(To be effective from 1 August 2023)
1. DEFINITIONS
Terms used in these General Terms shall be construed and defined as follows:
1.1. ILA Viet Nam: means ILA Viet Nam LTD. CO
1.2. Personal Data: means electronic information in the form of symbols, letters, numbers, images, sounds, or equivalences associated with an individual or used to identify an individual and as set forth in Section 4.1 of these General Terms.
1.3. Products, Services, Utilities of ILA Viet Nam (hereinafter referred to as “Products, Services”): includes products, services, utilities of ILA Viet Nam and/or products, services, and utilities of third parties with which ILA Viet Nam cooperates
1.4. Data Subject: means an individual reflected by the Personal Data, including all individual customers who register to learn about, or are using Products, Services, users of ILA Viet Nam’s digital platforms, employees, collaborators, potential candidates, shareholders, other individuals who are related or have arisen relation of using and providing Products, Services, labor relation or other legal relation with ILA Viet Nam.
1.5. Personal Data Provider (hereinafter referred to as “Provider”): means an individual or an organization on behalf of or with the consent of the Data Subject to provide that his/her Personal Data to ILA Viet Nam.
1.6. Customer: includes an existing customer that is an individual or an organization and a potential customer of ILA Viet Nam.
1.7. Personal Data Processing: means one or multiple activities that impact on Personal Data, including collection, recording, analysis, confirmation, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction of Personal Data or other relevant activities.
1.8. Cross-border Transfer of Personal Data: means an act of using cyberspace, equipment, electronic means or other forms to transfer Personal Data of a Vietnamese citizen to a location outside the territory of Vietnam or using a location outside the territory of Vietnam for Vietnamese citizen’s Personal Data Processing, including:
• Transferring Personal Data of a Vietnamese citizen to an overseas organization, enterprise, and management department for processing in accordance with the purposes agreed upon by the Data Subject;
• Processing Personal Data of a Vietnamese citizen by automated systems located outside the territory of Vietnam in accordance with the purposes agreed upon by the Data Subject.
1.9. Data Controller: means an organization or an individual that decides purposes and means of Personal Data Processing
1.10. Data Processor: means an organization or an individual that performs Personal Data Processing on behalf of the Data Controller via a contract or an agreement with the Data Controller.
1.11. Data Controller-cum-Processor: means an organization or an individual who simultaneously decides purposes, means and directly processes Personal Data.
1.12. Permitted Third Party: means an organization or an individual other than the Data Subject, Data Controller, Data Processor, Data Controller-cum-Processor authorized for Personal Data Processing, including but not limited to any third party processing Personal Data on behalf of the Data Processor, any third party authorized to process Personal Data with the consent of the Data Subject in these General Terms and agreements, documents with the Data Subject.
1.13. General Terms of Protection and Processing of Personal Data (herein referred to as “General Terms”): means an agreement between ILA Viet Nam and the Data Subject/Customer explaining ILA Viet Nam’s policies and regulations regarding the protection and processing of Personal Data:
• Type of Personal Data to be processed and how ILA Viet Nam collects it;
• Purpose and method of Personal Data Processing;
• Organizations and individuals related to Personal Data Processing;
• Instructions on how the Data Subject can exercise its rights and obligations in relation to his/her Personal Data;
• Undesirable consequences and damage that may occur;
• Start time and end time of data processing.
2. EFFECTIVENESS OF GENERAL TERMS
2.1. By registering to learn, registering to use, using the Products, Services, enterring into contracts and/or providing Personal Data to ILA Viet Nam on any platform and/or in any form that allows ILA Viet Nam to process Personal Data, the Data Subject/Customer has read, understood, accepted unconditionally all contents as mentioned in these General Terms and any changes (if any) from time to time.
2.2. These General Terms are an integral part and should be read and understood in accordance with contracts, agreements, terms, conditions and other documents established between the Data Subject/Customer and ILA Viet Nam. These General Terms shall prevail in the event of any conflict or inconsistency with any contracts, agreements, terms and conditions governing the relationship between the Data Subject/Customer and ILA Viet Nam, whether entered into before, on or after the date the Data Subject/Customer accepts these General Terms.
2.3. All rights and obligations of the Parties in these General Terms will not be replaced, terminated or changed, but will be cumulative to the rights and obligations that ILA Viet Nam and the Data Subject/Customer have in any existing written agreements.
