CALM Privacy Policy
EMC Healthcare Co.,Ltd. respects the privacy of its’ Users. Any personal information collected through the use of services provided will only be used to enable the provision of the service. EMC Healthcare Co.,Ltd. will abide by the privacy and data protection laws set forth by Japan to its fullest.
Any further usage of your personal information outside the regulations set forth in this Policy will be subject to your further consent and understanding.
This Privacy Policy reflects the policy of EMC Healthcare Co.,Ltd. in regards to treatment, range and manner of usage of personal information of CALM. App and Website users, and is intended to inform users of the data collection and usage practices of this Website, Software and Services.
Registration and Profile
In order to use our services, filling a registration form is required. During registration, you will be required to give contact information including, but not limited to: your e-mail address, residence, name and surname, billing credentials etc. Registration can also be executed via already existing User profiles from Linked Websites. Linked Accounts may be created, allowing you to manually set up Your Preferences as to which content from the CALM. App or Website you want to share on Linked Accounts. Note that Linked Accounts may also refer to, without limitation, authorized App purchase platforms, from which the Service may transfer information in order to complete your registration – this procedure is, of course, with compliance to every Terms of Service and Privacy Policy of the third-party agent you have expressed, implied or conclusive consent to. The CALM. App or Website will transfer and/or use your provided information solely to contact you about services on the CALM. App or Website for which you have expressed interest. Upon registering on the Service, you agree to: – provide true, accurate, current and complete information. If, after investigation, EMC Healthcare Co.,Ltd. has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, EMC Healthcare Co.,Ltd. may suspend or terminate a user’s account and prohibit any and all current or future use of the CALM. App or Website (or any portion thereof) by that user other than as expressly provided herein; – The responsibility of maintaining the confidentiality of account login and password information and for all activities occurring there under control; – Give EMC Healthcare Co.,Ltd. the right to publish any and all information provided as part of CALM. App or Website registration, to facilitate social networking among its members; – Receive a sales or service call from our employees, partners or independent contractors, notwithstanding your registration for National Do Not Call agency. This information is used primarily to get connected to our users, offering Content and Services for which they have expressly stated their interest in. Information is stored utilizing cookies, log files, clear gifs and similar techniques to create a custom profile tailored to Your preferences. Tailored promotions are also tied to Your personal information. EMC Healthcare Co.,Ltd. will not share Your personal information without Your previous consent. EMC Healthcare Co.,Ltd. is the sole owner of the information collected on CALM. App and Website. EMC Healthcare Co.,Ltd. collects personal information from its Users at several locations on it’s App and Website
Usage of Your Personal Information
Personal information collected by EMC Healthcare Co.,Ltd. is used in the following ways:
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To customize Your User Experience. This may include personalized Services, communications and other Services, which are provided by CALM. App or Website.
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Making communications regarding questions or feedback we have received.
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Provision of services where required
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Execution of contractual obligations
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Development of products and services
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Maintenance of products and services
Communication from the Website and App
CALM. App and Website will may occasionally, depending on your consent to do so, send information on products, Services, Special deals, promotions or Newsletters You have subscribed to. You may choose not to receive these types of communications by Opting Out. We may also send you service-related announcements on rare occasions if it’s necessary to do so. These communications are NOT PROMOTIONAL in nature. CALM may also utilize Third-party e-mail delivery systems to contact you and provide You information via e-mail. These companies do NOT retain, share, store or use personal information for any other purposes.
Third Party
EMC Healthcare Co.,Ltd. will not provide any personal data or user generated content to third parties without your written consent. Access to your personal information is strictly limited to employees of EMC Healthcare Co.,Ltd. and contractors who expressly abide by our Privacy policy, and are bound by Non-Disclosure agreements.
