Terms & Policies
This document sets out the terms governing use of our website, our handling of personal information, and our use of cookies and website usage data. Accepting the Terms of Use does not replace any separate consent required by law for the processing of information.
A. Website Terms of Use
1. Scope
These Terms govern your use of the website operated by ＦＥＮＩＸ株式会社 (“Fenix” or the “Company”), including company information, services, projects, articles, news, resources, recruitment information and contact features.
Services subject to separate terms are governed by the applicable agreement or service-specific terms. These Terms do not amend any service agreement, non-disclosure agreement or employment contract that has been validly entered into.
Where separate terms apply to a feature, they are displayed before you accept them. Accessing the website does not constitute a waiver of your statutory rights or consent to all purposes for which information may be processed.
2. Website Content
Website content is provided to introduce our business and help you learn about and contact the Company. Unless expressly stated or otherwise validly agreed, publication of content does not itself constitute a quotation, a commitment to deliver a project, an offer to enter into a contract or a guarantee of employment.
The Company reviews and updates website content. Information about services, technologies, projects and recruitment may change. Please confirm the specific terms with the Company before entering into a transaction or applying for a position.
Project information reflects the results and circumstances of the individual project and does not guarantee results for other projects. Technical and professional content is provided for reference and does not replace an assessment of your specific requirements.
3. Intellectual Property and Use of Content
Rights in the text, designs, images, videos, logos, documents and other website content belong to the Company or the relevant rights holders who have authorised their use, to the extent of their respective rights.
You may access, refer to and use content to the extent authorised by the Company or permitted by law, including lawful quotation. Downloading materials does not transfer any intellectual property rights in those materials.
Unless authorised or otherwise permitted by law, you must not copy, modify, distribute, republish, sublicense or commercially exploit website content. Any permitted use must retain source references and proprietary notices as required, must not distort the content and must not imply endorsement by the Company.
Third-party trademarks, product names and logos belong to their respective rights holders. Display of a technology or trademark does not, by itself, establish a partnership, certification or endorsement.
4. Forms and Information You Submit
4.1. Information to Be Provided
You must provide information that is truthful and accurate to the best of your knowledge and that you are authorised to disclose. Your enquiry and any accompanying materials must be relevant to the purpose of your contact. You must not impersonate anyone or disclose another individual’s or organisation’s information without proper authority. If you discover an error in information you have submitted, you may contact the Company to request a review and correction.
Required fields are marked on the form. The Company may request additional information needed to clarify and respond to your enquiry. We may be unable to process a request if necessary information is missing or contact details are invalid.
4.2. Personal Information and Confidential Materials
Please submit only the information needed for an initial review of your request. Before providing sensitive personal information, trade secrets, login credentials or highly confidential materials, contact the Company to agree on the scope of disclosure, secure transmission arrangements and, where necessary, confidentiality terms.
Our legal obligations to protect information apply even if no separate non-disclosure agreement has been signed. If we receive information that is unnecessary or appears to have been provided without proper authority, we assess whether to restrict its use or take other appropriate action in light of its nature and applicable requirements.
4.3. Use of Information and Rights in Submitted Materials
The Company uses information and materials submitted through forms to receive, verify, assess, respond to and manage the relevant request, within the scope described on the form and in the Privacy Policy. Submitting a form does not transfer intellectual property rights, grant rights to exploit materials for unrelated purposes or constitute consent to receive advertising.
Information is shared, retained and protected in accordance with Parts B and C, applicable notices and valid agreements between the parties. Where separate consent is required for processing, the Company will obtain it through the appropriate procedure; submitting a form does not replace that consent.
4.4. Acknowledgement and Handling of Requests
A submission confirmation or automated acknowledgement confirms only that our system has received your submission. It does not constitute acceptance of a transaction, confirmation that an application is complete, or a commitment to any outcome or timeframe for services or recruitment.
Transaction terms, schedules, fees and performance obligations are established by a valid agreement between the parties. Receipt of a form submission does not alter any agreement already validly entered into.
If you have not received an acknowledgement or believe your submission was unsuccessful, please contact us using the details in Section B.2 to check, rather than resending sensitive materials. The Company takes measures against spam, malware and misuse while meeting its legal obligations to receive and handle requests.
5. Recruitment and External Platforms
Vacancy information is subject to the relevant job posting and may be updated or withdrawn as recruitment needs change. Submitting an application does not guarantee an interview or employment. Final employment terms are determined by the formal documentation and applicable employment law.
