PLEASE READ THIS NOTICE ON PERSONAL DATA PROCESSING AND PROTECTION (“NOTICE”) CAREFULLY BEFORE CONTINUING TO ACCESS OR USE ANY FEATURES, WEBSITES, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES, OR WORKS PROVIDED BY US.
Note: Capitalized terms used in this Notice, unless otherwise specifically defined herein, shall have the corresponding meanings as prescribed under Decree No. 13/2023/ND-CP dated April 17, 2023, effective from July 1, 2023, on personal data protection, including any amendments or supplements from time to time (“Decree 13/2023/ND-CP”).
1. PERSONAL DATA PROCESSING ENTITY
Within the territory of the Socialist Republic of Vietnam, depending on the features, websites, domain names, applications, software, products, services, or work provided, implemented, recruited, accessed, used, interacted with, applied for, or performed by ERAS LAND REAL ESTATE INVESTMENT JOINT STOCK COMPANY, Enterprise Registration No. 0315502187, hereinafter referred to as “we”, “us”, or “our”, we shall act as the Personal Data Controller or the Personal Data Controller and Processor, depending on each specific case.
We have the full authority to carry out any and/or all activities or actions affecting Personal Data, collectively referred to as “Personal Data Processing”, which you provide and/or which we collect by the methods and for the specific purposes stated in this Notice.
Depending on our decision, Personal Data Processing may be carried out partly and/or entirely:
(i) in one or more countries or territories; and/or
(ii) by us and/or our parent company, subsidiaries, affiliates, member companies, contractors, relevant service providers, and partners for the purposes of Personal Data Processing stated in this Notice.
2. METHODS OF PERSONAL DATA COLLECTION
Depending on your use of and/or interaction with our Platforms and Services, you may be required to provide, and/or voluntarily provide, Personal Data to us. We may collect Personal Data provided by you directly and/or indirectly.
However, you may choose not to provide certain information to us. In such case, you may not be able to enjoy part or all of the benefits or features provided through our Platforms and Services.
For clarity, the Personal Data you may choose to provide to us may, in certain cases, be Sensitive Personal Data under applicable laws, and will be marked in bold, italic, and underlined or specifically noted in each relevant case.
During your current or future use of our Platforms and Services and/or interaction with us, and/or during our provision of Platforms and Services and/or interaction with you, you agree that we may receive and collect Personal Data through interactions with you and/or information provided by you, directly and/or indirectly, in any form, including but not limited to the following:
- When you access, interact with, or use our websites, domain names, applications, or software on any version, operating system, or electronic device;
- When you fill in or provide Personal Data in forms, documents, materials, and/or any other format, and submit them to us, including when you create or register an account with us in any capacity or form;
- When you use and/or register to use our Platforms and Services, including cases where such registration is made through our affiliates, contractors, or partners;
- When you enter into contracts, agreements, and/or conduct transactions related to or arising from the Platforms and Services;
- When you subscribe to receive our publications and/or advertising or marketing materials;
- When you participate in promotions, surveys, and/or any activities organized by us, including our affiliates, contractors, partners, or related parties;
- When you submit job applications, resumes, and related documents to us, including cases where such applications are submitted through our affiliates, contractors, or partners;
- When you directly and/or indirectly contact or interact with us, such as through direct communication, phone calls, video recording systems, audio recording systems, etc., including when you interact with our outsourced employees, contractors, partners, or affiliates.
We may collect your Personal Data from third parties, including but not limited to agents, suppliers, contractors, partners, and any other persons providing services to us who collect your Personal Data, such as healthcare service providers, payment service providers, government data sources, financial service providers, credit institutions, marketing service partners, and other service providers.
Your Personal Data may also be collected from our affiliates or automatically collected when you use our Platforms and Services.
Computer Data Collection
We or our authorized service providers may collect and use cookies and similar technologies related to your use of our Platforms and Services in cyberspace.
For clarity, cookies are small text files, usually consisting of letters and numbers, placed in the memory of your browser or electronic device when you access a website, domain name, application, or software. Cookies allow us to recognize a specific device or browser.
You may manage and delete cookies through your browser or device settings. However, certain cookies are required to enable basic features. Therefore, please note that changing or deleting cookies may affect the functionality and experience of your use of our Platforms and Services.
