Privacy Policy

I. INTRODUCTION OF THIS POLICY

This Privacy Policy (“ Policy ”) describes the “Personal Data” that NCT collect about User s, how NCT use it, how NCT share it, Users’ rights and choices, and how Users can contact NCT about our privacy practices.

This Policy applies for users who use services on the Platform in their capacity as Users.

II. DEFINITION

NCT: is N C T Corporation, incorporated and run business under Vietnam Laws.

Platform: means the information systems established on website: https://www.nct.vn, https://www.nhaccuatui.com or NCT application or any other methods provided by NCT, that provide services and tools allowing Service users to provide, exchange, interact, and share information together.

User: mean individuals, organizations who access Platform, regardless account.

Service: means all services, products provided on the Platform.

User data: means data of Users including Personal Data, Data of agencies, organizations, enterprises and other data collected by NCT via using services on the Platform.

Personal data: means data as listed in point 3.1.1 of the Policy.

Personal Data Subject: means the person who is reflected by Personal Data

Data of agencies, organizations, enterprise: Means data as listed in point 3.1.2 of this Policy.

III. THE COLLECTED AND PROCESSED DATA

3.1 Data of Users

Personal data of Users

Means digital data or other forms of information that identify or enable the identification of a specific individual that Users need to provide to create an account and use Sevices on the Platform, and might include some or all following information:

· Full name;

· Date of birth;

· Mobile phone number in Vietnam;

· Email address;

· Personal identification number;

· Other personal data that the User is required to provide in accordance with the law from time to time.

Data of agency, organization, or enterprise

· Name of agency, organization, or enterprise;

· Enterprise code, establishment decision number or other equivalent documents of agency, organization;

· Headquarter address;

· Legal representative;

· Personal Data as specified in Point 3.1.1 of this Policy the authorized representative managing the account of the agency, organization, or enterprise, and the decision of the agency, organization, or enterprise appointing such authorized representative;

· Other data that agency, organization, or enterprise is required to provide in accordance with the law from time to time.

These data shall be provided by Users to NCT, for example via registration form or profile page.

3.2 Data arising via the use of Users to Service on the Platform

Means data that NCT collects and handles when Users access or use Services, including but not limited to:

· Information about User’s habit when using Services on the Platform such as actions, options, information provided, exchanged, interacted with, and shared by the Users, etc.

· Technical data of Users such as information of devices, IP address, web browser, languagues, wifi, etc.

· User's general location based on User’s IP address, including country, territory for the purpose of providing appropriate and relevant content, advertising and/or fulfilling requests for information from competent State authorities.

· Payment data: In case Users conduct any payment transaction on the Platform or subscribe to a paid or trial service, NCT will need to process the User's payment data. Data will be collected and used diferrently depend on payment method. That data shall include information as follows:

· Full Name;

· Method of payment (eg: credit card or debit card or electronic wallet, QR code, etc);

· Type of card, expired date, CCV/CVV number, and some certain number in card number (if Users use credit card or debit card);

· Please note that for security, we never store your full card number.

· Zip code/ postal code

· Mobile phone

· Detailed information about the User's purchase and payment log

· Digital account information; personal data that reflects activities and activity history in cyberspace;

3.3 Data provided by third parties

Authentication partner: In case the User logs in or registers for an account on the Platform through another third party account, the service from that third party will provide the User's information to NCT for creating accounts for Users or allow Users to log in.

Payment service provider: in case the User chooses a payment method provided by a Third Party, NCT may receive the User's Personal Data from the payment partner to process transaction for Users.

Advertising partners on the Platform: NCT needs to be provided with the customer data to control, check data and advertising effectiveness.

IV. CONTROLLER AND PROCESSOR OF PERSONAL DATA

Personal Data will be controlled and processed by NCT after collection in accordance with the provisions of the Policy and legal regulations. In some cases, NCT may request a third party to process personal data for NCT, through contracts, based on the services that the third party provides to NCT in relation to the Service.

V. THE PURPOSE OF PERSONAL DATA PROCESSING

The purpose of Personal Data processing is to serve for 03 main purposes including (1) Provide the Service to Users; (2) Complicance of laws and contractual obligations and (3) Settlement of disputes, complains which the detail as follow:

1. Provide the Service to Users

· To register and verify the User's account in accordance with the laws and provide the exact product/ service the User has registered for. Only verified accounts shall be entitled to post content (including but not limited to writing articles, commenting, and livestreaming) and share information on the Platform.

· To ensure the storage, management of user information in the NCT system in accordance with applicable law to handle arising problems and reserve inspection, examination, and provision of information upon request by the competent authorities.

· To diagnose and fix related problems that arise during the provision of Services to Users.

· To evaluate effectiveness, upgrade services, develop new features to meet User requirements.

· To perform requests related to Users when using the Services on the Platform.

· To contact for confirmation when the Users subscribe for using the service (with fees) on the Platform to warranty the User's rights.

· To ensure the safety of the Platform, detecting and preventing sabotage and fraud, violate the laws.

· The purpose of personalizing the User's experience on the Platform, maximizing the User's entertainment purpose when using the Platform.