2.4. These General Terms may be updated, amended, supplemented or replaced by ILA Viet Nam from time to time. Before any change takes effect, ILA Viet Nam must notify the Data Subject/Customer no later than 01 (one) day in advance by one of the following methods: texting to a mobile phone number, sending a letter (or an email) directly to the address or posting it on the website https://www.ila.edu.vn/en or listing it at ILA Viet Nam’s transaction locations or other methods in accordance with the law. In case of disagreement with any amended and supplemented content, the Data Subject/Customer should contact ILA Viet Nam for further details.
3. PRINCIPLES OF PERSONAL DATA PROCESSING
ILA Viet Nam undertakes to comply with the following principles when processing Personal Data:
3.1. ILA Viet Nam processes and protects Personal Data in accordance with Vietnamese law; fully complies with these General Terms and other contracts, agreements, terms, conditions and other documents established with the Data Subject/Customer. Subject to the specific context, ILA Viet Nam acts as a Data Controller, a Data Processor, a Data Controller-cum-Processor, or a Permitted Third Party and performs respective rights and obligations in accordance with the law;
3.2. ILA Viet Nam collects Personal Data for specific, clear and lawful purposes and within the scope of purposes as stated in these General Terms, contracts, agreements, terms, conditions and other documents established with the Data Subject/Customer and in accordance with Vietnamese laws;
3.3. The Personal Data shall be updated and supplemented in accordance with processing purpose;
3.4. ILA Viet Nam always applies and updates technical measures in accordance with Vietnamese laws to ensure the safety and security of Personal Data, including protection from unauthorized or illegal access and/or prevention of destruction, loss, or damage to Personal Data;
3.5. ILA Viet Nam stores Personal Data for a period in conformity with processing purposes;
3.6. ILA Viet Nam is committed to complying with regulations related to children’s data protection, always following the principle of protecting children’s rights and best interests, and ensuring compliance with the law on data protection from time to time;
3.7. ILA Viet Nam may make audio and video recording and process Personal Data obtained from cameras (CCTV) in areas where CCTV is installed (including but not limited to ATM area, corridor area, entrance/exit area… of business locations) in accordance with the requirements to ensure security, social order and safety at ILA Viet Nam, protect the legitimate rights and interests of the Data Subject, prevent, combat, identify and investigate violations in accordance with the law.
4. TYPES OF PERSONAL DATA TO BE PROCESSED AND COLLECTION METHODS
In order for ILA Viet Nam to be able to process for the purposes specified in Section 5 of these General Terms and comply with other relevant laws governing ILA Viet Nam’s operations, ILA Viet Nam will need to collect and process the types of Personal Data of the Data Subject as listed below. These types of Personal Data may be changed depending on the time and the relationship between the Data Subject/Customer and ILA Viet Nam.
4.1. Types of Personal Data to be processed
a. Last name, middle name and first name, other names (if any);
b. Date of birth; date of death or going missing;
c. Gender;
d. Place of birth, registered place of birth, place of permanent residence, place of temporary residence, current place of residence, hometown, contact address;)
e. Nationality;
f. Personal image; information obtained from security systems, including audio and video recordings of the Data Subject on the camera system, surveillance cameras at ILA Viet Nam’s business locations;
g. Phone number, identity card number, personal identification number (citizen identification number), passport number, driver’s license number, license plate number, taxpayer identification number, social insurance number, health insurance card number and other relevant information (such as tax payment information, insurance information,… );
h. Occupation, place of employment and other employment details;
i. Marital status;
j. Information about family relationships (parents, spouses, children,…);
k. Information about (an) individual’s digital account(s); the Personal Data reflects activities, activity history in cyberspace;
l. Information associated with an individual or used to identify an individual;
m. Information is automatically collected when the Data Subject accesses ILA Viet Nam’s website, mobile application and other means of communication such as IP address, device code, device type, operating system, browser type, date and time of connection, cookie(s)… and other technical information;
n. Information/data generated from the operation of a online accounts, data on how the Data Subject manages and uses a online accounts; the Data Subject’s behavior, actions, or preferences expressed on digital platforms;
o. Handwriting, signatures including electronic signatures;
p. Biometric data (fingerprints, face, iris,…);
q. Information about education, degrees, certificates;
r. Financial information (income, expenses, , tax information…);
s. Political and religious opinions;
t. Information about racial or ethnic origin;
u. Information about health condition and personal information stated in health record, blood type;
v. Information about genetic data related to an individual’s inherited or acquired genetic characteristics;
w. Information about an individual’s own biometric or biological characteristics;
x. Data on crimes and criminal activities collected and stored by law enforcement agencies;
y. Customer information at ILA Viet Nam, including: customer identification information in accordance with the law, account information (including separate accounts and joint accounts), duration of maintaining relationship with ILA Viet Nam, Products, Services that are frequently used), information about organizations, individuals that are guarantors at ILA Viet Nam, information about individuals, organizations related to customers at ILA Viet Nam (including but not limited to: information about individuals sponsoring customers who are non-governmental organizations, non-profit organizations; individuals controlling customer account activities; founders, legal representatives, members of the management board, chief accountants of customers…);
z. Other relevant information affecting (directly/indirectly) or arising/relating to the establishment, provision and evaluation of activities of providing Products, Services, labor relations or other legal relations with ILA Viet Nam in accordance with the law.
