Effective January 1, 2020
We take your right to privacy seriously and want you to feel comfortable using our website https://dlibjapan.net/ (the “Site”) and the Services. By visiting our Site or by using the Services, you accept the practices described in this Policy. Please also refer to the site, https://dlibjapan.net/terms-of-use for the terms and conditions of using dLibrary Japan. If you do not agree with our practices described in this Policy, please DO NOT use our Services and/or interact with us at the Site.
•Modification of this Policy:
We may make changes to this Policy from time to time in response to changing legal or operational requirements. We will notify you of any such changes in accordance with the applicable law. Your continued use of the Services after any of such updates take effect will constitute acceptance of those changes. If you do not accept any updates to this Policy, you may cancel your use of the Services.
•What Information We Collect:
We may collect personal Information. Here are the types of Personal Information we gather:
◦Information you give us: We receive and store any information you enter on our website or give us in any other way, including your name, date of birth, gender, address, e-mail address, and phone number. We will store the initial date of subscription, the subscription method, and the payment method including credit card information. You can choose not to provide certain information, but then you might not be able to take advantage of certain features or Services.
◦Automatic Information: We receive and store certain types of information whenever you interact with us. We may collect certain non-personally identifiable information when you visit the Site or access the Site, such as: the type of browser you are using (e.g., Internet Explorer, Google Chrome, Edge, safari, Firefox, etc.); the type of operating system you are using, (e.g., Mac or PC); the IP address of any of your computer(s) which may be used to access the Site; certain information necessary for us to uniquely identify your computer(s) or smartphone/tablet; the domain name of your Internet service provider (e.g., Comcast, AT&T, Verizon, etc.); referring/exit pages; date/time stamp; click stream data; and pixel tags. In addition, when you visit the Site our servers automatically collect information describing your use of the Site, including content accessed by you, page/screen visits, length of time viewing a certain page or program, how the content is viewed, etc. We also use "cookies," and we obtain certain types of information when your web browser accesses the Site or advertisements and other content served by or on behalf of “dLibrary Japan” on other websites.
◦Mobile: When you download or use apps created by us or any third party vendors, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off such location services.
◦E-mail Communications: In order to provide the Services to you and help us make our e-mails more useful and interesting, we may use the Personal Information to send you e-mail newsletter, offer promotional campaign/sweepstakes, and member registration. We often receive a confirmation when you open e-mail from the Site if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your preferences in your account settings or contact us at https://dlibjapan.net/online-inquiry.
◦Information From Other Sources: We might receive information about you from other sources and add it to our account information.
◦Survey Information: From time to time, dLibrary Japan may perform a certain viewer survey to improve our services. In such occasion, you may also be asked to voluntarily rate the content you view on the Site.
◦Promotional Campaigns: From time to time dLibrary Japan may run certain promotional campaigns for subscribers and/or non-subscribers on different parts of the Site. Only persons who provide us with the requested personally identifiable information will be able to participate in such campaigns. Similarly, from time to time, different parts of our website may provide activities or services which can be used only by subscribers and/or non-subscribers, as the case may be, upon provision by such persons of requested personally identifiable information.
All Personal Information we collected through the Services shall be transferred to, processed and stored by third party contractors, such as Amazon Web Services, Braintree, and Nextologies, who support us to operate the Services properly (Service Providers) who are acting on our behalf as our agents, suppliers or service providers who are subject to confidentiality requirements.
•How we use Personal Information:
NCMA uses your Personal Information to providing you with the Services you have requested from us. We use your Personal Information to administer, enhance and personalize the Services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you to improve your user experience on the Site and with the Services. For example, we use information to:
◦determine your general geographic location and determine your Internet service provider to help us quickly and efficiently respond to service related inquiries and requests;
◦prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and enforcing our terms (such as determining free trial eligibility);
◦analyze and understand our viewers, improve our service (including our user interface experiences) and optimize content selection, recommendation algorithms and delivery;
◦communicate with you concerning the Services (for example by email, push notifications text messaging, and notices on the Site), so that we can send you news about our Services, details about new features and content available on the Site, and special offers, promotional announcements and consumer surveys, and to assist you with operational requests such as password reset requests.
