Terms of Service

These Terms of Service ("this Agreement") stipulate the terms and conditions for the provision of our services and the rights and obligations between the Registered Partner and us (defined in Article 2). Upon using Services, please read all of and agree with this Agreement. We provide the translations of other languages on the premise of that only Japanese version is legally binding.

Article 1 (Application)

This Agreement aims to stipulate the terms in using the Services that we, Leverages Group, provide and the rights and obligations between the Registered Partner and us relating to the use of Services. And this Agreement shall be applied to all relating to the use of Services between the Registered Partner and us. In the event the contents of this Agreement differ from any other explanations of Services other than this Agreement, the provisions of this Agreement shall prevail.

Article 2 (Definitions)

In this Agreement, the following terms shall have the meanings set forth below.

• (1) "Service Use Contract" means this Agreement and the usage agreement of Services entered into by and between Registered Partner and us.
• (2) "Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademark rights, and any other Intellectual Property Rights (including the rights to acquire such rights or to apply for registrations of such rights).

• (3) "We (us)" means Leverages Co., Ltd. and each company of Leverages Group stipulated in the “List of Country”.

• (4) "Registered Partner" means an individual or a corporation registered as a user of Services based on Article 3 (Registration).
• (5) " Services " means Leverages Global, the services that we provide and the services associated therewith collectively.
• (6) "User Company" means a company that has entrusted us with matching of projects and human resources.

Article 3 (Registration)

1. Any person who wishes to use Services shall agree to comply with this Agreement, and it lets them be able to apply for the registration of use of Services by providing us with certain information we specify (“Registered Matters") in accordance with our regulations. When he/she has clarified country or region where he/she wishes to work, it shall be deemed that he/she applied to us existed in such country for use of Services.

2. In accordance with our policy, we shall determine whether or not to register the Applicant who has applied for the registration based on the above, and when approving the registration, we shall notify the Applicant. The registration of the Applicant as a Registered Partner shall be completed upon the fact that we has given the notice set forth in this paragraph.

3. Upon the completion of the registration set forth the above, the Service Use Contract shall be concluded between Registered Partner and us, and the Registered Partner shall be able to use the Services in accordance with this Agreement.

4.In the event the Applicant falls under any of the following items, we may refuse registration and re-registration and shall not be obliged to disclose any reason.

• (1) When there is any falsity, error, or omission in whole or in part of the Registered Matters provided for us.
• (2) When the applicant is either of minor, adult ward, under curatorship, under assistance, and he/she has not obtained the consent of a legal representative, guardian, curator, or assistant.
• (3) When we determine that the applicant belongs to an anti-social forces (meaning an organized crime group, member of an organized crime group, rightist group, anti-social group, or any other party equivalent thereto; the same shall apply hereinafter) or that the applicant engages in any interact or involvement with anti-social forces, such as cooperating with or participating in the maintenance, operation, or management of anti-social forces through financial or other means.
• (4) When we determine that the applicant has breached a former contract with us or is related thereto.
• (5) When there has been any measure set forth in Article 10 hereof.
• (6) Otherwise, when we determine that the registration is not appropriate.

Article 4 (Accuracy of Registered Information)

Registered Partner shall accurately provide User Company and us with Personal Data without any incompletion or inconsistency. In the event any claim, request, or demand arising from the inaccuracy, incompletion, and/or inconsistency of Personal Data provided by Registered Partner is made by User Company or any third party, Registered Partner shall be bound to bear the cost and the responsibility to settle it, and shall ensure that no trouble caused to us.

In the event of any change in the Registered Matter, the Registered Partner shall notify us of such change without delay in the manner we designate. If we request, the Registered Partner shall promptly submit the following documents:

• (1) Documents to identify and confirm the identity of the Registered Partner through name and address etc.
• (2) Residence Card or Certificate of Status of Employment to confirm the status of residence
• (3) Any other certifications required to submit by the User Company

Article 5 (Management of User IDs and Passwords)

In the event we issue a user ID and a password in connection with Services, the Registered Partner shall use and manage the user ID and the password at their own responsibility, and the Registered Partner shall not allow any third party use them or transferred them to any third party.

Article 6 (Provision of Services)

We shall provide the appropriate services from the following to Registered Partner with our determination.

• (1) Matching the contents of application received from the Registered Partner and the conditions of job offer received from the User Company, and providing job offer information based on the results of matching
• (2) Soliciting the Registered Partner whom we assess to highly compatible with the conditions of a job offer received from User Company
• (3) Proxy of Application Procedures
• (4) Matching consultations by telephone and interviews
• (5) Any other services we deem beneficial for the Users

Article 7 (Prohibition)

The Registered Partner shall not engage in any act that falls under any of the following items or any act that we determine to fall under any of the following items when using the Services.

