Your privacy is of utmost importance to Empire City LLC (“we”, “our” and “us”).
This Privacy Policy on Protection of Personal Data (the “Policy”) describes how we subscribe to the principles, guidelines and requirements of Decree No. 13/2023/ND-CP of the Vietnamese Government dated April 17, 2023, on Personal Data Protection (“Decree 13”).
Sections 3 to 15 of this Policy describe how we collect and process your personal data. In particular, this Policy outlines our adopted personal data protection practices in connection with the operation of our website(s) and mobile application(s), and/or the provision of our services to you or the organisation that you represent.
For this Policy:
“Company Members” means any company member of Empire City LLC;
“personal data” refers to information in the form of symbols, scripts, numbers, images, sounds or any other similar form in the electronic environment, which is about a particular individual or facilitates the identification of a particular individual. Personal data includes "basic personal data" and "sensitive personal data";
“process”, “processed” and “processing” refers to one or more actions that affect personal data, such as: collecting, recording, analyzing, confirming, storing, modifying, publishing, combining, accessing, retrieving, withdrawing, encrypting, decrypting, copying, sharing, transmitting, supplying, transferring, deleting, destroying personal data or other related actions;
“Platforms” refers to our customer interface touchpoints (such as manned customer service counters or self-help automated kiosks), social media sites, websites, mobile applications, membership programs and domains or other platforms related to us and our affiliates’ programs.
We may collect the personal data which is reasonably necessary for the relevant purposes listed under Section 5 of this Policy. Examples of the collected and processed personal data may include but are not limited to the following:
Personal information such as name, date of birth, gender, national registration identification or passport number, photos, video or voice recordings;
Contact details such as mailing addresses, email addresses, and telephone numbers;
Membership details and preferences;
Payment-related details and information (which are considered sensitive personal data under Decree 13);
Other information provided via forms, face-to-face communication, phone, email, online, use of our website or app, or otherwise.
Some of the personal data that we collect may be sensitive in nature, but we collect sensitive personal data only with your consent and/or in strict compliance with the applicable laws.
Personal data may be collected from you in the following ways:
when you disclose personal data to us or submit forms, including by registering for an account, on our website(s), mobile application(s), an online portal, email, physical collection or other methods;
when you (or any person authorised by you) correspond(s) with our employees, sub-contractors (including any delivery personnel), customer service or marketing representatives via telephone, letter, email, face-to-face meeting etc.;
when you subscribe to our mailing lists or otherwise register your interest in any specific products or services;
when you respond to our promotions;
when you are referred to us by our business partners, corporate customers and other third parties;
when we obtain it from the Company Member;
when we lawfully seek information from third parties about you in connection with the products and services you have applied for;
during recordings of calls when telephone contact is made (for example, via customer service hotlines) which may be recorded for training, quality control, business and/or other lawful purposes;
during CCTV recordings when a person visits our outlets and our premises;
when you generate data or link data to your account, e.g., account synchronization, sign-up authentication etc.;
automatically, when you visit our websites and other websites which we own or manage, using technologies such as cookies (either by us or a third party), contract with us or with any third parties via our websites, or download and/or use any of our application programs and/or software;
when you (or any person authorised by you) provide us with personal data for any other reason.
The purposes for which we and/or our service providers may collect, use, disclose, process, manage and/or transfer your personal data are as follows:
to reach you in the event of emergency at your residence.
to provide services to you and to fulfil and comply with our obligations under our contract/agreement;
to perform the transaction contemplated in our contract/agreement (including without limitation sale and purchase, and transfer of ownership/title, of units in our projects, and provision of related services and privileges to you);
to facilitate the set-up, operation, maintenance and/or administration of any account opened by or in your name with us, and provide related services and support (including for billing purposes or to process orders and applications for such services);
to maintain, test and/or operate any system or platform required for the provision of any of our services, or in connection with the website(s) or mobile application(s) to be furnished by us or any third-party service provider designated by us;
to facilitate interconnection and inter-operability between/among third-party service providers designated by us in connection with the services provided by such service providers;
to assess, process, respond or otherwise deal with your enquiries, requests, feedback, questions, instructions or complaints, and perform other customer-care activities;
to verify your identity and/or your related persons (including without limitation founders, key shareholders, legal and authorized representatives, board members, directors, spouse, parents, children), and process orders and applications for services;
to carry out credit checks for the preparation of credit reports and/or for the evaluation of creditworthiness;
to market, promote (including an offer to sell any other products or services), improve and/or expand enhance the provision of services to you by us or any of our affiliates, partners, contractors or third-party service providers;
to share with selected related entities, affiliates and business partners (including the Company Member) to enable them to conduct market research, planning, customer surveys, trend analyses and/or other related forms of data analytics to better tailor our offers, promotions and/or other direct marketing;
to provide complementary or value-added services;
to offer and administer customer loyalty benefits, reward benefits, promotional benefits, contests, lucky draws and other related benefits;
to conduct market research, planning, customer surveys, trend analyses and/or other related forms of data analytics;
to keep you informed of services and products provided or offered by us or any of our related entities, affiliates and partners;
to conduct training and/or improve our service quality and/or marketing and advertising strategies;
to improve your user experience and/or products and services provided by us to you;
to establish, enhance and/or improve payment systems, including the interface or interaction of such payment systems with the payment systems of other financial institutions, merchants and/or payment organisations;
to seek professional advice, including legal advice, or enforce your obligations and our rights, including without limitation the collection of amounts owed by you or by any other person, or defending our rights and benefits and/or any of our related entities, partners, contractors or third- party service providers;
to conduct investigations or take action in relation to bad debts, crime and fraud prevention, detection or prosecution, risk management, violation of terms and conditions for services provided by us or prevent any individual from harm, illegal or unlawful activities;
to perform and comply with internal/external audits or for other compliance purposes;
to comply with regulatory, compliance, or legal obligations and/or requirements;
for any other purposes (A) permitted or required by the applicable laws, industry codes or market rules, (B) necessary, ancillary or consequential to the above-specified purposes or (C) desirable or necessary for the performance of services under our contract/agreement.
