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:

(a) Any content that constitutes or may lead to any infringement of copyrights, trademarks, privacy, publicity, or portrait rights, reputation or other rights of a third party.
(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 Policy for Application (“INSTAX Biz” )

1. Scope of This Privacy Policy

1.1 Scope of Application

FUJIFILM Corporation (“FUJIFILM” or “we”) cares about your privacy. This Privacy Policy describes our commitment to protection of data privacy and how we treat the personal data that we collect from users of the “INSTAX Biz” application software (“Application”). This Privacy Policy applies to the collection, processing and use of personal data which is processed by downloading, installing and using the Application.

This Privacy Policy applies to both FUJIFILM and its subsidiaries to the extent applicable related to the processing of data under the conditions defined in this Privacy Policy.

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.

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/ID number. However, we have no influence on this data collection and are not responsible for it.

2.2 Collection of Personal Data

When using the Application, the Application establishes an internet connection and accesses the servers we use to provide the services. When you use the Application, FUJIFILM will collect certain personal data such as followings:
(a) “Inquiry Data”: information you may provide together with an inquiry ; and
(b) “Technical Data”: technical information including your IP address, cookies, version of the Application, terminal device model, terminal device operating system version, which page you have viewed within the Application and the number of photo copies that you have printed.
(c) “Location Data”: information on your location.
As to the Technical Data defined in item (b) of this Article, we will collect only when you give consent. You may withdraw your consent at anytime through the Application. This shall not apply for data strictly necessary to provide the services on the Application.
Photos you take on this Application are saved only in the Application. FUJIFILM does not collect such photo data.

2.3 Purpose of use of Personal data

We process, store and use your personal data for the following purposes:
(i) Inquiry Data
(a) “Inquiry Purpose”: for responding to your inquiries; and
(c) “Improvement Purpose”: for improving our products and services including the Application, developing new ones and analyzing the demand for our products and services
(ii) Technical Data (as stipulated in Art 2.2, we will collect these data only when you give consent)
(a) “Improvement Purpose”;
(b) “Advertisement Purpose”: for advertising and market research based on your consent; and
(c) “Statistic Purpose”: for creating statistical information to be used for market research and marketing purpose without identifying individuals.
(iii)Location Data
“Performance Purpose”: for providing you with the services, features and functions of 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.

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) we determine from your inquiry in relation to our products/services that it is appropriate for affiliated FUJIFILM companies or a distributor that is responsible for the relevant product or service category and region to respond to your inquiry;
(d) our business is assigned or transferred either by operation in law or otherwise including mergers, consolidations and dissolution or transfer of operations;
(e) 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
(f) 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 Policy.

2.5 International Data Transfer

We may transfer the personal data we collect to, and store such information in, other countries which may have different privacy or data protection laws than the country in which the information was collected. In such case, we will take appropriate measures to protect your personal data.

2.6 Data Security

FUJIFILM takes adequate technical and organizational security measures in order to protect your personal data from being misused and to prevent the loss of your information. Your personal data is saved in a secure operating environment that is not accessible to the public. All personal data provided by you in the course of registration or use of personalized services will be transferred in encrypted form in order to prevent misuse of it by any third party.

2.7 Your rights relating to your personal data and contact information

You have (i) the right to access, correct or delete your personal data, (ii) the right to restrict the processing of your personal, and (iii) the right to object to processing as well as to data portability.
You may withdraw your consent on collection, use and processing of your personal data set forth in this Privacy Policy at any time with effect for the future.
In case you have any questions or concerns about this Privacy Policy or wishes to submit a data subject request, please contact the following address:
(a) If you are residing in the European Economic Area (EEA);
FUJIFILM Europe GmbH
Data Protection Officer
Balcke-Duerr-Allee 6, 40882 RatingenGermany
or
dataprotection_feg@fujifilm.com
(b) If you are NOT residing in the 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/
Depending on your location, you may 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 use Google Analytics for Firebase, a Web analytics tool that use “Cookies” or similar technologies to collect and process Technical Data. On the Application, Google Analytics for Firebase tracks and analyzes 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. As stipulated in Article 2.2, we will collect relevant data only when you give consent. You may withdraw your consent at anytime through 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 Policy

FUJIFILM reserves the right to change, amend, or update this Privacy Policy. If we do decide to change our Privacy Policy, we will post the revised Privacy Policy by updating the Application. Please keep the Application updated since continued use of the Application after any posted revision indicates your consent to our use your information in accordance with the changed, amended, or updated Privacy Policy.

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