• (1) Acts in violation of laws and regulations or in connection with criminal acts
• (2) Fraud or threat against other users of Services or third parties
• (3) Act that violates public order and morals
• (4) Any act that infringes Intellectual Property Rights, right of portrait, right of privacy, honor, or other right or interest of any other users of Services or third parties
• (5) Through the Services, transmitting us or other users of Services the information which falls under or that we determine falling under any of the followings
1.The information that contains excessive violent or cruel expressions
2.The information including computer viruses and other harmful computer programs
3.The information that contains expressions that defame the grace or reputation of other users of Services or third parties
4.The information that contains excessively indecent expressions
5.The information that includes expressions that encourage discrimination
6.The information that includes expressions that encourage suicide and self-injurious behavior
7.The information that includes expressions that facilitate the improper use of drugs
8.The information that includes antisocial expressions
9.The information for the dissemination of information, such as Chain Mail, to third parties
10.The information that contains expressions that cause discomfort to others
• (6) Acts that may interfere with the operation of Services
• (7) Pretending a third party
• (8) Acts for the purpose of collecting the data of other users of Services
• (9) Acts that cause disadvantage, damage, or discomfort to other users of Services, third parties, or us
• (10) Providing benefits to anti-social forces
• (11) Any act that directly or indirectly occurs or facilitates any of the acts listed in the preceding items
• (12) Acts of concluding a direct outsourcing contract, or solicitation such as acts, with User Company and/or the company which has been our user without using Services
• (13) Providing the same services as our Services without our consent
• (14) Other conduct we deem inappropriate

Article 8 (Suspension of Services, etc.)

We shall be entitled to suspend or cancel the provision of the Services, in whole or in part, without prior notice to the Registered Partner in the event of any of the following:

• (1) When carry out an urgent inspection or maintenance of computer systems in connection with Services.
• (2) When the computer or the communication line is stopped due to an accident.
• (3) When the Services cannot be operated due to earthquake, lightning strike, fire, storm and flood damage, power failure, natural disaster, or any other force majeure.
• (4) When we determine that it is necessary to suspend or cancel the operation.

Article 9 (Attribution of Rights)

All Intellectual Property Rights relating to the Services belong to us or the party granting the license to us. The using of Services under this Agreement does not imply granting the use of any Intellectual Property Rights which belong to us or the party granting the license to us relating to the Services.

Registered Partner agrees that he/she shall not exercise the moral rights against us and any party who succeeds or is licensed to the rights from us.

Article 10 (Cancellation of Registration)

1. In the event the Registered Partner falls under any one of the following items, we may, without prior notice or demand, temporarily suspend the use of Services for such Registered Partner, delete the registration as a Registered Partner, or terminate the Service Use Contract:

• (1) When breaching of any of the provisions of this Agreement.
• (2) When it has turned out that there are false facts in the Registered Matter.
• (3) When Registered Partner admits to its creditor its inability to pay its debts generally as such debts become due, or receives a petition for a institution of proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or equivalent proceedings.
• (4) When Services has not been used for more than 6 months
• (5) When no response has been received for 30 days or more to inquiries or other requests for response from us
• (6) When the facts of each items of Paragraph 4 of Article 3 exist
• (7) When we determine Registered Partner is not appropriate to use Services or to continue Service Use Contract.

2. In the event falling under any of the above, all obligations of the Registered Partner shall be accelerated and become immediately due and payable. We shall not be liable for any damage caused to the Registered Partner due to the measures we have made under this Article.

Article 11 (Withdrawal)

The Registered Partner may withdraw from the Services and cancel his or her registration as his or her own Registered Partner by notifying us in the manner we prescribe. Upon the withdrawal, if having any debt, all obligations of the Registered Partner shall be accelerated and become immediately due and payable. The handling of Personal Data after withdrawal shall be subject to the provisions of Article 17.

Article 12 (Change or Termination of SERVICES)

We may modify or terminate Services along with us. We shall notify Registered Partner in advance of any termination of providing Services.

We shall not be liable for any damage caused to the Registered Partner due to the measures we have made under this Article.

Article 13 (Disclaimer of Warranty)

1. We shall make no warranty that the Services meet the particular purpose of the Registered Partner, have the expected functions, commercial value, accuracy, and usefulness, that the Registered Partner's use of the Services will conform to the applicable laws, regulations, or internal regulations of industry associations, and that any failure will not occur.