4.2. Collection Methods
ILA Viet Nam as a Data Controller or a Data Processor of ILA Viet Nam (which collects Personal Data on behalf of ILA Viet Nam) may collect the types of Personal Data mentioned in Section 4.1 of these General Terms from the following sources:
4.2.1. Through interaction with the Data Subject
• From documents, agreements, contracts, transaction records and/or transaction supporting documents sent to ILA Viet Nam;
• From interactions when the Data Subject accesses, enters, selects, registers at browsers, applications, websites, fanpages, social networks and other digital platforms of ILA Viet Nam/Data Processor, including files automatically generated by the browser, application that the Data Subject accesses (cookie(s)) or similar monitoring tool(s);
• From audio and video recording files (video calls) stored on the system of recorders/camcorders, surveillance cameras at business locations, switchboard systems, and telephones of ILA Viet Nam/Data Processor;
• From interactions of the Data Subject with individuals/entities authorized by ILA Viet Nam including face-to-face meetings at ILA Viet Nam’s transaction locations, verbal and/or written communications between the Data Subject and ILA Viet Nam, conversations via landlines and/or mobile phones, emails, messages, or other means of communication;
• From the analysis of methods which the Data Subject uses and manages Products, Services;
• From any other means that ILA Viet Nam may collect when the Data Subject interacts with ILA Viet Nam/ILA Viet Nam’s Data Processor.
Where ILA Viet Nam or its Data Processor directly interacts with the Data Subject, ILA Viet Nam is responsible for obtaining the Data Subject’s consent for Personal Data Processing in accordance with these General Terms. Subject to agreement between ILA Viet Nam and the Data Processor, the consent of the Data Subject shall be obtained by ILA Viet Nam or its Data Processor.
4.2.2. Through the Personal Data Provider
a. The Provider includes but is not limited to the following ones:
• An individual Customer provides information of another person who is the Data Subject including but not limited to information about: his/her dependents, persons related according to the law, spouses, children, parents, siblings, guardians, persons in the consanguineous, raising, support relationship, friends, partners, customers, contacts in emergency case or relevant individuals that ILA Viet Nam must collect information to fulfill requests and provide Products, Services to the Customer in accordance with ILA Viet Nam’s regulations and applicable laws;
• A corporate Customer provide information of another person including but not limited to information about: its relevant persons, its legitimate representatives performing Products, Services transactions at ILA Viet Nam such as its legal representative, authorized representative, or accountant, manager, owner, employee, individual/group of individuals who are customers of the organization, beneficial owner and other individuals that ILA Viet Nam must collect information to fulfill requests and provide Products, Services to the Customer in accordance with ILA Viet Nam’s regulations and applicable laws;
• Service providers, partners, consulting firms of ILA Viet Nam include but are not limited to: organizations and individuals conducting surveys, social media, marketing, fraud prevention, data collection, infrastructure support, systems, services and technology facilities, information, correspondent banks, payment intermediaries of ILA Viet Nam, third parties assisting in conducting transactions, organizations supporting to identify, verify identification information, brokers and other third parties related to ILA Viet Nam’s business activities;
• Third parties related to the Data Subject, including but not limited to its employer, joint account holder, credit grantor, security registrant and information provider, co-partner, co-manager, co-shareholder, service providers of the Data Subject providing the Personal Data to ILA Viet Nam;
• Any credit reference, report provider, credit information provider, credit scorer and any party permitted to provide information services in accordance with the law;
• Ministry of Education and Training (MOE); Department of Education and Training (DOET) or other competent authorities in Vietnam or abroad;
• Any third party consented by the Data Subject to collect and transfer information to ILA Viet Nam.
