Terms of Service for Data Acquisition and Provision on the Sapporo City Center Data Platform

These Terms of Service (“Terms”) describe the terms and conditions for using services on the Sapporo City Center Data Platform and its App, Satsu-chika, (collectively “Service”) provided by the Sapporo City Center Data Platform Utilization Consortium (“Consortium”). The User must consent to all of these Terms and register before using this Service.

1. This Service allows the User who has registered with this Service after providing consent to receive all or part of the desired Associated Services (as defined in Item 4, Article 2 below; hereinafter the same shall apply in this article) via Account Connections (as defined in Item 1, Article 2 below; hereinafter the same shall apply in this article).
2. If the User is a minor, a statutory agent, such as the person who has parental authority, shall provide consent to use this Service.
3. The User may choose the services he/she wishes to allow access to his/her account via this Service and submit his/her personal information for the use of those services via this Service. This allows the User to easily register with the said services. Some of those Associated Services allow the User to log in directly using the ID and password for this Service.
4. The User may check the status of connections with Associated Services via this Service.
5. Updates of information registered with this Service by the User will be notified to the Associated Services connected to the User account. Since the timing of information updates differs for each service, the User should check the update if necessary.
6. After using the Associated Services connected to the User account, the User may receive useful information tailored to personal preferences based on the information on his/her usage of those services and his/her other information. The User also receives safety information, such as disaster management support information, to ensure the User’s safety and comfort in central Sapporo.
7. Any account that remains inactive for over three consecutive years after the last login may be suspended and/or deleted, with the User having been deemed to have withdrawn from the Consortium.

For the purposes of these Terms, the following terms have the following meanings, respectively, unless otherwise specified:

1. “Account Connections” means that the User shares his/her personal information and unique ID (as provided in Item 7 below) to use the Associated Services via this Service.
2. “Removal of Account Connections” means that the User removes connections with the Associated Services. After such removal, the Associated Services will not have access to the User account (e.g., the User’s information and unique ID).
3. “User” means an individual who has registered the required information to use this Service.
4. “Associated Services” means services that can gain access to the User account for this Service.
5. “Service Content” means text, audio content, music, graphics, video, programs, and other information accessible via this Service.
6. “Intellectual Property Rights” means copyrights, patent rights, utility model rights, trademark rights, design rights and all other similar rights, including the rights to acquire the foregoing or to apply for registration related to the foregoing.
7. “Unique ID” means a character string randomly issued to identify each User.

1. Applicability of these Terms

   These Terms apply to all relationships between the User and the Consortium related to the use of this Service. The User is advised to use this Service in accordance with the terms and conditions herein.

2. Applicability of documents that constitute part of these Terms

   The User shall comply with all documents, separate from these Terms, that are posted online or distributed to the User by the Consortium under the titles of guidelines, policies, rules and the like in relation to this Service as such documents shall be deemed part of these Terms. If there are contradictions between such documents and these Terms, the documents with the latest date and time of update shall prevail.

3. Changes of these Terms

   The Consortium may change these Terms if necessary. If changes are made to these Terms, the Consortium shall notify the User of the changes in advance. If the User does not agree with the notified changes, the User shall delete the account permanently without using this Service. A User who fails to take the necessary step within thirty (30) days of receiving the notice or who uses this Service after receiving the notice is deemed to have agreed to those changes.

1. User registration

   To use this Service, the User shall consent to the terms and conditions herein and provide certain information by the method specified by the Consortium (“Registered Information” including all subsequent changes). The Consortium shall then issue a Unique ID after examining the details of each application for this Service.

2. Corrections of Registered Information

   The User shall keep Registered Information accurate and up to date by correcting any errors and making changes if necessary by the method specified by the Consortium. The User shall be responsible for all disadvantages that may result from failure to take such steps.

3. Management of email address, password, etc

   The User shall be responsible to maintain in strict confidentiality the email address, password, and so forth that have been registered with this Service (“Email Address and Password”) to prevent unauthorized use of the account. If it is found that the Email Address and Password were used or stolen by a third party, the User shall promptly notify the fact to the Consortium and follow the instructions of the same. The Consortium may deem any act performed using the Email Address and Password to be an act of the concerned User.

4. Prohibition of transfer of Unique ID

   The Unique ID shall not be transferred, lent, traded, sold, inherited or in any other way transferred to any third party.

5. Permanent deletion of the User account

   The User may permanently delete his/her account at any time by the method specified by the Consortium. All personally identifiable information relating to the User will be deleted at the time of the deletion.

   After deletion of the account, some or all functions of the App may continue to be used while the App remains installed on a PC, smartphone and/or other device and/or be included in software, communication lines and/or other communication environments (“Device”). Even in such a case, personally identifiable information will not be collected, and the use of such functions will thereby be restricted.

