Before accessing and using the Platform's services, User commits and warrants that User has carefully read and fully understood the terms, conditions, representations, warranties and commitments set out in this Policy in respect to the User's information and data collected by Gambaru. User is solely responsible for all responsibilities and obligations arising from a breach of the provisions, commitments, warranties and/ or conditions set forth in this Policy and shall not be waived on the basis that User did not or fails to read and fully understand the contents of this Policy. If User reads and fully understands but objects to this Policy, User shall immediately leave Platform and cease using any Gambaru services.
a. Information that User provides when using Gambaru's services include but are not limited to: personal information: email, name, company name, address, identification code, phone number, location, date birth, gender, photo, self-introduction information, occupation information, profession category, profession level, skills information, occupation status information, desired wages, current wages, job experience including: company name, position, start and end date, description, form of communication, link facebook/ website/ …; education information: university/ college/ …, major, start and end date; language proficiency information; job description information; bank account information, payment gateway account (if necessary); Company information: company name, website link, business lines, country, city, business size, description of the company, email, image; representative’s information: full name, location, gender, email, phone number and other information required to use the Services, features and functions of the Platform as notified and requested by Gambaru from time to time.
b. User’s information that Gambaru collects when User accesses, logs in, experiences and uses services and features at the Platform including but not limited to: transaction history, the User’s tasks and interactions when accessing, storing/ following, creating and/ or performing any activity on the Platform; User’s information and data provided when creating, updating, posting, allowing access, submitting and/ or storing at Platform; project’s information created by User; the User's GPS coordinate information when User authorizes Gambaru to collect in order to use the service; contact information, exchanges, requests, complaints, reviews, feedback, criticism, suggestions, reflections, violation notices from User through communication, connecting with Gambaru via email, phone call, message, written or any other form of communication to Gambaru; third-party’s information provided, introduced, updated by User to Gambaru for the purpose of commercial promotion, service introduction, service use, risk warning, violation notice, settle disputes, settle complaints, opinion proposal, conducting surveys and other purposes from time to time. Therefore, User needs to ensure the legality, truthfulness and accuracy of the information that User provides, introduces, updates to Gambaru and User takes full responsibility and releases Gambaru from any obligations, liability arising from User's breach of this provision.
c. Information Gambaru collects from a third party:
i. Information collected and provided from websites, social networks, or other websites that the User accesses (“Website”); this information is collected by Gambaru when User accesses the Website through the Platform or allows Platform to link to Website. Gambaru suggests that User carefully reads and comprehends about the above Website's information protection policies, privacy policies, terms and conditions before accessing, sharing and providing User's information and data for these Websites. Accordingly, Gambaru cannot control, manage the aforementioned Websites’ collection, share, use and management of personal information and Gambaru will not bear any responsibility, damage and liability arising from acts of failing to ensure the safety of information and data of such Websites.
ii. Gambaru collects or is provided, updated from complaints, criticisms, reviews, reflections, notices, warnings, dispute resolution, mediation, complaints from other users or a third party, the decision or judgment of a competent judicial authority or state agency.
iii. User’s payment information when making payments for payments related to the use of services at the Platform provided to Gambaru by a payment service unit, financial institution, bank.
iv. User's information is provided and collected from official public information sources such as, but not limited to, state agencies’ management portals, information listed at state agency headquarters.
Gambaru collects User information and data in order to establish Gambaru as a convenient platform and to provide the best services to User. In addition to utilizing the User's information and data to support the provision of services, features and functions to the User, the use of the User's information and data will support, but is not limited to, the following activities:
a. Provide, develop, amend, enhance or support the use of services, features, functions and facilities for User on the Platform, as well as the facilities and tasks associated with the use of services are provided through the Platform.
b. Support to connect, provide services, utilities, functions and other arising features from a third party integrated at Platform when User requests to use, experience, access the arising services, facilities, functions and features.
c. Contact User for the purposes of support, service provision, service information provision, response to requirements and inquiries, trade promotion, resolution and response to disputes and complaints arising from User directly related to the use of services at the Platform, risks and dangers warning, update notices of new regulations and policies of Platform and other urgent or necessary cases from time to time.
