These Terms of Use for Use of the Business Manager (hereinafter referred to as the “Terms of Use”) shall be set forth between LY Corporation and/or its affiliates(hereinafter collectively referred to as the “Company”) and the Customer (hereinafter referred to as the ” Customer “) with respect to the use of the Business Manager (hereinafter referred to as the “Service”). A person to agree to these Terms of Use for or on behalf of the Customer represents and warrants that it has been given the authority to agree to these Terms of Use from the Customer, and that it is agreeing to these Terms of Use based on such authority.
Article 1 (Overview of Service)
The Business Manager is a service that enables the Customer to use the data, etc., obtained in all or part of services that the Company designates (hereinafter referred to as the “Target Service”) and data, etc., that can be used in the Service across the Target Service. In principle, the Service enables the creation of an organization of the Business Manager (hereinafter referred to as the “Business Manager Organization”) on a corporate unit of the advertiser to be used. The details of the Services shall be stipulated in the media materials and guidelines separately provided by the Company. Some functions of the Business Manager are available only with the approval of the Company in prescribed manner prescribed by the Company.
Article 2(Contractual Relationship)
1．A party who desires to use the Service shall, by agreeing to these Terms of Use, apply for the use of the Services in a manner designated by the Company. Upon the Company’s acceptance, the service agreement (hereinafter referred to as the “Service Agreement”) in relation to the Service shall be deemed to be executed between the Company and the Applicant who becomes the Customer.
2．If any of the following applies, the Company may reject the application to execute the Service Agreement:
(1) The Applicant may, as determined by the Company, harm the reputation of the Service;
(2) The contents of Application may include any false information or misrepresentation; or
(3) In addition to the preceding two (2) items, the Company deems that it is inappropriate to execute the Service Agreement.
3．If any of the events in the preceding paragraph applies to the Customer, the Company may suspend the use of Service by the Customer or terminate the Service Agreement with the Customer without any prior notice or warning to the Customer.
Article 3(Revision of these Terms of Use)
The Company may revise these Terms of Use in any of the following cases.
In the foregoing case, the Company will make public, by indicating on the Service or the Company’s website, or notifying the Customers according to a method prescribed by the Company, to the effect that these Terms of Use will be revised, as well as the subject matter and effective date of the revised version of these Terms of Use. In the case of item (2) below, the Company will make the revision public a reasonable period before the effective date of the revision. The revised version of these Terms of Use shall come into effect from the effective date:
(1) when revision to these Terms of Use conforms to the general interests of the Customers; or
(2) when revision to these Terms of Use is not in breach of the purpose of any contract, and is rational in light of the necessity of such revision, appropriateness of the subject matter after revision, and other circumstances concerning the revision.
Article 4 (Prohibited Matters)
1． The Customer may not connect LINE Ads accounts, LINE Official Accounts, or other Target Service accounts (hereinafter collectively referred to as the “Advertiser Account”) held by corporations with different contracting entities to the same Business Manager organization and share the resources of the Service (collectively referred to as audiences, LINE Tag, etc. that can be shared through the Service, hereinafter referred to as the “Resources”) except when the Company approved.
2． When using the Service, the Customer may not use the data of advertisers other than the relevant advertiser for the advertiser account to distribute advertisements or distribute messages.
3. The Customer shall not use the Service for the purpose of identifying the specific individual, and shall not use the data obtained through the Service to identify the specific individual.
4．In the event the Customer breaches any of the preceding three paragraphs, the Company may, at its discretion, suspend the provision of the Services, suspend or delete the Advertiser Account that the Company has provided to the Customer, and take other measures.
Article 5 (ID Upload Audience)
1．The Customer may use the function of advertisement delivery and message delivery(hereinafter referred to as ” Designated Messages “) for specified users using LINE services (“Users”) using ID Upload Audience Data in the Target Service that the Company designates, identifier information such as the Android Advertising ID and the IDFA held by the Customer (hereinafter referred to as the “Mobile Ad ID”) and contact information such as phone numbers and email addresses (hereinafter referred to as the “Contact Information”); by uploading to the Business Manager Organization (hereinafter referred to as “ID Upload Audience Data” after uploading). The Customer shall comply with the matters set forth in this article when using ID Upload Audience Data.
2．When the Customer distributes Designated Messages using ID Upload Audience Data, the number of Designated Messages advertisement delivery destinations shall not be greater than the number set by the Company.
3．When the Customer uploads Contact Information, the Customer shall convert the Contact Information and submit the same to the Company under its own responsibility according to a method separately prescribed by the Company.
