Article 1 – Information about Spotted Staffing services
“Spotted Staffing” (hereinafter referred to as “Services”) is the collective terms for the following services provided by SPOTTED, Inc. (hereinafter referred to as the Company) including registration to the Company’s online service RepoTenshoku (http://www.repotenshoku.com/).
a) Services introducing job offers: Company chooses among from the job offers data held by itself and thinks compatible with users (job seekers) in consideration of users’ career history, skills, and aptitude, as well as orientation for the future, and delivering E-mails and other services related to introducing job offers.
b) Services which enables users (job seekers) to browse the job offers: job offers displayed on the employment websites (including internet website and cell phone website) operated by the Company (hereinafter referred to as Sites) and to apply for such job offers, and delivering E-mails services and other services related to providing job offer information.
c) RepoTenshoku: recruitment management tool with job posting, scouting service, and candidate hiring management, among other features, for SPOTTED Inc.’s clients to directly contact job seekers about job offers, enables users (job seekers) to browse jobs and receive scout emails directly from SPOTTED Inc.’s clients.
The Company may suspend or refrain from providing the Services specified in item (1) of the preceding paragraph depending on occasion or users aptitude; for example, when the Company considers that no job offer would be compatible with the users aptitude or it is difficult to provide users the Services.
If the Company determines that it is inappropriate to provide the Services to the Users, the Company may refuse the usage of the Services.
Article 2 – Document submissions
Users shall upon request of the Company, submit the following documents:
(1) Personal identification documents to determine and verify the name and address of the user
(2) Alien registration certification or work permit to establish the residence status
(3) Other certifications required by the Company or the employer corporation
Article 3 – User responsibilities
Document submissions of users to the Company and employer corporations must be correct without deficiency and inconsistency in the personal information provided. Users are liable to resolve at their own responsibility any dispute that arises with an employer corporation or any other third party as a consequence of information, including inaccurate personal information, which users have submitted to the Company or an employer corporation, and shall not cause any inconvenience to the Company in relation to such dispute.
The Company will intermediate between employer corporations and users in communicating work conditions and other agreement provisions in accordance with a desire of users. Nonetheless, users shall agree to enter into final agreements at their own responsibility after direct verification of work conditions and other agreement provisions with the employer corporation, and shall agree that working conditions communicated by the Company constitute no guarantee of the final contractual particulars.
Users introduced to an employer corporation through the Services shall give advance notice to the Company if they apply for or enter such employer corporation without using the Services.
Article 4 – Copyrights
The Company holds the ownership, intellectual property rights and all other rights etc. in relation to any material appeared on our online and offline platforms. Users shall not utilize such material to the purpose outside private use unless otherwise permitted by the Company.
Article 5 – Trademarks
The Company or the third party proprietor holds the trademark rights in relation to any trademarks or logos appeared on our platforms. Such trademarks or logos are protected by the Trademark Act, the Unfair Competition Prevention Act or other applicable laws and regulations. Users shall obtain prior permission of the Company to utilize such trademarks or logos.
Article 6 – Prohibitions
In using the Service, users are not permitted to:
(1) Provide false or inaccurate information
(2) Slander, defame, threaten or potentially slander, defame, threaten any individuals and groups
(3) Infringe or potentially infringe rights of others including copyrights, trademark rights, and other intellectual property rights
(4) Use information obtained through the Services for purposes other than personal use by any manner, including, but not limited to, reproduction, sale, or print, or disclose or provide such information to a third party
(5) Demand money or other interest, or cause any loss or damages to the Company or any third party by using information obtained through the Services
(6) Hinder the smooth operations of the Services, or damage the standing or reputation of the Company or an employer corporation, or act in a manner capable of causing any thereof.
(7) Engage in criminal acts, or acts against public order and morals including violation of laws and rules, or act in a manner able to constitute any thereof.
(8) Acts of affiliation with an organized crime syndicate, grant benefits to organized crime, maintain improper relations with organized crime including the usage of organized crime, or act in a manner able to constitute any thereof.
Article 7 – Suspension and discontinuation of services
If the Company judges that an event corresponding to any of the matters listed in the following Items has occurred, the Company may, without advance notice to users, change the content or suspend the Services for the period necessary for ensuring normal provision of the Services.
