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Aquent LLC Terms of Use of Our Services

These Terms of Use set out the terms and conditions concerning the provision of Services provided by Aquent LLC and the rights and obligations between Aquent and its Talent. Before using the Services, You must read the entire text of and agree to these Terms.

Article 1 (Definitions)

  1. “Terms” means these Terms of Use.
  2. “Aquent” “We” “Us” means Aquent LCC.
  3. “Services” means services related to face-to-face, telephone, and online consultation, registration, employment support and career consulting, along with introduction of fulltime, temporary and outsourcing jobs based on Clients' requests, provided by Aquent to job seekers in Japan, and websites, campaigns, etc. operated by Aquent. This also means other services related to employment and job/career changes, etc.
  4. “Talent” means a person registered with the Services.
  5. “Client” means a company that wishes Aquent to staff, place on a temporary basis, or outsource Talents.
  6. “Registration Information” means information specified by Aquent which Talent must provide to Aquent when registering for the Services.

Article 2 (Registration）

If You wish to use the Services, You must agree to comply with these Terms, provide Registration Information to Us in a manner specified by Us, and apply to register for the Services.

Article 3 (Change in Registration Information)

When there is a change in Your Registration Information, You must notify Us without delay in a manner specified by Us.

Article 4 (Management of ID and Password)

You must properly manage and store at Your own responsibility IDs and passwords issued by Aquent for the Services. You must not allow a third party to use these, and You must not lend, transfer, change the name of, or sell, etc. IDs or passwords to any third party.

Article 5 (Curriculum Vitae, etc.)

When You provide to Aquent a Curriculum Vitae (CV) as well as other documents You submit as references (“CV, etc.”) for employment, You will be deemed to have given Your consent in advance to Aquent’s provision of these to Clients.

You represent and warrant to Aquent that the content of Your CV, etc. and the Registration Information are true.

Article 6 (Negotiation of Conditions)

The negotiation of conditions between You and a Client shall be undertaken through Aquent, and You must not engage directly in the negotiation of conditions or other matters with a Client. 

Article 7 (Personal Information)

  1. You agree in advance that Aquent will obtain and handle Your personal information in accordance with Aquent's prescribed Privacy Policy (https://aquent.co.jp/privacy-policy/) and the “Rules for Handling Personal Information in Relation to the Services” set out below.
  2. You agree in advance that Aquent will provide Your personal information to Clients to provide employment placement, job seeker information, and other recruitment services (including confirmation of the situation after employment or job/career change, surveys, etc.) to Clients.
  3. You agree in advance that Aquent may, at our convenience, destroy or delete Your personal information after storing it for a certain period of time, and that we have no obligation to return it to You.

Article 8 (Confidentiality)

You must strictly manage confidential information learned through the Services (including information about Clients, such as job vacancy information and information about working conditions of Clients) and You must not use this for any purpose other than the Services. Furthermore, You must refrain from providing or leaking this information to any third party.

Article 9 (Prohibited Matters)

When using the Services, You must not engage in any of the following acts or acts that Aquent deems to fall under any of the following items:

  1. Acts that violate laws, regulations, ordinances, or other rules,
  2. Criminal acts or acts related to crimes,
  3. Acts that violate public order and morals,
  4. Acts that damage the credibility, reputation or honor of a Client, or acts that may otherwise cause other inconvenience to that Client,
  5. Acts that infringe the intellectual property rights, portrait rights, privacy rights, or other rights or interests of Aquent, a Client or their stakeholders, or any other third party,
  6. Acts of impersonation of others,
  7. Acts of harassment of a stakeholder of Aquent or a Client or any other third party,
  8. Acts that cause disadvantage, damage, or discomfort to Aquent, a Client, or their stakeholders or other third party, 
  9. Acts aimed at meeting members of the opposite sex who are complete strangers, or
  10. Other acts that Aquent deems inappropriate.

