Volunteer Translators and Volunteer Translation Editors: Terms of Service

1. Introduction
1.1 This Translator Agreement (“this Agreement”) is entered into between 福島県観光物産交流協会Fukushima Prefecture Tourism and Local Products Association (an association located at 1-20 Mikawaminamimachi, Fukushima-shi, Fukushima-ken, 960-8053 Japan) (“Association”) and you (“You”), and describes the terms and conditions of Your participation in the Fukushima Prefecture Volunteer Translator Community (“Community”) as a volunteer translator and/or translation editor using the Web Translation Service (the “Service”) provided by the Association.

1.2 This Agreement is effective as of the date that You first register as a translator via the online registration form. By logging in and accessing the translation portal (i.e. using the Service), You agree to be bound by this Translator Agreement, including the Non-Disclosure Agreement (NDA). If You do not agree with the terms of this Agreement, You may not use the Service.

1.3 You agree to be bound by the latest version of the Agreement and other terms and conditions provided by the Association.
Changes to the Agreement retroactively cover any translation work done prior.

2. Definition of Terms
2.1 “You” means you as an individual.

2.2 “Customer” refers to a person who is a registered user of the Service that seek to use the Services.

2.3 Volunteers:
2.3.1 Volunteer Translator (“VT”) refers to a user registered as a VT who engages with the Association to provide source text translations from Japanese to the requested language for the Service.
2.3.2 Volunteer Translation Editor (“VTE”) refers to a user registered as a VTE who engages with the Association to provide proofreading and edits to Draft Translated Materials that a Translator has submitted for the Service.

2.4 “User” refers to persons or entities who access the website of the Service (www.tif.ne.jp/honyaku) and use its services (including webpage browsing).

2.5 “Staff” refers to staff of Fukushima Prefecture Tourism and Local Products Association who manage the Web Translation System.

2.6 “Draft Translated Materials” refers to the translated materials submitted by the VT.

2.7 “Proofread Translated Materials” refers to the translated materials submitted by VTE from the Draft Translation Materials provided by the VT.

2.8 “Translation Result” refers to the materials provided back to the Customer to fulfill the translation service request. Staff produce and provide these materials by checking and editing the Proofread Translated Materials as necessary.

2.9 “Customer Materials” refers to the source text for translation by the Service, and any guidelines, glossary and other materials provided by the Customer.

2.10 “Customer Information” refers to the any information about a Customer provided to You through the Service.

3. Overview
3.1 You are volunteering to help the Association through completing translation tasks as part of the Service and will not be paid.

3.2 All information You receive as a part of the Service from Customers or from the Association shall be held as confidential.

3.3 Upon submission of Draft Translation Materials or Proofread Translation Material to the Service, you hereby confer all rights and title to the provided materials to the Association.

3.4 You may use this Service as a VT provided that You are a Native English speaker who currently lives (or has previously lived) in Fukushima Prefecture, with equivalent Japanese proficiency of Japanese Language Proficiency Test’s N3 Level or above.

3.5 You may use this Service as a VTE if You are a Native English speaker who currently lives (or has previously lived) in Fukushima Prefecture, with equivalent Japanese proficiency of Japanese Language Proficiency Test’s N2 Level or above.

3.6 This Agreement may be amended without prior notice.
Please check the latest contents of the Agreement via the Profile page.
3.6.1 Any continued participation in the Community after these amendments shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.
3.6.2 If any provision of this Agreement is declared invalid, the rest of the Agreement will be deemed fully enforceable.
3.6.3 If You do not agree to the modified terms, You should discontinue Your use of the Service.

3.7 Features of the WEB Translation Service may be modified or removed without prior notice.

4. Non-Disclosure Agreement
4.1 You shall treat all Customer Information and Customer Materials as confidential information, and shall not use either Customer Information or Customer Materials provided to you for any purpose other than providing translations to the Association via uploads on the Service.
4.1.1 Information that is made publicly available and can be acquired separately or through a third party is not covered by this NDA.

4.2 You may not use, mention, or discuss any Customer Information, outside of direct communication with Staff). This includes, but is not limited to: posting Customer Information on public sites or social media, including on the Fukushima Prefecture Volunteer Translator Community’s Facebook Group.

4.3 You may not use, mention, or discuss any Customer Materials, outside of the Translator Community.

4.4 You may not copy, share or distribute a Customer’s source content, guidelines, instructions, or other materials provided by a Customer (“Customer Materials”) or a Customer’s information, except as allowed by the Portfolio rights section.

4.5 You agree to protect and keep confidential all materials and information which you receive through use of the Service with a reasonable degree of care, equivalent to the same degree of care you use to protect your own confidential information
4.5.1 You may not store any Customer Materials You do not require to complete an active translation task on personal computers, except as allowed by the Portfolio rights section.

5. Your role as a VT and/or VTE
5.1 You agree to translate, or review and edit Translation Requests submitted by Customers.

5.2 You are free to contribute as often or as infrequently as You would like.
5.2.1 The frequency that You receive invitations to take on new translation tasks depends on the availability that You selected when registering for the Service.
5.2.2 If Your availability, Japanese proficiency level or contact details change, please update Your profile page.

