This Agreement for Using the "SHARP LIFE AIR" Application (hereinafter called the "Agreement") describes the user conditions upon which you (hereinafter called as "Customer", "Customers" or "you") use the services (hereinafter called the "Service" or "Services"), including the services to be provided by using the various functions achieved by linking this App (as defined below) to the Applicable Devices (as defined below), and provided to Customers who own Applicable Devises manufactured by Sharp Corporation, a Japanese corporation (hereinafter called "SHARP") by means of the App supplied for Terminals (as defined below). For using this Service, you shall read and understand the details of this Agreement, and agree to them before use.
The terms used in this agreement are as defined below.
(1) Basic Services for Applicable Air Purifiers
For the handling of personal information, use information, and sensor information, etc., acquired by SHARP in providing this Service, see the separately-defined "Privacy Notice for SHARP LIFE AIR ". Upon using this Service, you shall agree to accept the "Privacy Notice for SHARP LIFE AIR".
The area to which this Service is provided shall be all of the following: [Poland, Germany, Spain, Italy, France, UK and Austria]. This Service cannot be used in any other countries.
SHARP may have your Terminals and/or Applicable Devices displayed and/or spoken the information or advertising about SHARP or third-party.
Unless otherwise specified, this Service is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content made available via the Service.
In using this Service, you must never implement the following actions. Further, SHARP may stop to provide the Service or take other suitable measures if SHARP judges that you have implemented or are at risk of implementing the following actions with regard to the Service.
IN NO EVENT WILL SHARP AND/OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE OR OTHER LOSS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, "HANDLING PERSONAL INFORMATION", THE SERVICE AND/OR ANY CONTENT PROVIDED THEREIN OTHER THAN LOSSES DUE TO THE NEGLIGENCE OF SHARP AND/OR ITS AFFILIATES. THIS PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY. YOU HEREBY RELEASE SHARP AND/OR ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
FOR THE AVOIDANCE OF DOUBT, THE PROVISIONS UNDER THIS CLAUSE 20 SHALL ONLY BE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS.
SHARP permits Customers the rights (which cannot be assigned or reauthorized) to the non-exclusive use of the Service for one purpose of use only. Copyright and all other intellectual property rights pertaining to the Supplied content belongs either to SHARP or to a third party who has received permission for their use from SHARP. Use of the Supplied content by the Customer beyond the scope of the use rights is prohibited.
Use the following inquiries page for any inquiries pertaining to this service.
https://global.sharp/smartapp/air/support/
You shall not assign, lend or otherwise dispose of your rights and obligations under this Agreement.
Intellectual property rights pertaining to this Service belongs either to SHARP or to a third party who has received permission for their use from SHARP. The provision of this Service to Customers in accordance with this Agreement does not mean that any rights have been transferred to the Customer.
SHARP refuses use to antisocial forces (criminal gangs, members of criminal gangs, and their associates) and any other such associates. If the Customer is judged to be an antisocial force or an associate thereof, SHARP will cancel their contract based on this Agreement with the Customer, and stop all Customer use qualifications.
If any provision of this Agreement becomes void or unenforceable, this shall not render any other part of the Agreement void or unenforceable. If a court deems a provision of this Agreement to be void or unenforceable, such provision shall be narrowly interpreted to the extent necessary for it to become valid and enforceable.
SHARP shall in no way be liable for any delay or failure in its performance to the extent such delay or failure is caused or is a result of acts beyond SHARP's reasonable control, including, but not limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of SHARP.
This Agreement constitute the entire agreement between you and SHARP concerning the use of this Service and supersede any and all statements or other agreements, whether oral or written, between you and SHARP. This Agreement may not be altered, edited, supplemented or amended in any manner and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by you and an authorized representative of SHARP in writing.
This Agreement is prepared in English or other languages. If there are any discrepancies among them, the English version shall prevail.
Sharp Corporation
We will process your personal data in compliance with every applicable law and any laws that replace them in the future (including the European Union’s General Data Protection Regulation, Regulation (EU) 2016/679 (“GDPR”).
In this notice, we provide information based on such laws related to processing your personal data. This notice sets out the basis on which any personal data that you provide to us, or that we obtain about you from other sources, will be processed by us. Please take the time to read and understand this notice.
For the purpose of data protection law, SHARP Corporation / Japan (“we”,“us”and“our”) is a data controller in respect of your personal data. And we are committed to respecting your privacy.
(a)Our main office address: 3-1-72 Kita Kamei-cho, Yao City, Osaka
(b)Our phone number: +81 - 6 – 6791 - 7301
(c)Our inquiry form / E-mail address: air_support@sharp.co.jp
In this notice:
(a)your “personal data” means any data which relates to you and from which you can be identified.;
(b)our “affiliates” means our subsidiaries; and
(c)“processing” means any activity or operation that is carried out in respect of your personal data, such as collecting, storing, using, transferring or deleting it.