•Disclosure of Personal Information:
We disclose your information for certain purposes with third parties, as described below:
◦Family of companies: We may share your information among the NCMA family of companies as for: data processing and storage; providing you with access to the Services; providing customer support; making decisions about service improvements, content development; and for other purposes described in the “How we use your Personal Information” section of this Policy.
◦Third Party Service Providers: We use other companies, agents or contractors such as Braintree, Amazon Web Service, and Nextologies, to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide billing, marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services to operate our Services properly.
◦Promotional Offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.
•How we use Non-personal information:
We may collect, use, transfer and disclose non-personal information for any purpose. Non-personal information is information that we collect that does not permit direct association with you or any other specific individual. For example, we may collect data from our subscribers or non-subscribers, including without limitation, data on geographical location, but we do so without collecting any Personal Information. We might use such information for marketing purposes. We sometimes use the non-personally identifiable information that we collect to improve the design and content of the Services and to enable us to personalize your experience in using the Site and Services. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products, programs, or services. The information we collect in connection with our online communities is used to provide an interactive experience. We use this information to facilitate participation in these online communities and, from time to time, to offer you products, programs, or services.
•Cookies and Other Technologies:
◦What are Cookies?
Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. They are widely used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization. Cookies are not the only types of technology that enable this functionality; we also use other, similar types of technologies. See below for more information and examples.
We and our Service Providers may use the following types of cookies:
Performance and functionality cookies: These cookies are not essential, but help us to personalize and enhance your online experience with dLibrary Japan. For example, they help us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during member sign up). We also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about our visitors' use of the Services so that we can enhance and personalize our website and service and conduct market research. Deletion of these types of cookies will result in limited functionality of our Services.
Advertising cookies: These cookies use information about your visit to this and other websites, such as the pages you visit, your use of our service or your response to ads and emails, to deliver ads that are more relevant to you. These types of ads are called "Interest-Based Advertising." Many of the advertising cookies associated with our service belong to our Service Providers.
◦How Does "dLibrary Japan" use other tracking technologies?
Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. We and our Service Providers may use them for similar purposes as cookies, such as to understand and enhance the use of our Services, improve Site performance, monitor visitor traffic and actions on our Site, and understand interactions with our marketing (including email and online ads on third party sites). Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impair the effectiveness of web beacons.
We also use other technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, some of these technologies may store small amounts of data on your device. We may use these and various other technologies for similar purposes as cookies, such as to enforce our terms, prevent fraud, and analyze the use of our Services. There are a number of ways to exercise choice regarding these technologies. For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see your browser’s help function or support area to learn more. Other technologies, such as Silverlight storage, may be cleared from within the application.
•Protection of Personal Information:
We endeavor to implement and maintain reasonable and security procedures and practices appropriate to the nature of your Personal Information in order to protect your Personal information in the form of physical, computer and administrative safeguards to prevent your information from being subject to unauthorized access, exfiltration, theft, or disclosure.
•Retention of Personal Information:
We reserve the right, however to continue to use any anonymized statistical data which we created during your use of the service.
•Access to Your Account:
In order to provide you with ease of access to your account and to help administer the Services, we may use technology that enables us to recognize you as the account holder and may provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Site and use the Services.
To remove access to your dLibrary Japan account from your devices: (a) visit "My Account" on the Site and follow the instructions to deactivate your devices (note; deactivation may not occur immediately) or (b) delete your settings from your device (steps vary by device and the option may not be available on all devices). Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or dLibrary Japan ready devices, you should log out and deactivate the device before doing so. If you do not maintain the security of your password or device, or fail to log out or deactivate your device, subsequent users may be able to access your account, including your personal information.