d. Assist Gambaru in synthesizing, researching, analyzing, updating, evaluating and expanding the scope of information and data in order to identify, predict and estimate potential customers, development strategies and customers/ market segmentation and scope of service provision.
e. Assist in synthesizing, analyzing, determining and studying the effectiveness and efficiency of Gambaru's marketing, services and support activities to enhance, develop and remedy (if any) in order to provide the best experience for User.
f. Send reminders, notices, official letters, documents, proposals, detailed payment requests, invoices, payment schedules and services use plans and instructions.
g. Assist in collection, storage, analysis, collation and comparison in order to make specific assessments for each User account in accordance with Gambaru's programs, regulations and policies from time to time.
h. Authenticate, censor, certify, check and verify User's information and data.
i. Perform data analysis, research and develop the improvement plans to the Platform's service quality, technology and infrastructure.
j. Enhance, improve and upgrade the quality of Platform's acitvities and operation, as well as the User's service experience.
k. For the purpose of maintaining, repairing, investigating, inspecting, verifying or appraising the Platform or survey, collecting and synthesizing User's reviews, criticisms, feedback and comments about the use of services, quality of service, activities and operation of the Platform or Platform’s features.
l. Notify User of Platform's changes and updates, potential collaboration, working and business opportunities that User may or will be interested in and other notices relating to the User's usage and access to the Platform.
m. Serve the purposes of management, requests, orders and decisions of state agencies and regulations of laws from time to time.
n. Send emails, newsletters, announcements introducing products and services that offered and to be offered at Platform by Gambaru or from its affiliates and subsidiaries (if any); notify promotions, trade promotions, notifications of updates, amendments, supplements and improvements to Gambaru's Platform and services from time to time; screen, search, analyze, recommend or suggest services and content that are suitable with demands, needs, requirements, access history and desires of the User.
o. Authenticate, examine, certify, evaluate, verify and manage the information, data and activities that User provides, updates, posts, shares, transmits, performs and creates at Platform.
p. Support or guide on solving technical issues, technical errors, sending invitation codes, creating login accounts, troubleshooting, testing, operating Platform and other technical issues, management and usage of services related to Platform.
q. Support, facilitate and provide organizations and enterprises as Clients to use the tools of searching and managing the stages in the selection process according to Gambaru's general process; managing information, data and activities performed and created on the Platform; posting service requests; searching and looking up the list of existing candidates are Talents or proposals that match the posted service request information or search requests; managing the selection process for each candidate and managing the selected personal information; searching and checking the candidate’s information; sending interview invitations, evaluating and updating results; and sending offer letter.
r. Assist in completing the selection process; assist in providing a tool to approve or decline service proposals.
s. Support in finding alternative candidate information if Talent and Client do not agree or decide to cease cooperation after two weeks (14 working days) of agreement or earlier.
t. Assist User as Client in transferring work equipment, tools and documentation upon Client's request.
u. Assist in conducting Talent interviews upon Client's request and Gambaru receives payment from Client at the rate specified in Gambaru's policy, agreement or Gambaru’s notification from time to time.
v. Provide courses, capacity-building events based on the needs, desires, actual situations and at Gambaru's solely discretion from time to time.
w. Support in monitoring and managing payment execution in accordance with the service agreement between the User and Gambaru’s regulations, payment schedule of Gambaru based on the agreement between Users.
x. Prevent and eliminate information and activities that violate laws, Gambaru’s policies and regulations, as well as infringe on the rights of third parties.
y. Support in preparing profile, creating an account, verifying User account; managing User's data, activities, transactions, payments and service processes that occur at Platform.
z. Other usages when User's consent is obtained.
Gambaru understands that User's information is a critical component of its business, and it will not be sold or transferred to any other third party. Except in the following cases, Gambaru will not share or allow access to User information:
a. Provision to third parties for the User's use of services on the Platform including but not limited to: Gambaru's subsidiaries and affiliates; hosting service provider; Payment intermediary service providers, banks, financial institutions; Telecommunications service providers; employees, managers, customer care department, accountants, marketers who need access to information to conduct their jobs and provide services to User; Providers of data analysis services; providers of fraud investigation services; providers of SaaS services; providers of marketing services; providers of financial analysis services; and providers of technical consulting services and other Users needs information in order to make transactions and engage into agreements through Platform; Provider of storage, network, and maintenance (collectively referred to as "Third Parties"). Accordingly, Third Parties accessing the User's information will comply with the guidelines, regulations, principles and directions stated in this Policy and only for the purposes related to the provision and use of Platform services and within the scope of use stated in this Policy.
