1. INTRODUCTION

    This privacy notice (Privacy Notice) sets out the ways in which we, The Pokémon Company, and its affiliates collect and use the user’s personal data (the user’s personal information) in connection with Pokémon trading card game online illustration exhibition (our Service). It also explains what rights the user has to access or change the user’s personal data.

    The user may have the right, in accordance with applicable law in the user’s country/region of residence, to request access to, deletion, correction, and portability of the user’s information that we have collected or information that the user has provided to us through the use of our Service. The user may exercise the user’s rights above by contacting us using the details in paragraph 2 of this Privacy Notice.

  2. ABOUT US

    2.1 The Pokémon Company is a company registered in Japan, with our address as set out below.

    2.2 You can contact us as follows:

    (a) For users residing in Japan:

    The Pokémon Company

    Attention: Pokémon Trading Card Game Online Illustration Exhibition

    Address: Roppongi Hills Mori Tower 8F,

    6-10-1 Roppongi, Minato-ku, Tokyo 106-6108 Japan

    Contact: https://support.pokemon.jp/form_app/inquiry/pokemon/ (Customer Support)

    (b) For users residing in South Korea:

    Pokémon Korea, Inc.

    Attention: Pokémon Trading Card Game Online Illustration Exhibition

    Address: 4F 801, Sinsu-ro, Suji-gu, Yongin-si, Gyeonggi-do, Korea

    Email: [email protected]

    (c) For users residing in Asia (only related to this (c), except Japan and South Korea)

    The Pokémon Company

    Attention: Pokémon Trading Card Game Online Illustration Exhibition

    Address: Roppongi Hills Mori Tower 8F,

    6-10-1 Roppongi, Minato-ku, Tokyo 106-6108 Japan

    Contact: https://asia-pp.pokemon-support.com/hc/en-us/requests/new (Customer Support)

    (d) For users residing outside Asia:

    The Pokémon Company International, Inc.

    Attention: Pokémon Trading Card Game Online Illustration Exhibition

    Address: 10400 NE 4th Street, Suite 2800

    Bellevue, WA 98004 USA

    Email: [email protected]

  3. INFORMATION WE COLLECT ABOUT USERS

    3.1 Information that users provide to us.

    We don’t require personal information to use our Service. If the user chooses not to disclose personal information, however, the user will not be able to enjoy certain features of our Service.

    3.1.1 We will collect any information that the user provides to us when the user:

    (a) accesses certain features or functions in our Service that require personal information;

    (b) (applicable to Asian users only) chooses to associate with a Linked Account (as defined below) described in paragraph 3.1.2 (a) for purposes of creating an account within the Service;

    (c) (applicable to Asian users only) provides to us with the information described in paragraph 3.1.2(b) for purposes of creating an account within the Service

    (d) makes an inquiry, provides feedback, or makes a complaint via email or our customer support site; and

    (e) submits correspondence to us via post, email, or our customer support site.

    3.1.2 The information the user provides to us when the user uses our Service will include (depending on the circumstances

    3.1.3 ) (This provision shall apply only to Asian users, but (c) below shall apply to users residing outside of Asia):

    (a) Twitter, LINE or Facebook ID. The user may create an account within the Service by associating the user’s Twitter, LINE or Facebook account (hereinafter referred to as “Linked Account”) with the Service. In case the user associates a Linked Account, the user’s profile icon image and account name will also be provided to us, however, the Company will not use this information for the provision of the Service. Please also refer to each company’ privacy policies.

    (b) Email address.

    (c) Identity data. Country or region where the user is located; and

    (d) User profile data. Username set arbitrarily by the user.

    NOTE: Do not use the user’s real name, initials, or other user-identifiable information in a username. This includes:

    ・ Any ID, passwords, et cetera used for Linked Accounts, etc.

    ・ Inquiry information

    ・ Any other personal information

    3.2 Information we collect about users.

    (a) Information contained in correspondence. We will collect any information contained in any correspondence between us. For example, if the user contacts us for customer support, we will keep a record of that correspondence;

    (b) Technical data. We will also collect certain information about how the user uses our Service and the device that the user uses to access our Service, even where the user has not created an account or logged in. This might include the user’s geographical location, device information (such as the user’s hardware model, operating system information, the data transmitted by the user’s browser (such as the user’s IP address, time zone settings, access status / HTTP status code, language settings, and time zone settings referral source), information about the user’s interactions with the Service, including information such as page views, requests, number of sessions, length of visit to the Service, and similar information. This information may be collected by a third-party analytics service provider on our behalf and/or may be collected using cookies or similar technologies. For more information on cookies, please read paragraph 6 below.

  4. HOW WE USE INFORMATION ABOUT USERS AND RECIPIENTS OF USERS’ INFORMATION

    4.1 We will use the user’s information for the purposes listed below on the basis of:

    (a) the provision of our services to the user;

    (b) the user’s consent (where we request it);

    (c) our need to comply with a legal or regulatory obligation; or

    (d) our legitimate interests.

