Regulations for Registered Recruiting Institutions

Regulations for Registered Recruiting Institutions This is an English translation of Regulations of JREC-IN Portal. The Japanese original shall be the official version, and the English version is provided only for reference. (General Provisions) Article 1. The Regulations shall apply to all acts conducted by Institutions who takes the prescribed registration process and use JREC-IN Portal operated by the Japan Science and Technology Agency (hereinafter referred to as "the Agency"). (Definition of Terms) Article 2. The terms used in this Regulation shall have the following meanings. (1) The "JREC-IN Portal" is a collective term for the website called "Research Personnel Portal Site JREC-IN Portal (Japan REsearch Career Information Network Portal)" (https://jrecin.jst.go.jp/) and mail delivery and other services associated with the website. (2) The "Application Information" is a collective term for the information that is provided from Registered Users to Registered Recruiting Institution for the purpose of applying, contacting, etc. regarding job postings. (3) "Basic Information of Institution" is a collective term for the basic information of Recruiting Institution such as Name of institution, Institution type, Name of responsible person, etc. Those items are required to every Recruiting Institution to register in JREC-IN Portal. (4) "The Agency" has the meaning prescribed in Article 1. (5) “Registered Employment Placement Business Provider” shall mean a juridical person that has carried out the prescribed user registration process for the JREC-IN Portal for the purpose of placing research personnel with a recruiting company or university. (6) "Job Applicant Information" shall mean the information of the Registered User to disclose to the Registered Recruiting Institution and/or the Registered Employment Placement Business Provider for the purpose of seeking jobs, which have been registered by the Registered User concerned. (7) "Registration Procedure of Recruiting Institution" has the meaning prescribed in Paragraph 1of Article 5. (8) "Job Posting Related Information" is a collective term for the Information associated with job postings which has been registered by Registered Recruiting Institution, such as status of applications, results of applications and questionnaire results regarding job posting, etc. (9) "Job posting" has the meaning prescribed in Paragraph 1 of Article 9. (10) "Job posting requirements" has the meaning prescribed in Paragraph 1 of Article 9. (11) "Research Personnel" is a collective term for individuals working or seeking Jobs related to research and has related professional knowledge, experience or qualifications to those jobs. (12) "Jobs related to research" is a collective term for the following jobs: (i) Research jobs, technical jobs or educational jobs in the discipline of natural science, humanities and social sciences; (ii) Supporting and assisting work of the jobs determined in (i); (iii) Any other similar jobs determined in (i) or (ii), which requires professional knowledge, experience or qualifications in the discipline of natural science or humanities and social sciences. (13) "The Applicant" has the meaning prescribed in Item 1 of Paragraph 1 of Article 6. (14) "Registered Recruiting Institution" shall mean institutions, organizations, and other corporations that take the prescribed registration process in the purpose of recruiting Research Personnel (hereinafter such registration referred to as "Recruiting Institution Registration"). (15) "Registered Recruiting Institution Information" is a collective term for the information registered in JREC-IN Portal by Registered Recruiting Institution such as Basic Information of Institution, Job posting, Job Posting Related Information and other information. (16) "Registered User" shall mean individuals who take the prescribed registration process in the purpose of seeking Jobs related to research or of using the contents on JREC-IN Portal. (17) "Requirements for Recruiting Institution Registration" has the meaning prescribed in Paragraph 2 of Article 5. (18) "Anti-social forces, etc." has the meaning prescribed in Paragraph 1of Article 17. (19) "Reasons for Disapproval" has the meaning prescribed in Paragraph 1of Article 7. (20) "The purpose of the service" has the meaning prescribed in Paragraph 1 of Article 4. (21) "The purpose of the usage" has the meaning prescribed in Paragraph 3 of Article 5. (Application of Regulations and Compliance) Article 3. This Regulation shall apply to all acts conducted by Registered Recruiting Institution and institutions desire to be Registered Recruiting Institution. Such institutions must comply with this Regulation. (The purpose of the service) Article 4. Registered Recruiting Institution must understand the following paragraphs substantially, and consent to those in using JREC-IN Portal. (1) JREC-IN Portal is provided for the purpose of assisting in the expansion of the career paths of research personnel, the use of such personnel and developing such personnel career in terms