DATA PROTECTION AND PROCESSING POLICY

Last updated on 1 July 2023

  1. General Principles

    1. This data protection and processing policy ("Privacy Policy") describes how Pixta Vietnam Company Limited ("Pixta Vietnam") and its subsidiaries, affiliates, companies within the corporate group model (separately referred to as "ES") (Pixta Vietnam and ES hereinafter referred to as "the Company" or "we") process the User Information in accordance with the laws "Process") and keeps confidential the information of relevant organizations and individuals ("User" or "you"), including customers, agents, suppliers, partners, contractors and service providers who: (i) access, use customer or candidate interaction channels owned (or developed/sponsored) by the Company, including but not limited to: website https://pixta.vn/, other websites and groups on social networks (such as Facebook, Instagram, Linkedin, etc.) owned, and/or managed, governed by the Company ("Interactive Channel"); and (ii) register/sell and purchase/provide/use any goods/services or information; recruitment and/or conducting any other activities with the Company ("Services").

    2. Data Processing Subject and securing the User Information and relationships:

      • All the User Information arising out of and/or in connection with the Services will be jointly Processed and secured by Pixta Vietnam and its ES (acting as joint controllers) in accordance with this Privacy Policy. In the event that Pixta Vietnam and its ES terminate their partnership to provide the Services, the User's consent obtained by the parties with regard to the User Information collected prior to the termination date pursuant to this Privacy Policy shall remain in effect independently for each Party.
      • That Pixta Vietnam and its ES Process and secure the User Information as joint controllers in each case as set forth above means that Pixta Vietnam and its ES will jointly decide on the purpose and measures for Processing and securing the User Information arising in each such case in accordance with this Privacy Policy and the agreement between Pixta Vietnam and its ES.

      Please read this Privacy Policy, the relevant terms and other conditions (if any) carefully.

    3. Privacy Policy does not apply to any services, products, websites, or content that are offered by third parties or have their own privacy policy.

    4. "User Information" means any information, data that can be used to identify the User and/or upon which the User is identified and/or other information for the implementation of the Services in accordance with this Privacy Policy, including but not limited to name, nationality, telephone number, payment card and bank details, personal preferences, email address, location, photo, ID card/citizen identity card, date of birth, access history, and customer journey. User Information includes basic and sensitive personal data as prescribed by laws.

    5. The definitions in this Privacy Policy apply equally to the singular and plural forms of defined terms. The words "include" will be considered to be accompanied by the word "without limitation to".

    6. Privacy Policy is made bilingual in Vietnamese and English, in the event of any discrepancy between Vietnamese version and English version, the Vietnamese version shall prevail.

    7. This Privacy Policy includes the following contents:

      • User Information we collect
      • How we store and protect User Information
      • How we use User Information
      • How we share User Information
      • Your rights and invocation of such rights
      • Contacts, Notices, and Revisions
      • Additional Information for the EU

    8. The User understands that we have a legal obligation to collect, use or store your User Information in certain circumstances, including when required, when consulted, recommended or required by legal advisors or any legal provisions, bylaws, documents or requests of the Vietnamese or foreign government or authorities, including without limitation to the obligation to disclose information and reports in accordance with the law on sales promotion, record keeping, audit, investigation and settlement of complaints or disputes, and compliance with court order or legal requirements; enforcing Terms & Conditions or other agreements; and protect our rights or property in the event of a complaint or dispute.

  2. User Information we collect

    We collect necessary User Information during the course of providing/using Services to/from you.