b. When providing the Personal Data of any individual to ILA Viet Nam, the Provider undertakes, warrants and is responsible to ILA Viet Nam that:
• The information provided to ILA Viet Nam is accurate and complete, and it shall notify ILA Viet Nam of any changes and errors in the Personal Data provided to ILA Viet Nam;
• It has informed the individual who is the Data Subject to fully understand and has obtained such individual’s legal consent/approval or valid authorization (including establishing policies and terms on Personal Data protection) in:
(i) Providing his/her Personal Data to ILA Viet Nam
(ii) Allowing ILA Viet Nam to process Personal Data for the purposes stated in these General Terms. The Provider agrees that ILA Viet Nam is not responsible for verifying the legality and validity of this consent/approval/authorization and that the storage of proofs 12 is the responsibility of the Provider. The Provider must provide evidence at the request of ILA Viet Nam. ILA Viet Nam is exempt from liability and is entitled to claim for related damages and expenses when the Supplier fails to comply with the commitments in this Section;)
• For Personal Data about children, the Provider must provide documents proving that they are the child’s father, mother or legal guardian or have obtained the consent of the child’s father, mother or legal guardian before providing data to ILA Vietnam. For children over 7 years old, the Provider must obtain consent from children over 7 years old for the Personal Data Processing in accordance with these General Terms.
4.2.3. From other information sources (including public data sources widely disseminated such as websites, social networks, online newspapers, printed newspapers,… to which subjects and contents can be accessed without limitation) in accordance with the law which are generated or aggregated together with other information that ILA Viet Nam collects.
5. PURPOSES OF PERSONAL DATA PROCESSING
The Personal Data may be processed by ILA Viet Nam or a Data Processor or an Permitted Third Party serve one or more of the following purposes:
5.1. To evaluate, provide and improve the quality of supply of Products, Services, including but not limited to:
a. To identify, verify and maintain accurate information on knowing the Data Subject/Customer), authenticate the Data Subject/Customer
b. To assess, identify, verify the legal profile, credit, assets and eligibility of the Data Subject/Customer for any Products, Services proposed or provided by ILA Viet Nam;
c. To consider, approve the provision of or continuation of providing any Products, Services in accordance with written registrations, proposals, requests and other documents of the Data Subject/Customer;
d. To appraise, build and assess the Data Subject/Customer’s reliability in the use of Products, Services;
e. To better understand the Data Subject/Customer’s needs for learning , using Products, Services, current and future financial status, research, plan and analyse, make data statistics for the purposes of personalization, building, developing or improving the quality of Products, Services (including online services) and developing new ILA Viet Nam’s Products, Services, advertising strategies or other strategies;
f. To perform other activities related to the operation and management of ILA Viet Nam for the Data Subject/Customer in general and other appropriate purposes at ILA Viet Nam’s sole discretion from time to time.
5.2. To enforce the requirements of the Data Subject/Customer and fulfill the obligations as specified in contracts, agreements, terms, conditions and other documents between ILA Viet Nam and the Data Subject/Customer, including but not limited to:
a. To provide information and advice on the content of Products, Services at the request of the Data Subject/Customer;
b. To perform obligations under contracts, agreements with the Data Subject/Customer and other documents on the provision of Products, Services for the Data Subject/Customer, including providing information to ILA Viet Nam’s service providers (legal consultants, financial consultants…) to fulfill these obligations;
c. To monitor, urge and evaluate the fulfillment of obligations of the Data Subject/Customer to ILA Viet Nam;
d. To implement terms related to care policy; manage benefits or interests relating to ILA Viet Nam’s relationship with the Data Subject/Customer or arising from the Data Subject/Customer’s participation in events, advertising/marketing campaigns or similar programs;
e. To resolve, investigate complaints, initiate lawsuits with the Data Subject/Customer;
f. To monitor, timely support the Data Subject/Customer in emergency situations;
g. To contact the Data Subject/Customer for the purpose of communicating information, learning contents, providing updates on changes in Products, Services, delivering invoices, statements, reports, general transaction terms and conditions or other relevant documents;
5.3. To conduct marketing and promotion, including but not limited to:
a. To directly and indirectly conduct marketing to the Data Subject/Customer of Products, Services that may be of interest to or bring incentives and benefits to the Data Subject/Customer;
b. To send information to the Data Subject/Customer to conduct sales promotion programs, gift exchange, awarding, giving gifts, benefits and to collect the Data Subject/Customer’s opinions through surveys and other forms of commercial promotion in accordance with the law.
