TERMS OF USE for Application (“instax Biz™”)
BEFORE USING THIS APPLICATION SOFTWARE PROVIDED BY FUJIFILM CORPORATION (“Fujifilm”), PLEASE READ THE TERMS OF USE (“Terms”) CAREFULLY. ONLY IF YOU DO AGREE TO THE TERMS, YOU WILL BE ABLE TO USE THE APPLICATION SOFTWARE.
1. Definitions.
The "Application" means the application software, including the operation manuals and other related materials of the application software, which is provided by Fujifilm to you under the Terms.
2. Restrictions.
2.1 You shall not distribute, rent, lease or otherwise transfer all or any part of the Application to any third party without Fujifilm's prior written consent. You also shall not sublicense, assign or otherwise transfer all or any part of the rights granted to you by Fujifilm under the Terms without Fujifilm's prior written consent.
2.2 You shall not copy or reproduce all or any part of the Application without Fujifilm's prior written consent.
2.3 You shall not modify, adapt or translate the Application. You also shall not alter or remove copyright and other proprietary notices that appear on or in the Application.
2.4 You shall not, and shall not cause any third party, to reverse-engineer, decompile, or disassemble the Application.
2.5 In using the Application, you shall not violate any laws, statutes or ordinances or act against public order and morality and you shall not use photographs which include any of the contents below:
(b) Any content that includes personal information of a third party (e.g. name, address, phone number, and e-mail address).
(c) Any content that includes pornography or any other indecent material.
(d) Any content that induces or encourages violence, bestiality or crime and hinder sound development of juveniles.
(e) Any content that includes discriminatory expression.
(f) Any content that constitutes or may lead to violations of any laws, statutes or ordinances or content that is or may be offensive to public order and morality.
(g) Any other contents determined by Fujifilm to be inappropriate.
3. Special Terms on Template function.
3,1 By downloading the Application, each user acknowledges that standard trademark, copyright and intellectual property infringement laws apply to all extractions / applications of third party materials made using the Application. Each user further agrees not to use the Application for infringing purposes, and that he/she will be solely responsible to ensure that the use is allowed under the applicable laws, or all necessary authorizations, approvals, and rights have been procured from any applicable third parties for any uses of their property made. When using the Template function, you shall take special care to not violate Article 2 of the Terms, which includes but is not limited to, the restriction on violation of any laws, statutes or ordinances, and infringement of third party’s copyrights, trademarks, privacy, publicity or portrait rights. When you create photo images by using materials such as logos, marks, icons, pictures, or text which a third party has rights such as copyrights, or trademarks, you are only permitted to use those within the scope allowed under the applicable laws, as an example for private or other personal uses. If you are to release to public, you need to check whether this is covered by permitted usage under applicable local law or whether you need to obtain right holder’s prior consent.
3.2 FUJIFILM SHALL HAVE NO OBLIGATION TO MONITOR THE MATERIALS STORED IN THE APPLICATION. However, Fujifilm may at its sole discretion, at any time, take measures which Fujifilm thinks appropriate when detecting acts violating Article 2 of the Terms without giving you any prior notice or obtaining your consent. IN NO EVENT SHALL FUJIFILM HAVE ANY LIABILITY FOR ANY DAMAGES INCURRED FROM THOSE MEASURES.
3.3 FUJIFILM Corporation and its subsidiary and affiliate companies disclaim any responsibility for, and will not in any circumstance be liable for, any infringement or infringing uses made by the Application user of third party intellectual property.
4. Ownership.
All copyrights and other proprietary rights to the Application are owned and retained by Fujifilm or third party suppliers as indicated on or in the Application. Nothing contained herein shall be construed, expressly or implicitly, as transferring or granting any right, license, or title to you other than those explicitly granted by Fujifilm in writing.
5. DISCLAIMER
5.1 FUJIFILM SHALL MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF ANY COPYRIGHT, PATENT, TRADE SECRET, OR ANY OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY, MARCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. FUIJIFILM SHALL NOT BE LIABLE FOR ANY INFRINGEMENT OF PROPRIETARY RIGHTS OF A THIRD PARTY AND DAMAGES ARISING THEREFROM INCURRED FROM THE USE OF THE APPLICATION.
5.2 FUJIFILM PROVIDES THE APPLICATION "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
5.3 TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT SHALL FUJIFILM HAVE ANY LIABILITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOST SAVINGS) INCURRED FROM THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF FUJIFILM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Your Responsibilities.
6.1 You make use of the Application at your own risk. You agree that you are solely responsible for the use of the Application, results thereof and any damages incurred by the use of the Application.
