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Terms of use
These Terms of Use (hereinafter referred to as "Agreement") are established terms of use on this website to provide service (hereinafter referred to as "Service") by Penguin System Co., Ltd. (hereinafter referred to as "Company"). Company approves the use of this system to registered users (hereinafter referred to as “User”) only if User is agreeing to whole Agreement.
Article 1 (Application)
- This Agreement shall apply to all relationships related to the use of this Service between User and Company.
- Regarding this Service, in addition to this Agreement, Company may make various provisions (hereinafter referred to as "Individual Provisions") such as rules for use. These Individual Provisions shall form part of this agreement regardless of their name.
- If the provisions of this Agreement contradict the provisions of the Individual Provisions of the preceding article, the provisions of the Individual Provisions shall prevail unless otherwise specified in the individual provisions.
Article 2 (Account registration)
- In this Service, the account registration shall be completed when the applicant for registration agrees to this Agreement, applies for account registration by the method specified by Company, and Company approves this.
- Company may not approve the application for account registration if it determines that the applicant for account registration has the following reasons, and shall not be obliged to disclose the reason.
- If User reports false information when applying for account registration
- When the application is from a person who has violated this Agreement
- In addition, when Company judges that account registration is not appropriate
Article 3 (Management of user ID and password)
- User shall manage user ID and password of this Service appropriately as User’s own responsibility.
- User shall not transfer or lend user ID and password to a third party or share it with a third party under any circumstances. If the combination of user ID and password matches the registered information and User is logged in, Company will consider it to be used by User who has registered that user ID.
- Company shall not be liable for any damages caused by the use of User ID and password by a third party, unless Company has intentional or gross negligence.
Article 4 (Usage fee and payment method)
- User shall pay the usage fee displayed on this website separately by Company as a consideration for the paid part of this Service by the method specified by Company.
Article 5 (Prohibited Matters)
User shall not do the following when using this Service.
- Acts that violate laws and regulations or public order and morals
- Acts related to criminal acts
- Acts that infringe copyrights, trademark rights and other intellectual property rights included in this Service and its contents
- Acts that damage or interfere with the functions of Company, other users, or other third party servers or networks
- Acts of using the information obtained by this Service commercially
- Acts that may interfere with the operation of Company services
- Acts of unauthorized access or attempting it
- Acts of collecting or accumulating personal information about other users
- Acts of using this service for improper purposes
- Acts that cause disadvantage, damage, or discomfort to other users of this Service or other third parties
- Acts of impersonating another User
- Acts of advertising, solicitation, or business activities on this Service that Company does not permit
- Acts aimed at meeting an unfamiliar opposite sex
- Acts that directly or indirectly benefit antisocial forces in connection with Company Services
- Other acts that Company deems inappropriate
Article 6 (Suspension of provision of this Service, etc.)
- Company may stop or suspend the provision of all or part of this Service without notifying User in advance if it is determined that there is any of the following reasons.
- When User delays the payment of the usage fee
- When performing maintenance, inspection or updating of the computer system related to this Service
- When it becomes difficult to provide this Service due to force majeure such as an earthquake, lightning strike, fire, power outage or natural disaster.
- When the computer or communication line stops due to an accident
- In addition, when Company judge that it is difficult to provide this Service
- Company shall not be liable for any disadvantage or damage suffered by User or a third party due to the suspension or interruption of the provision of this Service.
Article 7 (Usage restrictions and cancellation of registration)
- If User corresponds to any of the following, Company may restrict the use of all or part of this Service to User or cancel User’s registration without prior notice.
- If User violate any provision of this Agreement
- If there is a falsehood in the registered items has been identified
- When payables such as fees have not been fulfilled
- If there is no response to the contact from Company for a certain period
- In addition, when Company judge that the use of this Service is not appropriate
- Company shall not be liable for any damage caused to User due to the actions taken by Company based on this article.
Article 8 (Account deletion)
- User may delete the account from this Service by the account deletion procedure specified by Company. If Users account is deleted, User cannot cancel the account deletion measures for any reason.
- Upon account deletion, all data associated with the user will be deleted immediately. The deleted data includes usage rights for tickets that have already been purchased. The Company will not restore data deleted by the user's account deletion procedure. The Company will not refund tickets.
- Company shall not be liable or indemnified for the deletion of the account by User.
