bank transfer fees associated with the payment.

Article 10. 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 11. 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 12. TREATMENT OF ANONYMOUSLY PROCESSED INFORMATION

12.1 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.

12.2 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.

12.3 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.

For your reference, the items of information relating to the anonymously processed information already produced are as described in the following.  Unless otherwise announced publicly by the Company, the items of information shall also apply to the anonymously processed information which may be continuously produced by the Company in the future.

year of birth, sex, residential area (cities, wards, towns, villages and etc.), place of work ( same as above ), purchase history, browsing history, operation/input history, location information, movement history, inquiry history, event participation history, physical information such as height and weight, family structure (relationship with the Principal and each age), presence of dog allergy (including family member ), residential information ( house/condominium/rent/own house,  with pet permission and etc. ), present/past pet breeding history

12.4 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.

For your reference, the items of information relating to the anonymously processed information already provided by the Company and the method of provision thereof are as described in the following.  Unless otherwise announced publicly by the Company, the items of information and method of provision shall also apply to the anonymously processed information which may be continuously provided by the Company in the future.

【Items of information】

year of birth, sex, residential area (cities, wards, towns, villages and etc.), place of work ( same as above ), purchase history, browsing history, operation/input history, location information, movement history, inquiry history, event participation history, physical information such as height and weight, family structure (relationship with the Principal and each age), presence of dog allergy (including family member ), residential information ( house/condominium/rent/own house,  with pet permission and etc. ), present/past pet breeding history

【The method of provision thereof】

① mailing a hard copy;

② uploading to the server so that a third party can use anonymously processed information; and/or

③ sending an electronic copy by e-mail, etc.

12.5 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.

12.6 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 13. 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 14. CONTACT

With respect to requests for disclosure, etc., comments, questions, complaints and other inquiries regarding the handling of personal information, please contact the following.

28F Taiyo Life Shinagawa Bldg. 2-16-2 Konan Minato-ku, Tokyo 108-0075 Japan

DMR Co., Ltd., Personal Information Inquiries

TEL：+81 (0) 50-3786-5759

Article 15. 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.

Effective as of February 20, 2008

Revised as of September 14, 2020