5.3 You are under no obligation to provide translation services as a part of your participation in the Community, but should You choose to accept a Translation Services, You agree to render the translation service in accordance with the terms of this Agreement, specifically:
5.3.1 You agree to perform the translation task work in a professional manner and to carry out the work yourself.
5.3.2 You agree to provide accurate and complete translations.
5.3.3 You must agree to not use any copyrighted material unrelated to the customer in any uploaded data.
5.3.4 You agree to follow the ‘Translation Style Guidelines’ document when rendering translation services.

5.4 You are responsible for all costs incurred during the use of the service. This includes, but is not limited to, the cost of subscriptions for translation software.

6. Your role as a member of the community
6.1 You agree to respond quickly and professionally to communications sent to you by the Association.

6.2 Accept translation requests or edit requests that You are able to commence work on within a 24-hour period of time.
6.2.1 After a translation request or edit request has been assigned it is not visible to the rest of the translator community. You are solely responsible for its completion.
6.2.2 Failing to render translation services within the translation request or edit request’s delivery timeline will damage the reputation of the Service and Association and may lead to your dismissal from the Community (see Term and Termination for more information).

6.3 Submit Draft Translation Materials and Proofread Translation Materials in the .doc or .docx file format.

6.4 Submit complete Draft Translation Materials and Proofread Translation Materials.

6.5 Meet the translation request or edit request’s delivery timeline. By accepting a translation request or edit request, you affirm that you are capable of completing the request in a satisfactory and timely manner.

6.6 Promptly report to Staff any extenuating circumstances that will prohibit you from completing an accepted translation request. Staff will assist you with reassigning the translation request to another translator/editor.

6.7 Report technical problems (Including but not limited to errors in word-count or accessing provided materials) to Staff within a reasonable period of time via the ‘Contact Administrator’ page.

6.8 You are responsible for any errors or delays in rendering a translation or edit caused by a technical issue until such issue has been reported to Staff.

7. Ownership of Materials
7.1 When You submit a translation draft to the Service as a VT, You agree to assign all right, title, and interest in the materials to the Association.

7.2 You retain portfolio rights to Draft Translation Materials that You have submitted.
7.2.1 You are allowed to copy the material and display it privately - not publicly.
7.2.2 You also gain portfolio rights to Customer Materials for the sole purpose of providing reference for translated work.
7.2.3 Rights cannot be sold or transferred.
7.2.4 Customer Materials and Draft Translation Materials are stored on the Service’s web portal for up to thirty days after the Translation Result is returned to the Customer. You are responsible for saving a copy of the Customer Materials and Draft Translation Materials if you wish to use these for Your portfolio.

7.3 When You submit a fully edited translation to the Service as a VTE, You agree to assign all right, title, and interest in the materials to the Association. You do not gain portfolio rights for Proofread Translation Materials You submit or Customer Materials that You refer to.

8. Term and termination
8.1 Your relationship with the Association begins on the date that You first register as a VT and/or VTE via the online registration form, and continues until You or the Association terminates it by giving notice.
8.1.1 You may terminate this Agreement by providing us with notice in writing Your desire to terminate this Agreement to Staff.
8.1.2 The Association reserves the right to, at any time, with or without notice to You
(1) Modify or terminate this Agreement, (2) Terminate translation tasks at any stage of the translation or editing process, (3) Permanently or temporarily terminate Your account.

8.2 The Association reserves these rights in all cases. Examples in which the association may choose to utilize these rights include, but are not limited to:
If you …
8.2.1 Violate this Agreement
8.2.2 Provide Your contact information to Customers or attempt to contact Customers directly in regards to a translation request submitted to the Service or to offer future translation services unrelated to the Service.
8.2.3 Fail to follow instructions provided to You by Staff or the Association.
8.2.4 Fail to communicate in a professional and courteous manner with other translators and Staff.
8.2.5 Use automated tools or means to accept translation tasks.
8.2.6 Behave in a manner that disrupts our Service or systems.
8.2.7 Create multiple translator accounts for any reason.
8.2.8 Repeatedly submit translations of poor quality, or translations that appear to have been produced without reasonable care and diligence.
8.2.9 Cause unreasonable delays in delivering a Customer a completed translation.

8.3. As long as this Agreement is valid, You retain portfolio rights to Draft Translated Materials, portfolio rights to Customer Materials relating to Draft Translated Materials You submitted, and the right to view Customer Material relating to current translation projects You are working on.
8.3.1 In the event the Agreement is terminated by any party for any reason, you lose all rights to Customer Materials for translation service requests you currently have in process. Any copies of these materials in your possession shall be destroyed.
You retain the portfolio rights to Customer Materials and Translated Materials for translation service requests you have completed at the termination of the Agreement.
8.3.2 Additionally, in the event this Agreement is terminated for any reason by any party, any and all confidential materials shared with volunteer translators and volunteer translation editors remains confidential.

9. No Compensation or Employment
9.1 You understand that the Association and the Customer may use Your Translations for any purpose.

9.2 You acknowledge that You are providing these translations on a purely voluntary basis, as a means of contributing to the Community in their work to fulfil Customer’s requests.

