Privacy Policy

NOTICE

ON PERSONAL DATA PROCESSING AND PROTECTION

 

Effective from.............................................

PLEASE READ THIS NOTICE ON PERSONAL DATA PROCESSING AND PROTECTION (“NOTICE”) CAREFULLY BEFORE PROCEEDING TO ACCESS OR USE ANY FEATURES, WEBSITES, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES, WORKS PROVIDED BY US.

Note: terms capitalized with the first letter in this Notice, unless specifically explained otherwise herein, are construed and have their respective meanings according to Decree No. 13/2023/ND-CP, issued on April 17, 2023 (effective from July 1, 2023), on personal data protection (and amendments, supplementations thereof from time to time) (“Decree 13/2023/ ND-CP”).

 

  1. SUBJECT PROCESSING PERSONAL DATA
    1. Within the territory of the Socialist Republic of Vietnam, subject to the features, websites (domain names), applications, software, products, services, and works (“Platform and Services”) deployed/ provided/ recruited by  ……………… Company, business code of …………, (hereinafter referred to as “we”), we will be the Personal Data Controller or Personal Data Controller and Processor on case-by-case basis.
    2. We have the sole right to carry out, perform any and/or all activities/actions affecting the Personal Data (collectively referred to as “Personal Data Processing”), which you provide to us and/or being collected by us in the ways and for the specific purposes specified in this Notice. The Processing of Personal Data may, at our discretion, be carried out partly and/or entirely (i) in one or more different Countries/territories; and (ii) by us and/or our parent company, subsidiaries, affiliates/members, contractors/related service providers, partners for purposes of Personal Data Processing identified in this Notice.
  2. COLLECTION OF PERSIONAL DATA
    1. Subjec to your use and/or interaction with our Platform and Services, you may be required to provide (and/or proactively provide) us with Personal Data and we may collect Personal Data provided by you directly and/or indirectly. However, you may choose not to provide us with certain information, but you will not be able to enjoy some or all of the interests/ features provided by the Platform and Services that we provide to our customers. For the sake of clarity, the Personal Data you may choose to provide to us will, in some cases, be Sensitive Personal Data as defined by applicable regulations, and will be “printed Bold italics and underlining” or noted on a case-by-case basis.
    2. In the course, whether present or future, of (i) your use of the Platform and Services and/or your interactions with us, and/or (ii) our provision of the Platform and Services and/or our interactions with you, you agree that we may receive/ collect Personal Data through interactions with and/or provided by you (directly and /or indirectly) in any form, including but not limited to the following:
      1. When you access, interact, and use our websites (domain names), applications, and software on any version, operating system, or electronic device;
      2. When you fill out and provide Personal Data in forms, documents, materials (and/or any other form), and provide it to us (including whether you customers create/register an account with us in any capacity and form);
      3. When you use and/or register to use the Platform and Services (including where such registration is made through our affiliates, contractors, partners);
      4. When you enter into contracts, agreements and/or carry out transactions related to and/or arising from the Platform and Services;
      5. When you sign up to receive our publications and/or advertising and marketing products;
      6. When you participate in promotions, surveys and/or any other activities organized by us (including our affiliates, contractors, partners, and related parties);
      7. When you submit your application, resume, etc. to us (including cases where the application is made through our affiliates/ contractors/ partners);
      8. When you (directly and/or indirectly) contact and interact with us (such as through direct communication, calls, video and audio recording systems, etc.), including even when you interact with our outsourced employees, contractors, partners, and affiliates.
    3. We may collect your Personal Data from third parties (including but not limited to agents, suppliers, contractors, partners and any other person providing services to us who collect your Personal Data, such as healthcare providers, payment providers, government data sources, service providers financial services, credit institutions, partners providing marketing services and other services), or our affiliates, or such data may be collected automatically.
    4. Computer data collection
      1. We or our authorized service providers may collect and use cookies and similar technologies in connection with your online use of the Platform and Services.For the sake of clarity, Cookies are small text files (usually consisting of letters and numbers) that are placed in the memory of your browser or electronic device when you visit a website (domain name), applications, software. Cookies allow us to recognize a specific device or browser. You can manage and delete cookies through your browser or electronic device settings. However, certain cookies are required to enable basic functionality, so please note that changing and deleting cookies may impact the functionality and experience of your Platform and Services.
      2. When you access our websites (domain names), applications, software through any electronic device with an Internet connection, you agree that our servers will automatically record data that your browser sends whenever you access a website (domain name), application, or software, such as location data of individuals identified through location services (if any).
