1.1. At VISNAM ,
we take your privacy seriously. We are committed to complying with all data
protection/privacy laws as are applicable to us.
1.2. In the course of providing you with the Services or access to the Platform
(as defined in the Terms of Use), we will be collecting, using, disclosing,
storing and/or processing data, including your personal data.
1.3. This Privacy Policy exists to
keep you in the know about how we collect, use, disclose, store and/or process
the data we collect and receive during the course of providing the Services or
access to the Platform to you, our customer. We will only collect, use,
disclose, store and/or process your personal data in accordance with this
Privacy Policy.
1.4. It is important that you read
this Privacy Policy together with any other applicable notices we may provide
on specific occasions when we are collecting, using, disclosing and/or
processing personal data about you, so that you are fully aware of how and why
we are using your personal data.
1.5. BY CLICKING OR CHECKING �SIGN
UP�, �I AGREE TO VISNAM�S PRIVACY POLICY�, �I AGREE AND CONSENT TO THE
COLLECTION, USE, DISCLOSURE, STORAGE AND/OR PROCESSING OF MY PERSONAL DATA FOR
THE PURPOSE STATED IN, AND UNDER THE TERMS OF, VISNAM�S PRIVACY POLICY� OR SIMILAR
STATEMENTS AVAILABLE AT THE VISNAM REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU
HAVE BEEN NOTIFIED OF AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT
YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DICLOSURE AND/OR
PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.
1.6. We may update this Privacy Policy
from time to time. Any changes we make to this Privacy Policy in the future
will be posted on this page and, for material changes only (where appropriate
and/or permitted under local law), notified to you, whereupon your continued
use of the Services, access to the Platform or use of the Services, including
placing Orders on the Platform, shall constitute your acknowledgment and
acceptance of the changes we make to this Privacy Policy. Please check back
frequently to see any updates or changes to this Privacy Policy.
1.7. This Privacy Policy applies in
conjunction with other notices, contractual clauses and consent clauses that
apply in relation to the collection, storage, use, disclosure and/or processing
of your personal data by us and is not intended to override them unless we
state expressly otherwise.
1.8. You can visit the Platform and
browse without having to provide personal details. However, you will be
required to sign up for an account if you wish to use the Services.
2.1. Personal Data means any information,
whether recorded in a material form or not, from which the identity of an
individual is apparent or can be reasonably and directly ascertained by the
entity holding the information, or when put together with other information
would directly, indirectly, and certainly identify an individual.
2.2. During the course of your use of
the Platform and the provision of the Services, we may collect personal data
from you, which includes but is not limited to:
(a) Identity data, such as your name,
gender, profile picture, and date of birth;
(b) Contact data, such as billing
address, delivery address, email address and phone numbers;
(c) Account data, such as bank account
and payment details;
(d) Transaction data, such as details
about orders and payments to and from you, and other details of products and
Services that you have purchased or obtained through the Platform;
(e) Technical data, such as internet
protocol (IP) address, your login data, browser type and version, time zone
setting and location, browser plug-in types and versions, operating system and
platform, international mobile equipment identity, device identifier, and other
information and technology on the devices you use to access the Platform;
(f) Profile data, such as your
username and password, purchases or orders made by you, your interests,
preferences, feedback and survey responses;
(g) Usage data, such as information on
how you use the Platform, products and Services or view any content on the
Platform;
(h) Location data, such as when you
capture and share your location with us in the form of photographs or videos
and upload such content to the Platform;
(i)
Biometric data, such as voice files when you use our voice search function, and
facial and other bodily features and voice of yourself and/or another other persons featured in your video when you upload videos onto
the Platform; and
(j) Marketing and communications data,
such as your preferences in receiving marketing from us and our third parties
and your communication preferences.
2.3. During the course of your use of
the Platform and the provision of the Services, we may receive personal data
from you in the following situations:
(a) When you create an account with
us;
(b) When you apply for any of the
Services or purchase any products available on the Platform;
(c) When you use any of the features
or functions available on the Platform or Services;
(d) When you record any user-generated
content which is uploaded on the Platform;
(e) When you use the chat function on
the Platform;
(f) When you subscribe to our
publications or marketing collaterals;
(g) When you enter a competition,
promotion or survey;
(h) When you participate in any
activity or campaign on the Platform;
(i) When you
log in to your account on the Platform or otherwise interact with us via an
external service or application, such as Facebook or Google;
(j) When any other user of the
Platform posts any comments on the content you have uploaded on the Platform or
when you post any comments on other users� content uploaded to the Platform;
(k) When a third-party
lodges a complaint against you or the content you have posted on the
Platform;
(l) When you access or use mobile
games (including our augmented reality games) on the Platform; and
(m) When you interact with us offline,
including when you interact with our outsourced customer service agents.
