PERSONAL DATA PROTECTION POLICY FOR CUSTOMERS AND PARTNERS
FOREWORD
The Personal Data Protection Policy for Customers/Partners of PHU HOANG LAND REAL ESTATE COMPANY LIMITED (hereinafter referred to as the “Policy”) is intended to inform Customers and Partners of the Personal Data of Customers/Partners processed by PHU HOANG LAND REAL ESTATE COMPANY LIMITED (“PHL”), the purpose of processing, the method of processing, the retention period, and the rights and obligations of Customers/Partners regarding their Personal Data in accordance with the laws of Vietnam on Personal Data Protection. This Policy also provides recommendations to help Customers/Partners raise their awareness of personal data protection.
This Policy is an inseparable part of PHL’s Contracts, General Terms, and Terms of Use for its products and services. This Policy applies to all of PHL’s product and service provision activities and applies across all platforms that interact with individual Customers/Partners in the digital environment.
PHL is responsible for notifying Customers/Partners of this Policy and obtaining their consent before carrying out personal data processing activities in accordance with the law. By ticking the box “I have read and accept” or “I agree to PHL’s Policy and Terms of Use,” or by signing a contract with PHL that references this Policy, or by signing or continuing to perform a contract or transaction already signed with PHL, or by continuing to register for, log in to, or use PHL’s website/wapsite/application, or by using PHL’s products or services without raising any complaint regarding this Policy, the Customer/Partner confirms that they have carefully read, fully understood, and accepted the entire content of PHL’s Personal Data Protection Policy as issued from time to time.
Article 1. Definitions and Interpretation
Within the scope of this Policy, the following terms are understood and interpreted as follows:
| 1. | PHL/Company | PHU HOANG LAND REAL ESTATE COMPANY LIMITED. |
| 2. | Customer/Partner: | (i) An individual, or the legal representative of an individual, who uses and/or is interested in PHL’s products and services; (ii) An individual, or the legal representative of an individual, who has accessed and/or registered an account on websites/wapsites/applications owned by PHL; (iii) An individual, or the legal representative of an individual, who signs or performs a contract or transaction with PHL, including but not limited to work related to investment, capital contribution, construction, business, trade, or advertising, or otherwise carries out work in accordance with applicable law, but excluding individuals who are candidates or employees of PHL under the Personal Data Protection Policy for Employees, Candidates and Related Persons issued by PHL from time to time. |
| 3. | PHL’s products and services: | (i) Products and services directly operated, developed, and provided by PHL to Customers and Partners. (ii) Products and services provided to Customers/Partners through PHL’s cooperation with partners. |
Article 2. Processing of Personal Data
1. PHL processes Personal Data in the following cases:
a. When the Customer/Partner or their legal representative contacts PHL to request advice on PHL’s products or services, or expresses interest in PHL’s products or services;
b. When the Customer/Partner trials, signs a contract for, registers for, or uses PHL’s products or services;
c. When the Customer/Partner accesses and/or registers an account on PHL’s product/service websites/wapsites/applications;
d. When the Customer/Partner consents to provide Personal Data to PHL through public sources such as: PHL’s product/service websites/wapsites/applications; meetings, events, seminars, conferences, social networks, or dialogue/discussion programs organized, sponsored, or attended by PHL; and/or from cookies recorded on PHL’s website;
e. When a customer or partner of an organization or enterprise permits that organization or enterprise to share the customer’s personal data with PHL;
f. Being a customer of an organization or enterprise in which PHL makes capital contributions or purchases shares; or being a customer of an organization or enterprise that cooperates with PHL in providing products or services.
g. At the request of competent state authorities.
h. When PHL carries out activities for the purposes of processing Personal Data as set out in Article 3 of this Policy.
i. Other cases as prescribed by law.
2. Personal Data of Customers/Partners processed by PHL (hereinafter referred to as “Personal Data”) includes the following information and may vary depending on the type of product or service and the manner in which the Customer/Partner interacts with PHL:
a. Basic Personal Data: Surname, middle name and birth name, other names (if any);
– Date of birth; date of death or date of disappearance;
– Gender;
– Place of birth, place of birth registration, permanent residence, temporary residence, current residence, hometown, contact address;
– Nationality;
– Personal images;
– Phone number, ID card number, personal identification number, passport number, driver’s license number, vehicle license plate number, personal tax code, social insurance number, health insurance card number;
– Marital status;
– Information on family relationships (parents, children);
– Information on the individual’s digital accounts; personal data reflecting activities and activity history in cyberspace;
– Other information associated with or that helps identify a specific individual, not falling under Point b, Clause 2 of this Article.
b. Sensitive Personal Data:
– Data on crimes and criminal acts collected and stored by law enforcement agencies;
– Information on Customers/Partners of credit institutions, foreign bank branches, payment intermediary service providers, and other licensed organizations, including: Customer/Partner identification information as prescribed by law, account information, deposit information, information on assets deposited, transaction information, and information on organizations or individuals acting as guarantors at credit institutions, bank branches, or payment intermediary service providers;
– Data on an individual’s location determined via location services.