   In addition to the above stipulations, if a User requests the Consortium to delete Registered Information allowing identification, the Consortium shall immediately notify the request to the Associated Services with which it has separately concluded contracts, and request the deletion of that information. Deletion of Registered Information allowing identification may result in restricted functionality.

6. Suspension/deletion of the User account by the Consortium

   If a User falls under any of the following categories, the Consortium may temporarily suspend or delete his/her account without prior notice:

   1. In case the Consortium determines that the User has violated these Terms (including related guidelines and other documents)
   2. In case all or part of the Registered Information is false or factually inaccurate
   3. In case the User has disrupted public order and morals or offended third parties when using this Service
   4. In case the User suspends payment for all or part of this Service or Associated Services, or otherwise becomes insolvent
   5. In case the Consortium determines that the User falls under the category of anti-social forces (i.e., an organized crime group, an organized crime group member, a quasi-organized crime group member, a corporate extortionist, a rogue person or group proclaiming itself as a social activist, an organized special intellectual crime group, or any other person considered to be equivalent to any of the foregoing), or that the User is engaged in any kind of social exchange or involvement with anti-social forces, such as the provision of funds or cooperation with or involvement in the maintenance, operation or management of anti-social forces
   6. In case the User has ever been subject to the provisions of this paragraph
   7. In any other case deemed inappropriate by the Consortium
7. Impact of User account deletion

   Regardless of the reason, a User will no longer be able to use this Service and the Associated Services connected to his/her account if the account has been deleted. The account cannot be recovered, even if a User has accidentally deleted it. A User who wishes to use this Service again is required to register again. The User will be responsible for all disadvantages that may result from the deletion of his/her account unless the Consortium takes special measures.

1. User information

   The Consortium shall handle Registered Information and History Information (as provided in Paragraph 3 below) in accordance with these Terms (including related guidelines and documents) and relevant laws (including guidelines for economic and industrial areas concerning the Act on the Protection of Personal Information).

2. Registered Information

   To use this Service, the User must provide the following information (referred to here as “Registered Information”):

   1. Password
   2. Email address
   3. Gender
   4. Date of birth
   5. Language

   The User is also requested to provide the following information on a voluntary basis:

   1. Name
   2. Address
   3. Country (Region)
   4. Matters of interest
   5. Other information the User wishes to enter into the form specified by the Consortium
3. History Information

   The Consortium may collect the following information (collectively “History Information”) when providing this Service:

   1. Login history
   2. Information on the usage of this Service (e.g., browsing history, location information when this Service is used)
   3. Information on the usage of Associated Services (location information collected by beacons installed by the Consortium)
   4. Information on the history of Account Connections with Associated Services
4. Purposes of the use of information

   Registered Information and History Information are used for the following purposes:

   1. To provide, maintain and improve this Service
   2. To use App Status Information

      To improve the stability of Satsu-chika App, the Consortium may collect information about its start-up, crashing, restoration and other events (“App Status Information”) from the User. The Consortium shall not use obtained App Status Information for other reasons than to analyze the information and improve the App, nor shall it disclose the information to any third parties in a personally identifiable manner. The Consortium will send App Status Information to Firebase, cloud services offered by Google LLC in the United States, only to achieve these purposes. For more information on the type of the information to be collected and the purpose of utilization of the collected information, see the privacy statement of the company offering the information collection module (https://policies.google.com/privacy).

   3. To provide information on this Service and respond to inquiries
   4. To offer disaster management support and otherwise ensure safety and comfort in central Sapporo
   5. To authenticate the User
   6. To contact the User for such purposes as sending notifications and replying to User inquiries
   7. To respond to acts that violate these Terms or other rules of the Consortium
   8. To help the User register with Associated Services
   9. To authenticate the User for Associated Services
   10. To process data into a personally unidentifiable, anonymous form and use that information

       The Consortium will provide such personally unidentifiable information to the Sapporo City Government for the purpose of city center development.

   11. To process data into a personally unidentifiable, statistical form and use the data
   12. To achieve purposes incidental to the aforementioned ones
5. Exception to personal information

   Only the Consortium shall have the right to the Registered Information and History Information that was collected from the User and processed into personally unidentifiable form. The User shall not claim any rights to that information.

