Chapter 5 General Provisions
Article 10 (Conclusion of Employment Contracts, etc.)
- Employment contracts with recruiting companies are concluded directly between the user and the recruiting company, and Findy is not a party to the employment contract.
- Findy does not guarantee the legality, fitness for a particular purpose, completeness, continuity, or consistency with the content of the jobs posted on the service, or any other aspect of the employment contract with a recruiter.
Article 11 (Preparation of equipment, etc.)
- Users shall prepare the necessary equipment (PC, smartphone, etc.), software (OS, applications, browsers, etc.), and Internet connection environment required to use the service.
- Users shall take security measures to prevent unauthorized access and information leaks in accordance with their own usage environment. Findy is not involved in the user's usage environment and assumes no responsibility, except in cases of willful misconduct or gross negligence on the part of Findy.
- Findy may change all or part of the contents of the Service upon notice on the official website or by e-mail. Findy shall not be liable for any damages incurred by users as a result of such changes. However, Findy shall not be held liable for any damages incurred by users as a result of such changes, except in the case of intentional or gross negligence on the part of Findy.
Article 12 (Prohibited Matters)
Users shall not engage in any of the following acts when using the Service.
- Infringing or threatening to infringe intellectual property rights such as copyrights and trademarks, personality rights such as portrait rights, or any other legal rights or interests deserving protection of Findy or any third party.
- Actions that infringe on the reputation of Findy or a third party, slander a specific individual or group, or cause discomfort to a third party. Or acts that cause discomfort to third parties.
- Actions that violate or may violate these Terms of Use, laws, regulations, ordinances, public order and morals. Or acts that may encourage such violations.
- Actions that transmit information to Findy or other users or recruiters of the Service through the Service that falls under or is reasonably deemed by Findy to fall under any of the following
- Information containing violent or cruel expressions
- Information that contains computer viruses or other harmful computer programs
- Information that contains expressions that defame or discredit Findy, other users of the service, recruiters, or other third parties
- Information that contains obscene expressions
- Information that includes expressions that promote discrimination
- Information including expressions that encourage suicide or self-injury
- Information including expressions that promote inappropriate use of drugs
- Information including antisocial expressions
- Information that requests the spread of information to a third party, such as chain mail
- Information including expressions that may cause discomfort to others in addition to the above 1 through 9.
- Actions to use this service using a third party's e-mail address
- Disclosing false or inaccurate information in one's profile, resume, work history, or any other information disclosed to Findy or a recruiter in connection with the use of this service.
- Providing part or all of the Service to a third party for commercial or for-profit purposes.
- Actions that place or may place an excessive load on the Service's servers.
- Actions that reverse engineer, decompile, disassemble, scrape, or otherwise analyze the applications of the Service or data handled on the Service, regardless of the method or manner.
- Unauthorized movement, modification, deletion, or display of advertisements displayed by Findy.
- To use the Service for the purpose of soliciting an endless pyramid scheme or network business.
- Reporting or disclosing false or inaccurate information in accordance with the Terms of Use.
- Acts of contacting directly with a recruiter who has provided information to Findy on this service regarding employment selection or any contact related to employment selection without Findy's involvement during the period of registration for this service as a user and for one year after leaving the membership, unless Findy approves such contact.
- Acts of concluding an employment contract, etc. directly with a recruiting company or former recruiting company to which information has been provided by Findy through this service, without using this service, or acts of soliciting such an employment contract, etc.
- Providing services similar to the Service without Findy's consent.
- Actions that directly or indirectly cause or facilitate the aforementioned actions.
- Other acts that we reasonably deem inappropriate.
Article 13 (Prohibition of Assignment of Rights and Obligations)
Users may not assign, transfer, or pledge their contractual status, rights, and obligations under this Agreement to any third party without the prior consent of Findy in a manner separately determined by Findy.
Article 14 (Copyrights and Other Intellectual Property Rights)
- All copyrights and other related intellectual property rights in the system of the Service and contents related to the Service shall belong to Findy.
- Findy shall grant users the right to use the Service only within the scope of the purpose of use of the Service during the term of the Service agreement with users based on this Agreement.
- user represents and warrants to Findy that he has the lawful right to transmit the data and that the data does not infringe upon the rights of any third party.
- Users agree not to exercise their moral rights in the data against Findy or any person who has succeeded to or been granted rights by Findy.
Article 15 (Confidentiality)
- Users shall use the Confidential Information (hereinafter referred to as "Confidential Information") only for the purpose of using the Service, and shall not provide, disclose, publish, or leak (including sharing information or articles related to job openings on SNS, etc.) to any third party without the prior written consent of Findy. (including sharing information or articles related to job openings on social networking sites, etc.) without the prior written consent of Findy.
- Users must return or destroy the Confidential Information and any documents or other recorded media containing or containing the Confidential Information and all copies thereof, whenever requested by Findy, without delay and in accordance with Findy's instructions.
