Viewer Advertising Fee Rebate Digital Signage Service Proof of Concept Participation Agreemen
This is a translation by Rakuten AI. In case of any discrepancies, the original Japanese version shall prevail.
Article 1: General Provisions
1. The Viewer Advertising Fee Rebate Digital Signage Service Proof of Concept Participation Agreement (hereinafter referred to as "this Agreement") sets forth the compliance requirements and other matters for participants (hereinafter referred to as "Participants") in the "Proof of Concept for Viewer Advertising Fee Rebate Digital Signage Service using Facial Recognition" (hereinafter referred to as "this PoC") conducted by Rakuten Group, Inc. (hereinafter referred to as "Rakuten").
2. Participation in this PoC requires agreement to this Agreement. Additionally, Participants must comply with the rules separately presented by Rakuten (including guidelines, help, FAQs, etc., collectively referred to as "this Agreement, etc.").
3. This PoC will be conducted from July 29, 2024, to September 30, 2024. However, the schedule may change due to the implementation status of this PoC or other circumstances.
Article 2: Definitions
The terms used in this Agreement are defined as follows:
1. "Facial Image Information" refers to images of the Participant's face and the facial feature data.
2. "Facial Feature Data" refers to data that is irreversibly converted from images of the Participant's face into a series of numerical data and encrypted or digitized data.
3. "Facial Recognition" refers to the process of determining whether the pre-registered facial feature data matches the facial feature data at the time of authentication, as stipulated in the following article.
Article 3: Registration
1. Participation in this PoC requires providing registration information, including facial image information (hereinafter referred to as "Pre-Registration Information"), to Rakuten through a registration web page separately guided by Rakuten, and obtaining an ID related to this service (hereinafter referred to as "this ID").
2. Participants guarantee that the information related to them included in this ID is always accurate and up-to-date.
3. Procedures for changing Pre-Registration Information or withdrawing from participation in this PoC shall be as separately determined by Rakuten.
Article 4: Management of the ID
1. Participants shall not allow third parties to use or share their ID and their qualification to participate in this PoC. Participants are fully responsible for the use and management of their ID.
2. Participants must immediately notify Rakuten if there is any risk of unauthorized use of their ID.
Article 5: Cost Burden
Participants shall bear any costs incurred in connection with their participation in this PoC (including, but not limited to, communication costs required for registering Pre-Registration Information).
Article 6: Provision of Personal Information
Rakuten will appropriately handle personal information, including facial image information provided by Participants for participation in this PoC, in accordance with the Privacy Policy (https://privacy.rakuten.co.jp/). Rakuten will delete such personal information within one year after the conclusion of this PoC.
Article 7: Issuance and Use of Coupons
1. Rakuten will issue coupons (hereinafter referred to as "Coupons") that can be used to purchase products at the designated store (the Rakuten Crimson Store where this PoC is conducted, hereinafter referred to as "the Store") to Participants who have obtained an ID as stipulated in Article 3, Paragraph 1, by a method separately determined by Rakuten.
2. Participants can use the Coupons if they meet all of the following conditions:
(1) Viewing advertisements broadcasted on the digital signage installed in the Store (hereinafter referred to as "the Signage").
(2) Undergoing facial recognition by the cameras installed in the Store.
3. In addition to the conditions stipulated in the preceding paragraph, the terms of use and other matters regarding the Coupons shall be as separately determined by Rakuten.
Article 8: Compliance
Participants shall not engage in any of the following acts in connection with their participation in this PoC:
1. Providing false information related to this PoC or altering or deleting information provided in connection with this PoC.
2. Impersonating other participants or third parties to participate in this PoC, or using the ID of other participants.
3. Engaging in acts that violate laws or public order and morals, or acts that cause disadvantage to Rakuten, other participants, or third parties.
4. Infringing or potentially infringing on the intellectual property rights, such as copyrights and trademarks, or other rights of Rakuten, other participants, or third parties.
