INTRODUCTION

This Privacy Policy or Privacy Notice (“Privacy Notice”) will become effective on October 20, 2024.
The following Privacy Notice explains how We, PT Phan Viet and/or its affiliates (hereinafter referred to as “Phan Viet” or “We”) collect, collect, store, control, use, process, analyze, improve, update, display, notify, transfer, disclose and protect your Personal Data (“Process Personal Data” or perform “Personal Data Processing”). This Privacy Notice applies to all Users of Our mobile applications (including Phan Viet App, Phan Viet Academy, Phan Viet START, Phan Viet Merchants and Phan Viet Partners), websites (including phanviet.my and its derivative sites), features, services and products (collectively, the “Apps”), except as otherwise provided in a separate privacy notice.
This Privacy Notice is provided in a multi-layered format so that you can click through to specific areas available below. Please read this Privacy Notice carefully to ensure that you understand Our data protection practices. We want to make this easy to understand, so we have summarized the key points in the Summary section. Capitalized terms used in this Privacy Notice will have the same meaning as the terms in the Terms and Conditions applicable between you and Phan Viet. The Privacy Notice has the same meaning as the privacy policy mentioned in the Terms and Conditions of our App and in-App products.

Acknowledgement and Consent

By agreeing to the Privacy Notice, you acknowledge that you have read and understood this Privacy Notice and agree to all of its terms. Specifically, you agree and consent to our processing of your Personal Data in accordance with this Privacy Notice.
If you provide us with Personal Data relating to another individual (such as Personal Data relating to your spouse, family member, friend or other party), you represent and warrant that you have obtained the consent of that individual and therefore consent on behalf of that individual to our processing of their Personal Data. We may request evidence of such consent from you at any time.
You may withdraw your consent to any or all Processing of your personal data at any time by providing us with reasonable written notice using the contact details set out below. You may also withdraw your consent to us sending you certain communications through the “opt-out” facility, the “unsubscribe” option available in the messages We send or by using the options available on each means of communication that We use to contact You. You must understand and acknowledge that by withdrawing such consent, You may no longer be able to use the Application or the service. Your withdrawal of consent may result in the termination of the service, deletion of your account or the termination of your contractual relationship with Us, while all rights and obligations arising therefrom will remain in full force and effect. After receiving your consent to withdraw, We will inform you of the possible consequences of withdrawal so that you can decide whether you still want to withdraw your consent.

SUMMARY

Summary of changes

In this Privacy Notice, We have made a number of changes, specifically changes to the appearance, changes to the terms, and alignment with the privacy policy or other privacy notices in GoTo Group. Regarding the screen, We have changed the original static screen to a layered format and added a Summary section to make it easier for readers to understand this Privacy Notice in a short time. In addition, there are changes to the terms of this Privacy Notice, including changing the Privacy Policy term to Privacy Notice.

What data do we collect about you?

We collect Personal Data when you use our Apps, including identification data, contact data, eligibility data, transaction data, financial data, payment data, log data and/or location data. We also collect technical and device data from you as well as other data that you may communicate or submit when using our Apps. If you choose not to provide such data, we may not be able to provide you with the services and Apps properly.

How do we use data about you?

We use your data to organize and manage your account with us, communicate with you, and provide various features, services and functionality to you on our Apps.
If You are a Seller or other third party, We will use Your data to verify that You can sell on Our App, enable You to offer Your Goods, digital products or financial products to Users, set up and manage Your account with Us, communicate with Us. Instead, You provide You with various services and functions available in Our App.
We also use Your data to perform maintenance of Our App and to customize Our products and services to Your interests. In addition, We use Your data to market Our products and services to You, as well as products and services from Our affiliates, partners or agents (with Your consent where required by Applicable Law).

Who do we share your data with?

We share Your data with Our third-party partners to facilitate services provided to You or by You, with Our third-party partners, to the extent necessary for them to provide their services, including but not limited to payment processing, delivery, product provision, claims, and insurance verification.
We only use these third-party services to process and/or store Your data for the purposes described in this Privacy Notice. We also share Your data with Our affiliates for the purposes described in this Privacy Notice and with government agencies and other government agencies as required by Applicable Law.
We may also provide access by displaying your Personal Data to other Users to facilitate communications and/or perform services on our Application.

