Privacy policy

Article 1: Explanation of words

1.1. “Confidential Information” means (i) the terms and conditions of this Policy (including the existence of the Policy and/or any information, documents, discussions, and negotiations relating thereto). to this Policy) and/or any other matter referenced herein;(ii) information verifying the identity of the parties; and any other information disclosed or provided by one Party (“Disclosing Party”) to the other Party (“Receiving Party”) in the course of discussions, negotiations or implementation of the Policy. This book in any form whether or not such information or material is marked or notified as “confidential” information, including but not limited to: customer or supplier data, confidential trade, know-how, ideas, patent research, business plans, marketing information, customer information, financial situation, and any other technical, commercial and/or financial information In other words, data about individuals or related to the identification or identification of a specific individual that is required by law to be kept confidential and protected, expressed in the form of notes, letters, faxes. , memorandums, agreements, contracts, analyses, reports, minutes, documents, instructions, summaries, software code or software algorithms, electronic mail, or otherwise disclosed by statements whether determined to be confidential at the time of disclosure or reasonably understood to be confidential, determined by the circumstances of disclosure or the nature of the information itself disclosed , is confidential information. Except as specifically provided in this Policy, the term “Disclosing Party” also includes all Affiliates, and/or Representatives of the Disclosing Party and the term “Receiving Party.” ” also includes all Affiliates and/or Representatives, of the Receiving Party.

1.2. “Affiliated Party” means any individual, organization, partnership, joint venture, company or other form of enterprise, within and/or outside the territory in which a Party is headquartered including but not limit parent companies, subsidiaries, affiliated entities that, at the time of disclosure of Confidential Information, directly or indirectly, control, are controlled by or are under common control with any Party .

1.3. “Representative” means the Affiliated Parties, and the directors and managers of enterprises as prescribed by law on enterprises, officers, employees, contractors, and professional consulting units (legal financial or administrative, and Personnel as defined in Article 4 below) of a Party, or of that Party's Affiliates (who need to know the Confidential Information to carry out the Purpose).

1.4. “Purpose” is the desire, discussion and working together of the Parties to jointly evaluate opportunities for cooperation, providing access and use of DataTrust and other products and services related to DataTrust.

Article 2: Exclusion Information

Confidential Information will not include information:

2.1. Has been, is, or will be made public or becomes public other than in violation of this Policy (information that is rumored, word of mouth, or reported is not considered public information based on word of mouth). this rumor or report);

2.2. Was known or could be searched or exploited in the mass media, was lawfully disclosed to the Receiving Party before receiving this information for the first time from the Disclosing Party and this must be proven in writing;

2.3. Received from a third party without similar restrictions and without violation of this Policy;

2.4. Developed independently by the Receiving Party without reliance on the use of any Confidential Information, with supporting evidence;

2.5. The Disclosing Party has given written notice authorizing the Receiving Party to disclose the Confidential Information without any obligation of confidentiality; and/or

2.6. Is legally acquired by the Receiving Party from a third party that is not in breach of any confidentiality obligation or is not bound by any confidentiality obligation or does not violate any term of any agreement.

Article 3: Use and Disclosure of Confidential Information

3.1. The Receiving Party agrees to use the Confidential Information solely for the Purpose. Except as specifically permitted in this Policy, the Receiving Party will not disclose Confidential Information to any individual, organization or Affiliate without the Disclosing Party's written consent. Information Disclosure.

3.2. The Receiving Party must use its best efforts and implement reasonable and best practices to avoid disclosure, dissemination or unauthorized use of Confidential Information. If the Receiving Party becomes aware of or anticipates any violation of this Policy, the Receiving Party will immediately notify the Disclosing Party and will use its best efforts to cooperate with the Disclosing Party. News aims to find appropriate solutions to overcome and handle violations.

