Kanagawa MY ME-BYO Record Terms of Use

掲載日:2020年11月9日

Chapter 1: General Provisions

(Definition of terms)

Article 1

The terms used in these Terms of Use are defined below.
(1) “Individual User” denotes an individual who has applied to the Service as defined in (4), and has had this application approved by Kanagawa Prefecture.
(2) “Applicant” denotes an individual who has applied to the Service as defined in (4) whose application has not yet been approved by Kanagawa Prefecture.
(3) “Health Information Platform” (hereinafter referred to as the “System”) denotes the database that stores and manages health information built and managed by Kanagawa Prefecture.
(4) The “Service” denotes the use of health information registered with/provided to the System by the Individual User. Further details are provided in Article 4.
(5) A “Third Party” denotes a person other than the Individual User, including the Individual User’s family members.
(6) “User Information” denotes all information recorded in the Service by the Individual User, including personal information recorded according to the Kanagawa Prefecture Personal Information Protection Ordinance.
(7) “Health” denotes the concept of continuous changes of physical and mental condition along the spectrum from “healthy” to “sick,” as opposed to the concept of two discrete states of “healthy” and “sick.”
(8) “Service Operator” denotes any party that has been commissioned or approved by Kanagawa Prefecture, has applied to use the features established by these terms, and has had this application approved by Kanagawa Prefecture.

(Application of the Terms of Use)

Article 2

In providing the Service, Kanagawa Prefecture establishes these terms, and the Individual User or person who wishes to use the service on the Individual User’s behalf (hereinafter referred to as the “Representative”) uses the Service on the basis of these Terms of Use.

(Scope of the Terms of Use)

Article 3

Notifications delivered by the Service to the Individual User or the Representative (hereinafter collectively referred to as the “Individual User”) as established in Article 6 shall constitute part of the Terms of Use. If the provisions of the Terms of Use and of a notification as established in Article 6 differ, the notification as established in Article 6 shall take precedence.

(Contents of the service)

Article 4

Kanagawa Prefecture provides the following services using LINE, the smartphone app, etc. Kanagawa Prefecture reserves the right to make changes to the following services without the consent of the Individual User.
(1) Health information management service: A service allowing users to record and store health information in the System as described in the Appendix, and to refer to that information using an internet-connected device such as a smartphone.
(2) Health-related information service: A service displaying and delivering health- and illness-related information to the Individual User.
(3) Disaster information service: A service through which Kanagawa Prefecture may provide information recorded in the System by individuals regarding medication, allergies, etc. to medical institutions and municipalities in times of disaster or emergency aid, when deemed necessary by Kanagawa Prefecture.
(4) Application connection service: A service through which, where agreed to by the Individual User, the Service may connect to an application provided by a Service Provider, and provide personal health information recorded in the System to the Service Provider, or enable the System to receive health information shared by an application provided by a Service Provider.

(Provision of the service)

Article 5

When providing the service to the Individual User as established in Article 4, Kanagawa Prefecture offers a service which assumes the Individual User is connected to the internet using a device such as a smartphone.

 

(Notifications from the Service)

Article 6

Kanagawa Prefecture may notify the Individual User of any matters important to operation of the service via LINE, the smartphone app, a display on the prefecture homepage, or by any other method that Kanagawa Prefecture deems appropriate.
2. The notifications described in the preceding paragraph shall become effective from the moment they are displayed to the Individual User by Kanagawa Prefecture via LINE, the smartphone app, the prefecture homepage, or by any other method that Kanagawa Prefecture deems appropriate.
 

Chapter 2: Individual Users

(Execution of the Usage Agreement)

Article 7

An individual trying to use the Service must submit a participation application to Kanagawa Prefecture via a method determined by Kanagawa Prefecture, and enter into an agreement with Kanagawa Prefecture, based on these Terms of Use, regarding usage of the Service (hereinafter referred to as the “Usage Agreement”).2. When Kanagawa Prefecture determines that the Applicant is not endowed with the necessary faculties to use the service, such as if the Applicant is an infant, Kanagawa Prefecture may permit a Representative to use the Service.

3. When a Representative applies as described in Article 1, the Representative shall clearly state their intention to serve as a Representative as described in the preceding paragraph.

4. Kanagawa Prefecture shall carry out a review of the Applicant or Representative (hereinafter collectively referred to as the “Applicant”) based on the provisions of Article 8. If this review results in approval of the Applicant’s participation in the Service, Kanagawa Prefecture shall notify the Applicant of this approval, and the Usage Agreement shall be executed on that day.