Where do we process your data?

We process your data in a number of locations, both in Malaysia and outside Malaysia. We may also transfer your data to our affiliates and third party partners outside Malaysia for the purposes set out in this Privacy Notice.

How long do we process your data?

We process your data for as long as it is necessary for you to consent and necessary to fulfill the purpose for which it was collected and collected or as required by Applicable Laws.

How can I exercise my rights regarding my data?

You may have various rights in relation to your Personal Data based on Applicable Laws.
If you wish to submit an application to exercise your rights, you may submit a data subject rights application to Phan Viet, including an application to delete User data through our App. You can access full information on the Phan Viet website.

Contact us

In case the User has any questions, comments, complaints or claims regarding this Privacy Notice or the User wishes to access and/or correct his/her Personal Data, please contact Phan Viet customer service via the Phan Viet website.

How will we notify you of changes?

We will occasionally change this Privacy Notice and notify You of the updated version through our App or your registered email with Us. Please check back periodically for any updates or changes to this Privacy Notice.
You can read more explanation about the above in the section below.

PERSONAL DATA WE COLLECT

Types of personal data we collect about you

“Personal Data” means data that identifies or can be used to identify, contact, or locate the person or device to which the data is associated. Personal Data includes but is not limited to your name, address, date of birth, occupation, telephone number, email address, bank and credit card account details, gender, identification documents (including passport or national identification documents) or other government-issued identification documents, vehicle data, photographs, nationality, telephone numbers of Users and non-Users in your mobile phone contact list, health data, financial related data, biometric data (including but not limited to fingerprint identification and facial recognition) and other data included as Personal Data under applicable laws and regulations. For the avoidance of doubt, Applicable Law means all applicable laws, household budgets, laws, regulations, administrative policies, ordinances, protocols, industry codes, road traffic rules, licenses or legal requirements from courts, arbitral bodies or any other government, legal authority, agency or regulatory, judicial, administrative or supervisory body, from time to time in force during the term of this Privacy Notice (“Applicable Law”). In addition, any other data, including personal profiles and/or unique identifiers, that is linked or combined with Personal Data is also Personal Data.
The type of Personal Data we collect depends on the circumstances of collection and the nature of the service requested or transaction undertaken.
As permitted by applicable Law, we may process, collect, use, store and transfer different types of Personal Data, including general and specific/sensitive Personal Data, about you which we have classified as follows:
  1. Identity Data including name, username, password, resident ID card, taxpayer identification number, user identity or other identifier, location, date of birth, gender, place of birth, occupation, nationality, photograph and/or biometric data.
  2. Contact Data including billing address(es), shipping address(es) and labels, email address(es), telephone number and contact list.
  3. Eligible Data includes, in relation to Sellers, such as authorizations, consents and insurance policy details.
  4. Transaction Data includes purchases or orders you make, your preferences, interests, survey inputs and responses in relation to Users, types of services sought, details of pickup and/or delivery, and the types of services available at that time.
  5. Financial data includes bank account and payment card details such as the type of card or payment account used, the name of the card or payment account issuer, the name of the card or payment account holder, the identification number of the account or payment card, the verification code of the card or payment account and the expiry date of the card or payment account, if any, virtual account data, financial history (including but not limited to card or account transaction history, payment card or account details, CVV Code and mapping and/or status and condition of the card or payment account) and credit assessment data (credit scoring).
  6. Payment Data includes details of payments or transfers made by Users on our App, including but not limited to data relating to usage, payment, recipient details (including their account details), payment method used, payment amount paid, payment details and invoice details.
  7. Technical Data includes details of your use of our App, such as identifiers generated by the App (user id), internet protocol (IP) address, data such as web pages viewed before or after, duration of each visit/session, internet device identifier (ID) or media access control address, advertising ID and other device information including information about the manufacturer, model and operating system of the device you use to access the App and crash logs.
  8. Device Data includes device data, including the type of device you use to access the Application, including hardware model, operating system and version, software, IMEI number, file name and version, language selection, unique device identifier, advertising identifier, serial number, device movement information, and/or mobile network information.
  9. Data records (logs) include records on the receiving server of data such as the device IP address, access date and time, application features or pages viewed, application workflow and other system activities, browser type, and/or third-party websites or services that the User used before interacting with the Application.
  10. Location Data includes your real-time geolocation data, location coordinates in the form of longitude and latitude, and Wi-Fi location.
We may create, use, license or disclose Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but will not be considered Personal Data as it will not directly or indirectly reveal your identity as We will ensure:
  1. that all identifiers have been removed in such a way that the data, alone or together with other available data, cannot be linked or connected to or identify anyone, and
  2. the data is then combined with similar data so that the original data forms part of a larger data set.

