California Consumer Privacy Notice

Effective date:  As of March 26, 2024

This California Consumer Privacy Notice (“Notice”) describes how Kinokuniya Book Stores of America Co. (“Kinokuniya,” “we,” “us,” “ours”) handles the personal information (“PI”) of California “Consumers” (“you,” “your,” “yours”), as defined under the California Consumer Privacy Act, including as amended by the California Privacy Rights Act (together, the “CCPA”) and all laws implementing, supplementing, or amending the foregoing, including regulations promulgated thereunder. This Notice also describes the rights that such Consumers have under the CCPA.

As used in this Notice, the term Consumer is not limited to data subjects acting as individuals regarding household goods and services and includes data subjects in a business-to-business context.

This Notice does not apply to our job applicants, current employees, former employees, or independent contractors (“HR Data Subjects”). We provide separate notification under the CCPA to our HR Data Subjects who are residents of California.

I. Our data practices:

We collect and disclose your PI only for our operational and business purposes. We do not sell or share your personal information to third parties, nor do we disclose it to them for their marketing purposes without your consent.

We may collect your PI directly from you, your devices, and our service providers.

Generally, we process your PI to provide you services and as otherwise related to the operation of our business, including for one or more of the following business purposes: performing services; auditing and compliance; security; debugging; advertising and marketing services; quality assurance and safety maintenance; processing interactions and transactions; research and development; shipping; to process membership applications; and for internal administration needs. We may also use PI for other business purposes in a context that is not a sale or share under the CCPA, such as disclosing it to our service providers, to the Consumer or to other parties at the Consumer’s direction or through the Consumer’s action; for the additional purposes explained at the time of collection (such as in the applicable privacy policy or notice); as required or permitted by applicable law; to the government or private parties to comply with law or legal process; and to assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business (“Additional Business Purposes”).

PI Collection, Disclosure, and Retention Practices – By Category of PI:

We collect, disclose, and retain PI as follows:

Because there are numerous types of PI in each category of PI, and various uses for each PI type, our retention periods vary for each of the categories of PI described above. The length of time for which we retain each category of PI depends on the purposes for our collection and use and requirements pursuant to applicable laws. In no event do we retain your PI for any longer than reasonably necessary to achieve the purposes for which it was collected or processed, or as required by applicable law.  The criteria used to determine the retention period of PI includes the nature and sensitivity of the PI, the potential risk of harm from unauthorized use or disclosure of the PI, as well as applicable laws (such as applicable statutes of limitation).

 II. Your rights:

California Consumers have the following rights under the CCPA, subject to meeting verification requirements:

· Right to know/access: You are entitled to access PI up to twice in a 12-month period.

o    Categories: You have the right to request that we disclose to you for the period that is 12-months prior to the request date: (1) the categories of PI we have collected about you; (2) the categories of sources from which we collected your PI; (3) the business purposes or commercial purposes for which we collect, sell, or share  your PI; (4) the categories of third parties to whom we have disclosed your PI; (5) a list of the categories of PI disclosed for a business purpose and, for each, the categories of recipients, or that no disclosure occurred; and (6) a list of the categories of PI sold or shared about you and, for each, the categories of recipients, or that no sale or share occurred.

o    Specific pieces: You may request to confirm if we are processing your PI and, if we are, to obtain a transportable copy, subject to applicable request limits, of your PI that we have collected and are maintaining. 

· Right to delete: You have the right to request deletion of the PI about you that we have received from you. As a general rule, we must delete the information at your request and require our vendors to do so as well. However, the law provides certain exceptions that allows us to retain the information even if you have requested that it be deleted.

· Right to correct: You have the right to bring inaccuracies you find in your PI that we maintain to our attention and we will act upon such a complaint as required by the CCPA. 

·  Right to opt-out of sales and shares (opt-in for minors): You have the right to direct a business to not sell or share PI about you. For Consumers under sixteen years of age, businesses are legally prohibited from selling or sharing their information unless the minor or the parents of the minor (if under 13) consent to the sale or share. We do not and will not sell or share the PI of Consumers collected during a period in which we did not offer the opportunity to opt-out of a sale or share unless we first obtain affirmative consent to do so from the Consumer’s (or, if applicable, the parent).

·  Right to limit sensitive PI processing: We do not process sensitive PI of California Consumers.

·  Automated decision making: We do not engage in automated decision making or profiling.

· Right against discrimination: We will not discriminate or retaliate against you in a manner prohibited by the CCPA for your exercise of your above privacy rights. We may charge a different price or rate, or offer a different level or quality of goods or service, to the extent that doing so is reasonably related to the value of the applicable PI.

