横木増井法律事務所

PRIVACY POLICY

The individual attorneys who belong to Yokogi & Masui Partners and the legal professional corporation that each of the relevant attorneys serves as a corporate member have established the following privacy policy regarding the treatment of personal information and will comply with this policy.

1. Definitions

  1. The “Attorneys” means the individual attorneys who belong to Yokogi & Masui Partners and the legal professional corporation that each of the relevant attorneys serves as a corporate member; and
  2. The “Purpose of Use” means the purpose of use of personal information set forth in “3. Purpose of Use of Personal Information”.

2. Acquisition of Personal Information

The Attorneys may acquire the personal information and special care-required personal information for the Purpose of Use in accordance with the Act on the Protection of Personal Information of Japan.
Special care-required personal information means any of the information set forth below:

  1. race;
  2. creed;
  3. social status;
  4. medical history;
  5. criminal history of an individual or the fact that the individual is a crime victim;
  6. the fact of having physical disabilities, intellectual disabilities, mental disabilities (including developmental disabilities), or other physical and mental functional disabilities prescribed by rules of the Personal Information Protection Commission of Japan;
  7. the results of a medical check-up or other examination (referred to as a “medical check-up etc.” in the succeeding item) for the prevention and early detection of a disease conducted on a principal by a medical doctor or other person engaged in jobs related to medical care (referred to as a “doctor etc.” in the succeeding item);
  8. the fact that guidance for the improvement of the mental and physical conditions, or medical care or prescription has been given to a principal by a doctor etc. based on the results of a medical check-up etc. or for reason of disease, injury or other mental and physical changes;
  9. the fact that an arrest, search, seizure, detention, institution of prosecution or other procedures related to a criminal case have been carried out against a principal as a suspect or defendant; and
  10. the fact that an investigation, measure for observation and protection, hearing and decision, protective measure or other procedures related to a juvenile protection case have been carried out against a principal as a juvenile delinquent or a person suspected thereof under the Juvenile Act of Japan.

3. Purpose of Use of Personal Information

The Attorneys will use the personal information for the following purposes. Provided, however, that the use of personal information is permitted under the Act on the Protection of Personal Information of Japan or any other relevant law or regulation, the Attorneys will use the personal information for any purpose other than those listed below.
(1) Provision of legal services by the Attorneys:

  1. conduct of litigation and other legal proceedings, resolution of consulted matters and conduct of legal services by the Attorneys such as the provision of the legal advice;
  2. conduct of the operation associated with (a) above such as invoicing of legal fees etc.;
  3. conduct of business and operation by the Attorneys; and
  4. any other purposes incidental to the above purposes.

(2) Provision of legal information or other information regarding legal services provided by the Attorneys:

  1. communication of documents and e-mails such as letters of greeting including season’s greetings, newsletters etc.;
  2. invitations to, or receipt of applications for enrolment in seminars etc.;
  3. provision of information regarding the legal services provided by the Attorneys; and
  4. any other purposes incidental to the above purposes.

(6)Use for other purposes that the Attorneys separately notify, disclose or state.

  1. (3) Provision of personal information to third parties in accordance with “4. Provision of Personal Information to Third Parties” below.
  2. (4) Shared use of personal information in accordance with “5. Shared Use of Personal Information” below.
  3. (5) Handling of the personal information, if the Attorneys are entrusted to handle the personal information by the clients, based on the relevant entrustment.

4. Provision of Personal Information to Third Parties

With the exception of the following cases, the Attorneys will not provide personal information to third parties:

  1. cases in which the prior consent of the concerned person is obtained;
  2. cases in which the provision of personal data is based on laws and regulations;
  3. cases in which the provision of personal data is necessary for the protection of the life, body, or property of an individual and in which it is difficult to obtain the consent of the person;
  4. cases in which the provision of personal data is specially necessary for improving public health or promoting the sound growth of children and in which it is difficult to obtain the consent of the person;
  5. cases in which the provision of personal data is necessary for cooperating with a state organ, a local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations and in which obtaining the consent of the person are likely to impede the execution of the affairs;
  6. cases in which the Attorneys handling personal information entrust the handling of personal data to third parties in whole or in part within the scope necessary for the achievement of the Purpose of Use;
  7. cases in which personal data is provided as a result of the succession of business in a merger or otherwise;
  8. cases in which the personal data is provided in accordance with Article 23, Paragraph 5, Item 3 of the Act on the Protection of Personal Information of Japan; and
  9. any other cases in which the provision of personal data to third parties is permitted in accordance with the Act on the Protection of Personal Information of and other laws and regulations.

