The purpose of this document ( “Privacy Policy” ) is to inform you ( “you” or “User” ) of how Motobayashi Co., Ltd ( and in the event that the Services are provided by any company which is affiliated to Motobayashi Co., Ltd ( “Motobayashi Co., Ltd Affiliate” ), that Motobayashi Co., Ltd Affiliate ) collects, processes and uses Personal Information ( as hereinafter defined ) in connection with the Company’s Motobayashi Co., Ltd services and all its related services, and whether or not such services are account based ( hereinafter referred to collectively as the “Services” ) which is subject to the Personal Information Protection Act of Japan. Please take a moment to read this Privacy Policy so that you know and understand the purposes for which we collect, process, use and disclose your Personal Information.
By interacting with us, submitting information to us, or signing up for our Services offered by us, you agree and consent to Motobayashi Co., Ltd (including its related corporations, Motobayashi Co., Ltd Affiliates and business units such as the Motobayashi Group), as well as their respective representatives and/or agents ( collectively referred to herein as “the Company”, “us”, “we” or “our” ) collecting, using, disclosing and sharing amongst themselves your Personal Information, and disclosing such Personal Information to the Company’s authorised service providers and relevant third parties in the manner set forth in this Privacy Policy.
User Information Collected by Company
When the User creates a Motobayashi Co., Ltd account for the use of the Services, accesses any of the Services or conducts any transaction through the Services, the Company may require the User to provide his/her name, date of birth, nationality, identification number, address, telephone number, email address, password, location information, transaction information relating to his/her use of the Services ( including, without limitation, the User’s transaction(s) with other Users, credit card information ), and/or other personal information that is required to provide the Services and may directly or indirectly identify the identity of the User ( collectively, the “Personal Information” ).
When the User with a Motobayashi Co., Ltd account elects to make a ment through the Services by credit card, the Company will acquire the User’s credit card information in order to process the ments, and provide the User’s credit card information and other Personal Information to the entities that are required to process the ment made via the credit card.
When the User without a Motobayashi Co., Ltd account makes a ment through the Services by credit card, the Company will collect the User’s credit card information ( credit card number, expiration date, CVC ) and/or telephone number to complete the purchase that the User has chosen to make.
The User may decide whether or not to submit any Personal Information required by the Company. The User should ensure that all Personal Information submitted to us is complete, accurate, true and correct. Failure on the User’s part to do so may result in our inability to provide the User with the Services the User has requested.
The User acknowledges and agrees that the Company may conduct a merger, spin-off, business transfer or any other transaction, whereby the Personal Information that the Company collected from the User may be transferred to a third party.
If Personal Information is provided by Motobayashi Co., Ltd Corporation to the Company with the User’s consent, and such Personal Information is not consistent with existing Personal Information that the Company currently possesses about the User, the Company may in its sole discretion replace or correct its existing records using the newly acquired information from Motobayashi Co., Ltd Corporation for consistency.
Use of the Services
• Cookies
To provide the best possible Services to the User, as well as for maintenance and security purposes, Cookies will be used to store the User’s settings, to record access figures as well as monitoring usage patterns and statistics. The User can choose to deactivate Cookies, however in such circumstances the User will not be able to use parts of the Services which require Cookies to be active such as those requiring the User to login.
• Logs
Upon the User’s access to the Services, the User’s IP address, browser type, and browser language etc., will be automatically obtained and stored on the platform of Motobayashi Co., Ltd ( the “Platform” ). Such information will be used to analyze User environments, thereby enabling the Company to provide better Services, as well as to prevent any unauthorized/fraudulent practices that may interfere with normal Services operations.
• Device Information
The Company may obtain the User’s device information ( such as operation system type, version, etc. ) via the Services at all times. Where permitted under the Act, such information shall be used for the provision of better Services, as well as for identification purposes and prevention of any unauthorized/fraudulent practices that may interfere with normal Services operations.
Purpose for Collection, Process, Use and Disclosure of User Information
The Company may collect, process, use and disclose the User’s Personal Information for the following purposes, including but not limited to:
• to provide information regarding the Services or to advertise/deliver/promote information from Motobayashi Co., Ltd Group Members, which include the affiliates and subsidiaries of Motobayashi Co., Ltd Corporation, your consent thereof is evidenced by accepting the Services and ticking the box and absent such consent, depending on the situations, the Company may not be in a position to provide its Services to the User;
• to provide or market services, products and benefits to you, including but not limited to special events and promotions from the Company, your consent thereof is evidenced by accepting the Services and ticking the box and absent such consent, depending on the situations, the Company may not be in a position to provide its Services to the User;
• to prevent any unauthorized/fraudulent use of the Services;
• to offer undisturbed and smooth Services to the User ( including, without limitation, software upgrades and improvements of the Services );
• to aggregate statistical data regarding the Services;
• to conduct research and analysis aimed at reviewing and improving Services;
• to enable the Company to deal effectively with the User’s inquiries;
• to provide information regarding new future developments regarding the Services;
• to perform identity checks when a User makes an inquiry or gives an instruction to the Company;
• to provide Customer Services to the User ( including, without limitation, processing claims relating to purchased items and the Services );
• to notify the User of any other important information regarding the Services and to contact the User where necessary;
• to provide relevant information to platform providers for their refund, cancellation, or ment purposes with regard to the User’s purchase of goods and services via the Services;
• to fully complete the Services required when or after the User terminates or withdraws the account for the Services;
• to prevent, detect and investigate crime and analyze and manage commercial risks and conducting investigations relating to disputes, billing or fraud;
• in connection with any claims, actions or proceedings ( including but not limited to drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution ), and/or protecting and enforcing the Company’s contractual and legal rights and obligations;
• to meet or comply with any applicable rules, laws, regulations, codes of practice or guide Motobayashi Co., Ltd’s issued by any legal or regulatory bodies which are binding on the Company ( including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations ); and/or
• to conduct any other activities that are required to provide the Services.
