MOFF PRIVACY POLICY

Moff, Inc. (the “Company”) sets forth this Privacy Policy (this "Policy") with regard to the handling of users’ information, including but not limited to personal information of users of the Moff Band and associated applications and services which the Company provides (the "Services"), as follows.

1 USER’S INFORMATION TO BE COLLECTED AND METHOD OF COLLECTION

For purposes of this Policy, "User’s Information" means the information pertinent to the user of the Services (the “User(s)”) and created or accumulated in the User’s use of the Services or the User’s device, which is collected by the Company pursuant to this Policy.

The Company may collect the following information.

(i) Information Provided By Users

The Users are required to complete the registration process the Company requests before starting to use the Services. For the registration, the user is required to enter the information including the nickname the user creates for the Services, and the user’s gender, age, and dominant arm. When the Company collects the information which identifies each user such as name or e-mail address, such information shall be provided by the Users at their discretion.

(ii) Information Collected By The Company

In connection with the use of the Services, the Company may collect information that does not identify each user such as:

・ Anonymous device-related information (Device ID number, other device information, etc.)

・ Frequency of use of services (Users’ actions on the Services, settings, choices, inputs, timings and hours of use, etc.)

・ The Moff Band-related information (Device ID, sensor Information etc.)

2 PURPOSE OF USE

The User’s Information may be used for the following purposes:

(i) provision, maintenance, protection, and improvement of the Services, including but not limited to acceptance of registration for the Services and identification of individuals;

(ii) guidance (including advertisement delivery and introduction of a new product) or response regarding inquiries relating to the Services;

(iii) addressing a violation of rules or policies of the Company relating to the Services (the "Rules");

(iv) notice of any modification to the Rules with regard to the Services;

(v) providing updates and other support services;

(vi) utilizing for product development;

(vii) providing corporate services including market analysis and marketing support;

(viii) improving the contents and the user convenience of the Services; and

(ix) other purposes of use related and incidental to the foregoing.

3 PROCEDURES FOR NOTICE, PUBLICATION AND OBTAINING PERMISSION; PROCEDURES FOR REQUEST FOR DISCONTINUATION OF USE

3.1 User’s permission to use the User’s Information subject to Purpose of Use under Article 2 shall be deemed to have been given upon (i) User’s provision of User’s Information set out in Article 1, Paragraph 1 to the Company; and (ii) by using the Services by the User with respect to User’s Information set out in Article 1, Paragraph 2.

3.2 The User is entitled to require the Company to discontinue the collection and use of any or all of the Information which identifies each user set out in Article 1, Paragraph 1, and upon receipt of such request, the Company shall immediately discontinue the collection and use of such User’s Information as prescribed by the Company.

4 PROVISION TO THIRD PARTIES

The Company shall not provide to any third party any personal information (as defined under Article 2 of the Act on the Protection of Personal Information (Act No. 57 of 2003) in Japan (the “Personal Information Protection Act”), (“Personal Information”) contained in the User’s Information without prior consent of the User. However, this provision shall not apply in the following cases:

(i) the Company authorizes a third party to handle the Personal Information in whole or in part to the extent necessary to accomplish the purpose of the use;

(ii) the Personal Information is provided through a business transfer by way of merger or other similar transactions;

(iii) the Company is required to cooperate with any state agencies or local governments or their commissioned agents to perform their duties pursuant to applicable laws or regulations, and such performance is likely to be precluded if the consent of the User is sought; or

(iv) disclosure of the information is allowed under the Personal Information Protection Act or other applicable laws or regulations.

The Company may provide to a third party the information which does not fall under the personal information defined under the Personal Information Protection Act, including the information that does not identify each user such as the statistical information of the Users’ preference and the sensor information of the Moff Band.

5 DISCLOSURE OF PERSONAL INFORMATION

Upon the User’s request to disclose his/her Personal Information under the provision of the Personal Information Protection Act, the Company shall, without delay, disclose to the User such information after confirming that it is the request from said User (or in the case that such Personal Information does not exist, notify the User of such non-existence).

6 PROCEDURES TO AMEND THIS PRIVACY POLICY

The Company shall from time to time review and use its best efforts to continuously improve the operational status of the User’s Information, and may make modifications to this Policy as necessary. Any amendment to this Policy by the Company shall take effect when the Policy is posted on the Company website, and the User shall be deemed to have agreed to such amendment if the User uses the Services after the amended Policy is posted on the Company website.

Last modified: September 22, 2014