Article 9 (Disclaimer of Warranty and Disclaimer)
- Company does not guarantee that there no de facto or legal defects in this Service (safety, reliability, accuracy, completeness, effectiveness, suitability for a specific purpose, security defects, errors and bugs, infringement of rights, etc.), either explicitly or implicitly.
- Company does not take any responsibility for any damage caused to User due to this Service. However, if the contract between Company and User regarding this Service (including this Agreement) is a consumer contract stipulated in the consumer contract law, this disclaimer does not apply.
- Even in the case specified in the proviso of the preceding paragraph, Company does not take any responsibility for damages caused by special circumstances (including the case where Company or User foresaw or could foresee the occurrence of damage) among the damages caused to User due to default or illegal acts due to Company's negligence (excluding gross negligence). In addition, compensation for damages caused to User due to default or illegal acts due to Company's negligence (excluding gross negligence) shall be limited to the amount of usage fee received from User in the month in which the damage occurred.
- Company shall not be liable for any transactions, communications or disputes that occur between User and other users or third parties regarding this Service.
Article 10 (Changes in Service content, etc.)
Company may change the contents of this Service or discontinue the provision of this Service without notifying User, and shall not be liable for any damage caused to User.
Article 11 (Change of Terms of use)
Company may change this Agreement at any time without notifying User if it deems it necessary. If User starts using this Service after the change of this Agreement, User will be deemed to have agreed to the changed Agreement.
Article 12 (Handling of personal information)
Company handles personal information acquired by this Service appropriately in accordance with Company’s "Privacy Policy".
Article 13 (Notification or Contact)
Notification or communication between User and Company shall be made by the method specified by Company. Company considers that the currently registered contact is valid, unless User notifies the change according to the method separately determined by Company. When User is notified or contacted by the contact information at the time of transmission, it is considered that User has been reached.
Article 14 (Prohibition of transfer of rights and obligations)
User may not transfer the status under the terms of use, the rights or obligations based on this Agreement to a third party or provide it as collateral without the prior written consent of Company.
Article 15 (Cookies)
- Scope of application
- Agreement
- Disabling cookies
- What are cookies?
- What are the types of cookies used on this website?
- About applying cookie policy to external websites
- Changes to cookies policy
This content applies to Penguin System Co., Ltd. and the c01.emersim.jp website.
By using this website (https://c01.emersim.jp), User consent to the use of cookies in accordance with this cookie policy. The first time User visit this website, User will see a pop-up to this effect. This pop-up usually does not appear on subsequent visits, but User can withdraw User’s consent at any time by following the steps below.
If User do not agree to the use of cookies, follow these steps to disable cookies in User’s browser. Note that some services may not function properly if cookies are disabled.
If the organization that sets the cookie provides an automatic cookie disabling tool, Company will list the name of the organization, the cookie category that is set, and a link to the automatic cookie invalidation tool. Otherwise, if requested by User, the name and source of the cookies are listed in this cookie policy, as of the date of it, so that User can control User’s browser to easily identify and disable the cookies.
If User does not wish tracking User’s internet browsing history, depending on User’s browser, User can specify it. Note that disabling the tracking feature may interfere with the use of this website and some of Services provided on this website.
Company may change the cookies it uses after User visits this website for the first time. This cookie policy informs User of the cookie setter and the purpose of the setting, and also provides a means to disable the cookies, so check it regularly.
Cookies are a text file that contains a small amount of data that is downloaded to User’s device when User visits website. Cookies are sent back to the source domain when User visits the same domain. Most web pages contain elements from multiple web domains, so when User visits this website, User’s browser may receive cookies from multiple sources.
This website uses cookies called session cookies. Session cookies are temporary cookies that are recorded on User’s device only while User is browsing this website.
PHPSESSID
Cookies classification: Session cookies (Company’s cookies)
Period: 60 minutes
Purpose: To maintain the usage status of the website.
__stripe_mid, __stripe_sid
Cookies classification: Session cookies (external website cookies)
Period: __stripe_mid: 1 year, __stripe_sid: 30 minutes
Purpose: To retain the ID and session ID required by the Stripe website.
cookieconsent_status
Cookie classification: Session cookies (external website cookies)
Period: 1 year
Purpose: Cookieconsent website maintaining the required cookie permission status.
This cookie policy does not apply to the privacy policy of external websites linked to this website, and we are not responsible for the privacy policy of external sites.
Company may change this cookie policy, so read the policy regularly to check cookie usage. This cookie policy was last updated on January 28, 2021.