5. Placing an excessive load on Rakuten's network or systems.
6. Unauthorized access to Rakuten's network or systems.
7. Transmitting or posting harmful computer programs such as viruses.
8. Engaging in acts that may interfere with the operation of this PoC.
9. Participating in this PoC for purposes other than those specified in Article 1.
10. Unauthorized reproduction, modification, or adaptation of programs related to this PoC.
11. Analyzing programs related to this PoC through reverse compilation, reverse assembly, reverse engineering, or other methods.
12. Engaging in other acts that Rakuten deems inappropriate.
Article 9: Disclaimer of Warranties
1. Rakuten does not guarantee the accuracy, timeliness, completeness, commercial viability, reliability, suitability for a particular purpose, non-infringement of third-party rights or interests, or any other matters related to this PoC. Rakuten makes no representations or warranties regarding this PoC or any other matters described in this Agreement.
2. Participants acknowledge that Rakuten is not responsible for any damages resulting from misidentification in facial recognition during participation in this PoC, and agree to the following:
(1) Facial recognition in this PoC is conducted solely by the facial recognition function (hereinafter referred to as "this Facial Recognition Function") being verified in this PoC, based on the level and performance of this function, to verify the match between facial image information and authentication data extracted from Pre-Registration Information. If a match is confirmed by this Facial Recognition Function, it is deemed that the participation was made by the participant themselves. Authentication data refers to data that is irreversibly converted from facial image information into a series of numerical data and encrypted, or digitized data of pre-registered facial image information for use in facial recognition.
(2) The accuracy of this Facial Recognition Function depends on the performance of the system used in this PoC, and Rakuten does not guarantee the accuracy or truthfulness of the facial recognition results. There is a possibility that facial recognition may not be performed even when using the participant's own facial image information, or that facial recognition may be performed using the facial image information of a third party other than the participant.
Article 10: Interruption of this PoC
1. Rakuten may interrupt this PoC without prior notice to participants if any of the following circumstances occur:
(1) Regular or emergency maintenance of equipment related to this PoC (including but not limited to the Signage).
(2) Inability to conduct this PoC due to fire, power outage, malfunction, earthquake, or other force majeure.
(3) Other operational or technical reasons deemed necessary by Rakuten for the interruption of this PoC.
2. Rakuten shall not be liable for any damages incurred by participants due to delays or interruptions in the provision of this PoC caused by any of the circumstances listed in the preceding paragraph or other reasons.
Article 11: Disclaimer
1. Rakuten shall not be liable for any loss of Pre-Registration Information or other data provided by Participants in connection with this PoC.
2. In addition to the preceding article and paragraph, Rakuten shall not be liable for any damages incurred by Participants as a result of participating in this PoC (including damages arising from disputes with others) or for any damages incurred by Participants due to their inability to participate in this PoC.
Article 12: Confidentiality
1. Participants shall not disclose or leak any information provided by Rakuten (hereinafter referred to as "Confidential Information") to third parties. However, Confidential Information does not include information that falls under any of the following categories:
(1) Information that was publicly known before disclosure.
(2) Information that the Participant already possessed before disclosure.
(3) Information that became publicly known after disclosure through no fault of the Participant.
(4) Information independently developed by the Participant without using Confidential Information.
(5) Information obtained from a third party with legitimate rights without an obligation of confidentiality.
2. Notwithstanding the provisions of the preceding paragraph, Participants may disclose Confidential Information to the minimum extent necessary if required to do so by law, regulations, or other public authorities (including securities exchanges) in Japan or other countries.
Article 13: Changes to this Agreement
Rakuten may, at its discretion, change or add to the contents of this Agreement at any time. In such cases, Rakuten will notify Participants of the effective date and content of the revised Agreement by posting it on the registration web page or by other appropriate means.
Article 14: Termination
Participants acknowledge and agree that this PoC may be terminated at Rakuten's discretion without prior notice. Upon termination of this PoC, the Participant's ID will be deleted, and Participants must immediately cease participation in this PoC.
Article 15: Notifications
Rakuten may notify Participants by sending an email to the Participant's email address, posting on the registration web page, or by other methods deemed appropriate by Rakuten. In such cases, Participants are deemed to have received the notification at the time Rakuten sends or posts the notification.