5. Shared Use of Personal Information

The Attorneys will share the use of the personal information in accordance with the following:

  1. Items of personal information for shared use
    All of personal information that the Attorneys possess
  2. Scope of the users to share the use
    The Attorneys
  3. Purpose of use by the users
    The Purpose of Use
  4. Person who is responsible for management of the personal information for shared use
    The Attorneys

6. Requests for Notification of Purpose of Use, Disclosure, Correction, Discontinuation of Use or other Treatment of Personal Data

With respect to any personal data held by the Attorneys, if the Attorneys receive requests on the matter of disclosure, correction, addition or deletion of content, discontinuation of use, deletion of use, suspension of provision to third parties, or notification of purpose of use pursuant to the provisions of the Act on the Protection of Personal Information of Japan, the Attorneys will first verify that the request is actually being made by the principal, and upon verification, will respond to the request in accordance with the provisions of the Act on the Protection of Personal Information of Japan.

7. Security Control Measures

  1. The Attorneys will take all measures that are necessary and appropriate to prevent leakage, loss and impairment etc. of personal data and will ensure the appropriate management of personal data.
  2. The Attorneys will educate employed staff on the matter of appropriate handling of personal data and will supervise employed staff as appropriate.
  3. The Attorneys will, in case of entrusting the handling of personal data, exercise supervision over an entrusted party so as to appropriately manage personal data of which the handling has been entrusted.

8. Use of Cookie and Other Related Technologies

The Attorneys may use Cookie and other related technologies on the website which the Attorneys manage. Those users of the relevant website may disable the cookie on their browser. However, please note that a part of the functions on the website will be unavailable for use once the cookie has been turned off.

9. Inquiries

With regard to any comments, questions, complaints and other inquiries regarding the treatment of personal information, please contact the following:
E-mail:info@ym-partners.com

【Notes to all the clients】

When the clients consult to the Attorneys or request legal service to the Attorneys, the clients need to agree to this privacy policy. If the clients do not agree to this privacy policy, the Attorneys cannot provide any legal service.
In addition to 1. through 9. above, the following items (a) through (h) will be applied to each client to consult to the Attorneys or request any legal service to the Attorneys.

