Terms and Conditions
Tsubaki Nakashima One Team Management System – Website and Software
Last Updated: November 2018
This agreement governs your use of TN websites, Software and Apps services.
By accepting this agreement, by executing a form – page - process that references this agreement, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not use the services provided by the Software – Application – Processes.
1. Definitions
1.1. In these Terms, the following words shall have the following meanings:
Appropriate Safeguards: means such legally enforceable mechanism(s) for transfers of personal data as may be permitted under Local/Regional Data Protection Laws from time to time;
Content: any information, data and/or material uploaded into the software - application by you, your employees and/or representatives, or by TN on your behalf, including (without limitation) any text;
Data Protection Laws: means as applicable and binding on you and the Company, any applicable laws replacing, amending, extending, re-enacting or consolidating any of the Local/Regional/National Data Protection Laws from time to time;
Data Protection Losses: means all liabilities, including all: (a) costs (including legal costs), claims, demands, actions, settlements, interest, charges, procedures, expenses, losses and damages (including relating to material or non-material damage); and (b) to the extent permitted by an applicable law: (i) administrative fines, penalties, sanctions, liabilities or other remedies imposed by a Supervisory Authority; (ii) compensation which is ordered by a Supervisory Authority to be paid to a data subject; and (iii) the costs of compliance with investigations by a Supervisory Authority;
Data Subject Request: means a request made by a data subject to exercise any rights of data subjects under Local – Regional - National Data Protection Laws;
Company: The Company operating under the name “Tsubaki Nakashima” or such other name (One Team Management System, One Team, etc.) as we may determine from time to time;
Personal Data Breach means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any personal data for which you are the data controller;
Supervisory Authority means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Laws;
1.2. All references in these Terms to "processing", "personal data", "data controller", data processor", and "data subject" shall have the meaning given to them in the applicable Data Protection Legislation, at all levels.
2. Commitment and Obligations
2.1. Starting to use the Software and Application you agree that you will:
a. comply with any process, procedure, instruction or direction issued by the Company and related to the Software, Application and Processes;
b. conform to such protocols and standards;
c. treat as confidential all the information obtained during the use of the Software, Application and Processes in the full respect of the Data Protection Regulations
d. ensure that all Content (including without limit any description, date or information relating to the Content) uploaded by you is accurate, fair and up to date;
2.2. You agree that you will not (and you will ensure that your employees and representatives do not) access and/or use the Software and Application for any unlawful purpose or in contravention of any local Regulation, TN Policy or other law.
3. Termination
We shall be entitled (at our discretion) to suspend or terminate your access to and your right to use the Software, Applications and Processes at any time, if you commit a material breach of these Terms and proceed with a disciplinary action.
Also, in that case, all the data concerning you will continue to be stored in the systems.
4. Confidentiality
4.1. You accept that we may, in accordance with legal requirements, have to disclose information to third parties, for example governmental organisations (including the police), in respect of and/or in connection with your access and/or use of the Software, Application and Processes. Subject to any legal prohibitions to the contrary we will notify you of such disclosure as soon as reasonably possible.
4.2. Each of the Users shall, while they are accessing and providing access to the Software, Applications respectively under these Terms and thereafter, keep secret and confidential all personal, business, technical or other information disclosed to one of the Company by the other.
5. Governing law and jurisdiction
5.1. These Terms shall be governed in all respects by and be construed in accordance with the law (including all non-contractual disputes or claims arising out of the subject matter of these Terms). Any claim or dispute arising from or related to these Terms (including their enforcement or their termination) shall be subject to the non-exclusive jurisdiction of the courts of Japan.