Last Revised: March 5th, 2020
Other than as described in this Policy, we will not give any information about you to others without your express permission.
Information Collection and Use
Our Site and application use forms in which you give us contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support, and make product suggestions. For certain services, we may also request a credit card number, government identification number, or other financial information. We will then create an account number for you.
We receive and store any information you enter on our Site, application, or give us in any other way, including through email, telephone, or other communications with our customer service. If you contact us for support, we might will keep an internal record of what support was given.
We use your information to contact you regarding functionality changes to our products, our Site and mobile application, new Servgate services, and special offers we think you’ll find valuable. If you would rather not receive this information, please contact us.
We may also use your information to present a co-branded offer with our partners or affiliates. If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.
We use information gathered about you from our Site or mobile application statistics (for example, your IP address or device operating system) to help diagnose problems with our server, and to administer our Site and mobile application. We also gather broad demographic information from this data to help us improve our Site and mobile application and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.
This Site contain links to other websites. Unfortunately, Servgate is not responsible for the privacy practices or the content of such sites.
We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our „About“ page, to allow you to contact us directly. We strive to promptly reply to your messages.
The information you send to us may be stored and used to improve this Site, our mobile application, and our products, or it may be reviewed and discarded.
Third Party Service Providers
We may at times provide information about you to third parties to provide various services on our behalf, such as processing credit card payments, serving advertisements, conducting contests or surveys, performing analysis of our products or customer demographics, shipping of goods or services, and customer relationship management. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your personally identifiable information for any secondary purposes.
In the event that we use third party advertising companies to serve ads on our behalf, these companies may employ cookies and action tags (also known as single pixel gift or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Supplementation of Information
In order to provide certain services to you, we may on occasion supplement the personal information you submit to us with information from third party sources (e.g., information from our strategic partners, service providers). We do this to enhance our ability to serve you, to tailor our products and services to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
From time-to-time, we may provide you with the opportunity to participate in contests or surveys. If you choose to participate, we may request certain personally identifiable information from you. Participation in these contests or surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code and age level – note that you must be 18 or above to enter). We use this information to notify contest winners and award prizes, to monitor site traffic, and to personalize our Site.
We may use a third party service provider to conduct these surveys or contests. When we do, that company will be prohibited from using our users‘ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
Servgate may display targeted offers to our customers based on the products currently owned by the customer. These offers will display as varying product banners. There is no personal or Geo-location information collected within these product banners to build a profile about your activities or that is shared with third party advertising companies.
What Happens to my Personal Information if I Terminate my Servgate Account?
When your Servgate account is canceled (either voluntarily or involuntarily) all of your personally identifiable information is placed in „deactivated“ status on our relevant Servgate databases. However, deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information as necessary in order to comply with our legal obligations, resolve disputes, or enforce our agreements.
Updating Your Information
You may alter your account information or opt out of receiving communications from us and our partners at any time. We have the following options for changing and modifying your account information or contact preferences.
You may send an email to email@example.com
You may visit your online Account Manager
You may send mail to Servgate Corporation
at the following postal address:
1-11-14 Azura, 491-0835 Ichinomiya, Aichi, Japan
You may call us at: +81-586-81-7250
You may fax us at: +81-586-81-7251
Transfer of Data Abroad
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN’s rules, regulations and policies.
Changes in Our Practices
Contacting Our Site
Criminal Subpoena Policy
Last Revised: March 5th, 2020
If you seek the identity or account information of a Servgate customer in connection with a criminal matter, and you are a member of the law enforcement community, you must fax, mail, or serve Servgate.jp, with a valid subpoena.
Submission of Subpoenas
Servgate is headquartered in Ichinomiya, Aichi and all criminal subpoenas should be served at that location or mailed to:
Alternatively, the criminal subpoena can be faxed to:
Policies Regarding Email
Servgate will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Servgate’s e-mail servers do not retain deleted or sent e-mail.
Servgate reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Servgate e-mail address is related to the pending investigation and the underlying subpoena.
Last Revised: March 5th, 2020
2. ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an „Account). You represent and warrant to Servgate that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Servgate has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Servgate reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, Servgate recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with Servgate. You must notify Servgate immediately of any breach of security or unauthorized use of your Account. Servgate will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Servgate or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services found at this Site in a manner (as determined by Servgate in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Servgate or Servgate’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Servgate.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access Servgate Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Servgate may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. Servgate does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not use this Site or the Services found at this Site, including any of Servgate’s related technologies, for any commercial use without Servgate’s express prior written consent.
Servgate reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
5. YOUR USE OF SERVGATE CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Servgate Content and User Content posted to Servgate’s corporate websites (i.e., those sites which Servgate directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice („User Submissions“), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, „User Content“). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Servgate that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Servgate Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Servgate Content or the User Content therein.
6. SERVGATE’S USE OF USER CONTENT
The provisions in this Section 6 apply specifically to Servgate’s use of User Content posted to Servgate’s corporate websites (i.e., those sites which Servgate directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate Servgate to treat your User Submissions as confidential or secret.
- Servgate has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
- Servgate may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Servgate shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
If you have a website hosted by Servgate or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.
7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
8. ADDITIONAL RESERVATION OF RIGHTS
Servgate expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Servgate in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Servgate in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Servgate, its officers, directors, employees and agents, as well as Servgate’s affiliates.
Servgate expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
9. NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by Servgate’s Anti-Spam Policy referenced above and available here. You agree Servgate may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Servgate liquidated damages in the amount of 100 円 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
10. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Servgate. Servgate assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Servgate does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Servgate from any and all liability arising from your use of any third-party website. Accordingly, Servgate encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED „AS IS“, „AS AVAILABLE“ AND „WITH ALL FAULTS“. SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SERVGATE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, „X-RATED“, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SERVGATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SERVGATE’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
14. SUCCESSORS AND ASSIGNS
15. NO THIRD-PARTY BENEFICIARIES
16. COMPLIANCE WITH LOCAL LAWS
Servgate makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
17. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
18. CONTACT INFORMATION
Last Revised: March 5th, 2020
Servgate.jp does not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse compliant center to register allegations of spam abuse. Customers suspected to be using Servgate products and services for the purpose of sending spam are fully investigated. Once Servgate determines there is a problem with spam, Servgate will take the appropriate action to resolve the situation. Our spam abuse compliant center can be reached by email at firstname.lastname@example.org.
HOW WE DEFINE SPAM
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:
Windows system messages
Pop-up messages (aka „adware“ or „spyware“ messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
WHAT WE ALLOW AND DON’T ALLOW
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Servgate’s no spam policies. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already „opted-in“ to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by Servgate, conclusive proof of opt-in may be required for an email address or fax number.
WHAT WE DO
If Servgate determines the services in question are being used in association with spam, Servgate will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to Servgate stating that they will cease to send spam and/or have spam sent on their behalf. Servgate will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event Servgate determines the abuse has not stopped after services have been restored the first time, Servgate may terminate the hosting and email boxes associated with domain name in question. To Report Spam Abuse: We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email.