PERSOL Global Workforce CO., LTD. Employment Agency Service Terms & Conditions

(for jobseekers)

These terms and conditions set forth herein (these “Terms”) constitute the agreement to use Employment Agency Service(as defined in Article 1) and related services (collectively, the “Services”) provided by PERSOL Global Workforce CO., LTD. (“PERSOL”) between users of the Services (the “User“). If you wish to register for and use the Services, you must agree to these Terms before registering. (This agreement is referred to as the “Service Agreement” between you and PERSOL as a result of your acceptance of these Terms.)

1. The Services
1.1. The Services provided by PERSOL are the following:
(1) Employment Agency Service which PERSOL selects and introduces job opportunities that are deemed to suitable for the User from PERSOL’s database (including job postings), considering the User’s career, skills, aptitude, and future aspirations; and
(2) Other related services which includes Career Counseling Service (as defined in Article 4) and providing information on job postings and job searching by e-mail.
1.2. The User shall use the Services in accordance with these Terms and any other conditions individually specified by PERSOL.
1.3. In the case that PERSOL determines to be inappropriate to provide the Services to the User, PERSOL, in its sole discretion, may refuse to accept the User’s application for the Services.

2. Registration
A registration applicant who wishes to use the Services (the “Registration Applicant”) must agree to these Terms and the PERSOL’s Privacy Policy” (the “Privacy Policy”). The Registration Applicant shall provide true, accurate, current, and complete personal information (the “User’s Registration Information”) to PERSOL along with the process that PERSOL demands. And the registration will be completed with the approval of PERSOL.

3. Employment Agency Services
3.1. Even if PERSOL receives a request from the User to apply for a certain job offer, after considering the selection criteria indicated by the companies who have entrusted to PERSOL (the “Recruiting Company”) and evaluating the degree of conformance to that job offer, PERSOL may, in its sole discretion, decide not to recommend the User for that job offer and/or may notify that the User does not conform the selection criteria of the Recruiting Company. The User acknowledges and agrees that PERSOL may not be able to provide you with the selection criteria and/or the reasons of PERSOL’s evaluation.
3.2. Upon the User’s request, PERSOL will contact the Recruiting Company on behalf of the User, and provide the User with the employment conditions or any details of the agreement (the “Conditions of Employment”) with the Recruiting Company. It is the sole responsibility of the User to confirm directly the Conditions of Employment with the Recruiting Company before concluding an employment agreement with the Recruiting Company (the “Employment Agreement”). The User acknowledges and agrees that PERSOL shall provide no warranty with respect to the Conditions of Employment provided by PERSOL may not be identical to the details of the Employment Agreement.
3.3. The User shall provide prior notice to PERSOL if the User directly apply for the job offer(the “Introduced Job Offer”) of the company introduced by PERSOL as Employment Agency Service according to these Terms (the “Introduced Company”)and/or join the Introduced Company.

4. Career Counseling Service
4.1. Career Counseling Service is a service in which professional career consultants (the “Career Adviser”) provide counseling to the User on its job-change.
4.2. In the case that PERSOL determines to be difficult to provide Career Counseling Service(including but not limited to (a)If the User do not apply for the Introduced Job Offer for a certain period of time; and/or (b)if PERSOL cannot contact the User in any way), PERSOL, in its sole discretion, without any notification to the User, may terminate all or part of the provision of Career Counseling Service.
4.3. After the termination of Career Counseling Service, the Career Adviser will no longer be in charge of the User. And, PERSOL will not respond to any inquiries from the User regarding the availability of job opportunities. However, when the job opportunities which PERSOL consider that it matches the User’s aptitude arises, PERSOL may provide such information to the User.

5. Partnership with the Partner Agent
5.1.In the case that the User wishes to register with another domestic employment agency with which PERSOL has a business partnership(the “Partner Agent”), PERSOL will provide the User’s Registration Information with the Partner Agent with the User’s prior consent, on behalf of the User. The User shall enter into a partnership agreement with such Partner Agent (This is an agreement for employment agency service between the User and Partner Agent, regardless of the name) (the “Partner Agent Agreement”).
5.2.When the User shall enter into the Partner Agent Agreement, such Agreement shall remain in effect and full force until such Agreement is terminated in a manner specified on such Agreement.
5.3.The User acknowledges and agrees that the Partner Agent to whom PERSOL has provided the User’s Registration Information will provide PERSOL with information(including but not limited to the progress of the User’s selection process, the fact that the User has got an official job offer, the company to join, the hire date of joining such company , the expected annual salary, and other related information), and that PERSOL will use such information for the purpose of smoothly operating the Services(including but not limited to billing compensation to the Partner Agent).