9.3 Nothing in this Agreement creates or will be deemed to create an employer-employee, partnership, independent contractor, join venture, or agency relationship between the Association and You; You are solely considered a volunteer of the Association’s Service through Your membership in the Community.

9.4 Furthermore, You acknowledge and agree that none of the Association and its employees or customers will compensate You for the translations that You provide.

10. Contact
10.1 VTs and VTEs can consult Staff via the ‘Messages’ function, or via the ‘Contact Administrator’ page.
10.1.1 The ‘Messages’ function shall be used to facilitate communication between You and Staff regarding specific questions about a translation task. The Messages function can be accessed from the translation task page. Messages or instructions sent through this function regarding the relationship between You and the Association will be considered invalid and discarded.
10.1.2 The ‘Contact Administrator’ page can be used for any questions and/or queries You may have regarding use of the Service.

10.2 You agree to permit the Association’s designated member of Staff to contact You using any personal contact information You have provided (such as email, phone number, etc.) in connection with Your participation in the Community or Service as a VT and/or VTE under this Agreement.

11. Survival
11.1 The Association’s ownership of materials submitted by VTs and VTEs continues after the termination of this Agreement.

12. General
12.1 This Agreement is governed by the laws of Japan.

12.2 Any claims or disputes shall be resolved in the Fukushima Prefecture.

12.3 This Agreement controls the relationship between You, the Association, and the Customer. It does not create any third party beneficiary rights.

12.4 If You do not comply with this Agreement, and we don’t take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

12.5 The Association reserves the right to pursue remedies for any and all breaches of this Agreement.
12.5.1 Should the Association choose to waive the right to pursue remedies or delay pursuing remedies for a particular breach, the Association retains the right to pursue remedies against the breach in question and other breaches in the future.
The dismissal of a breach shall not be construed to be a dismissal of the related terms from this Agreement.

