Privacy & Terms

Please agree to the following Terms of Use and Privacy Policy before using this service.

Article 1.	Definitions
1.	The “Service” means the service provided by Airweave Inc. (the “Company”) under the name of “MattressFit.”

2.	“User(s)” means those who use the Service.  A User is required to provide his/her consent to these Terms of Use (these “Terms”) before using the Service.  In addition, a minor must separately obtain consent from his/her guardian prior to using the Service.

3.	The Company may modify all or any part of these Terms on the Service.  In this case, the Company shall announce, on its website or app, the Company’s intention to modify these Terms and the content of the modified Terms as well as the scheduled effective date of such modification, by no later than sixty (60) days before the scheduled effective date of such modification.  Moreover, if a User uses the Service after the effective date of the modified Terms, the Company shall deem that such User has provided his/her consent to such modification.

Article 2.	Overview of the Service
1.	The content of the Service is to analyze User’s height, weight, age, gender and full body photos of the front and sides taken by a smartphone that are entered by the User and to recommend bedding suitable to such User based on the physical data obtained by such analysis (collectively, the “Data”).

2.	The Service is only available through smartphones (i.e. Android or iOS).

Article 3.	Prohibited Acts
Users are prohibited from engaging in any of the following acts by using the Service or in relation to the use of the Service:
(1)	Any act contrary to public order and morals, or any act in violation of the applicable laws and regulations of Japan or overseas;
(2)	Any act in breach of these Terms;
(3)	Any act that obstructs the operation of the Service;
(4)	Any act of entering any personal information of a third party into the Service;
(5)	Any act of infringing or being likely to infringe upon a third party’s or the Company’s intellectual property rights, likeness rights, privacy rights, honor rights and other rights or legally protected interests;
(6)	Any act of making a false statement regarding any information on a User (including the Data);
(7)	Any act of using the Service by the method other than that designated by the Service; and
(8)	Aside from the above items, any other act the Company deems to be inappropriate.

Article 4.	Personal Information
User’s personal information provided in relation to the use of the Service shall be managed and handled in accordance with the “Privacy Policy.”

Article 5.	Suspension of Use
1.	Upon providing the Service, if the Company determines that a User is inappropriate, such as the User causing damage to the Company in relation to the Service or the User beaching these Terms, the Company may immediately suspend such User’s use of the Service without being required to provide prior notice or obtain such User’s consent.

2.	The Company shall be responsible only for the amount up to 10,000 yen for any damage incurred by a User arising from the Company’s suspension of the Service pursuant to the preceding paragraph, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

3.	The Company is not obliged to explain to a User the reason why such User’s use of the Service is suspended pursuant to the provision of Article 5.1.

Article 6.	Temporary Discontinuation or Suspension of the Service
1.	The Company may temporarily discontinue or suspend all or any part of the Service at its discretion and without providing prior notice if:
(1)	Regular or urgent maintenance inspection or renewal work is performed on the device or the system for the Service;
(2)	It is difficult to provide the Service due to force majeure such as fire, power failure or natural disaster;
(3)	The service of a Type I telecommunications carrier is not rendered; or
(4)	Aside from the above items, the Company otherwise determines that it is necessary to temporarily discontinue or suspend the Service due to operational or technical reasons.

2.	Notwithstanding the provision of the preceding paragraph, the Company may, at its discretion, modify or terminate all or any part of the Service by providing a notice on the Company’s website, by no later than sixty (60) days before the scheduled effective date of such modification or termination.

Article 7.	Exemptions
1.	The physical data measured in the course of using the Service is an estimate made through image analysis and the Company provides no warranty as to the accuracy thereof.

2.	Users shall use the Service at their responsibility and the Company shall be responsible only for the amount up to 10,000 yen for any damage incurred by a User due to such User’s use of the Service or arising from the Service, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

3.	The Company shall be responsible only for the amount up to 10,000 yen for any damage incurred by a User due to the provision, modification, temporary discontinuation, suspension or termination of the Service or otherwise in connection with the Service, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

4.	Upon providing the Service, the Company shall take safety measures to the reasonable extent necessary for risks such as loss, alteration, divulgence, etc. of the Data due to unauthorized access by a third party (the “Information Divulgence, Etc.”); however, the Company shall be responsible only for the amount up to 10,000 yen for any damage incurred by a User due to any Information Divulgence, Etc. arising from any act of such User, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

5.	If a User causes any damage to a third party due to his/her use of the Service, such User shall resolve the same at its responsibility and expense and the Company shall be responsible only for the amount up to 10,000 yen for the same, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

Article 8.	Intellectual Property Rights
1.	Any intellectual property rights such as copyrights related to the Service and any other rights shall belong to the Company.

