Personal Information Protection Policy

 

RGF Talent Solutions Japan K.K. ("RGF Executive Search Japan") provides executive search and recruiting services in Japan. In operating its business, RGF Executive Search Japan must handle a great deal of personal information concerning candidates, clients, and employees. Therefore, RGF Executive Search Japan has established this Policy along with a personal information management system through which RGF Executive Search Japan, as a company, commits to meeting its responsibility in protecting personal information.

 

Policy 1: RGF Executive Search Japan will, to the extent possible, specify the purposes for utilizing the personal information, and will properly handle the personal information within the scope necessary to achieve such purposes. RGF Executive Search Japan will take measures to ensure the prevention of personal information being used other than for the intended purposes.

 

Policy 2: RGF Executive Search Japan will obtain personal information only through legitimate and appropriate means.

 

Policy 3: RGF Executive Search Japan will not provide any personal information of any individual to a third party without the consent of that individual.

 

Policy 4: In managing personal information, RGF Executive Search Japan will make efforts to take all necessary and appropriate measures to ensure the prevention and correction of any leakage, loss or damage of the personal information, as well as for other safety management factors.

 

Policy 5: In handling personal information, RGF Executive Search Japan will make efforts to ensure that the individual who has provided the information shall be properly involved in the handling process, and to keep the personal information accurate and updated to the extent possible.

 

Policy 6: RGF Executive Search Japan will comply with laws and regulations pertaining to the protection of personal information, and will establish, review continuously, and comply with the internal rules pertaining to the protection of personal information.

 

Policy7: RGF Executive Search Japan will establish a contact window to correspond to complaints and consultations concerning the protection of personal information and make efforts to properly respond to such complaints and consultations.

 

 

RGF Executive Search Japan Talent Solutions Japan K.K.

Struan McKay, CEO

 

 

 

Regarding the handling of personal information

 

RGF Talent Solutions Japan K.K.(“RGF Executive Search Japan") shall uphold this privacy policy, shall respect the privacy of companies, affiliated companies, associations, etc., that use the services provided in accordance with this privacy policy ("Services") (“Service Using Companies, etc.”) and each person ("Candidate") who uses the services and shall handle the personal information (as defined below) of all Users with the utmost care in its management thereof.

 

 

n  Personal information

 

Personal information is the information of a Candidate as an individual, which can identify the Candidate based on the name, address, telephone number, e-mail address, educational institution, or other descriptions, etc. which constitutes such information. In addition, any information which may not identify the Candidate solely by itself but can easily be cross-referenced with other information to identify the Candidate as a result, is also included in the scope of personal information.

 

 

n  Purposes of use of personal information

 

RGF Executive Search Japan shall use personal information only for the following purposes, and shall not use any personal information beyond these purposes of use:

 

l  Provision of information and services concerning job referrals, employment, career change, and Professional Resourcing Service (hereinafter “PRS”).

l  Provision of personal information to Service Using Companies, etc., based on Candidates’ consent/application.

l  Listening in on opinions or requests aimed at confirming Candidates’ situation after employment or dispatching, and improving services.

l  Confirmation of the candidate’s application and commence as well as receiving notices from Service Using Companies during and after the period of service provision.

l  Statistically processing and analyzing information for publication on websites and other media.

l  Development and marketing of new services.

l  Advising and proposing recruitment plans for companies seeking workers.

l  Managing inquiries, consultations and complaints, and/or resolving disputes.

l  Hiring operations for RGF Executive Search Japan.

 

l  Making contact through generally shared information, such as publications and websites.

 

n  Voluntary nature of providing personal information

 

Although it is not necessary to provide all of the items asked for, if a Candidate fails to answer necessary question(s), such Candidate may not be able to obtain the services RGF Executive Search Japan provides.

 

 

n  Disclosure of personal information to the third party

 

RGF Executive Search Japan, as a recruiting agency, will provide personal information (limited to Company name, position title, job description etc.) obtained from the Candidate or from public source, after examining the Candidate’s requests and adequacy, by sending or carrying the document to contracted companies who have agreed to the articles of properly handling personal information

 

However, personal information may be disclosed without Candidates’ consent within the confines of applicable laws and regulations when:

 

A) The Candidate is considered detrimental to the third party.

 

B) The provision of personal information is especially necessary for improving public hygiene or promoting the sound growth of children and it is difficult to obtain the consent of the Candidate.

