Privacy Policy

Last Revised on August 1, 2022

We are committed to respecting and protecting your privacy and complying with any applicable law and regulation regarding your personal information. This Privacy Policy describes how we collect, use, disclose, and protect your personal information, including across our Yaku game (the "Game") our website https://yaku.ai/ (the "Website"), and all other content and functionality accessible via our Website and our Game (collectively, the “Services”), in each case operated by or on behalf of Yakushima Corp. (“we,” “us,” “our”).

This privacy policy is adapted to the Andorran and European laws and regulations in force concerning the protection of personal data on the Internet. Specifically, it complies with the following texts and provisions:

– Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR)

– Andorran Law 15/2003, of December 18, called « Protection of Personal Data ».

Please read this Privacy Policy carefully. If you do not agree with this Privacy Policy in general or any part of it, you should not access the Website, use our Services, or otherwise provide your information to us.

Register of Personal Data

In accordance with the provisions of the GDPR and the Andorran Personal Data Protection Act, we inform you that the personal data collected by the Services Owner via the forms on the Services will be incorporated and processed in our files to be able to facilitate, rationalise and comply with the commitments established between the Services Owner and the User or the maintenance of the relationship established in the forms he fills in, or to respond to a request from the User. Likewise, in accordance with the provisions of the GDPR and Andorran law, unless the exception provided for in article 30.5 of the RGPD is applicable, a record of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the GDPR Regulations.

Information We Collect

Information we collect falls into one of two categories: “automatically collected” information and “voluntarily provided” information.

“Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our Services.

“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our Services.

Collection and Use of Information

We may collect personal information from you when you do any of the following on our Services:

• Register for an account

• Use a mobile device, personal computer, or web browser to access our Services

• Contact us via email, social media, chat programs, or on any similar technologies

• When you mention us on social media

We may use information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

• to provide you with our Services

• to enable you to customize or personalize your experience of our Services

• to operate, improve, and develop our Services

• to contact and communicate with you

• to enable you to access and use our Services, associated interactive features, associated applications, and associated social media or chat platforms

• to comply with our legal obligations and resolve any disputes that we may have

• for security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our Terms of Use

Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will implement and maintain practices to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Any information you transmit to us you do at your own risk.

You are responsible for selecting any password, to the extent one is required, and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, you are responsible for ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this Privacy Policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

Children's Privacy

We do not aim any of our Services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13. If we become aware that we have unknowingly collected information about a child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject, depending on his or her place of residence, to the following principles set out in Article 5 of the GDPR or to the principles set out in the Andorran Law qualified for the protection of personal data:

– Principle of legality, fairness and transparency: the User’s consent will be required at all times, with fully transparent information on the purposes for which personal data is collected.

– Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.

– Principle of data minimization: personal data collected will only be that which is strictly necessary for the purposes for which it is processed.

– Accuracy principle: personal data must be accurate and up-to-date.

– Principle of limitation of the storage period: personal data will be kept only in such a way as to allow the identification of the User for the time necessary for the purposes of processing.

– Principle of Integrity and Confidentiality: Personal data will be treated in such a way as to guarantee their security and confidentiality.

– Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are duly respected.

Categories of personal data

The categories of personal data processed on the Services are only identification data. Under no circumstances will special categories of personal data be processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. The Services Owner undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.

The User has the right to withdraw his consent at any time. Withdrawing consent is as easy as providing such consent. As a general rule, withdrawal of consent will not condition the use of the Services.

In cases where the User must or may provide his or her data through forms to request information or for reasons related to the content of the Services, the User will be informed of the mandatory nature of providing such personal data.

Purposes of the processing for which the personal data is intended

Personal data is collected and managed by the Services Owner in order to facilitate, streamline and fulfil the commitments established between the Services and the User or to maintain the relationship established in the forms that the latter fulfils or to respond to a request or query. Likewise, the data may be used for commercial purposes of personalization, exploitation and statistics, and for activities corresponding to the Services Owner’s social objective, as well as for data extraction, storage and marketing studies to adapt the Content and Services offered to the User, as well as to improve the quality, functioning and navigation of the Services. At the time the personal data is obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be made of the information collected.