b. To protect the rights and benefits of Gambaru and other third parties when they are convinced that the disclosure of such information is in compliance with the laws, protecting the rights and property of User, Gambaru or other third parties.
c. Request from a jurisdiction authority, arbitration or state agency for dispute resolution or compliance with the law.
d. In case Gambaru performs a merger, consolidation, sale, transfer of all or part of Gambaru's assets, acquisition, bankruptcy or similar events, the User's information and data may be transferred to the successor.
e. In other situations of sharing User's information and data, Gambaru will notify User prior to such disclosure and sharing and will only conduct the provision of information upon User's approval.
Gambaru utilizes the method of storing a copy of the User's information on a Cloud server for a period equal to the time the User continues to maintain the User's account on the Platform or the User continues to maintain a transaction created through the Platform or a transaction created outside the Platform but directly or indirectly related to the use of the Platform for which Gambaru needs the User's information and data in order to provide services and support or comply with Gambaru's legal obligations or to resolve disputes related to User or protect the legitimate interests of Gambaru, Users or other third parties.
To ensure the safety of the User's information and data, User needs to ensure that the devices including but not limited to: Laptop, computer, tablet, mobile phone (“Device”) can be accessible, served for conducting tasks and must be satisfied the following requirements before participating in the project:
a. Security of device
i. Ensure to install and apply the latest version auto-update features on the operating systems in use. For operating systems including but not limited to Windows, Mac, Ubuntu shall have its own processes, regulations and policies related to security updates, patches for new versions are available, so User must actively follow and ensure that the above operating systems of the User are continuously updated to ensure the stability and security of information and data.
ii. Ensure that anti-virus software for the Device is installed and updated periodically. Anti-virus software is always updated quickly to patch flaws and add necessary layers of protection. Therefore, User should actively and continuously follow and ensure that the anti-virus software for the Device is updated to ensure the Device's safety and security.
iii. Turn off the auto-login function to avoid the risk of another third party opening, accessing, logging into User’s Device to view, steal, search, access, lookup, approach to User’s information, documents and data updated, posted, provided and stored on Platform.
iv. For the Device running Windows operating system, User should ensure to apply and update the firewall feature to ensure timely detection and prevention of malicious codes, viruses and malware.
v. User makes sure to use the password which is strong enough, not weak, not easy-to-search (make sure the password has 8 characters or more, including lowercase, uppercase and special symbols) to ensure security, safety of the password information and reduction of risk of password information being easily looked up, searched, predicted and stolen. Furthermore, due to the increased danger of information theft, User should not save passwords on computers or other electronic devices.
vi. Do not install or access softwares, links or domain names of unknown origin from any internet sources or unofficial sources to avoid being infected with viruses, malicious code from the Internet or being attached to malware. User should comply with intellectual property regulations and only install and use software that is clearly copyrighted.
vii. Turn off services, shared folders on the Device. Accordingly, the folders on the Device may have the function of sharing to the outside, allowing others to access, approach, use and steal information and data. Therefore, in order to safeguard information and data, User should be vigilant and ensure that these services are turned off when not in use to prevent a third party from accessing and approaching User’s information and data.
viii. Turn off the Device when not in use for an extended period of time to extend its life; continual running might cause the Device to break.
b. Security of connection
i. Ensure Internet connection speed of at least 10 Mbps: Because all activities take place online when working remotely, User must ensure a stable and fast connection speed so that User's activities are not disrupted.
ii. Always use a VPN when using public WiFi: When accessing internal information and data, User must use a VPN to ensure data encryption from personal to corporate devices.
iii. Do not access websites/ links with unusual signs, unknown origin sent from email, internet, text messages or any other source so as not to have information and data stolen or hijacked to log in. User must be cautious and carefully check websites/ links received from emails/ messages/ internet or other sources before accessing to avoid possible infection with viruses, malicious code from the Internet.