2.4. During the course of your use of
the Platform and the provision of the Services, you expressly consent to the
transfer of your personal data from third parties to VISNAM for the purposes
set out in this Privacy Policy or any other terms.
2.5. You must only submit personal
data which is accurate and not misleading and you must keep it up to date and
inform us of any changes to the personal data you have provided to us. We shall
have the right to request for documentation to verify the personal data provided
by you as part of our customer verification processes.
2.6. We will only be able to collect
your personal data if you voluntarily submit the personal data to us or as
otherwise provided for under this Privacy Policy. Unfortunately, if you choose not
to submit your personal data to us or subsequently withdraw your consent to our
use of your personal data, we may not be able to provide you with the Services
or access to the Platform.
2.7. You may access and update your
personal information submitted to us at any time as described below.
2.8. If you provide personal data of
any third party to us, you represent and warrant that you have obtained the
necessary consent, license and permissions from that third party to share and
transfer his/her personal data to us, and for us to collect, store, use and
disclose that data in accordance with this Privacy Policy.
2.9. If you sign up to be a user on
our Platform using your social media account or link your VISNAM account to
your social media account or use certain other VISNAM social media features, we
may access personal data about you which you have voluntarily provided to your
social media provider in accordance with the provider's policies and we will
manage your personal data in accordance with this Privacy Policy.
3.1. The personal data we collect from
you or via third parties may be used by us, or shared with or transferred to
third parties (including related companies, third party service providers and
their service providers and related companies, companies located both inside
and outside your home country, third party sellers and other users), for
certain purposes, which include but are not limited to the following:
(a) To facilitate your use of the Services
or access to the Platform,
(b) To respond to your queries,
feedback, claims or disputes, whether directly or through our outsourced
customer service agents;
(c) To process orders
you submit through the Platform (payments that you make through the Platform
for products, whether sold by us or a third party seller, will be processed by
our agent);
(d) To deliver the products you have
purchased through the Platform, whether sold by us or a third-party seller. We
may pass your personal information on to a third party in order to make
delivery of the product to you (for example to our courier or supplier),
whether the product is sold through the Platform by us or a third-party seller;
(e) To update you on the delivery of
the products, whether sold through the Platform by us or a third-party seller,
and for customer support purposes;
(f) To compare information, and verify
with third parties in order to ensure that the information is accurate;
(g) To ascertain your identity for
fraud detection purposes;
(h) To facilitate the takedown of
prohibited and controlled items from our Platform;
(i) To
administer your account (if any) with us;
(j) To verify and carry out financial
transactions in relation to payments you make online;
(k) To audit the downloading of data
from the Platform;
(l) To improve the layout or content
of the pages of the Platform and customise them for
users;
(m) To identify visitors on the
Platform;
(n) To carry out research on our
users� demographics and behaviour;
(o) To provide you with information we
think you may find useful or which you have requested from us, including
information about our or third party sellers� products
and services, provided you have indicated that you have not objected to being
contacted for these purposes;
(p) To display your name, username or
profile on the Platform;
(q) To allow other users to identify
you (via the "Find my friends" or any other similar function) as a
user of the Service, to allow you to find other users and to connect with them
on the Platform, and to support the socializing function of the Services;
(r) To promote the Services and use
information that you give to us, such as user-generated content (including
video content) that you can choose to upload or broadcast on our Platform and
will be assessible on the internet and may be shared
by the public (the latter of which is not within our control), as part of our
advertising and marketing campaigns to promote the Platform;
(s) To process any complaints,
feedback, enforcement action and take-down requests in relation to any content
you have uploaded to the Platform;
(t) To display on scoreboards on the
Platform in relation to campaigns, mobile games or any other activity;
(u) To derive further attributes
relating to you based on personal data provided by you (whether to us or third
parties), in order to provide you with more targeted and/or relevant
information;
(v) To send you marketing or
promotional materials about our or third-party sellers� products and services
from time to time (unless you choose to opt-out from receiving these
materials); and
(w) We may also conduct automated
decision-making processes in accordance with any of these purposes.