 

C) The provision of personal information is necessary for cooperating with a state institution, a local public body, or an individual or entity entrusted by such an institution or body to execute operations prescribed by law and obtaining the consent of the Candidate might impede the execution of such operations.

 

D) A court, prosecutor’s office, police department, or any other institution with corresponding authority requests disclosure of the Candidate’s personal information.

 

E) The Candidate him/herself explicitly requests the provision or disclosure to the third party.

 

F) The disclosure and provision of personal information is allowed by laws and regulations.

 

G) The provision of personal information occurs as a result of business succession in a merger or otherwise and is utilized within the purpose range set before the succession.

 

 

n  Outsourcing of personal information handling process

 

RGF Executive Search Japan may outsource partial or all of the personal information handling duties. RGF Executive Search Japan shall be responsible for the handling of personal information by the outsourcing contractor.

 

 

n  Use of statistically-processed data

 

RGF Executive Search Japan may, based on the provided personal information, create statistical data which shall be processed in a manner that cannot identify any individual. RGF Executive Search Japan may, without restriction, use statistical data that cannot identify individuals.

 

 

n  Disclosure etc. of personal information

 

In the event a Candidate requests for a notice, disclosure, correction, addition / deletion, suspension, or elimination for the use of Candidate’s personal information or suspension of provision to the third party, RGF Executive Search Japan shall take prompt actions according to its internal regulations. However, in cases where complying with such requests might impede necessary operations, RGF Executive Search Japan may not be able to accommodate the request for disclosure, correction, deletion, suspension or elimination of information.

 

 

n  Accuracy of personal information

 

RGF Executive Search Japan shall make efforts to accurately process the personal information provided. However, Candidates are to be responsible for ensuring that the personal information they provide is accurate and up-to-date.

 

 

n  Restrictions on acquisition of sensitive personal information

 

RGF Executive Search Japan, as a general rule, shall not obtain any Candidate’s personal information which containing any of the following information unless the personal information has been provided by the Candidate himself/herself:

 

A) Information relating to personal philosophy, belief or religion;

 

B) Information relating to race, ethnic background, family background, domicile (except for information on the prefecture where the Candidate is located), physical or mental disability, criminal record or other matters that may cause social discrimination;

 

C) Information relating to the right to organize, or any acts of collective bargaining or other collective actions as a worker;

 

D) Information relating to participation in acts of mass demonstration, exercising of petition rights or other political rights;

 

E) Information relating to health and medical conditions or sex life.

 

n  Personal Information Protection Manager

 

Administration Operations Director, RGF Executive Search Japan Talent Solutions Japan K.K.

 

 

n  Modifications to Privacy Policy

 

Unless otherwise stated in laws and regulations, etc., RGF Executive Search Japan shall be entitled to modify this Privacy Policy as needed.

 

 

n  Inquiries

 

Please contact “mail.jp@rgf-executive.com” for any inquiries regarding the handling of personal information, and for requests regarding personal information for notice of purpose of use, or disclosure, correction, addition or deletion or discontinuation of use, erasure or discontinuance of provision to a third party.

 

 

(Supplementary Provisions)

Established and implemented on Oct 1, 2014

Revised on January 1, 2018

Revised on April 1, 2018

Revised on June 1,2019

 

*RGF Talent Solutions Japan K.K. is accredited as "privacy-mark" licensed operator

 

 

Processing of Personal Data of Persons within the EEA (Attachment)

 

If a user is a person in the EEA (European Economic Area) and is subject to the EU General Data Protection Regulation (the “GDPR”), then this Attachment will apply in addition to the section titled “Regarding the handling of personal information” (the “Rules”)  above.  If there is any discrepancy between the provisions of the Rules and those of this Attachment, the provisions of this Attachment shall prevail.

 

n  PERSONAL DATA

“Personal information” as used in the Rules shall be read as personal data as defined in the GDPR.

 

n  USE OF COOKIES

Details regarding the use of cookies as personal data shall be set out separately.

 

n  SOURCE OF PERSONAL DATA

We will obtain customers’ personal data directly from customers.

Use of the Service is limited to customers who are 16 years old or older.  Anyone who is younger than 16 years old should refrain from using the Service.

 

n  PURPOSE OF USE AND LEGAL BASIS FOR PROCESSING

Notwithstanding the provisions of the Rules, we will obtain and process the following categories of users’ personal data only for the purposes stipulated below, as doing so is necessary for the performance of contracts.