2. We shall collate the application received from the Registered Partner against the job offer requirements that the User Company desires, but it is not possible to explain the criteria for consideration or the reasons for determination. In addition, even if we accept a request of application for a job offer from Registered Partner, as a result of determination how much suitable for the job offer with referring to the selection criteria specified by the User Company, we may not make recommendation to the job offer, or may inform that it does not conform to the job offer requirements on behalf of the User Company.

3. We shall, in response to Registered Partner’s request, act as an intermediary in confirming the User Company's working conditions and other details of the contract. Provided, however, the Registered Partner agrees that it shall, at its own responsibility, enter into the contract with directly confirming the working conditions and other details of the contract with the User Company, and that the working conditions, we notified to the Registered Partner, shall not ultimately guarantee the details of the contract.

Article 14 (Elimination of Anti-Social Forces)

The Registered Partner, now and in the future, shall represent that himself/herself does not fall under any type of anti-social forces (an organized crime group, a member of organized crime group, a person who was a member of organized crime group within 5 years, semi-regular of organized crime group, a company in relation with organized crime group, a racketeer group, a group engaging in criminal activities under the pretext of conducting social companies, a crime group specialized in intellectual crimes, or any other equivalent party) or that himself/herself shall not commit any illegal acts including violent acts, fraudulent acts, threats, or acts of obstruction of business. In the event of a breach of such representation, Registered Partner shall accept the termination of Services without any objection.

Article 15 (Indemnity)

We shall not be liable for any interruption, suspension, termination, unavailability or modification of the provision of Services we made, deletion or elimination of messages or information sent by Registered Partner to Services, erasure of registration of Registered Partner, loss of registration data due to use of Services, failure or injury to equipment, or any other damage suffered by Registered Partner relating to the Services ("User’s Damage") .

Even if we are liable for any reason, we shall not be liable for the User’s Damage to users in excess of the amount of consideration paid by Registered Partner to us during the last 12 months, and shall not be liable for incidental, indirect, special, future damages or lost profits.

We shall not be responsible for any transactions, communications, or disputes that may arise between the Registered Partner and any other Registered Partner or any third party in connection with the Services or our website.

Article 16 (Confidentiality)

The Registered Partner shall treat as confidential any non-public information we disclose to Registered Partner with a requirement of confidentiality in connection with the Services, unless the prior written consent from us.

Article 17 (Handling Personal Data)

With respect to handling Personal Data of the Registered Partner, it shall be as set forth in our How We Handle Personal Data, and the Registered Partner shall agree that we handle the user information of the Registered Partner in accordance with our How We Handle Personal Data.

Article 18 (Liability for Damages)

In the event the User causes any damage to us, related parties, or any third party in contravention of any of the provisions of this Agreement, the User shall compensate for such damage.

Article 19 (Modification)

We shall modify this Agreement. When modifying, we shall publicly announce it for Registered Partner with the details of such modification. In the event the Registered Partner uses the services or fails to follow the procedures for deletion of registration within the period we specify after the announcement, the Registered Partner shall be deemed to have consented to such modifications in this Agreement.

Article 20 (Contact/Notice)

Any inquiries regarding the Service, any other contacts or notices from the Registered Partner to us, any public announcement regarding changes of this Agreement, or any other contacts or public announcement from us to the Registered Partner, shall be made in the manner we prescribe.

Article 21 (Assignment of Status under Service Use Contract)

The Registered Partner may not assign, transfer, encumber or otherwise dispose of its status in this Service Use Contract or any rights or obligations under this Agreement to any third party without the prior written consent from us.

In the event that we transfer any business related to the Services to any other company, it may assign its status in this Service Use Contract, the rights and obligations under this Agreement, the Registered Matters of Registered Partner, and any other customer information to the transferee of such business transfer, and the Registered Partner, in advance, shall agree such assignment in this Article. The transfer of business stipulated in this Article shall include not only the ordinary transfer of business, but also the company split and any other cases in which the business is transferred.

Article 22 (Entire Agreement)

The Registered Partner recognizes that this Agreement constitutes and represents all the agreement between the Registered Partner and us regarding this Service Use Contract, and this Agreement supersedes any oral or written previous communications, representations, understandings and agreements in connection with this Service Use Contract.

Article 23 (Severability)

If any provision of the this Agreement, or any part hereof, is determined invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of this Agreement and the remaining part of the provision determined invalid or unenforceable, shall remain in full force and effect.