5.4. To administer internal operations, business activities and manage internal risk of ILA Viet Nam, including but not limited to:
a. To ensure the lawful business purposes of ILA Viet Nam in cases that ILA Viet Nam considers necessary, including communicating with ILA Viet Nam’s partners, service providers;
b. To enter data, check the completeness, accuracy and legality of the Personal Data collected by ILA Viet Nam;
c. To comply with agreements and contracts between ILA Viet Nam and other third parties;
d. To fulfill its obligations of report, finance, accounting and tax;
e. To perform activities for the purposes of auditing, risk management and compliance, archiving;
f. To serve the requirements of ILA Viet Nam internal operations (including the creation, maintenance and management of ILA Viet Nam infrastructure, audit and administration,…);
g. To develop, manage human resources, including but not limited to:
h. To verify candidates’ eligibility; evaluate dossiers, documents for the purpose of appraising and evaluating candidates’ qualifications, registering candidate profiles and serving the recruitment process;
i. To sign and manage employment contracts and agreements with candidates and employees;
k. To train, examine and evaluate work quality and compliance with obligations specified in contracts, agreements and commitments between employees and ILA Viet Nam.
5.5. To comply with applicable laws and international treaties to which Vietnam is a member, including but not limited to:
a. To comply with the obligation to provide to competent state agencies in accordance with the law;
b. To perform its obligations under the law, regulations/rules/international treaties that ILA Viet Nam must comply with (including but not limited to information disclosure, reporting to regulatory agencies, British Virgin Islands Internal Revenue Service,…);
c. To generate data, reports and statistics upon requests of The Ministry of Education and Training (MOE); Department of Education and Training (DOET) or competent authorities in accordance with the law;
d. To comply with all applicable laws (including but not limited to legislative documents, laws, decrees, directives, official dispatches,…) and/or any competent authority’s requests.
5.6. To ensure the legitimate rights and interests of ILA Viet Nam and the social community, including but not limited to:
a. To protect or enforce ILA Viet Nam’s legitimate rights and interests, including the right to collect fees, collect and treat debts owed by the Data Subject/Customer and other related entities to ILA Viet Nam and other rights;
b. To fulfill responsibilities to the community and society.
5.7. To facilitate mergers, acquisitions and divestments of ILA Viet Nam, including but not limited to:
a. To perform transactions such as transferring, disposing, merging or buying and selling, exchanging for operations and assets of ILA Viet Nam.
b. For the avoidance of doubt, by accepting these General Terms, the Data Subject/Customer agrees that ILA Viet Nam is entitled to process Personal Data (including Personal Data updated in the future) for all of the above purposes. ILA Viet Nam will obtain permission of the Data Subject/Customer before using Personal Data for purposes other than those stated in these General Terms and other contracts, agreements, terms, conditions and documents established with the Data Subject/Customer.
6. PERSONAL DATA PROCESSOR, PERMITTED THIRD PARTY, AND OTHER RELATED ORGANIZATIONS, INDIVIDUALS
In order to carry out the purposes and activities of Personal Data Processing in Section 5 of these General Terms, ILA Viet Nam may provide and transfer Personal Data to the following Personal Data Processors, Permitted Third Parties and other related organizations, individuals:
6.1. Employees and member departments of ILA Viet Nam
Any employees, branches, transaction offices, affiliates or member departments of ILA Viet Nam; subsidiaries, joint ventures and associated companies as determined by ILA Viet Nam from time to time.
6.2. Any third parties assisting in verifying the Data Subject’s information
a. Credit information service providers and information service providers;
b. The Ministry of Education and Training (MOE); Department of Education and Training (DOET) or any agencies or organizations established by the The Ministry of Education and Training (MOE); Department of Education and Training (DOET) or any other competent authorities;
6.3. Competent Authorities
a. Competent agencies that may require the provision of information in accordance with the law;
b. Any courts, arbitrators, mediators, proceeding-conducting agencies, judgment enforcement agencies and/or any other competent authorities that may require ILA Viet Nam to enforce its responsibilities;
c. The police or other agencies which is entitled to conduct an investigation in relation to any violations including suspected acts;
d. Any individuals, competent authorities or regulatory bodies or third parties to whom ILA Viet Nam is authorized or required to disclose pursuant to any country’s regulations or under any other contracts or undertakings between such third party and ILA Viet Nam.
6.4. ILA Viet Nam’s service providers and entities collaborating in providing services with ILA Viet Nam
a. Any contractors, agents, sellers, service providers, consultants, or other parties collaborating with ILA Viet Nam (including employees, leaders), including but not limited to:
• Companies providing services to support ILA Viet Nam’s business activities such as: organizations providing services of administration, correspondence, telemarketing, direct sales, call center, business process, travel, visa, knowledge management, human resource management, data processing, information technology, computer, payment website, market research, data modeling, award exchange, record keeping and management, data entry, social media, telecommunication, messaging or emailing, networking, telephony, infrastructure and technology support, workforce management, information security, software and license maintenance, data center, conversation and seminar, training, consulting services, and other activities that support ILA Viet Nam’s business activities;
• Organizations involved in processing transactions of the Data Subject/Customer (regardless of whether such organization is established and operated in Vietnam or not);
• Business partners, related partners that cooperate with ILA Viet Nam to develop, provide or relate to the development and provision of Products, Services to the Data Subject/Customer and/or to serve ILA Viet Nam’s business operations.
b. Contractors, agents, vendors, service providers, consultants, or partners of the organizations specified in this Section 6.4(a).
