PRIVACY POLICY

We at Avex Pictures Inc. (“we”, “us”, “our” or “Avex Pictures”) value your privacy and are committed to taking care of your Personal Data, which is a responsibility that we take very seriously.

This Privacy Policy explains how we, as the data controller for the Gachiakuta Production Committee (“the Committee”), may use the Personal Data collected from you if you are located in the EU, the United Kingdom or California when you visit the Committee’s website at https://world-takeover.gachiakuta-anime.com/ and https://graffiti-maker.gachiakuta-anime.com/(“Website”), make inquiries regarding the Committee, apply for campaigns conducted by the Committee, or engage with the Committee in other similar ways.
It also explains how we comply with data protection legislation in the EU and the UK (EU General Data Protection Regulation “GDPR” and UK General Data Protection Regulation “UK GDPR”, which are collectively referred to as the “GDPR”), your rights under this legal framework, your rights under the California Consumer Privacy Act (“CCPA/CPRA”), the types of personal information we collect, how we use it, and your options for managing your personal information.
For information on how we use your personal data in connection with operations unrelated to the Committee, please refer to our separate Privacy Policy.

  1. 1. Definitions

    Unless otherwise indicated, capitalized terms used in this Privacy Policy are defined in the appendix at the end of this document. Most of the definitions are derived from those set out in GDPR and CCPA/CPRA.

  2. 2. What type of Personal Data do we collect from you?

    Personal Data means any information relating to you which allows us to identify you, either directly from that data or because we combine that information with other data about you.

    When you use the Committee’s Website, make inquiries about the Committee, or apply for the Committee’s campaigns, you may provide us with your Personal Data, or we may obtain Personal Data about you.

    We may process the following Personal Data:

    • Information of individuals who contacted the Committee: such as your name, address, telephone number, email address, purpose and content of the inquiry;
    • Information of individuals who participated in the campaign: such as your name, address, telephone number, email address, social media account information, information about the campaign applied for, and details of the application;
    • Internet information: including your use of and movements through the Website, the date and time of your visit or use of the Website, IP address, URL of the webpages viewed, referrer, device type and ID, OS, and browser information, country of access, browser type and plug-ins, and other IT system identifying information;
  3. 3. Where do we collect your Personal Data from?

    We will collect Personal Data from several sources. These include the following:

    Directly from you: When you contact the Committee, apply for a prize campaign or other promotional campaign, or in similar situations.

    Our website: provides us with information about how you use it and the devices that you use to connect to the Website. Like many other Websites, we use so-called “cookies”. Cookies are small text files that are stored on your device (laptop, tablet, smartphone, etc.) when you visit the Website. If you have given your consent to our use of cookies, we do so to improve the use of the Website, analyze the Website or to display advertising on the Website. You can revoke your consent to our use of cookies any time. Please refer to our Cookie Policy for more information on the cookies we use.

  4. 4. Why do we collect your Personal Data and on what legal basis?

    The table below describes the main purposes for which we process your Personal Data, the categories of your information involved, our lawful basis for being able to do this and retention period of Personal Data.

