Article 1 (Definitions of Key Terms)
(1) The Service has two main roles: (A) providing Clients with information on Experts that can do Outsourced Work for the Clients and (B) managing the progress on Outsourced Work.
(2) A “Client” is an individual, company, or other legal person who is using or intends to use the Service to outsource manufacturing and other manufacturing-related work (collectively referred to as “Outsourced Work”).
(3) An “Expert” is an individual, company, or other legal person who has accepted or intends to accept Outsourced Work from a Client through the Service.
(4) An “Outsourcing Agreement” refers to the agreement concluded by a Client and an Expert through the Service.
(5) A “Consideration” refers to a sum of money that a Client should pay the Expert as defined in the Outsourcing Agreement. The Consideration is in other words the reward for Outsourced Work.
(6) A “Service User Agreement” is an agreement concluded by Recruit and a Client for the Client to receive consulting and progress-management services from Recruit. The Service User Agreement defines the contracting fee, which is the fee that the Client must pay in exchange for receiving information on Experts from Recruit and for entering into an agreement with an Expert that will perform the requested Outsourced Work.
(7) “Personal Information” refers to data such as name, address, and email address that enables the identification of an individual.
(8) “Confidential Information” refers to all information acquired by Recruit and Experts through the Service from each other or from a Client; it includes, but is not limited to, information on technologies, development, products, business, plans, and know-how.
Article 3 (Experts Registration)
1. An Expert must complete registration for the Service by: first familiarizing themself with the content of the Service and how it works, then entering data pertaining to the Expert in the prescribed format on the Website, and finally uploading all required data.
2. An Expert must ensure that the material provided for registration, as specified in the preceding paragraph, does not contain any false content and shall notify Recruit immediately of any changes in registered data should they occur.
Article 4 (Our Service)
1. The Service has two main roles:
(1) Providing Clients with information on Experts that are capable of performing the requested Outsourced Work
(2) Consulting and managing the progress of Outsourced Work for Clients
2. The Service is designed to find an appropriate Expert with whom a Client can conclude an Outsourcing Agreement and to facilitate the execution of duties by the Expert as set forth in the Outsourcing Agreement. Recruit is therefore not a party to the Outsourcing Agreement and is not responsible for carrying out the Outsourced Work.
3. Recruit may, but does not have an obligation to, provide information on an Expert to a Client that has completed registration and has requested Outsourced Work through the Service.
4. With regard to the selection of Experts, the execution of work by the Expert according to the Outsourcing Agreement, and the products thereof, Recruit does not: verify the content; guarantee any level of quality, reliability, legality, accuracy, or utility; or bear any responsibility for defects or deficiencies.
5. As detailed in Article 7, the Consideration owed to an Expert by a Client in accordance with the Outsourcing Agreement shall be processed on the Client’s behalf by Recruit (the Client shall consent to this). Recruit, however, shall bear no obligation or responsibility in the event that the Client does not provide the money to be paid.
Article 5 (Restrictions on disintermediation)
For five years after an Expert is introduced to a Client by Recruit through the Service, the Expert may not do the following directly with the Client without using the Service (collectively referred to as “disintermediation”): enter into an agreement with the Client, invite the Client to enter into an agreement, or accept an invitation from the Client to enter into an agreement. Any agreement concluded by the Expert and the Client through disintermediation shall be considered an Outsourcing Agreement concluded through the Service and shall be subject to a penalty, worth 5% of the reward paid by the Client to the Expert, which the Expert must present to Recruit.
Article 6 (Service Usage Fee)
1. An Expert will neither need to pay a fee nor receive a reward for providing information to complete registration.
2. The Service Usage Fee consists of consulting fees and/or the contracting fee (for the information on Experts provided by Recruit) and will in principle be paid to Recruit by the Client together with the Consideration payment as detailed in the next Article.
Article 7 (Payments)
1. A Client shall entrust Recruit with the processing of Consideration payments to the Expert. In other words, Recruit will process payments on the Client’s behalf.
2. When an Outsourcing Agreement is concluded, giving rise to the Expert to claim a payment of Consideration, the Client shall promptly provide Recruit with the money for Consideration according to the method specified separately by Recruit.