· To serves for reporting and business planning purposes when using user Data in the form of aggregated information.

2. Complicance of laws and contractual obligations

· To fulfill legal obligations according to the provisions of Law.

· To follow the requirements of competent state agencies.

· To inspect, monitor, prevent and remove information and services in violation of Article 8 of the Law on Cybersecurity; and to prevent and take down information and services that violate the law as requested by competent State authorities.

· To fulfill legal obligations under contracts and agreements regarding data about user habits or data from third parties.

3. Settlement of disputes, complains

· To resolve issues, disputes, and complaints about matters including but noit limited to Intellectual Property rights (if any) and complains of Users regarding the Service provision in accordance with regulations.

· To provide advertising and promotional information to Users.

VI. METHOD TO PROCESS PERSONAL DATA

Personal data will be processed through one or more operations affecting Personal data, such as: collection, recording, analysis, aggregation, confirmation, storage, correction, disclosure, combination, accessing, retrieving, encrypting, decrypting, copying, sharing, transmiting, provision, transfer, deleting, destroying, de-identification of Personal data or other related actions.

VII. STORING AND PROCESSING PERIOD OF PERSONAL DATA

The User data will be stored until cancellation is requested by the User, except for information regarding the account, login and logout times, the User’s IP address, and logs of processed and published information, which shall be retained for a minimum period of two (02) years according to Laws. In all cases, the User's personal information will be kept secure on the Platform's server.

VIII. RIGHTS OF USERS TO THEIR PERSONAL DATA

8.1 Right to be informed about the processing of personal data

Be entitled to be informed of his/ her Personal data processing and the ways that NCT processes that data via this Policy as well as via a notice on the Platform displayed when User register an account on the Platform.

8.2 Right to give or withhold the consent

The User who is the Personal Data Subject is entitled to agree or not to agree to process his/ her Personal data, via the action of ticking on options of agree when registering an account on the Platform or other actions to confirm the agreement or disagreement of Users as guided on the Platform, unless otherwise provided for by law.

8.3 Right to view, revise or request to revise the Personal Data

The User who is the Personal Data Subject is entitled to access to view, personally revise his/her Personal Data on items of Profile part on the Platform or contacting with NCT to request to revise his/ her Personal Data.

User is given privacy settings for his/her Personal Data on the Platform.

8.4 Right to request withdrawal of the consent

The User who is the Personal Data Subject is entitled to request the withdrawal of consent to the processing of their personal data in cases where there is doubt regarding the scope or purpose of processing, or the accuracy of the personal data, by contacting NCT or through the functions as guided on the Platform, unless otherwise provided by law.

The execution of a request to withdraw consent to the processing of personal data shall not apply to the processing activities carried out prior to the time the User makes such request.

8.5 Right to delete. Destroy the Personal Data

The User who is the Personal Data Subject is entitled to delete his/ her Personal data via steps guided on the Platform or sending request the delete Personal data via contacting to NCT, except the cases of processing Personal data without Personal Data Subjects’ consent in accordance with the laws or unless otherwise provided for by law.

User accepts the risks and damages that may occur to his/her in the event of self-deleting, canceling or requesting NCT to delete or destroy his/her Personal Data.

8.6 Right to obtain restriction on processing Personal Data

The User who is the Personal Data Subject is entitled to request the restriction on processing his/her Personal data in cases where there is doubt regarding the scope or purpose of processing, or the accuracy of the personal data by contacting NCT, unless otherwise provided for by law.

The execution of a request to restrict the processing of personal data shall not apply to the processing activities carried out prior to the time the User makes such request.

8.7 Right to be provided with data

The User who is the Personal Data Subject is entitled to request NCT to provide his/her with Personal data, in accordance with the provisions of law and the agreement between NCT and User, except in cases where such provision may cause harm to national defense, security, social order and safety or infringe upon the life, health or property of others or otherwise provided for by law.

8.8 Right to object the data processing

The User who is the Personal Data Subject is entitled to object NCT to process his/ her Personal data to prevent or limit the disclosure of Personal data or the use of Personal data for the purspose of promotion, marketing by contacting with NCT, unless otherwise provided for by law.

User who is Personal Data Subject may opt out of the collection and sharing of data files (called cookies) on the Platform by sending a request to NCT.

The User is the Personal Data Subject who is entitled to choose “not to be tracked” or to allow the tracking of their social network activities only with the User’s consent, by submitting a request to NCT.

8.9 Right to file complaints, denunciations and lawsuits

The User who is the Personal Data Subject is entitled to file complaints, denunciations and lawsuits according to laws.

8.10 Right to request indemnification

The User who is the Personal Data Subject is entitled to claim damage as prescribed by law when there are violations against regulations on protection of his/her Personal data, unless otherwise agreed by parties or unless otherwise prescribed by law.

8.11 Right to self-protect and/or request measures and solutions to protect personal data as prescribed by law.

The User who is the Personal Data Subject is entitled to self-protection according to regulations in the Civil Code, other relevant laws and the regulation of law on Protection of Personal data, or request competent agencies or agencies, organizations and individuals involved in processing personal data shall implement measures and solutions to protect their personal data in accordance with the provisions of law.