6. Submission of documents
The User shall promptly submit the following documents to PERSOL when requested by PERSOL.
(1) The User’s identity verification documents to identify and confirm the User’s name, address, etc.;
(2) The User’s residence card or the User’s work qualification certificate; and
(3) Other related documents required by PERSOL or the Recruiting Company.

7. Responsibility of the User
7.1. The User acknowledges and agrees that the User shall agree to these Terms and use the Services based at its own responsibility and shall be solely responsible for the use of the Services.
7.2. The User shall provide accurate the User’s Registration Information to PERSOL, the Recruiting Companies and the Partner Agents. In the event that any disputes arise between the User and PERSOL, the Recruiting Companies, the Partner Agents, or any third party due to the User’s Registration Information, the User shall settle such disputes at their own responsibility and expense and shall indemnify and hold PERSOL harmless against such disputes.

8. Copyright, etc.
8.1. All material and job postings(texts, graphics, user interfaces, images, videos, trademarks, logos, etc.) provided by PERSOL (collectively the “Works.”) of intellectual property rights (including but not limited to copyrights (including rights under Article 27 and Article 28 of the Copyright Act)are belongs to PERSOL or other third parties who provided the Works to PERSOL (the “Third Parties”).
8.2. The User may not reproduce or reprint all or part of the Works without any prior consent of PERSOL and/or the Third Parties.

9. Prohibitions
The User is prohibited from the following:
(1) Provision of false or inaccurate information;
(2) Acts that slander, defame, threaten or may slander, defame, or threaten to individuals or groups;
(3) Infringement of any propriety rights of others (including but not limited to copyrights, trademark rights, and any other intellectual property rights) or may infringe such rights;
(4) Using the information obtained through the Services beyond the purpose of private use, disclosing or leakage of it to any third party, by any means (including but not limited to be reproduced, sold, published, etc.);
(5) Using the information obtained through the Services to demand money, etc. from PERSOL or any third party, or to cause them disadvantage or damages;
(6) Acts that interferes with the smooth operation of the Services, or any action that defames or may defame PERSOL or the Recruiting Company;
(7) Failure to attend interviews and screening tests without prior notice without a legitimate reason;
(8) Acts that obstructs or may obstruct of the business as a result of repeatedly applying for the same Recruiting Company;
(9) Acts of violations of any law or ordinance, public order, or morality or acts that have the potential to do so; and
(10) Acts of belonging to an organization related to antisocial forces, acts of having an inappropriate relationship with antisocial forces, such as giving benefits to or using them, or acts that have the potential to do so.

10. Termination of the Service Agreement at the request of the User
The User may terminate the Service Agreement with respect to the Services at any time in a manner prescribed by PERSOL, except for the following cases.
(1) In the case that the User requests the termination of the Service Agreement before the hire date of joining the company after the User’s decision of the company to be joined through the Services.
(2) In the case that PERSOL determines to be doubtful whether the User comply with these Terms.

11 Suspension, Termination of the Services
11.1. PERSOL may change all or part of the Services or suspend the provision of the Services for the period necessary for the normal provision of the Service without any prior notice to the User
(1) When there is a need for periodic, inspection, updating, or emergency maintenance of the infrastructure and systems for provisioning of the Services (collectively, the “Systems”);
(2) When there is a sudden failure of the Systems; and
(3) When there are otherwise, unforeseen circumstances it is difficult to provide the Services.
11.2. PERSOL may terminate all or part of the provision of the Services without any prior notice to the User in case of the occurrence of any of the following:
(1) When the User violates any of the provisions of these Terms; and
(2) When PERSOL determines that it is unable to maintain a relationship of trust between PERSOL and the User.
11.3. In addition to the cases listed in each of the preceding paragraphs, PERSOL may suspend or terminate all or part of the provision of the Services, if PERSOL deems it necessary, by notifying the User at least two weeks in advance to the email address registered by the User. However, if PERSOL deems it appropriate to suspend or terminate all or part of the provision of the Services without any prior notice, PERSOL may suspend or terminate the provision of the Service without prior any notice to the User. In this case, PERSOL shall notify the User after the suspension or termination of the Services.