6.5. Third parties on behalf of the Data Subject
a. Any persons authorized, allowed by the Data Subject to provide information to conduct transaction on behalf of the Data Subject;
b. Other organizations and individuals allowed to receive data under the consent/authorization of the Data Subject or in accordance with applicable laws.
c. Other third parties
• Other related parties that ILA Viet Nam considers necessary to satisfy and protect the legitimate rights and interests of the Data Subject/Customer;
• Parties in the transaction of buying or selling debts, assets of ILA Viet Nam, assets of guarantors;
• Any individuals who intend to pay any unpaid amounts in any Data Subject/Customer’s account(s) at ILA Viet Nam;
• Parents, spouses, children, heirs of the Data Subject in the event that the Data Subject is dead, declared missing;
• Personal Data Processors have been approved by the Data Subject when using the Products, Services;
• Other Personal Data Processors or Permitted Third Parties.
b. The provision of Personal Data to the parties ensures that: The Personal Data recipient only conducts necessary Personal Data Processing for the purpose of performing the functions and tasks that ILA Viet Nam appoints and hires in accordance with these General Terms, contracts, agreements and other documents established with the Data Subject/Customer, in accordance with the laws and/or regulations/rules/international treaties that ILA Viet Nam must comply with.
7. METHOD OF PERSONAL DATA PROCESSING
Depending on the purpose of Personal Data Processing, ILA Viet Nam or its Data Processor or the Permitted Third Party may apply appropriate processing methods including but not limited to automatic methods, manual methods or other methods of Personal Data Processing in accordance with the laws and regulations of ILA Viet Nam from time to time.
8. UNDESIRABLE CONSEQUENCES AND DAMAGES THAT MAY OCCUR
8.1. When ILA Viet Nam processes Personal Data
The Personal Data Processing always carries a risk of data leakage or inappropriate data processing. ILA Viet Nam is aware of the importance and responsibility of the protection of Personal Data, commits to apply appropriate protection measures in accordance with applicable laws and regularly review and update the best technical measures to ensure the safety of Personal Data Processing, make maximum efforts to prevent risks and limit undesirable consequences and damages that may occur, and protect legitimate rights and interests of the Data Subject and ILA Viet Nam.
8.2. When ILA Viet Nam processes the request of the Data Subject’s rights
8.2.1 The Data Subject’s consent withdrawal, data deletion request, processing restriction, objection to Personal Data Processing and/or performance of other rights relating to any or all of the Personal Date may affect the ability to provide/maintain Products, Services to the Data Subject/Customer. Depending on the nature of the Data Subject’s request, ILA Viet Nam may consider and decide to refuse or not continue to provide Products, Services to the Data Subject/Customer. Acts performed by the Data Subject pursuant to this clause shall be considered as a unilateral termination of the agreement on the part of the Data Subject/Customer for any relationship between the Data Subject/Customer and ILA Viet Nam and may completely lead to a breach of obligation or commitment under contracts, agreements or other documents between the Data Subject/Customer and ILA Viet Nam. Accordingly, the Data Subject/Customer shall be responsible for any arising loss and ILA Viet Nam’s legal rights will be expressly reserved with respect to the limitation, restriction, temporary suspension, cancellation, and prevention to requests related to such Personal Data.
8.2.2 Any requests to delete data, withdraw consent, limit or object to data processing will not affect the legitimacy of ILA Viet Nam’s previous data processing activities.
8.2.3 For the request to view and edit the Personal Data, the Data Subject understands and agrees that in some cases caused by technical reasons, the system’s responsiveness, ILA Viet Nam’s infrastructure, the requirement to verify the Personal Data before editing in accordance with the law or for other reasons it may affect and limit the scope of types of Personal Data, the way in which the Data Subject can access, view and edit.