    4.2 We use the user’s information on the above basis, including for the following purposes:

    (a) To provide access to our Service. To provide the user with access to our Service in a manner convenient and optimal;

    (b) To allow users to access certain Service features. To enable the user to access features such as in-Service comments;

    (c) User and customer support. To provide customer service and support, deal with inquiries or complaints about our Service, and to share the user’s information with our Service developers, and IT support providers as necessary to provide customer support;

    (d) Analysis. To use data analytics to better understand our users, for market analysis, and to improve our Service and other apps, products/services, marketing, customer relationships, and experiences;

    (e) Fraud and unlawful activity detection and prevention. To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, including identity fraud; to protect the rights and property of Pokémon, our agents, our customers, and others, including enforcing our terms, policies, rules, and agreements; to protect the safety and security of any person; and/or to protect the safety and security of Pokémon’s and our partners’ services, and websites;

    (f) Compliance with policies, procedures, and laws. To enable us to comply with our policies and procedures and to enforce our legal rights, or to share the user’s information with our technical and legal advisors, and to comply with laws or respond to lawful requests and legal process, including, for example, complying with a court order or subpoena.

    4.3 If the user is in the EU or the United Kingdom and has any concerns about our processing, please refer to details of “The Rights of Users in the EU or the United Kingdom” in paragraph 9 below.

  5. WHO WE MIGHT SHARE USERS’ INFORMATION WITH

    5.1 In connection with the purposes and on the lawful grounds described above, we will share the user’s personal information with third parties, such as:

    (a) Developers. Anique,Inc., in Japan.

    (b) Corporate affiliates. The Pokémon Center Co., Ltd., The Pokémon Company International, Inc., The Pokémon Company International Ireland Limited, and Pokémon Korea, Inc., based in Japan, the UK, the USA, Republic of Ireland, and South Korea;

    (c) Prospective sellers and buyers of our business. In connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets;

    (d) Any other third parties (including professional advisers). Any other third parties (including legal or other advisors, regulatory authorities, courts, law enforcement agencies and government agencies) based in the UK, the USA, Japan, and other countries/regions to enable us to enforce our legal rights, or to protect the rights, property, or safety of our employees, or where such disclosure may be permitted or required by law.

  6. COOKIES

    We, and others, use cookies to ensure that the user gets the most out of our Service. Cookies are small amounts of information in the form of text files which we store on the device the user uses to access our Service and to provide us with information about the user’s use of the Service. Cookies allow us, and others, to verify the user’s use of our Service, and simplify the user’s use of our Service.

  7. HOW WE LOOK AFTER USERS’ INFORMATION AND HOW LONG WE KEEP IT FOR

    7.1 We use appropriate technological and operational security measures to protect the user’s information against unauthorized access or unlawful use.

    7.2 We will retain your information for as long as appropriate to provide the user with the services that the user has requested from us or for as long as we reasonably require to retain the information for our lawful business purposes, such as for legal compliance and enforcement purposes, and for resolving disputes. Actual retention periods depend on a variety of factors such as the type of product, the type and sensitivity of the data, business needs, customer expectations and needs, the types of available user controls, and the form in which the data is stored.

    7.3 We will delete the user’s information when it is no longer needed to be retained in light of the purpose of use. If applicable, the user’s information printed out in sheets shall be shredded by paper shredders or destroyed by way of incineration, and the user’s information saved in electronic file formats shall be deleted with the use of technical methods in which records cannot be restored.

  8. INTERNATIONAL TRANSFERS OF USERS’ INFORMATION

    8.1 Our company is located in Japan, and the personal information that we collect from the user will predominantly be stored in Japan. This will involve a transfer of data outside the EEA or the United Kingdom.

    8.2 Whenever we transfer the user’s personal data from inside the EEA or the United Kingdom to outside of the EEA or the United Kingdom, the transfer will be based on at least one of the following:

    (a) Where we use certain service providers, we may use specific contracts approved by the European Commission that give personal data adequate protection. For further details, see European Commission: Model contracts for the transfer of personal data to third countries; and

    (b) Transfer to a country, territory, or specified sector within a country or territory that the European Commission has determined to ensure an adequate level of protection of personal data;

    (c) The transfer is necessary for the provision of our Service to the user, is necessary for the conclusion or performance of a contract in the user’s interest, or to take measures that the user has requested, or is based on the user’s explicit consent.

    8.3 Please contact us using the contact details in paragraph 2 of this Privacy Notice if the user wants further information on the specific mechanism used by us when transferring the user’s personal data out of the EEA or the United Kingdom.