4．The Customer represents and warrants all of the following matters to the Company in using the ID Upload Audience Data:
(1) the Customer will acquire Mobile Ad ID and Contact Information from the holder of such Mobile Ad ID and Contact Information according to legal means including a written consent; and
(2) the Customer has acquired permission based on legal means including a written consent from the holder of the Mobile Ad ID and Contact Information with regard to the distribution of Designated Messages with the ID Upload Audience Data as the key.
5．Designated Messages may be used only for advertisement purposes, and the Customer represents and warrants to the Company that it will not be used for any other purpose of use.
6．The Customer shall observe all applicable laws and regulations (including guidelines) regarding the Designated Messages distribution using ID Upload Audience Data.
7．When the Customer distributes Designated Messages, using ID Upload Audience Data, the Customer shall not distribute Designated Messages including expressions and contents (name, e-mail address, address, etc.) that identify an individual.
8．The Customer shall distribute the Designated Messages only in accordance with the Company’s prescribed guidelines and other applicable guidelines.
9．The Customer shall not distribute the Designated Messages including personal information such as names, email addresses and street addresses, identifiers to be used in the Customer’s services, and other information and expressions that may cause disadvantage to the User, who should have originally received the Designated Messages, as a result of such Designated Messages being distributed to a wrong recipient.
10．The Customer shall respect the opt-out against the Designated Messages distribution based on the setting of the terminal or browser or a method independently provided by the Customer, and represent that the Mobile Ad ID or Contact Information of the person who exercised such opt-out is not included in the ID Upload Audience Data designated by the Customer upon using the ID Upload Audience Data. Furthermore, when the Company determines that a User exercised the opt-out of the Designated Messages distribution based on the setting of the terminal or browser or a method independently provided by the Company, the Customer agrees in advance that, even in cases where the Mobile Ad ID or Contact Information of such User is included in the ID Upload Audience Data by the Customer, such Audience Data will be excluded from the subject of distribution upon using the ID Upload Audience Data.
11．The Customer acknowledges in advance that there may be cases where the Designated Messages cannot be distributed to the User included in ID Upload Audience Data or cases where the Designated Messages is distributed to the User that is different from the User recognized by the Customer (including, but not limited to, cases where there is an error in the Contact Information held by the Customer and cases where the Contact Information held by the Customer and the Contact Information held by the Company are inconsistent), and the Company shall not be liable in any way for any damage that is consequently suffered by the Customer.
12．The Company will use the Mobile Ad ID and Contact Information uploaded by the Customer only for the purpose of selecting targets for Designated Messages distribution by matching the data held by the Company. Except for data already held by the Company, the Mobile Ad ID and Contact Information will be automatically deleted from the Company’s environment after the matching process is complete. The Company will use the data that the Company originally held to store it as ID Upload Audience Data.
Article 6 (Handling of User Information, etc.)
1. The Customer shall handle the Users’ information on the Service in accordance with LINE User Data Policy (https://terms2.line.me/LINE_Developers_user_data_policy?lang=en) and other conditions of handling the User’s information applicable to the Target Service.
2. Notwithstanding the preceding paragraph, the Customer shall be entitled to obtain, save, or use Information set forth in the preceding paragraph to the extent necessary for the use of the Service.
Article 7 (Deletion of Business Manager Organization)
1．The Customer may delete its Business Manager Organization.
2．When the Customer proceeds with the deletion procedure of the Business Manager Organization, such Customer shall immediately lose the right to use the Service, except for the following forms of usage:
(1) logging into the administration menu of the Business Manager.
(2) Creating the Business Manager Organization
Article 8 (Handling of Customer Information)
1．The Company shall use and jointly-use the personal information of the Customer which such Customer provides to the Company within the scope in conformance with the descriptions included in the LY Corporation Privacy Policy (https://terms.line.me/line_rules/?lang=en) as well as the administrative processing of the Service. The User Information which is to be jointly used and the entity responsible for the management of the User Information shall be described in the LY Corporation Privacy Policy.
2．Except where required under laws and regulations, and/or the LY Corporation Privacy Policy, and except where consent of the relevant customer has been individually and separately obtained, the Company shall not provide a third party with the Customer’s personal information without first obtaining the consent of such Customer.
3．The Customer may request the Company to disclose, revise, add and/or delete any personal information collected by the Company from such Customer; provided, however, that such disclosure, revision, addition and/or deletion shall be subject to procedures separately regulated by the Company, and separate charges may be required. Please contact the Company here (https://contact-cc.line.me/detailId/10078) for inquiries related to such disclosure, revision, addition and/or deletion, or for any complaints.