c. Backup plan:
i. Make sure the Device has installed the (hard) drive encryption to protect information and data. In case the Device is stolen or lost, the User's important data and information will not be disclosed to the outside.
ii. Ensure a plan to remotely delete data when the Device is stolen: User can use cloud storage to be able to protect data when the Device is stolen or lost. For example: enable iCloud features on Mac OS;…
iii. Make sure to have a backup plan for important data: Electronic devices are always subject to certain risks such as damage and theft, so backing up data and storing it on multiple devices will ensure the safety and always have data to implement the tasks.
a. User has the right to approach, access and check User’s personal information directly at the account provided to access the Platform or contact Gambaru to check if User can not directly approach, access and check User’s information.
b. User has the right to approach to amend and adjust certain information by logging in and amending directly at the Platform through the Device; or contact directly Gambaru to make such the amendment and adjustment; For information that cannot be amended by themselves, User can contact Gambaru support for guidance and assistant; User agrees that when using services on Platform provided by Gambaru, some of the User's information will not be arbitrarily amended and adjusted including but not limited to information about phone number, User’s login email.
c. User is entitled to access, approach or contact Gambaru directly to conduct the deletion or destruction of certain information; For User’s information that cannot be deleted or destroyed arbitrarily, User may contact Gambaru for guidance and support; User agrees that when using the services on the Platform provided by Gambaru, some User’s information shall not be deleted or destroyed, including but not limited to information about phone number, login email of User.
d. User has the right to request to temporarily stop, limit, resist or apply measures to prevent the behavior of accessing, approaching and processing User’s information and data that User has evidence to prove by documents, images or any other form of evidence with legal value that such behavior does not meet the purpose and scope of using information and data as specified in this Policy; and/ or the information and data provided by User is not accurate, correct and legitimate.
e. Please note that deleting or canceling a User's account will not lead to the deletion of all User information and data from Gambaru's database and storage. Accordingly, Gambaru still reserves the right to store certain amounts of User’s information and data, which are necessary to provide related services, support or to comply with Gambaru's legal obligations or to resolve other disputes related to User or protecting the legitimate interests of Gambaru, User or another third party. In case Client and Talent terminate the agreement entered into through or originating from Platform, Client and Talent must provide written notice of termination with a scanned copy of the signed termination agreement between the parties to Gambaru, so that Gambaru has the base to stop storing and collecting User's information.
f. User has the right to request notification from Gambaru of third parties with whom Gambaru is sharing information.
g. User has the right to request that User's information and data be displayed and stored in a accessible, structured, commonly used and readable format.
h. User has the right to choose to agree or not agree to provide information and data for the automatic information collection at Platform. Accordingly, User agrees that in case User does not agree to provide certain information collected automatically on Platform which will limit User’s right to use, experience and access with features, functions, services, utilities that such features, functions, services and utilities need such information and data from User to operate and implement.
a. Gambaru ensures that the User's information is stored in the cloud data (Cloud server) and is applied encryption measures and other necessary technical measures to ensure that the User's information is completely secure. However, User still has the responsibility to protect User against access to password information and to meet the requirement of Device safety ensurance as set forth in this Policy.
b. Gambaru only permits Third Parties entitled, in accordance with this Policy, to access information and may only do so to provide the functions, purposes and works directly related to the use of the Platform service and other cases provided in this Policy; in addition, Gambaru does not use, transfer, provide or disclose User’s information to any other third party without the consent of such User.
c. In case the information storage system is attacked, affected by the virus leading to the loss of the User's data, Gambaru will be responsible for notifying to the competent authorities to promptly investigate and handle it and notify User.
a. User agrees to be fully responsible for and to hold Gambaru harmless from all liabilities, obligations, losses, damages, expenses arising from the following cases:
i. User does not warrant the truthfulness, accurateness, legality and completeness of the information, description and data that User posts, provides, updates and stores at the Platform.
ii. User uses, posts, shares, transmits, stores information at the Platform that infringes upon the legitimate rights and interests of a third party, violates Gambaru's regulations, is illegal, threatening, reactionary, abusive, libelous, defamatory, pornographic, non-aesthetic, offensive or any other type of improper information.
iii. User fails to fully, accurately and truthfully update User-related information as required and regulated by Gambaru; Failure to notify or continuously update the information if there are any changes to the User's information at the Platform.