of information on the careers of research personnel; (2) The JREC-IN Portal shall not provide employment placement services and shall be limited in its operations to the provision of information. (3) The copyright in the information that is provided through the JREC-IN Portal and that consists of e-learning content and in other content in which the copyright is indicated as belonging to the Agency shall belong to the Agency. The copyright in information provided by a Registered Recruiting Institution or Registered User or the Registered Employment Placement Business Provider shall belong to the respective information provider. (Recruiting Institution Registration) Article 5. An Institution desires to use the service for Registered Recruiting Institution must follow the procedure stipulated in this article ("Registration Procedure of Recruiting Institution"), be approved by the Agency and be registered as Registered Recruiting Institution. 2. Registered Recruiting Institution must fall under any of the following categories ("Requirements for Recruiting Institution Registration"): (1) Schools as defined in Article 1 of the School Education Act (Act No. 26 of 1947), ministry or government or local government office (including public research institute), inter-university research institute, independent administrative institute, semi-governmental corporation, government-authorized corporation. This does not include organizations or institutions that are in preparation to be established. (2) Institutions and organizations described in the preceding item which are in preparation and applying for approval, and can show sufficient certainty of being established. (3) In addition to the preceding 2 items, any institution that falls under the following lists and is determined as appropriate by the Agency: (i) Institution, organization, etc. with legal status in Japan, or their equivalent; or (ii) International institution or public institution, research organization, university, or their equivalents in foreign countries. 3. Registered Recruiting Institution must use JREC-IN Portal for recruitment practices in line with the purpose of this service as specified in the preceding article. (Registration Procedure of Recruiting Institution) Article 6. Registration Procedure of Recruiting Institution should be preceded by the following steps. (1) Application of Recruiting Institution Registration An Institution apply for Recruiting Institution Registration ("The Applicant") must agree to this Regulation through the JREC-IN Portal website to apply for Recruiting Institution Registration. An application for Recruiting Institution Registration should be made in the method designated by the Agency such as via website, e-mail or other methods. (2) Provisional Registration The Applicant will be registered as provisional by the application prescribed in the preceding paragraph, and will receive a notification e-mail and be issued an ID from the Agency and. (3) Official Registration The Applicant will be officially registered as a Registered Recruiting Institution when the Applicant registered the password by following the method designated by the Agency. The Agency may cancel the Provisional Registration if the Applicant did not register the password by the expiration date. 2. The Applicant fall under Item 2 of Paragraph 2 of Article 5 must submit the job posting to publish on JREC-IN Portal in conjunction with the Registration Procedure of Recruiting Institution prescribed in Item 1 of the preceding paragraph. 3. Registered Recruiting Institution must manage its ID and password on its own responsibility. Registered Recruiting Institution must not transfer or lend ID or password without permission. (Reasons for Disapproval of Recruiting Institution Registration) Article 7. Notwithstanding the provision of preceding article, the Agency may disapprove the application for the Recruiting Institution Registration, if the Applicant falls under any of the following items ("Reasons for Disapproval "): (1) If the Applicant does not satisfy Requirements for Recruiting Institution Registration; (2) If there is a false entry, incorrect description or omission in the contents of application for Registration Procedure of Recruiting Institution; (3) If an applicant has been subject to a disposition of cancellation of user registration or other equivalent disposition due to violation of Regulations of JREC-IN Portal (including antecedents service) or other terms of use of services provided by the Agency; (4) If the Applicant violates Warranty Clause prescribed in Article 17; or (5) Notwithstanding the above, the Agency may determine that the Applicant is not qualified as Registered Recruiting Institution. 