12.6 These terms were most recently updated on March 7 2019 and replaces all older versions.

Fukushima Prefecture Tourism and Local Products Association
(Purpose)
Article 1
These regulations are for the purpose of protecting the rights and interests of individuals by establishing necessary matters to ensure proper handling of personal information in the possession of the Fukushima Prefecture Tourism and Local Products Association (hereinafter referred to as the "Association").
(Definitions)
Article 2
In these regulations, the meanings of the terms listed in the following items shall be as established in each item respectively.
(1) Personal Information
Information regarding living individuals that includes information such as name, birthdate, or other information that can be used to identify a specific individual (including information that can be verified against other information to identify a specific individual).
(2) Retained Personal Information
Personal information created or acquired by executives or employees of the Association (hereinafter referred to as "Executives and Employees") in the course of their duties, and in the possession of the Association for organizational use by Association Executives and Employees.
(3) Personal Information File
A collection of information including retained personal information that refers to the following.
(A)
A collection of information systematically arranged in such a way that specific Retained Personal Information can be retrieved by a computer for achieving the purpose of certain processes.
(B)
Beyond what is listed in (A), a collection of information systematically arranged in such a way that specific Retained Personal Information can be easily retrieved by using a name, date of birth or other description for achieving the purpose of certain processes.
(Obligations)
Article 3
The Association recognizes the importance of protecting personal information, and when dealing with personal information, we shall take necessary measures concerning protection of personal information in accordance with laws regarding the protection of personal information (Act No. 57 of 2003) and the Fukushima Prefecture Personal Information Protection Ordinance (Fukushima Prefecture Ordinance No. 71 of 1994).
(Registering Administrative Handling of Personal Information)
Article 4
The Association must prepare a Personal Information Handling Business Registry (hereinafter referred to as the "Registry") that registers the following matters regarding the administrative handling of personal information in which personal information files are used (hereinafter referred to as "Personal Information Handling Business") and make it available for public inspection.
Provided, however, this shall not apply when it is deemed that there is a risk of significant hindrance to its proper execution due to the nature of the business.
(1) Title of the personal information handling business
(2) Purpose of the personal information handling business
(3) Title of the department and office in charge of the personal information handling business
(4) Date the personal information handling business was registered
(5) Title of the personal information file
(6) The following matters related to the personal information file
(A)
Types of subjects of personal information, recorded items, and the reason when collecting personal information prescribed by paragraph 4 of the following Article.
(B)
The form of the personal information file and whether the provision prescribed in Article 6 paragraph 4 has been made.
(C)
The main sources of personal information.
(D)
When retained personal information is regularly provided to a destination other than the Association, that destination.
(7) In addition to the matters in each of the previous items, matters prescribed by the Association.
2 When the Association wishes to start conducting personal information handling business, the Association must register the relevant personal information handling business in the registry in advance.
The same applies when attempting to change registered matters.
3 The provisions in the preceding two paragraphs do not apply to the following business.
(1) Business regarding Association Executives and Employees or former Executives and Employees.
(2) Business that only handles the other party's name, address, and other matters in order to send goods or money or for communication necessary for business.
4 When the personal information handling business registered is removed pursuant to the provisions in paragraph 2, the Association must delete the register related to the relevant personal information handling business without delay.
(Restrictions on Collection)
Article 5
When Association collects personal information, the purpose of use should be identified as much as possible, and it should be collected by lawful and fair means within the required scope for executing the business under their jurisdiction.
2 When the Association collects personal information, it must be collected from the individual in question. However, this shall not apply to cases falling under one of the following items.
(1) When based on the provisions of laws or ordinances (hereinafter referred to as "Laws, etc.")
(2) When the individual in question has given his/her consent.
(3) When it is deemed urgent and unavoidable in order to protect human life, body, or property.
(4) When it is published or broadcast in the public domain.
(5) When it is deemed there is no risk of unjustly infringing upon the rights or interests of the individual in question in cases where there is a justifiable reason to collect it from a national or local public entity.
(6) In addition to the cases in each of the previous items, when it is deemed there is no risk of unjustly infringing upon the rights or interests of the individual in question in cases where there is a risk of impeding the achievement of the purpose of use (hereinafter referred to as "purpose of use") specified by the provision of the preceding paragraph if the information is collected from the individual in question.
3 In the case referred to in the preceding paragraph, when collecting personal information that has been recorded in written form (including electronic methods, magnetic methods, and records made by a method that cannot be recognized with human perception (hereinafter referred to as "electromagnetic records")) directly by the individual in question, the purpose of use shall be indicated to the individual in question in advance, except in the following cases.
(1) When it is urgently required to protect human life, body, or property.
(2) When disclosing the purpose of use to the individual in question may risk damage to the life, body, property, or other rights and interests of the individual in question or a third party.
(3) When the purpose of use is deemed to be clear from the situation in which the information is collected.
4 The Association shall not collect any personal information regarding thoughts, beliefs, or religion, or any personal information which may cause social discrimination.
However, this shall not apply if it is based on Laws, etc. or if the relevant personal information is essential to achieving the purpose of use.
(Restrictions on Usage and Provision)
Article 6
Excluding cases based on the provisions of Laws, etc., the Association shall not use retained personal information within the Association for purposes outside the purpose of use or provide it to parties outside the Association.
2 Notwithstanding the provisions of the preceding paragraph, when it is deemed that any of the following items apply to the Association, the Association itself may use retained personal information for a purpose other than the purpose of use or provide it to a third party.