entities within the Company Member;
external service providers, contractors and third parties, to provide services to you;
our business partners and vendors to deliver products and services, including but not limited to courier services companies and other entities within the delivery chain;
banks, credit card companies, payment vendors and other entities within the payment processing chain to process payment;
debt collection agencies;
credit information companies and credit bureaus;
government bodies, including any ministry, department, agency (including law enforcement agencies), or organ of state, judicial or quasi-judicial body, arbitral or mediatory body, or any other statutory body;
our advisors, including auditors, accountants and lawyers;
any data intermediaries;
any other party to whom you authorise us to disclose personal data;
the prospective seller or buyer of our business or assets in the event that we sell or buy any business assets.
In general, your personal data will be stored in Vietnam. We may, in the course of providing services to you, disclose, transfer, store, process and/or deal with your personal data outside of Vietnam. In doing so, we will comply with all applicable data protection and privacy laws and take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under Decree 13 (as amended from time to time), such as requiring the recipient to ensure that personal data disclosed to them is kept confidential and secure.
Unless the applicable laws or regulations allow otherwise, we will notify and obtain your express written consent for our processing of your Personal Data by methods or means such as signing a form or checking a box.
When you do so, you represent that:
you are over 16 years of age and your consent, once given, is valid;
you have read and understood and agree with your rights and obligations under this Policy;
where you provide information about another individual (e.g., an employee or child), (A) such individual has been notified of this Policy and other necessary information regarding the processing and (B) you are able to and do give valid consent on behalf of such person.
Regarding the processing of personal data of minors, we always respect and protect the personal data of minors. In case we collect personal data of children under the age of 16, the processing will be for the best interest and benefits of the children and subject to the consent of their parents or guardians. In case the children are 7 or older, we will also obtain the consent of such children. Unless otherwise provided by law, the processing of their personal data will be stopped and their personal data will be deleted if (A) the processing is not in accordance with the consented purposes or the processing is complete for the consented purposes, (B) the consent is withdrawn or (c) so required by the authority.
a) Rights to Know:
We will only collect, use, process and disclose your personal data to the extent authorized or required by the personal data protection or data privacy laws and legislation applicable to you.
b) Rights to Consent:
You have the rights to give consent to the processing of your personal data, except in cases where consent exemption is provided by applicable law.
c) Rights to Withdraw Consent:
You may subsequently withdraw your consent to our collection, use or disclosure of your personal data. However, should you choose to do so, we may not be able to provide you with our services, or perform any contract we may have with you. Accordingly, we may, insofar as such consent is integral to the provision of the services to you, cease to provide such services to you and will have the rights to terminate any contract of service with you at our discretion, without liability to you.
Notwithstanding any withdrawal of consent, unless otherwise agreed by us and/or the Company Member (where relevant), you will still be bound by any contract of service with us and/or the Company Member (where relevant), and should you choose to terminate the relevant contract(s), early termination and other charges, liquidated damages or contractual consequences may apply in accordance with the relevant contract(s) or at law, and we and/or the Company Member reserves its rights thereof.
Please contact our Data Protection Officer by email (Section 15) to request for withdrawal.
Subject to the applicable laws, we shall process your withdrawal request within a reasonable time (depending on the complexity of the request and its impact on our relationship), but in any event, no later than ten (10) business days of receiving your request.
d) Rights to Access, Update and Correct:
You can access, update and correct your personal data anytime by accessing your account registered with us through the website or mobile application, if applicable. If you do not have an account with us, you may contact us at the contact in Section 15. We will respond to your update and/or correct request as soon as reasonably possible, but in any event no later than ten (10) business days of receiving such update and/or correction request.