If you provide insufficient Personal Data

Where we are required to collect Personal Data by law or under the terms of an agreement we have with you and you choose not to provide such Personal Data or provide us with insufficient Personal Data when requested, we may not be able to provide the services and perform the agreement we have or are in the process of entering into with you.

How we collect your personal data

The Personal Data we collect may be provided by you directly or by a third party (for example, when you register for or use the Application, when you contact our customer service department or when you provide us with Personal Data). We may collect data in a variety of forms and for a variety of purposes (including those permitted under applicable Law).

1. Data we collect directly from You or Your mobile device

You may provide us with your Identity, Contact Information, Eligibility, Profile, Financial and Payment Data, including where requested by Us or where required by Applicable Law, when interacting directly with Us or communicating with Us by mail, email or otherwise. This includes Personal Data you provide when you:
  • register and create an account using the App;
  • use the App, including when you register as a Merchant or use the services as a User;
  • make payments using available methods including but not limited to credit card payments, virtual accounts, bank transfers, e-money utilities and/or e-wallets (as a payer or a payee);
  • add a funding source to pay for the App;
  • use the chat feature (including but not limited to discussing products, chatting with Sellers, chatting with customer service) on the App; And
  • provide feedback or contact us.

2. Data collected each time you use the App

You may provide us with Technical and Location Data each time you use and/or access the App. Each time you access the App via your mobile device, We will track and collect your geolocation data in real time. In some cases, You will be asked to enable the Global Positioning System (GPS) on Your mobile device so that We can provide You with a better experience when using the App (for example, to provide You with data on the proximity of your courier). You can always choose to temporarily disable geolocation tracking data on your mobile device. However, it may affect the functionality available on the App.
If you use and/or pay with cryptocurrency and/or e-wallet options available on the App, We may collect certain Financial, Profile and Payment Data related to the payment and transfer.
In addition, each time you use and/or access the App, certain data may also be automatically collected using cookies. Cookies are small application files stored on your computer or mobile device. We use cookies to track User activity in order to improve the interface and User experience. Most mobile devices and internet browsers support the use of cookies; however, you may be able to adjust the settings on your mobile device or internet browser to decline certain types of cookies or certain cookies. Your mobile device and/or browser also allows you to delete any previously stored cookies at any time. However, this may affect the functionality available on the App.
Phan Viet uses the Google Analytics Demographics and Interests feature. The data Phan Viet collects from this feature, such as the User’s age, gender, interests, and other information that can identify the User, will be used by Phan Viet to develop features, utilities, and/or content available on the Application. If the User does not want Google Analytics to track their data, the User can use the Browser Add-on that sends data to Google Analytics. Phan Viet may also use features provided by third parties to improve Phan Viet’s services and content, including evaluating, customizing, and presenting offers to each User based on their interests or browsing history. If the User does not want offers to be displayed based on customization, the User can set such offers through the browser.

3. Data collected from third parties

We may also collect Your Personal Data from third parties (including agents, suppliers, vendors, contractors, partners, government agencies and other parties who provide services to Us, collect Personal Data and/or perform tasks on Our behalf or with whom We engage). In such circumstances, We will only collect Your Personal Data for or in connection with the purposes relating to the third party or the purposes of Our engagement with the third party (as applicable). Specifically, when you register a card or payment account through the Application and/or access, add and/or connect your card or payment account to the Application (if available in your country), We may collect certain financial data and your financial records (including, without limitation, transaction records, details and location of your card or payment account and/or the status and country of your card or payment account) from the issuer of said payment credentials or from other third parties.