In addition, where permitted under the Act, the Company may collect, process, use and disclose Personal Information for the following additional purposes:
• to provide information regarding the Services or to advertise/deliver/promote information from Motobayashi Co., Ltd Group Members, which include the affiliates and subsidiaries of Motobayashi Co., Ltd Corporation, your consent thereof is evidenced by accepting the Services and ticking the box and absent such consent, depending on the situations, the Company may not be in a position to provide its Services to the User;
• to provide or market services, products and benefits to you, including but not limited to special events and promotions from the Company, your consent thereof is evidenced by accepting the Services and ticking the box and absent such consent, depending on the situations, the Company may not be in a position to provide its Services to the User;
• matching Personal Information with other data collected for other purposes and from other sources (including third parties) in connection with the provision, marketing or offering of products and services by the Company;
• administering and organising contests, lucky draws, promotional events, competitions and marketing campaigns, and personalising the User’s experience at the Company’s touchpoints;
• conducting market research, analytics and surveys to enable us to understand and determine customer preferences and demographics for us to offer the User products and services as well as special offers and marketing programmes which may be relevant to the User’s preferences and profile; and/or
• any other purpose reasonably related to the aforesaid.
The Company may use the User’s Personal Information for purposes other than listed in this Privacy Policy to the extent permitted by the Act.
Information Delegation
The Company may provide the Personal Information to any of the Motobayashi Co., Ltd Group Members if the Member is entrusted by the Company to provide any part of the Services. The Company shall procure the Motobayashi Co., Ltd Group Members to abide by this Privacy Policy so as to protect the User’s Personal Information.
In addition, the Company may entrust, to the extent the Company considers necessary to achieve the intended purpose concerning the use of the Services, the handling of the Personal Information collected from the User, in whole or in part, to a third party service provider to provide the Services hereunder. In such circumstances, the Company will take steps to ensure that the third party service provider abides by the Act, including by adequately assessing the qualifications and eligibility of the third party service provider, stipulating a confidentiality clause in the relevant agreement with the third party service provider, and establishing an appropriate information administration system.
Shared Use of Information
During the period when the User uses the Services, the User’s Personal Information may be processed and used in the form(s) of printed documents and/or electronic files or otherwise by the Company, the Motobayashi Co., Ltd Group Members, and/or the third party service provider within and/or outside the Japan.
User’s Rights
The User may, at any time, confirm, supplement or correct his or her registered Personal Information on the Services. The User can also deactivate his or her accounts for Motobayashi Co., Ltd according to the Terms and Conditions of the User.
The User may, by contacting the Company via the methods described at the end of this Privacy Policy, view or request a copy of his or her Personal Information from the Company which the Company has collected from the User’s use of the Services.
The User may, by contacting the Company via the methods described at the end of this Privacy Policy, send the Company a request to correct or add to his or her Personal Information, if the User finds his or her Personal Information registered with the Company has changed or is incorrect. The User may request the Company to delete, or discontinue collecting, processing or using his or her Personal Information unless the Company is allowed to continue to keep, process or use the User’s Personal Information as permitted by the applicable laws and regulations.
When the User requests access to his or her Personal Information ( including copies of his or her Personal information ) that the User is unable to confirm/access through the Services, the Company may charge the User a fee for the disclosure procedures. The User can choose freely whether or not they will provide the Company with his or her Personal Information, however the User may be unable to use a part of the Services until they have provided the Company with the necessary information.
Withdrawal from the Services
If the User decides to deactivate the account for the Services and not to keep using the Services, all information ( including, without limitation, the Personal Information ) relating to such User will be handled in accordance with law, this Privacy Policy, and the Company’s other policies, but such deactivation shall not be considered as a withdrawal of consent for the Company’s use and disclosure of such information unless it is otherwise informed in writing.
The Company, even after such deactivation, may use and process all of the information required for refund and other purposes with regard to the User’s purchase of goods and services via the Services during a certain period of time.
If the User withdraws his or her consent to any or all use of his or her Personal Information, depending on the nature of the request, the Company may not be in a position to continue to provide its Services to the User, administer any contractual relationship in place, which in turn may also result in the termination of any agreements with the Company, and the User being in breach of his or her contractual obligations or undertakings. The Company’s legal rights and remedies in such event are expressly reserved.
A Special Note about Personal Information of Minors
Minors who lack the legal capacity to contract under any applicable laws shall not set up a personal account on the Platform to use the Services.
Modifications to this Privacy Policy
This Privacy Policy may be revised from time to time. The User can access the latest version of this Privacy Policy.
Inquiries
If the User has any uncertainty about this Privacy Policy or questions, complaints, access and/or correction requests or comments on the handling of Personal Information related to the Services, the User should contact us.
Language
This Privacy Policy is made in both English and Chinese versions. In case of any discrepancy, the English version shall prevail.