6.2 If you are minor, you shall obtain your guardian’s consent before using the Application.
6.3 If you defame another person's reputation, violate another person's privacy, disclose personal information of a third party without obtaining consent or violate another person's rights (including but not limited to copyright, trademark, publicity and portrait rights), or if any conflict with a third party occurs as a result of your use of the Application, you are solely responsible for resolving such conflict at your own cost. Fujifilm assumes no responsibility or liability regarding your use of the Application.
7. No export.
You acknowledge that neither Application nor any part thereof will be transferred or exported to any country or used in any manner in violation of any export control laws and regulations to which the Application is subject.
8. Violation of the Terms.
In case you failed to comply with the Terms, Fujifilm may suspend your use of the Application in part or in full without your agreement, and Fujifilm reserves the right to claim for damages incurred by Fujifilm due to such failure.
9. Changes to the Terms.
Fujifilm may change the Terms at its discretion. When changing the Terms, Fujifilm will notify you by posting the changed Terms on the Application, The changed Terms become effective as of the effective date set by Fujifilm at the time of notification.
10. Governing Law and Jurisdiction.
The Terms shall be governed by and construed in accordance with the laws of Japan. Any and all disputes related to the Terms shall be subject to exclusive jurisdiction of Tokyo District Court in the first instance.
Privacy Notice for Application (“instax Biz™”)
1. Scope of This Privacy Notice
1.1 Scope of Application
FUJIFILM Corporation (“FUJIFILM” or “we”) cares about your privacy. This Privacy Notice describes our commitment to protection of data privacy and how we treat the personal data of the “instax Biz™” application software (“Application”) users. This Privacy Notice applies to the collection, processing and use of personal data which is processed by using the Application.
This Privacy Notice applies to both FUJIFILM and its subsidiaries to the extent applicable related to the processing of data under the conditions defined in this Privacy Notice.
1.2. Controller
The data controller in relation to any personal data that is collected through this Application is:
FUJIFILM Corporation
Midtown West, 7-3, Akasaka 9-chome, Minato-ku, Tokyo 107-0052, Japan
https://www.fujifilm.com/contact/
Imaging Solutions Div.
FUJIFILM's European Union (EU) or FUJIFILM's European Economic Area (EEA) representative can be contacted as follows:
FUJIFILM Europe GmbH
Balcke-Duerr-Allee 6, 40882 Ratingen Germany
or
privacyoffice_eu@fujifilm.com:
For further information about FUJIFILM please access the following link:
http://www.fujifilm.com/about/profile/fact_sheet/
2. Collection and Management of Personal Data
2.1. Downloading the Application
When downloading the Application, the necessary information is transferred to the app store, in particular username, e-mail address and customer number of the underlying account, time of download, and device code. However, we have no influence on this data collection and are not responsible for it. The controller for the processing in this context is the operator of the app store.
2.2 Collection of Personal Data
When using the Application, the Application establishes an internet connection to enable saving and downloading picture flames you create, and acquiring your own usage data. When you use the Application, FUJIFILM will process the following personal data:
(a) “Template Data“: Template frame you created in the Application;
(b) “Technical Data”: Data concerning the use of your Application such as IP address, version information of the Application, information on your device and OS, connection status with such device, browsing information and number of prints on this Application (per Application and per device); and
(c) “User ID”: Numbers randomly assigned to the Application when you first downloaded the Application.
2.3 Purpose of use of Personal data
We process, store and use your personal data for the following purposes:
(i) “Performance Purpose”: for providing you with the services, features and functions of the Application. From an EU law perspective, the legal basis for the processing of such personal data is the contract on the use of the Application concluded with you (Art. 6 (1) lit. b GDPR);
(ii) “Improvement Purpose”: for customizing and improving our products and services including the Application, developing new ones and to analyzing the demand for our products and services in accordance with your preferences. We will use only the Technical Data for this purpose. From an EU law perspective, the legal basis for the processing of your personal data is consent (Art. 6 (1) lit. a GDPR). As regards the use of the Technical Data for this purpose, you can stop such use by us by withdrawing your consent at any time via changing “Settings” in the Application.
The use of personal data provided by you shall be limited to the purposes above. However, we reserve the right to conduct additional processing to the extent permitted or required by relevant laws and regulations, or if we are authorized or required to use your personal data in support of any legal or criminal investigation.
We do not engage in automated decision-making in the context of the processing of personal data of Application users.