1. The Consortium may provide Registered Information and History Information to third parties (including individuals or corporations with head offices or principal offices in Japan and parties with head offices or principal offices outside Japan (including corporations or equivalent organizations)) in the following cases. The User (including individuals with registered domiciles outside Japan) shall use this Service with prior consent to allow the Consortium to provide the User’s information to third parties. Before providing consent, Users with registered domiciles outside Japan and those using this Service on devices provided by parties outside Japan should be fully aware that User Information may be transferred to countries outside Japan in association with this Article’s specifications regarding the handling of information.
   1. In case the User consents to connection of his/her account to Associated Services (The User’s Registered Information will be provided to the Associated Services connected to his/her account via the Application Programming Interface (API) offered by the Consortium. The location information in the History Information will be provided by Associated Services to the Consortium via the API.)
   2. In case the User has agreed to provide the information to third parties
   3. In case the Consortium entrusts the handling of all or part of the User information within the range necessary to achieve the purpose of its utilization

      If all or part of the handling of the User’s information is entrusted to other parties within the range necessary to achieve the purpose of its utilization, the Consortium shall conclude a non-disclosure agreement with such entrusted parties.

2. The Consortium may provide Registered Information and History Information to third parties without the prior consent of the User in any of the following cases:
   1. In case the disclosure of the information is necessary to protect a person’s life, body or property, but it is difficult to obtain the consent of the User
   2. In case the disclosure of the information is particularly necessary to improve public hygiene or promote the healthy growth of children, but it is difficult to obtain the consent of the User
   3. In case the Consortium obtains approval from the City of Sapporo to transfer some or all of its business to third parties
   4. In case the User needs to cooperate with a state organ, local government, or person entrusted by either of the foregoing to perform the affairs prescribed by law, and obtaining the consent of the User is likely to impede the performance of the said affairs
   5. In any other case in which disclosure of the information is permitted according to the Act on the Protection of Personal Information or other laws

1. Account Connections

   The following types of connections are configured when the User account is connected with Associated Services based on his/her consent:

   1. Sharing of Registered Information between this Service and Associated Services to support entries at the time of registration
   2. Authentication of the User, who has used this Service via Associated Services (This Service will not provide the User password to Associated Services.)
   3. Sharing of Registered Information between this Service and Associated Services to support entries at the time of registration
   4. Notification of updates of the User’s information and permanent account deletion
2. Use of Associated Services

   The User shall, when registering with and using Associated Services via Account Connections, agree to their terms of service before registering with those services. The User shall observe the terms of service for the Associated Services when using such services. The Consortium and this Service shall not be involved in any case of suspending the User account for the Associated Services due to his/her failure to observe the terms, and the Consortium shall not assume any responsibility for such suspension.

3. Removal of Account Connections

   Account Connections shall not take place if the User has removed the Account Connections with Associated Services via this Service. The User shall remove the Account Connections based on his/her prior consent.

The User shall contact the Consortium using an inquiry form specified by the Consortium if he/she wishes to request notification, disclosure, correction, addition or removal of the purpose of utilization of personal information, to request suspension of utilization or deletion, and/or to request discontinuation of provision to a third party in accordance with the Act on the Protection of Personal Information or other relevant laws.

The User shall not perform any act that falls or may fall under any of the following categories when using this Service. The Consortium may delete all or part of the User’s Registered Information and History Information without prior notice if it determines that an act of the User falls or may fall under any of these categories.

1. Acts that violate these Terms or other terms of agreement with the Consortium
2. Acts that violate laws, court rulings, decisions or orders, or binding administrative measures
3. Acts that are related to crimes or that disrupt public order and morals
4. Acts that infringe on the Intellectual Property Rights, portrait rights, privacy rights, other legal or contractual rights or interests of the Consortium or third parties.
5. Acts that violate internal regulations of the industry organizations to which the Consortium belongs
6. Acts of transmitting obscene information or any information that may be harmful to young people
7. Acts of transmitting information regarding relationships with persons of the opposite sex
8. Acts of transmitting harmful information including computer programs and computer viruses
9. Acts of falsifying information that may be used in relation to this Service
10. Acts of transmitting more data than specified by the Consortium via this Service
11. Acts that may disrupt the operation of this Service
12. Other acts deemed inappropriate by the Consortium

1. Suspension of this Service

   The Consortium may suspend all or part of this Service without prior notice if any of the following apply:

   1. In case inspection or maintenance of devices for this Service is conducted
   2. In case devices, communications lines and the like related to this Service stop working due to accidents or other reasons.
   3. In case a fire, power failure, natural disaster or other event of force majeure prevents operation of this Service
   4. Any other case deemed necessary by the Consortium
2. Change of this Service

   The Consortium may change all or part of this Service at any time by giving thirty (30) days’ notice to the User if it deems such changes necessary.

3. Termination of this Service

   The Consortium may terminate the provision of this Service for its own reasons. In such a case, the Consortium shall notify the User of the termination at least thirty (30) days prior to the date of termination.