9. CROSS-BORDER TRANSFER OF PERSONAL DATA
For the purposes of Personal Data Processing, ILA Viet Nam may be required to provide/transfer Personal Data to relevant third parties of ILA Viet Nam and these third parties may be located in Vietnam or outside Vietnam. When transferring the Personal Data abroad, ILA Viet Nam will require recipients to ensure the safety and security of the provided/transferred Personal Data. ILA Viet Nam undertakes to fully comply with Vietnamese laws to protect Personal Data’s safety.
10. MARKETING, ADVERTISING
10.1. The Data Subject/Customer understands that upon accepting these General Terms, ILA Viet Nam and its subsidiaries, strategic investors/strategic shareholders, marketing partners, service providers and/or any third parties cooperating with ILA Viet Nam may contact the Data Subject/Customer via email, SMS or other means in order to provide Products, Services which may be of interest to or bring incentives and benefits to the Data Subject/Customer.
10.2. The Data Subject/Customer may receive notifications/see advertisements or other contents at any websites, personal emails or any devices that may link to websites or services of other partners or third parties cooperating with ILA Viet Nam. ILA Viet Nam is not responsible for controlling such contents and links as well as the activities used by these websites or services.
10.3. In case the Data Subject/Customer wants to unsubscribe from receiving notifications/seeing advertisements or other contents, the Data Subject/Customer should contact ILA Viet Nam according to the Contact Information specified in Section 16 of these General Terms.
11. NOTIFICATION OF PERSONAL DATA PROCESSING
The Data Subject confirms that, by accepting these General Terms, the Data Subject has been notified by ILA Viet Nam of Personal Data Processing prior to ILA Viet Nam’s processing (including but not limited to notification of sensitive Personal Data Processing, notification of possible consequences and damages when withdrawing consent, notifying that the Data Subject is being recorded), fully consulted and explained, completely understand and agreed with all contents contained in these General Terms. The Data Subject/Customer agrees that ILA Viet Nam does not need to give notice again before Personal Data Processing, or processing the Data Subject’s request to withdraw consent at ILA Viet Nam.
12. RIGHTS AND OBLIGATIONS OF DATA SUBJECT
12.1. Quyền của Chủ Thể Dữ Liệu Rights of Data Subject
a. The Data Subject may request ILA Viet Nam to provide detailed information of the provisions of these General Terms or request to rectify its Personal Data according to ILA Viet Nam’s instructions.
b. To be respected by ILA Viet Nam and ILA Viet Nam shall make efforts to protect rights of the Data Subject: (1) Right to know; (2) Right to consent; (3) Right of access (including viewing, rectifying or requesting correction of Personal Data); (4) Right to withdraw consent; (5) Right to delete data; (6) Right to restrict data processing; (7) Right to provide data; (8) Right to object to data processing; (9) The right to complain, denounce and initiate lawsuits; (10) Right to claim damages; (11) Right to self-defense.
c. When exercising his/her rights, the Data Subject understands and agrees that:
ILA Viet Nam maintains measures to protect against unauthorized or unlawful access and/or destruction, loss, damage of Personal Data and considers the legitimate interests of the Data Subject, capabilities and systems of ILA Viet Nam from time to time. With reasonable efforts, ILA Viet Nam will fulfill lawful and valid requests from the Data Subject within the capacity and time in accordance with the law;
• The requests of Data Subject will have to comply with the process, procedures and costs specified by ILA Viet Nam; be received at ILA Viet Nam’s transaction locations or other methods prescribed by ILA Viet Nam from time to time;
• For security purposes, the Data Subject may need to make its request in writing or use another method to prove and verify the Data Subject’s identity. ILA Viet Nam may require the Data Subject to verify and authenticate his/her identity before processing the Data Subject’s request;
• ILA Viet Nam reserves the right to decline the Data Subject’s request in some cases: (i) The Data Subject fails to comply with the order and procedures guided by ILA Viet Nam; or (ii) ILA Viet Nam is unable to identify the Data Subject or is unable to verify the accuracy and completeness of the Personal Data and/or the Data Subject fails to provide or provide incomplete papers and documents to verify its identity, the accuracy and completeness of Personal Data; or (iii) ILA Viet Nam evaluates that there are signs of forgery, fraud, violation of Personal Data protection; or (iv) There is a dispute (including indications only) between the Provider and the Data Subject; or (v) The Data Subject/Customer does not accept the consequences or damages as prescribed in Section 8.2 of these General Terms; or (vi) The Data Subject’s request is not permitted to fulfill by the law.