4. Third Party Data You Provide to Us

You may provide us with Personal Data relating to other third party individuals (including Personal Data relating to your spouse, family members, friends or other individuals). In those cases, you will of course need the consent of the other third party individual – see the “Consent and Consent” section above for more information.

USE OF PERSONAL DATA

How we use your personal data
We may use the Personal Data collected for the following purposes as well as for other purposes permitted by applicable Law (the “Purposes”):

1. If you are a User, We may use Your Personal Data:

  • To identify and register You as a User and create, verify, deactivate or manage Your account on Our Application or other GoTo Group applications;
  • To facilitate or enable any verification which in Our judgment is necessary before a Merchant provides its services or before We register You as a User, including carrying out KYC (Know Your Customer) procedures and/or credit scoring (if required);
  • To enable Phan Viet to provide services, both those already available, those you request and those that will be available in the future;
  • To process and facilitate orders and payment transactions that you make, including those made through payment cards, cryptocurrencies and/or e-wallets or accounts available on the Application, as applicable;
  • To notify You of transactions or activities occurring within the Application or other systems connected to our Application;
  • To facilitate account and/or e-wallet linking, if you enable account and/or e-wallet linking between your Phan Viet account and the account and/or e-wallet that you choose to link (as applicable);
  • To communicate with You and send You data relating to your use of the Application;
  • To notify You of any updates to the Application or changes to the services provided;
  • Handle, process, resolve and respond to complaints, issues, questions and suggestions received from you;
  • To maintain, develop, test, improve and personalise the Application to meet your needs and preferences as a User, including enabling features to personalise (personalise) your User account, such as Shopping Cart, Wish List and Favourite Stores;
  • To monitor and analyse user activity, behaviour and demographic data including habits and usage of various services available on the Application;
  • To process and manage your reward points;
  • To offer or provide services from our affiliates or partners;
  • And send you marketing, promotional information, vouchers, surveys, data and data about specific offers or promotions and when such events, promotions, features or launches take place.

2. If you are a Seller, we may use your Personal Data:

  • To identify and register You as a Seller and create, manage or verify Your account on our App or other GoTo Group apps;
  • To facilitate or enable any verifications in Our sole discretion before We can register You as a Seller, including KYC (Know Your Customer) and/or credit scoring (if required);
  • To enable You to provide services to Users;
  • To process, facilitate and complete payments to You in relation to the services You have provided;
  • To communicate with You and send You information in connection with the provision of Your services, including the delivery of Users’ orders to You and to facilitate Your acceptance of such orders;
  • To provide You with notifications and updates about the Application or changes in the way the service is provided;
  • To provide You with reports relating to the services you have provided;
  • To process, resolve and respond to suggestions, complaints or issues from Users regarding the services you have provided;
  • To maintain, develop, test, improve and personalise the Application to meet your needs and preferences as a Merchant;
  • To monitor and analyse User activities, behaviour and demographic data including Merchant habits and responsiveness
  • For various services available on the Application;
  • To process and manage your reward points;
  • To offer or provide services from our affiliates or partners;
  • To send you direct or targeted marketing communications, advertisements, promotions, surveys and special offers or promotions and when such events, promotions, features or launches take place.

3. Whether you are a User or a Seller or a provider of Personal Data to Us, We may also use Your Personal Data more generally for the following purposes (although under certain conditions, We will always act reasonably and not use Your Personal Data more than is necessary for this purpose):

  • To carry out relevant business processes and functions;
  • To monitor the use of the Application and manage, support and improve the performance, growth, user experience and functionality of the Application;
  • To provide support in relation to and resolve technical difficulties or operational issues with the Application or services;
  • To generate statistical and analytical data for the purposes of testing, research, analysis, product development, commercial partnerships and collaboration;
  • To prevent, detect and investigate any suspicious transactions or prohibited, illegal, unlawful or fraudulent activities;
  • To facilitate business asset transactions (which may be in the form of a merger, acquisition or asset sale) involving Us and/or Our affiliates;
  • To enable Us to comply with all obligations under Applicable Law, including but not limited to responding to regulatory inquiries, investigations or determinations, complying with filing, reporting and licensing requirements required by law or Applicable Law and conducting audits, due diligence and research; and
  • For other purposes as We notify You and where required by Applicable Law, We obtain Your consent.

