Special Agreement On Visa Debit Transactions With Google Pay™ / Consent In Matters For Handling Personal Information, etc.

The Customer shall conduct transactions after confirming that this Special Agreement is subject to the Special Clause on Visa debit transaction by Google Pay.

Article 1 - Objective, etc.

This Special Agreement provides the special provisions of the “Terms and Conditions for Sony Bank Visa Debit Agreement” when a Member uses the Settlement Service (as defined in the following Article).
In cases where the provisions of the “Sony Bank General Terms and Conditions”, the “Terms and Conditions for Sony Bank Visa Debit Agreement”, and special agreements accompanying with or related to these (collectively “Terms and Conditions, etc.”), contradict or conflict with the provisions of this Special Agreement, then the provisions of this Special Agreement shall prevail. Matters not specified in this Special Agreement shall comply with provisions of the Terms and Conditions, etc.

Article 2 - Definitions

The definitions of terms used in this Special Agreement shall have the following meanings respectively. Terms that are not provided in this Special Agreement shall be provided in the Terms and Conditions, etc.

• Settlement Service: A settlement service that allows a Member to conduct Visa debit transactions through Google Pay provided by Google LLC (“Google”) in accordance with the Terms and Conditions, etc.;
• User Terminal: Such equipment among the devices such as smartphones that support the Settlement Service specified by the Google, used by a Member who applies for the Settlement Service and prepares it at the Member’s responsibility when using the Settlement Service;
• Virtual Account Number: A dedicated number used for the Settlement Service assigned to each User Terminal (different from the Sony Bank WALLET card number);
• Member’s Information: Information registered in the Settlement Service by a Member when applying for the Settlement Service, such as each Member’s name, address, phone number, card number, expiration date, etc.;
• Visa contactless: A Visa payment method in which payment is completed by tapping a reader at a cash register, etc. of any of the Partner Establishments, etc., with a contactless-enabled Visa card or a User Terminal with a registered Visa card; and
• This Card: Sony Bank WALLET in the name of the Member using the Settlement Service.

Article 3 - Contract Procedures, etc.

• A Member who wishes to use the Settlement Service shall apply for the Settlement Service after confirming the privacy policy of Google and the terms of service, etc. specified by Google, and the Company’s privacy policy, this Special Agreement and the Terms and Conditions, etc. Google and the Company consider applications submitted by a Member for the Settlement Service as fully verified and agreed upon by the Member.
• Those who meet the standards established by the Company and are approved to use by the Company (“Settlement Service User”) among the Members who applied for the Settlement Service specified in the previous paragraph, are assigned by the Company a Virtual Account Number to the User Terminal that they own.
• A Member who wishes to use the Settlement Service shall be responsible at the Member’s own expense for ensuring the Member’s own telecommunications means by arranging the User Terminal and establishing an Internet service contract with a mobile phone carrier, etc., and other procedures necessary for the application for and the use of the Settlement Service, prior to applying for the Settlement Service.

Article 4 - Available Partner Establishments, etc.

The Settlement Service shall be used at the Partner Establishments, etc. that fall under any of the following items. However, there are some cases when the Settlement Service may not be available even at such Partner Establishments, etc.

• Partner Establishments, etc. that support the Visa contactless; or
• Partner Establishments, etc. that can use the Settlement Service among the Partner Establishments, etc. that conduct non-face-to-face transactions via the Internet, etc.

Article 5 - Expiration Date

The Settlement Service has an expiration date. If the expiration date has passed and the Member wishes to continue using the Settlement Service, the Member shall reapply for the Settlement Service.

Article 6 - Available Amount and Payment of Usage Fee

• Separately from This Card’s usage limit amount, the Company sets an available amount for the Settlement Service. The available amount of the Settlement Service can be checked on the internet website, etc. of the Company.
• In cases where the Settlement Service User uses or attempts to use the Settlement Service in excess of the available amount specified in the previous paragraph, where the user continually purchases highly cashable products in a short time even within the available amount for use and where the Company considers that the usage is inappropriate or suspicious, the Settlement Service may not be provided.
• Even if a user uses the Settlement Service beyond the available amount stipulated in paragraph 1, the Settlement Service User is clearly responsible for that payment.

Article 7 - Service Suspension / Cancellation, etc.

