1. Introduction
1.1. This KIOTRIP Service Agreement (the "Agreement") includes the terms, conditions, personal data processing notices and regulations on the use of services and products in/under the KIOTRIP App (the "Platform"), which are owned and/or operated and/or managed by KIOTRIP CO., LTD (the "Service").
1.2. In order to use any of the Services under the KIOTRIP App, the User needs to agree to all the terms and conditions of this Agreement; In case the User does not agree to any of the terms of this Agreement, the User shall immediately terminate the use of the Services.
1.3. The careful reading and agreement to the KIOTRIP service use agreement is understood as the User agrees to have read, understood, explained and committed to comply with all prescribed principles, association and integration regulations (if any, hereinafter collectively referred to as the "Regulation, policies") in this Agreement. In the event of any conflict between the terms of this Agreement and the Affiliate Regulation, the terms of this Agreement shall prevail.
1.4. To the extent permitted by law, in case the User does not agree with part or all of this Agreement, We have the right to restrict, stop or cancel the provision of products and services to the User due to insufficient information and data to provide products, services to the User.
1.5. KIOTRIP reserves the right to amend or supplement any and all of the contents of this Agreement at any time without prior notice or prior consent of the User.
2. Definitions
KIOTRIP; We: KIOTRIP CO.,LTD, is a party to this Agreement.
User/ You/ Data Subject: Refers to any individual or entity using the Service, is the individual reflected by the personal data, is the other party to be bound by this Agreement and other procedures, regulations, community policies, and associated policies (if any).
Platform: All products under the Kiotrip App including but not limited to Kiotrip software and products that require the use of an Account, are provided by KIOTRIP CO.,LTD.
Account: This is the data required to log in to the Platform.
Device: means the physical hardware used to access the Account for the purpose of using the Service.
User Content: Content in the form of text, images, sounds, and other forms of expression uploaded by the User to the Platform in accordance with this Agreement.
3. Account
3.1. In order to use the Service, the User needs to register an Account. The User undertakes that the use of the Account must comply with the provisions of this Agreement, and the User undertakes to provide us with information to register/update the Account information to be accurate and complete. We are not responsible in case the information provided by the User is incorrect, affecting or restricting the rights of the User.
3.2. The User clearly understands and agrees that, in order to improve the efficiency of using system resources, in case the User does not log in and use the Account within 45 days from the last login, KIOTRIP has the right (but not the obligation) to delete the User's entire account along with all of the User's Data. If the User wishes to use the Service again, the User needs to create a new Account to access and use the Service.
3.3. The User shall bear all responsibilities, including legal and legal liability, for all activities and acts carried out through the account during the use of the service. In case of any loss or damage arising from the disclosure of the User's account information and/or password, KIOTRIP will not be responsible for compensating the User.
4. Acts of violation
4.1. Copying, modifying, reproducing, creating new products or versions arising on the basis of this Platform.
4.2. Sell, transfer, sublicense, disclose or otherwise transfer or make part or all of the data that constitutes the Platform to any third party except for those parts of the data that the User is the rightful owner.
4.3. Move, remove, alter any legitimate notices or signs of the Platform (including but not limited to copyright notices).
4.4. Redesign, compile, disassemble, edit, reverse engineer the design of the Platform or the Platform content.
4.5. Change or cancel the original status of the Platform.
4.6. Taking advantage of the Platform to perform any actions that harm KIOTRIP's information safety and cybersecurity, including but not limited to using data or accessing unauthorized system servers or accounts; access to the network to delete, edit and add information; distribute malicious programs, viruses, or take any other action to harm or destroy the network.
4.7. Log in and use the Service using a compatible third-party software or system not developed, licensed or approved by KIOTRIP.
4.8. Use, sell, lend, copy, edit, link to, translate, publish, publish information related to the Platform, build copy/fake websites to publish such information or to develop derivative products, work or services.
4.9. Taking advantage of the Platform to post, transfer, transmit or archive information that violates the Law, sensitive contents, violations of the fine customs and customs of the nation; racist and divisive; insulting or harming the legitimate rights and interests of individuals or organizations.
4.10. Use the Platform to use, post, transfer, transmit or store any content that infringes the intellectual property rights, trade secrets or legal rights of third parties;
4.11. Taking advantage of the Platform or other services provided by KIOTRIP in any form of violation of the Law, for any illegal purpose and/or harassment, negatively impacting the experience of other Users.
4.12. Taking advantage of products created from AI deployed by the Company to edit or change for purposes that violate legal regulations, or contrary to ethics and fine customs.
