Updated : July 2021
Personal Information We Collect
Use of Personal Information
Sharing of Personal Data
Data Protection Rights
International Data Transfer
1. PERSONAL INFORMATION WE COLLECT. “Personal information” is defined as (i) any information that can identify, relate to, describe, be associated with, or be readily capable of being associated with a particular individual by collating with other information and (ii) Individual Identification Code as defined in the Personal Information Protection Act. Personal information does not include anonymous, de-identified, or non-personal data. We collect the following types of personal information:
● Personal Information You Provide to Us. We collect personal information that you provide directly for a business or commercial purpose, such as when you access our website, enter into a contract, establish a user account with us, register for an event or our services, through social media outlets, in connection with a potential business relationship with us, or by giving us your contact information at various events or online. This personal information may include your name, business name, email and physical address, telephone number, profile, activity and performance information, payment information, and when necessary, government ID or other tax related information.
● What We Get From Other Third Parties, Affiliates, and Subsidiaries. In certain circumstances, we collect personal information about you from certain third party partners, affiliates, and subsidiaries for a business and commercial purpose. We may combine this information with personal information provided by you. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. This personal information may include your contact information, professional or social media information, commercial information, and inferences and preferences related to your behavior.
● What We Automatically Collect from You. We collect the following information for a business and commercial purpose from you when you use the services:
● General System Information. Through your use of the services, we collect certain hardware and software information from you and your device such as your device id, device type, network information, time zone, operating system version, order printing information, device id location, IP address, and other general system information.
2. USE OF PERSONAL INFORMATION. Our primary purpose in collecting personal information is to facilitate and provide the services or information that you have selected to receive. Where required by law, we obtain your consent to use and process your personal information for these purposes. We use personal information for the following purposes:
● To Provide Your Requested Services. Our primary business and commercial purpose in collecting personal information is to facilitate and provide the services or information that you have selected to receive through either your consent or through entering a contract with us. For example, if you provide personal information to us through our website, we will use your data to respond to the request. We also use it to send administrative information, such as notices related to products and services, or to policy changes.
● To Manage User Registrations. If you have registered for an account with us, we process your personal information for a business purpose by managing your user account for the purpose of performing our contract with you according to applicable terms of service.
● To Contact You. With your consent (if required by applicable law), we use your personal information for our business and commercial purpose to contact you for marketing purposes, including telemarketing calls, and to send marketing emails that we believe may be of interest to you, such as product announcements, newsletters, informational materials, and details on upcoming events.
● To Manage Payments. If you have provided financial information to us, we process your personal information to verify that information and to collect payments to the extent that doing so is necessary for our business purpose to complete a transaction and perform our contract with you.
● To Plan, Manage, and Facilitate Events. We use your personal information for our business and commercial purpose in event planning and management, including registration, billing, and connecting with other event attendees, or to contact you further about relevant products and services.
● For Security, Legal Obligations, and Investigations. We use your personal information for our business purpose and legitimate interest to prevent, detect, mitigate, and investigate potential security issues, as well as fraudulent or illegal activity. We may also use your personal information for a legitimate interest to comply with and enforce applicable legal requirements or to protect our interests or the interests of other third parties. This also includes sharing personal information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
● For Improvements to Our Services and Products. We use your personal information for our business and commercial purpose and legitimate interest in connection with our products and services to diagnose technical problems, track and analyze usage, and make updates or improvements. For example, we may use your comments to improve or help guide future enhancements to our products and services.
To Personalize Your Experience. We may also use your personal information for our business and commercial purpose and our legitimate interest to personalize your experience on our websites. We and/or our services providers use website tracking technologies to display products or features that are tailored to your interests and to present advertising on other sites. For more information on these technologies see our Cookies Policy.
3. SHARING OF PERSONAL DATA.
● Service Providers. We share personal data with third-party service providers or vendors contracted to provide services on our behalf. Our service providers assist us by handling tasks such as IT services, data management, email distribution, or information analytics.
● Advertisers. We may share personal data with our advertisers. Our advertisers may use your information to display advertisements to you through the services and advertisements for us on third party websites.
● Law Enforcement. We may share personal data with law enforcement agencies if we reasonably believe unlawful activities have occurred or the personal data may aid in an ongoing investigation. We may also share personal data with law enforcement agencies if we determine, in our sole judgment, that you have violated our agreements or policies or that the release of your personal data may protect the rights, property, interests, or safety of us, our affiliates or any other third party.
● Legal Processes. We may share personal data as required by, or permitted by, law, whether in response to subpoenas, court orders, other legal processes, or as we believe is necessary to exercise our legal rights, including defending against legal claims that have been or might be brought against us and obtaining the consent is difficult.
● Business Transfers. Your personal data may be transferred to a third party as a part of a potential sale, merger, reorganization or other similar transaction. In accordance with applicable laws, we will use reasonable efforts to ensure security of your personal data when transferred to an unaffiliated third party in this case.
● Consent. With your consent, we may disclose personal data about you to certain third parties.