Periods of retention of personal data

Personal data will be kept only for the minimum time necessary for the purposes of processing and, in any case, until the User requests their deletion. At the time the personal data is obtained, the User will be informed of the length of time the personal data will be kept or, when this is not possible, the criteria used to determine this length of time.

Recipients of personal data

The User’s personal data will not be shared with third parties. In any case, at the time of obtaining the personal data, the User will be informed of the recipients or categories of recipients of the personal data.

Secrecy and security of personal data

The Services Owner undertakes to take the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of the personal data and to avoid the accidental or illegal destruction, loss or alteration of the personal data transmitted, stored or otherwise processed, or the unauthorised communication or access to said data. The Website has an SSL (Secure Socket Layer) certificate which guarantees that personal data is transmitted securely and confidentially and fully encrypted. However, because the Services Owner cannot guarantee the total absence of hackers or other persons who fraudulently access personal data, the Data Controller undertakes to communicate to the User, if necessary, without undue delay, an infringement of the security of his/her personal data that may pose a high risk to the rights and freedoms of natural persons. In accordance with the provisions of Article 4 of the GDPR, a breach of security of personal data is understood as a breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or processed, or the unauthorized communication or access to such data. Personal data will be treated confidentially by the Data Controller, who undertakes to inform and guarantee by a legal or contractual obligation that said confidentiality is respected by its employees, associates and any person who has access to the information.

Rights deriving from the processing of personal data

The User, depending on his or her place of residence, may exercise before the Data Controller the following rights recognized in the GDPR or those set forth in the Andorran Law qualified for the protection of personal data: – Right of access: the User’s right to obtain confirmation as to whether or not the Services Owner is processing his or her personal data and, if so, to obtain information on his or her specific personal data and the processing that the Services Owner has carried out or is carrying out, as well as, among other things, the information available on the origin of said data and the recipients of the communications carried out or envisaged. – Right of rectification: the User’s right to modify personal data that may be inaccurate or, given the purposes of the processing, incomplete. – Right of deletion: the right of the User, unless otherwise provided by current legislation, to obtain the deletion of his/her personal data when it is no longer necessary for the purposes for which it was collected or processed and in particular in the following cases: the User has withdrawn his/her consent to the processing; the User objects to the processing and there is no other legitimate reason for it to continue; the personal data has been processed unlawfully; or the personal data must be deleted in accordance with a legal obligation. – Right to Limit Processing: The User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing in the following cases: when the User disputes the correctness of his/her personal data; the processing is unlawful; the controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing. – Right to data portability: in the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his/her personal data in a structured format, for common use and mechanical reading, and to transmit them to another person in charge of the processing. Whenever technically possible, the Data Controller will transfer the data directly to the other person in charge. – Right of opposition: the User’s right that the processing of his/her personal data is not carried out or that the processing of his/her data by the Services Owner ceases. – Right not to be subject to a decision based solely on automated processing, including the elaboration of profiles: the User’s right not to be subject to an individualized decision based solely on the automated processing of his/her personal data, including the elaboration of profiles, unless otherwise provided by applicable law. Consequently, the User may exercise his rights by means of a written communication addressed to the Data Controller specifying: – Name and surname of the User and a photocopy of his/her identity card. In cases where legal representation is required, a photocopy of the identity card of the legal representative, as well as the document proving said representation, will also be required. The photocopy of the identity card may be replaced by any other legal means that proves the identity of the User. – Specific reasons for the request. – Address for notifications. – Date and signature of the applicant. – Any document proving the request made. This request and any other attached document can be sent to the company Yakushima Corp. at the following email: [e-mail]

Complaints to the supervisory authority

In the event that the User believes that there is a problem or violation of the laws and regulations in force in the processing of his personal data, he will have the right to effective judicial protection and the right to file a complaint with a supervisory authority in the State where he has his habitual residence, place of work or the place of the alleged violation. In the case of Andorra, the supervisory authority is the « Agència Andorrana de Protecció de Dades ».