Article 16 (Governing law / jurisdiction)
- In interpreting this Agreement, Japanese law shall be the governing law.
- If a dispute arises regarding this Service, the court having jurisdiction over the location of Company head office shall be the exclusive agreement jurisdiction.
Penguin System Privacy Policy
Penguin System Co., LTD (hereafter: Penguin System or We) respects your privacy. This Privacy Policy informs you about our privacy practices including details of the personal data we collect, use and transfer. Penguin System considers a careful handling of personal data of great importance. Personal data is therefore carefully processed and secured by us. In our processing we comply with the requirements set by the major privacy legislation, including EU General Data Protection Regulation (hereafter: GDPR).
Use of personal data
When you visit our website, create an account, fill in the contact page, or via other functions
of our website, you leave certain personal information with us. You may also have provided
data to us by e-mail or telephone.
We may process the following data:
Name,
Login ID,
Telephone number,
E-mail address,
Other contact details,
Other information that you provide to us.
We use this data for the following purposes:
Providing access to our websites,
Using functionalities on our website,
Offering our services,
Recording telephone contact,
Obtaining insight into the use of our website,
Improving and evaluating our website and services.
Our privacy practices are aligned with the requirements of GDPR. We are a Data Controller
of your information. The legal basis for this processing is consent or our legitimate interests,
namely the proper administration of our website and business.
We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The
transaction data may include your contact details, your card details, and the transaction details.
The transaction data may be processed for the purpose of supplying the purchased goods and
services and keeping proper records of those transactions. The legal basis for this processing
is consent.
We may process data about your use of our website and services ("usage data"). The usage
data may include your IP address, geographical location, browser type and version, operating
system, referral source, length of visit, page views and website navigation paths, as well as
information about the timing, frequency and pattern of your service use. The source of the
usage data is our analytics tracking system. This usage data may be processed for the purposes
of analyzing the use of the website and services. The usage data is not linked to any
information that is personally identifiable. The legal basis for this processing is our legitimate
interests, namely monitoring and improving our website and services.
Security of personal data
We take appropriate technical and organizational security measures to limit abuse of, and unauthorized access to, your personal data. For example, we use strict safety procedures and access control.
Storage period
We do not store the data for longer than is necessary to achieve the objectives stated in this privacy policy. We use the statutory retention period of 7 years after the end of customer relationship, depending on the data and documents.
Confidentiality & provision to third parties
We deal confidentially with your personal data. We do not provide the personal data we collect via our website to third parties for direct marketing purposes of these parties. Financial transactions relating to our website and services are handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices on their websites.
Third party websites
The privacy policy does not apply to websites of third parties that are connected to our website by means of links. We cannot guarantee that these websites handle your personal data in a reliable or secure manner. We advise you to read the privacy policy of the websites of third parties before you visit these websites, or if you enter personal data there, for more information about the way in which they deal with your data.
Cookies
Session cookies are used on the Penguin System website. A session cookie will expire at the end of the user session, when the web browser is closed. These cookies are used to store information including the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content. You can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies. If you clear or block cookies, you will not be able to use all the features on our website.
Cookies used by our service providers
Our service providers use cookies, and those cookies may be stored on your computer when you visit our website
Your rights with respect to your personal data
When you have provided us with personal data, you have the following data protection rights:
The right to access,
The right to rectification,
The right to erasure,
The right to restrict processing,
The right to object to processing,
The right to data portability,
The right to withdraw consent.
You can submit this request by contacting us via our contact page. To prevent abuse, we can
ask you to adequately identify you.
International transfers of your personal data
We have offices and facilities in Japan. The European Commission has made an "adequacy decision" with respect to the data protection laws of Japan.
Changes to this privacy policy
Penguin System may change this privacy policy from time to time. Changes will be published on this website. It is therefore advisable to consult this privacy policy regularly, so that you are aware of these changes.
Contact details
If you wish to contact Penguin System as a result of this privacy policy, this can be done
through the contact details below.
By telephone: +31 085 06 04 783
By post: Werkmansbeemd 8F, 4907 EW Oosterhout, Netherlands
By e-mail: emersim@2renterprises.com
Authority Personal Data
Of course, Penguin System will gladly help you if you have complaints about the processing
of your personal data. If, despite this, you do not come together with Penguin System, you
also have the right to file a complaint with a supervisory authority in the country where you
live, or work, or where you consider that data protection rules have been breached