Article 16 Suspension or Revocation of Membership
- Findy may suspend or revoke a membership without any notice to the user in the following cases
- If a false declaration is made at the time of application
- If a user continuously violates the Terms of Use and does not change his/her behavior upon recommendation from Findy.
- If a user violates Article 22 (Representations)
- In any other case where Findy reasonably determines that the user is inappropriate as a user.
- Findy shall not be liable for any loss or damage incurred by a user as a result of Findy's actions under the preceding paragraph, except in cases of willful misconduct or gross negligence on the part of Findy.
- Users understand that if their membership in the service is terminated due to revocation of membership or other reasons, all information regarding the user on the service will be deleted, and that the contents of such information cannot be confirmed. However, Findy is not obligated to delete such information.
Article 17 (Interruption or Suspension of the Service)
- When Findy performs maintenance such as management and maintenance of the Service system, or upgrades the system to improve its functionality, it may suspend or stop all or part of the Service by notifying users in a manner separately determined by Findy.
- Findy may, at its reasonable discretion, suspend all or part of the Service without notice to users in the event of any of the following events
- When all or part of the Service becomes unavailable due to a communication failure, natural disaster, fire, strike, flood, epidemic, riot, war, terrorist act, or other factors related to the Service, or any other related factors
- When all or part of the Service becomes unavailable due to system malfunction of the Service, or due to hacking, cracking, or any other sabotage of the Service by a third party, or due to similar circumstances
- When the Service is temporarily unavailable because the server is unable to process all services due to a sudden change in usage conditions as a result of proactive enhancement of server facilities in response to the usage conditions of users.
- Findy shall not be liable for any damage or disadvantage incurred by a user or third party as a result of a delay, interruption, or suspension of the Service due to any of the preceding paragraphs, except in cases of willful misconduct or gross negligence on the part of Findy.
Article 18 (Acquisition, Use, and Provision of Information on Users)
- Users agree that Findy may use external tools, etc. to acquire information about them, as long as such information does not contain information that can be used to identify individuals, either alone or in combination. 2.2. The user-user agrees that the information may be obtained through the use of external tools, etc.
- Findy may collect information on user user user attributes, job browsing status, job application status, and other information related to the operation of the service for the purpose of researching user trends, for researching trends, for understanding the situation related to the operation of the service, and for improving the service for the purpose of improving the service. The data of the user's attributes, job browsing status, job applications, and other information related to the use of the Service (hereinafter referred to as "Usage Data") will be used for the purpose of understanding the situation related to the operation of the Service and for the purpose of improving the Service. The information data concerning the use of the Service (hereinafter referred to as "Usage Data") shall be viewable and usable by the users. The User shall be able to view and use the information data concerning the usage of the Service (hereinafter referred to as "Usage Data"). The Service is available for viewing and using the information data on the usage of the Service ("Usage Data").
- Users agree that statistical data, analysis data, etc. created based on user usage data may be disclosed to third parties in a form that does not identify individuals, such as in news releases, media materials, and reports on the use of the Service.
- Members agree in advance that we may provide personal information to our business partners as follows in order to provide the functions of the Service and to deliver advertisements that are more relevant to our members. (Defined in Article 2.1 of the Act on the Protection of Personal Information)
- Provider
- ①Meta Platforms,Inc. (California, U.S.A.)
- ②Google LLC (California, U.S.A.)
- ③Yahoo Japan Corporation (Japan)
- ④Twitter, Inc. (California, U.S.A.)
- ⑤LinkedInCorporation (California, U.S.A.)
- ⑥LINE Corporation (Japan)
- ➆OpenAI, L.P. (California, U.S.A.)
- Personal information to be provided
- ① through ⑤ above:
E-mail address (However, this information will be hashed by the recipient and obtained in a format that cannot be restored to the original e-mail address). - ⑥ above:
Telephone number (However, the telephone number will be hashed and processed into a format that cannot be restored to the original telephone number by the above recipient). - ⑦ above:
Name, address, educational background, employment history, and any other information listed in the resume.
Article 19 (Disclaimer)
Findy makes no warranties or guarantees with respect to the following items and shall be exempt from liability for any damages incurred by users, except in the case of intentional or gross negligence on the part of Findy.
- The Service and information provided by Findy in the Service (including information related to job openings, skill deviation values calculated by linking Findy to a user's Github account, and projected annual income calculated from such deviation values, etc.). (ii) The latest, completeness, and accuracy of the contents of the information (including the predicted annual income calculated from the deviation value of skills and the deviation value, etc.) provided in the job offer (including information related to the job offer). (including the latest, completeness, accuracy, usefulness, legality, fitness for a particular purpose, completeness, continuity, etc. of the contents concerning the usefulness, legality, fitness for a particular purpose, completeness, continuity, etc. of the contents concerning the
- Damages incurred by users as a result of the content of jobs posted on the service. 3.
- Damages incurred by users as a result of the use of websites or services provided by third parties other than Findy that can be accessed through the service.