If a job posting directs you to a platform or application channel managed by another organisation, that channel provides information about who receives your application and how it is handled. Each organisation’s responsibilities depend on its actual processing activities and applicable law, not solely on where a link is displayed.
6. Prohibited Conduct
You must not:
- Access systems without authorisation or circumvent authentication, permissions, access limits or security controls.
- Distribute malware; send requests intended to overload the website; or interfere with, falsify or damage website data or functionality.
- Impersonate the Company, its personnel or another person; or use the website for fraud, spam or unlawful transactions.
- Unlawfully collect, disclose or exploit personal information, confidential information or intellectual property belonging to the Company or a third party.
- Use automated tools in a manner that exceeds authorised access, circumvents reasonable technical limits, disrupts services or infringes another person’s lawful rights.
- Engage in any other conduct that violates the law or infringes rights or legitimate interests in connection with use of the website.
Where there are reasonable grounds to suspect a violation or a threat to the system, the Company may take proportionate measures, including rate limiting, blocking requests, temporarily restricting access, preserving evidence or notifying the competent authorities. Any claim for damages will be based on applicable law and the loss concerned.
7. Third-Party Links and Services
The website may contain links to, or integrate features provided by, third parties. Their terms apply to the services they provide.
A link does not, by itself, mean that the Company endorses all content on the linked website. The Company does not control content outside its management. Our responsibilities for selecting and integrating services and processing data remain subject to applicable law and agreements.
You must not link to or frame the website in a way that misrepresents its operator, any agency or partnership relationship, or ownership of its content.
8. Changes, Interruptions and Discontinuation
The Company may maintain, update, change or discontinue certain features where necessary for operation, security or legal compliance. Where planned interruptions materially affect the receipt of enquiries, we will give appropriate advance notice where reasonably practicable.
Technical incidents or emergencies may cause interruptions without advance notice. If a contact feature is unavailable, you may use the contact details in Section B.2.
9. Liability
The Company does not guarantee uninterrupted operation, compatibility with every device or an error-free website. This does not exclude any legal duty to remedy issues, protect data or fulfil other responsibilities.
Liability for loss arising in connection with the website is determined by applicable law, causation, the degree of fault and any valid agreements. Nothing in these Terms excludes liability for wilful misconduct or gross negligence, excludes liability that cannot lawfully be excluded, or limits rights that cannot lawfully be restricted.
10. Changes to These Terms
The Company may amend these Terms to reflect reasonable changes to the website or legal requirements. The amendments and their effective date will be announced in a manner appropriate to their nature and impact.
Changes to terms forming part of a contract must satisfy applicable legal requirements. The Company will obtain separate acceptance where required. Publication of a new version does not automatically amend all existing agreements.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of Japan to the extent that this choice of law is valid. This does not deprive you of mandatory protections under other applicable laws.
The parties may seek to resolve any dispute through good-faith discussions. This does not prevent either party from seeking relief from a competent authority or pursuing urgent legal remedies. Jurisdiction is determined by applicable law.
If a provision is held invalid or unenforceable, the remaining provisions will continue to apply to the extent they can lawfully be severed.
B. Privacy Policy
1. Scope and Processing Principles
This Policy applies to our handling of information about website visitors, people who contact us or request materials, job applicants, and individuals whose profiles or other personal content are published on the website.
Information may be received as soon as the website loads, before you complete a form or contact us. The data involved depends on the features loaded, system configuration and your applicable choices, as described in Part C.
The Company handles information in accordance with Japan’s Act on the Protection of Personal Information (“APPI”) and other laws applicable to the relevant activities. Information entrusted to us by clients for project delivery is handled under the relevant contracts, lawful instructions and separate notices. This website document does not replace those arrangements.
“Personal information”, “personal data” and “retained personal data” have the meanings given under applicable law. The classification of access data and device identifiers depends on identifiability, the ability to link information and actual processing practices. Data is not automatically anonymised simply because it does not contain a name.
2. Responsible Entity and Contact Details
Legal entity: ＦＥＮＩＸ株式会社
Representative: ファム ドゥク ヴィエト
Address: 〒175-0092 東京都板橋区赤塚2－31－7－202
Privacy enquiries: ＦＥＮＩＸ株式会社 — Personal Information Enquiries
Email: info@fenixcorp.jp
Telephone: 03-6820-7923
3. Sources and Categories of Information
Website Access and Features
IP address, access times, requested pages or resources, browser and device information, referrer information where transmitted, and technical and security logs. Details of tools are provided in Part C.