    Purpose Personal Data used Lawful basis Retention period
    To provide the Website to you IP address, browser type, device ID, geolocation We have a legitimate interest in the Website working properly Please refer to the Cookie Policy
    To provide IT support and ensure network security Date and time of access, IP address, URL of the webpages viewed, website activity, browsing time on the website, device, OS and browser information, country of access We have a legitimate interest in ensuring our systems are secure Please refer to the Cookie Policy
    To analyse our website usage in order to improve and enhance our services Cookies, IP address, browser type, plug-ins device type and ID, country of access, browsing history, browsing time on the website, website activity We only process your personal data for analysing purposes if you gave us your consent Please refer to the Cookie Policy
    To optimize our ad delivery on our website Cookies, IP address, browser type, plug-ins device type and ID, country of access, browsing history, browsing time on the website, website activity We only process your personal data for advertisement purposes if you gave us your consent Please refer to the Cookie Policy
    To deal with inquiries, and other communications from you Name, address, telephone number, email address, content of inquiry, purpose and content of the inquiry or communication This is necessary to fulfil our contract with you Within 1 year
    To manage the operation of prize campaigns Name, address, telephone number, email address, social media account information, details of the application, result of the prize selection, social media account information, application details and prize draw results We have a legitimate interest in awarding prizes to you as someone who has shown interest in the works the Committee produce and/or we process your personal data if you gave us your consent Within 1 year
    To manage the operation of promotional campaign, such as collecting illustrations and feedback Name, address, telephone number, email address, social media account information, the content of the illustration or comment you submitted We have a legitimate interest in conducting promotional activities and/or we process your personal data if you gave us your consent Within 1 year
    For the purpose of complying with any legal and regulatory requirements, such as audit and accounting Name, address, phone number, email address We have a legal obligation to comply with any legal or regulatory requirements Within 1 year
    To claim and enforce claims Name, address, phone number, email address, contact history This is necessary to fulfil our contract with you and/or we have a legitimate interest in claiming and enforcing our rights Within 1 year

    Some of your Personal Data may be required due to legal, contractual, or other obligations. Failure to provide this data may impact our ability to fulfil our contract with you or comply with relevant legal obligations. For other Personal Data, whilst you may not be under an obligation to provide it to us, if you do not provide it, we may not be able to properly perform the Committee’s services for you.

  5. 5. Who we share your Personal Data with?

    In order for the Committee to operate its website and carry out its activities, we may need to share your Personal Data with third parties. This includes sharing your Personal Data with companies engaged by us to manage our relationship with you and provide you the services described above.

    We may share your Personal Data with the following recipients:

    • Avex Entertainment Inc.: We have entrusted Avex Entertainment Inc. with the operation and analysis of the Website. Among the items listed in Section 4, the Personal Data indicated in the "Personal Data used" column that we collect when you visit the Website will be shared with the company.
    • Social media and survey form service providers: We will use services provided by X Corp. and Google LLC when contacting you in connection with a prize campaign or when requesting you to fill out a survey form. In such cases, your Personal Data will be shared with these companies.
    • Social media platform operators and social media management tool providers: We will outsource the operation of our social media accounts to qdopp, Inc. and use management tools provided by the third party. In such cases, your Personal Data will be shared with these companies.
    • Advertising platform providers: As described above, the Website uses cookies. Among the items listed in Section 4, the Personal Data indicated in the "Personal Data used" column that we collect when you visit the Website will be transmitted to advertising platform providers. For more detailed information about the use of cookies on the Website, please refer to our Cookie Policy.
    • Delivery service provider: We will share your Personal Data with a shipping carrier only to the extent necessary for the delivery, when it becomes necessary to send items to you, such as delivering prizes.
    • Consultants and accountants: such as legal or tax consultants and accountants, to comply with legal obligations.
    • Government and law enforcement agencies: where we are required to do so by law or to assist with their investigations or initiatives.

    We do not disclose Personal Data to anyone else except as set out above unless we have your consent, or we are legally obliged to do so. These recipients will only process your Personal Data to perform tasks and duties on our behalf and in compliance with this Privacy Policy and governing data protection laws.

  6. 6. International data transfers

    In the course of our operations, it may be necessary to transfer your Personal Data to recipients located outside the European Economic Area (EEA) and/or UK. These transfers may be to our partners or service providers who are located in regions where data protection laws differ from those in your country. When transferring your Personal Data internationally we implement appropriate safeguards to ensure the security and confidentiality of your data. These safeguards, when we cannot rely on an issued Adequacy Decision, may include for example Standard Contractual Clauses (SCCs) approved by the European Commission.

    For example, we may need to transfer your Personal Data to recipients located outside the EEA or the UK, such as those listed below.