    1. Information you give us:

      • We collect any User Information you provide us in relation to the Services, including: (i) necessary information for our recruitment activity; (ii) necessary information/arising during the course of implementing the Services; (iii) through calls for customer services, advertisement and promotion, suggestions and complaints; and/or (iv) to conduct surveys, investigations, etc.
      • The User hereby understands and agrees that calls, messages and/or other communications from and/or to us will be stored in a form including but not limited to audio recordings, video recording, automatically or actively, to assist in processing requests, updating information systems, improving service quality and other lawful purposes.
      • For individual Users under the age of duly 16, please ensure that you have notified their parents or legal guardians and had the full consent and approval of parents or legal guardians to provide the User Information to the Company and the Company processes its User Information; and parents or legal guardians agree shall be bound by this Privacy Policy and are responsible for the behavior of the User under the age of duly 16 under their legal guardian. The Company reserves the right to refuse the User’s access to the Interactive Channel or provide related Services if there is evidence that the individual User whose age is under duly 16 has not obtained the above consent and approval from his/her parent or legal guardian.
      • In the event that the User provides the information of a third party, the User represents and warrants that the User has notified the third party of the contents under this Privacy Policy and fully obtained such third party’s consent and approval for the User to provide information to Company and for the Company to use such information, which will be subject to the terms and conditions in this Privacy Policy.
      • The User is responsible for ensuring that the information provided by the User is complete, accurate and up-to-date to ensure the interests of the User in accordance with the use/provide of the corresponding Service. The Company will not be held responsible in case the User provides inaccurate or incomplete information pursuant to the relevant terms of Service.
      • The User represents and warrants that the information that the User provides to the Company will not fall into any of the following types of information: (a) state secrets, (b) business secrets; and (c) any other information that the User is not permitted to provide in accordance with the laws or confidential agreements.

      Providing User Information to us is not a requirement of law, or a contractual requirement, or a condition for entering into a contract/agreement. You are not required to provide the User Information we have requested. However, if you choose not to do so, in many cases we will not be able to provide you with our Services or respond to requests that a User may have.

    2. Automatic Information: We automatically collect certain types of information when the User interacts with the Services.

      The Company reserves the right to collect information, data related to the activities performed by the User within the scope of Services and to other interactions within the Services, including but not limited to device information (such as IP address, operating system, browser type, hardware specifications, UDIDs, MEIDs, location, address of referring website (if any), pages visited by the User from Interactive Channel and mobile applications, number of visits, responses, and other relevant information (if any)).

    3. Collection and use of Cookies

      • Pixta Vietnam, its ES and the third parties with whom the Company partners may use automated methods, such as cookies, web beacons, advertising identifiers or other automated methods (collectively, "Cookies") relating to the use of the Interactive Channel or other our interactive channels to identify your browser or device, learn more about customer’s preferences, provide the customer with essential features and services; and for other additional purposes. Cookies may contain unique identifiers and are stored on the User's computer or mobile device, in emails sent by the Company, on Interactive Channel, other our interactive channels and in other locations. Cookies may transmit User Information and provide/use of the Services to the Company or other entities designated by the Company. Cookies are collected for the purpose of improving user experience, by ways of the following features: • Saving the options you have approved. This allows us to respect what you like and dislike, such as your language preferences and configuration. • Conducting diagnosis and analysis to improve our services. • Preventing fraud. • Improving security. • Measuring and analysing the quality of the Services.
      • Cookies allow you to take advantage of some of our essential features. For example, if you block or reject our Cookies, you will not be able to use certain products or services that require you to log in or you may have to manually adjust a number of options or select the language each time you access Interactive Channel again.
      • You may manage your browser Cookies by adjusting the setting of your browser, blocking or deactivating Cookies, by clearing your browsing history and clearing the cache from your internet browser. You may also restrict our sharing of some of this User Information through your mobile device settings. If you disable all Cookies, neither the Company nor any third party will be able to transfer Cookies to or from your browser. However, if you do this, you may have to manually adjust some options each time you revisit the Services and some features, channels, and services may not work.

  3. How we store and protect User Information

    1. At the Company, security is our highest priority. Our systems are designed to take into account the security and privacy of your information. All User Information is stored and kept confidential by the Company's system or service provider for the Company in accordance with the law and this Privacy Policy. Accordingly, the Company's system will store User Information arising from and/or in connection with the Service (under agreement on storage, if applicable).

    2. When collecting and receiving data, the Company will exert its best endeavours to the permitted extent to store and protect the User Information on the server system and these User Information will be secured by firewall systems, access control measures, data encryption. The Company has appropriate technical and security measures to prevent as much as possible to the permitted extent the unauthorized access and use of User Information. The Company also regularly cooperates with security experts to update the latest information on network security to ensure the safety of User Information. In the event our system is attacked and there is a risk that it would impact the safety and security of the User Information, the Company will comply with its obligations under the laws regarding measures to mitigate the adverse effects and notification to the User and competent authorities.