3. To facilitate Recruit’s processing of payments (including Consideration) on the Client’s behalf, the Client will provide Recruit with a copy of the Outsourcing Agreement as soon as it is concluded. The Expert shall consent to this.
4. The Expert shall bear the cost (wire transfer fee) required by Recruit to perform a bank transfer to provide the Expert with the Consideration.
5. The Expert must not receive the payment of Consideration directly from the Client. Regardless of whether a payment has been made directly in violation of this term, the Client has the obligation to provide Recruit with the money for Consideration payment.
Article 8 (Costs)
Article 9 (Non-disclosure of Confidential Information and Personal Information)
1. Except when required for the operation of the Service that Recruit disclose the Expert’s Confidential Information to Recruit executives and/or employees, Recruit shall not, without the prior written consent of the Expert, disclose in any way the Expert’s Confidential Information to a third party and shall not use it for a purpose other than the operation of the Service.
2. Whenever requested by an Expert, Recruit will immediately destroy all Confidential Information in a way that takes extra precautions to guard against information leakage.
3. Only to the extent required for operational execution, Recruit shall be allowed to entrust a subcontractor with some or all of the operations that involve the handling of the Expert’s Confidential Information. When this is required, Recruit shall require the same duty of confidentiality of the subcontractor as that defined in this Article.
4. With regard to the Confidential Information and Personal Information acquired by an Expert through the Service when deciding whether to use the Service or when using the Service, the Expert may only use the information to decide whether to use the Service or to actually use the Service. The Expert may not use the information for any other purpose (whether commercial or not) in any way.
5. An Expert shall treat the Personal Information and Confidential Information of a Client in strict confidence and in an appropriate manner, and the Expert shall not disclose the information in any way to a third party except when consent has been obtained directly from the Client.
6. If a customer or another third party files a claim (including a lawsuit) against Recruit regarding the use or management of the Personal Information or Confidential Information of a Client by an Expert, the Expert shall settle or resolve the claim on their own responsibility and at their own expense and shall indemnify Recruit.
7. The following that an Expert acquires when deciding whether to use the Service or when using the Service may not be disclosed in any way to a third party or be used by the Expert for the Expert’s own purpose: Recruit’s Confidential Information and undisclosed information, which includes, but is not limited to, source code, know-how, methods, and other information relating to the Service.
8. Whenever requested by Recruit, an Expert shall immediately return all Confidential Information and Personal Information to Recruit or destroy all the information in a way that takes extra precautions to guard against information leakage.
9. A legitimate request by the national government or another public authority for Recruit to disclose Confidential Information is not subject to the duty of confidentiality defined in this Article. However, whenever Recruit (or an Expert) learns of such a request, Recruit (or the Expert) must promptly notify the Expert (or Recruit) and other relevant entities of the matter, and efforts shall be made to maintain the confidentiality of Confidential Information as much as possible.
[Article 10] Prohibited acts
An Expert shall not do any of the following or anything that may be considered any of the following.
(1) Commit a crime or an act that may lead to crime
(2) Infringe Recruit’s or a third party’s rights, which include, but are not limited to, copyrights, trademark rights, other intellectual property rights, privacy rights, and rights to honor and dignity
(3) Slander or discriminate against Recruit or a third party
(4) Use the Service for a purpose other than its intended purpose
(5) Attempt or gain unauthorized access to the Service’s systems; interfere with the operation of the Service
(6) Duplicate, reproduce, copy, transfer, store, sell, or publish the content of the Service, entirely or in part, without Recruit’s permission. Any other use of the content of the Service, entirely or in part, is also prohibited if beyond the Expert’s own personal use and Recruit’s permission has not been obtained.
(7) Undermine the credibility of Recruit or a third party
(8) Use the Service under a false name or identity
(10) Use the Service in a way other than what is approved by Recruit
(11) Cause a nuisance to Recruit or a third party
(12) Do something not listed above but is nonetheless deemed inappropriate by Recruit
Article 11 (Obligation to pay damages)
Article 12 (Release from liability)
1. Recruit does not guarantee any aspect of the Service or of the information provided through the Service, including, but not limited to, accuracy, the state of being up to date, completeness, and usefulness.
2. If an Expert’s device is not suited for the use of the Service, Recruit has no obligation to modify or improve the Service or to make any other arrangement to enable suitability.