Provided, however, that this shall not apply when it is deemed that there is a risk of unjustly infringing upon the rights or interests of the individual in question or a third party by using the retained personal information for a purpose other than the purpose of use or providing it to a third party.
(1) When the individual in question has provided consent or when it will be provided to the individual in question.
(2) When it is urgent or unavoidable in order to protect human life, body, or property.
(3) When it is published or broadcast in the public domain.
(4) When there is a justifiable reason to use it within the Association, or to provide it to the national government, an incorporated administrative agency, a local public organization or local incorporated administrative agency.
(5) In addition to the cases listed in each of the preceding items, when retained personal information is provided solely for the purpose of preparing statistics or for academic research, when it is clearly to the benefit of the individual in question to provide it, or when there is a other special reason to provide retained personal information to a third party.
3 In cases where the Association provides retained personal information, when it is deemed necessary, the Association shall attach restrictions on the purpose or method of use of the relevant retained personal information, or other necessary restrictions on the party receiving the information, and shall also request the party receiving the information take necessary measures to prevent the leakage of that information and other measures to properly manage personal information.
4 Excluding cases when it is necessary for public interest and it is deemed necessary measures have been taken to protect personal information, the Association shall not provide retained personal information by combining computers and other information devices using communication lines (limited to those that will make the personal information retained by the Association available for acquisition at anytime by a party other than the Association.)
(Proper Management)
Article 7
The Association shall take the necessary measures to prevent the leakage, loss, or damage of retained personal information, and other necessary measures to properly manage personal information.
2 The Association shall endeavor to ensure that the retained personal information matches past or current facts within the scope required to achieve the purpose of use.
3 The Association shall reliably and promptly destroy or delete personal information that is no longer required to be retained.
4 In the case of an amendment to the purpose of use of retained personal information, the Association shall not go beyond the scope of what is deemed to be a reasonable amount of considerable relevance to the purpose of use before the change.
(Measures Accompanying Consignment, etc.)
Article 8
The Association shall take the necessary measures to protect personal information when consigning the task of handling personal information to a third party outside the Association.
2 The party consigned to handle personal information by the Association shall take the necessary measures in order to properly handle personal information.
Any person engaged in or formerly engaged in the task of handling the consigned task referred to in the preceding paragraph shall not recklessly inform others of personal information acquired in carrying out that task nor use it for illegitimate purposes.
(Executive and Employee Obligation)
Article 9
Executives and employees or former executives and employees of the Association shall not recklessly inform others of personal information acquired while carrying out their duties nor use it for illegitimate purposes.
(Application for Disclosure of One's Own Information)
Article 10
When there is an application for disclosure of retained personal information (hereinafter referred to as "Disclosure Application") from the individual in question, or a Disclosure Application from the legal guardian of a minor or an adult ward on behalf of said minor or adult ward, the Association shall disclose the relevant retained personal information to the person who made the relevant Disclosure Application (hereinafter referred to as "Disclosure Applicant"), except when any of the following items apply (hereinafter referred to as "non-disclosure information").
(1) Information that cannot be disclosed to the individual in question due to the provisions of Laws, etc.
(2) In cases where there is a risk the information may harm the life, health, or property of the Disclosure Applicant (In cases where the legal guardian makes a Disclosure Application on behalf of a minor or adult ward, they will be referred to as the relevant individual in question. The same shall apply to the next item and item 4, paragraph 3 in the next Article and Article 15 paragraph 1.)
(3) When it is information regarding individuals other than the Disclosure Applicant (excluding relevant business information of individuals engaged in business) and names, birthdates, and other descriptors included in the relevant information that can identify a specific individual other than the Disclosure Applicant (including that which can identify a specific individual other than the Disclosure Applicant by verifying against other information) or when a specific individual other than the Disclosure Applicant cannot be identified, but disclosure may harm the rights and interests of an individual other than the Disclosure Applicant.
However, this excludes the following information.
(A)
Information that is public or is scheduled to be made public due to the provisions of Laws, etc. or as customary practice.
(B)
Information the can clearly be known by the Disclosure Applicant and that is deemed not to be a risk to the legitimate rights and interests of individuals other than the Disclosure Applicant if the information is disclosed.
(C)
Information deemed necessary to disclose in order to protect the life, health, lifestyle, or property of a person.
(4) Information regarding corporations and other organizations (excluding national, incorporated administrative agencies, local public organizations and local incorporated administrative agencies. Hereinafter referred to as "Corporations, etc.") or information regarding the relevant business of an individual running a business other than the Disclosure Applicant where the following applies.
Provided, however, that this shall not apply when it is deemed necessary to disclose the information to protect the life, health, lifestyle, or property of a person.
(A)
When disclosure may harm the rights, competitive position, or other legitimate interests of the relevant Corporations, etc. or relevant individual.
(B)
When the information was provided at the request of the Association but providing the information was optional based on the condition it would not be disclosed and when it is customarily not disclosed by Corporations, etc. or individuals, and when it is deemed reasonable to attach other conditions in light of the nature of the relevant information and the circumstances at the time.
(5) When it is information regarding tasks or business involving guidance, selection, diagnosis or other assessments or judgements of an individual, which may significantly hinder the proper execution of said tasks or business if disclosed.
(Disclosure Application Method)
Article 11
The Disclosure Application shall be submitted directly to the Association by submitting an application form describing the matters listed below (hereinafter referred to as the "dissclosure application form") or via the Fukushima Prefectural Government Information Center or the Fukushima Prefectural Government Information Corner.
(1) The name and address of the person applying for disclosure.