12. Liability of PERSOL
12.1. PERSOL shall be liable for any and all psychological or property damages to the User as a result of the User’s application for or use of the Services, to the extent specified below.
(a)The scope of liability in damages shall be limited to general damages directly and actually caused by the negligence of PERSOL, and shall not be liable for any other damages.
(b)However, (a) shall not apply if the damages are caused by PERSOL’s non-performance of its obligations due to its willfulness or gross negligence.
12.2. PERSOL shall not be liable for any damages to the User due to viruses that cannot be prevented by reasonable virus countermeasures normally taken in the course of information handling operations, or any other force majeure such as fire, power outage, or natural disaster , not attributable to PERSOL which interferes with the provision of the Services or makes it difficult to provide the Services.
12.3. PERSOL shall provide no warranty that there are no defects (including but not limited to the servers of the Systems and/or the Systems themselves do not contain any viruses or other harmful elements).
12.4. PERSOL shall not be liable to respond to any questioners that belong to PERSOL’s trade secret (including but not limited to the logic used in the Services).
12.5. PERSOL shall provide no warranty that the User will success in career change upon the use of the Services.

13 . Handle of the User’s Personal Information
13.1. PERSOL will properly handle the personal information of the User (including the User’s Registration Information, collectively the “User’s Personal Information”) according to the Privacy Policy and these Terms. PERSOL will strictly manage the User’s Personal Information.
13.2. PERSOL will acquire the User’s Personal Information for the following purposes:
(1) Registration of the Services;
(2) Providing the Services;
(3) Partnership with the Partner Agent and administrative procedures such as requesting compensation; and
(4) Any other purposes that PERSOL decides to be necessary to facilitate the smooth use of the Services.
13.3. PERSOL will acquire the following User’s Personal Information for the following purposes when PERSOL decides to be necessary to provide the Services to the User. The User acknowledges and agrees this before using the Services.
(1) Religion: To request the Recruiting Company to take care of food, clothing, worship, etc.
(2) Presence of tattoos: To select suitable job offers for the User. However, PERSOL will not select job offers against the User’s will.
(3) Criminal record: To confirm that there are no possibilities of revocation of visa status.
13.4 PERSOL will acquire the following User’s Personal Information when the User provides it to PERSOL on its own will. In this case, the User who has provided this information to PERSOL shall be deemed to have given consent to PERSOL to acquire this information.
(1) Height
(2) Weight
(3) Blood type
(4) Any other information on physical characteristics
13.5. PERSOL shall not obtain any User’s sensitive information which contains any of the following information except for information set forth in 13.3 and 13.4 (“Sensitive Information”). However, when the User provides Sensitive Information to PERSOL on its own will, it shall be deemed that the User has consented to PERSOL acquiring such Sensitive Information and providing such Sensitive Information to the Recruiting Companies and the Partner Agents to the extent necessary for PERSOL to provide appropriate Employment Agency Service and job information to the User.
(1) Information relating to personal ideology, beliefs, or religion;
(2) Information relating to race, ethnicity, family origin, legal domicile (except for information on the prefecture where the User located), physical or mental disability, criminal history, and other matters that may cause social discrimination;
(3) Information relating to workers’ rights of association, collective bargaining, and other collective actions;
(4) Information relating to participation in mass demonstrations, exercise of the right to petition, and other matters concerning the exercise of political rights; and
(5) Information relating to health, medical care, or sexual life.

13.6. PERSOL will provide the User’s Personal Information to third parties on behalf of the User itself according to the instructions of the User in the following services among the Services.