4. JOINT USE. We may jointly use your personal data with our affiliates as follows:
· Items of Personal Data to be jointly used We may jointly use the Personal information described in Section 1
· Scope of joint users. We may jointly use such Personal information with the affiliates and the parent company of Tokyo Smart Restaurants Godo Kaisha.
· Purposes of use of joint use. We may jointly use such Personal information for all the purposes described in Section 2.
· Entity responsible for the management of personal data. Tokyo Smart Restaurants Godo Kaisha
5. DATA PROTECTION RIGHTS.
● Individual Rights. Subject to applicable privacy laws, you may have certain legal rights over the personal data we hold about you. These rights may include the right to access and to obtain a copy of your personal data processed by us, the right to restrict the processing of your personal data, or the right to access, correct, delete your personal data. However, please note that such rights are not absolute. They do not always a
- Definitions. The following terms have specific definitions:
- “Provider”, “we,” “us,” and “our,” means the entity listed below in Section 10.
- “Customer” or “you” means the company agreeing to these Terms, either by clicking to accept these Terms or by entering into an Order Form for the Tech Services.
- “Tech Services” means the services and functionality provided by our proprietary restaurant delivery order management technology platform, known as Hubster.
- “Order Form” means an order form for use of the Tech Services provided by us or our authorized designee. If used, an Order Form shall be deemed incorporated into and part of these Terms.
- “Fees” means the service fees payable by you for your use of the Tech Services, as set forth in an Order Form or as otherwise indicated to you (by website or other means) when you agreed to use the Tech Services.
- “Third Party Vendors” means third party delivery service platforms, point of sale vendors, online ordering platforms and other third party vendors or service providers that you may elect to use and that we have made available within the Tech Services.
- “Your Data” means information and data about you, your business, your end customers and your Third Party Vendors generated during your use of the Tech Services, including information and data obtained from or provided by your Third Party Vendors during your use of the Tech Services.
- Tech Services
- We will provide the Tech Services, and you may use the Tech Services, in each case subject to these Terms. Your right to use the Tech Services is non-exclusive, personal to you and your employees, and is not assignable or transferable. Your authorization to use the Tech Services is contingent on your continued compliance with these Terms.
- You will be required to create an account to use the Tech Services, and you are responsible for maintaining the confidentiality of your username and password. You may only access the Tech Services through the tablet device we provide, our website, or our mobile application, unless otherwise authorized by us in writing and you may only use the tablet we provide, if any, within your brick and mortar restaurant space. The Tech Services may also be configured to print order details to a printer device which we may provide. Unless otherwise agreed in writing by us, you agree that hardware we provide to you in connection with the Tech Services, if any, is rented to you, not sold, and you may only use the hardware in connection with the Tech Services. You are solely responsible for damage, loss, repair, replacement and other costs if you do not return the hardware in its original condition, normal wear and tear excepted.
- We may from time to time modify or improve the Tech Services or add new features or functionality to the Tech Services. We may suspend Tech Services if reasonably necessary for an emergency situation or to stop potential harm, loss or damage to us or the Tech Services or other related systems. Any such suspension will be to the minimum extent and for the shortest duration required to: (i) prevent or terminate the offending use, (ii) prevent or resolve the emergency situation, or (iii) comply with applicable law.
- Other Rights and Restrictions
- The Tech Services, including its “look and feel”, content, software, technology and applicable documentation, are and will remain the exclusive property of us and our licensors and are protected under the laws of the United States and other countries, and we hereby reserve all rights related to the Tech Services. You agree to not let anyone else use the Tech Services or any hardware we provide, and you may not copy, modify, distribute, sell, or lease any part of the Tech Services or hardware. You agree to not reverse engineer or attempt to extract any of the source code of the Tech Services unless we agree in writing or you are allowed to do so by applicable law. You may only access and use the Tech Services for lawful purposes consistent with the purposes for which we intend it to be used.
- At your sole option, you may provide feedback or suggestions about the Tech Services to us, and if you do provide such feedback or suggestions, then you agree that we may freely use and exploit such feedback and suggestions for any purpose and without any obligation to you. You agree that we may use your name and logo in connection with supporting and marketing our Tech Services, provided that you may request the removal of your name and logo at any time by sending us an email at email@example.com.
- Third Party Vendors
- In order to provide you with the Tech Services, we need to access your accounts with certain Third Party Vendors. As such, you appoint us as your agent with authorization to access and use your accounts with Third Party Vendors and Your Data for the purpose of providing you with the Tech Services, and you agree to provide your account login information for such purposes. You also authorize us to access and use information that relates to you or your relationship with the Third Party Vendors and you authorize such Third Party Vendors to disclose Your Data to us. You hereby grant us and our affiliates a nonexclusive, perpetual right to use Your Data and the other information you may enter, upload or make available through the Tech Services to improve our and our affiliates’ products and services and perform relevant industry trend analyses during and after the term of these Terms. We may also aggregate or de-identify Your Data in order to share relevant industry trends with third parties. We will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of personal data. The data processing addendum located at https://www.tryhubster.jp/legal/terms-of-use/dpa is hereby incorporated by reference and applies to this Agreement.