3.2. For the avoidance of doubt, you
acknowledge and consent to VISNAM sharing anonymised
information such as but not limited to in the following circumstances:
(a) Aggregated information. We may
conduct joint data analytics projects with selected third-party providers using
anonymised information to predict user interests and
provide users with more targeted and/or relevant information based on
aggregated information about that user�s activities outside the Platform
(b) Behavioural-based
advertising. We may collaborate with selected third parties using anonymised information to derive certain models that would
facilitate more accurate advertising to selected users.
3.3. You may unsubscribe from
receiving marketing information at any time by using the unsubscribe function
within the electronic marketing material. We may use your contact information
to send newsletters from us and from our related companies.
3.4. In exceptional circumstances, we
may be required to disclose personal information, such as when there are grounds
to believe that the disclosure is necessary to prevent a threat to life or
health, or for law enforcement purposes, or for fulfilment of legal and
regulatory requirements and requests.
3.5. We may share and permit the
sharing of your personal data with third parties and our affiliates for any of
the abovementioned purposes, including but not limited to, facilitating your
use of the Services, completing a transaction with you, managing your account
and our relationship with you, marketing and fulfilling any legal or regulatory
requirements and requests as deemed necessary by us. In sharing your personal
data with them, we endeavour to ensure that the third
parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure,
processing or similar risks and retain your personal data only for as long as
they need your personal data to achieve the abovementioned purposes.
3.6. If you are located in Vietnam, we
may transfer or permit the transfer of your personal data outside of Vietnam
for any of the purposes set out in this Privacy Policy.
4.1. You may communicate the
withdrawal of your consent to the continued use, disclosure, storing and/or
processing of your personal data for any of the purposes and in the manner as
stated above at any time.
4.2. Please note that if you
communicate your withdrawal of your consent to our use, disclosure, storing or
processing of your personal data for the purposes and in the manner as stated
above, we may not be in a position to continue to provide the Services to you
or perform on any contract we have with you, and we will not be liable in the
event that we do not continue to provide the Services to, or perform our
contract with you. Our legal rights and remedies are expressly reserved in such
an event.
5.1. It is important that the personal
data you provide to us must be accurate and complete for you to continue using
the Platform and for us to provide the Services. You are responsible for
informing us of changes to your personal data, or in the event you believe that
the personal data we have about you is inaccurate, incomplete, misleading or
out of date.
5.2. You can update your personal data
anytime by accessing your account on the Platform.
5.3. We take steps to share the
updates to your personal data with third parties and our affiliates with whom
we have shared your personal data if your personal data is still necessary for
the above-stated purposes.
6.1. You may request information about
your personal data which we have collected or enquire about the ways in which
your personal data may have been used, disclosed, stored or processed by us
within the past year. In order to facilitate processing of your request, it may
be necessary for us to request further information relating to your request.
6.2. We reserve the right to charge a
reasonable administrative fee for retrieving your personal data records. If so,
we will inform you of the fee before processing your request.
6.3. We will respond to your request
as soon as reasonably possible. Should we not be able to respond to your
request within twenty-one (21) days from the date of your request, we will
inform you in writing. If we are unable to provide you with any personal data
or to make a correction requested by you, we shall generally inform you of the
reasons why we are unable to do so (except where we are not required to do so
under the applicable data protection laws).
7.1. To safeguard your personal data
from unauthorised access, collection, use,
disclosure, processing, copying, modification, disposal, loss, misuse,
modification or similar risks, we have introduced appropriate administrative,
physical and technical measures such as:
(a) Restricting access to personal
data to individuals who require access;
(b) Maintaining technology products to
prevent unauthorised computer access; and
(c) Using 128-bit SSL (secure sockets
layer) encryption technology when processing your financial details.
7.2. If you believe that your privacy
has been breached by VISNAM, please contact us immediately.
7.3. You should be aware, however,
that no method of transmission over the internet or method of electronic
storage is completely secure. While security cannot be guaranteed, we strive to
protect the security of your information and are constantly reviewing and
enhancing our information security measures.