If you share or otherwise allow others to have access to your account, they will be able to see your information (including in some cases personal information) such as your watch history, ratings, reviews and account information (including your email address or other information in the Account).
If at any time you wish to opt out of receiving promotional materials related to the Site, we will provide an unsubscribe link at the bottom of each promotional e-mail you receive. You may also contact us at https://dlibjapan.net/online-inquiry to request unsubscribe promotional e-mail from us. Please keep in mind that opting out of promotional e-mails will not prevent you from receiving transactional e-mail correspondence related to, without limitation, the Site or your registered account.
You should note that in some instances, certain information or services can only be provided to you if personal information is provided. If you elect not to provide such information or opt out of having your information shared, you may not be able to receive certain information.
•Collection of Information by Third-Party Sites and Sponsors:
We limit the use of our Services only to persons age 18 and older, who may be able to legally enter into contracts. Except where otherwise expressly indicated we do not knowingly collect or store any personal information from children under the age of 13.
If a parent or guardian becomes aware that his or her child (who is under 13) has provided us with information without their consent, he or she should contact us immediately at https://dlibjapan.net/ online-inquiry. We will take the necessary steps to delete such information from our files within a reasonable time.
•Your California Privacy Rights:
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please read the Privacy Notice at the bottom of this Policy.
If you have any questions about this Policy, please feel free to contact us through https://dlibjapan.net/online-inquiry.
Effective Date: January 1, 2023
For the purpose of this Privacy Notice, “California Resident” means any person who: (1) resides in California for other than a temporary or transitory purpose; or (2) is domiciled in California but is currently outside California for a temporary or transitory purpose. California Resident may be referred as “California Resident” or “you”.
Update/Modification of this Privacy Notice
We may make changes to this Privacy Notice at our discretion and at any time. Such changes will be in compliance with the CCPA and other California privacy laws. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s Effective Date and Last Reviewed Date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
What Information We Collect
We collect personally identifiable information, namely information identifying, relating to, describing, referring, being capable of being associated with, or that could reasonably be linked, directly or indirectly, with you or your device. (“Personal Information”). In particular, we may collect the following categories of Personal Information:
Category A. Identifiers:
We May Collect [YES]
A real name, Internet Protocol address, email address, or other similar identifiers.
Category B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
We May Collect [YES]
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
For the purposes of the CPRA, credit or debit card information we may collect through our service provider, Braintree, in connection with the Services will be considered sensitive information. For more information on how we share your information with Braintree, please read the “Sharing of Personal Information” section below.
Category C. Protected classification characteristics under California or federal law.
We May Collect [YES]
Age (40 years or older) range, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D. Commercial information.
We May Collect [YES]
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Category E. Biometric information.
We May Collect [NO]
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Category F. Internet or other similar network activity.
We May Collect [NO]
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Category G. Geolocation data.
We May Collect [NO]
Physical location or movements.
Category H. Sensory data.
We May Collect [NO]
Audio, electronic, visual, thermal, olfactory, or similar information.
Category I. Professional or employment-related information.
We May Collect [NO]
Current or past job history or performance evaluations.
Category J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
We May Collect [NO]
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K. Inferences drawn from other personal information.
We May Collect [NO]
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
- Publicly available information from government records;
- De-identified or aggregated consumer information;
- Information excluded from the CCPA's scope, including: (a) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and (b) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from our clients or their agents. For example, Personal Information that you provide to us to engage our Services. From time to time, we may perform a certain viewer survey to improve our programs and services. In such occasion, you may also be asked to voluntarily rate the content of the Site.
- Indirectly from our clients or their agents. For example, through information we collect from you in the course of providing services to you.
- Directly and indirectly from activity on our Site or use of apps created by us. For example, general information from submissions through our Site portal or that are contained in our server log files, or our Site usage’s details.