Location Services
Upon installing this App the App may prompt you a question on your consent towards sharing your location with the App. Location data is primarily used in order to connect to the CALM. Device using Bluetooth, and acquire location-related, non-disclosed data used for analytics. In order to enable Location Services, you are to give permission to use your location data. The App may request limited access to your location (only while using) or full access (even in the background). Location Services uses GPS, Bluetooth, crowd-sourced Wi-Fi hotspot, and cellular towers to determine the location of your device. Your Device may use any of these internet or location-providing agents to determine your location. Please note that your location is not used in any other way than enabling some functionalities of this App to which you expressly give consent to. We would also like to stress that, location-related, non-discloseable data is not to be related to the person utilizing this application, as all location-related data are anonymized.
Disclaimer on Law Enforcement and Inquiries of Potential Abuse
EMC Healthcare Co.,Ltd. may disclose Your personal information in the minimal range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. EMC Healthcare Co.,Ltd. may further disclose Your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, EMC Healthcare Co.,Ltd. WILL NOT disclose more information than the minimal range which is prescribed by governing law. EMC Healthcare Co.,Ltd. reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of EMC Healthcare Co.,Ltd. and it will include any steps that EMC Healthcare Co.,Ltd. finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
Account Termination Policy
In the event You engage in conduct breaching these provisions, CALM. Terms of Service or in any other way commit any other breach of this Agreement, EMC Healthcare Co.,Ltd. may take ANY of the following steps: – issue a warning; – suspension of access to online chat rooms, forums or other interaction functionalities weather temporarily or permanently, with or without further notice; – Termination of Your account, with or without previous notice; – Your access to the Website, Software, Content and Services may be temporarily or permanently blocked; – Other appropriate actions may be taken in order to prevent any further breach. You hereby comply to these terms.
Consent and Opt-Outs
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly, and as stated in the introductory clauses, all further usage of Your personal information is subject to Your FURTHER CONSENT. You therefore have the choice of denying us access or not providing us this information, either manually within the app, or on your mobile device. Please note that some aspects of the functionality of this App depends on your providing of your personal information or location. If, at any time, you would like to unsubscribe from receiving future emails, you can email us directly, or submit a request on a dedicated area of our Website or App. You may also request to unsubscribe form future e-mails by following the instructions at the bottom of each email. Upon doing so, you will be promptly removed from ALL correspondence you have been subscribed to.
Log Files, Cookies and Clear Pixels, Behavioural Tracking Mechanisms
Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilized to administer the site and to track Users’ movements across the App and Website. Cookies are small pieces of data stored locally on Your Device. Session ID cookies are used and utilized to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilized to improve navigation on our site. We do not recommend restriction of cookies, because we utilize them to improve Your user experience. Clear pixels are a part of a tracking technology, in order to track the movement of the Users within the app. In contrast to Cookies, Clear Gifs are not stored on Your device. EMC Healthcare Co.,Ltd. does not tie movement or usage data to personal information in any way whatsoever. Third party advertising services, providing you with targeted advertisements according to Your preferences, according to Your behavior and searches on the Internet. We may also utilize analytic software or algorithm in order for us to gain statistics gathered from users on our App and Website. The information advertising services or analytic software or codes collects is not, in any way, relatable to your identity, and we do not believe that it may be used to disclose your identity. Third-party behavioral tracking methods are used on our Service. Please note that any information is not relateable to any user, whether underage or of age, and we do not believe it could be used to disclose your identity.
Security. Fair Information Practices. Right to Redress
Encryption technology is utilized to safely store Your personal information. EMC Healthcare Co.,Ltd. follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but We are committed in caring for the information You share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information are kept in a secure environment. If You have any questions in regards to our Security policy, please do not hesitate to contact Us. We, as a Service, oblige ourselves to notify you via e-mail, the Website or other recognizable aspect of our App in the unlikely case of a data breach as soon as possible. You are entitled to seek redress from us in the case we do not inform you of a security breach which was within our scope of knowledge.