2. The Agency may cancel the approval, if the Applicant falls under any of the Reasons for Disapproval after the approval of Recruiting Institution Registration has been made. (Notification of Change) Article 8. If the contents of application for Registration Procedure of Recruiting Institution need to be changed, Registered Recruiting Institution must notify the Agency without delay. The same shall apply if the contents of the change need to be changed as well. (Job posting requirements) Article 9. When Registered Recruiting Institution desires to publish Job posting for recruiting Research Personnel ("Job posting") on JREC-IN Portal, Job posting must satisfy all of the following items ("Job posting requirements"): (1) Duties shall fall under the category of Jobs related to research; (2) Must be paid; (3) Not a Job posting for temporary stuff; (4) Not an internship opportunity, trainee, nor any other similar opportunities for work experience; (5) Job postings must be consistent with the terms of planned employment; (6) Not include any of the Prohibited Matters prescribed in Article 16; or (7) In addition to those itemized conditions listed above, the Agency retains the right to judge the appropriateness of Job posting in light of the purpose of the service. 2. The Agency may request to Registered Recruiting Institution to correct the Job posting which is requested by such institution to publish on JREC-IN Portal, if the Agency determined the Job posting does not satisfy the Job posting requirements. If such Job posting has already been published on JREC-IN Portal, the Agency may suspend the publication until the Job posting is corrected and satisfy the Job posting requirements. 3. The Agency may determine not to publish such Job posting on JREC-IN Portal, to cancel publishing such Job posting or to take measures judged to be appropriate, in case Registered Recruiting Institution refuses to correct the Job posting, the corrected Job posting still dissatisfy the requirements, or the correction to the Job posting to satisfy the Job posting requirements turns out to be infeasible. 4. Registered Recruiting Institution has no recourse to the determination of the Agency as provided for in the preceding 2 paragraphs. (Act in good faith to Registered User) Article 10. Registered Recruiting Institution shall act in good faith and use all reasonable endeavors to reply to the application, inquiry, etc. from Registered User about Job posting. 2. Registered Recruiting Institution shall observe the provisions of labor related laws and other applicable laws in concluding any contract, such as employment, mandate, etc. ("Contract of employment, etc.”) with Registered User applied to Job posting. 3. Registered Recruiting Institution shall agree that the Agency may disclose a Job posting at the request of a Registered User who has applied to such Job postings in the past. (Use and Handle of Registered User Information) Article 11. Registered Recruiting Institution must use Job Applicant Information and Application Information of Registered User obtained from JREC-IN Portal only for the purpose specified in the Regulations, and may not use for other purposes. 2. Registered Recruiting Institution must handle Job Applicant Information and Application Information of Registered User obtained from JREC-IN Portal as strictly confidential, and takes appropriate measures. Registered Recruiting Institution may not disclose to third party without prior consent from the individual concerned, and must take reasonable measures to prevent leakage. 3. Upon the completing of the recruiting purpose, Registered Recruiting Institution must completely destruct Job Applicant Information and Application Information of Registered User obtained from JREC-IN Portal without delay to prevent leakage to third party. (Cooperation with other organizations) Article 12. To further facilitate the objectives of JREC-IN Portal, the Agency may enter into a contractual agreement, in which all or part of Job postings of Registered Recruiting Institutions will be shared with other agencies, both domestic and overseas, that provide services similar to JREC-IN Portal. The Agency shall notify Registered Recruiting Institutions one month prior to the said agreement. 2. To further facilitate the objectives of JREC-IN Portal, the Agency may enter into a contractual agreement, in which all or part of Job postings of Registered Recruiting Institutions will be provided and published on Web Service for research personnel with other agencies, both domestic and overseas, that provide services of database for research personnel. The Agency shall notify Registered Recruiting Institutions one month prior to the said agreement. (Use of Registered Recruiting Institution Information) Article 13. Registered Recruiting Institution shall agree that the Agency may use Job posting and Job Posting Related Information and other Registered Recruiting Institution Information for the operation of JREC-IN Portal and for the purpose set forth below. (1) Implementation, expansion, new deployment, public relations etc. of projects of government and the Agency; (2) Designing and planning of the national policy for academics, science and technology or higher education; (3) R&D that contributes to the development of academia, science and technology, or higher education; (4) Surveys and research that contribute to career development support for human resources; (5) Provision of information when required by laws or ordinances, or concerned government ministries and agencies. 