Article 10 (Cancellation of Registration)

If You fall under any of the following items, Aquent may temporarily restrict or suspend Your use of the Services, or cancel Your registration as a Talent without any prior notice or demand:

  1. If You violate any provision of these Terms,
  2. If Your Registration Information or information on your CV, etc. is found to contain false information,
  3. If You are found to belong to an antisocial force or to have dealings with an antisocial force at present or in the past, or 
  4. If Aquent otherwise deems it inappropriate for You to maintain Your registration as a Talent of the Services.

Article 11 (Disclaimer)

  1. Aquent does not warrant that the Services will meet Your specific objectives, that You will be able to obtain employment or achieve other anticipated results through Your use of the Services, or that the Services comply with laws and regulations, etc. applicable to You.
  2. Aquent is not liable for any damages or inconveniences incurred by You as a result of actions of a Client or other third party in relation to the Services.

Article 12 (Compensation for Damages)

If You violate these Terms or any obligations in relation to the Services, You shall provide compensation to Aquent, a company under contract with Aquent or other third party for any damages (including but not limited to attorney's fees) incurred by the foregoing in relation to such violation.

Article 13 (Amendment or Termination, etc. of the Services)

Aquent may amend the content of the Services or suspend or terminate provision of the Services in whole or in part at our convenience.  

Article 14 (Independent Parties)

Aquent and Talent are independent contracting parties, and their agreement to these Terms does not constitute an employer-employee relationship between both parties.

Article 15 (Amendment of these Terms of Use)

Aquent may amend these Terms when it deems necessary; provided, however, that if such amendment requires Your consent pursuant to the provisions of laws and regulations, Aquent will obtain Your consent beforehand.

Article 16 (Communication/Notification)

Communication from Aquent to You in regard to the Services will be made in a manner specified by Aquent. If Aquent contacts or notifies You via the email address or other contact information included in Your Registration Information, You will be deemed to have received such communication or notice.

Article 17 (Assignment of Status)

Without Aquent’s prior written consent, You may not assign, transfer, pledge, or otherwise dispose of Your status regarding use of the Services, or Your rights and obligations related thereto.

Article 18 (Severability)

If any provision or any portion of any provision of these Terms is held to be invalid or unenforceable under laws or regulations, etc., the remainder of these Terms shall remain in full force and effect.

Article 19 (Governing Law and Court of Jurisdiction)

  1. These Terms and any other agreement pertaining to the Services shall be governed by the laws of Japan.
  2. The Tokyo District Court shall be the court of exclusive jurisdiction in the first instance in any dispute arising from or in relation to the Services.

Rules for Handling Personal Information in Relation to the Services

Aquent handles the personal information of Talent in relation to the Services in accordance with our prescribed Privacy Policy (https://aquent.co.jp/privacy-policy/) (“Privacy Policy”) and these Rules for Handling Personal Information in Relation to the Services (“Rules”).

  1. Definitions

In addition to meanings prescribed in the Aquent LLC Terms of Use of Our Services and the Privacy Policy, the terms used in these Rules shall have the following meanings.

  1. “Personal Information” means information relating to a living individual that can identify a specific individual by name, date of birth, or other identifier or the equivalent contained in that information (including information that can be easily collated with other information and thereby identify that specific individual), or information that contains an individual identification code (as defined in Article 2, Paragraph 2 of the Act on the Protection of Personal Information). For example, this includes name, date of birth, telephone number, address, work history, etc.
  2. “Sensitive Personal Information” means Personal Information as to an identifiable person's race, creed, social status, medical history, criminal record, the fact of having suffered damage by a crime, or other identifiers or their equivalent prescribed by the Order for Enforcement of the Act on Protection of Personal Information as those of requiring special care so as not to cause unjust discrimination, prejudice, or other disadvantages to that person.

