Article 1 (Purpose and Agreement to the Terms of Use)

• These MUJI passport Terms of Use (“Terms of Use”) apply to the Application, and to the services provided through the Application (the “Services"). Before you use the Application, please carefully read these Terms of Use and the MUJI passport Privacy Policy, which you will find on the Application menu.
• Acceptance of these Terms of Use is required for you to use the Application; if you do not accept these Terms of Use, you may not use the Application or the Services. By agreeing to these Terms of Use, you are attesting to having read and understood the content herein, and that you will comply with these Terms of Use throughout your usage of the Application and the Services.

Article 2 (User Eligibility)

• Persons who fall into the following categories shall be allowed to use the Application and/or the Services (henceforth, and subject to agreement to these Terms of Use, “Users”).
  1. Individuals aged 18 and above who are legally competent and who reside in the United States of America. Individuals aged 18 and above whose legal competency has been limited are permitted to use the Application and/or the Services subject to the prior provision of consent by their legal guardian.
  2. Any other categories of persons determined by the Company from time to time.
• Persons who meet the above conditions and who wish to use the Application and/or the Services may do so by downloading the Application and registering an account.
• The Company may suspend provision of the Services to a specific individual or User if the Company finds that such individual or User falls under any of the below categories. Furthermore, the Company shall not be liable for any damages or disadvantages suffered by such individual or User in connection with their use or suspension of use of the Application and/or Services.

1. The individual is under the age of 18.
2. The individual is aged 18 or above and has been deemed incompetent under the law but for whom the consent of a legal guardian has not been obtained.
3. The User is found to be using or have used the Application, the Services and/or any other services provided by the Company or its affiliates, in violation of applicable law or these Terms of Use, including but not limited to: downloading the Application on another person’s device or a device obtained by unauthorized means; and satisfaction by the User for any conditions for the suspension or cancellation of the User's entitlements as set forth in Article 13 herein.
4. Other cases whereby the Company deems the User to have misused, including by misconduct, the Application and/or the Services.

Article 3 (Management of the Account)

The User shall be responsible for the management of the user’s Application account details including the User’s account ID and password. The Company shall not be in any way responsible for any damage and/or expenses caused by wrongful or mistaken use or management of the Application or account details, including error in use, a third party's use, or unauthorized access thereto.

Article 4 (Lending and Transferring User Identity)

The User’s account ID or other account details shall not be lent, transferred, or pawned to any other person. The Company shall not be in any way responsible for occurrence of any damage and/or expenses to Users or third parties caused by a violation of the above provision. Furthermore, if the Company incurs any damages or expenses in connection with the lending, transferring, or pawning of a User’s account ID or other details, the User or other party responsible for such lending, transferring, or pawning shall compensate the Company for the full amount of the damages and expenses incurred.

Article 5 (Protection of Personal Information)

• Personal information about Users which the Company obtains and processes in connection with the User’s use of the Application and/or the Services shall be retained by the Company pursuant to the terms of the MUJI passport Privacy Policy.
• The Company may request User feedback with respect the Application or the Services.
• Company is permitted to erase User account information automatically if the User does not use the Application and/or the Services for a period of time, to be separately determined by the Company.

Article 6 (Changes to User Information Supplied)

• Users shall be able to exercise their “right to know” and “right to deletion” and other privacy rights, with respect to their personal information which has been collected by the Company through the Application and/or Services in accordance with provisions set forth in the Privacy Policy.
• Users shall immediately notify the Company of any changes to their contact information or other details.
• If the contact information of a User is not supplied to the Company accurately, completely and/or as set forth in the preceding paragraph, the Company may be unable to deliver timely notifications or certain benefits to the User. In such case, it will be assumed that the User has received them, including as originally scheduled, and the Company shall not be liable for any disadvantages caused to such User or affected third parties.

Article 7 (Changes to Terms of Use and Notifications to Users)

• The Company may change these Terms of Use and the operational rules and policies of the Application or the Services at any time and in our sole discretion. In the event of such changes, the Company will notify Users by posting the revised content on the Application and/or on the Company’s website (hereinafter referred to as the “Website”), or by other such means deemed appropriate by the Company (except as otherwise provided herein). The revised Terms of Use or other content will take effect from the time they are displayed on the Application or Website, unless otherwise specified by the Company.
• Your continued use of the Application and/or Services after the effective date set forth in the revised content constitutes your acceptance of such revisions.
• Notwithstanding the above, the Company may revise, suspend, or discontinue certain functions and content on the Application and the Services at any time and in its sole discretion, without providing prior notice to Users. The Company shall not be in any way responsible for any disadvantage or damages suffered by Users resulting from any such revisions.