Subject to the applicable law, we will respond to your requests within a reasonable time (and in any event no later than within thirty (30) days of receiving such request. We may charge a fee for processing your request. Such a fee would depend on the nature and complexity of your request.
e) Rights to Request for the Provision of Your Personal Data:
You have the rights to request us to provide your personal data unless otherwise provided for by law.
f) Rights to Object or Restrict the Processing:
You have the rights to object to us or obtain restrictions on the processing of your personal data unless otherwise provided for by law. We will comply with your request within 72 hours after receiving your request unless otherwise provided for by law.
g) Rights to File Complaints, Denunciations, And Lawsuits:
You have the rights to file complaints, denunciations and lawsuits as provided by law.
h) Rights to Claim Damages:
You have the rights to claim damage as provided by law when there are violations against regulations on the protection of your personal data unless otherwise agreed by parties or provided by law.
i) Rights to Self-Protection:
You have the rights to self-protection according to regulations of the Civil Code, other relevant laws and Decree 13, or the request of the competent agencies and organizations to implement civil rights protection measures according to the Civil Code.
j) Other rights:
In addition to the above rights, you have other rights and remedies provided by law or any other agreements between you and us.
By our best reasonable efforts, we will satisfy your lawful and valid request in appropriate timeline as required by the law. To clarify, we reserve the right to refuse some requests in some specific cases, including but not limited to: (i) you do not follow our procedure and requirement; (ii) you do not provide or provide not enough required documentation for personal identity verification; or (iii) in cases where we assess that there are signs of fraud or violations on protection of Personal Data; or (iv) we cannot implement your request as prescribed by law.
You have the following obligations: (A) obligation to protect or request others to protect personal data, (B) obligation to respect and protect the personal data of others, (C) obligation to provide complete and accurate data, (D) obligation to implement the regulations on personal data protection and (C) all other obligations provided by law or any other agreements between you and us.
In addition, you must ensure that all personal data submitted to us is accurate, up-to-date and not misleading. Any submission of false or incorrect information may result in our failure to deliver the products and services you seek. We reserve the rights to request for documentation to verify the information provided by you.
We encourage you to inform us when there are any changes to the personal data which you have provided to us, to ensure that we have the most current, accurate and complete information. Upon request by you, we may correct or complete any personal data found to be inaccurate or incomplete as soon as practicable.
Our website(s) and mobile application(s) use cookies to monitor browsing preferences and help analyse data about webpage traffic in order to make website improvements based on your needs and enhance website efficiency. We generally use such information for statistical analysis but may use it for other reasons in aggregated form or where we are not aware of your identity.
When you visit our website(s) and/or mobile application(s), our servers will automatically record the information that is sent whenever you visit a website or mobile application. This data may include: (A) your computer’s IP address; (B) your browser type; (C) the webpage you were visiting before you visited the relevant website; (D) the pages within the website or mobile application which you visit;/or (E) the time spent on such pages, item and information searched for in the website or mobile application, access time and dates, and other statistics.
A cookie does not give us access to your computer. Most internet browsers automatically accept cookies, but you can usually modify your browser settings according to your preference. If you choose not to accept cookies, you may not be able to experience all of the features of our website(s) and mobile application(s).
Our website(s) and mobile application(s) may contain links to other websites which are owned or operated by third parties, and which are not under our control. We are not responsible for the content on any such website, or the consequences of accessing or using any such website (including the protection and privacy of any information which you provide whilst visiting such sites) and such sites are not governed by this Policy.
You agree that your access to or use of such websites is entirely at your own risk. When visiting these third-party websites, you should read their privacy policies which will apply to your use of the websites.
We will retain personal data for as long as it is necessary to fulfil the purpose for which it was collected, our legal or business purposes, or as required by relevant laws. To ensure that any contractual disputes can be addressed, we will usually keep your personal data for up to seven (7) years, as amended from time to time. We will delete your personal data when (A) you withdraw your consent, object or request the deletion, (B) your personal data is not processed in accordance with the consented purposes, (C) the deletion is required by law, (D) we have completed the processing for the consented purposes, (E) the recording of personal data is no longer necessary or (F) our business no longer operates.If you opt-out or withdraw your consent to marketing, we will remove you from our marketing database.
We will update this Policy from time to time, and the updated versions will be posted on our website and/or mobile application; date stamped so that you are aware of when the Policy was last updated. Please check back frequently to see any updates or changes to this Policy.
If we make any material changes to this Policy, we will provide a notice, for example, by way of a banner on our website. Subject to applicable laws, the English version of this Policy will prevail over any version of this Policy in another language.
If you have any enquiries, comments or suggestions about how we collect, use or disclose your personal data or this Policy, or would like to receive information about your personal data which we retain, please contact our Data Protection Officer by email at info@empirecity.vn.
