Article 1 General provisions
- The purpose of these terms is to define the contractual relationship between the Company and the members whose registration is approved by the Company in accordance with the provisions of Article 2 regarding the “e-gaikokujin Recruiting” survey and recruitment project (hereinafter referred to as the “Project”) conducted by ASMARQ Co., Ltd. (hereinafter referred to as the “Company”).
- The Project shall be conducted by setting up a page for questionnaire survey on the website (hereinafter referred to as the “Website”) operated by the Company or by directly sending the questionnaire response request emails to the members so that the members respond to such questionnaire in order for the Company to conduct recruitment for the questionnaire survey for the customers of the Company and the marketing survey conducted by the customers.
- The Company may revise these terms without any advance notice to the members.
Article 2 Members
- “Members” refer to the persons who have satisfied the following conditions, agreed to these terms, completed the joining procedures, and whose registration is approved by the Company. Registration by a proxy and registration (duplicate registration) by the same individual shall not be allowed under any circumstances.
(1) Persons whose nationality is other than Japan
(2) Persons having an address in Japan or persons residing in Japan
(3) Persons who are 18 and above at the time of monitor registration
- Even if a person has completed the joining procedures set forth in the preceding paragraph, when the Company has determined that it is inappropriate to approve such person as a Member, the Company may not approve the registration, and the Company may cancel the approval even if it is after the grant of the approval.
- Members shall not be allowed to assign or loan their rights as a member to a third party, or share the same with a third party.
Article 3 Management of member ID and password
- Members shall manage the member ID (email address) and password (hereinafter referred to as the “Member ID etc.”) at their own responsibility, and they shall ensure that the Member ID etc. are not used by other persons.
- Members shall not commit acts such as transfer, loan, name change, sale and purchase, and the like of Member ID etc. under any circumstances.
- The Company shall not assume any responsibility whatsoever regarding any error or mistake caused in using the Member ID etc. and any damage caused after the use by a third party.
- When the Members have caused any damage to the Company or a third party because of using or letting a third party use the Member ID etc. in an unauthorized manner, the Members shall assume the entire responsibility for this and the Members shall compensate for the damage caused to the Company or the third party.
Article 4 Registration Information
- Information declared by the Members at the time of member registration (hereinafter referred to as the “Registration Information”) shall be owned and managed by the Company.
- The Company shall handle the Registration Information under rigorous management, and in the Registration Information, with regard to handling the personal information (refers to the personal information set forth in Article 2.1 of the Act on the Protection of Personal Information. Hereinafter referred to as the “Personal Information”.), the Company shall follow “Handling of Personal Information” stipulated separately.
- The Members shall not make a false declaration in relation to any item in the Registration Information.
- When considered necessary, the Company may check the contents of the Registration Information with the Members by email or other methods.
- In the event of any changes in the email address, prefecture and city of residence, or other Registration Information, the Member shall promptly perform the change procedures stipulated by the Company. In addition, after the member registration, in relation to the update procedure of the Registration Information that is periodically performed by the Company, the Members shall perform the update procedure within the stipulated period.
Article 5 Remuneration for participating in survey
- As the remuneration for responding to the survey, the Company shall offer reward or prize separately decided by the Company to all respondents or some of the respondents (selected by lottery). Notwithstanding, no remuneration shall be paid when a free survey is conducted after obtaining the consent of the monitor member. No remuneration shall be paid for monitor member registration.
- Type of remuneration, method of providing and period of providing such remuneration as set forth in this article shall be decided by the Company for each survey, and it shall be notified by the method considered appropriate by the Company by sending a notification to the Members from the Company or by publishing on the website of the Company etc. before conducting such survey.
- Notwithstanding the provisions of the preceding two paragraphs, in the event the Company determines that the response is dishonest/inappropriate answer or the response is contrary to public order and morals, the Company may not offer remuneration for the survey or cancel the remuneration that has already been provided.
Article 6 Obligations of Members
- Regardless of whether the Members responded to the questionnaire or not where the Members were asked to respond to such questionnaire, the Members shall have nondisclosure obligations regarding the information obtained through such questionnaire.
- Nondisclosure obligations set forth in the preceding paragraph shall include the obligation of not disclosing or providing to a third party the contents of response to the questionnaire, obligation of not disclosing and providing to third parties by any means and methods the contents of questions in the questionnaire, all other information obtained through the questionnaire, and text data, image data, and all other data used in the HTML file of questionnaire, and the obligation of not using or copying the same for any purpose other than responding to the questionnaire.
- When the Company or a third party has suffered any damage because of breach of nondisclosure obligations by willful intentions or negligence of the Members, the Members shall have complete responsibility for this, and the Members shall make compensation for the damage suffered by the Company and the third party.
