- 1.2. Abbreviations and Definitions:
- (a) "Service" means the Cloud Service, and/or any Service, product that VNG Cloud offer.
- (b) "Personal Data" refers to information in the form of symbols, writing, numbers, images, sounds, or similar formats within the electronic environment. This information is either linked to a particular individual or aids in the identification of a specific person. Information that assists in identifying a particular individual is data originating from a person's activities that, when combined with other stored data, can pinpoint a specific individual. Personal Data encompasses both Basic Personal Data and Sensitive Personal Data (in accordance with Decree 13/2023/ND-CP).
- (c) "Processing Personal Data" means one or more activities affecting Personal Data, such as: collecting, recording, analyzing, verifying, storing, modifying, disclosing, combining, accessing, retrieving, withdrawing, encrypting, decrypting, copying, sharing, transmitting, providing, transferring, deleting, erasing Personal Data, or other related actions.
- 1.5. We reserve the right to amend this Policy at any time without your approval. The decision to inform you, seek your consent according to Clause 1.3, or not, will depend on the purpose, scope, and nature of the amendment, as well as the legal regulations regarding personal data protection that are applicable from time to time.
2. WHEN WILL VNG CLOUD COLLECT YOUR PERSONAL DATA?
- 2.1. VNG Cloud will/may collect personal data about you:
- (a) When you register and/or use our Service or sites, or create an account with us;
- (b) When you submit any form, including, but not limited to, application forms or other forms related to any of our products and services, whether online or through a physical form;
- (c) When you enter into any agreement or provide other documentation or information in relation to your interactions with us, or when you use our products and services;
- (d) When you interact with us, such as through telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms, and emails;
- (e) When you use VNG Cloud's services, or interact with us via VNG Cloud's telephone or Site, or use VNG Cloud services. This includes, but not limited to, interactions through cookies which we may deploy when you engage with our Service or Site;
- (f) When you carry out transactions through our Portal or Site;
- (g) When you provide feedback or complaints to VNG Cloud;
- (h) When you register for contests or promotional events;
- (i) When you submit your personal data to VNG Cloud for any reason.
- 2.2. The above examples only outline some common scenarios in which personal data about you may be collected; they do not fully represent every circumstance under which VNG Cloud collects your personal data.
3. WHAT PERSONAL DATA WILL VNG CLOUD COLLECT?
- 3.1. The personal data that VNG Cloud may collect includes, but is not limited to:
- (a) Name;
- (b) Email Address;
- (c) Date of Birth;
- (d) ID Information (ID card, passport, including Date and Place of Issuance);
- (e) Residential address;
- (f) Billing information, excluding customer information from credit organizations, foreign bank branches, authorized payment intermediary service providers, and other authorized organizations;
- (g) Phone number;
- (h) Gender;
- (i) Your image which was taken by the device;
- (j) Information sent by or associated with the device(s) used to access our Service(s);
- (k) Any other information about you when signing up to use our Service, and when using the Service, as well as information related to how you use our Service; and
- (l) Aggregate data on content the user engages with.
- 3.2. You agree not to submit any information to us which is inaccurate or misleading, and you agree to inform us of any inaccuracies or changes to such information. VNG Cloud reserve the right at our sole discretion to require further documentation to verify the information provided by you.
4. COLLECTION OF OTHER DATA
- 4.1. As with most websites and mobile applications, your device sends information, which may include data about you that gets logged by a web server when you use VNG Cloud Service. This typically includes, but not limited to, your device's Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), the pages you visit on VNG Cloud website and mobile applications and the times of visit, and sometimes a "cookie" (which can be disabled using your browser preferences) to help the site remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how visitors use our Service and Site.
- 4.2. VNG Cloud's Service may use technologies such as Camera API or similar technologies provided by VNG Cloud's operating system of mobile devices; These technologies are used to record the user's facial expression information and for in-app features. For this information, we do not use it for any purpose other than the features provided in the application; You have the right to refuse camera access for these features at any time (but you should note that, when you stop granting camera access to the app, some of the app's features will not work); and we do not store nor share this information with any third parties.
- 5.1. We may from time to time implement "cookies" or other features to allow us or third parties to collect or share information that will help us improve our Site and the Service we offer, or help us offer new Service and features. "Cookies" are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Service or website are used or visited, by how many people and to track activity within our site. We may link cookie information to Personal Data. Cookies also link to information regarding what items you have selected for purchase pages you have viewed, or Service you have used. This information is used to keep track of your shopping cart, for example. Cookies are also used to deliver content specific to your interest and to monitor usage of the Service.
6. HOW DO VNG CLOUD USE THE INFORMATION THAT YOU PROVIDE?
- 6.1. We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
- (a) To consider and/or process your application/transaction with us or your transactions or communications with third parties via the Service.
- (b) To manage, operate, provide and/or administer your use of and/or access to our Service, Site (including, but not limited to), your preferences, as well as your relationship and user account with us.
- (c) To respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and Service and notify you of Service issues and unusual account actions.
- (d) To enforce our Terms of Service or any applicable end-user license agreements.
- (e) To protect personal safety and the rights, property or safety of others.
- (f) For identification and/or verification.