• The Settlement Service User can suspend or cancel the Settlement Service using the prescribed methods of Google and the Company even before the expiration date of the Settlement Service.
• The Company may suspend or cancel a part or all of the Settlement Service without prior notice to the Settlement Service User if any one of the following items applies:
  • When the Settlement Service User violates or is likely to violate the Terms and Conditions, etc., or the terms of service, etc. specified by Google;
  • When the usage of the Settlement Service or the usage of This Card is deemed inappropriate or suspicious;
  • When it is recognized that there is a risk of fraudulent use of the Settlement Service due to leakage of the Member’s Information, or the acquisition of This Card or the use of the User Terminal by a third party; or
  • When the Settlement Service User does not respond to the request for submission of documents or to ask to report in a form, designated by the Company as defined in Article 2, paragraph 4.
• If any of the following items applies, the Company may temporarily suspend or cancel a part or all of the Settlement Service without prior notice to the Settlement Service User.
  • When Google or the Company judges that a part or all of the Settlement Service is difficult to use due to natural disasters, power outages, malfunctions of telecommunication carrier communication equipment, the User Terminal malfunctions, computer system malfunctions, wars and other force majeure situations similar to these circumstances; or
  • In addition, in cases where it is reasonably recognized that the suspension or cancellation of a part or all of the Settlement Service is necessary due to unavoidable circumstances such as computer system maintenance, etc.
• The Company may request from the Settlement Service User submission of documents or ask to report in a form designated by the Company, in cases based on the Act on Prevention of Transfer of Criminal Proceeds or other laws, etc. and in other cases where it is determined necessary, and the Settlement Service User shall promptly submit such documents or reports.
• The Company may restrict the use of the Settlement Service in countries and regions where it is recognized that the system for various laws and regulations has not been sufficiently developed.

Article 8 - Management of the User Terminal

• The Settlement Service User shall manage the User Terminal with the due care of a prudent manager. The Settlement Service User shall promptly notify the Company in cases where it is likely that the User Terminal can be used by another person as a result of theft or loss, or in cases where the Settlement Service User realized that the User Terminal has been used by another person.
• In such cases where the Settlement Service User temporarily storage the User Terminal to a third party due to its repair, etc., or any disposing such as transferring the physical possession, assigning, lending, pledging, etc. of the User Terminal to a third party or disposing of the User Terminal as waste, etc., the Settlement Service shall be canceled in advance using the prescribed method of Google and the Company under the responsibility of the Settlement Service User.
• The Settlement Service User shall not forge, alter, copy, analyze, etc. any Virtual Account Number assigned and stored on the User Terminal.

Article 9 - Compensation of Damage

• In cases where the Settlement Service or the Member’s Information was used illegally by other parties as a result of the loss, its theft, etc. of the User Terminal or the leakage of the Member’s Information, etc., the Settlement Service User can claim compensation in accordance with Article 18 of the “Terms and Conditions for Sony Bank Visa Debit Agreement” from the Company regarding damages resulting from the use of the Settlement Service or the Member’s Information for the amount of damage.
• In cases where the User Terminal or the Member’s Information was used by other parties as a result of the loss, theft, etc. of the User Terminal or the leakage of the Member’s Information, etc., or when there is a risk of it, or when the Settlement Service User requests a refund of all amount withdrawn from a deposit account by mistake due to an input error at any Partner Establishments, etc., regardless of the reason, if the Company in conducting the necessary investigations requires submission of documented evidence, fact-finding and any other cooperation of the Settlement Service User, the Settlement Service User shall cooperate as required.
• In case where the Company reimburses the Settlement Service User for the purchase and sale transaction, etc., the amount deducted from the deposit account by the Company shall be refunded in accordance with the Company’s prescribed procedures.

Article 10 - Disclaimer

• The Settlement Service User shall acknowledge in advance that the Company shall bear no responsibility in cases specified in the following circumstances or even in cases where a part or all of the Settlement Service cannot be used for any reasonable reasons, except when there are grounds to be attributed to the fault of the Company.
  • When it is caused by the specifications and quality of the User Terminal, or when it is caused by a failure related to the technology / service / product, etc. provided by Google regarding the Settlement Service, or change or termination of technology / service contents, etc.;
  • When the User Terminal specification has been changed by the User Terminal providers including Google in such cases when the model of the User Terminal is changed;
  • When the Settlement Service User has not completed the necessary procedures for the application for use as stipulated in Article 3;
  • In the case of suspension, cancellation, usage restrictions, etc. of the Settlement Service specified in this Special Agreement;
  • In the case of a failure, etc. of a terminal or system at the Partner Establishments, etc., and a communication malfunction between the User Terminal and the terminal, etc.;
  • In the case of a failure of the User Terminal itself or the User Terminal system, etc.; and
  • Other cases provided in the Terms and Conditions, etc.;
• The Settlement Service User shall acknowledge in advance that the Company shall bear no responsibility in case of any adverse effects on the various functions of the User Terminal or on the various data stored in the User Terminal due to applying for or using the Settlement Service and even in case the Settlement Service User or a third party suffers damage, except when there are grounds to be attributed to the fault of the Company.