- From third-parties that interact with us in connection with our Site or the Services we perform or other sources. Where permitted by applicable law, we may collect information about you from other sources, including through interactive applications (e.g., mobile devices, third party services, and embedded audio and video players), from co-branded partners and websites (e.g., on our Facebook pages), and from commercially available sources (e.g., data aggregators and public databases). The following are examples of information we may collect from other sources: (i) name, postal address, and telephone number; (ii) demographic data, such as age, gender, and income level; If you access third party services (e.g., Facebook, Google+ or Twitter) through the Site, or if you access the Site via a third party service, your username and password for those services and other information available about or collected from you on those services, (iii) your interests and purchase behavior, (iv) publicly-observed data, such as activities on blogs, videos, and other online postings; and other navigation data, such as web sites visited and advertisements viewed or clicked on. Please note this Privacy Notice does not cover the practices of any third parties, including those that may disclose information to us.
We not process or respond to "Do Not Track" signals because a uniform technological standard has not yet been developed by us.
Use of your personal information
We may use your Personal Information for one or more of the following business purposes: (1) to provide, access to, analyze, administer, enhance and personalize the Services and making decisions on their improvement and content development; (2) provide customers support and marketing efforts, (2) to process your registration, your orders and your payments, (3) to communicate with you on these and other topics, and (4) to customize and improve your user experience on the Site and with the Services. For example, we use information to:
- determine your general geographic location, provide you with customized and personalized viewing;
- recommendations for movies and TV shows we think will be enjoyable, determine your Internet service provider, and help us quickly and efficiently respond to inquiries and requests;
- prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and enforcing our terms (such as determining free trial eligibility);
- analyze and understand our audience, improve our service (including our user interface experiences) and optimize content selection, recommendation algorithms and delivery;
- communicate with you concerning the Services (for example by email, push notifications text messaging, and online messaging channels), so that we can send you news about our Services, details about new features and content available on the Site, and special offers, promotional announcements and consumer surveys, and to assist you with operational requests such as password reset requests.
We keep your Personal Information if we need it to perform the business purposes identified above. We decide how long we need your Personal Information on a case-by-case basis in accordance with the following criteria: (a) if we need it to operate or perform one of our Services; and (b) we need to retain it to comply with legal requirements or obligations (e.g. a legal request to comply with applicable law, a governmental investigation, a legal claim) or safety, integrity and security purposes, including the protection of the interests of our users, investigation of violation of our terms or policies, or the protection of our rights, property or services; in some cases, we may preserve your Personal Information based on the foregoing reasons even after you exercise a request for deletion as described below. When we retain your Personal Information, we do so in accordance with our retention policies and procedures.
Sharing of Personal Information
We may disclose your Personal Information listed hereunder to a third party for a business purpose to the following categories of third parties:
- our service providers and/or vendors acting as independent contractors, such as Braintree, Amazon, Nextologies, Facebook, Google Ads, Roku, Apple (IOS), Google Play (Android) and Twitter. If you believe that such service providers and/or vendors are using your disclosed Personal Information for prohibited commercial purposes or for a purpose different from that for which such Information have been disclosed, please notify us by submitting a specific VCR (as defined below);
- third parties in connection with the provision of promotional offers, sweepstakes, contests or promotions;
- third parties in connection with the creation of audience segments for interest-based or behavioural-based advertising to potential subscribers of our Services.
- third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you;
- authorized employees and who need to know or have access to your Personal Information in order to operate, develop, or improve our online Services;
- law or government enforcement officials to comply with law, in response to subpoenas, warrants, or court orders, or in connection with any legal process or cooperate with such officials or private parties;
In connection with the debit or credit card information we may share with Braintree in connection with the operation of the Services as described in this section, we hereby notify that Braintree (PayPal) is an independent controller for the purpose of processing this information in connection with our Services. Please check the PayPal privacy statement available at braintreepayments.com.
Sales of Personal Information
We do not sell your Personal Information for any reason.
