Zutool Privacy Policy

  • Pocke, Inc. (hereinafter referred as “Company” or “we”, “us”) handles personal data including the data obtained from its customers (“User” or “Users”) in accordance with the following policy when they use the Company’s service Zutool (“Service”).
  • In this Privacy Policy the Company informs the Users about data processing in connection with using the Service (Free Service and Premium Service).
  • The Company will take security measures in order to prevent leakage of, loss of, or damage to, the Users’ personal information.

I. Who is responsible for data processing?

  • Responsible for data process
  • 1.Controller
  • Data Manager
  • Pocke, Inc. (https://www.pocke.co.jp/)
  • Contact: zutoolglobal@pocke.tv
  • Address: NEX Shinjuku Building 4F, Sendagaya 5-34-7, Shibuya-ku, Tokyo
  • 2. General Data Protection Regulation (GDPR) - European Representative
  • Pursuant to Article 27 of the General Data Protection Regulation (GDPR), POCKE, INC. has appointed European Data Protection Office (EDPO) as its GDPR representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR by:
  • - using EDPO’s online request form: https://edpo.com/gdpr-data-request/
  • - writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium
  • Regarding UK Representative services, a similar wording as the one you use regarding EU Representative services can be used. It would therefore look like this on your company’s privacy policy:
  • 3.UK General Data Protection Regulation (GDPR) ? UK Representative
  • Pursuant to Article 27 of the UK GDPR, POCKE, INC. has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR:
  • -by using EDPO UK’s online request form: https://edpo.com/uk-gdpr-data-request/
  • -by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom

II. Data Processing in general

  • 1.The purpose of the data processing
  • The Company only processes data if this is necessary for specific purposes. The purposes of the use for the personal data are described in detail in section III (2) below.
  • Personal data will not be collected and used beyond the scope necessary for achieving the purposes (hereinafter referred to as “non-purpose use”). The Company prohibits non-purpose use. The Company will inform the User in advance if a non-purpose use becomes necessary, and will obtain the User’s consent before using personal data for the non-purpose use.
  • 2.The Legal Basis for data processing
  • We collect and use personal data only if we have one or more lawful grounds for doing so. You find more details on the legal basis for data processing in connection with the use of our Service in section III. below.
  • 3.The consent process for collection of data
  • We process some of your data based on your consent. Users give their consent by agreeing with this privacy policy by checking the box stating “I accept the Privacy Policy,” which is shown on the screen of the User’s device before starting the service. If necessary, the Company may obtain consent of a User by any other appropriate means.
  • 4.Whether third parties will receive the data, what categories will be transferred and what processing contracts are in place
  • Firebase (Google Inc.) or other third parties may automatically acquire a User’s personal information as described in detail in section III (1) and section IV (1) below.
  • 5.Whether the data controller will transfer data to third party countries outside of the EU and what measures will be taken to secure that data
  • The Users’ data will be transferred to Japan, where the data manager is located. The data will be secured by sufficient and appropriate measures pursuant to the relevant laws and regulations.

III. Data Processing when using the features of the Service

  • 1. Obtaining personal information and data processing
  • The Company may process a User’s information through the Free Service and Premium Service after obtaining a User’s consent as follows:
  • 1.1. For the fulfilment of contractual obligations
    In order to provide our Service, the Company collects and uses certain personal data. This includes:
    • Registration information provided by a User when the User starts the Service after downloading the app such as User’s birth date, gender, email address, pass code for the Service, and the purpose of the use of the Service.
    • User personal information recorded by a User during the use of the Service (both the Free and the Premium Service) such as prescribed medicines and non-prescription drugs taken for headache, the degree of the headache, and the date when the User had a headache and took the medicine.
    • Information created during use of the Service (both the Free and the Premium Service), including:
    • Location information: GPS information from a User’s mobile device.
    • Usage information: History of access to information from the Service, Cookie information, and agents of the User.
    • Device information: Information about the devices used to access the Service, including the hardware model, device IP address, operating system and version, software, preferred language, unique device identifier, advertising identifier, serial number, device motion data, and mobile network data.
  • 1.2 For the fulfillment of the legitimate interest
    In order to analyze the usage data for improving the Service, the Company collects and uses certain personal data. This includes:
  • IP address, password, email address, phone number, user agents, mobile advertisement ID, IDFV or Android ID, Instance ID, Analytics App Instance ID, crash trace and images uploaded by a User
  • We use Firebase Inc. as a data processor for the above mentioned purpose. Firebase Inc. processes data only on our behalf. You find more information on Firebase in section IV. 1. (1) below).
  • 1.3. For the fulfillment of the Company’s legal obligation
    The Company may share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.
  • 1.4. With Consent
    Based on the User’s consent, the Company may collect and use certain personal data including Information created during use of the Service such as history of access to advertisements within the Service and behavioral history arising from those advertisements, and advertisement identifiers (IDFA or Google Advertising ID).
  • In this context, some of your data may be processed by Google Inc. (in AdMob), who processes data under its own responsibility. You find more information on data processing in connection AdMob in section IV. 1. (2) below.
  • You have the right to revoke your consent. You find more information on your rights in section VI. below.
  • 2. Purpose of use of information
  • User information that we collect may be used for the following purposes:
    • To authenticate the use of the Service
    • To provide the Service and other services for Users
    • To respond to customer inquiries in relation to the Service
    • To make efforts to cope with the violations of our Company’s regulations and policies regarding the Service
    • To make efforts to improve and customize the Service in the interests of our Users, including research and analysis
    • To inform Users about conspicuous impacts or influences on our Service, outstanding alterations of the Service, or suspension of the Service etc.
    • To provide Users with information on services and products of our Company, advertisers, and other affiliated companies.
    • Other similar purposes