1. Intellectual Property Rights for this Service, etc

   The Consortium (or the licensors of the Consortium) shall retain Intellectual Property Rights and other rights regarding this Service and its content. Permission of the use of this Service based on these Terms means that the User is allowed to use the Intellectual Property Rights of the Consortium (or the licensors of the Consortium) within, but not beyond, the range specified by these Terms

2. Use of this Service by the User

   Regarding the service content provided by the Consortium, the Consortium shall grant the User a non-transferable, non-sublicensable and non-exclusive license only for the use of this Service.

3. Advertisement Posting

   The Consortium may post advertisements of the Consortium or third parties on websites that provide this Service.

1. Preparation of the necessary devices, etc

   It is the User’s responsibility to prepare and maintain the devices, including computers and smartphones, as well as software, communications lines and other communication environments required for the use of this Service. The Consortium does not guarantee that this Service is applicable to all types of devices, and so forth. The User shall be responsible for taking security measures against computer virus infection, unauthorized access, information leaks and other risks according to the environment where this Service is used.

2. User responsibilities for the use of this Service

   The User shall use this Service under his/her own responsibility, and shall bear full responsibility for all acts related to this Service and the consequences.

3. Conflicts with third parties

   The User shall be responsible for resolving any conflicts that may arise in relation to this Service between the User and any third party, and the Consortium shall not assume any responsibility for such conflicts.

4. Liability for damages

   If the Consortium suffers direct or indirect damages (including attorney fees) regarding the use of this Service by the User, the User shall immediately compensate for the damages based on the claim of the Consortium. This also applies when the Consortium receives claims from third parties due to the use of this Service by the User.

1. No warranty

   The Consortium does not guarantee the accuracy, reliability or legality of the functions provided by this Service (e.g., Account Connections and information distribution functions), as well as their fitness for particular purposes and any other matters, although it makes utmost efforts to provide the most up-to-date, accurate information and related functions. Even if the User directly or indirectly obtains information about this Service or other Users from the Consortium, the Consortium does not guarantee the User anything beyond what is stipulated in these Terms. It is the User’s responsibility to investigate whether his/her use of this Service does not violate any applicable laws and regulations or any applicable internal rules of relevant industry organizations, and the Consortium does not guarantee that the use of this Service by the User complies with such provisions.

2. Scope of the Consortium’s Responsibilities

   The Consortium shall not be liable for damages suffered by the User as a result of the conduct of the Consortium in accordance with the provisions of Article 4, Article 6, Article 7, or other provisions, or as a result of the use of this Service by the User unless these are expressly stated in writing. The Consortium shall not bear any liability for damages that may arise when a fire, power failure, natural disaster or other event of force majeure prevents or complicates the provision of this Service, or in cases of non-delivery or delay of notification or contact by the Consortium.

If these Terms correspond to a consumer contract provided for in paragraph 3 of Article 2 of the Consumer Contract Act, and the provisions of these terms that completely exempt the Consortium from whole or partial liability for damages do not apply, the Consortium shall be liable for any damages incurred by the User as a result of default or tort committed by the Consortium or based on warranty against defects, up to a maximum of one (1) year of Service fees actually paid by the User retroactive from the date when the cause of the damages occurred.

1. Notification
   1. Notification of and contact with the User by the Consortium regarding this Service shall be made by methods deemed appropriate by the Consortium, including posting at appropriate places on the Consortium’s website.
   2. Notification of and contact with the Consortium by the User regarding this Service shall be made using the inquiry form found at the appropriate place on the Consortium’s website or other methods specified by the Consortium. If the Consortium has received notification from or been contacted by the User, the Consortium may authenticate the User’s identity by the methods specified by the Consortium. The Consortium may respond to such notification/contact by methods that the Consortium considers the most suitable each time, and the User may not determine the method of such response.
   3. By sending notification to the contact address registered by the User, the Consortium may be deemed to have given notification to the User.
2. Severability

   If any of the provisions of these Terms or part of a provision is found to be invalid under the Consumer Contract Act or other laws, the remaining provisions or the remaining part of the provision shall continue to be valid, and the provision or part of the provision found to be invalid shall be modified to the extent necessary to make the same valid, and be interpreted to achieve the same purpose and the same legal and economic effect as originally intended for the invalid provision or part thereof.

3. Matters not covered by these Terms

   Any matters not stipulated in these Terms and any questions arising over the interpretation of any of these Terms shall be discussed in good faith and resolved promptly.

4. Language, governing law and jurisdiction

   Only the Japanese version of these Terms shall be valid, and all versions in other languages shall only serve reference purposes and do not affect the interpretation of these Terms. These Terms shall be governed by the laws of Japan. The Sapporo District Court shall be the exclusive court of first instance with respect to any dispute arising from or in relation to these Terms or this Service.