Definitions for Terms
Throughout this policy the following terms have the following meanings:
‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;
‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;
‘personal data’ means any information relating to an individual who can be identified, such as by a name, an identification number, location data or an online identifier. Please refer to the section below regarding what comprise “personal data” within the scope of KAZ Co., Ltd.’s services;
‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;
‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
What is Personal data?
Personal data means any information relating to an identified or identifiable natural person (data subject). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, telephone number, postal address, e-mail address, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Our Legal Bases for Processing your Data Under GDPR
KAZ CO., LTD. processes personal data in relation to its own staff and candidates and is a data controller for the purposes of the Data Protection Laws.
KAZ CO., LTD. will only process personal data where it has a legal basis for doing so:
Consent
KAZ CO., LTD. requires that you give your consent to the processing of your personal data in relation to KAZ CO., LTD.’s services. We believe this explicit consent is essential for both KAZ CO., LTD. and you and ensures both parties clearly understand their rights and the intentions of all involved in the consultation process. This basis for processing is in accordance with Article 6(1)(a) of the GDPR, which states “[you] have given consent to the processing of his/her personal data for one or more specific purposes”
Legitimate Interests
As the operator of the online job-board CareerCross, it is in both KAZ CO., LTD.’s interest and yours, as a candidate, for KAZ CO., LTD. to process your information in order to provide you with the most effective and efficient service. This basis for processing is in accordance with Article 6(1)(f) of the GDPR, which states “processing is necessary for the purposes of the legitimate interests pursued by [KAZ CO., LTD.] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data.”
Contract
Whilst KAZ CO., LTD. does not require a formal contract to be signed by you, the candidate, we believe that there is an agreement between you and KAZ CO., LTD. for KAZ CO., LTD. to provide you with our services. This agreement is made explicit after you provide KAZ CO., LTD. with your personal information for the purposes of KAZ CO., LTD. providing you with services and after you provide your consent for KAZ CO., LTD. to hold and process your information. As such, in accordance with Article 6(1)(b) of the GDPR, KAZ CO., LTD. processes your personal information “for the performance of a contract to which the [you] are party or in order to take steps at the request of [you] prior to entering into a contract”.
Transfer of Information Internationally
KAZ CO., LTD.’s business is based in Tokyo Japan. Our databases are also located in Tokyo and as such, upon receipt of your personal information, it will be transferred quickly (and securely) to our systems hosted there.
In addition, CareerCross is a web site on the world wide web, where clients can access our services from anywhere in the world. As such you should be aware that your information may be downloaded by a client that is not resident in Japan.
Your Rights under GDPR
Under GDPR, the data subject has certain important rights. These include (but are not limited to) the following:
•The right for access to data and data portability
You have the right to receive your personal data, which you have provided to us previously, in a structured, commonly used and machine-readable format. Further you have the right to request us to transmit your personal data to another data controller in circumstances where:
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- The processing is based on your consent or a contract; and
- The processing is carried out by automated mean
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Where feasible, KAZ CO., LTD. will send the personal data to a named third party upon your request.
• The right to have data rectified
You may request KAZ CO., LTD. to rectify any inaccurate or incomplete personal data concerning yourself. If KAZ CO., LTD. has given your personal data to any third parties we will tell those third parties that we have received a request to rectify your personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold. However, KAZ CO., LTD. is not in a position to audit those third parties to ensure that the rectification has occurred.
•The right to “be forgotten”
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- This refers to your right to have your personal data completely deleted from our database, including from any third parties who may have access to that data. Further, the request to “be forgotten” must be as easy as it was to give consent.
- You may request, at any time, to have your personal data deleted completely from all KAZ CO., LTD.’s databases. Upon receipt of such a request, we will ask you whether you want your personal data to be removed entirely or whether you are happy for your details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose data has been erased completely so you may be contacted again by KAZ CO., LTD. should we come into possession of your personal data at a later date.
- If KAZ CO., LTD. has given the personal data to any third parties, it will tell those third parties that we have received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold. However, KAZ CO., LTD. is not in a position to audit those third parties to ensure that the rectification has occurred.
- It should be noted that where there are legal requirements for KAZ CO., LTD. to store data for a certain period of time, related to our business, which includes elements of your personal data, we will not be able to delete that data until after the statutory retention period.
- This refers to your right to have your personal data completely deleted from our database, including from any third parties who may have access to that data. Further, the request to “be forgotten” must be as easy as it was to give consent.
• The right to restrict the processing of your data
You have the right to ask KAZ CO., LTD. to restrict its processing of your personal data where:
- You challenge the accuracy of the personal data we are storing;
- The processing is unlawful but you oppose its erasure;
- KAZ CO., LTD. no longer needs your personal data for the purposes of the processing, but your personal data is required for the establishment, exercise or defence of legal claims; or
- You have objected to processing (on the grounds of a public interest or legitimate interest) pending the verification of whether the legitimate grounds of KAZ CO., LTD. override those of the individual.
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If KAZ CO., LTD. has given your personal data to any third parties we will tell those third parties that we have received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold.