ax3 Privacy Policy

1. What information do we collect?

a. Collection of Personal Data

Online Activity.

Depending on the Service used, we may collect information related to:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Payment Data.

All payment data is stored by Stripe. You may find their privacy notice link here: https://stripe.com/en-jp/privacy.

Personal information you disclose to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

b. Use of Personal Data

Improving and Developing our Services.

We use analytics on our Sites to help us understand your use of our Sites and Services and diagnose technical issues. Please review our Cookie Policy to learn more about how you can control our use of cookies and third party analytics. We also collect and process Personal Data throughout our various Services to improve our Services, develop new Services, and support our efforts to make our Services more relevant and useful to you.

Communications.

We use the contact information we have about you to deliver our Services, which may involve sending codes via SMS for your authentication. We may communicate with you using the contact information we have about you to provide information about our Services and our affiliates’ services, invite you to participate in our events, surveys, or user research, or otherwise communicate with you for marketing purposes, in compliance with applicable law, including any consent or opt-out requirements. For example, when you provide your contact information to us or when we collect your business contact details through participation at trade shows or other events, we may use this data to follow up with you regarding an event, provide information requested about our Services, and include you in our marketing information campaigns. Where permitted under applicable law, we may record our calls with you to provide our Services, comply with our legal obligations, perform research and quality assurance, as well as for training purposes.

Google Analytics. We may share your information with Google Analytics to track and analyze the use of the Services. The Google Analytics Advertising Features that we may use include: Google Analytics Demographics and Interests Reporting. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page.

Cookies.

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Notice: ax3.io/cookie-policy/.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Minors.

Our Services are not directed to children under the age of 18, and we request that they do not provide Personal Data to seek Services directly from ax3. In certain countries, we may impose higher age limits as required by applicable law.

c. Sharing of Personal Data

Besides the sharing of Personal Data described above, we share Personal Data in the ways listed below:

We share Personal Data with other ax3-affiliated entities for purposes identified in this Policy.

Service Providers or Processors.

In order to provide, communicate, market, and advertise our Services, we depend on service providers. These providers offer critical services spanning from providing cloud infrastructure, conducting analytics for the assessment of speed, accuracy, and/or security of our Services, verifying identities, to providing customer service and audit functions. We authorize these service providers to use or disclose the Personal Data we make available to them to perform services on our behalf and comply with relevant legal obligations. We mandate these service providers to contractually commit to ensuring the security and confidentiality of the Personal Data they process on our behalf. The majority of our service providers are based in Japan and the United States of America.

Corporate Transactions.

If we enter or intend to enter a transaction that modifies the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or part of our business, assets, or stock, we may share Personal Data with third parties in connection with such transaction. Any other entity that buys us or part of our business will have the right to continue to use your Personal Data, but subject to the terms of this Policy.

Compliance and Harm Prevention.

We share Personal Data when we believe it is necessary to comply with applicable law; enforce our contractual rights; secure and protect the Services, rights, privacy, safety, and property of Manzanita K.K., you, and others, including against malicious or fraudulent activity; and to respond to valid legal requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

2. Legal Bases for processing Personal Data

For purposes of the General Data Protection Regulation and other applicable data protection laws, we rely on a number of legal bases to process your Personal Data.

a. Legitimate Interests

Where allowed under applicable law, we rely on our legitimate business interests to process your Personal Data. The following list provides an example of the business purposes for which we have a legitimate interest in processing your data:

• Response to inquiries, delivery of Service notices, and provision of customer support;
• Promotion, analysis, modification, and improvement of our Services, systems, and tools, as well as the development of new products and services, including enhancing the reliability of the Services;
• Management, operation, and improvement of the performance of our Sites and Services, through understanding their effectiveness and optimizing our digital assets;
• Analysis and advertisement of our Services, and related improvements;
• Aggregate analysis and development of business intelligence that enable us to operate, protect, make informed decisions about, and report on the performance of our business;
• Sharing of Personal Data with third party service providers that offer services on our behalf and business partners that help us in operating and improving our business.

b. Consent

We may rely on consent or explicit consent to collect and process Personal Data regarding our interactions with you and the provision of our Services. When we process your Personal Data based on your consent, you have the right to withdraw your consent at any time, and such a withdrawal will not impact the legality of processing performed based on the consent prior to its withdrawal.