Article 11 - No Warranty

The Company does not guarantee the products, technologies, applications, etc. provided or distributed by Google, and the quality and functionality, etc. of the User Terminal, regardless of whether this is related to the Settlement Service or not.

Article 12 - Termination and Suspension of the Settlement Service

The Settlement Service User shall acknowledge in advance that the Settlement Service may be terminated or suspended without prior notice if Google or the Company deems that any of the following circumstances applies. In this case, the Settlement Service User shall acknowledge in advance that the Company shall bear no responsibility, except when there are grounds to be attributed to the fault of the Company.

• When there is a defect, etc. in the User Terminal or in the data, etc. installed / stored on it;
• When there are serious obstacles to the performance of operations by Google or the Company; or
• Other cases, when Google or the Company determines that the termination or suspension of the Settlement Service is necessary.

Article 13 - Modification and acceptance of this Special Agreement

• The Company may modify this Special Agreement and other conditions in the event that changes in financial situations or other reasonable grounds are deemed. The Company will provide notification of the modification by posting relevant information on its website or by other appropriate means.
• The modifications in the preceding paragraph shall be applied from the commencing date of application set forth at the Company's notification, etc.

Article 14 - Terms of Use, etc. of Other Companies

The Company shall bear no responsibility for the contents of the terms of use, etc. that apply between Google and its customers.

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Consent In Matters For Handling Personal Information, etc.

<“Consent in Matters for Handling Personal Information, etc.” constitutes a part of this Special Agreement>

Article 1 - Collection, Possession and Use, etc. of Personal Information, etc.

• The Settlement Service User or those who apply for the use of the Settlement Service (“Settlement Service Users, etc.”), regarding the personal information, etc. listed below, shall agree in advance that the Company collects (including the provision by Google Asia Pacific Pte. Ltd. (“Google Asia”) to the Company as the third party)/ possesses / uses the personal information, etc. after taking protective measures.
  • The Member’s Information (items registered in the Settlement Service by a Settlement Service Users, etc.; Member’s name, address, phone number, card number, expiration date, etc.);
  • Names, addresses, telephone numbers, etc. of the Settlement Service Users, etc., items of the user registration made when the Settlement Service Users, etc. creating the Company's account;
  • Information about the User Terminal;
  • Information on transaction amount, date and time, and usage status of the Settlement Service in the Partner Establishments, etc.; and
  • Other information equivalent to (1) to (4) as specified above;
• The Settlement Service Users, etc. agree in advance that the purpose of use of the personal information, etc. of each item in the preceding paragraph is indicated in the following clauses.
  • To provide and manage the Settlement Service and additional services;
  • To comply with laws and regulations, and to respond to inquiries from authorities;
  • For research and development of financial products and services through market surveys, data analysis and questionnaires, etc.;
  • For various proposals related to financial products and services such as sending direct mail, etc.; and
  • For cancellation of the Settlement Service and subsequent management after cancellation.
• The Settlement Service Users, etc. shall agree in advance that the Company will provide Google Asia, as a third party, with the personal information, etc., designated in each clause of paragraph 1, and that Google Asia will use such personal information, etc. for the following purposes:
  • To provide and manage the Settlement Service and additional services;
  • For the implementation of the Settlement Service promotions, verification of effects, and reporting;
  • For data analysis aimed at improving the Settlement Service;
  • For fraud detection and responding; and
  • To comply with laws and regulations and to respond to inquiries from authorities.

Article 2 - Cancellation of Direct Marketing

The Settlement Service Users, etc. may cancel receiving direct mails, telephone calls or e-mails from the Company, if the Settlement Service Users, etc. do not wish to receive these, by following the procedures on the website of the Company.

Article 3 - Case of Contract Failure

The Settlement Service Users, etc. shall agree that the personal information, etc. provided to the Company for application of the Settlement Service will be held and used for some period of time by the Company, even in cases when the Company does not accept the application for use of the Settlement Service from the applicants.