Disclosure of Your Personal Data

We may disclose, provide access to, or share Your Personal Data with Our affiliates and other parties for the following purposes and other purposes permitted by Applicable Laws and Regulations:
  • If You are a User, to enable a Seller or partner to provide services or process orders, including contacting You;
  • If You are a Seller or partner, to enable Users to request or receive services from You, including contacting You and organizing special promotions, contests or services available on the Site, such as Phan Viet Add-ons or Direct Selling maintained by Phan Viet;
  • To respond to questions regarding regulations, requests, requests, research, decisions, reports, compliance with storage requirements and regulations, as defined in Applicable Laws and Regulations;
  • If instructed, requested, required or permitted by a competent government authority, for the purposes as mentioned in a government letter, policy, regulation or applicable Law;
  • If there is a legal process of any kind between You and Us, or between You and another party, in connection with or relating to the services, for the need of the legal process;
  • In connection with all verification processes that We or a third party requires before a Merchant provides services to You or We register You as a User, including KYC (Know Your Customer) and/or credit scoring processes;
  • Where Our services are available on any third party platform, (i) to enable Us to obtain Your Personal Data and/or (ii) to register You or enable You to use Our services on such third party platforms;
  • In an emergency situation involving your health or safety (whether you are a User or a Seller) that requires the emergency to be resolved;
  • In situations involving Your health or public interest (whether you are a Buyer or a Seller), We may share Your Personal Data with authorized government entities and/or other entities that may be designated by or in partnership with Us by a government with jurisdiction, for the purposes of contact tracing, supporting government initiatives, policies or programs, public health and other purposes as reasonably required;
  • In connection with a merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or part of Our business by or to another company, for the purpose of the transaction (even if the transaction does not continue);
  • In connection with the insurance claims process, We will share Your Personal Data for the purposes of processing insurance claims with insurance brokers and insurance companies that cooperate or collaborate with Us;
  • To third parties (including agents, suppliers, vendors, contractors, partners and other parties providing services to Us or You, performing tasks on Our behalf or with parties that do business with Us), for or in connection with the purposes for which such third parties are involved, to make disclosures to relevant third parties that are technically necessary to process Your transaction or for Our needs to cooperate with such third parties (as the case may be), which may include enabling such third parties to recommend or provide products or services to You, authenticate You or connect You to an account or carry out other activities including marketing, research, analysis and product development; And
  • With Our affiliates or other third parties who assist Us in providing the Application, operating Our business (including where You subscribe to a mailing list for direct marketing purposes) or for the purposes of processing data on Our behalf.
Where there is Personal Data that need not be associated with You, We will make reasonable efforts to de-associate the Personal Data with You as an individual before disclosing or sharing the data.
We will not sell or rent your Personal Data.
Other than as set out in this Privacy Notice, We may disclose and share your Personal Data by notifying You or asking for Your consent to such disclosure or sharing.

PROTECTING YOUR PERSONAL DATA

Data Security

The security of your Personal Data is extremely important to Us. We will use our best efforts to protect and secure your Personal Data from access, collection, use or disclosure by unauthorized persons and from unlawful processing, accidental loss, destruction and damage or similar risks. However, as data transmission via the internet is not completely secure, We cannot absolutely guarantee that Personal Data will not be intercepted, accessed, disclosed, altered or destroyed by unauthorized third parties due to factors beyond Our control. You are responsible for maintaining the confidentiality of your account details and must not share your account details, including your password and One Time Password (OTP), with anyone, and you must always take care and be responsible for the security of the device you use.