2.	If any copyright is contained in any information registered by a User in conjunction with his/her use of the Service, such User shall grant the Company the right to use such copyright free of charge and at the Company’s discretion, without being required to provide notice to such User.  The grant of this right may not be withdrawn and shall remain effective even after a User is no longer authorized to use the Service.  In addition, a User shall not, in anyway whatsoever, exercise any moral rights of the author against the Company or a third party regarding the use of the relevant copyright even after such User loses his/her status as a User.

Article 9.	Communication and Notification
Any communication and notification regarding the Service between the Company and a User shall be made in the method designated by the Company.

Article 10.	Severability
Even if any part of these Terms is deemed to be invalid, the remaining part of these Terms shall remain in full force and effect.

Article 11.	Governing Law and Jurisdiction
These Terms shall be interpreted and applied in accordance with the laws of Japan.  Any dispute between the Company and a User in relation to the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance according to the value of the subject matter of the litigation.

Established June 23, 2020
Airweave Inc.

Airweave, Inc. (the “Company”) hereby sets forth this Privacy Policy upon providing the MattressFit (the “Service”), with regard to the handling of personal information concerning the use of the Service in accordance with the data protection laws in the U.S. (including the state of California) and Canada, as follows:

Article 1.	Personal Information Obtained
Upon providing the Service, the Company shall obtain the following personal information (the “Personal Information”) from users who use the Service (collectively, “Users”):
(1)	Name;
(2)	Height, weight, age, gender;
(3)	Full body photos of the User’s front and profile views taken by a smartphone; and
(4)	Other information entered by the User into any form designated by the Company.

Article 2.	Purposes of Use of Personal Information
The Company shall use Users’ Personal Information to the extent necessary to achieve the following purposes.  If the Company uses the Personal Information for any purpose other than the following purposes, the Company shall obtain prior consent from the relevant User:
(1)	To provide the Service;
(2)	To handle inquiries regarding the Service;
(3)	To notify the User of any change to the terms, etc. concerning the Service;
(4)	To develop and enhance the quality of the services provided by the Company and/or its business partners, etc.;
(5)	To engage in advertising, publicity and sales promotion activities for the services of the Company and/or its business partners, etc.;
(6)	To conduct research and development at the Company and/or its business partners, etc.;
(7)	To create statistical data in relation to the Service, which is processed in a format that cannot identify individuals;
(8)	To distribute or display advertisements according to the interests, etc. of Users of the Company and/or its business partners, etc.;
(9)	To provide the User’s Personal Information to a third party in accordance with the provisions of this Privacy Policy; and
(10)	To meet purposes of use incidental to the above-listed purposes of use.

Article 3.	Sources from which Personal Information is Collected
In connection with the provision of the Service, the Company collects the above-stated Personal Information by using the following methods:
(1)	Directly collecting the Personal Information from a User himself/herself through entry into an application form by such User;
(2)	Directly collecting the Personal Information from a User himself/herself through analysis of the images uploaded by such User on the app; and
(3)	Automatically collecting the app usage history by using analysis tools such as cookies and web beacons.

Article 4.	Companies/Organizations to Which Personal Information is Provided
1.	The Company shares and provides the above-stated Personal Information for business purposes with the following companies/organizations:
(1)	Airweave Group Companies
The Company shall use the above-stated Personal Information jointly with the Airweave group companies for the above-stated purposes of use, designating the Company as the person in charge of the joint use.  The latest information on the Airweave group companies is available at the [Group Related Companies] section on the Company’s website at [https://airweave.jp/company/gaiyo.shtml].
(2)	Service Provider
The Company entrusts the handling of the Personal Information with a service provider after executing a memorandum with such service provider on the protection of the Personal Information.  The service providers may include, for example, companies which are entrusted to perform the data analysis necessary to provide the Service.
(3)	Partner Companies
The Company shall provide the Personal Information to its partner companies, such as the companies which are entrusted to perform data analysis, after having anonymized such Personal Information.
(4)	Law Enforcement Agencies
The Company may provide Users’ Personal Information to law enforcement agencies, etc. to the minimum extent necessary to fulfil legal obligations or to accommodate a request from a government or investigation agency.

2.	Notwithstanding the preceding paragraph, the Company does not sell any User’s Personal Information to a third party.

Article 5.	Provision of Personal Information to Third Parties
Except in accordance with applicable laws and regulations, the Company does not provide any Personal Information obtained from Users to any third party without obtaining consent from the relevant User; provided, however, that the foregoing shall not apply if:
(1)	The Personal Information is provided as a result of the Company entrusting all or any part of the handling of the Personal Information within the extent necessary to achieve the purposes of use;
(2)	The Personal Information is provided as a result of business succession due to merger or other reason;
(3)	The Personal Information is provided through joint use; or
(4)	The Personal Information is provided to an information collection module provider.