4.13. Violating the Community Policy and other forms and acts of violating the law.
5. Collection, Use, and Protection of User Information
By using the Account to log in and use the Service, the User agrees and agrees that we have the right to apply technical measures for the purpose of collecting and processing data related to the User's Account (hereinafter referred to as "Account Information"). We collect and process basic personal information and sensitive personal data of Users, specifically as follows:
5.1. Basic personal data provided by the User, including:
i. Personal data information provided by the User for the purpose of identifying the User when creating an Account as well as during the User's use of the Service, including: Username, phone number, full name, age, gender, family relationship, personal image, etc e-mail.
ii. Content that the User initiates publicly or actively provides to Us during the use of the Service includes but is not limited to: Public descriptions; profile picture, cover photo; custom contact name; survey information Users fill in through the Platform.
iii. In case the User is a representative of a legal entity, organization or enterprise: Name of the legal entity, organization or enterprise; Enterprise identification number, tax identification number; Address of the registration office; Contact address; Legal representative and information of the legal representative such as the individual User in 5.1 (i); Duty; Admin email address; The name of the account administrator; The phone number of the account administrator.
5.2. Basic personal data actively collected by us, including:
i. Application, Device, and Network Information: information related to the operating system, Device such as version, default language, signal quality from the Device, cookie information, IP address, power level, application interaction data, connection status, crash data, etc. performance, operating system, browser, network information, and similar data types.
ii. Account activities when using the Platform: The time and frequency of the Account activities on the Platform, the activities that the User performs through the Account, and incident reports.
iii. Information when the User updates his or her contact information/personal information via the Request Form at KIOTRIP's headquarters.
5.3. Sensitive personal data provided by the User, including:
i. Location Information: Under the User's consent through the operating system to actively grant permission to the GPS Data Access Platform.
5.4. TAMUNO collects Account Information for the purpose of providing stable and secure Services to all Users. The data we collect and the use of such data will depend on the needs and how you use the Services, as well as how you manage your security controls. The purposes of data collection and processing include:
i. To provide services: We use Account Information to create an Account, identify Users, and serve the functions that Users wish to use on the Platform.
ii. To propose personalized content: We use Account Information to tailor and provide personalized content that is tailored to the needs and interests of Users.
iii. To research and develop features and services: We use Account Information to understand trends, build statistics, assess risks, understand the User's needs to use the Service to predict and design new features and services as well as to maintain and improve features, service available. In addition, this information also helps us troubleshoot technical problems and detect fraud (if any).
iv. Ensuring the stability and safety of the service: We use Account Information for security purposes, ensuring that Users and other users are protected from the risks of information security when using the platform as well as protecting the platform from being exploited for purposes not permitted by this Agreement.
v. To communicate with the User: We communicate and respond to requests from the User using the Account Information provided by the User, including the User's contact information.
vi. For the purpose of advertising and marketing products and services of TAMUNO and its subsidiaries and affiliated companies and/or advertising products and services of third parties.
vii. Assist in fulfilling the User's requests for services outside the Platform.
viii. To meet legal procedures, comply with the provisions of current law and at the request of competent state agencies.
ix. To prevent fraud, prevent activities of intrusion, theft of User accounts or activities of impersonating Users.
x. To prevent illegal acts.
xi. To serve other purposes related to the business activities of the Platform that KIOTRIP deems appropriate from time to time.
5.7. Protection of Personal Data of Users under the age of 18
i. Service Provider does not use the App to knowingly collect data from or market to children under the age of 18.
ii. The application does not mention anyone under the age of 18. The service provider does not knowingly collect personally identifiable information from children under the age of 18. In the event that the Service Provider discovers that a child under the age of 18 has provided personal information, the Service Provider will immediately delete this from their servers. If you are a parent or guardian and you know that your child has provided us with personal information, please contact the Service Provider (contact@kiotrip.com) so that they will be able to take the necessary actions.
5.8. Data sharing:
i. We share User information with KIOTRIP Companies, including subsidiaries, member companies, and affiliated companies of KIOTRIP for one or more of the aforementioned collection purposes.
ii. We will share the User's Account Information with the User's permission or request to third parties. This is also the unit that the User wishes to access and/or has allowed a third party to access its data to expedite the necessary steps to implement the provision of goods/services or other benefits to the User.
iii. Sharing data in other cases as prescribed by law.
iv. In the event that it is necessary to share the User's information in accordance with the clauses in 5.8. (i) (ii) (iii), we require the Parties to comply with the guidelines, regulations and requirements to protect the information shared in accordance with the law.