Forms, Email and Service Enquiries
Name, company name, email address, telephone number if provided, enquiry details, materials and relevant correspondence.
Requests for Materials Through Available Channels
Contact details and information needed to deliver materials, manage the request and communicate for the purposes notified.
Recruitment
Contact details, education, experience, skills, CVs, portfolios and assessment information lawfully generated or received during recruitment.
Privacy Preferences and Data Requests
Where records are required, your preferences, when they were recorded and the version of the relevant notice; request details, contact information and information needed to verify your identity or authority.
Team Profiles
Names, job titles, images and statements authorised for use.
The Company receives information directly from individuals, through system operations or from parties lawfully entitled to provide it. Where required by law, we verify the source and conditions of receipt and retain relevant records.
As required by applicable law, the Company clearly states or refers you to the purposes of use and relevant privacy information at the point of collection, before you submit a form. Required fields are identified on the form or in the relevant instructions; optional information is provided at your discretion. If necessary information is missing, we may be unable to respond to or fulfil the request and may ask for appropriate additional information. Refusing to provide information that is unnecessary for a request does not, by itself, justify rejecting it.
Do not submit sensitive information, complete copies of identity documents or another person’s data unless necessary and properly authorised. Where we need to collect information requiring special protection, we provide notice and follow the required procedures before collection, unless otherwise permitted by law.
4. Purposes of Use
The Company uses information for the following purposes:
- Enquiries and requests for materials: receiving and verifying requests, delivering requested materials, responding, preparing proposals and following up on discussions about services or cooperation.
- Recruitment: reviewing applications, arranging interviews, communicating with applicants, notifying outcomes and administering the relevant recruitment process.
- Operation and security: delivering content, providing requested features, identifying errors, preventing bots and spam, stopping unauthorised access, investigating incidents and preserving necessary evidence.
- Privacy preferences and data rights: recording and implementing your effective preferences, and verifying and responding to requests, concerns and complaints.
- Team profiles: publishing information within the scope of use agreed with the individual concerned.
- Legal obligations: complying with retention duties and lawful requests, and establishing, exercising or defending specific legal claims.
Usage analytics, marketing measurement and advertising are carried out in accordance with the purposes, tools and choices described in Part C or a separate notice. Information collected for security purposes is not automatically used for advertising.
The Company does not use information beyond the permitted scope. If the purposes of use change, we provide notice, publish the relevant information and obtain consent as required by law.
5. Marketing Communications and Future Recruitment Opportunities
Visiting the website, making an enquiry, downloading materials or applying for a job does not, by itself, constitute consent to receive marketing emails. If marketing subscriptions are offered, we provide a separate choice, identify the sender and explain how to unsubscribe. Declining marketing does not prevent you from making an ordinary enquiry.
The Company distinguishes replies to enquiries and necessary operational communications from advertising emails. Opting out of marketing does not necessarily stop communications required to handle an ongoing request or comply with legal obligations.
Retention of applicant information for future vacancies is addressed in a separate notice explaining the purpose, retention period and relevant choices. It is not automatically included in an application for a specific position.
6. Internal Access, Service Providers and Other Recipients
Internal access is limited to personnel who need the information for their duties.
The Company may engage hosting, email, security, technical support or other necessary business service providers. Processing must be consistent with the services entrusted to them. We select and supervise providers and establish processing terms as required. Engaging a provider does not automatically authorise it to use data for its own purposes beyond what is lawful.
The Company provides personal data to independent third parties only with any required consent or another basis permitted by law. A partnership or corporate affiliation does not, by itself, authorise data sharing.
If the Company jointly uses personal data under the APPI, we notify individuals or make available in advance the legally required information about the data categories, participating entities, purposes and party responsible for managing the data. Joint use does not remove any applicable requirements concerning overseas processing.
Information may be disclosed to competent authorities to the extent required by a lawful request. Any processing arising from a merger or business transfer must meet applicable legal requirements and does not automatically expand the purposes of use.
7. Recruitment Support Providers
Applications submitted through channels managed by the Company are handled under this Policy and the relevant recruitment notice.
If a recruitment support provider manages the application channel, the notice at the point of application identifies the recipient, its role in handling the information, the purposes of use, the information to be transferred to Fenix and any relevant conditions. The Company uses lawfully transferred information only for the purposes notified.
Following a link does not, by itself, constitute consent to transfer an application, establish that systems are synchronised or give the Company access to all data held by another organisation.