    • Avex Entertainment Inc.: Avex Entertainment Inc. is located in Japan. We transfer your Personal Data to the company based on an adequacy decision.
    • Advertising platform providers: As stated above, we may use services provided by X Corp. and Google LLC, and your Personal Data will be transferred to these companies. These companies are certified under the EU-U.S. Data Privacy Framework (DPF) and also participate in the UK Extension to the EU-U.S. DPF. Therefore, we transfer such Personal Data based on an adequacy decision.
    • Social media platform operators and social media management tool providers: When we outsource social media management to qdopp, Inc., a company located in Japan, your Personal Data is transferred to that company. We transfer such Personal Data based on an adequacy decision.
  7. 7. How long do we keep Personal Data for?

    Generally, we will retain your Personal Data for as long as we need it for the purposes for which it was collected. The duration for which we retain your Personal Data will differ depending on the type of information and the reason why we collected it from you. However, in some cases Personal Data may be retained on a long-term basis: for example, Personal Data that we need to retain for legal purposes will normally be retained in accordance with usual commercial practice and regulatory requirements.For details, please refer to Section 4 above.

    In addition, we may be allowed to retain Personal Data whenever you have given consent to such processing, as long as such consent is not withdrawn.

  8. 8. Data security

    We take the security of your information very seriously and only handle Personal Data as permitted by data protection regulations. We use a variety of technical and organizational measures to help protect your Personal Data from unauthorized access, disclosure, modification, loss or destruction in accordance with applicable data protection laws. When handling Personal Data, our employees are obliged to comply with the regulations of the GDPR.

  9. 9. Your rights in relation to your Personal Data

    If you are located in the EU or UK you have the following rights in relation to your Personal Data:

    Right of Access - you have the right to be informed about how we are using your Personal Data and the right to access that data that we hold about you.

    Right to Erasure or "Right to be Forgotten" - you have the right to ask us to delete your Personal Data provided that there are no valid grounds for us to keep it, for example we may have to keep some or all of the Personal Data to comply with legal obligation or in respect of any legal claims.

    Right to Data Portability - you have the right to receive the Personal Data you have provided to us in a digital format or in certain circumstances and where technically feasible the right to ask us to transmit the data to another organization.

    Right of Rectification - you have the right to ask us to amend the Personal Data that we hold about you where believe it is inaccurate or incomplete.

    Right to Object - in certain circumstances, you have the right to object to the processing of your Personal Data and to ask us to block, erase and restrict our use of your personal data.

    Automated Decision Making (ADM) - we may process your Personal Data by solely automated means (without human intervention), including for profiling. Where such processing may have a legal or similarly significant effect on you, you have the right not to remain subject to any decisions based on such automatic processing, except as otherwise provided by law. You have the right to understand when and how automated decisions are made about you, and the factors involved and you have the right to challenge these decisions, request human intervention, express your point of view, and seek a review of the decision.

    Right to Withdraw Consent or Right of Opposition - if you have provided your consent to the collection, processing and transfer of your Personal Data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing.

    Right of Limitation - you have the right to request the limitation of the Processing of your Personal Data, in the form of: (i) suspension of Processing or (ii) limitation of the scope of Processing to certain categories of Personal Data or purposes of Processing.

    Right to lodge a complaint - you have the right to complain to the supervisory authority, in addition to us.

    The exercise of rights is free of charge, except in the case of a manifestly unfounded or excessive request, in which case a reasonable fee may be charged regarding its costs. The period for handling a request is 30 days unless it is a particularly complex request.

    Once our specified retention period has expired, we shall delete the relevant Personal Data. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of such retention period.

  10. 10. Processing data in relation to children

    We do not knowingly collect Personal Data from persons who are not legally permitted to use our services without obtaining parental consent. If it comes to our attention that we have collected or processed Personal Data from such a person, we may delete this information without notice. If you have reason to believe that this has occurred, please contact us using the following form: https://supportform.jp/avexportal/

  11. 11. Changes to our data protection provisions

    We may need to make changes to this Privacy Policy to ensure that it complies with current legal requirements or to implement changes to the services detailed in the Privacy Policy, e.g., when introducing new services and products. In this case, your future visits to the Website will be subject to the updated Privacy Policy.