5.9. Retention Period of Account Information: The User's account information will be stored for a period of time necessary to meet the provision of the Service under this Agreement or in accordance with the provisions of the Law.
5.10. Update, modify, delete Account Information:
i. By logging in to his/her Account, the User may access the feature of modifying, deleting the account, withdrawing consent to the account information provided by the User-interface operations of the Platform, or sending a document to the headquarters of KIOTRIP Company to request the implementation of the change.
ii. In case the User does not agree to continue to allow KIOTRIP to collect and use the User's Account Information, in addition to the User may actively disable access on the Platform or directly go to KIOTRIP's headquarters to make relevant requests.
iii. All information related to the rights of the Data Subject shall be filled in the request form at the headquarters of KIOTRIP Company at the address mentioned in Section 10 of this Service Agreement and there will be a dedicated department to guide the User to complete the request. Please note that we will verify the User's identity for the purpose of protecting the User's interests before proceeding with the processing.
iv. We may only comply with Your request for the Account Information we have collected and You have consented to the processing in Article 5 of this Agreement.
6. Cases of processing personal data without the consent of the User
6.1. In case of emergency, it is necessary to immediately process personal data related to the protection of the life and health of the User or others.
6.2. The sharing of personal data in accordance with the law.
6.3. The processing of data by competent state agencies in case of national defense and security emergencies, social order, major disasters or dangerous epidemics; when there is a risk of threatening security and national defense but not to the extent of declaring a state of emergency; to prevent and combat riots, terrorism, crimes and violations of law in accordance with law.
6.4. To perform the contractual obligations of the data subject with relevant agencies, organizations and individuals in accordance with the provisions of law.
6.5. Serving the activities of state agencies prescribed by specialized laws.
7. Information Security
7.1. KIOTRIP is constantly striving to protect Users from information security risks. Technically, the Platform continuously maintains the integration of strong and in-depth security features to protect the User's Account Information stored and processed securely. We provide a number of tools that Users can choose from and use through the user interface to control Account Information; security risk warning feature when accessing links to websites detected by KIOTRIP's technical system.
7.2. However, the User agrees that the level of security depends on the User's Device, the User's internet connection or internal connection, and other factors that are the responsibility of the Third Party. The User understands and accepts the security risks (if any) when using the Service.
7.3. KIOTRIP is committed to protecting the privacy and confidentiality of the User's information.
8. Rights of Data Subjects
8.1. Right to withdraw consent, restriction and objection to the processing of personal data, deletion of personal data:
i. After confirming the agreement to this Agreement, during the use of the Platform, the User has the right to withdraw the consent, request to restrict, object to the processing of personal data and/or delete personal data. The Platform will carry out necessary procedures to terminate and restrict the processing of personal data according to the duration, scope and other contents requested by the User after properly and fully implementing the procedures to initiate a valid request.
ii. The request is considered valid when it is carried out according to the actual procedures and properly and fully meets all the conditions prescribed as follows:
· Performed by the User himself without having to be represented or authorized in any form, except for cases required by law to be done through representation or authorization.
· The User understands and agrees to be responsible for all consequences and damages that may occur due to the act of withdrawing consent, making a request for restriction, objecting to the processing of personal data and/or deleting personal data (if any).
iii. KIOTRIP has the right to refuse to fulfill all requests of the User if the request does not meet the valid conditions specified in 8.1 (ii).
iv. In case the request meets the prescribed conditions, the Platform will carry out necessary procedures to terminate, restrict the processing of personal data and/or delete personal data within the time, scope and other contents requested by the User within 72 (seventy-two) hours from the time the User sends a valid request.
v. The withdrawal of consent, request to restrict, object to the processing of personal data and/or deletion of personal data does not affect the lawfulness of the processing of personal data that the Platform and/or the Third Party has carried out before the time the Platform and/or the Third Party completes the termination, restrict the processing of personal data and/or delete personal data.
8.2. Right to provide personal data:
i. The User is required to provide personal data by the Platform after the User has properly and fully carried out the procedures to initiate a valid request in accordance with the regulations on receiving and processing requests of the Platform.
ii. The Platform shall provide personal data within 72 (seventy-two) hours after receiving a valid request.
8.3. Right to rectification of personal data:
i. The Platform provides Users with the ability to access and edit their personal profile data freely.
ii. In case it is not possible to edit it directly by yourself for technical reasons or for other reasons, the User may request the Platform to correct his/her personal data by means of a Request Form at KIOTRIP's headquarters.
iii. The Platform shall edit personal data after verifying the User and obtain the User's consent as soon as possible or in accordance with the law. In case this is not possible, the Platform will notify the User within 72 (seventy-two) hours from the receipt of the request to correct personal data.