      3. This data is collected for analysis and evaluation to help us improve our websites (domains), applications, software and the Platform and Services that we provide, as well as help us personalize content to match our customers’ preferences more quickly. Data is also collected to make the Platform and Services more convenient and useful to you, and to provide more relevant advertising and marketing related to the Platform and Services to you.
  3. PURPOSE OF PROCESSING PERSONAL
    1. Subject to the Platform and Services, now and/or in the future, that you use/ interact with and/or subscribe to, We may Process your Personal Data (and/or provided by you) for the following purposes, including but not limited to:
      1. Basic purposes:
        • Identify the entity to whom the Platform and Services are provided, and assist you in using the Platform and Services;
        • Provide, deploy, manage, operate, maintain, and/or improve the Platform and Services and/or your experience (including customer service) when using the Platform and Services;
        • Communicate and/or send to you, Data Subjects and/or Data Subject Representatives (as defined in Section 6.2.(b) below), by means consistent with regulations of laws, notices, updates, documents, relating to and/or arising from the Platform and Services;
        • Measure, survey, research, analyze data/performance, monitor and analyze trends in using the Platform and Services of yours;
        • Implement and comply with obligations under agreements, contracts, and commitments that we sign with you;
        • Handle, respond and/or resolve your questions, requests and feedback;
        • Any other purpose that you agree/accept from time to time.
      2. Legal and compliance purposes:
        • Seek advice from experts (including but not limited to legal, tax advice, etc.), and/or initiate complaints, lawsuits, legal actions/proceedings as necessary to protect our legitimate rights and interests in accordance with the laws;
        • Conduct and comply with internal/ independent audits and/or for other compliance purposes;
        • Support the application and enforcement of sanctions and/or legal procedures that you must comply with according to the laws;
        • Comply with the provisions of laws and comply with the requests of competent State agencies from time to time.
      3. Employment purposes (only applicable in case you apply and/or work at our company):
        • Serve the process, progress of recruitment and/or employment, working of yours at the company (and/or any affiliated or dependent units of the company), if any (including but not limited to recruitment, capacity assessment, training and development, health check, payment of salary and benefits, disciplinary action, etc).
      4. Marketing and advertising purposes (only applies in case you register to receive advertising messages, or let us send the first advertising registration message or email):
        • Send advertising registration messages and emails to you in accordance with the laws;
        • Carry out advertising and marketing of products and services to you in accordance with the laws related to advertising and marketing.
    2. Personal Data Processing is strictly necessary for the provision/ use/ experience of the Platform and Services, and Personal Data shall not be processed without obtaining the respective consent of the Data Subject Data and/or Data Subject Representative. Therefore, we will not be responsible in the event that the Platform and Services are interrupted and/or incomplete due to the inability to Process Personal Data without the respective consent/ agreement of the Data Subject and/or Data Subject Representative (or such consent/consent is withdrawn).
  4. MARKETING, INTRODUCING PRODUCTS AND SERVICES
    1. In case you subscribe to receive our publications and/or advertising and marketing products (“Marketing Publications”), we may provide/ send you Marketing Publications through forms such as sending emails, calling, sending SMS messages, using OTT applications/social networks (and/or other legal forms), with content related to the products, goods and services that we provide/ trade from time to time, and the frequency of introduction in accordance with the regulations of laws.
    2. In case you do not want to continue receiving Marketing Publications, you can unsubscribe from Marketing Publications in one of the following ways:
      1. 1st method: Unsubscribe by email
        • Step 1: Open the latest marketing emails from us;
        • Step 2: Scroll down to the bottom of the email, find and click the “Unsubscribe” link;
        • Step 3: Follow the instructions in the link to complete your unsubscription.
      2. 2nd method: Contact customer service
        • Call …………… and request to unsubscribe from Marketing Publications; or
        • Send an email requesting unsubscription to …………… with the subject line “Unsubscribe from Marketing Publications” and follow the instructions from the customer service to complete the unsubscribe.
      3. 3rd method: contact directly at the office
        • Address: ……………….
        • Working hours: from …… to ……, from Monday to Friday (except for holidays and Tet holidays as prescribed by laws).
  5. PROVISION, DISCLOSURE, TRANSFER OF PERSONAL DATA
    1. For the purposes of Data Processing under this Notice, we have the right to:
      1. Share and provide Personal Data to our affiliates/members, subsidiaries, parent companies, and/or other companies/organizations having (direct or indirect) relationships with these companies through ownership of shares, capital contributions, or other forms of control (whether within or outside the territory of the Socialist Republic of Vietnam);For avoidance of misunderstanding, to the maximum extent permitted by applicable laws, nothing in this Notice shall establish joint and several liability for affiliated companies/members, subsidiaries, our parent company.