7.4. Your password is the key to your
account. Please use unique numbers, letters and special characters, and do not
share your VISNAM password to anyone. If you do share your password with
others, you will be responsible for all actions taken in the name of your
account and the consequences. If you lose control of your password, you may
lose substantial control over your personal data and other data submitted to
VISNAM. You could also be subject to legally binding actions taken on your
behalf. Therefore, if your password has been compromised for any reason or if
you have grounds to believe that your password has been compromised, you should
immediately contact us and change your password. You are reminded to log out of
your account and close the browser when you are finished with using a shared
computer.
8.
Retention of Personal Data
8.1. We will only retain your personal
data for as long as we are either required to by law or as is relevant for the
purposes for which it was collected.
8.2. We will cease to retain your
personal data, or remove the means by which the data can be associated with
you, as soon as it is reasonable to assume that such retention no longer serves
the purposes for which the personal data was collected, and is no longer
necessary for any legal or business purpose.
9. Minors
9.1. VISNAM does not sell products for
purchase by minors (which is to be determined based on the applicable law), nor
does it intend to provide any of the Services or the use of the Platform to
minors. We do not knowingly collect any personal data relating to minors.
9.2. You hereby confirm and warrant
that you are above the age of minority and you are capable of understanding and
accepting the terms of this Privacy Policy. If you are a minor, you may use our
Platform only with the involvement of a parent or guardian.
9.3. As a parent or legal guardian,
please do not allow minors under your care to submit personal data to VISNAM.
In the event that such personal data of a minor is disclosed to VISNAM, you
hereby consent to the processing of the minor�s personal data and accept and
agree to be bound by this Privacy Policy and take responsibility for his or her
actions.
9.4. We will not be responsible for
any unauthorised use of the Services on the Platform
by yourself, users who act on your behalf or any unauthorised
users. It is your responsibility to make your own informed decisions about the
use of the Services on the Platform and take necessary steps to prevent any
misuse of the Services on the Platform.
10.
Collection of Computer Data
10.1. We or our authorised
service providers may use cookies, web beacons, and other similar technologies
for storing data to help provide you with a better, faster, safer and personalised experience when you use the Services or access
the Platform.
10.2. When you visit the Platform
through your computer, mobile device, or any other device with internet
connectivity, our company servers will automatically record data that your
browser sends whenever you visit a website. This data may include:
(a) Your computer or device's IP
address;
(b) Browser type;
(c) Webpage you were visiting before
you came to the Platform;
(d) The pages within the Platform
which you visit; and
(e) The time spent on those pages,
items and data searched for on the Platform, access times and dates, and other
statistics.
10.3. This data is collected for
analysis and evaluation in order to help us improve our website and the
services and products we provide.
10.4. Cookies are small text files
(typically made up of letters and numbers) placed in the memory of your browser
or device when you visit a website or view a message. They allow us to
recognize a particular device or browser and help us to personalise
the content to match your preferred interests more quickly, and to make the
Services and the Platform more convenient and useful to you.
10.5. You may be able to manage and
delete cookies through your browser or device settings. For more information on
how to do so, visit the help material of your browser or device.
10.6. Web beacons are small graphic
images that may be included on our Service and the Platform. They allow us to
count users who have viewed these pages so that we can better understand your
preference and interests.
11.
VISNAM's Right to Disclose Personal Data
11.1. YOU ACKNOWLEDGE AND AGREE THAT
VISNAM HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY,
GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT
OWNERS, IF VISNAM HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR
PERSONAL DATA IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS,
REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF
COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY
SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO
TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST VISNAM FOR
THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.
12. Third
Party Sites
12.1. The Platform may contain links
to other websites operated by other parties, such as our business affiliates,
merchants or payment gateways. We are not responsible for the privacy practices
of websites operated by these other parties. You are advised to check on the
applicable privacy policies of those websites to determine how they will handle
any information they collect from you.
13.
Questions, Feedback, Concerns, Suggestions or Complaints
13.1. If you have any questions on
personal data protection or data privacy, please refer to our list of
frequently asked questions on data protection / privacy.
13.2. If your question is not covered
in our FAQs, or if you have any feedback, concerns, suggestions or complaints
in relation to personal data, please feel free to contact us at 1900-1007.
To refer to the previous version of
the Privacy Policy, please click here.
This version is effective on 31
October 2019.