KODANSHA USA PUBLISHING, LLC
Last Updated: April 27, 2023
We may receive information about you through your use of our web domains or app, including kodansha.us and subdomains (collectively, the “Site”).
It does not apply to information collected by:
I. INFORMATION WE COLLECT
A.We collect several types of information from and about users of the Site. In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months including:
B. Use of Personal Information.
The information we collect includes personal information, and we maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us improve the Site and deliver a better and more personalized service, including by enabling us to:
We may offer you the opportunity to receive special offers from us and/or our partner companies, such as a Promotion. If you choose to participate in a Promotion, we may request that you provide us with personal information such as your email address or mailing address as part of the registration process. We may require you to enter a region and language in order to provide relevant information in your language. We may also request or receive personal information during other interactions you have with us in relation to your Promotion entry. Our Promotions are subject to separate terms and conditions, which you may be required to accept as a condition of entry.
Marketing and Advertising
If we send you marketing communications by physical mail and/or email:
We will use your name, email address and postal address and marketing and communications data to send you marketing communications by physical mail and/or email. Our marketing will include press releases and information about us, our Site, our Products, and the offers and Promotions we offer from time to time.
Our marketing communications will include non-personalized marketing. Non-personalized marketing is marketing that is not tailored to you.
II. HOW WE COLLECT YOUR INFORMATION AND HOW LONG WE KEEP IT
We collect information:
We may use technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The technologies we or our service providers, such as Google Analytics or other analytics services use for this automatic data collection may include:
Retention of Your Personal Information
We will only store your information as long as necessary to fulfill the purposes for which the information is collected and processed or, where applicable law provides for longer storage and retention periods, for the storage and retention period required by law.
In respect of personal data that we process in connection with the supply of our Products, we may retain your personal data for up to six years from the date of supply of the relevant Products and in compliance with our data protection obligations. We may then destroy such files without further notice or liability.
Where we process personal data in connection with the registration and use of an account on our Site, we may retain your personal data for up to six years from the date that the relevant account is terminated (and in compliance with our data protection obligations). We may then destroy such files without further notice or liability.
Where we process any other personal data, we will retain relevant personal data for up to three years from the date of our last interaction with you (and in compliance with our data protection obligations). We may then destroy such files without further notice or liability.
If any personal data is only useful for a short period (e.g. for a specific activity, promotion or marketing campaign), we will not retain it for longer than the period for which it is used by us.
If you have opted out of receiving marketing communications from us, we will need to retain certain personal data on a suppression list indefinitely so that we know not to send you further marketing communications in the future. However, we will not use this personal data to send you further marketing unless you subsequently opt back in to receive such marketing.
III. HOW WE SHARE YOUR INFORMATION
We will not share your personal information with third-party advertisers, advertising networks and advertising platforms for their direct marketing purposes unless you provide your prior consent.
We may also disclose your personal information:
Choices About How We Use and Disclose Your Information
Please note the following mechanisms that allow you to exercise control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. For example, you may opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website: https://www.networkadvertising.org.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
IV. CHILDREN’S PRIVACY
To any parent of a child under thirteen (13) years of age, please speak with your child about communicating with strangers and disclosing personal information online. Please also familiarize yourself with the procedures in this Section V regarding consent to disclosure, and use of your child’s personal information. We will not collect more information from children under the age of thirteen (13) than is reasonably necessary to provide the Site. By written notice to us, parents may elect to restrict our collection and use of their child’s information to our internal purposes only and prohibit disclosure to third parties, unless disclosure is integral to the Site.
If you are under thirteen (13) years of age, please do not use or provide any information on the Site or through any of its features. Please do not register on the Site, make any purchases through the Site, or use any of the interactive or other features of the Site. Please do not provide any information about yourself to us, including but not limited to your name, address, telephone number, email address, or any screen or username you may use, without having your parent or legal guardian provide us prior written consent.
If we learn we have collected or received personal information from a child under thirteen (13) without verification of prior parental consent, we will delete that information. If you believe we may possess or have received any information from or about a child under thirteen (13) without such prior parental consent, please immediately contact us at [email protected].
Under GDPR, the applicable age for the requirements above in this section is sixteen (16) years of age, and in one or more countries outside the United States, the applicable age is fourteen (14) years of age, rather than thirteen (13) years of age.
V. HOW WE PROTECT YOUR INFORMATION
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, theft, use, alteration, and disclosure. All information you provide to us is stored on secure servers.
We do not and will not, at any time, request your credit card information, or other identification in a non-secure or unsolicited communication (such as email).
Unfortunately, the transmission of information via the internet is not completely secure. Although we attempt to protect your personal information, we cannot guarantee the security of your personal information transmitted to or on the Site. Any transmission of personal information is at your own risk. You assume this risk by using any part of the Site. We are not responsible for circumvention of any of our privacy settings or security measures, and/or any damages resulting from such circumvention.