(2) Matters necessary in order to identify the retained personal information for which an application is being made for disclosure.
(3) In addition to the matters mentioned in the preceding two items, matters specified by the Association.
2 The person intending to submit a Disclosure Application shall submit or present the required paperwork to prove they are the individual or legal proxy of the individual to which the retained personal information pertinent to the Disclosure Application pertains.
3 When it is deemed the information on the Disclosure Application Form is deficient, the Association can set a reasonable period of time and require the Disclosure Applicant to amend the application.
In such a case, the Association shall endeavor to provide the Disclosure Applicant with information that will serve as a reference for the amendment.
(Partial Disclosure)
Article 12
In cases where non-disclosure information is included in a portion of the retained personal information pertinent to the Disclosure Application, the Association shall, when it is possible to easily separate the non-disclosure information and it can be separated to a degree that does not impair the purpose of the relevant Disclosure Application, disclose the relevant retained personal information excluding said portion.
2 In cases where the retained personal information pertaining to the Disclosure Application contains Article 10 Item 3 information (limited to information that can identify specific individuals other than the Disclosure Applicant), if it is deemed there is no risk of harm to the rights and interests of individuals other than the Disclosure Applicant by excluding information within the relevant information such as name, birthdate, and other descriptors that can identify a specific individual other than the Disclosure Applicant, even if disclosed, the portion excluding said portion shall be considered not to include the information mentioned in item 3, and the provisions of the preceding item shall apply.
(Information Regarding Presence or Absence)
Article 13
For a Disclosure Application, when just by answering whether or not the retained personal information pertaining to the relevant Disclosure Application exists discloses non-disclosure information, the Association may reject said Disclosure Application without clarifying whether or not the relevant personal information exists.
(Decisions on Disclosure Applications)
Article 14
Within 15 days from the date the Disclosure Application is submitted, the Association shall make a decision to disclose all or part of the retained personal information pertaining to said Disclosure Application (hereinafter referred to as "Disclosure Decision") or it shall make a decision not to disclose any of the information (including decisions to reject Disclosure Applications pursuant to the provisions of the preceding Article and decision not to disclose any information in cases where the personal information pertaining to the Disclosure Application is not retained).
Provided, however, that if an amendment is requested pursuant to the provisions of Article 11 paragraph 3, the number of days required to make said amendment shall not be included in that period.
2 When making the decision set forth in the preceding paragraph (hereinafter referred to as "Disclosure Decision, etc."), the Association shall promptly notify the Disclosure Applicant in writing of the content of the relevant Disclosure Decision, etc. and the matters specified by the Association concerning the implementation of disclosure in cases where disclosure was decided upon.
However, in cases where the content of said decision will disclose all of the retained personal information pertaining to the Disclosure Application and when it will be disclosed on the day the Article 11 paragraph 1 Disclosure Application is submitted, oral notification is acceptable.
3 When the Association decides not to disclose any of the retained personal information pertaining to the Disclosure Application or decides to disclose a portion, the Association shall state the reason for the decision in the written notification prescribed in the preceding paragraph.
In such a case, when the date all or a portion of the relevant retained personal information can be disclosed is clear, the date shall be added.
4 Notwithstanding the provisions in paragraph 1, the Association may extend the period prescribed in the same paragraph for a period of no longer than 30 days if there are difficulties in administrative procedures or for other legitimate reasons.
In such a case, the Association shall promptly notify the Disclosure Applicant in writing of the period after the extension and the reason for the extension.
In cases where there is a risk of significant hindrance in carrying out work duties due to making a Disclosure Decision, etc. on all of the information in a Disclosure Application within 45 days of receiving the application due to a significantly large amount of retained personal information requested in the Disclosure Application, notwithstanding the provisions of the preceding paragraph, the Association shall make a Disclosure Decision, etc. within the period on a reasonable portion of the retained personal information pertaining to the Disclosure Application, and it will be sufficient if a Disclosure Decision, etc. is made on the remaining retained personal information within a reasonable period of time.
In such a case, the Association shall notify the Disclosure Applicant of the following matters within the period prescribed in paragraph 1.
(1) That this paragraph is being applied and the reason for it.
(2) The deadline for making a Disclosure Decision, etc. on the remaining retained personal information.
(Granting of Opportunities to Submit Opinions to Third Parties)
Article 15
When information regarding an entity other than the Association, national government, incorporated administrative agencies, local public organizations, local incorporated administrative agencies, or the Disclosure Applicant (hereinafter referred to as "Third Party) is included in the retained personal information pertaining to the Disclosure Application, in making a Disclosure Decision, etc. the Association may notify Third Parties pertaining to the relevant information of the display of retained personal information pertaining to the Disclosure Application and other matters specified by the Association and grant the Third Party an opportunity to submit an opinion.
2 When a Third Party who has been given the opportunity to submit an opinion pursuant to the provision of the preceding paragraph submits an opinion indicating their intention to oppose the disclosure of the retained personal information, there must be at least two weeks between the date of the disclosure decision and the date disclosure is implemented when a decision to disclose is made.
In such a case, immediately after the decision to disclose is made, the Association shall inform the Third Party who submitted the relevant opinion (referred to as "Opposing Opinion" in Article 21) in writing that the decision was made to disclose, the reason, and the date disclosure will be implemented.
(Implementing Disclosure)
Article 16
When the Association makes a decision to disclose pursuant to the provisions of Article 14 paragraph 1, the Association shall promptly disclose the retained personal information pertaining to the Disclosure Application to the Disclosure Applicant.
2 When the relevant retained personal information is recorded in a document or drawing, it shall be made available for inspection or a copy will be issued, and when it is recorded in an electromagnetic record, disclosure shall be carried out in a manner specified by the Association taking into consideration the type of said electromagnetic record and the spread of information technology.