- (g) To maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Service.
- (h) To deal with or facilitate customer Service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf.
- (i) To contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Service, such as but not limited to communicating administrative information to you relating to our Service. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages.
- (j) To inform you when another user has sent you a private message or posted a comment for you on our Site.
- (k) To conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and Service development and/or profiling), to analyze how you use our Service, to improve our Service or products and/or to enhance your customer experience.
- (l) To allow for advertising and other audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with VNG Cloud's Service.
- (m) For marketing and, in this regard, to send you by various modes of communication marketing and promotional information and materials relating to products and/or Service (including, but not limited to, products and/or Service of third parties whom VNG Cloud may collaborate or tie up with) that VNG Cloud (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or Service exist now or are created in the future. You can unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material or visting to “My Profile” page on website to change. We may use your contact information to send newsletters from us or from VNG Cloud's subsidiaries, affiliates.
- (n) To respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction.
- (o) to produce statistics and research for internal and statutory reporting and/or record-keeping requirements.
- (p) To carry out due diligence or other screening activities (including, but not limited to, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us.
- (q) To audit our Service or VNG Cloud's business.
- (r) To prevent or investigate any actual or suspected violations of our Terms of Service, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Service or any other matter arising from your relationship with us.
- (s) To store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction.
- (t) To deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves VNG Cloud as a participant or involves only a related corporation or affiliate of VNG Cloud as a participant or involves VNG Cloud and/or any one or more of VNG Cloud's related corporations or affiliates as participant(s), and there may be other third party organizations who are participants in such transaction. A "business asset transaction" refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organization or a portion of an organization or of any of the business or assets of an organization and/or
- (u) Any other purposes which we notify you of at the time of obtaining your consent.
- 6.2. As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the related regulation.
7. HOW DOES VNG CLOUD PROTECT AND RETAIN CUSTOMER INFORMATION?
- 7.1. VNG Cloud places a high value on adhering to personal data protection laws. Consequently, VNG Cloud implement a variety of security measures and strive to ensure the security of your personal data on VNG Cloud systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can inevitably be no guarantee of absolute security.
- 7.3. To protect your Personally Identifiable Information (PII), VNG Cloud will encrypt collected PII based on this policy before storing it into the database.
8. DOES VNG CLOUD DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS?
- 8.1. In conducting our business, we will/may need to disclose your personal data to our third party Service providers, agents and/or our affiliates or related corporations, and/or other third parties, for one or more of the above-stated Purposes. Such third party Service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on VNG Cloud behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, but not limited to:
- (a) Our subsidiaries, affiliates and related corporations;
- (b) Contractors, agents, Service providers and other third parties we use to support our business. These include but are not limited to those which provide administrative or other Service to us such as mailing houses, telecommunication companies, information technology companies and data centers;
- (c) A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of VNG Cloud's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by VNG Cloud about our users is among the assets transferred; or to a counterparty in a business asset transaction that VNG Cloud or any of VNG Cloud's affiliates or related corporations is involved in; and
- (d) Third parties to whom disclosure by us is for one or more of the Purposes, and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.
- 8.2. This may require, among other things, disclosing your using Service history and/or disclosing records showing which sites were viewed by which IP addresses. We will also share statistical and demographic information about our users and their use of the Service with suppliers of advertisements and programming.
- 8.3. For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.
- 8.4. Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however there can inevitably be no guarantee of absolute security such as but not limited to when unauthorized disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.
9. INFORMATION ON CHILDREN (NOT COLLECTED)
- Our Services are only provided to individuals aged 18 and above. Users must ensure that they are at least 18 years old when providing personal information and the provided documents for verification. VNG Cloud does not provide services to individuals under 18 years old.
10. INFORMATION COLLECTED BY THIRD PARTIES
- 10.1. Our Service may also use TrueID, a facial recognition application and ID (such as identity card, citizen ID, passport) provided by VNG Cloud Software Development Ltd. - a member company of VNG Cloud ("TrueID") to enhance identification to secure your account. TrueID will use the camera on Your device to record and capture your face and ID, using algorithms and AI (artificial intelligence) to process to detect anomalies (such as fraud, face and photo on ID are incorrect…). TrueID will assist us in detecting anomalies, giving recommendations and suggestions to authenticate your account. TrueID may send this information to a third party for storage and processing where such is required by law or where such third party processes information on TrueID's behalf. TrueID also has the obligation to keep your information confidential, which TrueID stores and treats, in accordance with personal data protection laws and/or other relevant legal regulations.
- 10.2. We, and third parties, may from time to time make software applications downloads available for your use on or through the Service. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your User ID, your device's IP Address or other information such as what service you are using during any given session, and any cookies that you may previously have installed or that were installed for you by a third party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or Service provided through these applications are not owned or controlled by VNG Cloud. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.
11. DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES
- 11.1. VNG CLOUD DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.
- 11.2. In an attempt to provide you with add-on value, we may choose various third party websites to link to, and frame within, the Site or Services. We may also participate in co-branding and other relationships to offer e-commerce and other Service and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our Site or Services) may not be received by us.We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and Services and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, but not limited to, if a specific link does not work).