- With regard to the test items sent to the residence of the monitor member for using in the surveys, when the test items are not returned by the due date regardless of the fact that the monitor member agreed in advance to return such test items after the completion of survey, because of which the Company or a third party has suffered damage, the Member shall assume complete responsibility for this and compensate for the damage suffered by the Company or a third party.
- Nondisclosure obligations set forth in this article and the obligations regarding returning of the test items shall continue to survive even after the member qualification ceases to exist.
Article 7 Matters prohibited for the Members
The Members shall not commit the acts that fall under or that are likely to fall under the following clauses.
(1)Acts violating laws and regulations
(2)Actions determined to be contrary to public order and morals, or having adverse effect on minors
(3)Promotion of criminal acts, or hints for conducting such criminal acts
(4)Antisocial activities, and acts related to the same
(5)Act of making false registration or posts
(6)Act of posting the personal information of other Members or a third party on the Website
(7)Act of violating the intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility model rights, trademark rights, and know-how) of the Company, other Members or a third party
(8)Act of abusing and disparaging the Company, other Members or a third party
(9)Acts that infringe upon the property, trust, reputation, privacy, and other rights of the Company, other Members, or third parties
(10)Act of causing disadvantage or act of causing inconvenience to the Company, other Members, or a third party
(11)Pre-election campaign, election campaign or similar acts, and acts that violate the Public Officers Election Act
(12)Act of solicitation to associations, services, activities and the like that are not related to the Services
(13)Act promoting self or third-party’s sales or other commercial purposes
(14)Acts aimed at missionary activities and the like relating to a specific religion
(15)Acts that adversely affect the system infrastructure of the Services such as spreading computer virus and the like
(16)Acts that are determined to be images, documents, etc. that are obscene, child pornography or child abuse
(17)Act of reprinting and redistributing all information such as emails sent by the Company, or sentences, images (videos, still images, etc.), etc. from the Website without permission
(18)Acts that hinder the operation of the services, or interfere with or damage the Company’s business
(19)Act of reverse engineering, reverse compiling, or reverse assembling the Website
(20)Act of violating the terms etc.
(21)Other acts determined as inappropriate by the Company
Article 8 No use of information outside the purpose
- Copyrights, trademark rights, other intellectual property rights, image rights and publicity rights, and all other rights of information supplied by the Services and other sentences, photographs, designs, logo mark, software, and the like posted on the Services shall remain with the Company or the genuine owner of such rights. For all or part of the contents posted on the Services, regardless of electronic method, mechanical method, or any other method and irrespective of the purpose, without obtaining the prior consent of the Company or a genuine owner of the right, the Members may not transfer, edit, use, copy, transcribe, or transfer them, or violate the rights mentioned above.
- Except when consented by the Company (when there is a third party having rights in relation to such information, including the cases of obtaining the consent of such third party through the Company. Same hereinafter in this article.), for any information obtained through the Services, the Members may not copy, sell, publish, disclosure, or use by any other method beyond the scope of private use as an individual, and the Members shall make other members or third parties commit such acts.
Article 9 Withdrawal
- When withdrawing, the Members shall notify the Company as per the procedure designated by the Company.
- After the Company has completed the withdrawal process of a Member, membership of such Member shall be withdrawn, and personal information shall be deleted from the database. Members shall agree to this in advance.
- After the withdrawal is successful, all information that can identify such individual Member, or through which it is possible to reach the Member, and information pertaining to the privacy of the Member shall be deleted and the Member shall lose all rights of using the Services.
Article 10 Intellectual property rights
- In the event of occurrence of intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility model rights, trademark rights, and know-how) with regard to the contents provided by the Members to the Company during the course of the services provided by the Company through the Services, it shall be considered that all such rights shall naturally belong to the Company or they are assigned to the Company free of cost. In addition, the Members shall not exercise the author’s personal rights with respect the Company or a third party sublicensed by the Company.
- Copyrights in the preceding paragraph shall include the rights set forth in Article 27 and Article 28 of the Copyright Act.
- When the Members have received license from the Company and a third party having copyrights and other intellectual property rights, and except when use or utilization is permitted without the license from the right holder under laws and regulations, the Members shall not copy, edit, alter, post, transcribe, publicly disseminate, distribute, sell, provide, translate, and make other use or utilization of any information obtained through the Services beyond the scope of personal use for the Members as individuals.
- The Company shall not assume any responsibility whatsoever in relation to the damage caused by the actions of a Member in violation of the preceding paragraph. In addition, when a Member has caused any damage to the Company or a third party by these actions, such Member shall assume complete responsibility for this, and compensate the damage suffered by the Company or a third party, and when the Member has earned profits by such actions, the Company shall have the right to invoice the amount equivalent to such profit.