9. User-Generated Content
"User Content" means any Content created by a user (a registered Talent owner). By providing any User Content through the Services, you are subject to the following guidelines:
KIOTRIP is a place for the Vietnamese community in Japan to exchange, discuss and share information about life, work, and Japan. We provide this space for meaningful, relevant and beneficial discussions for all Vietnamese in Japan - with that in mind, We invite users to participate in these community forums in a way that is relevant and beneficial to others.
The following rules help people on KIOTRIP.COM have a safe and productive experience:
Be kind, be respectful
Interact with others in a constructive way. Let's say that everyone on KIOTRIP is here to make this platform a great resource - users have a variety of platforms, beliefs, and opinions. It's okay to disagree, but be polite, respectful, and considerate to other members, including all members of the KIOTRIP Group.
No hateful words
KIOTRIP is a place to discuss the topic of Travel community in the world - KIOTRIP does not accept content that attacks or demeans an individual or group based on race, gender, religion, nationality, ethnicity, political group, sexual orientation or other similar characteristics.
No harassment and bullying
Abuse targeting individuals and private entities is not allowed. That includes KIOTRIP employees and the company in general. Repetitive and unwanted communication constitutes a form of harassment. There is no minimum service guarantee with KIOTRIP.COM – this is a free space where announcements, guidance and questions can be given. If your question isn't answered quickly enough, you'll need to consider live support.
We welcome discussions around the use of the KIOTRIP app, but if you are not satisfied with a certain result, please avoid downplaying the KIOTRIP team in your comments, we all expect constructive results and personal attacks will not be tolerated.
Be positive and purposeful in your communication
People are using this platform to learn, share and answer questions about the development of the Vietnamese community in Japan on KIOTRIP If you have a meaningful question that needs to be answered, please ask! If you feel you can answer a question in a valuable way, please answer! But in your questions and answers, please avoid using sarcasm or misleading information. So irony can be misunderstood and misleading information can cause significant discomfort to others.
It is strictly forbidden to post objectionable content or abusive users posting content such as:
Sexual and adult content: Depictions or images of sexual acts or implied sexual activity; graphic photos or videos.
Potentially illegal group activity: Creating groups that promote illegal or harmful gatherings; denial-of-service attacks; activities that cause service interruptions; extreme political or religious acts.
We may, in our sole discretion, remove, edit or disable any User Content at any time and for any reason, including if we determine that User Content violates the above rules. We do not assume any responsibility or liability with respect to User Content, for the deletion or non-deletion of such User Content or other Content. We pre-screen or pre-review User-generated Content, but sometimes it is inevitable to miss bad content, if users see objectionable content, please immediately send us a notification by clicking on the report button or sending an email to contact@kiotrip.com so that we know.
10. Intellectual Property
The Platform is developed by KIOTRIP, except for User Content uploaded to the Platform, all intellectual property rights related to the Platform including but not limited to source code, images, data, information, content contained in the Platform; amendments, supplements, updates of the Platform and related instructional documents (if any) shall be solely owned by KIOTRIP and no person or organization is allowed to copy, reproduce, distribute, or otherwise infringe upon the rights of the owner without the written consent and permission of KIOTRIP.
11. Use of Paid Services
The services offered on the Platform are currently free of charge. In addition, We will implement no fees or charges for Users of some Services. The fees corresponding to each service use package (if any) will be announced by KIOTRIP to the User, select the appropriate service use package at appropriate times. In case the User chooses the Paid Services (if any), the service fee will be collected according to the regulations of the Apple Store or Play Store.
12. Notes on Use
12.1. In the process of using the Service, the User must be very careful when deciding to approach and exchange information with other Accounts labeled "Strangers". If the User detects that the Stranger shows signs of fraud or committing a crime, please report it to us via email contact@kiotrip.com, the bad news feature is built into the Platform or the competent authority.
12.2. We only provide services to Users who are 18 years of age or older.
12.3. Users are kindly requested to return to this page regularly to update the Terms, in order to ensure Your rights and responsibilities during the use of the service.
13. Personal Data Processing Contact Information and Breach Reporting
13.1. If the User believes that any Content publicly released through the Platform shows signs of violating the rights of the User, the rights of any third party or violating the provisions of the Law, please notify us. A notice is considered valid if it contains all of the following information:
· Title: Report a Violation
· Information of the complainant (full name, email, contact phone number...)
· Violating information (texts, photos, links, videos...)
