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BowNow Special License Agreement

 
 



The BowNow Special License Agreement (hereinafter referred to as “this Special Agreement”), which constitutes a special agreement for the below-mentioned Startia Lab General Software License Terms and Conditions (hereinafter referred to as “these General Terms and Conditions”), aims to set forth the terms and conditions of the License Agreement 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://bow-now.com/software_license_agreement.html)

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 Startia Lab, Inc. (hereinafter referred to as “Lab”). 

(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 an end user who browses the tracking page, which is gathered by 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 Lab 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. This Personal Information includes personal information, the handling of which is entrusted to Lab by the subscriber, and personal information which is handled by Lab in the form of a third-party provision by the subscriber to Lab. It contains the lead information and the action history information.

(9) This Client
It refers to the subscriber's customer.

Article 2. Compliance with Laws and Regulations
Lab and the subscriber shall comply with the Act on the Protection of Personal Information, the Act on Regulation of Transmission of Specified Electronic Mail and other laws and regulations that are applicable to this Service.


Article 3. Handling of this Personal Information by Lab
1. In relation to this Software and this Service, Lab shall handle this Personal Information in the following cases. The details of the method of handling in the respective cases shall be stated later:  

    (i) In the case of handling this Personal Information which is entrusted by the subscriber in relation to the provision of this Service within the scope of entrustment thereof; and 
    (ii) In the case of handling this Personal Information provided by the subscriber in the form of a third-party provision based on the end user's consent for Lab's own purposes below: 

    (1) Compilation of statistical data;  
    (2) Various analyses, implementation of questionnaire surveys, and analyses for the purpose of product development, feature improvement, and service quality improvement; and
    (3) Industry-university collaboration research.

2. Lab shall impose proper access restriction in both cases of handling this Personal Information as referred to in the preceding paragraphs. In addition, Lab shall take proper measures such as data anonymization depending on the purpose of use of this Personal Information, and shall not re-identify the data which has been anonymized.


3. Lab 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, Lab shall select an appropriate entrustee and perform necessary and proper supervision of the entrustee.

4. In relation to the provision of this Service, Lab 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
1. The subscriber shall set forth the Privacy Policy, which expressly indicates the purpose of use of this Personal Information, with regard to the subscriber's own use of this Personal Information in this Service.

2. When acquiring the end user's action history information by utilizing the features of this Software, the subscriber shall display the Privacy Policy expressly indicating the types of information acquired and the purpose of use thereof on the tracking page and obtain the end user's consent.

3. If the end user concerned requests 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 Lab by the subscriber, the subscriber shall abide by such request as the owner of this Personal Information concerned. Provided, however, that this shall not apply to this Personal Information which Lab acquired from the end user based on the third-party provision consent. In this case, Lab shall become the owner of this Personal Information concerned.

4. 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 from End User

Prior to providing the end user's information to Lab pursuant to Article 3, paragraph 1, item (ii), the subscriber shall acquire the end user's consent on a third-party provision. Lab shall use the end user's information as follows: 

(1) Use for any purpose other than industry-university collaboration research 

When using this Personal Information, Lab shall perform masking so as to make it difficult to identify such information including the end user's name and email address, or delete such information.


(2) Industry-university collaboration research

Upon concluding a non-disclosure agreement with universities and graduate schools in Japan (hereinafter referred to as the “University, etc.”), Lab may provide only the action history information, which is in the anonymized form of this Personal Information as processed by Lab, to the University, etc. only for the purpose of industry-university collaboration research.



Article 6. Acquisition of Consent on Transmission of Advertisement and Promotion Email by the Subscriber

1. 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.

2. 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.

3. 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 7. Provision of Features of this Software to this Client

1. If the subscriber enters into any of the license agreements with Lab for this Software, which are listed in the following items, the subscriber may provide the features of this Software to this Client by issuing a tracking code: 

   (1) BowNow Entry

   (2) BowNow Light

   (3) BowNow Standard

   (4) BowNow (Cloud CIRCUS for WEB)

2. The subscriber may designate one company as this Client per license in the subscription form for this Software.

3. Once the subscriber designates this Client, the subscriber may no longer use this Software for its own MA.

4. In the case of changing the designation of this Client, the subscriber must request such change to Lab in a document designated by Lab in advance so as to obtain Lab’s consent.

5. The subscriber may issue a tracking code for unlimited, multiple number of pages of the website or the web application of this Client. 

6. The subscriber shall impose on this Client the obligations equal to those assumed by the subscriber under Article 2 (Compliance with Laws and Regulations), Article 3 (Handling of this Personal Information by the Subscriber), and Article 4 (Acquisition of Consent on Transmission of Advertisement and Promotion Email by the Subscriber).


 


Article 8. Disclaimer

1. Lab shall not guarantee in any way the credibility or accuracy of the information acquired via the tracking page or this Software and access analysis.

2. 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 Lab in any way.

    


Article 9. License Fee

The license fee for this Software shall be as stated in the fee page (https://bow-now.com/price/). Provided, however, that the subscriber who subscribes for Cloud CIRCUS for WEB may receive a nonexclusive license for this Software if he/she pays the license fee for Cloud CIRCUS for WEB.

    


Article 10. BowNow Free

1. Some features of this Software, which Lab licenses to the subscriber free of charge (hereinafter referred to as “BowNow Free”), are restricted compared to the legitimate version. The volume of data that can be saved may be small.

2. The subscriber may not provide the features of this Software prescribed in Article 7 to any third parties including the subscriber's customers by using BowNow Free.

3. The details of BowNow Free are as stated in the link below: (URL: https://bow-now.com/price/

    


Article 11. Special Terms of Service for DataSign For Enterprise

1. DataSign For Enterprise, which coordinates with this Software, is a service provided by DataSign Inc. If the subscriber subscribes for a DataSign for Enterprise option, the subscriber shall be deemed to have agreed to the Terms of Service for DataSign for Enterprise below: (URL: https://fe.datasign.co/static/terms/terms.html)

2. If the subscriber uses DataSign for Enterprise, the subscriber shall be deemed to have agreed to the Terms of Service referred to in the preceding paragraph.

    

 

Established on April 20, 2017

Revised on August 22, 2017

Revised on March 22, 2019

Revised on April 10, 2019

Revised on November 18, 2019

Revised on September 22, 2020

Revised on October 21, 2020

Revised on November 25, 2020

Revised on June 7, 2021




Startia Lab, Inc. 



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