(Refusal of participation)

Article 8

If any of the following apply upon receipt of the Applicant’s request to use the Service, Kanagawa Prefecture may decline to enter into an agreement with the Applicant.
(1) It is determined that the Applicant does not exist.
(2) It is determined that the Applicant has previously had their Individual User rights revoked due to a violation of the Terms of Use.
(3) It is determined that the Applicant’s application contains falsehoods, errors, or omissions.
(4) The Applicant is determined to have engaged in any other conduct which Kanagawa Prefecture considers inappropriate.

 

(Notification of changes)

Article 9

In the event of any changes to the address or other information contained in the application provided by an Individual User to Kanagawa Prefecture, or to any information contained in any other notifications provided by an Individual User to Kanagawa Prefecture, the Individual User shall notify Kanagawa Prefecture of these changes via the designated method. Excepting where permission is granted by Kanagawa Prefecture for e.g. family name changes due to marriage, the name submitted to Kanagawa Prefecture cannot be changed.
2. Kanagawa Prefecture shall bear absolutely no responsibility for any losses suffered by an Individual User as a result of failure to provide the notifications described in the preceding paragraph.

Chapter 3: Responsibilities of the Individual User

(Rules of individual responsibility)

Article 10

The Individual User shall bear all responsibility for their use of the Service and any conduct or effects resulting from their use of the Service.
2. In the event that the Individual User’s use of the Service or any conduct resulting from use of the Service or of the Individual User’s failure to fulfill the obligations of these Terms of Use results in any damages to Kanagawa Prefecture or to any third party, the Individual User shall bear these at their own responsibility and expense.
3. If, while the Individual User is receiving the Service, Kanagawa Prefecture asks the Individual User questions necessary for usage of the Service, the Individual User shall bear responsibility for answering these questions.
4. The Individual User shall use any information received from the Service based on their individual choice, judgment, and intention, with reference to their health and external environmental conditions at that point in time.
5. The Individual User shall maintain proper security according to the needs of their personal usage environment, including prevention of computer viruses, improper access, and information leaks.


(Issuing and management of Individual User Numbers)

Article 11

Kanagawa Prefecture shall grant an Individual User number (hereinafter referred to as a “User ID”) to any Individual User whose participation is approved according to Article 7, Paragraph 4.
2. The Individual User shall bear all responsibility for the management and use of the User ID and password issued by Kanagawa Prefecture, and shall endeavor to prevent their improper use. Kanagawa Prefecture shall bear absolutely no responsibility for any damages incurred by the Individual User as a result of the use of the Individual User’s User ID and password by a third party for no reason attributable to Kanagawa Prefecture, regardless of the presence or absence of intentional negligence on the part of the Individual User.
3. If the Individual User forgets information used to prove their identity, such as their password, or determines that their User ID and password have been used improperly by a third party, the Individual User shall promptly notify Kanagawa Prefecture of this fact, and follow Kanagawa Prefecture’s directions.
4. The Individual User shall not share any information used to prove their identity or any rights to use of the Service contingent upon proof of identity, such as their User ID, with a third party, nor cause or permit a third party to use the information or rights, except when acting as a Representative as described in Article 2.


(Process for termination of use of the service)

Article 12

If the Individual User wishes, of their own accord, to terminate their use of the service, they shall notify Kanagawa Prefecture of this via the designated method. Upon receipt of this notification, Kanagawa Prefecture shall promptly carry out the termination process.
2. Following completion of the process for termination of use of the service, Kanagawa Prefecture shall promptly delete the Individual User’s personal information.


(Prohibition of assignment)

Article 13

The Individual User shall not transfer, in whole or in part, any of the rights or obligations of the Usage Agreement to a third party.
2. Regardless of the preceding paragraph, the Individual User may, via a method established by Kanagawa Prefecture, grant another Individual User the authority to view the Individual User’s information, or the personal information of the Individual User’s children or parents that has been recorded by the Individual User.


(Prohibited conduct)

Article 14

The Individual User shall not, in using the Service, engage in any of the following conduct.
(1) Recording false personal information using the Service, or otherwise making false declarations to Kanagawa Prefecture.
(2) Falsifying information related to the Service.
(3) Transferring, loaning, or making improper use of their User ID and password.
(4) Causing a third party to use the Service (except when acting as a Representative as described in Article 2 or Article 13, Paragraph 2).
(5) Transferring or posting harmful computer programs.
(6) Participating in pre-election campaigning, election campaigning, or similar conduct.
(7) Using the Service for any commercial purpose.
(8) Any conduct that obstructs use or supply of the Service.
(9) Any conduct that infringes on the copyright or any other intellectual property rights of Kanagawa Prefecture, or of any third party.
(10) Any conduct that infringes on the property, reputation or privacy of Kanagawa Prefecture or of any third party.
(11) Any conduct in violation of the law or contrary to public order and morals.
(12) Reselling of the Service to a third party.
(13) Any conduct causing considerable discomfort to another Individual User.
(14) Any other conduct that discredits Kanagawa Prefecture, or causes damage to Kanagawa Prefecture or to any third party.