2.4 Data Sharing and Disclosure
We share your personal data when:
(a) your consent is given in advance;
(b) sharing your personal data with affiliated FUJIFILM companies or third party companies processing on our behalf is necessary to provide you with our services regarding the Application;
(c) our business is assigned or transferred either by operation in law or otherwise including mergers, consolidations and dissolution or transfer of operations;
(d) disclosure of your personal data is required by applicable laws and regulations or if we are authorized or required to such disclosure in support of any criminal or other legal investigation or proceeding conducted by relevant authorities; or
(e) there is an immediate need for disclosure to protect human life or human rights.
We will not disclose or supply, share or otherwise distribute your personal data to third parties except as described in this Privacy Notice.
2.5 International Data Transfer
We may transfer the personal data we collect or receive to recipients which are located outside of your country, and store such information in, other countries outside your country which do not provide for an adequate level of data protection. The countries that are recognized to provide for an adequate level of data protection from an EU law perspective (Art. 45 GDPR) are Andorra, Argentina, Canada (commercial organisations), Faeroe Islands, Guernsey, the State of Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, United Kingdom, the United States of America (commercial organisations participating in the EU-US Data Privacy Framework) and the Eastern Republic of Uruguay. To the extent your personal data are transferred to countries that do not provide for an adequate level of data protection from an EU law perspective, we will base the respective transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission (Art. 46 (2) GDPR) and additional measures, where this is required under applicable law. You can ask for a copy of such appropriate safeguards by contacting us as set out in Section 2.7.
2.6 Your rights relating to your personal data and contact information
Under applicable law, you have the following rights in relation to your personal data. These may be limited under applicable data protection law.
(i) Right to request access to personal data: You have the right to confirm with us whether your personal information is processed, and if it is, to request access to that personal information including the categories of personal information processed, the purpose of the processing and the recipients or categories of recipients. You have the right to obtain a copy of the personal data undergoing processing. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
(ii) Right to rectification: You have the right to obtain from us rectification of inaccurate or incomplete personal information concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(iii) Right to erasure of your personal data (right to be forgotten): You have the right to ask us to erase personal information concerning you.
(iv) Right to restriction of processing of your personal data: In limited circumstances, you have the right to request that we restrict processing of your personal information.
(v) Right to data portability: You may have the right to receive personal information concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that personal information to another entity without hindrance from us.
(vi) Right to object: Under certain circumstances you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal information, including profiling, by us and we can be required to no longer process your personal information.
Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
You may withdraw your consent on collection, use and processing of your personal data set forth in this Privacy Notice at any time with effect for the future. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
In case you have any questions or concerns about this Privacy Noticeor wishes to submit a data subject request, please contact the following address:
(a) If you are residing in the European Union (EU) or European Economic Area (EEA);
FUJIFILM Europe GmbH
Data Protection Officer
Balcke-Duerr-Allee 6, 40882 RatingenGermany
or
privacyoffice_eu@fujifilm.com
(b) If you are NOT residing in the EU or EEA;
FUJIFILM Corporation
Midtown West, 7-3, Akasaka 9-chome, Minato-ku, Tokyo 107-0052, Japan
or
For any inquiries please use the contact form available at the link below.
https://www.fujifilm.com/contact/
You also have the right to lodge a complaint with a competent supervisory authority in accordance with the applicable laws if you consider that the processing of personal data relating to you infringes the applicable laws. For this purpose, you may contact in particular the supervisory authority in the country of your habitual residence or the place of the alleged infringement.
3. Use of Webtools
The Application uses Google Analytics for Firebase (only when you choose area other than EU or EEA as the area you reside) and PostHog, web analytics tools that use “Cookies” or similar technologies to collect and process Technical Data. On the Application, Google Analytics for Firebase and PostHog track and analyze usage and volume statistical information from you. Such service providers may set cookies on behalf of us. The statistical information collected by cookies are used to track and improve the effectiveness of the Application.
For more information collected by Google Inc. when using Google Analytics for Firebase, please visit:
https://support.google.com/firebase/answer/6318039?hl=en
The information collected by Google Inc. is handled in accordance with the Google Privacy Policy
(https://policies.google.com/privacy?hl=en).
For details PostHog, please visit:
https://posthog.com/privacy. As regards to the use of the PostHog, we execute a data processing agreement with PostHog to ensure that the data are processed by the service provider in accordance with our instructions.
You can stop collection and use of Technical Data with Google Analytics for Firebase and PostHog at any time by change “Settings” in the Application.
4. Children’s Personal data
We do not knowingly collect or solicit personal data from children defined by local laws. We encourage parents and guardians to take an active role in their children’s online activities and interests.
5. Changes to the Privacy Notice
FUJIFILM reserves the right to change, amend, or update this Privacy Notice. If we do decide to change our Privacy Notice, we will post the revised Privacy Notice by updating the Application.
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