- Damage or loss caused by natural disasters, fire, strikes, floods, epidemics, riots, wars, terrorist acts, or other causes beyond Findy's control.
- Failure to erase or alter data in the Service
- that the Service is free of viruses or other harmful content and that security is effective
- If a user ceases to be a user of the Service due to revocation of membership or other reasons, all information regarding the user on the Service will be deleted, and the user will no longer be able to check the contents of the Service. However, Findy shall not be obligated to delete such information.
- Findy does not guarantee that the user will be able to conclude an employment contract with a potential employer as a result of the user's use of the Service, and Findy shall not be held liable except in cases of willful misconduct or gross negligence by Findy.
Article 20 (Termination of Service)
Findy may terminate the Service by giving three months' prior notice of its intention to terminate the Service in a manner separately determined by Findy. Findy shall not be liable for any damages incurred by a user as a result of the termination of the service, except in cases of willful misconduct or gross negligence on the part of Findy.
Article 21 (Handling of Personal Information)
- Findy will handle personal information appropriately in accordance with the "Act on the Protection of Personal Information," other laws and regulations concerning the protection of personal information, and guidelines issued by the relevant ministries and agencies.
- Findy shall not disclose to any third party any personal information entered by a user in using the Service. However, Findy shall not disclose personal information to any third party without the user's consent, when necessary to protect Findy's rights in the event that the user has violated the Terms of Use, when disclosure is required by law, or when disclosure is permitted by law.
- Notwithstanding the preceding paragraph, a user acknowledges that Findy may disclose the following information to a potential employer to whom the user has sent a job application via Findy's designated functions, and that Findy may match the user with a potential employer (meaning that the user and the potential employer wish to connect with each other via Findy's designated functions). The same applies below) and that Findy may disclose the following information to a job seeker who has submitted a job application through Findy's designated functions The same applies below). The user agrees in advance that Findy may disclose the following information to a recruiter with whom the user has been matched (meaning that the user and the recruiter have mutually desired to connect through Findy's prescribed functions).
- Information related to the user's profile
- Information that Findy has separately obtained permission from the user to disclose to the recruiter (including information such as the selection status of other companies, desired conditions, etc., including proper nouns of such other companies). (2)Information that Findy has received separate permission from the user to disclose to the recruiter (including the selection status of other companies, desired conditions, etc., including proper names of those companies)
- Resumes and other information that the user has set to be disclosed to employers on the service.
- Whether or not there are any other companies matching with the user, and the trend values (meaning Findy's predetermined values that indicate the trend of companies matching with the user).
- Information related to Twitter, Linkedin, Qii ta and other social networking accounts registered by the user on the Service
- Other information related to the user's use of the Service
Article 22 (Representations)
- Users represent and warrant to Findy that they are not and will not be antisocial forces, etc.
- If Findy reasonably determines that a user is in violation of the preceding paragraph, Findy may terminate all or part of the agreement without notice or demand to the user, regardless of the provisions of this agreement,
- If Findy terminates the agreement with a user under the Terms and Conditions in accordance with the preceding paragraph, Findy shall not be liable to compensate the user for any loss or damage incurred by the user as a result of such termination. If Findy terminates the agreement between Findy and a user based on this agreement, Findy shall not be prevented from claiming compensation for damages from the user.
Article 23 (Surviving Clauses)
Article 2, Paragraphs 4 and 5, Article 3, Paragraphs 1 through 6, Article 4, Article 5, Paragraph 2, Articles 9 through 15, Article 16, Paragraphs 2 and 3, Article 17, Paragraph 3, Articles 18 through 20, Article 22, Paragraph 3, this Article, Article 25, and Article 26 of this Agreement shall survive the termination of the agreement between Findy and the user under this Agreement. Article 17.3, Article 17.3, Article 18 through 20, Article 22.3, this article, Article 25, and Article 26 shall remain in effect even after the termination of the contract between Findy and the user under this agreement.
Article 24 (Modification of Terms and Conditions)
Findy may modify the Terms and Conditions as it reasonably deems necessary, without obtaining the user's consent, by notifying the user in advance of the contents of the modification of the Terms and Conditions and when the modification will take effect, either on the official website or by any other means deemed appropriate by Findy. Users agree that if they log in to the Service after any change or revision of the Terms and Conditions, Findy shall deem that they have agreed to the revised contents.
Article 25 (Severability)
Even if any part of this Agreement is held to be clearly illegal or invalid in violation of the laws and regulations of Japan based on a definitive public interpretation by a judicial or regulatory authority or other administrative authority, the remaining portions of this Agreement shall remain valid as before, and the remaining portions shall be interpreted in light of the purpose of this Agreement as a whole.
Article 26 (Governing Law and Jurisdiction)
The Terms and Conditions shall be governed by the laws of Japan. If any dispute arises between Findy and a user, the Tokyo Summary Court or the Tokyo District Court shall be the court of exclusive jurisdiction in the first instance, depending on the amount of the suit.
Revision History
March 23, 2022 Enacted and effective
September 20, 2023 Revised