Data Storage

Your Personal Data will only be stored for the period necessary to fulfil the purpose for which it was collected, for the retention period or for as long as storage is required or permitted by Applicable Law. We will cease to store Personal Data or delete the purpose of associating Personal Data with you as an individual, as soon as it is deemed that the purpose for which the Personal Data was collected is no longer necessary by storing Personal Data, there will be a request to ask you to delete your account and the storage capacity is no longer necessary for business or legal purposes.
Phan Viet will delete and/or anonymize the User Personal Data under Phan Viet’s control when (i) the User Personal Data is no longer necessary to fulfill the purpose for which it was collected; (ii) the retention period has expired, and (iii) storage is no longer necessary for compliance purposes under applicable laws and regulations.
Please note that it is still possible that some of your Personal Data may be stored or controlled by other parties, including government organizations in a certain way. In the event that We share Your Personal Data with authorized government organizations and/or other organizations that may be designated by the competent government or cooperate with Us, You agree and acknowledge that the storage of Your Personal Data by the relevant organizations will be subject to their respective regulations. data storage policy – each agency.
Data transmitted through communications between Buyers and Sellers made outside of the use of the Application (such as through telephone calls, SMS, mobile messages or other means of communication and the collection of Your Personal Data by Our agents) may also be stored in a number of ways. We do not permit the Processing of Personal Data between Buyers and Sellers to take place outside of our Application. Therefore, Buyers and Sellers are solely responsible for the Processing of Personal Data.
To the extent permitted by Applicable Law, You indemnify Us against any and all claims, losses, liabilities, costs, damages and expenses (including but not limited to legal fees and disbursements of all compensation costs) arising directly or indirectly from any activities carried out outside of our Application.

Your Rights as a User

Your Legal Rights

You may have certain rights under Applicable Laws to request that We access, correct and/or delete Your Personal Data in Our possession and control.
We may refuse Your request to access, correct and/or delete, in whole or in part, Your Personal Data that We control or process if permitted or required by Applicable Law. This includes situations where the Personal Data may contain references to other people or where the request for access or a request for correction or deletion is for reasons that We consider to be irrelevant, frivolous, fictitious or are shown to be related to a breach of these terms and conditions or a breach of the law.
Subject to Applicable Laws, We reserve the right to charge an administrative fee for each access and/or correction request.

ADDITIONAL NOTES

Website and Other Services

The App and Marketing Materials (as defined below) may contain links to websites operated by third parties. All processing of personal data on the Website is solely managed by and is the responsibility of the third party. If you agree to access websites operated by such third parties, you are subject to the terms and conditions and privacy notices of such third party websites. We therefore recommend that you read the terms and conditions and privacy notices of such third party websites to learn how they collect and use your Personal Data.
When you use our App and enable fingerprint and/or facial recognition on your mobile device for authentication purposes, please note that we do not store biometric data. Unless you are notified otherwise, the data will be stored on your mobile device and may be stored by third parties, such as your mobile device manufacturer. You agree and acknowledge that You are solely responsible for any unauthorized access to or loss of biometric data stored on Your mobile device.
Advertisements on our Apps or Marketing Materials serve as links to the advertiser’s website and therefore any data they collect based on your clicking on that link will be collected and used by the relevant advertiser in accordance with that advertiser’s privacy policy.

Marketing and promotional materials

We and our partners (including suppliers, vendors, vendors and/or other third parties involved with us for commercial and/or non-commercial purposes) may send you marketing, advertising and promotional communications directly through push notifications, messages through the App, posts, chat platforms, social media and emails (“Marketing Materials”) if you have agreed to subscribe to our mailing list and/or consented to receive marketing and promotional materials from us. You may opt out of receiving such marketing communications at any time by clicking on the “unsubscribe” option in the relevant message, other methods available on the promotional media or by contacting us via the contact details listed below.
Please note that if you opt out of receiving Marketing Materials, We may still send you non-promotional messages, such as receipts or data about your account.

Updating the Privacy Notice

We may review and change this Privacy Notice from time to time at Our sole discretion to ensure that it is consistent with Our future developments and/or changes in applicable legal or regulatory requirements. If We decide to change this Privacy Notice, We will notify You of such changes through Our official channels. You agree that it is Your responsibility to review this Privacy Notice periodically for the latest information on Our data processing and data protection practices and that You continue to use Our Apps or websites, communicate with Us, or access and use the Services following any changes. anything to this Privacy Notice will be deemed your agreement to this Privacy Notice and any changes to this Privacy Notice.

CONTACT US

How to contact us

In case the User has any questions, comments, complaints or claims regarding this Privacy Notice or the User wishes to have access, request deletion, correction and/or other rights to his/her Personal Data, please contact Phan Viet customer service via web Phan Viet