3 In the case of disclosure of retained personal information by means of viewing the original, when it is deemed there may be a risk of interfering with the preservation of the document or drawing in which the relevant retained personal information is recorded, or for other justifiable reasons, disclosure may be implemented with a copy.
4 The provisions of Article 11 paragraph 2 shall be applied mutatis mutandis to persons receiving the disclosure of retained personal information.
(Cost Bearing)
Article 17
Pursuant to paragraphs 2 and 3 of the preceding Article, persons receiving a copy of a portion of a document or drawing with the relevant retained personal information shall bear the cost of issuing said copy in the amount specified by the Association.
2 Pursuant to paragraphs 2 and 3 of the preceding Article, persons receiving disclosed retained personal information recorded in an electromagnetic record shall bear the cost required to implement the relevant disclosure in an amount specified by the Association in accordance with the method of disclosure specified by the Association concerning the relevant electromagnetic record.
(Application for Corrections to One's Own Information)
Article 18
When there is an application (hereinafter referred to as "Revision Application") for revision (including additions or deletions. The same applies below) from the individual in question with respect to retained personal information disclosed pursuant to the provisions of Article 16 paragraph 1, or when there is a Revision Application from the legal proxy of a minor or adult ward made on behalf of said minor or adult ward, the necessary investigation will be carried out and if an error is found in the facts in the personal information pertaining to said Revision Application, the application shall be complied with.
2 Revision Applications shall be submitted within 90 days from the date of receiving the disclosure of retained personal information.
Provided, however, that this shall not apply if there is a natural disaster or other unavoidable circumstances that prevent making a Revision Application.
(Obligation to Revise Retained Personal Information)
Article 18.2
When a Revision Application is made, the Association shall carry out the necessary investigation, and if an error is found in the retained personal information pertaining to said Revision Application, the relevant retained personal information shall be revised within the scope necessary to achieve the purpose of use of the retained personal information pertaining to said Revision Application.
(Revision Application Method)
Article 19
Revision Applications should be submitted directly to the Association describing the following matters on an application form, or it may be submitted via the Fukushima Prefectural Government Information Center or the Fukushima Prefectural Government Information Corner.
(1) The name and address of the person submitting the Revision Application.
(2) The date of disclosure of the retained personal information pertaining to the Revision Application and other required matters necessary for identifying the relevant retained personal information.
(3) The revision request.
(4) In addition to matters mentioned in the preceding 3 items, matters specified by the Association.
2 The person making the Revision Application must submit or present materials proving the revision request is consistent with the facts.
3 The provisions of Article 11 paragraphs 2 and 3 apply mutatis mutandis to Revision Applications.
(Decisions on Revision Applications)
Article 20
The Association shall decide, within 30 days of receiving the Revision Application, to revise all or a portion of the retained personal information related to the Revision Application (hereinafter referred to as "Revision Decision") or decide not to revise any of said personal information.
Provided, however, that if an amendment is requested pursuant to the provisions of Article 11 paragraph 3 applied mutatis mutandis to paragraph 3 of the preceding Article, the number of days required to make said amendment shall not be included in that period.
2 When the decision in the preceding paragraph (hereinafter referred to as "Revision Decision, etc." has been made, the Association shall promptly notify the person who made the Revision Application (hereinafter referred to as the "Revision Applicant") in writing of the content of said Revision Decision, etc.
3 When a Revision Decision has been made pursuant to the provisions of paragraph 1, after revising the retained personal information pertaining to the Revision Application and the Association shall make a statement to that effect in the document set forth in the preceding paragraph.
4 When a decision is made not to revise any, or the decision is made to revise a portion, of the retained personal information pertaining to the Revision Application, the Association shall state the reason in the document set forth in paragraph 2.
5 Notwithstanding the provisions of paragraph 1, the Association may extend the period prescribed in the same paragraph for a period of no longer than 30 days if there are difficulties in administrative procedures or other legitimate reasons.
In such a case, the Association shall notify the Revision Applicant without delay of the extended period and the reason for it in writing.
"6 When an especially extended period of time is required to make a Revision Decision, etc. notwithstanding the provisions in paragraph 1 and the preceding paragraph, it will be sufficient if a Revision Decision, etc. is made on the remaining retained personal information within a reasonable period of time.
"
In such a case, the Association shall notify the Revision Applicant within the period of time prescribed in paragraph 1 of the following matters in writing.
(1) That the provisions of this paragraph are being applied and the reason.
(2) The deadline for making a Revision Decision, etc.
(Notice to the Receiver of Retained Personal Information)
Article 20.2
In the case revisions to the retained personal information were executed based on the Revision Decision, when it is deemed necessary, the Association shall notify the receiver of said retained personal information without delay in writing.
(Application to Suspend Usage of One's Own Information)
Article 20.3
If any person deems that the retained personal information regarding their own self received through disclosure pursuant to the provisions of Article 16 paragraph 1 falls under any of the following items, that person can apply for the measures specified in the respective relevant item.
(1) When it is collected in violation of the provisions in Article 5, when it is used in violation of the provisions of Article 6 paragraph 1 and paragraph 2, or what it is retained in violation of Article 7 paragraphs 3 or paragraph 4.
Suspended Usage or Deletion of Relevant Retained Personal Information
(2) When it is provided in violation of the provisions of Article 6.
Suspended Provision of the Relevant Retained Personal Information
2 The provisions regarding legal proxy in Article 10 paragraph 2 shall apply mutatis mutandis to an application (hereinafter referred to as "Suspension of Usage Application") for suspension of usage, or deletion, or suspension of provision (hereinafter referred to as "Suspension of Usage").
3 The Suspension of Usage Application shall be made within 90 days after receiving disclosure of retained personal information.
Provided, however, that this shall not apply when there is a natural disaster or other unavoidable circumstances that prevent making a Suspension of Usage Application.
(Obligation to Suspend Retained Personal Information Usage)
Article 20.4