iv. User fails to immediately inform Gambaru from the time User detects the unauthorized use, abuse, breach of security, store the User's registered account for parties to cooperate in timely handling.
v. User is irresponsible for the security and retention of information, data, service usage activities under the registered account provided by Gambaru at Platform.
vi. User fails to comply with and implement the provisions of laws and regulations of Gambaru when using Gambaru's services.
vii. Client fails to check, appraise and ensure that the information provided and updated by Talent is accurate, honest, factual and in compliance with the laws. Accordingly, Gambaru is not the party who makes the direct decision to select candidates, so Gambaru does not warrant the accuracy of the information and data provided and updated by Talent.
viii. User commits other violations specified in this Policy or required by laws.
b. In accordance with the provisions of this Policy, User agrees that Gambaru has the full right to adjust, edit or delete information and data that violate this Policy without prior notice to User.
Gambaru does not provide services and serve any specific needs to persons under 18 years old. Gambaru does not directly or indirectly collect any information and data from persons under 18 years old. Parents and guardians of persons under 18 years old must always supervise and monitor the activities of the aforementioned persons under 18 years old. In the event that Gambaru detects or is warned that Gambaru has collected or received information and data from persons under 18 years old or received information and data of persons under 18 years old from a User or a third party through the login account provided by Gambaru, Gambaru will immediately remove such information and data from the Platform. In any event that any User detect any information of persons under 18 years old provided at Gambaru directly or indirectly, please immediately contact at the email address of email@example.com (for Talent) and firstname.lastname@example.org (for Client) so that Gambaru can take appropriate action.
a. Post repetitive information (spam) on the same or different categories.
b. Change the posting content for fraudulent reviews or scams.
c. Post, transmit, store, provide information to create spam, to disrupt or to discredit the services provided by Gambaru; reactionary, anti-religious, pornographic, violent, going against the customs, traditions and culture; information that offends or taunts other organizations/ individuals in any way.
d. Disseminate information that violates regulations: heroin usage, ecstasy, murder, robbery, etc.
e. Encourage and advertise the use of harmful products and other prohibited content in accordance with the laws.
f. Copy, modify, reproduce, create new work or regenerated versions on the basis of Gambaru’s Platform.
g. Sell, transfer, sublicense, disclose or otherwise transfer or give all or part of the Platform to any third party.
h. Redesign, convert, disassemble, modify, reverse engineer the design and the content of Gambaru's Platform.
i. Change or cancel the original state of Gambaru's Platform.
j. Use the Platform to commit any acts that harm Gambaru's network security, including but not limited to, unauthorized data usage or unauthorized access to system servers or accounts; access the network to delete, edit or add information; distribute malicious programs, viruses or conduct any other action to harm or destroy the network system.
k. Use the Platform to post, transmit or store information that violates the laws, ethics, culture or history.
l. Disclose any other personal or organizational information, including but not limited to address, phone number, e-mail, credit card number or any other information that may be used to track, contact or impersonate that individual or organization.
m. Attempts to impersonate any other party including, but not limited to, User using the Platform of Gambaru.
n. Defraud Gambaru or other Users, especially in an attempt to take the sensitive account information such as other Users' passwords.
o. Use the Platform of Gambaru to use, post, transmit or store any content that infringes any third party's intellectual property, trade secret or legal rights.
p. Use the Platform or other services provided by Gambaru in any unlawful manners or for any illegal purposes.
q. Other acts that violate Gambaru's regulations; laws; or infringe upon the interests of a third party.
a. General dispute resolution process and mechanism:
If a complaint and dispute arising from User against Gambaru, the dispute resolution occurs through the following steps:
Step 2: Gambaru will receive User's complaints and requests, depending on the nature and extent of the complaint and request, Gambaru will take specific measures to support User to resolve that dispute. In case the User's inquiries and complaints are within the ability and competence to settle of and relate to Gambaru, Gambaru will actively contact and respond User through the contact information provided by User when creating an account. In the event that a User's complaint or request is directly related to another User, Gambaru will transfer the complaint and inquiries to that User.