Article 9 (Duty to Report)
If the Customer has changed its trade name, appellation, person in charge, email address, domicile address or other contact information registered with the Service, the Customer shall immediately report such change via the method prescribed by the Company. If the aforementioned information has been reported, the Company may request such Customer to submit data evidencing such change, and such Customer shall respond thereto.
Article 10 (Consignment and Business Alliance)
1．The Company may consign the provision of the Service in part to the group companies of the Company or to other third parties.
2．The Company may provide business partners and other third parties with information regarding customers on the Service (but this information shall not be personal information) in order to provide business partners and websites, apps, etc. of other third parties with the Service functions.
Article 11 (Interruption of the Service)
In the event of any of the following, the Company may temporarily interrupt all or part of the Service or the Target Service:
(1) Maintenance of systems or equipment used for the Service;
(2) Failure of systems or equipment used for the Service;
(3) Incapability to use telecommunication services for any reason attributable to telecommunication companies;
(4) In the case that it is difficult to provide the Service due to blackout, fire, earthquake, labor dispute, or other forms of force majeure; or
(5) In the case that there are reasonable operational or technical reasons with respect to the Service.
Article 12 (Suspension of the Service)
If any of the following applies to the Customer, the Company may suspend the use of all or part of the Service by the Customer:
(1) The Customer violates the provisions of the Terms of Use;
(2) The Customer assigns, lends or shares its account or administration website for the Service according to a method that is not prescribed by the Company;
(3) The Customer infringes upon any industrial property right, copyrights or any other intellectual property rights of a third party;
(4) The Customer violates any applicable law or regulation, including the constitution, international treaties, national laws and regulations, and local ordinances;
(5) The Customer enters false or untrue information in the Application Form;
(6) The Customer provides false information to the Company;
(7) The Customer fails to meet or ceases to meet the screening criteria prescribed by the Company (the Company shall not be obligated to disclose such screening criteria) ;
(8) The Customer has violated the Guidelines, etc.;
(9) The Customer infringes upon the honor, trust, privacy or any other right of a third party;
(10) The Customer commits an act that is disadvantageous or harmful to the Company or the Company’s customers;
(11) The Customer commits an act that the Company deems illegitimate or inappropriate; or
(12) The Customer commits an act that results or may result, as determined by the Company, in significant interference with the businesses of the Company, or the provision or operation of the Service.
Article 13 (Termination of the Service)
1．The Company may terminate all or part of the Service as deemed appropriate by the Company.
2．If the Company is to terminate the Service, the Company shall notify the Customer to such effect by way of announcement on the Company’s website.
3．If all or part of the Service is terminated based on the preceding two paragraphs, the Service Agreement shall be terminated concurrently as of the date of such termination of the Service.
Article 14 (Termination of the Service Agreement)
1．If any of the events in Article 12 (Suspension of the Service) applies to the Customer, the Company may immediately terminate the Service Agreement or the agreements for use of the Target Service with the Customer, without suspending the Service pursuant to Article 12.
2．Either the Company or the Customer may immediately terminate the Service Agreement by sending a notice to the other party, if any officer, employee, agent or broker (hereinafter referred to as the “Party Concerned”) of the other party is found to be an antisocial force (such as organized crime group, or member, quasi-member or affiliated company of any organized crime group, or corporate racketeer, political racketeering organization, organized intellectual crime group and any other similar organization or person) or any Party Concerned of the other party is found to be involved with such antisocial force.
Article 15 (Disclaimer of the Company)
1．The Customer shall be responsible for all the results of the use and use of the Service, and any inquiries, complaints, etc. from any third party arising from the use of the Service shall be handled at its own expense and responsibility, even if such inquiries, complaints, etc. arise after the termination of the use of the Service.
2．The Company does not warrant, expressly or implicitly, that the Service is virtually or legally free from defects (including, but not limited to, safety, reliability, accuracy, integrity, validity, infringement of rights, or fitness for your purpose of use).
3．The Company shall not be liable in any way for any other damage caused due to an error in the setting by the Customer.
4．The Company may assist the Customer in the operation of the Service to the extent reasonably desired by the Customer. In this case, the Company shall be able to access and manipulate the Customer’s Business Manager Organization to the extent necessary for assistance. Provided, however, that The Company shall not be liable for any damages arising out of the said act of assistance except for those based on the Company’s willful conduct or gross negligence.
