BowNow Special License Agreement (International Ver.)
The BowNow Special License Agreement (International Ver., and hereinafter referred to as “this Special Agreement”), which constitutes a special agreement for the below-mentioned Cloud Circus General Software License Terms and Conditions (International Ver., and hereinafter referred to as “these General Terms and Conditions”), aims to set forth the terms and conditions of the License Agreement of Asia region except Japan for this Software (to be defined in Article 1, item (i)) (hereinafter referred to as “this Agreement”) in tandem with these General Terms and Conditions.
As stated below:
(URL of these General Terms and Conditions: https://www.startialab.co.jp/agreement/)
End
Article 1. Definitions
The terms as used herein shall be as defined in the following items:
(1) This Software
It refers to marketing automation software BowNow offered by Cloud Circus, Inc. (hereinafter referred to as “CC”).
(2) End user
It collectively refers to the subscriber’s existing customers, the subscriber’s potential customers, persons who browse the subscriber’s website and a web application, and the like offered by the subscriber. It does not include the subscriber's officers and employees.
(3) Tracking code
It refers to a code which is installed within a website or a web application for the purpose of acquisition of information and access analysis of End users who have visited the website or have used the web application, which coordinates with this Software.
(4) Tracking page: It refers to a website or a web application to which a tracking code is installed.
(5) Lead information
It refers to End users’ information which has been processed by this Software or has been saved to this Software. Note that the lead information may include personal information such as an individual’s name and email address.
(6) Action history information
It refers to the information on the online action history of End user who browses the tracking page, which is corrected by subscriber with utilizing the features of this Software. Note that the action history information does not include information which can be used to identify a specific individual such as his/her name and email address. However, if the action history information is combined with the lead information on this Software, it might enable the identification of a specific end user.
(7) This Service
It refers to services which CC offers to the subscriber via this Software.
(8) This Personal Information
It refers to any and all personal information of End users which is handled by this Software or in this Service. The items of the Personal Information shall be as described in the manual the Software (https://manual.bow-now.jp/personalinfo/).
(9) This Client
It refers to the subscriber's customer.
Article 2. Compliance with Laws and Regulations
CC and the subscriber shall comply with the Act on the Protection of Personal Information, and other laws and regulations of the country other than Japan that are applicable to this Service.
Article 3. Handling of this Personal Information by CC
- CC shall handle this Personal Information within the scope of entrustment of the subscriber.
- The Personal Information of the subscriber shall not be confused with the Personal Information of other subscribers but shall be clearly distinguished and handled separately, and .CC shall impose proper access restriction in cases of handling this Personal Information as referred to in the preceding paragraphs. In addition, if the Personal Information entrusted to CC by the subscriber is disclosed unintentionally, CC shall promptly notify such a fact of the subscriber.
- CC may entrust all or part of the handling of this Personal Information to a third party. In this case, in order to take security control measures for this Personal Information, the handling of which is entrusted to a third party, CC shall select an appropriate entrustee and perform necessary and proper supervision of the entrustee.
- In relation to the provision of this Service, CC may lawfully and properly acquire already-published corporate information which has been lawfully and properly gathered from websites, etc., to which no access restriction is imposed (hereinafter referred to as “this Corporate Information”), from a business operator, and may re-provide such information to the subscriber. This Corporate Information may contain the name of the company’s representative, but does not contain any other personal information.
Article 4. Handling of this Personal Information by the Subscriber
- The subscriber shall correct the Action history information directly from the End user.
- The subscriber shall set forth the Privacy Policy, which expressly indicates the purpose of use of this Personal Information and the Action history information corrected by the subscriber, with regard to the subscriber's own use of this Personal Information in this Service according to applicable laws.
- The subscriber shall disclose to the End user the fact that the Personal Information is entrusted to CC and the purpose of such entrustment, and shall obtain the End user's consent to such entrustment to the extent required by applicable laws.
- If End user exercises any of the right of subject of the Personal Information granted by applicable privacy related laws including but not limited to the disclosure, correction, addition, or deletion of contents; suspension of use, deletion, and suspension of provision to third parties of this Personal Information; the handling of which is entrusted to CC by the subscriber, CC shall notify the subscriber of this. Upon receipt of such a notification from CC, the subscriber shall abide by such request according to the applicable related laws as the owner of this Personal Information concerned.
- The subscriber shall use this Personal Information to be handled in relation to this Service pursuant to the relevant laws and regulations.
Article 5. Acquisition of Consent on Transmission of Advertisement and Promotion Email by the Subscriber
- The subscriber shall obtain the End user’s consent on the transmission of advertisement and promotion emails to the End user from the subscriber or this Client by the method clearly recognizable to the End user in advance.
- In the case of receiving a request for unsubscription to advertisement and promotion emails from the End user, the subscriber shall discontinue the transmission of advertisement and promotion emails.
- The subscriber may not transmit via email any content falling under the items of paragraph 1 of Article 8 (Prohibited Contents) of these General Terms and Conditions by utilizing the features of this Software.
Article 6. Disclaimer
- CC shall not guarantee in any way the credibility or accuracy of the information acquired via the tracking page or this Software and access analysis.
- In the event that the subscriber or this Client suffers damage as a result of a lack of credibility or accuracy of the information acquired via the tracking page or this Software and access analysis, the subscriber may not file a complaint and claim damages against CC in any way.
Article 7. License Fee
The license fee for this Software shall be as stated in the fee page (https://bow-now.jp/price/).
Article 8. Special Terms of Service for “webtru”
- “webtru”, which coordinates with this Software, is a service provided by DataSign Inc. If the subscriber subscribes for a webtru option, the subscriber shall be deemed to have agreed to the Terms of Service for webtru below: (URL: https://static.webtru.io/terms/terms.html )
- If the subscriber uses webtru, the subscriber shall be deemed to have agreed to the Terms of Service referred to in the preceding paragraph.
Article 9. Application of these General Terms and Conditions
Regarding the use of this Software, any matter not stipulated in this Special Agreement shall be subject to the provisions of these General Terms and Conditions by the CC and the subscriber.
Established on June 23, 2022
Cloud Circus, Inc.