Article 24 (Governing Law and Court of Jurisdiction)

This Agreement and Service Use Contract shall be governed by the laws of Japan. Provided, however in case of that our company which provide the Services is a legal entity other than in Japan, the governing laws shall be in accordance with the List of Country. The Registered Partner shall agree that the application of the United Nations Convention on Contracts for the International Sale of Goods, shall be excluded even if the sale of goods occurs in Services.

The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction for the first instance over any and all disputes arising out of or in connection with this Agreement or Service Use Contract. Provided, however in case of that our company which provide the Services is a legal entity other than in Japan, the courts of jurisdiction shall be in accordance with the List of Country.

【Last revision date: 03/09/2021】

List of Country

This List of Country constitutes a part of the Terms of Service and the relating provisions (collectively the “Provisions”) of Leverages Global.

In the event where there is a discrepancy between the Provisions and the List of Country, the List of Country shall be prevailed. The Leverages Group company which provides the Services in accordance with the Provisions, shall depend on the website the Registered Partner has registered with.

The following matters stipulated in the Provisions differ depending on the Leverages Group company which provides the Services and is as follows.

Service Provider	Leverages Co., Ltd.
Service	Leverages Global
Governing Law	Japanese Laws
Courts of Jurisdiction	Tokyo District Court or Tokyo Summary Court
Contact Points for Personal Data Inquiries	Address: Shibuya Scramble Square 24F/25F, 2-24-12, Shibuya, Shibuya-ku, Tokyo, Japan TEL: (03)5774-1632 Email: privacy@leverages.jp

Service Provider	Leverages Career Vietnam Co., Ltd.
Service	Leverages Career Vietnam
Governing Law	Vietnamese Laws
Courts of Jurisdiction	Courts in Hanoi
Contact Points for Personal Data Inquiries	Address: 2nd floor, 101 Lang Ha Building, Lang Ha Ward, Dong Da District, Hanoi City, Vietnam TEL: (84-24)7303 3678 Email: vn-privacy@leverages.com Person in Charge: Shuhei Nishikawa

Service Provider	Leverages Career Shanghai Co., Ltd.
Service	Leverages Career Shanghai
Governing Law	Chinese Laws
Courts of Jurisdiction	Courts in Shanghai
Contact Points for Personal Data Inquiries	Address: 2-24-12, Shibuya, Shibuya-ku, Tokyo, Japan TEL: +81-(0) 3-5774-1742 Email: cn-privacy@leverages.com Person in Charge: Shuhei Matsushita

【Last revision date: 03/09/2021】

PRIVACY POLICY

Effective Date: 17/07/2020

We, Leverages Career Viet Nam Co., Ltd. (“Company”), are operating business in relation to recruitment agency service, on the basic belief that the success of both customers and employees lead to our company's success. We believe that dealing with personal data properly as well as conforming to Law on Cyber-information Security No.86/2015/QH13 and VIETNAM DECREE NO. 52/2013/ND-CP ON E-COMMERCE (collectively “Vietnamese Laws”) are our duty and social obligation. We implement the following steps to exercise these duties:

Types of Personal Data

We may collect, use and/or disclose your personal information such as your name, contact details, skills, qualifications and your employment history that you include on your resume required to apply for a job. We may also collect, use and/or disclose other types of your personal information such as references and employment objectives (“Personal Data”).

Purpose

We collect, use and/or disclose your Personal Data for the following purposes (“Purposes”). Unless authorised or required by law, we will not collect, use and/or disclose your Personal Data for any other purpose without your consent.

• (a) to provide our services to you;
• (b) to match your coded details with job vacancies and find a position that is most suitable for you;
• (c) to submit your resume to apply for specific jobs;
• (d) to answer your inquiry;
• (e) to use your Personal Data as statistic information without identifying your Personal Data;
• (f) to seek interviewees who can cooperate in creating articles/contents;
• (g) to transfer your Personal Data to new business owner and/or its advisers if we merge with or are acquired by another company;
• (h) to disclose Personal Data to regulatory or law enforcement authorities, if necessary; and
• (i) other purposes similar to those listed above which are required upon providing our services.

Disclosure of Personal Data to Third Parties

In order to conduct its business operations, the Company may provide your Personal Data to the following third parties:

• (a) Any person to whom your Personal Data is required to be disclosed by relevant authorities, laws and/or regulations;
• (b) Company’s officers or employees; and
• (c) Any person who is legally obliged to including but not limited to lawyers, certified accountants and others.

