Privacy Policy

 

1. Definition of Personal Data

Makuake, Inc. (“Makuake”) recognizes that personal data is any information about a living individual relating to an identified or identifiable natural person prescribed under the Data Protection Act 2018 and UK General Data Protection Regulation; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

2. Category of Personal Data and Purposes and Legal Basis for Processing

Makuake collects and processes the following personal data in the context of our services based on your consent to this Policy; your name, address, date of birth, gender, e-mail address, telephone number, credit card information, user ID, user name, return ID, return title, return details, purchase history, cookies, IP address information and browsing history. Other than justified by the consent, Makuake may process your personal data time to time in order to conduct our business, pursue our legitimate interests, and fulfil obligations under a contract or take steps linked to a contract executed between you and us.

 

3. Proper Acquisition of Personal data

Makuake acquires personal data in a proper manner and does not acquire personal data through deception or any other wrongful means. In addition, Makuake is also mindful to avoid collecting information of a personal nature from any child under [15] years old unless Makuake has good reason to do so and the consent of a person who has parental authority.

 

4. Specification of Purpose of Utilization of Personal Data

Makuake utilizes personal data for the following purposes:

  • to provide our services and enable the users’ efficient use of our services;
  • to process details regarding the users’ use of our services;
  • to process and administer the users’ personal account and registrations of our services;
  • to provide various services correspondence to the users;
  • to process details of personal data that the users voluntarily provide on the services;
  • to perform, monitor and enforce contracts concluded between the users and us;
  • to conduct research, analysis, develop our services;
  • to provide notification of information related to the service and our other products; and
  • to serve advertisements to the users on our website and applications based on the use of the services and/or on third-party websites and applications.

Makuake does not handle your personal data beyond the scope necessary for achieving the purpose of utilization.

 

5. Changes to Purpose of Utilization of Personal Data

Makuake will not change the purpose of utilization of your personal data without your consent beyond a scope in which it is reasonably considered that the purpose of utilization after the change remains compatible with that before the change and will notify you of or publicly announce any change to the purpose of utilization.

 

6. Secure Management of Personal Data and Supervision of Employees

Makuake provides personal data protection regulations to prevent leakage of, loss of, or damage to personal data and to otherwise securely manage personal data and carries out necessary and appropriate supervision of its employees.

 

7. Supervision of Delegated Parties

If Makuake completely or partially delegates handling of personal data, then Makuake will enter into an agreement with the delegated party that includes provisions concerning confidentiality or will request that delegated party’s agreement with stipulations made by Makuake and will carry out necessary and appropriate supervision to ensure that the delegated party carries out secure management of the personal data.

 

8. Recipients of Personal Data

Makuake may disclose your personal data to the following recipients: 

  • Lingble Pte. Ltd
  • Digital marketing agencies
  • CRM service providers
  • Shipping companies
  • Cloud vendors

 

9. Source of Personal Data

Makuake obtains your personal data from you in our relationship with you, including, but not limited to, when you (i) make your personal account of our service, (ii) access or use our service, and (iii) communicate with us for inquiry about our service. 

 

10. Transfer to Recipients in Third Countries

In order to provide our services, Makuake needs to transfer your personal data to countries outside of the UK, including Japan and Singapore. In case such countries are not recognized by the data protection authority in the UK (Information Commissioner’s Office) as providing an adequate level of data protection, Makuake only transfers personal data to these countries when Makuake has been able to implement suitable safeguards that assure the protection of your personal data. For further information about such safeguards, including the way to obtain a copy of the documents used to protect your personal data, please contact us in the manner set forth in Article 15 of this Policy.

 

11. Storage Period

Makuake stores your personal data for as long as needed in light of the purposes described when Makuake obtains your personal data. The criteria used to determine our storage periods include: (i) the length of time Makuake has an ongoing relationship with you; (ii) whether there is any legal obligation to which Makuake is subject; and (iii) whether there is a need in order to perform a contract to which you are party.

 

12. Your Rights

You have the right to ask Makuake: for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provided to us for a contract or with your consent in a structured, machine readable format (i.e. the right of data portability). In addition, you can object to the processing of your personal data under certain conditions (for further information, see the section below entitled “Your right to object to processing”).
These rights may be limited, such as if the fulfilment of your request would reveal personal data about another person, where it would infringe upon the rights of a third party (including our rights) or if you ask us to delete information which Makuake is required by law to keep or have compelling legitimate interests in keeping.
To exercise any of these rights, please contact us in the manner set forth in Article 15 of this Policy.

 

13. Your Right to Object to Processing

You have the right to object at any time to the processing of your personal data which is based on our legitimate interests, including “profiling” (i.e. analyzing or predicting your behavior based on your information). When Makuake processes your personal data for direct marketing purposes, you have an absolute right to opt out of direct marketing or the profiling Makuake carries out for direct marketing. To exercise any of these rights, please contact us in the manner set forth in Article 15 of this Policy.

 

14. Withdrawing Consent

Wherever Makuake relies on your consent to process your personal data, you have the right to withdraw that consent at any time. Such withdrawal does not affect the lawfulness of any processing performed pursuant to the consent given prior to the withdrawal. To exercise this right, please contact us in the manner set forth in Article 15 of this Policy.