If any breach of data system security occurs, we will make any legally required disclosure to you by email or posting on the Site as soon as reasonably possible. Any such disclosure will be subject to law enforcement requests and measures necessary to determine the breach’s scope and restore the reasonable integrity of the data system.
VI. HOW YOU MAY CHANGE OR REMOVE INFORMATION
Accessing and Correcting Your Information
You may send us an email at [email protected] to request access to, object to, rectify, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
You may email us at [email protected] to request that we delete your personal information from our database. For such requests, please write “delete my personal information” in the subject line, and include your first and last name and email address in the body of the message. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for administrative purposes.
Please note that we will store communications you may send through the Site, and they may not be subject to modification or deletion.
Please note, similar rights will apply in the UK, EEA and Switzerland. Please see the Privacy section for users from the EEA, UK, and Switzerland for further information.
VII. LINKS TO THIRD-PARTY WEBSITES AND SERVICES
VIII. NON-US USERS
IX. PRIVACY SECTION FOR USERS FROM THE UK, EEA AND SWITZERLAND
A. Data Controller
B. Legal Grounds for Processing Your Personal Data
Under data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent below:
C. International Transfers of Personal Data
Non-UK/EEA countries may not provide the same degree of protection for your personal data, may not give you the same rights in relation to your personal data and may not have a data protection supervisory authority to help you if you have any concerns about the processing of your personal data. However, when transferring your personal data outside the UK, EEA, or Switzerland, we will comply with our legal and regulatory obligations in relation to your personal data, including having a lawful basis for transferring personal data and putting appropriate safeguards in place to ensure an adequate level of protection for the personal data. We will take reasonable steps to ensure the security of your personal data in accordance with applicable data protection laws.
When transferring your personal data outside the UK, EEA, or Switzerland, we will, where required by applicable law, implement at least one of the safeguards set out below. Please contact us if you would like further information on the specific mechanisms used by us when transferring your personal data outside the UK, EEA, or Switzerland.
D. Rights of EEA Residents
E. If You Fail to Provide Your Personal Data
Where we are required by law to collect your personal data, or we need to collect your personal data under the terms of a contract we have with you, and you fail to provide that personal data when we request it, we may not be able to perform the contract we have or are trying to enter into with you. This may apply where you do not provide the personal data we need in order to provide the Products you have requested from us or to process an application to register an account. In these circumstances, we may have to cancel your application or the provision of the relevant Products to you, in which case we will notify you.
X. YOUR CALIFORNIA PRIVACY RIGHTS
A. Shine the Light
If you are a resident of California, USA and a Site user, you have specific rights regarding our handling of your “personal information” as specifically defined in California’s “Shine the Light” law (See Cal. Civil Code Section § 1798.83). This law permits users of the Site who are California residents to request certain information regarding our disclosure of personal information to third parties. To make such a request, please (a) send an email to: [email protected] and include “California Privacy Rights” in the subject line of the email; or (b) write us at: 451 Park Avenue South, 7th Floor, New York, NY 10016.
Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the categories of third parties receiving that personal information. A request may be made no more than twice per calendar year and we are not required to respond to requests made by means other than through the email address and mailing address above.
B. Your Rights Concerning California Personal Information
You have certain rights in connection with the collection of your personal information as a resident of California. You may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
To exercise any of the above rights, please contact us and submit the required verification information as described at [email protected] and include “California Privacy Rights” in the subject line of the email; or (b) write us at: Kodansha USA Publishing, LLC, 451 Park Avenue South, 7th Floor, New York, NY 10016. We may request that you provide additional information to verify your identity or to correctly understand, evaluate and respond to your request, but you are not required to create an account with us in order to have it fulfilled. We ask you to provide specific personal information for our records and reference. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request.
You may designate an authorized agent to submit requests on your behalf by designating such an agent in writing. We may require the agent to provide us with proof that you have authorized the agent to make requests on your behalf prior to accepting requests from the agent.
We will not discriminate against you for exercising any of these rights under the CPRA above.
XI. YOUR VIRGINIA PRIVACY RIGHTS
If you are a Virginia resident, you have certain rights under the Virginia Consumer Data Protection Act (VCDPA). These include the right to (i) confirm whether or not a controller is processing the personal data and to access such personal data; (ii) correct inaccuracies in the personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data; (iii) deletion of personal data; (iv) obtain a copy of the personal data that previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means; and (v) opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
If you wish to exercise your rights under the VCDPA please contact us by email at the email address provided in the “Contacting KUP” Section XIV below. If we refuse to take action on the request, you may appeal by sending an email to us at the email address above. You may submit a complaint to the Attorney General at https://www.oag.state.va.us/consumercomplaintform.
We will not discriminate against you for exercising any of these rights under VCDPA above.
XII. DO NOT TRACK DISCLOSURE
KUP does not respond to “Do Not Track” browser signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you use the Site.
XIII. DISPUTES; BINDING ARBITRATION
XIV. CONTACTING KUP