When you access our websites, domain names, applications, or software through any internet-connected electronic device, you agree that our servers will automatically record data sent by your browser whenever you access such websites, domain names, applications, or software, such as location data determined through location services, if any.
Such data is collected for analysis and evaluation to help us improve our websites, domain names, applications, software, and the Platforms and Services we provide. It also helps us personalize content more quickly according to your preferences.
The data is also collected to make our Platforms and Services more convenient and useful for you, and to provide more relevant advertising and marketing related to the Platforms and Services in which you may be interested.
3. PURPOSES OF PERSONAL DATA PROCESSING
Depending on the Platforms and Services that you currently and/or in the future use, interact with, and/or register to use, we may process your Personal Data, and/or Personal Data provided by you, for the following purposes, including but not limited to:
Basic Purposes
- Identifying the subjects to whom the Platforms and Services are provided, and supporting you in using the Platforms and Services;
- Providing, implementing, managing, operating, maintaining, servicing, and/or improving the Platforms and Services and/or your experience, including customer care services;
- Contacting and/or sending notices, updates, and documents related to or arising from the Platforms and Services to you, the Data Subject, and/or the Representative of the Data Subject, as defined in Section 6.2(b) below, by methods compliant with applicable laws;
- Measuring, surveying, researching, analyzing data/performance, monitoring, and analyzing trends in your use of the Platforms and Services;
- Performing and complying with obligations under agreements, contracts, and commitments entered into between us and you;
- Processing, responding to, and/or resolving your questions, requests, and feedback;
- Any other purposes to which you consent from time to time.
Legal and Compliance Purposes
- Seeking advice or consultation from experts, including but not limited to legal and tax advisors, and/or making claims, lawsuits, legal actions, or legal proceedings necessary to protect our lawful rights and interests under applicable laws;
- Conducting and complying with internal audits, independent audits, and/or other compliance purposes;
- Supporting the application and enforcement of sanctions and/or legal procedures that you are required to comply with under applicable laws;
- Complying with legal regulations and fulfilling requests from competent state authorities from time to time.
Employment Purposes
Applicable only where you apply for a job and/or work at our company:
- Serving the recruitment process and/or employment or labor relationship between you and the company, and/or any affiliated or dependent unit of the company, if any, including but not limited to recruitment, competency assessment, training and development, health checks, salary and benefit payments, disciplinary handling, etc.
Marketing and Advertising Purposes
Applicable only where you subscribe to receive advertising information, or where we send the first advertising registration message or email:
- Sending advertising registration messages and emails to you in accordance with applicable laws;
- Conducting advertising and marketing of products and services to you in accordance with applicable advertising and marketing laws.
Personal Data Processing is necessary for the provision, use, and experience of the Platforms and Services. Personal Data will not be processed without the corresponding consent of the Data Subject and/or the Representative of the Data Subject.
Therefore, we shall not be responsible if the Platforms and Services are interrupted and/or incomplete because Personal Data cannot be processed due to the absence of corresponding consent from the Data Subject and/or the Representative of the Data Subject, or because such consent has been withdrawn.
4. MARKETING AND INTRODUCTION OF PRODUCTS AND SERVICES
If you subscribe to receive our advertising and/or marketing publications and materials (“Marketing Materials”), we may provide or send such Marketing Materials to you through methods such as email, phone calls, SMS, OTT applications, social networks, and/or other lawful methods.
The content may relate to the products, goods, and services that we provide or conduct business in from time to time, with an introduction frequency compliant with applicable laws.
5. PROVISION, DISCLOSURE, AND TRANSFER OF PERSONAL DATA
For the purpose of Data Processing under this Notice, we have the right to:
- Share and provide Personal Data to our affiliates, member companies, subsidiaries, parent company, and/or other companies or organizations having a direct or indirect relationship with such companies through share ownership, capital contribution, or other forms of control, whether inside or outside the territory of the Socialist Republic of Vietnam.
For the avoidance of doubt, to the maximum extent permitted by applicable laws, nothing in this Notice shall establish joint and several liability for our affiliates, member companies, subsidiaries, or parent company.