Article 6.	Entrustment of Personal Information Handling
1.	When the Company entrusts all or any part of the handling of the Personal Information to a third party, the Company shall conduct a strict and fair investigation into such third party and exercise appropriate supervision over such third party to ensure the safe management of the entrusted Personal Information;
2.	Upon provision of the Service, the Company shall entrust Bodygram Inc., a U.S. company, (location: 202 South Minnesota Street, Carson City, NV 89703, USA; Representative: Jin Koh; “Bodygram”) with the analysis of the User’s height, weight, age, gender and full body photos of the User’s front and profile views taken by a smartphone, and shall provide the Personal Information to Bodygram.
3.	Upon making an entrustment as specified in the preceding paragraph, the Company shall execute an appropriate entrustment agreement with Bodygram and take necessary and appropriate measures concerning the handling of the Personal Information.
4.	The Service uses an estimation measurement algorithm provided by Bodygram.  The information on the licensing of the development kits provided by Bodygram is available at the Bodygram License Information webpage:
https://bodygram.com/jp/licence/

Article 7.	Consent to Provision of Personal Information to Third Party
The Company may provide Users’ Personal Information to the third party as specified below.  When a User uses the Service after providing his/her consent to the Terms of Use of the Service, such User shall be deemed to have provided his/her consent to provision of his/her Personal Information to such third party.
(1)	Personal Information to be provided: Height, weight, age, gender and full body photos of the User’s front and profile views taken by a smartphone
(2)	Provided to: Bodygram
(3)	Bodygram’s purpose of use: For machine learning to improve the accuracy of its estimation measurement algorithm

Article 8.	Information Collection Module
The Company shall use the following information collection module to continuously provide Users with an information service that is useful and user-friendly:
Service provider: Google Japan LLC
Privacy policy: https://www.google.com/intl/ja/policies/privacy/
Service name: Google Analytics (https://www.google.com/analytics/)
Information obtained: Operation logs of the Service (not containing any information that can identify a specific individual)

Article 9.	Procedures to Accommodate Request for Disclosure, Etc.
1.	The User has the following disclosure request rights against the Company:
(1)	Right to request disclosure concerning the Personal Information collected by the Company
The User has the right to request the Company to provide information on the matters specified below; provided, however, that the Company shall only accommodate such User’s request for disclosure when the identity of such User can be verified.  In addition, the Company may not accommodate any request for disclosure made more than two (2) times within twelve (12) months.
If the User intends to exercise such right to request disclosure against the Company, he/she should contact the Personal Information Consultation Desk specified in this Privacy Policy (Person in charge: Personal Information Protection Manager).
(i)	The categories of Personal Information collected by the Company with respect to such User;
(ii)	The categories of the Personal Information sources from which the Personal Information is collected;
(iii)	The business or commercial purposes of collecting or selling the Personal Information;
(iv)	The categories of third parties with whom the Company shares the Personal Information; and
(v)	The specific portions of the Personal Information collected by the Company with respect to such User.

(2)	Right to request disclosure concerning the Personal Information sold and shared by the Company
If the Company sells the Personal Information or discloses the Personal Information for its business purposes, the User has the right to request the Company to provide information on the matters specified below; provided, however, that the Company shall only accommodate such User’s request for disclosure when the identity of such User can be verified.
If the User intends to exercise such right to request disclosure against the Company, he/she should contact the Personal Information Consultation Desk specified in this Privacy Policy (Person in charge: Personal Information Protection Manager).
(i)	The categories of Personal Information collected by the Company with respect to such User;
(ii)	As for each category of Personal Information by each third party to whom the Personal Information is sold, the category of such Personal Information sold to the third party and the category of such third party; and
(iii)	The categories of the Personal Information that has been disclosed with respect to such User by the Company for business purposes.
(3)	Right to request disclosure concerning the sharing of Personal Information with a third party for direct marketing purposes
The User may have the right to make a request, once a year, for disclosure of the content of his/her Personal Information shared with a third party by the Company for the purpose of such third party’s direct marketing.  If the User intends to exercise such right to request disclosure against the Company, he/she should contact the Personal Information Consultation Desk specified in this Privacy Policy (Person in charge: Personal Information Protection Manager), by stating “Request under California's Shine the Light Law.”