Situation to be provided Information to be provided Recipient Purpose of provision
Employment Agency Service Information registered and submitted by the User, such as name, address, contact information, resume, and work history, that is necessary for the recruiting company to make selection. Recruiting Companies for which the User has applied. To provide Employment Agency Service
Same as above Information on religion and matters that require consideration for employment However, these information will only be provided when PERSOL decides to be necessary. Same as above To request to the Recruiting Company for consideration of meals, dress, worship, etc.
Partnership with the Partner Agent Information registered and submitted by the User The Partner Agents To collaborate with the Partner Agents.
Same as above (1) Information on religion and matters that require consideration for employment
(2) Presence or of tattoos
(3) Criminal history
However, these information will only be provided when the User specifically requests.
Same as above To be used by Partner Agent for the following purposes:
(1) To request to the Recruiting Company for consideration of meals, clothing, worship, etc. at the place of employment.
(2) To select job offers that are suitable for the User. However, PERSOL will not select job offers against the User’s will.
(3) To confirm there are no possibilities of expiration of status of residence.

14. Disclaimer regarding provision of the User’s Personal Information to Third Parties
14.1. PERSOL shall not be liable for the following cases with respect to the provision of the User’s Personal Information to third parties:
(1) When the User discloses or provides the User’s Personal Information of itself to the specific Recruiting Company, etc. through the Services.
(2) When the User is accidentally identified by the User’s Personal information provided by the User itself under using the Services, such as the User’s activity status.
(3) When the User provides the User’s Personal Information of itself on an third-party website that link to the Services and be used such User’s Personal Information.
14.2. PERSOL will not be liable for any disputes related to the User’s Personal Information exchanging between the User and the Recruiting Companies or the Partner Agents, except in cases where the PERSOL’s non-performance of its obligations due to its willfulness or negligence.

15. Handling of Statistical Data, Attribute Information, etc.
Whether before or after the User’s registration or deletion, PERSOL may create and use statistical data and attribute information, etc. regarding the User’s Personal information registered on the Services, the history of use of the Services, etc. (including but not limited to the application history, the User and the Recruiting Company, the process and manner of job change activities through the Services, and the status of success or failure) without any restrictions, and the User acknowledges and agrees this in advance. Such use by PERSOL includes the use for various proposals and reports to the Recruiting Company and the Partner Agent, market research, machine learning, and the examination, development, and improvement of PERSOL’s various services.

16. Changes of the Terms
16.1. PERSOL may change these Terms in the following cases:
(1) When it is necessary to make changes in accordance with revisions to laws and regulations;
(2) When changes are necessary due to changes in the specifications of the Services; and
(3) In other cases where changes are reasonably necessary to provide the Services.

16.2. In the event that PERSOL changes these Terms, PERSOL will send the revised Terms to the email address registered by the User two weeks prior to the change, and if the User uses the Services after the effective date of the revised Terms, the User will be deemed to have agreed to the revised Terms.
16.3. If the User does not agree to the revised Terms, such User shall stop using the Services immediately and cancel its registration as soon as possible.

17. Data Retention Period
17.1. PERSOL may delete any information stored on PERSOL’s servers with respect to exchanging information between PERSOL and the Recruiting Company, as well as the User’s Personal Information, when PERSOL determines that enough time for the Services has passed. Once the User’s Personal information is deleted, it cannot be restored.
17.2. Pursuant to 17.1, the User shall take all necessary measures to prevent disadvantage or damages to itself at its own risk and expense.

18. Liability
When the User violates these Terms or causes losses or damages to PERSOL, the Recruiting Company, Partner Agent, or a third party, the User shall be liable for all the loss or damage, whether direct or indirect.

19. Matters to be discussed
When any question arises regarding the interpretation of these Terms, or any matter not stipulated herein, PERSOL and the User shall be settled in good faith to resolve the matter.

20. Governing Law and Jurisdictional Court
These Terms and Conditions will be governed by the laws of Japan. Any conflicts between the User and PERSOL that arise from or in connection with the Services and these Terms shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

21. Language
This Agreement and Privacy Policy are made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.

22. Contact for Inquiries
If you have any inquiries regarding these Terms, please contact below:

Inquiries about the Services

PERSOL Global Workforce CO., LTD.
PGW-info@persol.co.jp
Posted: August 11, 2021

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