Terms of Personal Information Protection

These Terms of Personal Information Protection (the “Terms”) shall apply to personal information provided by Kabuku Inc. (the “Company”) to the Manufacturer (as defined in Item 5 of Article 1 of the Terms of Use of Rinkak) under the Terms of Use of Rinkak (the “Terms of Use”).

ARTICLE 1 PURPOSE

The purpose of the Terms is to protect the personal information appropriately according to Act on the Protection of Personal Information of Japan (the “Act”).

ARTICLE 2 DEFINITION

For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:

  1. The “Personal Information” means the “Personal Information” defined in Article 2 of the Act.
  2. The “Provided Personal Information” means the Personal Information provided by the Company to the Manufacturer.
  3. The “Work” means the “Work” defined in Article 3.
  4. The “Purpose” means the “Purpose” defined in Article 5.

ARTICLE 3 SCOPE OF THE TERMS

The Terms shall apply to all work entrusted by the Company to the Manufacturer that treats the Provided Personal Information. Such work shall be hereinafter referred to as the "Work".

ARTICLE 4 COMPLIANCE WITH PERSONAL INFORMATION PROTECTION GUIDELINES, ETC.

The Manufacturer shall acknowledge the importance of protection of the Personal Information and comply with the Act in execution of the Work. In cases where the Company submits handling standards or guidelines in relation to the protection of the Personal Information separately, the Manufacturer shall comply with the handling standards and the guidelines. The compliance obligations provided in this Article 4 shall apply to the Manufacturer regardless of whether or not the Manufacturer is “business operator handling personal information” defined in Article 2 of the Act.

ARTICLE 5 PROHIBITION OF USE OUTSIDE PURPOSE

The Manufacturer shall use the Personal Information only for the purpose of execution of the Work for which the Provided Personal Information is provided (the “Purpose”) and shall not use for other purpose.

ARTICLE 6 PROHIBITION OF REPRODUCING OR PROCESSING

The Manufacturer shall not reproduce, copy or process the Provided Personal Information without prior written consent of the Company.

ARTICLE 7 SAFETY MEASURE

The Manufacturer shall, in execution of the Work, manage the Provided Personal Information strictly and take reasonable safety measure in the technical and organizational aspects against the risk of unauthorized access or loss, destruction, falsification and leakage of the Provided Personal Information.

ARTICLE 8 CONTACT OFFICER

Each of the Company and the Manufacturer shall appoint a contact officer and immediately notify it to the other party in writing or by e-mail to respond to the requests and inquiries from the other party quickly in relation to the delivery and protection of the Provided Personal Information. This Article 8 shall also apply to change of the contact officer.

ARTICLE 9 CONFIDENTIALITY OBLIGATION, ETC.

  • 9.1   The Manufacturer shall keep the Provided Personal Information confidential and shall not disclose or divulge the Provided Personal Information to any third party.
  • 9.2   The Manufacturer shall, in execution of the Work, specify and limit the persons who can access the Provided Personal Information (the "Access Persons") and prevent any other person from accessing or using the Provided Personal Information. Upon request by the Company, the Manufacturer shall submit document in the form admitted by the Company which describes the list of the names and positions of the Access Persons.
  • 9.3   The Manufacturer shall, in advance, cause the Access Persons of the Provided Personal Information to recognize sufficiently that the Access Persons must not make unauthorized access or loss, destruction, falsification or leakage of the Provided Personal Information.
  • 9.4   The Manufacturer shall, upon the Company’s request, certify that the Manufacturer takes the measure in accordance with Article 9.3 by submitting written covenants, etc. addressed to the Company in the form designated by the Company.
  • 9.5   The Manufacturer shall take any and all responsibilities for acts omission of the Access Persons, and indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of acts or omission of the Access Persons.

ARTICLE 10 RETURN OR DESTRUCTION OF PERSONAL INFORMATION

The Manufacturer shall promptly return the Provided Personal Information to the Company when the Manufacturer finish the Work or the Company so requests, and the Manufacturer and the Company exchange a document to certify the return of the Provided Personal Information in the form designated by the Company. In cases where there is recording media or copy containing the Provided Personal Information, the Manufacturer shall return, destroy or delete it upon the Company’s requests.

ARTICLE 11 PROHIBITION OF ENTRUSTMENT

  • 11.1 The Manufacturer shall not entrust whole or part of the Work to a third party without prior written consent of the Company.
  • 11.2 Even where the Manufacturer entrusts the Work to a third party with Company’s consent pursuant to Article 11.1, the Manufacturer shall take any and all responsibilities under the Terms and impose on the third party the same obligations with those of the Manufacturer under the Terms.

ARTICLE 12 ON-SITE INSPECTION

The Company may require the Manufacturer to submit a report regarding use and management of the Provided Personal Information, and conduct on-site inspection in offices or factories of the Manufacturer and safety inspection of information system through a computer network. The Company shall notify to the Manufacturer prior to the on-site inspection or the safety inspection.

ARTICLE 13 REPORT OF THE ACCIDENT

In cases where an accident happens or there is possibility of an accident in connection with the Provided Personal Information such as receipt of a claim or inquiry from the person identified by the Provided Personal Information or any other third party in connection with the Provided Personal Information, the Manufacturer shall immediately report it to the Company. The Manufacturer shall deal with the claim and inquiry in accordance with the Company’s instruction and shall not deal with it without prior consent of the Company.

ARTICLE 14 INDEMNIFICATION

In cases where the Manufacturer or Employees of the Manufacturer (which means any third party who receives the Provided Personal Information from the Manufacturer such as the Access Person and sub-contractor. The same shall supply hereafter.) disclose, divulge or provide the Provided Personal Information unrightfully (including, but not limited to, the case of defect or non-compliance of safety measures) or use the Provided Personal Information for a purpose other than the Purpose, the Manufacturer shall pay to the Company, as a penalty, three times the amount of the fees set forth in the Individual Contract (as defined in paragraph 3 of Article 1 of the Terms of Use) under which the Provided Personal Information was provided; provided, however, that damage is incurred by the Company (including, but not limited to, direct damages, normal damages, lost earnings, loss of business opportunities, loss of data, business interruption, indirect damages, special damages, consequential damages and incidental damages) which exceeds the penalty, the Company may claim from the Manufacturer compensation for the damage separately.

ARTICLE 15 SURVIVAL

The Terms shall survive the expiration or termination of the Agreement defined in Article 2.4 of the Terms of Use during the Manufacturer and Employees of the Manufacturer holds the Provided Personal Information.


Created February 17, 2017
Kabuku, Inc.