- Fees and Payment. You agree to pay us the Fees in accordance with these Terms and any Order Form, as applicable. Subject to your termination rights in Section 6, we may modify the Fees at any time with at least 30 days advance notice of any increase. Unless otherwise stated, all Fees are due to us in local currency and are nonrefundable. You agree to pay all taxes due for the Tech Services, except for taxes on our income. If your payment is overdue, we may (a) charge interest on the overdue amount at 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full, and (b) suspend or terminate the Tech Services. You agree that we may use a third party provider to process the Fees.
- Term and Termination.
- If you entered into an Order Form, your use of the Tech Services is authorized for the time period specified in the Order Form. If you did not enter into an Order Form, or if the time period in your Order Form expires, your use of the Tech Services is authorized and will continue on an ongoing month to month basis until terminated in accordance with this Section 6.
- If your Order Form term is within 30 days of expiration, or you are using the Tech Services on a month to month basis, and in either case you no longer want to use the Tech Services, you can terminate the Terms for any or no reason by providing us with at least 30 days notice by sending an email to firstname.lastname@example.org. After the 30 day notice period you will no longer be authorized to use the Tech Services.
- A party may terminate these Terms upon written notice to the other party in the event that the other party is in breach of these Terms and does not cure such breach within 30 days, or 10 days in the case of non-payment of Fees by you, of notice to the other party thereof. We may terminate these Terms immediately upon written notice to you (i) for your breach of Section 2(a)-(b) or (ii) to comply with a legal requirement or court order, in our reasonable discretion. You may terminate these Terms upon written notice to us in the event that we modify the Terms or Fees and you do not agree to such modifications.
- Outstanding payment obligations and the following Sections will survive termination of these Terms: Sections 1, 3 and 5-10. Upon termination of these Terms, you agree to immediately return any of our hardware in your possession or control. You agree that we can continue to charge you for the Tech Services until we receive your returned hardware.
- Warranties and Disclaimers.
- Each party represents and warrants that it: (i) has full power and authority to enter into these Terms, and (ii) will comply with all laws applicable to the provision or use of the Tech Services, as applicable. You further represent and warrant that (1) if you upload any content (including menu items or pictures) to the Tech Services you have all necessary rights to use such content and doing so will not infringe or misappropriate the intellectual property rights of a third party, (2) the individual signing the Order Form or clicking to accept the Terms has the right to bind Customer, (3) you will not violate any obligations to any third party by entering into and performing under the Terms (e.g. if you have chosen to use one or more Third Party Vendors, you do not maintain an exclusive contractual relationship with such Third Party Vendor), (4) you have the right to use, and allow our use of, Your Data and your authorized Third Party Vendor accounts, including the right to appoint us as your agent to access and use your accounts and Your Data as described in these Terms, and (5) if applicable (e.g. required by the Third Party Vendor), you have provided any notices, obtained any consents and satisfied any other requirements under applicable law and any Third Party Vendor agreement, that are necessary for you and us to access and use Your Data as set forth herein.
- Your access and use of the Tech Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Tech Services, other actions that we may elect to take, or issues with Third Party Vendors. You agree that we are not liable to you or to any third party for any interruption, modification, suspension, or discontinuance of the Tech Services. We do not make any other commitments or warranties about our Tech Services or how they will perform for you other than as expressly stated in these Terms, unless required under applicable law. We do not provide any implied warranties, such as the implied warranties of non-infringement, merchantability, and fitness for a particular purpose, unless required under applicable law.
- Indemnity and Limits of Liability.
- Unless prohibited by applicable law, you agree to indemnify us and our affiliates (including the respective officers, directors, employees and agents of us and affiliates) and hold them harmless against any liabilities, damages and costs (including reasonable attorney fees and final settlement amounts) from any claims or legal proceedings (including actions by government authorities) arising out of or relating to: (i) your breach of these Terms or any agreement with a Third Party Vendor, (ii) Your Data or the content you provide us, including through the Tech Services (iii) unlawful use of the Tech Services, or (iv) your fraud, gross negligence or willful misconduct.
- To the extent permitted by applicable law, you agree that our total liability arising out of or relating to these Terms and your use of the Tech Services, in the aggregate, is limited to the lesser of (1) JPY 100,000 or (2) the fees that you paid to use the Tech Services in the 12 months before the event giving rise to the liability. You agree that we will not be responsible for your loss of profits, revenues, business opportunities, goodwill, or anticipated savings, indirect or consequential loss, or punitive damages in connection with your use of the Tech Services or these Terms. This limitation will not apply to liability due to our gross negligence, willful misconduct, or that otherwise cannot be limited or excluded by applicable law.
In the event of any inconsistency between the Japanese and English version of these Terms, the Japanese version shall prevail.
- Contracting Entity, Notices, Governing Law, and Venue. Depending on where you are domiciled, the table below outlines (a) the entity entering into this Agreement on our behalf, (b) the address to which you must direct notices pursuant to this Agreement, (c) the governing law for any dispute or lawsuit arising out of or in connection with this Agreement, and (d) the courts that have jurisdiction over any such dispute or lawsuit. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts below.