Step 3: Gambaru requires User to provide sufficient information related to the complaint including: Complaint matter, documents, evidence, email proof and Specific request (for example: indemnification; apologize etc.); and other legal proofs and evidence.
Step 4: If a dispute or complaint is beyond Gambaru's ability and competence, or if parties are unable to resolve it through mediation, Gambaru will suggest that User bring this issue to the competent authority to settle according to laws.
The term of receiving and processing the complaint is 07 (seven) working days from the time Gambaru receives the complaint from User. The time may be extended, depending on the actual situation and the seriousness of the issue, which requires a longer time to investigate, research and ascertain, but not exceeding 02 (two) months from the date of receipt of the complaint from User.
Dispute resolution process and mechanism between Users: The settlement of disputes and complaints between Users will comply with the agreement and regulations between those Users. Gambaru will assist in providing information if Gambaru considers that the provision of information is necessary to assist in the settlement of disputes between the parties.
According to this Policy, a working day is understood as Mondays to Fridays based on the administrative time regulations of Japanese laws and Japan's time zone (GM+9) and working day does not include public holidays in accordance with Japanese law.
b. Sanctions applied when violating
Depending on the severity of the User's violation, Gambaru will apply one or more of the following measures to User:
i. Gambaru has the right but not the obligation to send notice of violation and request remedy within a specified period of time in accordance with Gambaru's notice of User's violation.
ii. Adjust, edit, remove or delete information, data, posts that User provides, posts, stores, transmits, updates to the Platform in violation of the Policy, the laws without prior notice.
iii. Request User to be liable for damages to Gambaru or a third party affected by the User's violation.
iv. Suspend temporarily, permanently or terminate the User's account.
v. Block or restrict access rights to User’s account and/ or block features integrated in the Platform, at any time, with or without prior notice, If User violates the Platform’s Policy.
vi. Bring the case to the competent state authority if the violation is serious or cannot be remedied.
a. No security measure or technology is absolute. Therefore, information can only be secured by the efforts of all parties involved.
b. Gambaru accepts no responsibility for any damage or loss (if any) resulting from the User's failure to comply with Gambaru's policies and/ or if personal information is disclosed by no fault of Gambaru.
c. This Policy solely applies to Gambaru's Platform and has no effect on third parties that display advertisements or have links on the Platform.
d. If User does not agree with the terms of the Policy, Gambaru recommends that User shall not send, provide, update information and data to Gambaru.
e. If any part of the Policy is held invalid for any reason, the invalidation shall not affect the remaining provisions of the Policy.
f. Gambaru may assign rights and obligations under this Policy, in whole or in part, and Gambaru may also authorize the performance of any Gambaru’s obligations under this Policy. User may not assign its rights and obligations under this Policy in whole or in part, nor assign or sublicense the User's rights under the Policy to any third party.
g. Even if the User or Gambaru deletes or destroys any of the User's content, information and data, the copies of such content, information and data of the User may still be stored in cache or database, storage of any individual or organization with which the User conducts transactions through the Platform and that individual or organization has copied or separately stored User’s information, data and content, unless, such individual or organization has deleted or destroyed the User's information and data. Gambaru recommends that User consider and provide any information that User does not wish to be made public.
a. Gambaru reserves the right to modify, change or amend the terms, conditions and provisions of this Policy at any time as it deems appropriate. Whenever Gambaru changes these Terms, the changes will become effective immediately upon the posting of such revised regulations, terms and conditions by Gambaru (indicated by the updated date at the top of this Policy). User has the responsibility to regularly review the Policy and decide whether to continue using the Service after any changes to the Policy and whether or not User has reviewed them, User has accepted and is legally bound to the changes under this Policy.
b. Gambaru reserves the right to refuse any request to negotiate, amend, discuss or prove the reasonableness and legality of this Policy or Gambaru's policies in relation to the provision of services to User.
c. This Policy is drafted in English and may be translated into other languages for the convenience of the User. If the translated (non-English) version of this Policy conflicts in any way with the English version of the Policy, the English version shall prevail.
Address of the unit that collects and manages User's information:
Company Name: GANTY Inc.
Business code: 10110-01-057176
Address: 6F the ARGYLE Aoyama, 2-14-4 Kita-Aoyama, Minato-ku, Tokyo
Tel: +81 3-4530-6338