3. Your rights and choices

Depending on your location and subject to applicable law, you may have choices regarding our collection, use, and disclosure of your Personal Data:

a. Opting out of receiving electronic communications from us

If you wish to stop receiving marketing-related emails from us, you can opt-out by sending an email to [email protected]. We'll try to process your request(s) as quickly as reasonably practicable. However, it's important to note that even if you opt out of receiving marketing-related emails from us, we retain the right to communicate with you about the Services you receive (like support and important legal notices).

b. Your data protection rights

Depending on your location and subject to applicable law, you may have the following rights regarding the Personal Data we control about you:

• The right to request confirmation of whether ax3 is processing Personal Data associated with you, and if so, request access to that Personal Data;
• The right to request that Manzanita rectify or update your Personal Data if it's inaccurate, incomplete, or outdated;
• The right to request that Manzanita erase your Personal Data in certain circumstances as provided by law;
• The right to request that Manzanita restrict the use of your Personal Data in certain circumstances, such as while ax3 is considering another request you've submitted (for instance, a request that Manzanita update your Personal Data);
• The right to request that we export the Personal Data we hold about you to another company, provided it's technically feasible;
• The right to withdraw your consent if your Personal Data is being processed based on your previous consent;
• The right to object to the processing of your Personal Data if we are processing your data based on our legitimate interests; unless there are compelling legitimate grounds or the processing is necessary for legal reasons, we will cease processing your Personal Data upon receiving your objection;
• The right not to be discriminated against for exercising these rights;
• The right to appeal any decision by Manzanita relating to these rights by contacting Manzanita’s Data Protection Officer (“DPO”) at [email protected].

You may have additional rights, depending on applicable law, over your Personal Data.

c. Process for exercising your data protection rights

To exercise your data protection rights, contact us as at [email protected].

4. Security and Retention

We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of your Personal Data. We maintain organizational, technical, and administrative measures designed to protect the Personal Data covered by this Policy from unauthorized access, destruction, loss, alteration, or misuse. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.

We encourage you to assist us in protecting your Personal Data. If you hold a ax3 account, you can do so by using a strong password, safeguarding your password against unauthorized use, and avoiding using identical login credentials you use for other services or accounts for your ax3 account. If you suspect that your interaction with us is no longer secure (for instance, you believe that your ax3 account's security has been compromised), please contact us immediately.

We retain your Personal Data for as long as we continue to provide the Services to you, or for a period in which we reasonably foresee continuing to provide the Services. Even after we stop providing Services directly to you, and even after you close your ax3 account, we may continue to retain your Personal Data to:

• Comply with our legal and regulatory obligations;
• Comply with our tax, accounting, and financial reporting obligations, including when such retention is required (and where data retention is mandated by the payment methods you've used).

In cases where we keep your Personal Data, we do so in accordance with any limitation periods and record retention obligations imposed by applicable law.

5. Updates and Notifications

We may change this Policy from time to time to reflect new services, changes in our privacy practices or relevant laws. The “Last updated” legend at the top of this Policy indicates when this Policy was last revised. Any changes are effective the latter of when we post the revised Policy on the Services or otherwise provide notice of the update as required by law.

We may provide you with disclosures and alerts regarding the Policy or Personal Data collected by posting them on our website and, by contacting you through your ax3 Dashboard, email address and/or the physical address listed in your ax3 account.

6. Jurisdiction-specific provisions

• Japan. In this Policy, “applicable law” includes the Act on the Protection of Personal Information (APPI). When we transfer Personal Data of data subjects in Japan to jurisdictions not recognized as ‘adequate’ by the Personal Information Protection Commission, we enter into written agreements with any third parties located outside of Japan. These written agreements provide rights and obligations equivalent to those provided under the Japanese Act on the Protection of Personal Information.

7. Contact us

If you have any questions or complaints about this Policy, please contact us.

Japan Manzanita K.K.
108-0073
Tokyo, Minato-ku
Mita 2-10-6
Reoma Bldg. 7F