2.	The User has the right to request the Company to delete any Personal Information collected by the Company with respect to such User; provided, however, that the Company shall only accommodate such User’s request for disclosure when the identity of such User can be verified.  The Company may not be able to accommodate a request for deletion mainly in the cases specified below.
If the User intends to exercise such right to request deletion against the Company, he/she should contact the Personal Information Consultation Desk specified in this Privacy Policy (Person in charge: Personal Information Protection Manager).
(i)	To complete a transaction with the User, to provide goods and services required by the User, and to perform the agreement executed with the User;
(ii)	To detect a security incident, to achieve protection from illegal or inappropriate acts and to pursue legal responsibility;
(iii)	To identify an error that disrupts the existing intended function and to recover such function by correcting such error;
(iv)	To exercise free speech, to secure the rights of other consumers who exercise the right of free speech, or to exercise other rights set forth in applicable laws and regulations;
(v)	To use the Personal Information within the Company in the case where such use is consistent with the User’s expectations or such use is carried out in a manner consistent with the User’s purpose for providing the information; and
(vi)	To comply with legal obligations.

3.	The User has the right to optout wherein the User gives instructions to the Company not to sell his/her Personal Information.
The Company does not sell Users’ Personal Information; however, if the Company decides to do so in the future, it will comply with applicable laws and regulations and notify Users of the possibility that the Personal Information may be sold and the fact that each User has the right to optout from such sale.

4.	As for the rights specified in the preceding three (3) paragraphs, if the User intends to exercise his/her rights through an agent, such User shall submit to the Company a power of attorney and other documentation certifying the fact that such User has granted such agency authority.

5.	The Company shall not engage in any of the following discriminatory treatments due to the User having exercised any rights under applicable laws and regulations:
(1)	Refusing to provide the User with any goods or services;
(2)	Charging the User a different price or fee for any goods or services, including using a discount or other benefit or imposing a penalty;
(3)	Providing the User with goods or services of a different level or quality; or
(4)	Suggesting to the User that he/she would receive goods or services of a different price or fee or of a different level or quality.

6.	The Company may provide the User with monetary incentives as compensation for collection, sale or deletion of the Personal Information only when the Company has specifically stated the important and material conditions of the monetary incentive program and obtained consent from the User that he/she can withdraw from the program at any time.  The Company currently does not provide any monetary incentives; however, if the Company decides to do so in the future, it will comply with applicable laws and regulations and notify Users of such monetary incentives.

7.	“Do Not Track” (“DNT”) means a privacy setting which the User can set on a specific web browser.  While the Company is committed to providing Users with meaningful choices regarding the information collected on the Company’s website for third parties, the Company does not currently implement any DNT signal through web browsers.

8.	The User may request the Company to provide information concerning the provision of Personal Information by the Company to overseas service providers.  If the User intends to request such information from the Company, he/she should contact the Personal Information Consultation Desk specified in this Privacy Policy (Person in charge: Personal Information Protection Manager).

9.	Aside from this Privacy Policy, the Company’s handling of Personal Information is also stipulated in the policy specified below.  If the User wishes to request the Company to send copies of such policy, he/she should contact the Personal Information Consultation Desk specified in this Privacy Policy (Person in charge: Personal Information Protection Manager).
(1)	Privacy Policy (Japan)
https://airweave.jp/privacy/

Article 10.	Link to Optout Page
The Company has not sold any Users’ Personal Information during the past one (1) year; however, if the Company decides to do so in the future, it will comply with applicable laws and regulations and will set a link to an optout page entitled “Do Not Sell My Personal Information.”

Article 11.	Rights of Minors
1.	The Company does not operate any app for children under the age of thirteen (13).  If it is found that the Personal Information collected by the Company contains any Personal Information concerning a child under the age of thirteen (13), the Company will immediately delete such Personal Information.

2.	The Company does not sell any Personal Information of children between thirteen (13) and sixteen (16) years old; however, if the Company decides to do so in the future, it will comply with applicable laws and regulations and will not sell any child’s Personal Information unless such child proactively permits such sale.

Article 12.	Review
The Company reviews and improves the content of each of the above provisions with regard to the handling of Users’ Personal Information.  Upon revising this Privacy Policy, the Company will post the revised Privacy Policy on its app and will also specify the effective date thereof.

Article 13.	Personal Information Protection Manager
The Personal Information Protection Manager concerning the handling of the Personal Information under the Service shall be as follows:
Airweave, LLC, US Business Department
c/o Jerry Kling & Company, Inc.
380 Lexington Avenue, 17th Fl, New York, NY 10168

Article 14.	Personal Information Consultation Desk
If the User has any comments, complaints and/or requests concerning the content of the Personal Information protection policy or the handling of the Personal Information, he/she should contact the following Personal Information Consultation Desk:
<Personal Information Consultation Desk>
Airweave, LLC
c/o Jerry Kling & Company, Inc.
380 Lexington Avenue, 17th Fl, New York, NY 10168
TEL: 800-407-1500
Email: support@airweave.us

Effective Date: June 23, 2020
Last Updated Date: June 23, 2020

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