Article 1 (Definitions of Key Terms)
(1) “Service” indicates any service (1) providing a Client with information regarding an Assignee to consign the consignment business to, and/or (2) managing the progress of the consignment business for a Client.
(2) “Client” indicates any individual or juridical persons that consign or will consign the manufacturing operation (hereinafter, “Consignment Business”) of products and such to Assignee through our Service.
(3) “Assignee” indicates any individual or juridical persons that undertake or will undertake the Consignment Business from Client through our Service.
(4) “Consignment Agreement” indicates a consignment agreement concluded between Client and Assignee through using our Service.
(5) “Remunerations” indicate a commission (compensation for the consignment business) which Client shall pay to Assignee under the Consignment Agreement.
(6) “Usage Agreement for the Service” indicates an agreement between Recruit and Client determining the contract charges for reaching a binding agreement—by which Assignee, who received information provided by Recruit, will implement the consignment business from Client—and for receiving consultation and progress management from Recruit.
(7) “Personal Information” indicates information enabling the identification of individuals, such as addresses, names, and email addresses.
(8) “Confidential Information” indicates any information regarding technology, development, products, sales, plans, know-how, etc. that Client and Recruit obtained from any counterparty or Assignee through our Service.
Article 3 (Client’s Information Registration)
1. Upon understanding and accepting the structure of our Service and contents of service provided through our Service, Client shall provide the required information on the format to register the Client information and contents of the Consignment Business. Furthermore, Client shall register Client information by uploading the required information to our Service’s website.
2. Clients shall guarantee that the contents registered in the preceding paragraph do not contain false information and shall immediately notify Recruit in case of any changes in submitted contents.
Article 4 (Our Service)
1. Our Service shall be constituted as follows.
(1) Providing Client with information regarding Assignee candidates
(2) Managing progress of the Consignment Business and consultation to Client
2. Our Service is for the purposes of enabling Clients to sign the Consignment Agreement with an appropriate Assignee and enabling Assignee to smoothly perform the duty of the Consignment Agreement. Recruit shall not be a related party to the Consignment Agreement and shall not be liable for performing the Consignment Business.
3. Although Recruit may provide information regarding the Assignee candidates to any Client that has registered the contents of the Consignment Business on our Service, Recruit shall not be obliged to provide applicable information.
4. In case Client signs a Consignment Agreement regarding Consignment Business with an Assignee with which Recruit provided the information, the Usage Agreement for the Service—determining the contract charges for the Consignment Agreement by which Recruit provides information regarding Assignee and Recruit provides progress management and consultation for the Consignment Business—shall be separately signed between Client and Recruit, and the service charges shall be paid based on the contract.
5. Recruit shall not confirm or guarantee the contents, quality, credibility, legality, accuracy, and usefulness in selection of Assignee and the performance and deliverables by Assignee based on the Consignment Agreement nor shall Recruit be in any way liable for any defects.
6. Client shall
１． As for the payment process of the Remunerations by Client to Assignee based on the Consignment Agreement, pursuant of the Article 6, Client shall agree that Recruit shall conduct the process as Client’s agent. However, Recruit shall not be obliged or liable for default payment of the Remunerations by Client.
Article 5 (Limitation on Agreement with Counterparty Client Received the Information for)
Client shall not directly make a contract, solicit, or respond to solicitation (hereinafter, “Disintermediation Act”) without using our Service within 5 years after Recruit provided the information of Assignee candidates through our Service. In case of conducting the Disintermediation Act, the Consignment Agreement concluded between Client and Assignee through the Disintermediation Act shall be deemed to be signed using our Service, and Client shall pay the equivalent amount, 30% of commission to be paid to Assignee, as Usage Fees of the Service and penalty.
Article 6 Usage Fees of the Service
1. As for using our Service, registering Client’s information and registering information of the Consignment Business shall be conducted entirely free of charge.
2. In the case that Client concludes a Consignment Agreement with assignee in which the information was provided by Recruit, Client shall separately sign the Usage Agreement for the Service with Recruit and shall pay the usage fees of the Service specified by Recruit based on the contract.
3. The Usage Fees of the Service include progress charges for progress management of the consignment business by Recruit and consultation upon request as well as contract charges of the Consignment Agreement through information regarding Assignee provided by Recruit.