(Operation of the service)

Article 15

The Individual User assumes all responsibility for the provision and preparation of any mobile telephone, software, communications device, and any other device required by these devices, necessary to use the Service.
2. The Individual User uses the Service having assumed responsibility for the receipt of an Internet connection service from an Internet service provider
3. Kanagawa Prefecture shall establish the method of operating the Service through an operating manual, and manuals accompanying any updates to the way the Service is used. The Individual User shall use the Service in accordance with the provided methods of operating the Service, including the latest materials provided online.

Chapter 4: Usage fees

(Fees)

Article 16

Use of the Service is free. Usage fees of applications provided by Service Providers to which the System connects shall be determined by the relevant application’s terms of use or other materials.

Chapter 5: Operation

(Limitation of liability and exemption from responsibility)

Article 17

The Service provides health information to the Individual User, supports improvement and promotion of health, and provides accurate information to medical workers if the Individual User requires medical care in a disaster or other emergency. Kanagawa Prefecture makes no guarantees regarding the improvement or promotion of the Individual User’s health, nor regarding the results of any medical care provided. Kanagawa Prefecture shall bear absolutely no responsibility for any damages incurred by the Individual User arising from use of the Service.
2. Kanagawa Prefecture makes absolutely no guarantees regarding the operation of any device or software used by the Individual User.
3. Though the Service stores the Individual User’s data on its server, absolutely no guarantees are provided regarding the accuracy of the stored data.
4. Kanagawa Prefecture offers no guarantees regarding, and bears absolutely no responsibility for, the completeness, accuracy, applicability, or usefulness of any data provided by Kanagawa Prefecture’s Service Providers.
5. Kanagawa Prefecture bears absolutely no responsibility for any non-use of the Service at the Individual User’s own volition.
6. In the event of any damages incurred by Kanagawa Prefecture or by a third party as a result of the Individual User’s use of the Service, or of any dispute arising between the Individual User and a third party, the Individual User shall bear all responsibility for the resolution of these.
7. In addition to the preceding paragraphs, Kanagawa Prefecture shall bear absolutely no responsibility in the event that any damages are incurred by the Individual User or by a third party for any of the following reasons.
(1) If Kanagawa Prefecture is unable to provide the Service due to a natural disaster or other act of God.
(2) If the Individual User is unable to use the Service due to a fault with a device used by the Individual User.
(3) If the Individual User cannot use the Service due to being unable to use their internet connection service.
(4) If the Individual User’s User ID and password are used improperly by a third party through no fault of Kanagawa Prefecture.
(5) If the Individual User is unable to use the Service for a reason established in Article 18.
(6) If the Individual User fails to fulfill the notification duties established in Article 9.
(7) If the Individual User violates these Terms of Use.
(8) For any other reason established by these Terms of Use for which Kanagawa Prefecture bears no responsibility.
(9) If the Individual User’s use of the Service otherwise results in any damages to the Individual User or to a third party through no fault of Kanagawa Prefecture.
8. In the event of any loss of the Individual User’s data stored in the System (except when the data was deleted by the Individual User), or of any alteration of the Individual User’s data by a third party, Kanagawa Prefecture shall, to the extent technologically possible, endeavor to restore the data. Kanagawa Prefecture shall be exempted from all responsibilities accompanying the loss or alteration of data.
9. Kanagawa Prefecture shall bear absolutely no responsibility for any damages caused to the Individual User or to a third party as a result of the automatic overwriting or alteration of data by the application connection service.
 
(Temporary suspension)

Article 18

Kanagawa Prefecture may temporarily suspend the Service, without notifying or receiving the approval of the Individual User, if it determines that any of the following apply.
(1) To carry out maintenance following the failure of equipment necessary to the provision of the Service.
(2) If the Service cannot be provided due to a natural disaster or other act of God.
(3) For any other unavoidable operational or technological reason.
2. In addition to the preceding paragraph, Kanagawa Prefecture may suspend the service after notifying the Individual User in order to carry out regular maintenance on equipment necessary to the provision of the Service.
3. Kanagawa Prefecture shall bear absolutely no responsibility for any damages incurred by the Individual User or by any third party arising from a suspension of the Service as described in this Article.