 

Purpose of Processing	Categories of Personal Data
To provide information regarding introduction of jobs, finding or changing jobs, and temporary staffing, and to provide services related thereto (including, with the approval or at the request of Candidates, provision of personal data to client companies, etc. using the Service, confirmation with employers regarding facts such as a Candidate submitting an application or joining the company during the provision of service or after the completion of service, and receiving notices from employers)	Name, address, date of birth, age, gender, phone number, email address, work/school information (company name, section, title, name of school, etc.), ID number (driver’s license, passport, insurance card number, etc.), financial condition (income, amount of loans, etc.), medical condition (medical history, surgical history, results of checkups, etc.),  criminal history (criminal records, arrest records, history with the police), certificate of status of residence
To respond to inquiries, consultations, and complaints and to resolve disputes
To confirm the status after the job placement, job change, or temporary staffing and to obtain opinions or requests to improve services

We will not use any personal data of a user for the purpose of making the user subject to automated processing, including profiling, which produces legal effects concerning the user or similarly significantly affects the user without the consent of the user.

 

n  PERSONAL DATA REQUIRED TO BE PROVIDED

Users may not apply for job openings if they do not provide their personal data designated as required information.

In addition to the above information, if the provision of personal data is required under laws and regulations or is necessary for entering into a contract, we will separately notify customers individually regarding whether the data subject is obliged to provide the personal data or not and regarding the consequences that may arise if the data subject does not provide such data.

 

n  RETENTION PERIOD OF PERSONAL DATA

We may retain the personal data of users for the period necessary to achieve the purpose of use of personal data above in connection with the provision of the Service.  A specific retention period will be determined taking into account the purpose of obtaining and processing the personal data, the nature of the personal data, and the necessity to retain the personal data based on statutory or contractual requirements.

 

n  PROVISION AND TRANSFER OF PERSONAL DATA TO THIRD PARTY

Notwithstanding the provisions of the Rules, we will provide the personal data of users to service providers, to venders, and to contractors and cloud service providers that offer hosting, data storage, and other services to the extent necessary to achieve the purpose of use above.

In connection with the above sharing and disclosing of personal data, we may transfer the personal data of users to one of the following third countries outside the EEA, such as Hong Kong.  In that case, we will establish appropriate safeguards by executing standard contractual clauses (Paragraphs 2(c) and 5 of Article 46 of the GDPR) approved by the recipient of personal data and the European Commission.  Please contact us at the contact details above if you wish to see a copy of the document regarding the safeguards.

 

n  USERS’ RIGHTS

Users have following rights with respect to their personal data obtained and processed by us.

 

●        Obtain Information Regarding the Data Processing

Each user shall have the right to obtain all of the necessary information with respect to our data processing activities relating to users (Articles 13 and 14 of the GDPR).

●        Access to Personal Data

Each user shall have the right to obtain confirmation from us as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and certain related information (Article 15 of the GDPR).

●        Correction or Deletion of Personal Data

Each user shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning him or her and the right to have incomplete personal data completed (Article 16 of the GDPR).  Each user shall have the right to obtain from us the erasure of personal data concerning him or her without undue delay if certain requirements are met (Article 17 of the GDPR).

●        Restriction on Processing of Personal Data

Each user shall have the right to obtain from us restriction of processing if certain requirements are met (Article 18 of the GDPR).

●        Objection to Processing of Personal Data

Each user shall have the right to object to processing of personal data concerning him or her if certain requirements are met (Article 21 of the GDPR).

●        Data Portability of Personal Data

Each user shall have the right to receive the personal data concerning him or her in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from us if certain requirements are met (Article 20 of the GDPR).

●        No Automated Decision-Making

Each user shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her if certain requirements are met (Article 22 of the GDPR).

 

Please contact us at the contact details above if you wish to exercise any of the rights above.  Users may file an objection regarding our processing of users’ personal data to the data protection supervisory authority of the member country where the user resides or works or where the violation of the GDPR occurred.

 

n  HOW YOU CAN CONTACT OUR EU REPRESENTATIVE

We have appointed Ashurst LLP (UK company number OC330252) as our representative in EU for data protection matters. You can contact them using the following email address.  Your message will be forwarded to appropriate members of their data privacy team.

Email : Recruit.EURepresentative@ashurst.com