2. Registered recruiting institution shall agree that information registered on JREC-IN Portal may be provided by the Agency to organizations including national/ local government, education (academic)/ research, corporate and similar, and individuals belonging to these organizations (executives, staff, faculty, researchers, employees, etc.), when information is used within the range of purposes as set out in the preceding paragraph. 3. Regarding the use and provision of registered information set out in preceding paragraph, the Agency shall in advance delete information that identifies individuals. 4. The Agency may use registered information to produce content and shall be free to make secondary use of such content by which the content is edited, issued, or released and permission for this shall be granted by the Registered Recruiting Institution. Copyright in the content and any work resulting from the secondary use of the content shall belong to the Agency. (Cancellation of Recruiting Institution Registration by Registered Recruiting Institution) Article 14. Registered Recruiting Institution may apply for cancellation of Recruiting Institution Registration to the Agency at any time. 2. If Registered Recruiting Institution discontinues the use of the service of JREC-IN Portal, such Registered Recruiting Institution must apply for cancellation of Recruiting Institution Registration or to the Agency without delay. 3. Recruiting Institution Registration shall be cancelled at the time when the Agency completes necessary procedures pursuant to the application made under the preceding two paragraphs. (Cancellation of Recruiting Institution Registration by the Agency) Article 15. If Registered Recruiting Institution falls under any of the following items, the Agency may cancel the Recruiting Institution Registration of such Registered Recruiting Institution, terminate such Registered Recruiting Institution's use of the JREC-IN Portal, terminate disclosing or delete the job posting (whole or part of it), or take other measures at its own discretion without prior notice: (1) Falls under any of the Disapproved Causes as prescribed in paragraph 1 of Article 7 hereof; (2) Violating Prohibited Matters prescribed in Article 16; (3) Violating Warranty Clause prescribed in Article 17; or (4) In addition to those listed in the preceding items, there are circumstances in which the Registered Recruiting Institution is determined to be unsuitable as a Registered Recruiting Institution by the Agency. (Prohibited Matters) Article 16. Registered Recruiting Institution must not conduct or engage a third party to conduct the following acts on JREC-IN Portal. (1) Acts that infringe or likely to infringe on rights of the Agency or others, cause or likely to cause trouble to the Agency or others, create or likely to create disadvantages to the Agency or others; (2) Unauthorized diversion, reproduction, redistribution, sale, or quotation of information posted on JREC-IN Portal; (3) Political activity, religious activities, advertisement for commercial purpose, or any other similar activities that not suit with the purpose of JREC-IN Portal; (4) Acts that interfere or are likely to interfere with the operation of JREC-IN Portal; (5) Acts that defame or are likely to defame the Agency or other Users, acts that disgrace or are likely to disgrace the Agency or other Users, acts obstruct the operation of the Agency or other Users; (6) Violent behavior, threatening action or statements, discriminatory action or statements, discomfort behavior to others, or any other similar acts; (7) Acts that violate or likely to violate laws, this Regulations, other ordinances of the Agency or that offend or likely to offend public order and morals; (8) The act of transferring or lending the Registered Recruiting Institution’s own ID or password to another party; or (9) Other acts that are deemed inappropriate by the Agency (Warranty Clause) Article 17. Registered Recruiting Institution declares that Registered Recruiting Institution nor the member of Registered Recruiting Institution is not or will not in the future fall within any of the followings (herein after "Anti-social forces, etc."): - An organized crime group; - A member of an organized crime group; - A sub-member of an organized crime group; - A corporation related to an organized crime group; - A racketeer attempting to extort money from a company by threatening to cause trouble at the general stockholders' meeting; - Acting as if advocating legitimate social causes; - A special intelligence organized crime group; - An organized group that contributes an illegal act collectively or habitually; - A member or equivalent of an organized group that contribute an illegal act collectively or habitually, etc. 2. Registered Recruiting Institution declares that Registered Recruiting Institution nor the member of Registered Recruiting Institution is not or will not in the future fall within any of the followings: (1) Operating an entity having such relationship with