  1. The Attorneys may handle personal information (including personal information of third parties as well as personal information of clients’ own) in the course of responding to inquiries and requests from clients (hereinafter collectively referred to as “Requests, etc.”). In this case, the Attorneys will handle the relevant information as trustees entrusted by the clients regarding handling of personal information.
  2. When providing personal information to the Attorneys, the clients are required to take all measures that are necessary and appropriate to prevent leakage of personal information in the course of providing the relevant information.
  3. In the event that the clients acquire personal information of third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys, the clients are required to appropriately notify, announce or clarify the purpose of use in accordance with Article 18, Paragraph 1 and 2 of the Act on the Protection of Personal Information of Japan when necessary.
    (example)
    Specific example regarding “In the event that the clients acquire personal information of third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys” mentioned above includes the case that the personal information of the other party’s own or the related party is described on the documents that the Attorneys entrusted by the clients receive from the other party.
    Also, the clients are required to perform procedures to change the purpose of use in accordance with Article 18, Paragraph 3 of the Act on the Protection of Personal Information of Japan when necessary.
  4. The Attorneys may acquire the personal information and special care-required personal information (See “2. Acquisition of Personal Information” for details regarding the special care-required personal information) from the clients or third parties in the course of responding to Requests, etc.
  5. In the event that the clients acquire the special care-required personal information of third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys, the clients are required to acquire the agreement of the relevant third parties in accordance with Article 17, Paragraph 2 of the Act on the Protection of Personal Information of Japan when necessary.
    (example)
    Specific example regarding “In the event that the clients acquire the special care-required personal information of third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys” mentioned above includes the case that the clients acquire the medical history or the criminal history of the other party or the related party by themselves or by entrusting the Attorneys in the course of collecting the evidence of the disputes.
  6. In the event that the clients provide personal information of third parties to the parties other than the relevant third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys, the clients are required to acquire the approval of the relevant third parties in accordance with Article 23, Paragraph 1 or Article 24 of the Act on the Protection of Personal Information of Japan when necessary.
    In that case, the clients are required to prepare and restore the records such as date when the clients provide personal data or other records in accordance with Article 25, Paragraph 1 or 2 of the Act on the Protection of Personal Information of Japan when necessary.
    (example)
    Specific example regarding “In the event that the clients provide personal information of third parties to the parties other than the relevant third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys” mentioned above includes the case that the clients submit the documents, to the court by themselves or by entrusting the Attorneys, on which the personal information of the other party or the related party are described.
    It is explained in the Questions 10 through 13 of “Q&A regarding ‘Guideline regarding the Act on the Protection of Personal Information’ and ‘Actions in cases of leakage etc. of personal data has occurred’ ” that “providing evidence, etc. to attorneys or courts which includes personal data of the other party of the lawsuit will fall within Article 23, Paragraph 1, Item 2 of the Act on the Protection of Personal Information of Japan and the obligation of preparing and restoring records will not apply, because it is generally difficult to acquire consent from the other party”. Therefore, in many cases, submitting documents which include the personal information of the other party to the court by entrusting the Attorneys does not seem to require the clients to acquire consent from the other party.
    On the other hand, there may be considerable cases that the clients need to acquire consent from the relevant party if the clients submit documents which include the personal information of a related party other than the other party to the court by entrusting the Attorneys.
  7. In the event that the clients are provided personal information of third parties by the parties other than the relevant third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys, the clients are required to check the background of acquiring personal data in accordance with Article 26, Paragraph 1 of the Act on the Protection of Personal Information of Japan when necessary.
    In that case, the clients are required to prepare and restore the records such as date when personal data is provided to the clients or other records in accordance with Article 26, Paragraph 3 or 4 of the Act on the Protection of Personal Information of Japan when necessary.
    (example)
    Specific example regarding “In the event that the clients are provided personal information of third parties by the parties other than the relevant third parties relating to the Requests, etc. by themselves or by entrusting the Attorneys” mentioned above includes the case that the personal data of the other party or the related party is described on the documents that the Attorneys entrusted by the clients receive from the other party.
  8. When the clients entrust the Attorneys to handle personal information, the authorization on the matter of disclosure, correction, addition or deletion, discontinuation of use, deletion of use, suspension of provision to third parties of personal information is not assigned to the Attorneys from the clients, but the authorization shall continue to belong to the clients.

【Notes regarding recruitment activities conducted by the Attorneys】

When the applicants wish to apply for the position as an attorney or an employee that the Attorneys offer, the applicants should agree to this privacy policy. If the applicants do not agree to this privacy policy, the applicants cannot apply for the position as an attorney or an employee that the Attorneys offer.
In addition to 1. through 9. above, the following items (a) through (h) will be applied to the personal information that the Attorneys acquire in connection with the recruitment activities (hereinafter referred to as “Personal Information of Applicants etc.”).

(a) The Attorneys may use the Personal Information of Applicants etc. to achieve the following purposes. Provided, however, that the use of personal information is permitted in accordance with the Act on the Protection of Personal Information of Japan or any other relevant law or regulation, the Attorneys will use the Personal Information of Applicants etc. for any purpose other than those listed below.

  1. Consideration and decision of hiring;
  2. Consideration and decision of the terms and conditions of hiring or employment;
  3. Responding to inquiries regarding the recruitment activities of the position as an attorney or an employee that the Attorneys offer;
  4. Contact regarding the recruitment activities of the position as an attorney or an employee that the Attorneys offer;
  5. Other purposes relating to the recruitment activities of the position as an attorney or an employee that the Attorneys offer; and
  6. Purpose of use that the Attorneys separately notify, disclose or state.

(b) In the event that 1. through 9. above is applied regarding the Personal Information of Applicants etc., the Purpose of Use shall mean the purpose of use of the personal information as set forth in (a) above.

Established on May 30, 2017
Amended on June 5, 2017
Amended on June 21, 2017