    3. The User may not use any tools, programs or methods to illegally interfere with the system or alter the data structure of any Services, nor any other activities to spread, promote activities with the purpose of intervening, sabotaging or infiltrating the Company system's data, as well as activities violating Vietnamese laws. In case we detect a violation, we reserve the right to transfer information about the violation to the competent authorities in accordance with the law.

    4. We store User Information to ensure that you are able to use/provide the Services continuously, and store it for as long as necessary to fulfill the Purpose, or to perform other work as notified to you in advance. The period of time we retain specific User Information depends on the Purpose. When the User Information is no longer needed for the provision/use of the Services or Purpose or the Company no longer has a business or legal purpose to retain User Information, we will treat User Information in a manner compliant with the laws regarding personal data retention.

    5. User Information may be stored in, accessed from or transmitted to many countries, including Vietnam. When we transfer your User Information to other countries, we will ensure that such information is transferred in accordance with this Privacy Policy and is permitted under the relevant laws

  4. How we use User Information

    1. The User hereby agrees that User Information to be collected in accordance with this Privacy Policies shall be published and otherwise used in accordance with the license User grants to us regarding the Purpose as mentioned in Section 3 below.

    2. It is not our policy or practice to provide User Information to any other organization or company for their or any other third party’s direct marketing or any other purpose except for the cases stipulated in this Privacy Policies.

    3. We Process your User Information to provide Services as well as guarantee User's safe, continuous and complete use of the Services' features ("Purpose"), including implementing, maintaining, and improving the Services, protecting and enhancing the User’s experience, for instance:

      • Conduct necessary activities to safeguard the provision and use of the Services, including but not limited to communicating, supporting communication with Users, and handle valid User requests within the scope of consumption and operation of the Services and share the User Information with associated partners to meet User's request to use the Services. We may also send to the User, by by post, phone call, short message service, online messaging service, text notification and email, notices, updates, documents, advertising information, promotions, wishes, invitations, participation management and other documents relating to the Services, the Company and its sponsors, partners, sponsors and advertisers of products, services, events or promotions. You may cancel your subscription to marketing and promotional information by following the Company's instructions from time to time. We represent and warrant that we comply with the laws from time to time on the frequency to send messages, email, or advertising calls;
      • To provide, recommend services/utilities to the User, including improvised and customized products and services provided by the Company or partners based on the needs and preferences of the User during participating in providing/using the Services;
      • To perform internal operations necessary to maintain, improve services, including verify the User's identity, troubleshooting software failures and operational issues, conducting data analysis, testing and diagnosis, monitoring and analyzing the usage trends and activities, protect the security/integrity of the Service and any facilities or equipment used to provide the Services, including investigating behaviors related to fraud and abuse prevention and risk management;

    4. We use your User Information only when we have appropriate legal basis to do so. Depending on each case, we may rely on your consent or on the actual situation that the processing of your User Information is necessary to perform the contract with you, or to protect your or other’s essential/material interests, or to comply with the law. We may also process the User Information when we believe that it is for our or other’s legitimate interest, taking into account your interests, rights and expectations.

    5. For purposes of using User Information that are not mentioned above and/or that require your specific consent, we will obtain your consent to use User Information for such specific purpose when we contact you.

  5. How we share User Information

    1. User Information is an important part of our operations, and we do not sell User Information to others. We only share User Information for the Purpose in accordance with this Privacy Policy. The parties who are sharing the access to User Information must commit to strictly comply with the provisions of law and related provisions in this Privacy Policy. Accordingly, User Information may be shared to the following subjects and under the following circumstances