When a Suspension of Usage Application has been made, the Association shall conduct a necessary investigation, and when it is deemed there is a reason for the relevant Suspension of Usage Application, the Association shall suspend usage of retained personal information related to said Suspension of Usage Application to the extent necessary to ensure proper handling of personal information retained by the Association.
Provided, however, that this shall not apply when it is deemed that there is a risk of significant hindrance to the proper execution of relevant tasks due to the nature of said tasks related to the purpose of use of said retained personal information due to the suspended usage of the pertinent retained personal information.
(Method for Suspension of Usage Application)
Article 20.5
The person intending to apply for suspended usage shall submit the following matters on an application form to the Association.
(1) The name and address of the person applying for usage suspension.
(2) The date of disclosure of the retained personal information pertaining to the Suspension of Usage Application and any other necessary matters to identify said retained personal information.
(3) The purpose and reason for the Suspension of Usage Application.
(4) In addition to the preceding 3 items, matters specified by the Association.
2 The provisions of Article 11 paragraph 2 and paragraph 3 shall apply mutatis mutandis to the Suspension of Usage Application.
(Decisions, etc. on Suspension of Usage Applications)
Article 20.6
The Association shall decide within 30 days of receiving the Suspension of Usage Application, to suspend all or a portion of the retained personal information related to the Suspension of Usage Application (hereinafter referred to as "Suspension of Usage Decision") or decide not to suspend usage.
Provided, however, that if an amendment is requested pursuant to the provisions of Article 11 paragraph 3 applied mutatis mutandis to paragraph 2 of the preceding Article, the number of days required to make said amendment shall not be included in that period.
2 When the decision in the preceding paragraph (hereinafter referred to as "Suspension of Usage Decision, etc." has been made, the Association shall promptly notify the person who made the Suspension of Usage Application (hereinafter referred to as the "Suspension of Usage Applicant") in writing of the content of the Suspension of Usage Decision, etc.
3 When a Suspension of Usage Decision has been made pursuant to the provisions of paragraph 1, the Association shall make a statement to that effect in the document mentioned in the preceding paragraph.
4 When a decision is made not to suspend usage of any, or the decision is made to suspend usage on a portion, of the retained personal information pertaining to the Suspension of Usage Application, the Association shall state the reason in the document set forth in paragraph 2.
5 The provisions of Article 20 paragraphs 5 and 6 shall apply mutatis mutandis to the Suspension of Usage Application.
In such a case, the term "Revision Applicant" in paragraphs 5 and 6 of the same Article shall be deemed to be replaced with "Suspension of Usage Applicant" and the term "Revision Decision, etc." in the same item, shall be deemed to be "Suspension of Usage Decision, etc."
(Procedure for Filing an Objection)
Article 21
If a person has an objection to a Disclosure Decision, etc., Revision Decision, etc. or a Suspension of Usage Decision, etc. the person may file an objection in writing with the Association within 60 days from the day after he/she learned a Disclosure Decision, etc. or Revision Decision, etc. was made.
When an objection has been filed as in the preceding paragraph, the Association shall promptly hear the opinion of the Governor of Fukushima Prefecture (hereinafter referred to as the "Governor") except in cases where one of the following items applies.
(1) When dismissing on the grounds that the filing of the objection exceeds the period prescribed in the preceding paragraph or it was not in written form.
(2) In the decision, the cancellation or amendment of a Disclosure Decision, etc. pertaining to an objection filed (excluding when the decision is to disclose all of the retained personal information pertinent to the Disclosure Application, and the same shall apply hereinafter in this item) and when all of the retained personal information pertaining to the relevant objection filed will be disclosed.
Provided, however, that this shall not apply when an Opposing Opinion regarding the pertinent Disclosure Decision, etc. is submitted.
(3) In the decision, the cancellation or amendment of a Revision Decision, etc. pertaining to the objection filed (excluding when the decision to accept and revise all of the items in the Revision Application, and the same shall apply hereinafter in this item) and when the entire content of the Revision Application pertaining to said filed objection is accepted and revised.
3 When requested by the Governor, the Association shall promptly present documents recording retained personal information pertaining to the Disclosure Decision, etc. or present materials on the content of retained personal information pertaining to the relevant Disclosure Decision, etc. or Revision Decision, etc. created by classifying and organizing them according to the method designated by the Governor.
4 When an opinion pursuant to the provisions in paragraph 2 is received, the Association shall respect this and make a decision on the objection filed.
Article 22 Deleted
(Dealing with Complaints)
Article 23 When a complaint is received regarding the handling of personal information, the Association shall endeavor to process it appropriately and promptly.
(Delegation)
Article 24 The matters required for the enforcement of these regulations shall be determined separately by the Association.
Supplementary Provision
(Implementation Date)
1 These regulations shall go into effect April 1, 2003
(Transitional Measures)
2 Regarding the registration of the handling of personal information at the time of enforcement of these regulations, the term in Article 4 paragraph 2 "wishes to start conducting personal information handling business...in advance" shall be "regarding the task of handling of personal information currently being carried out...without delay."
Supplementary Provision
(Implementation Date)
1 These regulations shall go into effect April 1, 2005
(Transitional Measures)
2 According to the provisions of Article 4 paragraph 2 (including cases where the replacement is read in Supplementary Provision paragraph 2) of the Fukushima Prefectural Tourism and Local Products Association Personal Information Protection Regulations (hereinafter referred to as the "Former Regulations") prior to the amendment made at the time of enforcement of these regulations, regarding the registry pertaining to the handling of personal information under Article 4 paragraph 1 of the Former Regulations, matters listed in each item in Article 4 paragraph 1 of the new regulations that are not registered in said registry shall be registered without delay after these regulations go this provision goes into effect.
3 Requests for corrections pursuant to the provisions of Article 22 paragraph 1 in the Former Regulations in effect at the time of enforcement of these regulations shall remain applicable.
4 Dispositions, procedures, and other acts carried out under the provisions of the Former Regulations prior to the enforcement of these regulations shall be deemed to be replaced with the dispositions, procedures, and other acts made under the equivalent provisions of the new regulations.
1 These regulations shall go into effect April 1, 2008
1 These regulations shall go into effect April 1, 2013.