Article 11 Use of information
- The Company may use the information obtained through the Services and the information supplied or entered by the Members who used the Services (such information shall include information concerning evaluation and price of the products and service, and information related to the providers of the products and service, but it shall exclude the information that can identify the individuals.), for analyzing and evaluating the information, for providing information to a third party, and the like.
- The Company may copy, edit, alter, post, transcribe, publicly disseminate, distribute, sell, provide, and translate the information obtained through the Services in Paragraph 1, and information supplied or entered by the Members who used the Services.
Article 12 Means of communication with the Members
- When communicating with the Company, the Members shall communicate by the methods designated by the Company. Telephonic communication and communication by making a visit to the Company are not accepted.
- Communication and notifications from the Company shall be made by positing them on the Website designated by the Company or by sending an email. Notwithstanding, when determined necessary by the Company, the Company may use other means as well. When the Members have suffered any disadvantage or damage because of not entering accurate Registration Information or because of not making change notification, the Company shall not assume any responsibility whatsoever.
Article 13 Deletion of registration
- Irrespective of whether a Member’s consent is obtained or not, when a Member falls under any of the following items, the Company may erase the registration of such Member.
(1)When the Member has used the Member ID etc. in an unauthorized manner
(2)When the Member has used the Services in an unauthorized manner for commercial purposes
(3)When false facts are determined in the Registration Information of the Member
(4)When there is no response from the Member to the communication from the Company
(5)When the Member has committed any act that may threaten the trust and the social position of the Company and the Services
(6)When the Member has used the service and systems of the Company in an unauthorized manner
(7)Other cases where the Member has violated any of the terms
(8)Other cases determined as inappropriate by the Company
- When the Member’s registration is deleted pursuant to Paragraph 1, the Member shall lose all rights it had in relation to the Services.
Article 14 Temporary discontinuation and shutdown of service
- In the following cases, without the Members’ consent, the Company may temporarily discontinue, or shutdown all or part of the Services.
(1)Periodic system maintenance and upgrade of the Services and network etc. related to it
(2)When it is difficult to offer the service because of force majeure events such as fire, power outage, natural disasters and the like
(3)Other cases where the Company has determined that it is difficult to offer the services because of unforeseen circumstances
- Even if the Members have suffered any disadvantage or damage because of temporary discontinuation or shutdown based on Paragraph 1, the Company shall not assume any responsibility whatsoever.
Article 15 Changes and shutdown of the contents of services
- Regardless of whether the consent of the Members is obtained or not, the Company may change or shut down all or part of the contents of the Services.
- Even if the Members have suffered any disadvantage or damage because of changes or shutdown of the contents based on paragraph 1, the Company shall not assume any responsibility whatsoever.
Article 16 Disclaimer
The Members shall use the Services at their own decision and responsibility, after agreeing to the following items.
- With regard to the information supplied or entered by the Members, the Company has the right to investigate, manage, delete, and post such information; however, the Company shall not have any obligation to investigate, manage, delete, and post.
- The Company shall not have any responsibility for the following clauses under no circumstances and with respect to no individual or corporation.
(1)Loss or damage arising from inability to use or as a result of obtaining and using any information supplied by the Services (information concerning products and services, other images and videos, links, and the link.)
(2)Loss or damage arising from an error (irrespective of whether it is due to the Company’s negligence or not.) in any information included in the Services, or from other circumstances
- The Company doesn’t give any guarantee that while using the Services, the Members will not suffer any damage by harmful programs etc. such as computer virus and the like.
- The Company doesn’t give any guarantee the operation of any device or software that the Members use when using the Services.
- The Company shall not assume any burden of communication expenses incurred by the Members when using the Services.
- The Company doesn’t give any guarantee about the accuracy, promptness, illegality, completeness, usefulness, purposefulness, etc. of the information obtained through the use of the Services. In addition, the Company shall not bear any responsibility for damage caused to the Members or third parties by such information, and problems caused between the Members and the third parties etc.
- With regard to the external websites linked from the Website, the Company doesn’t give any guarantee about the accuracy, promptness, illegality, completeness, usefulness, purposefulness, etc. of the contents. In addition, the Company shall not bear any responsibility for damage caused to the Members or third parties by such information, and problems caused between the Members and the third parties etc.
- In the contents provided by the Company through the Services, when a Member has posted and published the personal information of a third party, because of which a Member or a third party has suffered damage or any problem etc. has occurred between a Member and a third party, the Company shall assume any responsibility whatsoever for the same.
- When the Company has incurred expenses in relation to handling any complaint or claim arising from or in relation to the violation of these terms by a Member, or when the Company has paid compensation etc., such Member shall compensate the Company for these expenses and compensation etc. (including the attorney fees paid by the Company).
Article 17 Compensation for damage
When a Member has caused any damage to the Company because of an act that violates the terms etc. and other laws and regulations etc. or an unauthorized or an illegal act, the Company may claim compensation for the damage suffered by the Company against the Member.