Article 8 (Miles)

• “Miles” shall mean the reward points given to the User by the Company under the conditions set forth on the Application.
• The Company may grant benefits to users based on the number of Miles Users have received.
• Miles are not exchangeable for cash.
• Users cannot share, combine, give, rent, pawn or transfer accumulated Miles.
• If User is registered under duplicate accounts, that User may not combine the Miles for each account.

Article 9 (Expiration or Invalidation/Cancelation of Miles)

• All Miles will expire after a period of non-use which the Company will determine separately.
• If you want to delete the Application from your device with your earned Miles kept valid so as to have them restored at a later date, you must link your User’s account ID with your SNS account before deleting this Application. If you delete this Application without linking your User’s account ID with your SNS account, you will lose your earned Miles.
• In the event any of the following applies, the Miles shall be invalidated or canceled, in whole or in part, automatically or by the Company. In addition, the Company will not provide any compensation to Users and is not responsible in any other way for expired, invalidated or canceled Miles.

1. When the Company has suspended the use by the User in accordance with Article 2(3).
2. In the case where the information supplied to the Company contains any untrue, incorrect or unlawful content.
3. When the User earned Miles by any inappropriate means.
4. When the User breaches the Terms of Use.
5. Other cases where it is deemed appropriate that the Company cancels the Miles granted to the User.
6. When the Application is removed or uninstalled without first linking User’s SNS account.
7. When the User’s Information is erased in accordance with these Terms of Use.

Article 10 (Taxes and Expenses)

The User is responsible for any taxes and incidental expenses, if any, that are incurred as a result of earning Miles.

Article 11 (Prohibited Acts)

The following acts are prohibited by the Company with respect to User’s use of the Application and/or the Services:

• Use of the Application or the Services for any unlawful or profiting-making purposes.
• Acts that infringe or may infringe the intellectual property rights including any trademark right, copyright or patent right etc. or any other rights of the Company, our business partners or any third party.
• Acts that infringe or may infringe the property, privacy or portrait rights of any third party.
• Acts that discriminate or defame a third party or damage any reputation or credibility of any party.
• Acts that lead to or may lead to crimes such as fraud.
• Acts of transmitting or displaying any images or documents, etc. which are obscene or related to child pornography or child abuse.
• Acts of establishing any pyramid scheme or inducing any person to join it or acts of promoting any pseudo multi-level marketing.
• Acts of altering or deleting information of the Company or any third party accessible by the Application or the Services.
• Use of the Application or the Services by pretending a real or fictitious third party.
• Acts of transmitting harmful computer programs, etc. or leaving others in a receivable state.
• Pre-election activity, election campaign or similar activity and acts that violate the Election Act.
• Acts of sending an e-mail for advertisement, promotion or marketing, etc. to a third party without permission, or an e-mail having or at risk of having an aversion. Acts of requesting a third party to forward a chain letter or accepting such request to forward the same.
• Unauthorized access to any equipment of any third party or equipment for our service (meaning hereinafter any communication system, computer system, other devices, and software prepared by the Company to provide services), or acts that prevent or likely prevent any use or operation of the same.
• Acts of acquiring any information related to any third party without his/her consent or by deceptive means.
• In addition to the above items, acts that violate any laws, the Terms of Use of use, public order and morality (prostitution, violence, cruel acts etc.), acts that intervenes the operation of the Application or the Services, any act that causes damage to our reputation or infringement upon property of the Company, or any act which is harmful to any third party or the Company.
• Any act that encourages acts which fall under any of the above items (including where the act is performed by a third party).

Article 12 (Termination)

• Users may at any time terminate their usage of the Application and/or the Services. Upon a User’s termination of use, all Miles and all rights or entitlements provided or related to the Application or the Services shall become invalid, unless the User has linked their User’s account ID and SNS account (pursuant to Article 9(2)), and none of the events set forth in Article 9(3) have transpired.
• By terminating use of the Application or the Services, the User shall give up any rights or claims with respect to Miles, coupons, etc.
• Use of the Application or the Services shall be deemed ceased upon the death of the User.

