TERMS OF USE | A Spectacle of Air and Water Under the Midnight Rainbow

INTRODUCTION

This website at https://www.suntory.com/ ( "the Site" ) is operated by Suntory Holdings Limited, having its principal place of business at 2-3-3 Daiba, Minato-ku, Tokyo 135-8631 Japan ( "Suntory" , "we" , "us" or "our" ). Some of our subsidiaries and/or brands may have their own, possibly different, terms of use and/or privacy policies that are posted on their own websites. We encourage you to review those terms of use and/or privacy policies when linking to those websites. Unless otherwise provided in such websites, these Terms of Use (including our Privacy Policy. Hereinafter the same shall apply) shall apply to your use of the Site.

ACCEPTANCE OF TERMS

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU SHOULD NOT USE THE SITE.
We may update these Terms of Use from time to time. We recommend that you check this page regularly to ensure that you have read the most recent version. Your use of the Site will be deemed an acceptance of the then-current version of these Terms of Use. Some of the pages on the Site are intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are not of such legal age in your country of residence and the country from which you are accessing such pages, please exit such pages immediately.

ACCEPTABLE USE

You agree that any use by you of the Site shall be in accordance with the following conditions: you may not use the Site for any purpose that is unlawful (in Japan, your country of residence and/or the country from which you are accessing the Site) or prohibited by these Terms of Use or any applicable laws; you may not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for your own personal, non-commercial, lawful, home use unless otherwise agreed in writing with Suntory. You may not, and may not assist or facilitate any third party to, circumvent or disable any security features of the Site or to upload, transmit or distribute any virus or malicious code via the Site.

INTELLECTUAL PROPERTY

All copyright, trademarks and all other intellectual property rights appearing on or contained within the Site shall remain at all times the exclusive property of and owned by us or our licensors. Except as provided in these Terms of Use, your use of the Site does not grant you any right, title, interest, or license to any such intellectual property.
You are permitted to use any material and/or content on the Site only as expressly authorized in writing by us or our licensors. Except as provided in these Terms of Use, any use of such material or content, including copy, reproduction, transmission, distribution, commercial exploitation or creation of derivative works, is prohibited.
If you become aware of any such unauthorized use, you agree to notify us immediately.

NO WARRANTIES

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SUNTORY OR ANY THIRD PARTY, AS WELL AS THEIR PRODUCTS AND SERVICES, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY AND COMPLETENESS.
EXCEPT AS REQUIRED BY LAW, WE DO NOT WARRANT THAT THE MATERIAL CONTAINED IN THE SITE, OR ANY OF THE FUNCTIONS CONTAINED IN THE SITE OR ITS SERVER, WILL OPERATE WITHOUT INTERRUPTION OR DELAY OR WILL BE ERROR FREE, FREE OF VIRUSES OR BUGS OR IS COMPATIBLE WITH ANY OTHER SOFTWARE OR MATERIAL.

LIMITATION OF LIABILITY

In no event shall Suntory, its affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any loss or damage (including but not limited to, any direct, indirect, incidental, consequential, special or exemplary damages, whether such damages are foreseen, foreseeable, known or otherwise) on any theory of liability whatsoever, including but not limited to, (i) personal injury or property damage, of any nature whatsoever; (ii) loss arising out of unauthorized access to or use of our secure servers and/or any and all personal information stored therein; ; (iii) loss of data; (iv) loss of profits;(v) loss of goodwill; or (vi) loss suffered by third parties, arising out of or in connection with the access, use or performance of the Site.

THIRD PARTY WEBSITES

You acknowledge and agree that we are not responsible for the availability of any third-party websites or materials you may access through the Site. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or materials.
Any dealings between you and any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services, and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

YOUR PERSONAL INFORMATION

In the course of your use of the Site, you may provide us your personal information to us via the Site. In such case, all such personal information will be handled in accordance with the Privacy Policy.

TERMINATION

We reserve the right to discontinue the Site, or terminate your access to this Site, for any reason, without notice to you and without liability to you or any third party.

INVALIDITY

If any of these Terms of Use are determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, that shall not in no way affect, impair or invalidate any other terms, and all other terms shall survive and remain in full force and effect. In such event, such illegal, invalid or unenforceable provision, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, shall be curtailed and limited only to the extent necessary to bring it within legal requirements of such jurisdiction, and modified to give effect to the parties' intentions as reflected in that provision.

GOVERNING LAW

These Terms of Use shall be governed by and interpreted in accordance with the laws of Japan and you agree to submit to the exclusive jurisdiction of the courts of Japan to hear any disputes.