Sharing of Personal Data with Leverages Group

The Company may transfer your Personal Data to any company within the Leverages group including but not limited to Leverages Co., Ltd., Leverages Career Co., Ltd. and Levtech Co., Ltd. (“Leverages Group Japan”). Leverages Group Japan shall use your Personal Data within the range of article 2(e) and (f) of this Privacy Policy.

In case applicants desire to work outside of Viet Nam including but not limited to Japan, the Company may also transfer the Personal Data to the relevant company within Leverages Group Japan, which uses the Personal Data in accordance with its privacy policy (the links are as follows: http://leverages.jp/privacypolicy/, http://leveragescareer.jp/privacy/, https://levtech.jp/company/privacy/). In addition, the Company may also transfer the Personal Data to local companies directly so that the applicants can apply to them when the applicants desire so.

The Personal Data shared by Leverages Group Japan are as follows:

• (a) name;
• (b) qualifications;
• (c) gender;
• (d) residential address;
• (e) phone number;
• (f) email address;
• (g) birth date;
• (h) employment history; and
• (i) any other similar information to identify individuals.

Consent

Your application shall be construed as your express consent to our collection, use, disclosure and/or transfer of your Personal Data in accordance with the Purposes. You may object or withdraw your consent to the use of your Personal Data at any time by contacting Data Protection Officer (“DPO”) stated below. This may affect the services we are able to supply to you.

Correction and Access

We will, upon receiving your written request to us, allow you to view your stored Personal Data. Where permitted by law, we reserve the right to charge any reasonable administrative fee for this. In exceptional circumstances, we reserve the right to deny you access to your Personal Data and may provide an explanation as required by applicable laws. We will also rectify any error or omission in your Personal Data on your request as soon as practicable.

Retention

We shall retain your Personal Data for as long as it is necessary to fulfil our business or legal purposes. We shall cease to retain your Personal Data after the reasonable duration necessary for such purposes. When destroying Persona Data, we shall take commercially reasonable and technically possible measures to make the Personal Data irrecoverable or irreproducible.

Accuracy

We need your assistance to ensure that your Personal Data is current, complete and accurate. We may request Personal Data updates from you from time to time.

Security and Protection

We take the security and protection of your Personal Data very seriously. As such, we make reasonable security arrangements to protect your Personal Data against loss or theft as well as unauthorized access and undue disclosure. However, where we have links to outside website(s), we cannot guarantee that your privacy will be protected in outside websites in accordance with this Privacy Policy. You should consult those other websites' privacy policies as we shall have no control over them and shall not be responsible for any information that is submitted to or collected by those third parties.

Safeguards Implemented for Personal Data Sharing

For the purpose of the followings, the Company and Leverages Group Japan shall herein be referred to collectively as the “Parties”. The Company shall ensure that any Personal Data so transferred and/or shared complies with the requirements of the Vietnamese Laws, and Leverages Group Japan shall also be bound by legally enforceable obligations to provide the Personal Data it receives to a standard of protection comparable to that given under the Vietnamese Laws. These said obligations shall consist of the following:

• (a) you shall be clearly notified of the purposes for which their Personal Data is being collected, used and/or disclosed and their consent shall also be obtained for such purposes unless it is exempted under the Vietnamese Laws. The Parties shall collect, use and/or disclose Personal Data only for the purposes for which the Party obtain consent;
• (b) at your request the Parties shall provide you with access to, and correction of your Personal Data;
• (c) the Parties shall take reasonable steps to verify that the Personal Data in their possession and/or control is complete and accurate;
• (d) the Parties shall make reasonable security arrangements to protect the Personal Data in their possession and/or under its control in order to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks;
• (e) the Parties shall cease to retain documents containing Personal Data, or remove the means by which the Personal Data can be associated with you, as soon as it is reasonable to assume that the purposes for which the Personal Data was collected is no longer being served by its retention, and that the retention is no longer necessary for those purposes; and
• (f) The Parties shall designate one or more individuals to be responsible for ensuring that each respective Party complies with the Vietnamese Laws.

Updates to the Privacy Policy

We may amend this Privacy Policy from time to time at our sole discretion. We suggest that you visit our website regularly to keep up to date with any changes.

Contact

If you (a) would like to obtain access and make corrections to your Personal Data records, (b) would like to withdraw your consent to any use of your Personal Data, or (c) have any questions, complaints or feedback relating to your Personal Data or this Privacy Policy, please contact our DPO below:

DPO: NISHIKAWA SHUHEI
　　 vn-privacy@leverages.com