3.3. The Receiving Party will not be considered to be in breach of its confidentiality obligations under the Policy in the event that:

1. Obtain written consent from the Disclosing Party allowing the Receiving Party to disclose such Confidential Information;

2. Provide Confidential Information (and must be in confidence) to the Receiving Party's Representatives, and/or Personnel to carry out the Purpose, including without limitation disclosing Confidential Information to Legal representatives, business managers, employees directly performing tasks, branches, representative offices, subsidiaries, affiliated companies, and other units under the system of the Receiving Party , professional consultants including lawyers, accounting consultants or financial consulting organizations engaged by the Receiving Party and/or contractors directly involved in the work to be performed for the Purpose ( “Representative”) on the basis that the Representative needs to know to perform tasks related to the Purposes as specified in this Policy. Before disclosing any Confidential Information to your Representative, you must ensure that the Representative is aware of the nature and confidentiality of the information and is responsible for complying with the regulations on corresponding confidentiality in accordance with this Policy. The Information Receiving Party is fully responsible to the Information Disclosing Party when the Information Receiving Party's Representative violates the information confidentiality obligation in any case. The Receiving Party is responsible for promptly notifying the Disclosing Party of any unauthorized or improper use or disclosure of the Confidential Information of the Receiving Party's Representative, and providing the Disclosing Party with the results of its handling of the Representative who commits such violation.

3. Provide Confidential Information to competent state agencies when requested, or as prescribed by law.

Article 4: Personnel; Affiliates of Receive Information

The Receiving Party will limit the retention, knowledge and use of Confidential Information by its directors, senior officers, employees, contractors, agents, legal consultants and accountants. accounting, and organizations under the control of the Receiving Party (collectively referred to herein as “Personnel”) with whom (i) must have knowledge of the Confidential Information relevant to the Purpose, (ii) be notice of the confidentiality of the Confidential Information, and (iii) has meaning for the Confidential Information consistent with this Policy. Each Party will ensure that the Affiliate and its Representative adhere to the provisions of this Policy.

Article 5: Scope and Term of Application

This Policy applies to Confidential Information disclosed by the Disclosing Party at the time before, at or after the time the Parties enter into an agreement/start a cooperative relationship to implement the Purpose. This Policy takes effect from the Effective Date and persists even if the cooperative relationship to carry out the Purpose between the Receiving Party and the Disclosing Party terminates, unless the Parties agree otherwise. recorded in writing.

Article 6: Disclosure to Public Authorities

In the event that the Receiving Party is forced by any legal, procedural or administrative procedure from a competent State agency to disclose Confidential Information to any third party, the Receiving Party shall Receiving Information must notify the Disclosing Party in writing before disclosing such information but is not subject to the Disclosing Party's consent to disclose the information in this way. Without prejudice to the above provisions, the Receiving Party has the right to disclose information to competent state agencies, litigation agencies and other relevant state agencies within the scope of Confidential Information. Confidentiality is required to be disclosed by law and the Receiving Party agrees to use its best efforts to maintain the confidentiality of the Confidential Information, including without limitation cooperating with the Disclosing Party to release the Confidential Information. Appropriate information security procedures or other reliable methods to ensure information security for Confidential Information provided to Courts and State agencies.

Article 7: Nature of Confidential Information

All Confidential Information is provided "AS IS". The Parties agree and acknowledge that the Disclosing Party has sole authority to make decisions regarding the disclosure of Confidential Information and confirm that the Disclosing Party, any of its Affiliates or Representatives The Disclosing Party shall not make any representations, warranties or guarantees, express or implied, as to the accuracy, completeness or reasonableness of the Confidential Information and shall have no liability for Use of Confidential Information by the Receiving Party, or Affiliate, or Receiving Party's Representative. Accordingly, the Disclosing Party is not responsible for any direct, indirect or derivative loss or damage suffered by the Receiving Party, or its Affiliates, or Representatives. may incur liability based on any expression or omission in the Confidential Information.

Article 8: Ownership of Information is Confidential and Unauthorized

8.1. Ownership

All Confidential Information and any information derived from or related, whether in whole or in part, to Confidential Information (whether created by the Disclosing Party or the Receiving Party) , or the Affiliate or its Representative) shall not constitute any rights of the Receiving Party, or any Affiliate or its Representative, in such information. Such information shall at all times remain the sole property of the Disclosing Party and no license, assignment or other right in such information shall be granted by the Disclosing Party. , or so implied. In case one of the Parties to this Policy wants to transfer or transfer ownership of Confidential Information, the transfer or transfer of ownership must be done in writing signed and stamped by a legal representative. competent law of each Party.

8.2. No permissions granted

The Disclosing Party's disclosure of Confidential Information shall not be construed, either explicitly or implicitly, as granting to the Receiving Party any rights in or arising from patents, copyright, trade secret, trademark or other intellectual property rights of the Disclosing Party. Except to the extent permitted by law without express consent or other grant of permission, neither Party may use the trade names, trademarks, brand symbols or other proprietary rights of the other Party ( or any Affiliate of the other Party) in any form without prior written consent for such use by the legal representative or duly authorized person of the other Party.