(Suspension of use/termination of agreement)

Article 19

In the event that Kanagawa Prefecture determines that any of the following apply to the opposite party, Kanagawa Prefecture may suspend that User ID and terminate the Usage Agreement without notifying the opposite party.
(1) Upon receipt of a service termination notice from the Individual User.
(2) If the application form or notices provided to Kanagawa Prefecture are judged to contain false information.
(3) If the Individual User cannot be contacted by telephone, fax, or electronic mail.
(4) If a communication sent to the Individual User is returned to the sender.
(5) If these Terms of Use are violated.
(6) If the user significantly hinders Kanagawa Prefecture’s business by excessively making long phone calls or inquiries regarding the same issue, or making demands for which they have no responsibility or reason.
(7) If Kanagawa Prefecture determines that the Individual User is in any other way unsuitable to use the Service.

 

(Cessation of provision of the service)

Article 20

If the Service closes, Kanagawa Prefecture shall cease provision of the Service to all Individual Users with one of the following processes.
(1) After notifying the Individual User in advance (via electronic or postal mail).
(2) After the Service can no longer be provided due to an act of God.
2. Accompanying the closing of the Service, the Individual User shall be granted the ability to view or delete their personal data until the date of closure. From the date of closure of the Service, the Individual User’s information will be unable to be viewed or deleted. In such cases, Kanagawa Prefecture shall bear absolutely no responsibility for guaranteeing the Individual User’s data.


(Copyright)

Article 21

All content, screen designs, and other works provided by Kanagawa Prefecture through the Service are the property of Kanagawa Prefecture, or the Service Provider that has concluded a contract with Kanagawa Prefecture to provide the Service.
2. Copyright to all content for which Kanagawa Prefecture has received permission from a third party to use in the Service resides with the permission-granting party, or with a party determined by the permission-granting party.

 

Chapter 6: Protection of personal information

(Handling of personal information)

Article 22

In providing the Service, Kanagawa Prefecture shall, in accordance with the Kanagawa Prefecture Personal Information Protection Ordinance, take the necessary measures to ensure that personal information provided by Individual Users is handled suitably, to avoid any leaking of, damage to, or loss of personal information, and that personal information is in all other ways handled appropriately.
2. Kanagawa Prefecture shall use personal information only for the following purposes.
(1) To provide the Service as described in Article 4.
(2) To analyze the usage conditions of the Service.
(3) To respond to inquiries from the Individual User regarding the service, or to contact the Individual User by telephone, etc.
3. Kanagawa Prefecture may, within the scope of the purpose of the Service, and based on the wishes of the Individual User, collect personal information from Service Providers and provide personal information to Service Providers. In such cases, Kanagawa Prefecture or the Service Provider shall conduct all collection and provision of personal information after receiving the consent of the Individual User.
4. The Individual User may, based on the Kanagawa Prefecture Personal Information Protection Ordinance request that Kanagawa Prefecture disclose all personal information collected about the Individual User.
5. Kanagawa Prefecture may, for reasons of public health or academic study, collect and analyze information on attributes of the Individual User, process that information such that it cannot be used to identify an individual, and use and release this anonymized information.

Chapter 7: Other notes

(Changes to the Terms of Use)

Article 23

Kanagawa Prefecture may change or add new provisions to the Terms of Use without the approval of the Individual User. In such cases, the conditions of provision of the Service shall hinge upon the updated Terms of Use. Any added or altered provisions shall constitute part of the Usage Agreement.
2. In the event of any changes to the Terms of Use, the Individual User shall be notified in advance via the Service.
3. Excluding where separately established by Kanagawa Prefecture, updated Terms of Use shall become effective from the point at which they are published to the Service by Kanagawa Prefecture.
4. The Individual User shall automatically consent to the contents of updated Terms of Use if they do not issue a request to terminate the agreement.


(Negotiations)

Article 24

In the event of the emergence of any matters not established by the Terms of Use, or of any doubts regarding the interpretation of the Terms of Use, these issues shall be resolved through good-faith negotiations between the Individual User and Kanagawa Prefecture.


(Jurisdiction)

Article 25

Any dispute relating to the Terms of Use or to the Usage Agreement shall be submitted to the exclusive jurisdiction of the Yokohama District Court in the first instance.


(Governing law)

Article 26

These Terms of Use shall be interpreted according to Japanese law.

Supplementary provisions

These Terms of Use are effective as of March 1st, 2016.
Revised: December 26th, 2016.
Revised: April 1st, 2017
Revised: April 10th, 2018
These supplementary provisions are effective as of the date of revision, and apply from April 5th, 2018.
 

Revised: November 8th, 2018.
Revised: November 17th, 2019.
Revised: March 27th, 2020.
Revised: November 6th, 2020.
 

Appendix: Information used in the health information platform(PDF:176KB)

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