 

15. Inquiries

Please use the following contact details to make any inquiry regarding Makuake’s Privacy Policy:

[Privacy Policy Manager, Management Headquarters
Makuake, Inc.
Daiwa Shibuya Miyamasuzaka Bldg. 10F, 2-16-1 Shibuya, Shibuya-ku, Tokyo 150-0002
Inquiries regarding Privacy Policy You can reach our team by mail to
support@makuake.co.jp]

 

Processing of Personal Data of California Residents

 

The following supplementary provisions of the Privacy Policy shall also apply to the processing of personal data (any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household; the same shall apply to these supplementary provisions hereinafter) of U.S. California residents in accordance with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA; collectively, the “California Privacy Laws”).

 

1. Information Collected by the Makuake

Makuake have collected in the last twelve (12) months and will continue to collect personal data described in “Section 2. Category of Personal Data and Purposes and Legal Basis for Processing” for the purposes stated in “Section 4. Specification of Purpose of Utilization of Personal Data.

 

2. Disclosure of Personal data

Makuake may disclose your personal data (including sensitive personal data; the same shall apply to these supplementary provisions hereinafter) to third parties for business or commercial purposes. When disclosing personal data to a service provider or contractor for such purpose, Makuake execute an agreement that indicates such purposes and requires that the service providers or contractors keep such personal data confidential and not use personal data for any purpose except performing such agreement.

We have shared or disclosed personal data to the following categories of third parties for business or commercial purposes during the last twelve (12) months:

  • Lingble Pte. Ltd
  • Digital marketing agencies
  • CRM service providers
  • Shipping companies
  • Cloud vendors

 

3. Sale or Sharing of Personal data

We have not sold or shared any personal data in the preceding twelve (12) months.

 

4. Your Rights and Choices Under the California Privacy Laws

The California Privacy Laws grant rights regarding personal data to consumers who are residents of California. The following describes your rights and how to exercise those rights under the California Privacy Laws.

 

(1) Right to Access Specific Information

You have the right to request that Makuake discloses certain information to you in relation to the collection, sharing, disclosure, or use of your personal data by Makuake over the twelve (12) months preceding the date of your request. Upon receipt and confirmation of your verifiable consumer request, Makuake will disclose to you any or all of the following information:

  • The categories of your personal data that Makuake has collected;
  • The categories of sources of your personal data from which Makuake has collected;
  • The business or commercial purpose of Makuake for the collection, sale, or sharing of such personal data;
  • The categories of third parties Makuake discloses, sells, or shares such personal data;
  • The categories of your personal data that Makuake has disclosed, sold, or shared to each; and
  • The specific pieces of your personal data that Makuake has collected.

 

(2) Right to Request Deletion

You have the right to request that Makuake deletes any of your personal data that Makuake has collected from you and retained, subject to certain exceptions. Upon receiving your verifiable consumer request, Makuake will delete your personal data from our records and will notify any service providers and contractors, as well as third parties to which Makuake has sold or with which Makuake has shared personal data, that they must delete such personal data from their records, unless an exception applies.

Makuake may deny your request to delete your personal data if it is necessary for Makuake or the Makuake’s service providers or contractors to retain your personal data in order to:

  • Complete the transaction for which Makuake collected the personal data, fulfill requirements for a product recall conducted in accordance with a written warranty or federal law, provide a good or service that you requested, enable you to take measures reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform an agreement between Makuake and you;
  • Provide support to ensure the security and integrity of your personal data to the extent reasonably and proportionally necessary for the purpose of use;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of other persons to exercise their free speech rights, or exercise other rights provided by law;
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres or adapts to all other applicable ethics and privacy laws, where Makuake’s deletion of such information may render impossible or seriously impair the ability to compete such research, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with Makuake and compatible with the context in which you provided the information; or
  • Comply with legal obligations.

 

(3) Right to Request Correction of Inaccurate Personal data

You have the right to request that Makuake corrects any inaccuracies in your personal data that Makuake retains in view of the nature of the personal data and the purpose of processing the personal data. Upon receipt and confirmation of your verifiable consumer request, Makuake will use commercially reasonable efforts to correct inaccurate personal data as you instruct in accordance with laws and regulations.

 

(4) Right to Opt-Out

Makuake has not and will not sell or share any personal data collected from you.

 

(5) Right to Request Restriction of Use

Makuake will not use or disclose sensitive personal data collected from you for purposes other than the following:

  • To provide products and services that are reasonably expected by average consumers;
  • To provide support for ensuring security and integrity;
  • For short-term temporary use (except for any use involving profiling or modification to future consumer experiences);
  • To provide services on behalf of Makuake; and
  • To maintain or improve the quality and safety of Makuake’s services and devices.

 

(6) Right of Non-Discrimination

Makuake shall not discriminate against California residents for exercising any of their rights under the California Privacy Laws. Moreover, unless permitted by the California Privacy Laws, Makuake will not engage in any of the following acts:

  • Deny goods or services to you;
  • Charge you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • Provide you with a different level or quality of goods or services; or
  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

(7) Exercising Your Rights to Access, Delete, and Correct

To exercise your rights to access, delete, and correct described above, please submit a verifiable consumer request to Makuake by contacting us via the information in “Contact Channel for Inquiries and Complaints.”

Only you, a natural person authorized by you, a person registered with the California Secretary of State, a person entrusted by you, or your conservator may submit a verifiable consumer request related to your personal data. You may also make a verifiable consumer request on behalf of your minor child.

A “verifiable consumer request” must:

  • Provide sufficient information that allows Makuake to reasonably verify that you are the person whose personal data Makuake has collected or an authorized representative thereof; and
  • Describe your request with sufficient detail that allows Makuake to properly understand, evaluate, and respond thereto.

 

5. Inquiries

Please make contact at the following for inquiries or complaints about the processing of your personal data:

Contact Channel: [support@makuake.co.jp]