3. By using the Service, the Expert agrees that the Service may become unavailable for use, entirely or in part, for any reason, including problems arising from the communications infrastructure.
4. Recruit does not guarantee that Service-related emails and Web content that Recruit sends are free of computer viruses and other harmful components.
6. In addition to the cases described above, in principle, Recruit shall not be responsible for any loss or damage incurred by the Expert through the use of the Service.
7. In the event that Recruit compensates an Expert for breach of contract or wrongdoing associated with Recruit’s negligence, Recruit will pay as damages a sum not exceeding the Service Usage Fee that the Client has paid or should pay for the agreement involved (except in the case of gross negligence).
Article 13 (Modification, suspension, and termination of Service)
1. In the following cases, Recruit may suspend or discontinue all or part of the Service without notifying the Expert. Recruit shall not be responsible for any damage incurred by the Expert or a third party as a result.
(1) Regular or emergency maintenance or inspection is needed for the Service’s system. (This includes changes to the specifications of a service provided by a third party.)
(2) The operation of the Service is deemed either difficult or impossible due to an emergency, such as a fire, a power failure, or a natural disaster.
(3) The operation of the Service is deemed either difficult or impossible for a reason such as war (civil or international), insurrection, riot, or labor dispute.
(4) The operation of the Service is deemed either difficult or impossible for a reason such as Service system failure, unauthorized access, or infection by a computer virus.
(5) The operation of the Service is deemed either difficult or impossible as a result of legal action or a measure implemented by a public authority.
(6) The operation of the Service is deemed either difficult or impossible as a result of suspension or termination of a service provided by a third party (this includes suspension due to maintenance, changes to specifications, or defect repair).
(7) Any other case in which Recruit deems suspension or termination inevitable
2. Recruit reserves the right to make modifications, additions, or deletions (collectively, “changes”) to all or part of the Service without notifying the Expert. Recruit shall not be liable for any loss or damage incurred by the Expert or a third party as a result of the changes.
2. Unless otherwise specified by Recruit, the updated ToS that have undergone any changes shall come into effect immediately upon being displayed on the screen of the device on which the Service is being used.
3. An Expert who cannot agree to the updated ToS shall stop using the Service. An Expert who continues to use the Service after the updated ToS take effect agrees to the updated ToS.
Article 15 (Measures against organized crime (Anti-Social Forces)
1. An Expert shall be able to testify that they are not, and will not become, any of the following (collectively referred to as “gang-related entities”): a gang, a gang member, a former gang member (a gang member within the last five years), a gang associate, a gang-related company, a racketeer (including racketeering organizations claiming to advance political or social interests), a fraud group (including groups using specialized skills to fraudulently advance personal gains), or any entity that essentially constitutes any of the above. The Expert shall also declare that none of the following applies, and will not apply, to them.
(1) Have a relationship that is deemed to be controlled by a gang-related entity
(2) Have a relationship that is deemed to be partially controlled by a gang-related entity
(3) Utilize a gang-related entity to advance wrongful gain for themself, their own company, or a third party or to cause wrongful loss to a third party
(4) Have a relationship that involves providing money, benefits, etc. to a gang-related entity
(5) An executive or another individual who is essentially part of the company’s management has a socially disreputable relationship with a gang-related entity.
2. An Expert shall vow to never do, or have a third party do, any of the following.
(1) Try to obtain something through force or threats
(2) Make unreasonable demands that go beyond the limits of legal liability
(3) Use behavior that is seen as intimidation or violence to do business
(4) Damage another entity’s reputation or interfere with another entity’s business by spreading rumors, abusing power, or committing fraud
(5) An act that essentially constitutes any of the above
Article 17 (Anti-assignment)
Article 18 (Applicable law and jurisdiction)
2. A dispute between an Expert and Recruit that requires litigation shall be submitted by consent to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Created and effective on February 17th, 2016
Media Technology Lab
Personal Information Protection Policy
Recruit Holdings Co., Ltd. provides, through a variety of media, including information magazines, the Internet, mobile devices, events, and service counters, various chances for companies and individuals, in different aspects of their lives, as expressed in its brand message "Meet your opportunity."