Jurisdiction
If any provision of this Privacy statement is, or is to be found by an appropriate authority unenforceable under applicable law, that will not affect the enforceability of any other provisions of this Privacy statement. This Privacy Policy is constructed in compliance with Japanese governing law. Any breach this Privacy Policy, as well as the Terms of Service, will be handled appropriately. This does not exclude bringing up civil and/or criminal actions against individuals or groups. Court actions will be subject to jurisdiction of appropriate courts under Japanese applicable law.
Indemnification
You hereby agree to INDEMNIFY and hold EMC Healthcare Co.,Ltd. and its Representatives harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the CALM. Website, App, Software or Services and/or Your breach of any representation, warranty or restriction contained in this Agreement.
Continuity
EMC Healthcare Co.,Ltd. RESERVES the right to transfer Your personal information, which are, once stored in EMC Healthcare Co.,Ltd. servers, in ownership of EMC Healthcare Co.,Ltd. In the event that EMC Healthcare Co.,Ltd. goes through a business transition (merger, acquisition, sale of assets etc.), Your personal information will likely be among the assets transferred. You will be notified via e-mail of any such change of ownership of Your personal information. Every older version of this Privacy Policy is superseded with the issuing of a renewed version. In case of change of our Privacy Policy, we will notify You here, by email, or by means of a notice on our home page.
GENERAL DISCLAIMER
CALM. WEBSITE, CONTENT, APP, SOFTWARE AND SERVICES ARE ALL PROVIDED “AS IS”. EMC Healthcare Co.,Ltd. DOES NOT UNILATERALLY PROVIDE ANY EXPRESS OR IMPLIED TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS. EMC Healthcare Co.,Ltd. IT’S EMPLOYEES, OFFICES, AGENTS OR OTHER REPRESENTATIVES ARE FURTHER NOT LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY: DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; BUSINESS OR PRIVATE LOSSES, INCLUDING: INCOME, SAVINGS, OR PROFIT LOSS, LOSS OF CONTRACT, LOSS OF GOODWILL, PARTNERSHIP(S) OR REPRESENTATION(S) LOSS, WARRANTY LOSS, DATA CORRUPTION, PERSONAL LOSS.THE AFOREMENTIONED LIMITATIONS APPLY EVEN IN THE CASE THAT EMC Healthcare Co.,Ltd. HAD BEEN ADVISED OF THE POTENTIAL LOSS. EMC Healthcare Co.,Ltd. DOES NOT TAKE ANY RESPONSIBILITY FOR THE UNREASONABLE BEHAVIOR OF VISITORS AND/OR THIRD PARTIES. FURTHERMORE, EMC Healthcare Co.,Ltd. DOES NOT TAKE ANY RESPONSIBILITY FOR PUBLISHING ANY CONTENT, WHICH IS NOT IN ANY WAY MEANT TO CONSTITUTE AND/OR PROVIDE ANY TYPE OF PROFESSIONAL ADVICE. EMC Healthcare Co.,Ltd. IS FURTHER NOT RESPONSIBLE IN ANY WAY, TO NO EXTENT IN THE UNLIKELY CASE OF SEVERE HOST AND/OR SERVER FAILURE OR BREACH, OR ANY OTHER VIS MAJOR, WHICH IS NOT IN SCOPE OF EMC Healthcare Co.,Ltd. ABILITY TO CONTROL. THIS DISCLAIMER CANNOT AND WILL NOT EXCLUDE ANY WARRANTY OR LIABILITY IMPLIED BY JAPANESE GOVERNING LAW, WILL NOT EXCLUDE AND/OR LIMIT ANY WARRANTY OR LIABILITY WHICH IS ILLEGAL OR UNLAWFUL TO LIMIT OR EXCLUDE IN COMPLIANCE WITH JAPANESE APPLICABLE LAW. YOU HEREBY UNDERSTAND THIS LIABILITY LIMITATION STATEMENT, AND ARE FULLY COMPLIANT WITH IT.
Other Policies
If you would like to read other terms, policies and disclaimers, please follow the link below: https://www.calm-health.com/disclaimers/