– Other personal data classified by law as specific/sensitive and requiring necessary security measures.
c. PHL will notify the Customer/Partner of the Personal Data that must be provided mandatorily and/or that may be provided optionally at the time the Customer/Partner contacts, communicates with, registers with, or signs a contract with PHL. Mandatory Personal Data is understood to be Personal Data that PHL must collect from the Customer/Partner in accordance with the law, or Personal Data essential for deploying part or all of PHL’s products and services to the Customer/Partner.
d. If the mandatory Personal Data required by PHL is not provided, the Customer/Partner will be unable to use certain products or services of PHL. In this case, PHL may refuse to provide the product or service to the Customer/Partner without being liable for any compensation and/or penalty for breach (except where the fault lies with PHL).
e. From time to time, the Customer/Partner may voluntarily provide PHL with Personal Data beyond what PHL has requested. When the Customer/Partner provides Personal Data beyond PHL’s requirements, this means the Customer/Partner permits PHL to process such Personal Data for the purposes stated in this Policy or for the purposes stated at the time the Customer/Partner provided such Personal Data. In addition, when the Customer/Partner voluntarily provides information beyond PHL’s requirements, the Customer/Partner is requested not to provide Sensitive Personal Data as defined by law at that time. PHL will not process, and will not bear any legal liability for, any Sensitive Personal Data voluntarily provided by the Customer/Partner beyond PHL’s requirements.
PERSONAL DATA PROTECTION POLICY FOR EMPLOYEES, CANDIDATES, AND RELATED PERSONS
FOREWORD
PHU HOANG LAND REAL ESTATE COMPANY LIMITED (hereinafter referred to as “PHL” or “we”) is committed to respecting and making every effort to ensure the confidentiality and the rights of the Data Subject with respect to the Personal Data of Employees, Candidates, and Related Persons. In processing the Personal Data of the Data Subject, we will implement and comply with the contents of this Personal Data Processing Policy for Employees, Candidates, and Related Persons (hereinafter referred to as the “Policy”).
This Policy applies to us in our capacity as the Data Controller and Processor of Personal Data, and accordingly, PHL will determine the purposes and means of, and directly carry out, the Processing of personal data. This Policy is publicly announced on PHL’s official website.
PHL reserves the right to amend or supplement this Policy at any time. PHL will publicly announce any amended or supplemented version of the Policy on PHL’s official website. PHL encourages the Data Subject to regularly review the Policy to stay informed of the latest updates on how we protect the Data Subject’s Personal Data.
Article 1. Definitions and Interpretation
Within the scope of this Policy, the following terms are understood and interpreted as follows:
| 1. | PHL/Company: | PHU HOANG LAND REAL ESTATE COMPANY LIMITED. |
| 2. | Personal Data Processor: | An organization that carries out data processing on behalf of PHL, pursuant to a contract or agreement with PHL. |
| 3. | Data Subject: | The individual reflected by the Personal Data, referring to the Employee and/or Candidate and/or Related Person |
| 4. | Personal Data: | Understood as information in the form of symbols, letters, numbers, images, sounds, or similar forms in an electronic environment, associated with or helping to identify a specific individual. Personal Data includes Basic Personal Data and Sensitive Personal Data. |
| 5. | Processing of Personal Data: | One or more operations affecting Personal Data, such as: collecting, recording, analyzing, verifying, storing, editing, disclosing, accessing, retrieving, retracting, encrypting, decrypting, copying, sharing, transmitting, providing, transferring, deleting, or destroying Personal Data, or other related actions. |
| 6. | Employee: | Any individual who has a labor relationship or employment relationship with PHL under a probationary contract, labor contract, vocational training contract, internship agreement, or other agreements as prescribed by law. |
| 7. | Candidate: | An individual who has submitted an application to become an employee, intern, or hold other job positions at PHL. |
| 8. | Related Person: | Individuals related to the Data Subject, including but not limited to dependents, spouse, children, biological parents, adoptive parents, friends, references, emergency contacts, and/or other individuals with another relationship to that Data Subject. |
| 9. | Consent: | A letter sent by the Data Subject to PHL, or forms/contracts entered into between PHL and the Data Subject, or other forms consistent with legal regulations, expressing the Data Subject’s consent to the Processing of their Personal Data. For a Data Subject who is a Candidate applying online, Consent is expressed by: ticking the declaration box “I have read, fully understood, and agree to PHL’s personal data processing policy” or similar declarations displayed on PHL’s paper documents or platforms, equivalent to the purposes of personal data processing at PHL. |
Article 2. General Provisions
- This Policy will specifically stipulate the following matters:
- The scope and purpose of Processing the Data Subject’s personal data;
- The parties participating in the Personal Data Processing process;
- The rights and obligations related to the Data Subject’s Personal Data;
- The start and end times of Personal Data Processing;
- The method of Personal Data Processing;
- Potential unintended consequences or damages; and
- Other matters related to Personal Data Processing.
- By submitting an application to PHL and/or by permitting PHL to use their Personal Data and/or that of a Related Person, the Data Subject accepts all the terms and conditions detailed in this Policy (hereinafter collectively referred to as the “Terms and Conditions of Personal Data Processing”.
- By providing PHL with the Personal Data of a Related Person, the Data Subject represents and warrants to PHL that the Related Person has been fully informed of this Policy, and that the Data Subject has obtained the Related Person’s valid consent and lawful authorization for the Processing of personal data under the Terms and Conditions of Personal Data Processing in this Policy.
- The Terms and Conditions of Personal Data Processing in this Policy form an inseparable part of the agreements, contracts, terms, and conditions governing the relationship between the Data Subject and PHL. In the event of any discrepancy and/or conflict between the Terms and Conditions of Personal Data Processing and the terms and conditions for the same purposes set out in agreements and/or contracts between the Data Subject and PHL (if any) entered into before, on the same date as, or after the date of this Policy, the Terms and Conditions of Personal Data Processing shall prevail and shall automatically supersede the terms and conditions of such agreements and/or contracts.