In operating its business, RECRUIT handles the personal information of a large number of customers and employees. Therefore, RECRUIT has established this Policy and a personal information management system based on its Code of Ethics, through which RECRUIT, as a company, is committed to realizing the responsible handling of personal information.
RECRUIT will, to the extent possible, specify the purposes of use of the personal information, and will properly handle the personal information within the scope necessary to achieve such purposes. RECRUIT will take measures to ensure the prevention of any use of the personal information other than for the intended purposes of use.
RECRUIT will obtain personal information only through legitimate and appropriate means.
RECRUIT will not provide any third party with the personal information of any individual without the consent of such individual.
In managing personal information, RECRUIT will make efforts to take all necessary and appropriate measures to ensure the prevention and correction of any leakage, loss or damage of the personal information, as well as the otherwise secure management of the personal information.
In handling personal information, RECRUIT will make efforts to ensure that the individual who has provided the information may properly be involved in the handling process, and make efforts to keep the personal information accurate and updated to the extent possible.
RECRUIT will comply with laws and regulations pertaining to the protection of personal information, and establish, continuously review and comply with its internal rules pertaining to the protection of personal information.
RECRUIT will have a section for responding to complaints and consultations concerning the protection of personal information and make efforts to properly respond to such complaints and consultations.
Recruit Holdings Co., Ltd..
Masumi Minegishi, President and Representative Director
Established and implemented on April 17, 2002
Revised on April 2, 2003
Revised on April 1, 2004
Revised on December 15, 2005
Revised on June 6, 2007
Revised on March 5, 2008
RECRUIT is accredited as a “privacy-mark” licensed operator.
Regarding the handling of personal information
Personal information means information concerning a User as an individual, which can identify the User based on the name, address, telephone number, e-mail address, educational institution, or other descriptions, etc. constituting such information. In addition, any information which cannot identify the User solely by itself but can easily be cross-referenced with other information and, as a result thereof, can identify the User, is also included in the scope of personal information. Purposes of use of personal information
RECRUIT shall use personal information only for the following purposes, and shall not use any personal information beyond these purposes of use:
A. Personal authentication of Users and provision of various services to such Users;
B. Distribution and sending of communications, mail magazines, direct mail, various announcements, etc. relating to the use of the Services;
C. Provision of personal information to Service Using Companies, etc., subject to Users’ consent/application;
D. Distribution/display of advertisements, contents, etc., based on attribute information, terminal information, location information, action history records, etc., and provision of the Services ;
E. Improvement of the Services, development and marketing of new services;
F. Conduct of campaigns, questionnaires, monitoring trials, interviews, etc.;
G. Distribution of URL information to senders of blank emails;
H. Confirmation and responses to the content of comments, inquiries and word-of-mouth postings received concerning the Services; and
Addressee information received from Users
Under the Services, RECRUIT may receive, from a User, addressee information other than the information of such User, in order to send messages, products, etc., on behalf of the User.
Under the Services, addressee information will be used solely for sending messages, products, etc., based on the relevant User’s request and will be properly managed as personal information.
Addressee information shall be registered, changed or deleted at the discretion of the relevant User, and, as a general rule, will not be changed or deleted at the Services’ side. Anyone who wishes to change or delete addressee information is requested to contact the User who has sent the message, products, etc., to the addressee.
If an addressee does not know the sender, please refer to the following contact in charge of personal information management.
Provision of personal information to third parties
RECRUIT, as a general rule, does not provide any third party with any User’s personal information without the consent of such User. RECRUIT provides third parties with personal information only if it has obtained the User's consent thereto, specifying the party to whom the information is to be disclosed and the content of information to be disclosed. However, RECRUIT may provide personal information without the User's consent within the scope not conflicting with related laws and regulations, where any of the following applies:
A. RECRUIT considers that the User will cause disadvantage to a third party;
B. Providing such personal information is specifically necessary for the improvement of public health or the sound growth of children, and obtaining approval therefor from the User is difficult;
C. It is necessary to cooperate with a governmental organization or a local government, or a person designated by the same in the performance of administrative work prescribed by laws or regulations, and obtaining the consent of the User thereto will likely hinder the performance of such administrative work;
D. The disclosure of the personal information is required by a court, public prosecutor's office, police or any other organization having similar authority;
E. User has expressly requested that his/her personal information be disclosed or provided to third parties;
F. It is permitted by law or regulations to disclose or provide the personal information; or
G. The personal information is provided in connection with a business succession due to merger or otherwise, to the extent that the personal information is handled within the scope of the purposes of use applicable prior to such succession.