We do not share your Personal Information with third parties for any third parties’ direct marketing or advertising purposes.
We will not engage in any of the following activities without providing you with prior written notice:
- collect additional categories of Personal Information other than those listed above and marked with “YES”; or
- use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice; or
- disclose Personal Information we collected to any third parties other than those listed above.
The CCPA provides California Residents with specific rights regarding their Personal Information (“CCPA Rights”). This section describes CCPA Rights and explains how to exercise those rights in connection with your Personal Information.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information. Once we receive and confirm your verifiable consumer request (as defined below), we will disclose to you:
- the categories of Personal Information we collected about you;
- the categories of sources for the Personal Information we collected about you;
- our purpose for collecting or using that Personal Information;
- the categories of third parties with whom we share that Personal Information;
- the specific pieces of Personal information we collected about you.
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected. Once we receive and confirm your verifiable consumer request (as defined below), we will delete, and direct our service providers to delete, your Personal Information from our records. We may deny your deletion request if retaining the Personal Information is necessary for us or our service providers to:
- Complete the transaction for which we collected your Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that Personal Information that are compatible with the context in which you provided it.
You can choose to opt-out of our sharing of your Personal Information with third parties for subsequent interest-based or behavioural-based advertising activities. To exercise your right herein, please submit a verifiable consumer request as described below.
You have the right to request that we use commercially reasonable efforts to correct any of your Personal Information that we collected to the extent any of such Personal Information is inaccurate.
Exercising Access, Data Portability, Deletion, and Correction Rights
To exercise one of the CCPA Rights described above, please submit a verifiable consumer request (“VCR”) to us by either:
- Calling us at dLibrary Japan Customer Service Center (1-877- 631-1133 ); or
- Submitting the Inquiry Form available at https://dlibjapan.net/ccpa_inquiry_form.
A VCR shall comply with the following conditions:
- Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a VCR related to your Personal Information. You may also make a VCR on behalf of your minor child. You may only make a VCR for access or data portability twice within a 12-month period.
- A VCR must:
- Provide sufficient information that allows us to verify the applicant is currently residing in California and the person about whom we collected Personal Information or an authorized representative. We cannot respond to your request or provide you with Personal Information if we cannot verify your residence, identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a VCR to verify the requestor’s identity or authority to make the request.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Please note that we may not accept a VCR that is not sent in accordance to the methods identified above and in compliance with the above described conditions.
Response Timing and Format
We endeavor to respond to a VCR in compliance with the conditions set forth above within 45 days of its receipt. We may extend such time period up to 90 days if reasonably necessary and we will inform you of the reason and extension period in writing within the first 45-day period. We will deliver our response in a readily usable format by mail or electronically, at your option. Please note you do not have to register an account with us to submit a VCR. Any disclosures we provide will only cover the 12-month period preceding the VCR’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your VCR unless it is excessive, repetitive, or manifestly unfounded. If we determine that such VCR requires a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Unless permitted by CCPA, we will not discriminate against you because you exercise or intend to exercise any of your CCPA rights described above, including without limitation to:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We do not sell Personal Information collected from children under the age of 16. When we collect your Personal Information, we ask you whether you are 16 years old or older. If we have actual knowledge that we (1) have collected Personal Information of a person under the age of 16 or a person under the age of 13 without the consent of his or her parent or guardian or (2) such person has otherwise provided us with his or her Personal Information, we provide notice to him or her and his or her parent or guardian if he or she is under 13 years old of such collection or provision of Personal Information as well all clear instructions on how request and obtain the deletion or removal of such Personal Information by calling dLibrary Japan Customer Service Center (1-877-631-1133) or submitting the Inquiry Form available at https://dlibjapan.net/ccpa_inquiry_form
Questions Concerning This Privacy Notice
If you have any questions about this Privacy Notice, please feel free to contact us by submitting the Inquiry Form available at https://dlibjapan.net/online-inquiry