IX. OBLIGATIONS OF USERS TO PERSONAL DATA

9.1 Protect his/her own personal data.

9.2 Respect and protect others’ personal data.

9.3 Fully and accurately provide his/her personal data in accordance with the law, in agreement or when he/she consents to the processing.

9.4 Participate in dissemination of personal data protection skills.

9.5 Comply with regulations of law on protection of personal data and prevent violations against regulations on protection of personal data.

9.6 Comply with the principle when performing rights and obligations of the Personal data Subject in accordance with the law.

9.7 Refraining from obstructing or hindering the implementation of legal rights and obligations of the personal data controlling parties, personal data processing and controlling parties, and personal data processing parties;

X. COMMITTED TO PROTECTING PERSONAL DATA

10.1 Public personal information

Certain Personal Data and other User Data will always be publicly available on the Platform as follows:

· Display name;

· Picture on User profile.

10.2 The User agrees that User Data may be shared, transferred with third parties in the following cases

· When Users want to connect to third-party Applications, services and devices with their account on the Platform such as social networking applications, speakers, televisions, cars, virtual assistants.

· User Data may also be shared with NCT’s Service Providers such as customer support services, technical platform provision services, infrastructure, information security services, data storage services, services of promotion, marketing of NCT's services and promotions.

· User Data may also be provided to Payment Partners, advertising partners, marketing partners to assist in completing the User's payment process when using services on the Platform, to personalize advertisements that Users may be interested in or to support Users so they can participate in programs and use new features.

· Providing to other companies who are in the same group with NCT or companies affiliated with/managed/controlled by NCT to serve NCT 's daily business activities.

· Share User data between departments within NCT to process User data in accordance with the processing purposes under this Policy.

· Transfer of User data for continued processing of User data in the event of division, separation, consolidation, merger or reorganization of the enterprise.

· Upon the request of law enforcement agencies or other competent state agencies, according to Laws.

· In some cases, NCT may hire an independent company to conduct marketing research projects and/or NCT's business projects, then, User’s Personal information will be provided to this company to carry out the project. This third party will be bound by a confidential agreement under that they are only allowed to use the provided information for the purpose of implementing the project.

· NCT may disclose or provide User's Personal Data in the following cases when it is absolutely necessary:

· In the event that such disclosure will help NCT protect its legitimate benefits before the law;

· In the case that Users agree by any way.

· In case of protecting the life, health, honor, dignity, rights and legitimate interests of the Personal Data Subject or other people in urgent cases; to protect the legitimate rights or interests of others or the interests of the State, of agencies and organizations in a necessary manner against acts of infringement of the above interests.

· To resolve a state of emergency; a threat to national security but not to the extent of declaring a state of emergency; to prevent and combat riots, terrorism, and to prevent and combat crimes and violations of the law.

· To implement the agreement of the Personal Data Subject with relevant agencies, organizations and individuals in accordance with the provisions of law.

· Other cases as prescribed by laws.

10.3 Except for the case as stated in Clause 10.1 and 10.2, NCT commits to protect Personal data of Users including application of appropriate technical solution to protect confidentiality of Personal data of Users, against illegal access, copy information and commits to comply with the regulation of law on Personal Data protection. However, please note that there is no absolutely safety system.

10.4 Users can anytime access, check and modify their Personal data according to appropriate links and methods provided by NCT or request NCT to check and modify their Personal data.

10.5 In case Users recognize that their Personal data has been disclosed inconsistently with this Policy and/or the law or has complaint related to the use of Personal data for improper purposes or beyond the scope under this Policy, Users may send a notice to NCT according to the information specified in Section XIII of this Policy. When receiving information from Users, NCT will verify and in case it is correct, depending on each case, NCT will take appropriate measures timely.

XI. POSSIBLE UNINTENDED DAMAGES

Users agree and acknowledge that, even NCT applies all necessary technical measures within NCT capability, there are still potential risks that may occur beyond NCT's control, leading to Users' personal data being accessed and copied illegally, which NCT cannot prevent immediately.

Therefore, to protect User’s account, Users are recommended to apply following measures:

· Only use strong passwords that are only used for the account on the Platform;

· Do not share your password with anyone through any means;

· Limit access to Users' personal computers and browsers;

· Log out of your account immediately after using it;

The access from other individual to the account of Users will grant them the right to access User’s Personal data and change the options, set up relating to Personal data of Users.

XII. THE CHANGE OF POLICY

NCT may amend this Policy in necessary cases and shall update publicly on the Platform or send Users notices related to these adjustments.

For other contents not specifically provided in this Policy, NCT and Users will comply with relevant legal regulations.

XIII. CONTACTING INFORMATION

· Nct_Privacy_Policy_content_13_12

· Head office: 19th floor, 67 Hoang Van Thai street, Tan My ward, Ho Chi Minh City, Vietnam.

· Email: support@nct.vn

· Phone number: (028) 868 79 79 – ext: 127