Anti-social forces, etc. that shows their control over the entity’s management. (2) Operating an entity having such relationship with Anti-social forces, etc. that shows their substantial involvement in the entity’s management. (3) Operating an entity having such relationship with Anti-social forces, etc. that shows reliance on Anti-social forces, etc. for the purpose of unfairly benefiting oneself, one’s own company or third parties or of damaging third parties. (4) Operating an entity having such relationship that shows provision of funds or facilities to Anti-social forces, etc. (5) Operating an entity of which Board members or people substantially involved in its management have socially condemnable relationship with Anti-social forces, etc. (Change of Service) Article 18. The Agency may change or suspend temporarily any part of the service without notifying in advance. 2. The Agency may suspend or terminate the provision of the whole service on a long-term basis with one (1) month prior notice. Provided, however, that this shall not apply when there is a compelling reason. 3. If the information on the JREC-IN Portal as registered by a Registered User, a Registered Recruiting Institution, or the Registered Employment Placement Business Provider falls under any of the following items, the Agency may delete such information, in whole or in part, without prior notice: (1) If the information is expired of a term (2) If it is necessary to protect intellectual property rights or other rights; (3) If there is compelling reason for administrating JREC-IN Portal system; or (4) If, in addition to those listed in the preceding items, the Agency determines that the deletion is appropriate for operating JREC-IN Portal. (Principle of Self-Responsibility and Exemption from Liability) Article 19. Registered Recruiting Institution shall use the JREC-IN Portal or information provided on the JREC-IN Portal on their own responsibility and judgment. 2. The Agency shall make no warranty with respect to credibility, accuracy, adequacy, availability, legitimacy, safety, relevancy, viewing period, and any other matters of the information provided on the JREC-IN Portal. The Agency shall make no warranty with regard to the continuity and stability of the service, including the warranty that no defect, error, or interruption pertaining to the JREC-IN Portal will occur. 3. The Agency shall not bear any responsibility for damage and any other loss incurred by Registered Recruiting Institution or any third party arising out of or in connection with any of the following items: (1) Usage of JREC-IN Portal; (2) Usage or the contents of information or contents provided by JREC-IN Portal; (3) Usage or contents of websites or services provided by a third party that are accessible via JREC-IN Portal; (4) Failure, error or troubles, etc. in relation to the system of the JREC-IN Portal; (5) Illegal access to or leakage from or destruction and interpolation of the system of JREC-IN Portal; (6) Change, temporary or long-term interruption or termination of services pertaining to the JREC-IN Portal; (7) Change, modification, deletion, termination of disclosure, loss, destruction, leakage, etc. of registered information on JREC-IN Portal; (8) Usage or management of ID and a password; (9) Disapproval of application for Recruiting Institution Registration, cancellation or termination of Recruiting Institution Registration, termination of use or other measures taken by the Agency; or (10) Damages arising from causes not attributable to the Agency. 4. When concluding or consider concluding any contract of employment with Registered User or other user of JREC-IN Portal, Registered Recruiting Institution shall take any actions necessary (including the communication between Registered User, identification, concluding contract, trouble shooting, etc.) on their own responsibility and judgment. The Agency shall not be involved in any of such matters. 5. All disputes and damages between Registered Recruiting Institution and a third party (including Registered User) arising from the use of the JREC-IN Portal shall be settled at the Registered Recruiting Institution's responsibility and cost. In this case, the Agency shall neither assume any responsibility nor provide intervention, mediation, arbitration, or cooperation (including provision of information). (Revision of Regulations) Article 20. The Agency may revise this Regulations if need arises without prior notice. The revised Regulations shall be presented to Registered Recruiting Institution on the JREC-IN Portal Website. 2. The revised Regulations shall become effective to every Registered Recruiting Institution on the time presented on the JREC-IN Portal Website pursuant to the provision of the preceding paragraph. (Governing Law and Jurisdiction) Article 21. This Regulation shall be governed by and construed in accordance with the laws of Japan. And the Tokyo District Court shall have exclusive primary jurisdiction with respect to all disputes arising from usage of JREC-IN Portal. This Regulation shall become effective on March 8th, 2022.