12.2. Obligations of Data Subject
a. To protect your own Personal Data;
b. To respect and protect others’ Personal Data;
c. To fully and accurately provide his/her Personal Data and documents to verify the Personal Data in accordance with these General Terms;
d. To timely notify rectification and update of all changes and errors in the Personal Data provided to ILA Viet Nam together with documents proving the rectification or change of Personal Data;
e. To participate in dissemination of Personal Data protection skills;
f. To comply with regulations of law on protection of Personal Data and prevent violations against regulations on protection of Personal Data;
g. To immediately notify ILA Viet Nam if discovering or suspecting that the Personal Data has been exposed which may lead to risks in the process of using Products, Services at ILA VietNam or that there is any breach of Personal Data protection under these General Terms that may be recognized by the Data Subject;
h. To regularly check ILA Viet Nam’s official website for updating and following any changes (if any) related to these General Terms;
i) Other obligations as prescribed by law.
13. PERSONAL DATA PROCESSING WITHOUT THE CONSENT OF DATA SUBJECT
In accordance with the law, the Data Subject understands that ILA Viet Nam is allowed for Personal Data Processing without the consent of the Data Subject, and ILA Viet Nam will continue to perform Personal Data Processing even if the Data Subject requests to withdraw consent, objects to processing, and restricts processing in the following cases:
13.1. The Personal Data shall be processed to protect the life and health of the Data Subject or others in an emergency situation;
13.2. Disclosure of Personal Data in accordance with the law;
13.3. Processing of Personal Data by competent regulatory authorities in the event of a state of emergency regarding national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a threat to security and national defense but not to the extent of declaring a state of emergency; to prevent and fight riots and terrorism, crimes and law violations according to the provisions of law;
13.4. In order to fulfill obligations of the Data Subject/Customer under contracts with ILA Viet Nam, relevant agencies, organizations and individuals as prescribed by law;
13.5. In order to serve operations by regulatory authorities as prescribed by relevant laws.
14. STORAGE OF PERSONAL DATA
14.1. The Personal Data will be stored by ILA Viet Nam in accordance with the law. To the extent permitted by law, ILA Viet Nam may store the Personal Data in Vietnam or abroad, including cloud storage solutions.
14.2. The storage of Personal Data is carried out for the period necessary to fulfill the purposes as agreed with the Data Subject in these General Terms, contracts, agreements, other documents established with the Data Subject, except where it is or must be stored longer as required by the laws from time to time.
14.3. Upon receiving the Data Subject’s request to withdraw consent, object to processing and restrict processing, ILA Viet Nam will continue to store and not delete Personal Data in the following cases:
a. The deletion of personal data is prohibited by law (such as requirements on storage period as prescribed by law, storage for ILA Viet Nam to continue processing in accordance with the cases specified in Section 13 of these General Terms, regulations on safety and security of information systems operations…);
b. The Personal Data is processed by the competent state agency with a view to serving operations by such agency as prescribed by law;
c. The Personal Data has been disclosed as prescribed by law;
d. The Personal Data is processed with a view to serving law, scientific research and statistics as prescribed by law;
e. In the event of a state of emergency on national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a risk of threatening security and national defense but not to the extent of declaring a state of emergency; to prevent and combat riots and terrorism, to prevent and combat crimes and law violations according to regulations of law;
f. It is required to respond to emergent cases that threaten the life and health or the safety of the Data Subject or other persons.
15. DURATION OF PERSONAL DATA PROCESSING
15.1. Start Time: ILA Viet Nam will begin Personal Data Processing upon receipt of Personal Data with the consent of the Data Subject or the Provider’s commitment to the Data Subject’s consent regarding the Personal Data Processing in accordance with these General Terms.
15.2. End time:
ILA Viet Nam will stop Personal Data Processing when (whichever comes last):
a. There is any Data Subject’s written request;
b. Legal agreements between the Data Subject/Customer and ILA Viet Nam is terminated or the Parties have fulfilled all obligations related to agreements;
c. Disputes, complaints have concluded with a valid agreement/judgment/decision of a competent state agency;
d. The processing purpose has been completed with the Data Subject’s consent;
e. The archival obligation has been fulfilled as prescribed by law;
f. According to the law
16. CONTACT INFORMATION
In case the Data Subject/Customer has any request or question regarding these General Terms, please contact ILA Viet Nam at any nearest transaction location or call ILA Viet Nam’s Call Center at the hotline number: 1900 6965, email to: info@ilavietnam.edu.vn;
After receiving a demand, ILA Viet Nam shall instruct the Data Subject/Customer to complete the application and complaint procedures as specified in ILA Viet Nam’s regulations in accordance with the law.
17. LANGUAGE
These General Terms of Protection and Processing of Personal Data are made in Vietnamese and English. In case there is any difference between Vietnamese and English content, Vietnamese content shall prevail.