4. The Usage Fees shall be paid by Client to Recruit at the time of payment for the Remunerations prescribed in the following article. However, the rates and payment period shall be determined by the Usage Agreement for the Service that shall be separately concluded between Client and Recruit.
Article 7 (Payment Procedures of Remunerations Etc. & Payment Commission Fees)
1. Client shall consign the payment procedures of the Remunerations to the Assignee of the Client and Recruit shall handle the payment procedures on behalf of Client.
2. Client shall be obliged to pay the Remunerations, charges incurred for commission of Remunerations payment procedure (hereinafter, “Payment Commission Fees”), and service charges (collectively, “Remunerations etc.”) to Recruit.
3. Client shall pay the Remunerations etc. to Recruit immediately via method(s) separately specified by Recruit promptly after claim rights of the Remunerations incurred to Assignee based on the Consignment Agreement have been established.
4. After it has been created, Client shall issue its copy of the Consignment Agreement form promptly to Recruit in order for Recruit to handle the payment procedure of Remunerations etc. on behalf of Client.
5. Client shall be responsible for transfer fees of Remunerations etc., and Assignee shall be responsible for transfer fees incurred when Recruit makes a deposit of Remunerations to Assignee.
6. Remunerations shall not be directly given and received between Client and Assignee. Also, regardless of whether Remunerations are directly given or received between Client and Assignee, Client shall be obliged to deposit the Remunerations to Recruit.
Article 8 (Expense Allocation)
Article 9 (Confidentiality of Confidential Information & Personal Information)
1. Recruit shall disclose the Client’s Confidential Information only to its officers and employees necessary for conducting our Service, and Recruit shall not use disclose or leak such information to any third party or use the information for purposes other than conducting our Service without prior written permission of Client.
2. In case of request by Client, Recruit shall immediately dispose of all of Confidential Information with due consideration for information leakage.
3. Recruit may entrust all or part of handling Client’s Confidential Information to Assignee to the extent necessary for business. However, in that case, Recruit shall burden the corresponding Assignee with the equivalent obligation as Recruit’s obligation as stated in this article.
4. Upon reviewing whether to implement our Service or using our Service, Client shall only use the Confidential Information and Personal Information for purposes of reviewing whether to implement or use our Service, and Client shall not use the information for other purposes (whether business purposes or not.)
5. Client shall appropriately and strictly handle the Personal Information and Confidential Information of Assignee as confidential and shall not disclose or leak the information to any third party unless given consent by Assignee.
6. As for usage of management of Personal Information and Confidential Information of Assignee by Client, in case of litigation or complaints filed by customers or any other third party to Recruit, Client shall resolve the complaints and litigation at Client’s expense and Client shall assume full responsibility, and Recruit shall be exempt from all liability.
7. Client shall not disclose or leak Recruit’s Confidential Information and information of Recruit that shall not be disclosed to the public (including, but not limited to, information regarding our Service, structure, know-how, and program sources) gained through reviewing whether to implement or use our Service to any third party or use said information for themselves.
8. In case of request by Recruit, Client shall immediately return all Confidential Information and Personal Information to Recruit or dispose of them with due consideration for information leakage.
9. Disclosing Confidential Information of any counterparty which Recruit was lawfully ordered to disclose by any country or other governmental authority shall be exempt from confidentiality obligations. However, any party petitioned for this order shall promptly notify the fact of receiving the order to counterparty and endeavor to ensure the confidentiality of Confidential Information as much as possible.
Article 10 (Prohibited Matters)
Upon using our Service, Client shall not perform any of the following acts, or any actions with the risk of resulting in the following.
(1) Acts that will or may constitute criminal activities
(2) Acts that violate rights such as copyrights, trademarks, other intellectual properties, privacy rights, and the reputations of Recruit’s or any third parties’
(3) Acts that discriminate or slander Recruit or any third party
(4) Acts to use our Service for purposes other than what our Service is planned for
(5) Acts that hinder the operation of our Service such as unauthorized access to the system designed to provide our Service
(6) Acts to reproduce, duplicate, reprint, transfer, accumulate, sell, publish, or any other actions to use all or part of the contents beyond the scope of private use without Recruit’s permission
(7) Acts that damage the trust of Recruit or any third party
(8) Acts to impersonate other person(s) and use our Service
(10) Acts to use our Service for any method other than those approved by Recruit
(11) Nuisance to Recruit or any third party
(12) Any other acts that Recruit deems inappropriate
Article 11 (Compensation for Damages)
Article 12 (Disclaimer of Recruit)
1. Recruit shall not guarantee the accuracy, recentness, completeness, usefulness, or any other matter concerning our Service and information provided through our Service.