12. HOW CAN YOU WITHDRAW CONSENT, REQUEST ACCESS TO OR CORRECT INFORMATION YOU HAVE PROVIDED TO US?
- 12.2. Requesting access to, or correction of Personal Data
- (a) If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control thro ugh the Account Settings page or tab on the Site or Services. If you do not have an account with us, you may request to access and/or correct your personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request so as to be able to deal with your request. Hence, please submit your written request by sending an email to our Personal Data Protection Officer at firstname.lastname@example.org.
- (b) We may charge you a reasonable fee for the handling and processing of your requests to access your personal data. If we so choose to charge, we will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
- (c) We reserve the right to refuse to correct your personal data in accordance with the provisions as set out in Privacy Laws, where they require and/or entitle an organization to refuse to correct personal data in stated circumstances.
- 12.3. Provision of Personal Data
- (a) You have the right to request that we provide your Personal Data to you or on your behalf, or submit your Personal Data to organizations or individuals. To do so, please send an email attaching the Personal Data Request Form from the template to our Personal Data Protection Department at the email address email@example.com.
- (b) We may charge a reasonable fee to process and handle your request for the provision of your Personal Data. If a fee applies, we will provide you with an estimated fee rate in writing or via email. Please note that we are not obligated to respond to or fulfill requests for the provision of your Personal Data unless you have agreed to the fee.
- (c) We reserve the right to refuse the provision of your Personal Data in accordance with the provisions of personal data protection laws, as required and/or allowed by applicable laws. These laws may allow an organization to refuse the provision of Personal Data in such cases.
- 12.4. Delete Personal Data
- (a) You can request us to delete your Personal Data that we have collected by sending an email to our Personal Data Protection Department at the email address firstname.lastname@example.org in the following cases:
- (i) You find it no longer necessary for the agreed-upon collection purposes and accept the potential risks of data deletion;
- (ii) We process your Personal Data that we have collected based on your consent, and you wish to withdraw your consent with no other legitimate basis for us to process this Personal Data;
- (iii) You object to our processing of your Personal Data, and we have no compelling legitimate grounds to continue processing;
- (iv) You believe that the processing of your collected Personal Data is not consistent with the agreed-upon purposes or that processing your Personal Data violates the law;
- (v) You believe that your Personal Data must be deleted in accordance with legal regulations.
- (b) Please provide as detailed reasons as possible to support us in determining whether you have a legitimate basis to request data deletion. However, we may retain Personal Data if there are legitimate bases under the law for us to do so (e.g., to comply with the laws of the host country where a subsidiary or affiliate of VNG Cloud is headquartered, or to protect ourselves against legal claims or ensure freedom of speech). We will notify you of such cases. Please note that after deleting Personal Data, we may not be able to provide services as before because we will not have knowledge of your preferences.
- (c) You should note that Vietnamese law requires service providers like VNG Cloud to retain user information, including Personal Data, for a minimum period of two (02) years ("Retention Period") from the last time the user used the service. Therefore, requests for deleting your Personal Data can only be fulfilled after the expiration of the aforementioned Retention Period. We will attempt to delete your Personal Data within 30 days from the date of your request and the end of the Retention Period mentioned above, or inform you if more time is needed for this process.
- 12.5. Storage of Personal DataWe store your Personal Data throughout your use of the Service and continue this storage for a period of three (03) years from the last time you accessed and/or used the Service ("Storage Period"). This Storage Period may be extended or prolonged in cases where this information is necessary for us to provide the Service to you or as required or permitted by applicable law, such as the provisions of Tax, Accounting, and Auditing laws.
- 12.6. Objection against Profiling and Targeted MarketingAt any time, you also have the right to object to the processing of your Personal Data for sending you promotions, special offers, and sales messages, including the creation of customer profiles for these purposes. We will cease processing your Personal Data for these purposes. Please provide us with detailed information about the reasons for your request by sending an email to our Personal Data Protection Department at the email address email@example.com to assist us in determining whether you have a legitimate basis to object or not. However, we may retain your Personal Data if there are legitimate bases for us to do so for this purpose.
- 12.7. Restriction of Processing to Storage OnlyYou have the right to request that we restrict the processing of your Personal Data that we have for the sole purpose of storage by sending an email to our Personal Data Protection Department at the email address firstname.lastname@example.org, when:
- (a) You believe the Personal Data is not accurate, for the period it takes for us to verify whether the Personal Data is accurate;
- (b) We wish to erase the Personal Data but you want us to just store it instead;
- (c) We wish to erase the Personal Data as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defense of legal claims; or
- (d) You have objected to us processing Personal Data we hold about you on the basis of our legitimate interest, and you wish us to stop processing the Personal Data whilst we determine whether there is an overriding interest in us processing and retaining such Personal Data.
13. STORAGE LOCATION OF PERSONAL DATA
- For Service that provided to the Vietnamese market, by VNG Cloud and/or its subsidiaries, affiliates, member companies with headquarters located in Vietnam, Your Personal Data shall be stored in Vietnam in accordance with the provisions of Vietnamese law.
14. QUESTIONS, CONCERNS OR COMPLAINTS