  12. 12. California Residents

    At Avex Pictures, we are committed to protecting your privacy and ensuring transparency in how we handle your personal information. This section outlines your rights under the California Consumer Privacy Act (“CCPA/”CPRA”), the types of personal information we collect, how we use it, and your options for managing your personal information.

    What personal information we collect and disclose

    This section provides details about the categories of personal information we have collected from consumers over the past 12 months. It also outlines the sources of this information, the business or commercial purposes for its collection, and whether we have disclosed, shared, any categories of personal information to third parties during the same period.

    Categories of personal information Source from which we collected information Purpose for collecting the information Categories of third parties to whom the information was disclosed Information shared
    Identifiers, such as name, address, telephone number, email address, online identifier, IP address, social media account name Directly from you To deal with inquiries, and other communications from you
    To handle applications and conduct lotteries for campaigns, including prize campaigns, and to deliver prizes to the winners
    To optimize our ad delivery on the Webs
    Group companies
    Social media platform operators and social media management tool providers
    Advertising platform providers
    Delivery service provider
    Consultants and accountants
    Yes (Limited to online identifiers and IP addresses only)
    Personal information, such as name, address, telephone number, email address, social media account name, content of inquiries or communications and details of campaign applications Directly from you To deal with inquiries, and other communications from you
    To handle applications and conduct lotteries for campaigns, including prize campaigns, and to deliver prizes to the winners
    Group companies
    Social media platform operators and social media management tool providers
    Advertising platform providers
    Delivery service provider
    Consultants and accountants
    Internet or other electronic network activity information, such as your IP address, browser type and information, device ID and type, cookie information, plug-ins, URL of the page viewed, referrer, browsing history, website activity, date and time of access, marketing Directly from you To analyse the Website usage in order to improve and enhance our services
    To optimize our ad delivery on the Website
    Marketing and
    service technology
    providers
    Yes
    preferences, email activity Directly from you

    No sale of personal information

    We did not sell any personal information in the preceding 12 months. Avex Pictures does not sell any personal information.

    No sale or sharing of minors' personal Information

    We do not have actual knowledge that we sell or share personal information about minors under the age of 16.

    Sensitive personal Information

    We do not use or disclose sensitive personal information for purposes other than those specified in Section 7027(m) of the CCPA regulations.

    Consumer rights under the CCPA/CPRA

    If you are resident in California, you have the following rights in respect of your Personal Information:

    Right to Know - you have the right to request that we disclose what personal information we collect, use, disclose, sell or share. Specifically, you may request that we disclose to you the following:

    • The categories of personal information we have collected about you.
    • The categories of sources from which the personal information is collected.
    • The business or commercial purpose for collecting, selling or sharing personal information.
    • The categories of third parties with whom we disclose personal information.
    • The specific pieces of personal information we have collected about you.

    ou may also request that we inform you about:

    • The categories of personal information that we have sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each third party to whom the personal information was sold or shared.
    • The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

    Right to deletion - you have the right to request that we delete any personal information about you which we have collected from you. If it is necessary for us to maintain your personal information for certain purposes, we are not required to comply with your deletion request. If we determine that we will not delete your personal information when you request us to do so, we will inform you and tell you why we are not deleting it.

    Right to Correct Inaccurate Personal Information - you have the right to request that we correct inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

    Right to opt-out of third-party sales and sharing – we do not sell your personal information; you have the right to opt-out of third-party sharing of your Personal Information for cross-context behavioural advertising purposes and selling this data. This means that whenever you request us to stop selling and/or sharing your data, we will abide by your request. Such requests can be made freely, at any time, without submitting any verifiable request, contacting us through the form available at the following contact form: https://supportform.jp/avexportal/

    Right to Limit Use and Disclosure of Sensitive Personal Information (SPI) – you have the right to limit the use and disclosure of your SPI to that which is necessary for us to perform the services or provide the goods we provide.