2. Even in the case that Client’s device(s) is not suitable for using our Service, Recruit shall not be obliged to offer compatibility support for using our Service, including changing or modifying our Service.
3. Upon using our Service, Client shall agree in advance that all or part of our Service may not be able to be used due to communication environment and other circumstances.
4. Recruit shall not guarantee that emails sent regarding our Service and/or our Web contents do not include harmful programs such as computer viruses.
6. As a principle, Recruit shall not be liable for any damages incurred to Client arising from using our Service in addition to every matter listed above.
7. In case of compensating for damages incurred to Client arising from financial default or any illegal act caused by Recruit’s negligence (excluding gross negligence), Recruit shall compensate with the upper limit of our Service usage fees or other fees that were paid or should be paid by Client regarding the incurred losses.
Article 13 (Change, Suspension, or Abolition of Our Service)
1. In case of situations prescribed as follows, Recruit may suspend all or part of our Service without prior notice to users, and Recruit shall not be liable for compensation—in case of compensation incurred from such suspension—to users or any third party.
(1) In case of regular or urgent maintenance or inspection of the system that provides our Service (including cases of changing specifications for providing our Service to any third party).
(2) In case of encountering difficulties or disabling our Service due to an emergency such as a fire, power outage, and/or natural disaster.
(3) In case of encountering difficulties disabling our Service due to war, civil war, riot, disruption, or labor dispute.
(4) In case of encountering difficulties or disabling our Service due to system malfunction, unauthorized access by third party, computer viruses, or similar circumstances.
(5) In case of encountering difficulties or disabling our Service due to measures based on relevant laws.
(6) In case of encountering difficulties or disabling our Service due to suspension or termination of third-party service provider (including, but not limited to, suspension due to maintenance, change in specifications, and remedy of defects).
(7) Any other situation beyond Recruit’s reasonable control
2. Recruit may revise, add, change, or abolish all or part of our Service without prior notice to users, and Recruit shall not be liable for compensation—in case of compensation incurred by any of these actions—to users or third party.
Article 14 (Adjustment to the Articles)
Article 15 (Eliminating Antisocial Forces)
1. Client shall assert that it is not currently an organized crime group, member of an organized crime group, an entity for which fewer than 5 years have passed since last a member of an organized crime group, associate member of crime group, corporate entity related to any organized crime group, corporate extortionist, political racketeering organization, organized crime syndicate, or any other equivalent group and they do not fall under any of the following categories and pledge that they also will not be involved with any of the following categories in the future.
(1) Parties associated with antisocial forces, such as member of organized crime group, are included in the management
(2) Parties associated with antisocial forces, such as member of organized crime group, are substantively involved in management
(3) Parties associated with antisocial forces, such as member of organized crime group, are misused for purposes of acquiring wrongful gain for himself/herself or a third party and/or inflicting damages to any third party
(4) Parties associated with antisocial forces, such as member of organized crime group, provide or receive from Client funds, other supplies, or benefits
(5) Directors or persons substantively involved in management have socially reprehensible relationship(s) with antisocial forces, such as members of organized crime groups
2. Client shall assert that they do not conduct any action that falls under any of the following categories through themselves or any third party.
(1) Demand with violence
(2) Unreasonable demand beyond legal entitlement
(3) Use of intimidating words or actions regarding a transaction
(4) Damage the credit or obstruct the business of another party by spreading false rumors or by the abuse of power
(5) Any other equivalent actions to the above
Article 17 (Non-Transferable Rights & Obligations)
Article 18 (Applicable Laws & Court of Jurisdiction)
2. The Tokyo District Court shall be the exclusive consensus court of jurisdiction for the first trial in response to litigation arising between Client and Recruit.
Created and Effective as of February 17, 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.