Terms of Data Use
When advertiser (hereinafter “Advertiser”) desires to entrust Dentsu Group Inc. and/or its affiliatesin Japan (hereinafter, individually or collectively “Dentsu Group”) with the placement and operationof its online advertisements, Advertiser shall accept and agree to be bound by these Terms of Data Useand place insertion orders for the placement and operation of online advertisements and otheraccompanying services (hereinafter collectively referred to as the “Service”).
These Terms of Data Use shall be applied in preference to other agreements pertaining to the Service
between Advertiser and Dentsu Group. However, if there is a separate written agreement between
Advertiser and Dentsu Group individually excluding the application of these Terms of Data Use, such
written agreement shall be applied over these Terms of Data Use.

1.

Scope of data use(1) Dentsu Group shall use the data provided by Advertiser for the purposes of the distribution ofadvertisements, verification of effects, analyses, etc.
(2) Only for the purpose described above, Advertiser grants Dentsu Group the right to use the data
possessed by Advertiser and that pertains to Advertiser’s customers (hereinafter referred to asthe “Data”). The right granted to Dentsu Group shall be non-assignable and non-exclusive.
(3) To the extent permitted by Advertiser, Dentsu Group shall measure the Site Access Data onsites and applications owned by Advertiser.
(4) The Site Access Data (including advertisement evaluation logs) acquired by Dentsu Group via
tags originating from original systems, tools, or platforms developed by Dentsu Group or otherinformation technology with similar functions shall be treated in accordance with the “Special
Terms of Use of Site Access Data, etc.,” established separately.
(5) Unless Advertiser’s consent is obtained, Dentsu Group shall not copy, process, alter, edit, orprovide or disclose to a third party, the whole or part of the Data, beyond the scope necessary
to achieve the purpose described above.
(6) Dentsu Group shall handle the Data in the same manner as it handles personal information,
shall strictly control the Data and shall take reasonable safety measures from technological andorganizational aspects, against the risks of unauthorized access, or the loss, damage,falsification, leakage, etc., of the Data.
(7) When Advertiser issues to Dentsu Group an order for posting, management, etc., of Internet
advertisements as part of the Service, the “Terms of Service on Online Advertising” attachedhereto as the Appendix shall apply, and if there is any inconsistency between these Terms ofData Use and the Terms of Service on Online Advertising, the provisions of the Terms ofService on Online Advertising shall prevail.

2.

Personal information(1) The data to be delivered from Advertiser to Dentsu Group shall not contain any informationthat is able to identify specific individuals.
(2) Dentsu Group shall not use the Data to identify specific individuals.

3.

Subcontracting
Dentsu Group may subcontract the whole or part of operations pertaining to the Service to a thirdparty. In such cases, Dentsu Group shall ensure that the subcontractor shall comply with the sameobligations as assumed by Dentsu Group, and shall be responsible for the performance of suchobligations by the subcontractor, jointly and severally with the subcontractor.

4.

Suspension of the Service
If Advertiser falls under any of the items below, Dentsu Group may suspend or discontinue thewhole or part of the Service without giving prior notice to Advertiser, and Dentsu Group shallnot be liable to Advertiser for any damage suffered by Advertiser due to such suspension ordiscontinuation.
(1) Advertiser has infringed on any intellectual property right, portrait right, right to the protectionof privacy or honor, or any other right or interest of a third party, in connection with the Service;(2) Advertiser is controlled by or under the influence of an organized crime group, etc.; any ofAdvertiser’s major shareholders or executives or employees is a member of an organized crimegroup, etc.; or Advertiser has violated any ordinances established by a prefectural government
for the exclusion of organized crime groups, etc.; or(3) Advertiser has used the Service for the purpose of development, improvement, etc., of any
service that competes with the services provided by Dentsu Group.

5.

Disclaimers
Upon the entrustment of the Service by Advertiser to Dentsu Group, Advertiser acknowledges
and accepts the following matters:(1) Even if Dentsu Group becomes unable to perform the whole or part of the Service due to aforce majeure event such as a power outage, an accident occurring in communication lines, oran act of God, nonfulfillment by a telecommunication carrier, failure in the Internet
infrastructure or other systems such as servers, applications or the occurrence of emergency
maintenance, or any other reason that are not attributable to Dentsu Group’s fault, Dentsu

Group shall not be liable for the non-performance of the Service;(2) Dentsu Group may disclose confidential information pertaining to the Service, if the disclosure
is mandated by laws and regulations. Even if Advertiser suffers damage due to such disclosure,
Dentsu Group shall not be liable for such damage in any manner whatsoever; and(3) If Dentsu Group comes to assume any liability for its failure to perform its obligation owed toAdvertiser or liability to compensate for damage suffered by Advertiser in connection with
Dentsu Group’s 3 performance of the Service, the scope of such compensation to be paid byDentsu Group based on such liability shall be limited only to direct and ordinary damages, andin no event shall Dentsu Group be liable for lost profits, lost business, reputation damage orany other damage arising out of special circumstances, etc.
Definition of terms
The terms used in these Terms of Data Use shall have the following meanings:
i.

“Data” means any and all data pertaining to the distribution of advertisements, including accesslogs of websites, location information, distribution settings and distribution results.

ii.

“Confidential information” means any and all confidential information to be disclosed by either
party (hereinafter referred to as the “disclosing party”) to the other party (hereinafter referredto as the “receiving party”) in connection with the use of the Service, and Dentsu Group’s
confidential information includes the Data. However, such confidential information excludes
any information falling under one of the items below:a.

Information that was already publicly known or that was already possessed by thereceiving party at the time when the information was provided or disclosed or madeavailable by the disclosing party;b.

Information that becomes publicly known due to any reason that cannot be attributed to
the receiving party’s fault, after the information was provided or disclosed or madeavailable by the disclosing party;c.

Information that is legally obtained by the receiving party from a third party having
authority to provide or disclose such information, without any confidentiality obligation
being owed by the receiving party; ord.

Information that is independently developed by the receiving party without using suchconfidential information.

iii.

“Organized Crime Group” means an organized crime group, quasi-member of an organizedcrime group, or an organized crime group-associated company, or a corporate extortionist(sokaiya), or a rogue person or group proclaiming itself to be a social activist (shakai undohyobo goro), or an organized special intellectual crime group (tokushu chinou boryoku shudan),or any other person similar to any of the above.

End of Document

Revised on April 22, 2019
Revised on April 1, 2020
Revised on April 2, 2021