(1) In case of scheduled maintenance or inspection, updates, or emergency requirements related to infrastructure and systems (hereinafter collectively referred to as “Systems”), for the provision of the Services
(2) In case of a sudden failure of the Systems
(3) In cases where the provision of the Services is rendered impracticable by other unforeseeable conditions
If the Company judges that with respect to a user an event corresponding to any of the matters listed in the following Items has occurred, the Company may terminate the provision of the Services to that user without any notice.
(2) The Company has judged that the relationship of trust between the Company and the user is not able to be maintained.
In addition to the provisions of the preceding paragraphs, the Company may suspend or discontinue the provision of the Services without any notice to users when the Company judges it necessary.
Article 8 – Referral of job offers
Even when the Company has received a user’s request for the Company to make an employment application with an employer corporation, the Company is not obliged to recommend such user to the employer corporation as a candidate and may advise such user that selection criteria set out by the employer corporation is not compatible with them after considering compatibility between such user and the job offer based on selection criteria. In such case, the selection criteria and the reasons of the Company’s judgment will not be disclosed to the user.
Article 9 – Responsibilities of the Company
The Company shall not be liable for any loss or compensation for moral harm incurred to users resulting from the application for the Services or the usage of the Services.
The Company shall not be liable for any loss incurred to users resulting from the situation that the provision of the Services is obstructed or rendered impracticable due to computer virus interference which to prevent is not reasonably possible through the virus countermeasures that are conventionally to be employed with respect to information processing operations, or other events beyond the control of the Company such as instances of force majeure including the outbreak of fire, electric power failure, or natural disaster.
The Company offers no guarantees concerning the accuracy of information relating to third-parties information such as corporate information etc., information included in business-enterprise advertisements or job advertisements, or other information supplied by third parties.
The Company offers no guarantees to the effect that the platforms are free of error and other defective code, that servers are free of computer viruses and other harmful factors, and that other infrastructure and systems, for the provision of the Services are free of defects.
The Company has no obligation of any kind to respond to inquiries, related to matters that constitute business secrets of the Company including the method of calculation of income amounts for the assessment of annual income, or to provide any other kind of response.
The Company offers no guarantee that users will be able to change their job successfully through the use of the Services.
Article 10 – Handling of personal information
The Company appropriately collects, uses, controls, and stores, or provides to third parties, the personal information of users in accordance with the Regulations concerning the Use of Personal Information for the Services stipulated by the Company separately hereof. Personal information means information about individual users that includes data such as users’ name, date of birth, and other information as well as materials (e.g., videos, photographs, voice recordings) that enable identifying specific individuals, or data that although unable by themselves to identify specific individuals can without difficulty be combined with other information in order to enable such identification.
The Company will as a rule not collect any of the information stipulated in the following Clauses (“Private Information”). Except, however, if users voluntarily provide Private Information to the Company, such users will be deemed to provide their consent to the Company’s collection of such Private Information and to the Company’s provisions of such Private Information to any third parties within the scope necessary for appropriate employment referrals and for the provision of job offer information by the Company to users.
(1) Information concerning thoughts, beliefs, or religion
(2) Information on race, ethnicity, family origin, legal domicile (except for prefecture-level information), physical or mental disabilities, criminal record, and such other information that may give rise to social discrimination
(3) Information concerning workers right to organize, collective bargaining, and other organized action
(4) Information on participation in demonstrations, exercise of the right of petition, and exercise of other political rights
(5) Information on health, medical matters, or sex life
Article 11 – Liability exemptions concerning the provision of personal information to third parties
With respect to the cases listed in the following Clauses, the Company incurs no liability of any kind in relation to personal information acquired by third parties.
(1) If personal information is disclosed or provided to specific employer corporations by the user through the use of the Services
(2) If the user is identified incidentally based on information such as the user’s status of activity, entered by the user through the Services
(3) If personal information is used that was provided by the user to an external site linked to from the site of the Services
(4) If due to circumstances outside the responsibility of the Company persons other than the user obtain the ID and password details issued and assigned to the user by the Company
The Company is not liable in any way for disputes between users and employer corporations in connection with the provision of information.
Article 12 – Indemnification
Article 13 – Consultative matters
Article 14 – Jurisdiction
Article 15 – Contact for inquiries