Article 13 (Suspension and Cancellation of Entitlements)

• The Company reserves the right to suspend, cancel or otherwise restrict a User’s access to the Application, the Services and/or the User’s Miles (such access collectively referred to as User’s “entitlements”), without prior notice and for any reason at any time, including by suspending access to the User’s account. Circumstances which may lead to the suspension or cancellation of the User’s entitlements include, but are not limited to:
  1. When it is found that the User falls under any of the categories for suspension or cancellation pursuant to Article 2(3).
  2. When the User altered the information provided by the Company without our consent.
  3. When the User used the Application or the Services for unlawful purpose or allowed other Users or third parties use them unlawfully.
  4. In the event of misconduct or suspected misconduct, including to prevent misconduct by a third party.
  5. When the User violates any of these Terms of Use.
  6. In cases where the User has filed for attachment, provisional attachment, provisional disposition, disposition for failure to pay, compulsory execution, bankruptcy, or civil rehabilitation proceedings.
  7. Other cases where the Company deems the person inappropriate as a User.
• In case the User cannot use the Application or the Services due to the suspension or cancellation of the User’s entitlements based on the preceding paragraph, the Company shall not be in any way responsible for any losses, damages or expenses caused to the User in connection with such suspension or cancelation, and shall have no obligation to disclose the reason for suspension or cancellation to the User. In addition, the User shall be responsible for fully compensating the Company or any third party for the losses, damages and expenses (including legal fees) incurred by the Company or third party as a result of or in connection with such User’s unlawful or inappropriate activities with respect to the Application and/or the Services, or other activities in violation of these Terms of Use.
• If there are any doubts regarding the User's acquisition of Miles or other use of the Application and/or the Services in potential violation of these Terms of Use, the Company may temporarily suspend the User's entitlements and institute usage restrictions on the Application and the Services for such User, until the suspicion is cleared.

Article 14 (Temporary Suspension, Cancellation or Termination of the Application or the Services)

• The Company may temporarily suspend, cancel or otherwise restrict the operation of all or part of the Application, the Services and/or the Website at its sole discretion and without prior notice to the User, including for any of the following reasons:
  1. When performing maintenance, inspection, repair, change of the system of the Application or the Services regularly or urgently.
  2. In the event that it is not possible or would be difficult to provide the Application or the Services due to a force majeure such as a fire, blackout, natural disaster such as earthquake, eruption, flood, or tsunami or war, disturbance, riot, conflict, labor dispute, etc.
  3. When operations are rendered difficult due to system failure, destruction or sabotage affecting the Application or the Services (including falsification of data and source code), network failure, etc.
  4. Other cases in which the Company determines that temporary suspension, cancellation or termination of the Application or the Services is required, including for business reasons.
• The Company shall not be in any way responsible or liable for any disadvantage or damage suffered by the User or other third parties resulting from the interruption, suspension, cancellation or termination of all or part of the Application, the Services and/or the Website under this Article or these Terms of Use.

Article 15 (Disclaimer)

To the full extent permissible by law:

• The Company shall not be liable for any damages suffered by Users or third parties in connection with or arising out of their use of the Application and/or the Services, including but not limited to direct, indirect, incidental, punitive and consequential damages, including lost profits.
• If a User causes damage or loss to another User or a third party in connection with use of Application or the Services, the Company may make a claim against such User for appropriate indemnification of the damages.
• The Company shall not be liable for any damages in connection with the deletion of, or restriction of access by the User to, the User's account information or use of the Application or the Services, including where such deletion or restriction is caused by the Company.

Article 16 (Monitoring of Unauthorized Use etc.)

• The User consents that the Company may, at any time and without prior notice to the User, investigate and act to prevent any suspected unauthorized use of the Application or the Services, including any violation of these Terms of Use or other agreements, rules or policies associated with the Application or the Services.
• The Company reserves the right to disclose any information, including personal information, about the User if the Company determines such disclosure is reasonably necessary in connection with the preceding provision, and/or if the Company determines such disclosure is necessary or permitted to comply with any applicable law, regulation, legal process or governmental request.

Article 17 (Scope of the Terms of Use and Changes)

• The individual rules prescribed by the Company on the Application or the or displayed in other ways by the Company and the additional regulations notified by the Company from time to time shall constitute a part of the Terms of Use. If the provisions of the text of the Terms of Use differ from the provisions of the individual regulation and the additional regulation, the provisions of the individual regulations and the additional regulations shall take precedence.
• The Company reserves the right to revise the Terms of Use at any time without the consent of the User. In that case, the Terms of Use of the Application and the Services depend on the revised terms.