Article 16 (Force Majeure)
The Company shall not be liable in any way even when an advertisement, which was scheduled to be distributed, could not be distributed or was not distributed appropriately due to calamities, communication failures or other force majeure events, hacking or cracking by a third party, failure of the internet infrastructure or the Customer’s server, or any other reason that is not attributable to the Company, or for measures that need to be performed by the Company for providing the Service such as emergency system maintenance or maintenance inspection.
Article 17 (Confidentiality)
1．With respect to information disclosed by the Company designated as confidential to the Customer (hereinafter referred to as “Confidential Information”)), the Customer shall treat such information as strictly confidential.
2．If the Customer becomes aware of any divulgence, falsification or eavesdropping of the Confidential Information, it shall immediately report to the Company in writing, including by way of email.
3．The Customer may not disclose the Confidential Information to any third party without the prior written approval of the Company; provided, however, that the following information shall not correspond to Confidential Information:
(1) Information that was already known to the Customer prior to the disclosure;
(2) Information that is publicly known or generally available to the public;
(3) Information that the Customer has legitimately obtained from a third party without bearing any confidentiality obligation; or
(4) Information that the Company has agreed in writing to be excluded from the Confidential Information.
4．In the event that the Customer is required by any applicable laws, the rules of Financial Instruments Exchange or any other regulations equivalent to such rules (hereinafter collectively referred to as the “Laws”) to disclose any of the Confidential Information disclosed by the Company, the Customer shall provide the Company with prompt written notice of such requirement; provided, however, that if the Customer will not be able to provide the Company with a prior notice due to the restrictions by Laws or time constraint, the Customer may provide a late notice to the Company. When the Company is to disclose the Confidential Information pursuant to the provisions of this paragraph, notwithstanding the provisions of Paragraph 1 of this article, the Company may do so within the requisite minimum scope; provided, however, that, if the Company gives instructions to the Company for maintaining the secrecy of the Confidential Information in the foregoing disclosure, the Company shall comply with such request to the extent possible under the applicable laws and on a practical level of the Company’s operation.
5．If the Service Agreement is terminated or if the Company requests during the term of the Service Agreement, the Customer shall return or destroy the Confidential Information and any reproductions thereof.
Article 18 (Compensation for Damages)
1．If the Company incurs damages due to the Customer’s violation of these Terms of Use, the Customer shall immediately compensate all such damages (including, but not limited to, reasonable attorney’s fees).
2．If the Customer receives any claim, allegation, demand, request or motion, etc. (hereinafter collectively as the “Claims”) that the Customer has infringed upon a right of a third party in relation to the Service, the Customer shall resolve such Claims at its expense and responsibility. If the Company incurs any damages due to such Claims, the Customer shall immediately compensate all such damages. If the Company resolves the Claims, the Customer shall pay for all expenses incurred by the Company to resolve the Claims.
3．The Company is not responsible for any damage that the Customer may incur during any interruption or suspension of the Service due to force majeure such as fire, electric outage or natural disaster, network or system failure, or the event in Article 11 and Article 12.
4．With respect to the provisions of these Terms of Use, only if the Customer incurs damages due to the Company’s willful conduct or gross negligence, the Company will compensate such damages to the extent that such damages are ordinary, actual and direct. The amount of compensation to be paid by the Company shall be limited to the amount of fees actually paid by the Customer for the Target Services for which the damages occurred in the month preceding the month when the damages have been incurred.
Article 19 (Transfer of the Position and Succession)
The Customer shall not transfer, assign, provide as security to a third party, or allow a third party to succeed, its status under the Service Agreement or its rights and obligations arising in connection with the Service Agreement, without going through the Company’s prescribed method.
Article 20 (Severability)
If any of the provisions of these Terms of Use is declared to be invalid or unenforceable by the court or any other competent authorities, the invalidity or unenforceability of such provision shall have no effect on the validity or enforceability of other provisions or related rules. The provision that is declared to be invalid or unenforceable shall be changed to a provision that reflects initial intent of the Company and the Customer in compliance with the laws.
Article 21 (Governing Law)
These Terms of Use shall be governed by the laws of Japan.
Article 22 (Exclusive Jurisdiction)
The Company and the Customer agree that either the Tokyo Summary Court or the Tokyo District Court, as determined depending on the amount of damages claimed, shall have the exclusive jurisdiction for the first instance over any disputes related to these Terms of Use or the Service.
Article 23 (Consultation)
With respect to any matter not provided in these Terms of Use, the Company and the Customer shall discuss and resolve issues that may arise in good faith.
Amended on February 1, 2024