      2. Share, provide Personal Data to third parties involved in and/or supporting the provision of the Platform and Services directly and/or indirectly, including but not limited to professional consultants (such as auditors, lawyers, etc.), competent State agencies, dispute resolution agencies/ units, our subcontractors/ agents/ partners.
    2. When providing or disclosing Personal Data to such third parties, we endeavor to ensure that those third parties and our affiliates will keep such Personal Data secure from unauthorized access, collection, use, disclosure, processing or similar risks and retain Personal Data only for the period necessary to achieve the purposes mentioned above.
  6. YOUR RIGHTS AND OBLIGATIONS
    1. You, as a Data Subject or Data Subject Representative, have rights in relation to your Personal Data in accordance with the law on personal data protection (including the right to right to know, right to consent, right to access, right to withdraw consent, right to delete data, right to restrict data processing, right to provide data, right to object to data processing, right to complain/ denounce/ sue, right to request compensation for damages, right to self-defense, and other rights, if any, as specifically stipulated in Decree 13/2023/ND-CP).For the sake of clarity, you can contact us at the contact address in Section 10 below, to receive instructions on exercising the above rights.
    2. You have the following obligations:
      1. Self-protect your Personal Data; request other relevant organizations and individuals to protect your Personal Data;
      2. Respect and protect the Personal Data of others.In case you are not the Data Subject, you undertake to have full authority and corresponding consent of the Data Subject and/or the Data Subject’s legal representative and guardian (“Data Subject Representative”) as required by laws to provide the Data Subject’s Personal Data to us, and our Processing of such Personal Data in accordance with this Notice is not a violation of the law.
      3. Proive complete and accuracy Personal Data;
      4. Update and notify us about changes to the Personal Data you have provided to us (we have the right to request documents and carry out necessary checks to verify Personal Data provided by you as part of our user verification process or as required by law);
      5. Implement legal regulations on Personal Data protection and participate in preventing and combating violations of Personal Data protection regulations;
      6. Other obligations in accordance with the laws.
  7. DATA PROCESSING PERIOD
    1. We begin Processing Personal Data upon receipt of your consent to this Notice, and for a period of time consistent with the respective purpose of Processing Personal Data. In case the law has different provisions on the period of storing Personal Data, we will comply with the requirements of the relevant laws.
    2. We will stop retaining Personal Data by securely deleting such Personal Data, as soon as (i) there are reasonable grounds to believe that such retention no longer serves the purposes that the Personal Data was collected and is no longer necessary for any of our legal or business purposes; and/or (ii) you withdraw your consent, or request deletion of your Personal Data.
  8. POSSIBLE RISKS
    1. To protect Personal Data from unauthorized access, collection, use, disclosure, copying, modification, processing or similar risks, we have taken and will take appropriate management and technical measures. However, you understand that no protection method is absolutely safe, therefore, we will try our best to protect Personal Data, but cannot guarantee absolute safety for Personal Data.
    2. Our websites (domain names), software, applications may contain links to websites (domain names), software, applications of third party(ies) for the purpose of providing additional information or functions for you. Clicking (accessing) these links may lead you to websites (domain names), software, and applications operated by organizations and individuals independent of us. We are not responsible for the privacy practices of those websites (domain names), software, applications and encourage you to carefully read their privacy policies (or similar documents) before providing any Personal Data.
  9. UPDATE, AMENDMENT OF THE NOTICE
    1. We may and reserve the right to update this Notice from time to time. Any changes we make to this Notice in the future will be reflected here and/or on this website (domain name), with a time stamp to keep you informed the latest time of update.
    2. Where permitted by the applicable laws, your continued use of the Platforms and Services, or your consent to continued use of the Platforms and Services, following such modifications, updates, or amendments to this Notice (whether or not you have reviewed such amendment, update or revision) will constitute your acknowledgment and acceptance of our changes to this Notice. You agree that it is your responsibility to regularly review and check the Notice to see if any updates or changes have been made to this Notice.
  10. INQUIRIES REGARDING THE PROCESSING OF PERSONAL DATA

You, as Data Subject or Data Subject Representative, may send requests/ questions regarding this Notice and/or the Processing of your Personal Data to:

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This Notice is made in both the English language and the Vietnamese language, and both texts are equally original. In case of any inconsistency or different interpretation between the Vietnamese language and the English language, the Vietnamese language shall prevail.

 

Regards,