8. Overseas Processing and Access
The Company identifies the parties and countries involved in storing, accessing or transferring data. Overseas processing requirements are considered even where servers are located in Japan.
Where disclosure to a third party overseas requires consent, the Company provides the required information before seeking consent. Where we rely on equivalent safeguards or a legally recognised exception, we meet the applicable conditions, take necessary measures to maintain safeguards and provide information as required by law.
9. Data Retention and Deletion
Information is retained for as long as necessary for the purposes notified, legal obligations or specific requests and disputes. The Company does not retain data indefinitely as a precaution for an undefined future purpose.
- Enquiries, requests for materials and project discussions: for handling and following up on the request; if a business relationship results, the relevant transaction-related retention requirements apply.
- Job applications: for the recruitment process and the time necessary to address related matters; retention for other opportunities is covered by a separate notice.
- Access and security logs: according to technical cycles supporting operation, detection and investigation; retention may be extended on justified grounds relating to an incident or legal requirement.
- Records of preferences and requests: for the time needed to implement and demonstrate appropriate handling.
- Team images and profiles: according to the authorised scope and period of use and the continuing need for publication.
- Backups: subject to separately managed backup, recovery and deletion cycles; they are not used to continue processing that must cease.
When there is no longer a lawful reason to retain information, the Company deletes, destroys or otherwise disposes of it appropriately. If information must be retained for legal obligations or a dispute, access and use are restricted to that purpose.
Deletion from active systems does not necessarily remove information immediately from every backup. Backup data is protected and removed according to the applicable cycle. Restorations are managed so that accepted requests to stop use or delete data continue to be respected.
10. Security Measures and Incidents
The Company implements necessary and appropriate safeguards proportionate to its size, the nature of the data and the risks, including:
- Organisational safeguards: assigning responsibilities, identifying authorised personnel and establishing incident intake and investigation procedures.
- Personnel safeguards: confidentiality requirements and guidance appropriate to assigned duties.
- Physical safeguards: protecting equipment, documents and storage media, and controlling destruction or disposal.
- Technical safeguards: authentication, access restrictions, protection of communications and prevention of unauthorised access.
- Supervision of service providers and processing environments: reviewing the scope of processing, countries involved and applicable safeguards.
Further information about these measures is provided on request to the extent required by law, except where disclosure could compromise data security.
When an incident is identified, the Company investigates, limits its impact and takes remedial action. Reports to authorities, notifications to affected individuals and related responsibilities are handled in accordance with the law. Security measures cannot eliminate every risk.
11. Requests Concerning Personal Data
Subject to applicable law, individuals or their duly authorised representatives may request:
- Notification of the purposes for which the Company uses retained personal data.
- Disclosure of their personal data and records of provision to third parties that are subject to statutory disclosure rights.
- Correction, addition or deletion of inaccurate information, following any necessary verification.
- Suspension of use, erasure or suspension of disclosure to third parties where the legal conditions are met, including cases where a request is permitted regardless of whether a violation has occurred.
- Changes to, or withdrawal of, your consent-based preferences under the relevant mechanisms and applicable law.
- The handling of concerns or complaints, or information about safeguards and overseas processing arrangements.
Please send requests to the contact point in Section B.2, stating your name, contact details, the nature of your request and how you interacted with the Company. Do not send complete copies of identity documents with your initial request. We will explain how to verify your identity or authority and request only the information needed. Representatives may be asked to provide evidence of their authority.
The Company responds to requests without delay and in accordance with any legally prescribed time limits, conditions and procedures. For disclosure requests, we consider your preferred method, including electronic delivery, as required by applicable rules. If we cannot use the requested method or decline all or part of a request, we will notify you and explain the reasons as required by law.
Changing or withdrawing your preferences does not affect processing lawfully carried out beforehand or remove statutory retention obligations. The Company also honours any other rights or remedies required by applicable law.
12. Published Personal Profiles and Images
The Company publishes team members’ information, images and content only within the scope lawfully authorised. Individuals may use the contact details in Section B.2 to request a review, correction or consideration of removal.
Removing content from the Company’s website does not guarantee immediate removal of copies held by others or search engine results. This does not limit our responsibilities for content under our control or any statutory duty to assist.
13. Updates to This Policy
When this Policy changes, the Company publishes the updated version and its effective date. For material changes to purposes, recipients or processing arrangements, we provide additional notice or obtain consent before implementation where required by law.
Continued use of the website does not replace separate consent required by law for processing information.