- Share and provide Personal Data to third parties related to and/or supporting the direct and/or indirect provision of the Platforms and Services, including but not limited to professional consultants such as auditors and lawyers, competent state authorities, dispute resolution bodies or agencies, subcontractors, agents, and our partners.
When providing or disclosing Personal Data to such third parties, we make efforts to ensure that such third parties and our affiliates will keep such Personal Data secure against unauthorized access, collection, use, disclosure, processing, or similar risks, and will retain Personal Data only for the period necessary to achieve the purposes mentioned above.
6. YOUR RIGHTS AND OBLIGATIONS
As a Data Subject or Representative of the Data Subject, you have rights relating to your Personal Data under personal data protection laws, including the right to know, the right to consent, the right to access, the right to withdraw consent, the right to delete data, the right to restrict data processing, the right to data provision, the right to object to data processing, the right to complain, denounce, or initiate lawsuits, the right to claim damages, the right to self-protection, and other rights, if any, as specifically provided under Decree 13/2023/ND-CP.
For clarity, you may contact us at the address stated in Section 10 below to receive guidance on the method and procedure for exercising the above rights.
You have the following obligations:
- Protect your own Personal Data and request relevant organizations and individuals to protect your Personal Data;
- Respect and protect the Personal Data of others.
If you are not the Data Subject, you undertake that you have full authority and the corresponding consent of the Data Subject and/or the lawful representative or guardian of the Data Subject (“Representative of the Data Subject”) under applicable laws to provide the Personal Data of the Data Subject to us.
You further undertake that our Processing of such Personal Data in accordance with this Notice does not violate applicable laws.
You also agree to:
- Provide complete and accurate Personal Data;
- Update and notify us of any changes to the Personal Data you have provided to us. We have the right to request supporting documents and conduct necessary checks to verify the Personal Data provided by you as part of our user verification process or as required by law;
- Comply with legal regulations on Personal Data protection and participate in preventing and combating violations of Personal Data protection regulations;
- Fulfill other obligations as required by law.
7. DATA PROCESSING PERIOD
We begin Processing Personal Data upon receiving your consent to this Notice and continue for a period appropriate to the corresponding purpose of Personal Data Processing.
Where laws provide otherwise regarding the retention period of Personal Data, we will comply with the requirements of applicable laws.
We will cease retaining Personal Data by securely deleting such Personal Data when:
(i) there are reasonable grounds to believe that such retention no longer serves the purposes for which 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 the deletion of your Personal Data.
8. POSSIBLE RISKS
To protect Personal Data from unauthorized access, collection, use, disclosure, copying, modification, processing, or similar risks, we have applied, are applying, and will continue to apply appropriate managerial and technical measures.
However, you understand that no protection method is absolutely secure. Therefore, we will make our best efforts to protect Personal Data, but we cannot guarantee absolute security for Personal Data.
Our websites, domain names, software, and applications may contain links to third-party websites, domain names, software, or applications for the purpose of providing you with additional information or functionality.
Clicking on or accessing these links may direct you to websites, domain names, software, or applications operated by organizations or individuals independent from us.
We are not responsible for the security practices of such websites, domain names, software, or applications and encourage you to carefully read their privacy policies or similar documents before providing any Personal Data.
9. UPDATES AND AMENDMENTS TO THIS NOTICE
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 or domain name, together with the update date so that you can know when this Notice was last updated.
Where permitted by local laws, your continued use of the Platforms and Services, or your consent to the continued use of the Platforms and Services, after any adjustment, update, or amendment to this Notice, whether or not you have reviewed such adjusted, updated, or amended document, shall constitute your acknowledgment and acceptance of the changes we have made to this Notice.
You agree that you are responsible for regularly reviewing and checking this Notice to determine whether any updates or changes have been made.
10. INQUIRIES RELATED TO PERSONAL DATA PROCESSING
As a Data Subject or Representative of the Data Subject, you may send requests or questions related to this Notice and/or the Processing of your Personal Data to the following address:
262 Nam Ky Khoi Nghia Street, Xuan Hoa Ward, Ho Chi Minh City, Vietnam.
This Notice is made in both Vietnamese and English, with both versions having the same original content. In case of any inconsistency or different interpretation between the Vietnamese version and the English version, the Vietnamese version shall prevail.
Sincerely.