III. How to submit a request:

In order to exercise your rights, please call us and leave a message at our toll-free number, 833-673-0797, or complete our Consumer Rights Request Form available here and email it to bookwebusa@kinokuniya.com.

Please include in your request:

· Your full name and address

· Former names (if applicable)

· Former addresses (including dates of change) (if applicable)

·  Contact information (Phone number or email address)

To help us respond to your request please do identify your relationship to us in your request (e.g. former customer, existing customer, etc.).

Please note that your CCPA rights are subject to certain conditions and exceptions such as limitations to your right to know based on our compliance with evidentiary privileges recognized under California Law (including attorney-client privilege) and exceptions to your right to delete under Cal. Civ. Code Sec. 1798.105.(d).

We will endeavor to respond promptly and in any event within the period permitted by law described above.

As a general rule, we are not allowed to charge you a fee when you exercise your rights but, if your requests are manifestly unfounded or excessive, we are allowed to charge a reasonable fee, or refuse to act on the request. 

IV. Agent requests:

You may use an authorized agent to make a request for you, subject to our verification of the agent, the agent’s authority to submit requests on your behalf, and of you. Once your agent’s authority is confirmed, they may exercise rights on your behalf subject to the agency requirements of the CCPA.

Please indicate if you are acting as an agent of another individual and, if that is the case, include the identification information both for yourself and for the individual you represent and a copy of the written authorization you have received.

V. Your request must be a verifiable consumer request:

As required by the CCPA, we may ask you to provide verifying information, such as your name and/or address when you make a request so we can verify that the individual making the request is indeed the individual to whom the information relates. We will not fulfill your right to know/access, right to delete, or right to correct request(s) unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we have collected PI. The nature of the identification required will depend on the nature of your request and your relationship to us. We verify each request as follows:

·         Right to Know (Categories):  We verify your request to know categories of PI to a reasonable degree of certainty, which may include matching at least two data points provided by you with data points maintained by us, which we have determined to be reliable for the purpose of verifying you. If we cannot do so, we will refer you to this Notice for a general description of our data practices.

·         Right to Know (Specific Pieces):  We verify your request to know specific pieces of PI to a reasonably high degree of certainty, which may include matching at least three data points provided by you with data points maintained by us, which we have determined to be reliable for the purpose of verifying you. If you fail to provide requested information, we will be unable to verify you sufficiently to honor your request, but we will then treat it as a right to know categories request if you are a California resident.

·         Right to Delete:  We verify your request to delete to a reasonable degree of certainty, which may include matching at least two reliable data points provided by you with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three reliable data points provided by you with data points maintained by us, depending on the sensitivity of the PI and the risk of harm to the Consumer posed by unauthorized deletion.

·         Correction:  We verify your request to correct PI to a reasonable degree of certainty, which may include matching at least two reliable data points provided by you with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three reliable data points provided by you with data points maintained by us, depending on the sensitivity of the PI and the risk of harm to the Consumer posed by unauthorized correction.

To protect Consumers, if we are unable to verify you sufficiently we will be unable to honor your request. We will use PI provided in a verifiable consumer request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.

Any identification documents transmitted to us should be transmitted through secure means of communication and should be photocopies or scanned images (do not send the originals.)

VI. Notice of Financial Incentive Programs:

We do not currently offer discounts or rewards for providing us PI, or set price or service differences related to the collection, retention, Sale, or Sharing of PI. If we offer such programs in the future, we will update this Notice to describe such program(s), including how you may opt-in and how we value the PI required.

VII. Additional notices:

California minors. Although our services are intended for an audience 18 years of age and older, any California residents under the age of eighteen (18) who have registered to use our services, and posted content on the service, can request removal by contacting us via the contact information in the “How to contact us” section below, detailing where the content is posted and attesting you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines we do not control.

Shine the light. We will not disclose “personal information,” as defined by California’s “Shine the Light” law, to third parties for such third parties own direct marketing purposes without your consent. You may request information about how we comply with the Shine the Light law by contacting us via the e-mail address or mail address set forth in the contact us section below. Requests must include “Shine the Light Request” in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that we are only required to respond to one Shine the Light request per individual each year. 

VIII. How to contact us:

For general questions about this Notice please email us at: bookwebusa@kinokuniya.com or call us at Tel: +1 212 869 1267. You may also contact us by mail:

KINOKUNIYA BOOK STORES OF AMERICA CO LTD
ATTN:  Privacy Office 1073 AVENUE OF THE AMERICAS
NEW YORK, NY 10018