    Right to Opt-Out of ADM technology – you have the right to opt-out of being subject to automated decision-making processes, including profiling.

    No Discrimination - you have the right not to be discriminated against because you exercised any of your rights under the CCPA/CPRA set out in this section above.

    The exercise of your rights is free of charge. The response to requests based on the provisions of the CCPA/CPRA should be provided within a maximum of 45 days. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. However, for requests to opt out or limit the use of sensitive personal information (SPI), we will respond within 15 days.

    How you can exercise your rights under CCPA/CPRA

    To exercise any of the rights described above, please send us a verified request using the methods listed below. Your request must:

    • Include enough information for us to confirm your identity or the identity of your authorized representative.
    • Clearly explain your request so we can understand, evaluate, and respond to it.

    If we cannot verify your identity or authority to make the request, we will not be able to comply with your request. We will inform you if we cannot verify your identity or authority. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

    Contact us using one of the following methods:

    Financial Incentive Notice

    Avex Pictures does not offer a financial incentive for the collection, sale, or deletion of personal information. Avex Pictures primarily collects personal information for the purposes of operating the Website, responding to inquiries, and conducting campaigns.

  13. 13. Contact Information

    If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such use please do not hesitate to contact us by:
    Contact form at: https://supportform.jp/avexportal/
    Post to: Sumitomo Fudosan Azabu-juban Building, 1-4-1 Mita, Minato-ku, Tokyo 108-0073, Japan

  14. CCPA means the California Consumer Privacy Act (CCPA) signed into law on June 28, 2018, to amend Part 4 of Division 3 of the California Civil Code. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB375
    CPRA means the California Privacy Right Act of 2020
    Consent of the Data Subject means any freely given, specific, informed and unambiguous indication of the Data Subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to him or her;
    Contract Performance means concluding, maintaining, and completing of a contract concluded between the Controller and a Data Subject, including Processing activities which take place at the request of the Data Subject before entering into a contractual relation;
    Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law;
    Data Subject is any natural person whose Personal Data is being collected, held or processed. Examples of a Data Subject can be an individual, a customer, a prospect, an employee, a contact person, etc;
    General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA); Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) https://eur-lex.europa.eu/eli/reg/2016/679/oj;
    Legitimate Interest means the Controller’s interest to process Personal Data in order to carry out tasks related to the Controller‘s business activities. The processing of Personal Data in that context may not necessarily be justified by a legal obligation or carried out to execute the terms of a contract with a Data Subject;
    Personal Data means any information relating to an identified or identifiable natural person ('Data Subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. This includes, but is not limited to the term ‘Personal Information’ according to Section 1798.140. (v) (1-3) of the CPRA.;
    Personal Information means information of the types set out in Section 1798.140. (v) (1-3) of the CPRA where it identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
    Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
    Processor means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller;
    Recipient means a natural or legal person, public authority, agency or another body, to which the Personal Data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as Recipients; the Processing of those Personal Data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the Processing;
    Sell, Selling, Sale or Sold means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration, according to Section 1798.140. (ad) (1-2) of the CPRA.
    Share, Shared or Sharing (in Section 12) means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.
    Sensitive Personal Information means personal information that reveals: the social security, driver’s license, state identification card, or passport number. An account log-in, financial account, debit card, or credit card number, or credentials allowing access to an account, the precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, content of a consumer’s mail, email and text messages unless the business is the intended recipient of the communication, and genetic data, the processing of biometric data for the purpose of uniquely identifying a consumer, personal information collected and analyzed about a consumer’s health, sex life or sexual orientation according to Section 1798.140. (ae) (1-3) of the CPRA.