2. Purposes of Use

In addition to the purposes set out in the Privacy Policy, Aquent will use Personal Information provided by Talents and information collected by Aquent in relation to the Services only for the following purposes:

  1. Responding to inquiries, questions, requests for consultation, and complaints made to Aquent, and resolving disputes,
  2. Providing information and relevant services regarding employment placement, temporary placement, employment, job/career changes, etc.,
  3. Submitting documents to Clients, accepting requests for interviews, consultation, and meetings,
  4. Consulting with Clients, planning, proposing, and providing information regarding personnel recruitment,
  5. Communication, sending and delivering various types of email, direct mail, notices and gifts, etc. from Aquent,
  6. Confirming the situation after employment or job/career change, exchanging information, and conducting surveys to improve services,
  7. Conducting surveys of Clients to confirm facts about matter such as new hires, and receiving notices from such Clients,
  8. Use of information regarding personnel and labor management,
  9. Providing various welfare, education and training programs, etc.,
  10. Using, analyzing, and gathering statistical information for inclusion in printed materials and websites, etc.,
  11. Conducting surveys for development of services, marketing, and improvement of services, and
  12. Distributing and displaying advertisements and content based on factors such as device information, location information, and behavioral history.

3. Third Party Provision  

Aquent may provide a Talent's Personal Information to Clients to the extent deemed necessary to provide employment placement, job seeker information, and other placement services (including confirmation of the situation after employment or job/career change, surveys, etc.) to Clients. Aquent will obtain the Talent’s consent in advance in regard to such provision. In other cases, Personal Information will not be provided to any third party without the prior consent of the Talent, except when the handling of Personal Information is entrusted in whole or in part to the extent necessary to achieve the purposes of use, or when permitted under the Act on the Protection of Personal Information and other laws and regulations.

【Aquent may provide Personal Information of Talents to relevant foreign corporations listed on Aquent’s website. Please check here for the personal information protection policies of the foreign countries to which information is provided. Corporations in those countries to which Aquent provides Personal Information comply with the laws and regulations regarding personal information protection of those countries, and take measures for the handling of Personal Information that are generally of the same level as measures required of businesses handling Personal Information in Japan. The foreign corporations concerned also comply with the Privacy Policy.】

4. Safe Management of Personal Information

To prevent the loss, falsification, and leakage of Personal Information obtained from Talent, Aquent complies with relevant laws, regulations, and guidelines, etc., and has established rules for the handling of Personal Information to implement appropriate safety management measures. Aquent also appoints a personal information management officer for the handling of Personal Information, has procedures for employees to report to the officer, and conducts regular training on the protection of Personal Information. Furthermore, Aquent allows only a limited number of employees to handle Personal Information. Likewise, Aquent takes reasonable technical measures to prevent the falsification, leakage, loss, unauthorized access, or other misuse of Personal Information. For further details, please contact Aquent.

5. Request for Disclosure, Correction or Deletion, etc.

If You wish to take procedures to disclose, correct, add, delete, suspend the use of, or suspend the provision to a third party of Your own Personal Information (“Disclosure, etc.”), please contact Aquent’s registration office directly and make a request in accordance with the method specified by Aquent. In such case, after verifying Your identity, Aquent will respond to the extent necessary unless Disclosure, etc. is not required by laws and regulations, etc. Please note that Aquent may not be able to provide some Services as a result of deletion, etc. of information.

6. Handling of Sensitive Personal Information 

Aquent will not obtain Your Sensitive Personal Information or provide it to a third party without Your consent, except as permitted under the Act on the Protection of Personal Information or other laws and regulations.

7. Inquiries

For inquiries or complaints regarding Aquent's handling of Personal Information, please contact the following:

jp-hq@aquent.com
Aquent LLC (Japan Branch)
KDX Toranomon 1-chome Bldg.
1-10-5 Toranomon, Minato-ku, Tokyo

Aquent may update these Terms. In such case, we will announce or give notice of any updated content by posting it on our website. Be sure to check the latest content of these Terms posted on our website.

These Terms were revised on April 1, 2022.

Aquent LLC
U.S. Headquarters: https://aquent.com/contact-us/
501 Boylston St. Third Floor, Boston MA 02116
John H. Chuang, CEO