  9. THE RIGHTS OF USERS IN THE EU OR THE UNITED KINGDOM

    9.1 If the user is in the EU or the United Kingdom, the user has certain rights with respect to the information that we hold about the user, including:

    (a) the right to be informed of the ways in which we use the user’s information, as we seek to do in this Privacy Notice;

    (b) the right to ask us not to process the user’s personal data or to limit or cease processing or erase information we hold about the user;

    (c) the right to request access to the information that we hold about the user (or request that we transfer this to another service provider where technically feasible) in a structured, commonly used, machine-readable format, in certain circumstances;

    (d) the right to request that we correct or rectify any information that we hold about the user which is out of date or incorrect;

    (e) the right to withdraw the user’s consent for our use of the user’s information in reliance of the user’s consent;

    (f) the right to object to our using the user’ information on the basis of our legitimate interests, and there is something about the user’s particular situation which makes the user want to object to processing on this ground; and

    (g) the right to lodge a complaint about us with the UK Information Commissioner’s Office (https://ico.org.uk/); the user is also able to lodge a complaint with the relevant authority in the user’s country/region of work or residence.

    Please note that we may need to retain certain information for our own record-keeping and research purposes. We may also need to send the user service-related communications relating to the user’s user account even when the user has requested not to receive marketing communications. There may be exceptions to these rights in certain circumstances, and where the user cannot exercise a right due to an exception, we will provide that explanation.

    9.2 The user may exercise the user’s rights above by contacting us using the details in paragraph 2 of this Privacy Notice.

  10. THIRD-PARTY LINKS

    Our Service may include links to third-party websites, plug-ins, and apps. Clicking on those links or enabling those connections may allow third parties to collect or share data about the user. We do not control these third-party websites, plug-ins, and apps and are not responsible for their privacy practices. When the user leaves our website, we encourage the user to read the privacy notice of every third party the user visits.

  11. WHAT TYPES OF INFORMATION DO WE COLLECT ABOUT CHILDREN?

    11.1 (Applicable to Asian users (only related to this Article, except Japan) only) If a user has indicated that they are a child, we will direct the child to a different experience within our Service that lets a child use our services much like any other user but that does not allow personal information to be collected.

    Children can use our Service, view content, and enjoy many features without collection of any personal information and where consent of the parent is required by law, we will request it.

  12. ADDITIONAL PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS

    12.1 This section provides you with additional disclosures required under California law.

    12.2 If the user is a California consumer whose personal information is collected through the Service (“customer”), the California Consumer Privacy Act (“CCPA”) provides the user with certain rights in respect to that personal information. In particular, the user has a right to request that companies provide the user with the following information:

    (a) The categories and specific pieces of personal information we have collected about the user;

    (b) The categories or sources from which we collect personal information;

    (c) The purposes for collecting and using personal information;

    (d) The categories of third parties with which we share personal information;

    (e) The categories of personal information disclosed about the user for a business purpose.

    12.3 The user also has a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. Additionally, the user has a right not to be discriminated against for exercising any of these rights.

    12.4 The user may exercise the user’s rights above by contacting us using the details in paragraph 2 of this Privacy Notice. If the user submits a request, we will require the user to verify the user’s identity where, if feasible, we may match the user’s identification information with personal information we have about the user, depending on the type of request made and verification measures proportional to the risk of the personal information involved with the request(s). There is no reasonable method by which we can verify the user’s identity to the degree of certainty required by law for certain pieces of personal information, for example: unique identifiers such as cookie IDs, device ID, and IP address (where that information is not held by us in connection with directly identifiable information). There may be exceptions to these rights in certain circumstances, and where the user cannot exercise a right due to an exception, Pokémon will provide that information. Pokémon will use reasonable efforts to fulfill the user’s request within the response times of the applicable laws.

    12.5 Pokémon does not sell the user’s personal information as defined by the CCPA and has not done so in the past 12 months.

    12.6 In addition to the purpose in which the user’s personal information is shared with other third parties (including professional advisers) in Section 5.1(d) above, sharing includes sharing for business purposes that require access to our systems that hold personal information (such as supplying cloud data storage, maintaining the security of our systems, and providing customer support). In the past 12 months, we have disclosed to vendors all of the categories of personal information described in Section 3.

    12.7 California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding disclosure of personal information to third parties for their own direct marketing purposes. We do not share our customers’ personal information with unaffiliated third parties for their own direct marketing purposes without your consent. For inquiries about our disclosure policy, please contact us using the details in paragraph 2.

  13. DATA PROTECTION OFFICER

    If you wish to contact our Data Protection Officer, please use the following details:

    The Pokémon Company

    Attention: Data Protection Officer

    Address: Roppongi Hills Mori Tower 8F

    6-10-1 Roppongi, Minato-ku

    Tokyo 106-6108 Japan

  14. CHANGES TO THIS PRIVACY NOTICE AND USERS’ DUTY TO INFORM US OF CHANGES

    We may amend this Privacy Notice at any time by changing the last updated date. If we make material changes to how we collect, use, or share the user’s personal information, we will describe the changes, and, if required by law, seek the user’s consent for such changes.

    It is important that the personal data we hold about the user is accurate and current. Please keep us informed if the user’s personal data changes during the user’s relationship with us by updating the user’s profile account information or contacting us via the contact details in paragraph 2 of this Privacy Notice.

    This Privacy Notice was created on August 9, 2022.