Article 18 (Applicable Law)

• By using the Application and/or Services, you agree that these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”) and federal arbitration law and, where otherwise applicable, by the laws of the State of New York with respect to any dispute of any sort which may arise between you and the Company, without regard to principles of conflict of laws.
• The Application and the Services are intended for use within the United States of America, and the Company makes no representation that either are appropriate or available for use elsewhere. Persons and/or entities that choose to access the Application and/or the Services from locations outside of the United States of America do so on their own initiative and are responsible for compliance with applicable local laws.

Article 19 (Dispute Resolution)

YOU AND THE COMPANY AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE APPLICATION AND/OR THE SERVICES, OR TO ANY RELATED SERVICES OFFERED BY THE COMPANY, WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED EXLCUSIVELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU OR THE COMPANY MAY BRING SUIT IN COURT TO ENJOIN ANY MISUSE OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Any dispute between you and the Company (including its employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates, agents and subcontractors) which arises out of or relates to these Terms of Use, including any questions regarding their interpretation, breach, termination or validity, the relationships which result from these Terms of Use (including with third parties), and disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration, on an individual basis only.

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator(s) will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or the Company and approved by the arbitrator(s). Any in-person appearances will be held at a location mutually agreed upon by you and the Company, or, in the absence of such agreement, at a location determined by the arbitrator(s).

The arbitrator(s) will have the power to grant whatever relief would be available in court under law or in equity, and any award issued by the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Article 20. (Severability)

If any provisions or conditions set forth in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such provisions or conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision or condition.

Our Collection and Use of Personal Information

We collect, use and disclose your personal information in connection with your use of the Application, in order to support the Application’s functions such as: providing our customers with product recommendations; marketing our products; keeping our customers updated regarding MUJI news, store openings, product recalls, etc.; compliance with legal and regulatory obligations, and more.

We collect some of this information from you directly, when you create or choose to link an account using the Application; when you fill out your profile information including personal details such as your name, date of birth, gender, etc.; and when you check in at our stores. You may always choose not to provide us with this information, but if you choose not to, you may not be able to access certain of the Application’s features.

In addition to any information which you provide to us directly, we may automatically collect certain personal information from you whenever you interact with the Application, in order to customize your experience with us. For instance, we use a variety of technologies that may automatically or passively collect and store information about your online interactions, including your internet protocol (IP) address, device ID, language preference, and more. We treat such usage information as personal information to the extent required by the CCPA.

In certain circumstances, we may also receive certain personal information about you from third parties including service providers working on our behalf, such as when you choose to link your Facebook, Apple or Google account to the Application.

Set forth below are our general practices for the collection, use and disclosure of personal information within the preceding twelve (12) months, including the sources from which, and purposes for which, we collect such information. Please note, however, that the types of personal information we collect, and the manner in which we collect them, depend largely on how you use the Application, and as a result, not all of the categories below may necessarily apply to you. For further details about the personal information which we collect about you personally, you may exercise your “right to know” (described below).

Personal Information Pertaining to Minors

For the avoidance of doubt, we do not collect and store the personal information of any individuals who are under eighteen (18) years of age. If we discover that we have unintentionally collected personal information belonging to an individual who is under eighteen (18) years of age, we will delete such information immediately.

Our Disclosure and Sale of Personal Information

In the last twelve (12) months, we have not sold personal information about you, but we have, at times, disclosed certain categories of personal information to third parties for our business purposes.

We employ third-party service providers to perform functions on our behalf that, from time to time, require us to disclose your information. This enables us to optimize your experience using the Application, our services and our relationships with our users. Such functions may include, but are not limited to: performing data analysis, responding to user inquiries regarding the Application, and more. In some instances, we may also be required to disclose your personal information to comply with a legal obligation or governmental request, to detect and prevent fraud, to verify or enforce our Terms of Service or other applicable policies, or to otherwise protect the rights, property, safety or security of you, third parties, or the general public. Further details about the categories of your personal information, and the “business purposes” for which we disclose such categories, are set forth in the table below.

In the last twelve (12) months, we have disclosed for a business purpose the categories of personal information to the categories of third parties, listed below. Please note, however, that whether or not we disclose your personal information and the nature of such potential disclosure (including the types of personal information disclosed, the business purposes involved, and the categories of recipients) depend on how you use the Application. Therefore, not all of the categories below may apply to you. If you wish to obtain further details about the disclosures of personal information which are specific to you, you may exercise your “right to know” (described below).