Article 9: Return of Confidential Information, and Notice of Unauthorized Use

9.1. Return of Confidential Information

In case this Policy is terminated (unless the Parties have otherwise agreed in writing on the implementation of the Purpose), or in cases where it depends on compliance with orders or requests of state agencies or as otherwise required by law, the Receiving Party will, upon request of the Disclosing Party, return or delete all Confidential Information stored on any computer, electronic device or other device containing such information, and destruction of all paper copies of the Confidential Information shall, in each case, be effected within 07 (seven) working days from the date of request or date of termination of cooperation. In these cases, the Receiving Party will be required to provide the Disclosing Party with a written commitment to have fulfilled the obligations set forth and required herein.

9.2. Notice of Unauthorized Use

1. Upon discovering a violation of this Policy, the Parties are obligated to notify each other and take timely corrective action and/or take measures to correct such violations.

2. The Information Disclosing Party has the right to self-check, update, adjust or cancel, or request the Information Recipient to delete Confidential Information by directly operating on the DataTrust Application or contacting the Representative. of the Receiving Party through the methods specified in Article 11.6 of this Policy.

Article 10: There is no obligation to enter into a contract

Both Parties agree that this Policy, or any document, whether or not containing Confidential Information, existing before, during, or for the purpose of any discussion shall not create make or cause to be made an offer or invitation, nor the documents or information contained therein shall form the basis of, or any commitment to, or requirement in connection with, any contract until a separate specific agreement is signed by the Parties.

Article 11:General Terms

11.1. This Policy contains the entire agreement between the Parties on the matters set forth in this Policy and supersedes any communications or agreements between the Parties with respect to these contents. This Policy will be amended, modified or supplemented by the written consent of the Parties. Neither Party, without the prior written consent of the other Party, may assign this Policy and/or any rights and obligations set forth in this Policy to any third party. Subject to the limitations set forth in this Agreement, this Agreement shall for the benefit and be binding upon (i) the Parties; and (ii) all successors; and (iii) the Parties' respective franchisees within the validity period of the specific provisions of the Policy.

11.2. One Party shall be entitled to request compensation from the other Party for actual, direct or indirect damages as well as damages caused to third parties as a result of violations or violations by the other Party. with respect to the provisions of this Policy, and the right to request other compensation measures in accordance with the provisions of law and the interests of the violated Party.

11.3. A Party's failure to exercise, improper exercise or delay in exercising any right under this Policy at any time shall be deemed to be a waiver of those rights.

11.4. The Receiving Party commits, with all its measures and efforts, to protect the Disclosing Party's Confidential Information to the maximum extent. However, due to technical limitations, no data transmitted over the internet can be absolutely secure. Therefore, the Receiving Party cannot make a firm commitment that the information provided by the Disclosing Party will be kept absolutely secure. The Receiving Party is not responsible in case of unauthorized access to Confidential Information of the Disclosing Party as well as in cases where the Disclosing Party voluntarily shares information with any third party.

11.5. The Information Disclosing Party is responsible for keeping information related to the Information Receiving Party's account and service access password confidential, and not sharing it with anyone else. The Information Receiving Party is not responsible in case the Information Disclosing Party cannot access and use the service, or suffers damage related to the registration and use of the service provided by the Information Receiving Party due to the Party's reasons. Disclosure of Information to reveal passwords.

11.6. Contact the Party Receiving Information

In case you have comments or questions related to the information security policy of the Receiving Party, the Disclosing Party, the Disclosing Party or the Personnel/Representatives of the Disclosing Party, you can contact us. Contact the Receiving Party through the following methods:

(i) Call hotline directly: 08 866 79185

(ii) Communicate via email: [email protected]

(iii) Send the document via courier to the address: Vietnam Data Security Joint Stock Company, 7th Floor, National Innovation Center, NIC Building, No. 6 Alley 7 Ton That Thuyet, Dich Vong Hau Ward, Cau Giay District, Hanoi.

Meet and discuss directly with the Representative of the Receiving Party at a time and location agreed upon by the Parties. In this case, the Disclosing Party needs to notify the Information Receiving Party at least (03) days before the scheduled meeting date.