Disclaimer concerning the provision of personal information to third parties
RECRUIT will not be responsible for the acquisition of personal information by a third party where any of the following applies:
A. A User indicates his/her own personal information to a specific company, using any function under the Services or by other means (As for the handling of personal information in the Service Using Companies, etc., please directly make inquiries to each of the Service Using Companies, etc.);
B. A User is unexpectedly identified by any activities or other information entered by the User under the Services;
C. A User provides personal information to, and the User’s personal information is used at, an external site linked by the Services; or
D. Anyone other than a User obtains the User’s information (ID, password, etc.) which can identify the User as an individual.
Outsourcing of personal information processing
RECRUIT may outsource personal information handling work in part or in whole. RECRUIT shall be responsible for the handling of personal information by the party to which such work is outsourced.
Use of statistically-processed data
RECRUIT may, based on personal information provided to it, create statistical data which shall be processed in a manner that cannot identify any individual. RECRUIT may, without restriction, use such statistical data that cannot indentify individuals.
Modifications, etc. to personal information
As a general rule, only the User himself/herself can request notification regarding the “purposes of use of the personal information,” or any disclosure or correction of, addition to, deletion or suspension of his/her registered personal information, or the provision thereof to third parties (“Modification, etc., of Personal Information”). For specific methods, please refer to the following contact person in charge of personal information management. However, RECRUIT may not agree to comply with a request for the Modification, etc., of Personal Information where any of the following applies:
A. The Modification, etc., of Personal Information is likely to cause damage to the life, limb, property or other rights or interests of the User or any third party;
B. The Modification, etc., of Personal Information is likely to considerably hinder the proper performance of the Services; or
C. The Modification, etc., of Personal Information would constitute a violation of any other laws or regulations.
Furthermore, RECRUIT may not agree to comply with a request for the Modification, etc., of Personal Information if such Modification, etc., of Personal Information requires excessive cost, or if the performance of such Modification, etc., of Personal Information is otherwise difficult, and instead RECRUIT ensures that necessary alternative measures shall be taken for the protection of the rights and interests of the User.
Accuracy of personal information
RECRUIT shall make efforts to accurately data process the personal information provided to it. However, Users shall be responsible for ensuring that the personal information they provide is accurate and up-to-date. Restrictions on acquisition of sensitive personal information
RECRUIT, as a general rule, shall not obtain any User’s personal information which contains any of the following information, unless the personal information has been provided by the User himself/herself:
A. Information relating to personal philosophy, belief or religion;
B. Information relating to race, ethnic background, family background, domicile (except for information on the prefecture where the User is located), physical or mental disability or criminal record or other matters that may cause social discrimination;
C. Information relating to the right to organize, or any acts of collective bargaining or other collective actions as a worker;
D. Information relating to participation in acts of mass demonstration, exercise of petition rights or other political rights; or
E. Information relating to health and medical conditions or sex life.
In the event of a membership registration for each web service, or the use of the Services by a member, or RECRUIT’s response to a User’s request for the disclosure, correction, deletion, or suspension of use of such User’s personal information, etc, RECRUIT shall verify the relevant individual’s identity based on information that can identify such individual (i.e., name, address, telephone number, date of birth, e-mail address, member ID number, password, etc.). However, RECRUIT shall not be responsible in the event of any third party obtaining and using information that can identify the relevant individual.
Acquisition or use of attribute information, terminal information, location information and action history records, etc.
Cookies, etc., among the attribute information, terminal information, location information and action history records, etc. (“Action History Records, etc.”):
Access logs, etc., among Action History Records, etc., in the following case:
When a User uses the Services by logging into the same, RECRUIT may, upon identifying the identity of such User, distribute/display advertisements, contents, etc., and provide the Services by way of using the Action History Records, etc., prior to such log-in by the User. To unsubscribe from such advertisements, etc., please contact the person responsible for management of the personal information, specified below.
Person responsible for the management of personal information
Recruit Holdings Co., Ltd.
Corporate Executive Officer
For any inquiries concerning personal information, please contact us.