13.2. KIOTRIP will review and process each notice of infringement received by us and we will take reasonable steps to re-notify the result after handling the violation to the complaining party.
13.3. Any Notice of Proposed Breach must be sent to the email address, or directly contact:
Attn: KIOTRIP Personal Data Protection Department – KIOTRIP CO.,LTD
Address:
In Vietnam: 4th Floor, Times Tower Building, No. 35 Le Van Luong, Nhan Chinh Ward, Thanh Xuan District, Hanoi City, Vietnam
· E-mail: contact@kiotrip.com
13.4. In case the User has any questions regarding the Personal Data Protection Regulation or matters related to the rights of the Data Subject or the processing of the User's personal data, the User should contact directly:
Address: 4th Floor, Times Tower Building, No. 35 Le Van Luong, Nhan Chinh Ward, Thanh Xuan District, Hanoi City, Vietnam
14. Handling of violations
14.1. We will use two systems to moderate violations in parallel and check the authenticity of public content by: (i) a team of moderators; (ii) Automated moderation using machine learning and artificial intelligence.
14.2. In case the User violates any of the provisions of this Agreement, KIOTRIP has the right to immediately block the User's Account or request identity verification and/or delete all infringing information and content, and depending on the nature and severity of the violation, The User shall be liable before the competent authority, KIOTRIP and Third Parties for any damages caused by or resulting from the User's violation.
15. Disclaimer of Warranties
15.1. Although we make every effort to maintain the stability of the Service, such efforts may not meet all expectations of the User. Except as expressly provided in this Agreement, whether express or implied, KIOTRIP does not make any warranties including but not limited to warranties of the stability of the Service, information security, and the authenticity of the information received by the User during the use of the Service.
15.2. In any event, the User warrants that the User shall release KIOTRIP from any liability related to any loss, damage, expense under any cause of action caused by the User's use of, or inability to use the Service.
15.3. KIOTRIP will apply necessary technical, security and confidentiality measures in accordance with the provisions of the Law and according to KIOTRIP's quality statements and commitments to keep the User's personal information confidential. However, the risks associated with the provision and security of personal data, whether provided in person, by telephone or via the internet or through technical means will always be latent and NO TECHNICAL SYSTEM OR SECURITY OR SECURITY MEASURES ARE ABSOLUTELY SAFE or can be resisted against all "hackers", "tamper" (unauthorized intruders to search for information); therefore, in the event that the User's personal information is exposed due to hacking or other causes beyond the control of KIOTRIP, the User hereby agrees to release KIOTRIP from all related liabilities.
15.4. To the extent permitted by applicable Law, the User agrees to indemnify KIOTRIP for any proceedings related to Third Parties arising out of or in connection with claims about the User's use of the Service, or violation of the Agreement. This indemnification clause includes any liability or costs arising from claims, losses, damages, judgments, fines, litigation costs, and legal costs.
15.5. Before carrying out and completing the procedures for requesting the exercise of the rights of the Data Subject, the User is responsible for researching, understanding and being aware of the legal consequences, responsibilities and corresponding rights of KIOTRIP that may occur when exercising the rights of the Data Subject. The data subject's taking one or simultaneous actions to withdraw consent, request for restriction, objection to the processing of personal data and/or deletion of personal data may lead to one or both legal consequences and/or damages that the Platform suffers or is at risk of suffering. including but not limited to:
· Violating the law if continuing to exercise the right of data subjects.
· Violating the contract or written agreement on the processing of personal data entered into with a third party.
· The platform must suffer economic losses stemming from violations of law or contracts.
In case KIOTRIP reasonably considers that there may be potential legal consequences and/or damages stated above, KIOTRIP has the right to consider and decide to unilaterally terminate the implementation of the data subject's requests.
16. Validity of the agreement
16.1 As necessary, We may amend, update or adjust the contents of this Agreement at any time, and the latest version of the Agreement will be posted on our Official Platform. You agree that you will periodically check the Terms of Use section on the Platform to always have access to the most recently updated version.
16.2 In the event that one or more of the terms of this Agreement for the provision and use of KIOTRIP services conflict with the provisions of the laws of Vietnam, such provision shall be amended to conform to the provisions of the applicable law, and the remainder of the Agreement shall remain in full force and effect.
Sincerely thank the User for using KIOTRIP's products and Services.
Contact information: KIOTRIP CO.,LTD
Address:
In Vietnam: 4th Floor, Times Tower Building, No. 35 Le Van Luong, Nhan Chinh Ward, Thanh Xuan District, Hanoi City, Vietnam
E-mail: contact@kiotrip.com