[For Non-Resident customers]

Within the scope of the purpose of use stipulated in each item of Article 1, paragraph 2, the Company may provide third parties such as Google, a service provider of Google Pay, and other subcontractors, etc. of the Company with the personal information, etc. of the Settlement Service Users, etc. Some third parties for which the Company provides the personal information, etc. of the Settlement Service Users are located in other countries (hereinafter referred to as "Outside The Region") than Japan and the country the Settlement Service Users, etc. resides (hereinafter referred to as ”Within The Region”) (the location of Google Asia is the Republic of Singapore). It is considered that the following conditions have also been accepted with the consent of the Settlement Service Users, etc. to this Special Agreement.

• In order to achieve the purpose of use, the personal information, etc. of the Settlement Service Users, etc. may be transferred to a third party located Outside The Region.
• In countries Outside The Region, the establishment of data protection laws at the same level with those of the countries Within The Region and the rights of individuals recognized Within The Region are not necessarily guaranteed.

The Settlement Service Users, etc. can request withdrawal of the consent at any time. The Company shall stop providing information to third parties after confirming the details of the request within the appropriate and possible extent. However, the Settlement Service may not be provided due to suspension of provision to third parties. Please make a request after acknowledging in advance.

Google Pay is a trademark of Google LLC.

Provision of information when obtaining consent as set forth in Article 28, Paragraph 2 of the Act on the Protection of Personal Information

Google LLC

• Name of the foreign country: United States
• Information obtained in an appropriate and reasonable method regarding the foreign country's system for the protection of personal information.
  • The presence of a system for protecting personal information
    The California Consumer Privacy Act (CCPA) is a comprehensive statute.
  • Information that can be used as an indicator of the system for protection of personal information
    • No EU sufficiency accreditation.
    • Participation in APEC's CBPR effective July 25, 2012.
  • An obligation or a right to follow the eight principles of the OECD Privacy Guidelines
    To a certain extent, the predictability of risks associated with the provision of personal data to third parties in foreign countries is considered to be guaranteed for private companies. Therefore, information concerning the subject does not necessarily need to be provided but shall be provided as required by CCPA.
    • Collection Limitation Principle is set forth in CCPA.
    • Data Quality Principle is set forth in CCPA.
    • Purpose Specification Principle is set forth in CCPA.
    • Use Limitation Principle is set forth in CCPA.
    • Security Safeguards Principle is set forth in CCPA.
    • Openness Principle is set forth in CCPA.
    • Individual Participation Principle is set forth in CCPA.
    • The principle relevant to Accountability is not applicable.
  • Other systems which may have significant impact on the rights and the interests of an individual are not applicable.
    For details, please refer to the website of the Personal Information Protection Commission.
    (https://www.ppc.go.jp/index.html)
• Information concerning the actions to be taken by the third party for the protection of personal information.
  Google LLC protects personal data according to its own privacy policy.
  For more information, please visit the Google LLC website.
  (https://policies.google.com/privacy?hl=ja)
• Third party to whom personal data is disclosed
  Google LLC
• The purpose of the usage by third parties to whom the information is disclosed
  The provisions set forth in Article 1, paragraph 2 of “Consent in Matters for Handling Personal Information, etc.”
• The items of personal data to be disclosed to a third party
  The contents of this agreement are set forth in Article 1, Paragraph 1 of “Consent in Matters for Handling Personal Information, etc.”

Google Asia

• Name of the foreign country: The Republic of Singapore
• Information obtained in an appropriate and reasonable method regarding the foreign country's system for the protection of personal information.
  • The presence of a system for protecting personal information
    The Personal Data Protection Act (No. 26 of 2012) is the Comprehensive Statute applicable to the private sector.
  • Information that can be used as an indicator of the system for protection of personal information
    • No EU sufficiency accreditation.
    • Participation in APEC's CBPR effective February 2018.
  • An obligation or a right to follow the eight principles of the OECD Privacy Guidelines
    To a certain extent, in the case of economies participating in APEC's CBPR system, the predictability of risks associated with the provision of personal data to third parties in foreign countries is considered to be guaranteed for private companies.
• Information concerning the actions to be taken by the third party for the protection of personal information.
  Google Asia protects personal data according to the privacy policy set by Google LLC.
• Third party to whom personal data is disclosed
  Google Asia
• Purpose of use by third parties to whom the information is disclosed
  The provisions set forth in Article 1, paragraph 2 of “Consent in Matters for Handling Personal Information, etc.”
• The items of personal data to be disclosed to a third party
  The contents of this agreement are set forth in Article 1, Paragraph 1 of “Consent in Matters for Handling Personal Information, etc.”

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