Acceptance and modifications of this privacy policy

It is necessary that the User has read and complies with the conditions for the protection of personal data contained in this Privacy Policy, as well as agrees to the processing of his or her personal data so that the Data Controller can proceed to process them in the form, for the periods and for the purposes indicated. The use of the Website will imply the acceptance of this Privacy Policy. The Services Owner reserves the right to modify its privacy policy in accordance with its own criteria or motivated by a legislative, jurisprudential or doctrinal change of « l’Agència Andorrana de Protecció de Dades ». The modifications or updates of this Privacy Policy will be explicitly notified to the User.

Disclosure of Personal Information to Third Parties

We may disclose personal information to third parties in the following circumstances:

• with our parent, subsidiary, and/or affiliated entities;

• with service providers for the purpose of enabling them to provide our Services, including IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, professional advisors, and payment systems operators;

• advertising partners;

• our employees, contractors, and/or related entities;

• credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

• courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, or any obligations arising thereunder, or in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights or those of a third party;

• to prevent physical harm, financial loss, or fraud on our Services; and

• an entity that buys, or to which we transfer, all or substantially all of our assets and business.

Third Party Websites and Links

Our Services may link to or interact with third party sites or services, such as your wallet provider, or chat platforms, such as Discord, that are not operated by us. Our inclusion of such links or use of such services or platforms does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on our Services. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy. Please be aware that we have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices. This Privacy Policy does not apply to any of your activities after you leave our Services.

User-Generated Content

Please note that we do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of User-Generated Content (“UGC”) or what others do with information you share with them on such platforms. We are not responsible for the accuracy, use, or misuse of any UGC that you disclose or receive from third parties through social media or discussions on our Services.

Your Rights and Controlling Your Personal Information

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Yaku Support Email: [e-mail]

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You may also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Cookie Policy

Access to this Services may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each User ­on the different devices that he or she may use to navigate­ so that the server remembers certain information that will only be read by the server that set them. Cookies make navigation easier, more user­friendly and do not damage the navigation device. Information collected via cookies may include the date and time of visits to the Services, the pages viewed, the time spent on the Website and the sites visited just before and just after. However, no cookie enables the Services to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way the User’s private information is part of the cookie is if the User personally gives this information to the server. Cookies that identify a person are considered personal data. Therefore, the privacy policy described above will apply to them. In this sense, the User’s consent will be required for their use. This consent will be communicated, on the basis of a genuine choice, given expressly before any processing.

Own cookies

These are cookies that are sent to the user’s computer or device and are managed exclusively by the Services Owner for the best functioning of the Services. The information collected is used to improve the quality of the Services and its Content and Service and the User’s experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Services and to adapt the content to offer content in accordance with his or her preferences.

Deactivating, refusing and deleting cookies

The User can deactivate, refuse and delete cookies – in whole or in part – installed on his device via his browser settings (which include, for example, Chrome, Firefox, etc.). In this sense, the procedures for refusing and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser he or she is using. In the event that he refuses the use of cookies ­in whole or in part­, he may continue to use the Website, but he may be limited in the use of certain features of the Services.

Changes in the cookie policy

The cookie policy may change or be updated. For this reason, the User is recommended to review this policy each time he or she accesses the Services in order to be properly informed of how and why we use cookies.

The User may thus oppose the registration of cookies by configuring their browser as follows:

For Microsoft Internet Explorer 6.0 and above : 1. Choose the « Tools » menu (or « Tools »), then « Internet Options » (or « Internet Options »). 2. Click on the « Confidentiality » (or « Privacy ») tab. 3. Select the desired level using the slider.

For Firefox : 1. Choose the « Tools »> »Options » menu. 2. Click on the « Privacy » option.

For Safari 3.x for Mac OS X : 1. Choose the « Editions » menu. 2. Click on the « Preferences » option. 3. Click on the « Security » option. 4. Click on « Show Cookies ».

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy or an insolvency proceeding, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this Privacy Policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Changes to This Policy

At our discretion, we may change our Privacy Policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this Privacy Policy, we will post the changes here at the same link by which you are accessing this Privacy Policy with the last revised date. Updates to our Privacy Policy will apply only to information collected after the date of the change.

Please check regularly for notices of changes to our Privacy Policy. If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Contact Us

Should you have any questions about our privacy practices or this Privacy Policy, please email us at [e-mail].