Privacy and Copyright

Privacy Policy

IIJ America Inc. (“IIJA”) is committed to protecting your privacy and to implementing security features to safeguard private information and communications against unauthorized access or improper use.

IIJA may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information.

  • Your name
  • Company name
  • Email address
  • Postal address
  • Telephone and Fax numbers
  • Credit card information
  • Other billing information

IIJA also uses cookies, which are small pieces of information that a web site can store in a designated file on a user’s computer for various reasons. For example, IIJA uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within IIJA. In addition, IIJA may store customers’ electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

IIJA may use customer information to provide its customers with system information or information about new or upgraded products. In addition, IIJA may collect and share non-personally identifiable information (such as website usage information) from visitors to its web sites with third-party companies for various purposes such as statistical analysis, performance optimization and promotional uses. IIJA will not in any way share this information with a third party either for free or by selling it, unless you specifically authorize such disclosures. IIJA is not responsible for the content or for the privacy practices of non-IIJA web pages, including those you may reach through a link on the IIJA website.

Should IIJA modify its practices regarding the collection or use of information obtained through the IIJA website in the future, this guideline will be amended to reflect such modification.

Copyright Policy

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the IIJ America Inc. (“IIJA”) system or Web site should be sent ONLY to IIJA Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING IIJA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

  • IIJ America Inc.
  • ATT: CPO
  • 55 East 59th Street, Suite 18C, New York, NY 10022
  • E mail address:copyright@iij-america.com
  • Fax number:212-869-8267

Under Title 17, United States Code, Section 512(c)(3)(A), the notification of a claimed copyright infringement must be provided via email or regular mail to IIJA and must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IIJA to locate the material.
  4. Information reasonably sufficient to permit IIJA to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IIJA will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).

Counter notification to Claimed Copyright Infringement

If a notice of copyright infringement has been filed against you, you may file a counter notification with IIJA’s designated agent at the address listed above. To be effective, a Counter Notification must meet the following requirements:

  1. It must be a written communication;
  2. It must be sent to the IIJA’s Designated Agent;
  3. It must include the following:
    1. Your physical or electronic signature of ;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which IIJA may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification from you containing the information as outlined above, IIJA will:

  1. Promptly provide the person who has filed the notice of copyright infringement (“Complaining Party”) with a copy of the Counter Notification;
  2. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
  3. Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided IIJA’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on IIJA’s network or system.

IIJ America Safe Harbor Privacy Policy

IIJ America, Inc., (“IIJ America”), the US subsidiary of Internet Initiative of Japan Inc., is a provider of Internet backbone and cloud services to governments, businesses and other entities throughout the world.  Under its IIJ GIO US Service brand, IIJ America connects high-end servers in the United States to the IIJ Group’s Internet backbone network.  This Safe Harbor Privacy Policy covers IIJ America’s privacy practices pertaining to the transfer of Personal Information from EU Member States and Switzerland to the United States in connection with its cloud services.

US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework

Consistent with its commitment to protect personal privacy, IIJ America adheres to the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework, and the Safe Harbor Privacy Principles, as applicable, regarding the transfer of Personal Information from EU Member States and Switzerland to the United States.

Definitions

The following definitions apply throughout this Safe Harbor Privacy Policy:

Personal Information.  “Personal Information” means any information or set of information that is transferred from the European Union and Switzerland to the United States, is recorded in any form, pertains to or is about any individual, or can be linked to or used to identify that individual.

Sensitive Personal Information.“Sensitive Personal Information”is Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, criminal proceedings or convictions, or that concerns health or sexual activity.

Status as a Data Processor

In the provisioning of cloud computing services, IIJ America acts solely as a “Data Processor” for the transfer of its customer services data from EU Member States and Switzerland to the United States for processing.  A Data Processor is an organization that processes Personal Information and/or Sensitive Information purely on behalf of and pursuant to the instructions of a Data Controller.  IIJ America provides these services under contract to its clients in the European Union and Switzerland and, accordingly, IIJ America holds, processes and/or transfers such customer services data at the direction of its client, which acts as a Data Controller.  Accordingly, IIJ America’s customers, as Data Controllers, decide what data to hold about what categories of Personal Information and about what categories of individuals.   IIJ America does not control this customer services data and any access to or use of such data is incidental to IIJ America completing its contractual obligations to its clients.  (See US-EU Safe Harbor Framework Guide to Self-Certification, FAQ X)

Moreover, as a Data Processor, IIJ America has no relation with the data subjects.  Any obligation to determine whether to provide notice to data subjects regarding what Personal Information is collected about them and how it is used, or to obtain their consent, rests with IIJ America’s clients as Data Controllers.  IIJ America will process Personal Information only as directed by its clients.

IIJ America notes that the Safe Harbor Privacy Principle of onward transfer  applies to Data Processors; however, IIJ America  does not use third-party subcontractors when processing Personal Information at the direction of its clients.  In addition, IIJ America will, whenever necessary, assist its clients in dealing with any access requests from individual data subjects, and will pass any requests for access received to them.  Incident to its provision of cloud services, IIJ America collects limited information regarding its clients: a contact name, business phone number and business email address.  This information is collected for internal administrative purposes only and is not disclosed to any third parties.

As a Data Processor, IIJ America takes the security of Personal Information very seriously.  Accordingly, it has implemented appropriate technical and organizational measures against unauthorized or unlawful processing of Personal Information and against accidental loss of, or damage to, Personal Information.

Inquiries and Dispute Resolution

Any inquiries regarding this Safe Harbor Privacy Policy and Personal Information collected by IIJ America should be directed to:

Corey Watanabe
Chief Financial Officer
55 E. 59th Street, #18
New York, NY  10022  USA
(212) 440-8080
www.iijamerica.com
safeharborprivacy@iij-america.com

JAMS International provides IIJ America’s third-party, independent dispute mechanism as required under the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework. If you have a complaint about IIJ America’s Safe Harbor compliance that cannot be resolved directly with IIJ America, contact JAMS International at www.jamsinternational.com/rules-procedures/safeharbor/file-safe-harbor-claim.

IIJ America’s Safe Harbor self-certification statement may be accessed on the Safe Harbor program website: https://safeharbor.export.gov/list.aspx .

Changes

This Safe Harbor Privacy Policy is subject to change from time to time.  IIJ America will endeavor to post a notice of any changes to this Privacy Policy for a period of thirty (30) days following any such modifications. Therefore, you are advised to review this Privacy Policy occasionally, or at least every thirty (30) days.  The Effective Date of this Safe Harbor Privacy Policy will be updated when any such changes are made.
If any term or provision of this Safe Harbor Privacy Policy shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of this Safe Harbor Privacy Policy, or the whole of this Safe Harbor Privacy Policy, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and IIJ America shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Safe Harbor Privacy Policy.

Contact Information

Questions or comments regarding this Safe Harbor Privacy Policy may be submitted to IIJ America at safeharborprivacy@iij-america.com.