These Terms of Use becomes effective as of February 27, 2015.

Privacy Policy

Suntory Holdings Limited, Suntory Wellness Limited, Suntory Spirits Limited, Suntory Business Systems Limited, Suntory Global Innovation Center Limited, and Suntory System Technology Limited (hereinafter collectively referred to as the “Company”, “we”, “us” or “our”) declare that the Company has formulated a privacy policy as set forth below for the handling of personal information which the Company may collect when you visit our global website (“Website”) and any other handling of personal information to which the laws and regulations identified in the section 1(b) below apply and that it will comply with the privacy policy and handle all personal information, including that of customers, in a safer and more appropriate manner.

Please refer [here] for our privacy policy regarding the handling of any other personal information by the Company, including personal information of customers, suppliers, and business partners and other individuals.

Some of our subsidiaries and/or brands also have their own, possibly different, privacy policies that are posted on their own websites. We encourage you to review those privacy policies when providing them with your personal information through your visit to those websites or by other means.

Global Website Privacy Policy

This Privacy Policy stipulates the Company’s basic guidelines for all personal information it collects and utilizes.

1. Compliance with laws and regulations

When handling personal information, the Company shall comply with:

(a) the laws, regulations and guidelines in Japan, including the Act on the Protection of Personal Information in Japan (“APPI”);
(b) if applicable, the laws, regulations, and guidelines in any other jurisdictions, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation; “EU GDPR”), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR”) and the California Consumer Privacy Act of 2018 (“CCPA”) (these (a) and (b) will hereinafter collectively be referred to as the “Laws”); and
(c) this Privacy Policy.

Terms used but not defined in this Privacy Policy shall have the meanings assigned to them under the Laws.

2. Obtaining personal information

The Company shall collect personal information using proper and fair means, and unless permitted by the Laws as an exception, it shall (i) explicitly specify the purpose of use to you or disclose it to the public in advance, or (ii) promptly notify you of that purpose of use or disclose it to the public once the Company has collected personal information. For the purpose of use of personal information that are disclosed to the public in advance, please refer to Public Announcement.

The Company shall collect personal information within the scope necessary for achieving of the purpose of use concerned.

Unless permitted by the Laws as an exception, the Company shall obtain your consent to do so prior to collection of sensitive personal information.

For the legal basis for the handling of personal information under the EU GDPR and UK GDPR, please refer to Public Announcement.

3. Use of personal information

Unless permitted by the Laws as an exception, the Company shall use personal information within the scope necessary for achieving the purpose of use prescribed in the preceding paragraph.

4. Provision of personal information

Unless permitted by the Laws as an exception, the Company shall not disclose or provide personal information to a third party.

For the joint use of personal information by the Company in accordance with the APPI, please refer to Public Announcement.

Unless permitted by the Laws as an exception, the Company shall (i) obtain your prior consent and/or (ii) use adequate safeguards to protect personal information, including standard contractual clauses approved by European Commission, when providing personal information to a third party in countries outside Japan and/or European Economic Area.

5. Management and protection of personal information

The Company shall take the necessary and appropriate safety measures to ensure the secure management of personal information, including the prevention of leakage, loss, and damage. It shall also exercise the necessary and appropriate supervision over the employees who handle personal information or those to which the Company entrusts with its handling. The Company has stipulated specific safety measures for personal information separately in its internal regulations.

The Company shall promptly discard or delete personal information if it has achieved the purpose of use thereof and the period of storage prescribed by the Laws has expired. For the details of how long we retain your personal information, please refer to Public Announcement.

6. Your rights under applicable laws

Under the Laws, you have certain rights in relation to your personal information, including correction, addition, deletion, discontinuance of utilization, erasure, or discontinuance of provision to third parties. If any of such other treatment of personal information is requested by you or your representative, the Company shall take action according to the provisions of the Laws. For the details of your rights and procedures to exercise such rights, please refer to Public Announcement.

7. Use of personal information in a manner that does not allow identification of individuals

In order to achieve purposes such as managing personal information safely and improving the quality of products and services, the Company may use personal information by converting it to statistical and other types of information that do not allow the identification of individuals. For the handling of the de-identified information by the Company in accordance with the APPI, please refer to Public Announcement.

8. Review

With respect to the handling of personal information, the Company shall review and improve the provisions of each article listed above as required.

9. Inquiries

Inquiries regarding this Privacy Policy are accepted through the Contact Us page. For the contact information of our designated representative within EU and UK for the purpose of the EU GDPR and UK GDPR, please refer to Public Announcement.

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Last revised on July 1, 2022