Article 18 Governing law and exclusively agreed court of jurisdiction
- These terms shall be governed by the laws of Japan.
- In the event any dispute has occurred between the Company and a Member in relation to these terms, the Tokyo District Court shall be the first exclusively agreed court of jurisdiction.
December 19, 2018 Formulated
Personal Information Management Policy
1.Name of the business operator
ASMARQ Co., Ltd.
4F Shibuya Property Tower, 32-12 Higashi 1-chome, Shibuya-ku, Tokyo 150-0011
2.Personal information protection manager
Manager: Masakazu Naito, Personal Information Protection Manager
Department: Sales Division
3.Purpose of use of personal information
Personal information received from you will be used for the following purpose.
①Extraction of the persons to be surveyed, placing survey request, sending survey form, checking and analyzing the survey results and sharing them with the customers,
and other matters required for conducting marketing research
②Venue survey and checking and reception of participants in round-table conferences
③Visit and coordination by survey personnel in the interview based and onsite visit type surveys
④Payment of rewards to the persons to be surveyed and dispatch of prizes, survey sample items, etc.
⑤Responding to inquiries etc. from the persons to be surveyed, providing support and communicating with them for checking the contents of the registration information
⑥Identity verification concerning the members’ only page for the persons to be surveyed, displaying registration information etc., and performing various procedures
⑦Providing the list of web monitors to the cooperating surveying companies for name segregation of names described in postscript‘Providing personal information to third parties’
⑧Conducting campaigns and prize contests related to the operation of marketing research, dispatch of email magazine, etc.
⑨Matters related to or associated with the aforementioned activities
4．Providing personal information to third parties
1. The Company will never provide personal information to a third party without obtaining the prior consent of the owner of such personal information. Notwithstanding,
this shall exclude the following cases.
①When providing personal information under laws and regulations
②When required for protecting the life, physical body, or property of people, where it is difficult to obtain the consent of the owner of personal information
③In the cases where it is particularly necessary for improving public health or promoting healthy fostering of children,
and where it is difficult to obtain consent of the owner of personal information
④In the cases where it is necessary to cooperate with a national agency or a local public entity or a person entrusted in carrying out the affairs set forth by laws and regulations,
and where there is a risk that obtaining the consent of the owner of personal information may adversely affect the performance of such affairs
2. Regardless of the preceding paragraph, when requesting the persons to be surveyed (Web monitors) for cooperating with the survey, the Company may also ask other survey companies to cooperate
(hereinafter “Cooperating Survey Companies”). In specific terms, Web monitor name list (name, email address, etc.) of the Company is provided to the Cooperating Survey Companies after taking measures against leakage such as encryption,
and after checking duplication of email address etc. in the Web monitor name list in the possession of the Cooperating Survey Companies, the Cooperating Survey Companies send the emails requesting for cooperation to survey
for the survey conducted by the Company to the non-duplicating persons in the web monitor name list in the possession of the Cooperating Survey Companies (hereinafter this act is referred to as “Name Segregation Act”.).
Such Name Segregation Act is beneficial to the target persons in terms of avoiding duplicating emails of the same intent to the same target persons, and the act of the Cooperating Survey Companies doesn’t result
in any new addition of non-duplicating email address etc. in the Company’s Web monitor name list to the Web monitor name list in the possession of the Cooperating Survey Companies. Notwithstanding, in the event of requesting
for suspending the provision to the Survey Cooperating Companies, we will promptly take the suspension measures if you could contact the following.
Contact details: ASMARQ Co., Ltd.
Contact window for inquiries and complaints related to personal information:
5. Outsourcing of personal information
We may outsource the personal information received for smooth performance of business operation. With regard to the outsourcing vendor, the party that satisfies the standards set forth by the Company is selected,
and management and monitoring is done regarding handling of the outsourced personal information.
6. Inquiries regarding personal information
The following contact point of the Company receives requests for counseling and complaints regarding personal information, such as requests for “Notification of purpose of use”, “Disclosure”, “Correction”, “Deletion”,
“Suspension of use”, “Erasure”, “Suspension of provision to third parties”, etc. For the details of the method of requesting the above, please check “Requesting disclosure etc. of personal information subject to disclosure”
Personal information acquired by the Company through the following contact point will be used for responding to the inquiries related to personal information and improving the activities for protecting personal information in future.
[Contact point for inquiries related to personal information]
ASMARQ Co., Ltd. Inquiries and complaints contact window
Email address: firstname.lastname@example.org
7. Optionality of providing personal information
Registration of personal information in implementing the Services is optional and based on the discretion of the registering member. Notwithstanding, please note that unless you enter the respective required items in the Services,
you will not be able to avail the Services.