(d)“SHARP LIFE AIR APP” means the smartphone application which enables you to operate your Connectable SHARP brand air purifier through your smartphone.
(e)“Connectable SHARP brand air purifier” means the SHARP brand air purifier connected to a wireless adapter or with a built-in wireless adapter.
We will collect and process the following personal data about you (collected through your Connectable SHARP brand air purifier and your smartphone in which you downloaded SHARP LIFE AIR APP). Such information generally includes your name, e-mail address, your air purifier operation data such as sensor information, operation mode/history, product and filter status, timer settings, power consumption, IP address, MAC address GPS information and country. The collected information varies depending on the function you choose in SHARP LIFE AIR APP.
There may be circumstances where the provision of our service results in collecting other types of personal data from you. If so, then we will protect such personal data to the same high standards explained in this policy and take any additional steps necessary to ensure we process such personal data in accordance with applicable laws.
The legal basis for the processing of your personal data is:
Legitimate Interests.This is where the processing of your personal data is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.
Performance of a contract. This is where we need to process your personal data to perform the contract we enter into with you.
Explicit consent. This is where you have given consent for us to process your personal data. However, even if we obtain consent from you, we may process your personal data based on other legal grounds. The withdrawal of your consent (please see Section 9(c) of this Privacy Policy below) shall not affect the lawfulness of processing performed based on the consent before your withdrawal.
We use the personal data that we hold about you for the following purposes:
We do not process your “sensitive data” (information about your race, ethnic origin, religion, physical or mental health, political opinions, sexual life, any actual or alleged criminal offences, and genetic and biometric data).
We may share your personal data with recipients in the situations described below:
(a)Internal Use for us: Employees of us or our affiliates who are authorised and need to access these data.
(b)Affiliates: We share your personal data with our affiliates for internal administrative purposes and uses that are consistent with this Notice.
(c)Legal Process and Safety: We may disclose your personal data to legal or government regulatory authorities as required by applicable law. We may also disclose your personal data to third parties as required by applicable law in connection with claims, disputes or litigation, when otherwise required by applicable law, or if we determine its disclosure is necessary to protect the health and safety of you or others, or to enforce our legal rights or contractual commitments that you have made.
(e)Business Transfers: Your personal data may be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, and could be transferred to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership.
The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us, for our affiliates or for one of our suppliers.
Where we transfer your personal data outside the EEA, we will ensure that:
(a)the recipient destination has been subject to a finding from the European Commission that it ensures an adequate level of protection for the rights and freedoms that you possess in respect of your personal data; or
(b)the recipient enters into standard data protection clauses with us that have been approved by the European Commission.
You can obtain more details of the protection given to your personal data when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your personal data) by contacting us in accordance with the information about us in Section 2.
We will retain the personal data that we collect about you as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer period is demanded by applicable laws.
(a)Access, rectification, erasure, restriction, data portability
Subject to the statutory requirements, the fulfilment of which must be assessed on a case-by-case basis, you have the following rights:
- Request from us access to your personal data pursuant to Art. 15 GDPR
You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and certain related information.
- Request from us rectification of your personal data pursuant to Art. 16 GDPR
You have the right to obtain from us the rectification of inaccurate personal data concerning you without undue delay, and to complete any incomplete personal data.
- Request from us erasure of your personal data pursuant to Art. 17 GDPR
You have the right to obtain from us the erasure of personal data concerning you without undue delay, when certain legal conditions apply.
- Request from us restriction of processing pursuant to Art. 18 GDPR
You have the right to obtain from us the restriction of processing of personal data, when certain legal conditions apply.
- Right to data portability pursuant to Art. 20 GDPR
You have the right to receive your personal data in a structured, commonly used and machine-readable format, and have the right to transmit those data to another controller without our hindrance, when certain legal conditions apply.
(b)Right to object
Subject to the statutory requirements, the fulfilment of which must be assessed on a case-by-case basis, you also have the right to object to the processing of your personal data.
Where personal data are processed for direct marketing purposes (see section 5 above), you have the right to object at any time to processing of personal data concerning you for such marketing pursuant to Art. 21 (2) GDPR.
(c)Right to withdraw consent
Where the processing is based on your consent (Art. 6(1)(a) or Art. 9(2)(a) GDPR (see section 5 above), you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
(d)Right to lodge a complaint
If you have any complaints regarding our privacy practices in the EEA, you have the right to lodge a complaint with your national data protection authority (i.e., supervisory authority).
Questions, comments and requests regarding this privacy notice are welcome. Please contact us using the information about us in Section 2.
Sharp Corporation