    IV. Data Processing by Third Parties, Transfer of Data to Third Countries

    • 1. Providing Users’ information to third parties
    • (1) Firebase
      This application uses Firebase (Google Inc.) as a tool to collect usage data of the Service as a reference for future development of the Service. Google Inc. may automatically acquire a User’s personal information for this purpose. Google Inc. processes data on behalf of the Company.
    • For the Company’s legitimate interest, Google Inc. may process the personal data including:
    • IP address, password, email address, phone number, user agents, mobile advertisement ID, IDFV or Android ID, Instance ID, Analytics App Instance ID, crash trace and images uploaded by a User
    • (2) AdMob
      This application uses AdMob (Google Inc.) as a tool to collect usage data of the application for distribution of advertisements. Google Inc. may automatically acquire a User’s personal information, and the Company and Google Inc. may process it as an independent controller of personal information.
    • Based on a User’s consent, the Company or Google Inc. may process the personal data including:
    • History of access to advertisements within the Service and behavioral history arising from those advertisements, and advertisement identifiers (IDFA or Google Advertising ID)
    • Google may also transfer data to advertising agencies.
    • For details on the processing by Google, e.g. the information that may be acquired, the purpose of use, the provision to third parties, etc., please click the following link for the Google privacy policy.
    • 2. The Company will not provide personal information to any third parties without consent of the User, except as permitted pursuant to the Personal Information Protection Law and other related laws and regulations, and in the following cases:
      • When entrusting an individual or entity to handle all or any part of personal information within the purpose of use;
      • When a User’s personal information is transferred to an individual or entity following a merger or acquisition, etc.; or
      • When required by court order.
    • 3. The Company may provide or disclose statistical information that does not identify individual users.
    • 4. Transfer of the Users’ information
    • The Company may transfer the Users’ information that is obtained overseas to Japan in order to handle, process, and store that information inside Japan. The Company will take necessary measures to protect any personal information that is within the transferred Users’ information in accordance with applicable laws and ordinances.

      • V. Retention Period

      • The Company stores a User’s personal data for as long as the User maintains the User’s Service account. The Company may retain certain user information after receiving an account deletion request if there is a necessary basis for doing so, such as to comply with legal requirements.

      VI. Your Rights

      • You may assert the following rights against the Company at any time free of charge:
      • 1.Right to information
      • You have the right to request information about your personal data processed by us (Art. 15 GDPR). In particular, you may request information on the purposes of processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, erasure, restriction of processing or opposition, the existence of a right of appeal, the origin of your data if not collected by us, as well as the existence of automated decision making including profiling and, if applicable, meaningful information on the details of the data.
      • 2.Right to rectification
      • You have the right to immediately demand the correction of incorrect or incomplete personal data stored by us (Art. 16 GDPR).
      • 3.Right to erasure
      • You have the right to demand the erasure of your personal data stored with us (Art. 17 GDPR), unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
      • 4.Right to restriction of processing
      • You have the right to demand the restriction of the processing of your personal data (Art. 18 GDPR) if the accuracy of the data is disputed by you, if the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it for the assertion, exercise, or defence of legal claims, or if you have lodged an objection to the processing pursuant to Art. 21 GDPR.
      • 5.Right to object
      • You have the right to object to the processing in the following cases:
        • a)If the processing is for direct marketing purposes, including profiling related to direct marketing.
        • b)If the processing, including profiling, is based on the following legal grounds:
        • necessary for us to perform a task in the public interest under Art. 6 (1) point (e) GDPR; or
        • necessary for the data controller's or a third party's legitimate interests under Art. 6 (1) point (f) GDPR and if we are not able to demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or for the establishment, exercise, or defence of legal claims. In case of such objection, we kindly ask you to state the reasons for objecting to the data processing.
      • 6.Right to data portability
      • You have the right to receive your personal data that you have provided in a structured, common, and machine-readable format, or to request its transfer to another responsible party (Art. 20 GDPR).
      • 7.Right of revocation
      • You have the right to revoke your consent at any time. As a result, we would not be allowed to continue the data processing that was based on this consent in the future (Art. 7 (3) GDPR)
      • 8.Right to lodge a complaint
      • You have the right to complain to a regulatory agency (e.g., the supervisory authority at your usual place of residence or work) (Art. 77 GDPR).
      • When we are requested by a User in accordance with the procedures under the Personal Information Protection Law to disclose, to correct, to delete, or to restrain use of the User’s information, we will take appropriate measures within a reasonable period after confirming that the request is actually made by that User. No such measures will be taken if the Company is not obligated to do so under the Personal Information Protection Law or other related laws and regulations. A User may withdraw the User’s consent for the handling of the personal information at any time.

        • VII. Inquiries

        • Any inquiry about this privacy policy or the exercise of your rights may be communicated to zutoolglobal@pocke.tv
        • POCKE, INC.
        • Established on September 30th, 2020
        • Revised on January 22th, 2021