Your CCPA Right to Know

The CCPA provides California residents (“consumers”) with the right to request certain details in relation to their personal information collected or disclosed in the twelve (12) months preceding such request (subject to certain limitations at law, and only upon the successful verification of your identity). This is known as the “right to know” and pertains to consumers’ right to access:

• The specific pieces of personal information we have collected about you;
• The categories of personal information we have collected about you;
• The categories of sources of the personal information we have collected about you;
• The categories of personal information that we have disclosed about you to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
• The categories of personal information we have sold about you (if any), and the categories of third parties to whom this information was sold; and
• The business or commercial purposes for collecting or, if applicable, selling personal information about you.

We are committed to protecting your personal information and providing you with rights thereto, regardless of where in the United States you reside. Therefore, even if you are not a resident of California, you may request to access the above-mentioned details regarding your personal information, once every twelve (12) month period (subject to certain limitations at law, and only upon the successful verification of your identity).

We endeavor to respond to all verifiable requests we receive within forty-five (45) days. In order to protect your privacy, we may request certain of your personal information (such as your name and account ID) in order to verify your identity with a reasonable degree of certainty, prior to fulfilling any request by you or, where appropriate, your authorized agent. If you intend to exercise your right to know, please refer to the section of this Privacy Policy entitled “How to Exercise Your Rights”.

No Sale of Personal Information Pertaining to Minors

For the avoidance of doubt, we do not and will not “sell” personal information, including the personal information of consumers we know to be less than sixteen (16) years of age.

Your CCPA Right to Request Deletion

The CCPA provides California residents with the right to request the deletion of the personal information that we have collected, subject to certain exceptions. This is known as the “right to request deletion”. Because we are committed to protecting your personal information regardless of where in the United States you reside, even if you are not a resident of California, you may request the deletion of your personal information once every twelve (12) month period (subject to certain limitations at law). If you intend to exercise your right to request deletion, please refer to the section of this Privacy Policy entitled “How to Exercise Your Rights”.

Your CCPA Right to Opt-Out of Sales

The CCPA provides California residents with the right to direct us not to “sell” personal information we have collected about you to third parties now or in the future. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales. Under the CCPA, “sell” refers to the disclosure (including by selling, renting, releasing, disclosing, disseminating, transferring or otherwise making available or communicating orally, in writing, by electronic or other means), of a consumer’s personal information to another business or to a third party for monetary or other valuable consideration.

For the avoidance of doubt, we do not “sell” your personal information.

Your CCPA Right to Non-Discrimination

The CCPA provides California residents with the right not to receive discriminatory treatment for exercising any of the rights described above. This is known as the “right to non-discrimination”. Whether or not you are a resident of California, we will not discriminate against you in a manner prohibited by the CCPA should you choose to exercise your rights under the CCPA or this Privacy Policy. However, please note that if your exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request which results in the deletion of your account), fulfilment of that right may mean that we are no longer able to provide you with certain services, such as access to the Application, or engage with you in the same manner as before.

Please note that participating in any incentive programs which we may offer is entirely optional, and participants must affirmatively opt in to any such programs, and can opt out at any time, free of charge by following the instructions in the relevant program’s description. We may add or change incentive programs and/or their terms by posting a notice on program descriptions and terms linked thereto, so please check them regularly. Presently, any incentive programs offered through the Application do not require us to collect any additional personal information about you, should you choose to opt-in.

How to Exercise Your Rights

To exercise your right to know and/or right to request deletion, please submit your request by:

1. Emailing info@muji.com with the subject line “CCPA Rights Request” if you are a California resident or “Privacy Policy Rights Request” if you are a resident of a State other than California.
2. Calling 877-414-9402

We will need to verify your identity before processing your request. In order to verify your identity, we will generally either require the successful login to your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. Although we try to limit the personal information collected in connection with a request to exercise your right to know and/or right to request deletion, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.

Authorized Agent

You may also be permitted to use an authorized agent to submit requests on your behalf where (a) you provide sufficient evidence to demonstrate that the requestor is an authorized agent, either by directly confirming that with us or by providing us with your signed written permission or a power of attorney; and/or (b) you successfully verify your own identity with us.

We will be forced to deny a request from an agent that does not submit sufficient proof that they have been authorized by you to act on your own behalf.

Updates to This Privacy Policy

We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the “Last Updated” date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will provide you with notice to the extent required by law, including by prominently posting such notice to the Application. All changes shall be effective from the date of publication unless otherwise provided in the notification.

Contact Us

If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send an email
to info@muji.com.

Alternatively, inquiries may be addressed to:

MUJI U.S.A. Limited 250 W 39th Street New York, NY 10018