      • Complying at the request of the competent state authority, or as required by law;
      • Providing and sharing User Information with partners at the User's request or confirmation, including but not limited via means of electronic transaction on Interactive Channel or in writing;
      • Exchanging, providing and sharing User Information with its ES and partners;
      • We may provide User Information to suppliers, consultants, marketing partners, research companies and other service providers, or business partners. This includes but is not limited to: anti-money laundering service; server providers, information technology service providers, cloud storage providers; data analysis providers; research partners, including those conducting surveys or research projects cooperating with the Company or on behalf of the Company.
      • Exchanging, providing, and sharing User Information with third parties who are the Company 's advisers, experts, agents or service providers, subcontractors: the Company may transfer User Information to advisors, experts and subcontractors to deploy the work, services suitable for the Purpose;
      • Corporate transfer: In the course of business development, we may sell or buy other businesses or services. In such transactions, User Information is generally one of the transferred business assets but must still comply with the provisions of this Privacy Policy (or otherwise approved by the customer). In addition, in the event that the Company or most of the Company's assets are purchased by another company, the User Information will automatically become one of the transferred assets.
      • Disclosing User Information when we believe it is appropriate to comply with the law, to enforce or apply our other terms and agreements, or to protect the rights, property or security of the Company, Users, or any other person. The above tasks may include exchanging information with other companies and organizations to prevent and detect fraud and reduce risks.
      • Other than the foregoing, you will receive notice when User Information may be shared with third parties and you will have the right to refuse to share information.

  6. Your rights and invocation of such rights

    1. You may view, update and delete certain information about your account and interactions with the Services. If you cannot access or update your information yourself, you can always contact us for assistance. You can request us to implement your remaining rights in accordance with the laws by contacting us via the support channels specified in Part VII Section 2 below.

    2. You have several options regarding the collection and use of your User Information. Many Services include functionality that allows you to customize how your information is being used. You may choose not to provide certain information, but then you may not be able to take advantage of certain Services. Please follow the Company's instructions from time to time.

  7. Contact information, notices and modifications

    1. This Privacy Policy may be amended and/or supplemented from time to time to be suitable for the management and operation of the Company. The Company will post the amended, supplemented and/or updated Privacy Policy on website pixta.vn. You should visit and check this website regularly to update the latest changes. the Company reserves the right to amend, update or adjust the terms of this Privacy Policy at any time by publishing the updated Privacy Policy on the relevant Interactive Channel. By continuing to use the Services after any modification, update or modification of this Privacy Policy, the Users express its acceptance of such modification, update or modification.

    2. If you have any questions about information security at the Company or would like to contact our information control unit, please contact us and we will try to answer the question. You can also contact us at the following email to: recruit.vn@pixta.co.jp

  8. Additional Information for the EU

    We provide additional information about the information security and privacy, the collection and use of User Information of our prospective and current customers located in the European Economic Area.

    1. Controller of Personal Information Pixta Vietnam Company Limited (at Floor 8, Truong Thinh Building, No.01 Phung Chi Kien, Nghia Do Ward, Cau Giay District, Hanoi, Vietnam) and its ES are the controller of the User Information collected or processed under this Privacy Policy

    2. Processing: We process User Information on one or more of the following legal bases:

      • as necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide/use the Services, to respond to requests from you, or to provide customer support;
      • Where we have a legitimate interest, as described in Section 2 of this Privacy Policy;
      • As necessary to comply with relevant law and legal obligations;
      • Respond to lawful requests and orders; or
      • With your consent in this Privacy Policy.

    3. Your Rights: Subject to applicable law, you have the right to:

      • ask whether we hold User Information about you and request copies of such User Information and information about how it is processed;
      • request that inaccurate User Information be corrected;
      • request deletion of User Information that is no longer necessary for the purposes underlying the processing, of information processed based on consent which is withdrawn, or of information processed not in compliance with applicable legal requirements;
      • request us to restrict the processing of User Information where the processing is inappropriate;
      • object to the processing of personal data;
      • request portability of User Information that you have provided to us (which does not include information derived from the collected information), where the processing of such User Information is based on consent or a contract with you and is carried out by automated means; and
      • lodge a complaint with the supervisory authority.

      You can exercise your rights of access, rectification, erasure, restriction, objection, and data portability by contacting us. If you wish to do any of these things and you are our User, please contact us. If you are not our User, please contact us at the address under Section VII above.

      When you consent to our processing your User Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your data for that purpose.

    4. Transfers outside of the EU: When we transfer your User Information outside the EU we do so in accordance with the terms of this Privacy Policy and applicable data protection law. This may include the transfer of data pursuant to data transfer agreements that incorporate the Standard Contractual Clauses approved by the EU Commission. In the event that the data transfer is made in accordance with Article 46 of the EU General Data Protection Regulation (GDPR), the data transfer may be made in accordance with data transfer agreements that include Article standard contractual clauses approved by the European Commission and you can view [samples] of such agreements on public channels.