Collaboration Betters The World Positive Thinking Company

DATA PROCESSING NOTICE AND CONSENT FORM

Introduction: This document outlines the collection and processing of personal data by Positive Thinking Company Limited – Unique EID: 0302757117 (hereinafter referred to as the “Company”) for purposes as set forth herein. Additionally, this form also serves as the Company's formal notice to you regarding the processing of your personal data as required under applicable data protection laws. Your privacy is important to the Company, and the Company is committed to safeguarding your personal information in accordance with applicable data protection laws.

For the purpose of this consent form:

  • “Group” shall mean the Company, its subsidiaries, affiliates, and any other related entities.
  • “Affiliate” shall mean any entity which directly or indirectly, controls or is controlled by, or is under common control with the Company; “Controlling” shall mean holding or being beneficially entitled to, other than by way of security interest only, more than 50% of the voting rights to the election of the directors of the Company.
  • “Process” shall mean one or multiple activities that impact personal data, including collection, recording, analysis, confirmation, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction or other relevant activities.

1. Consent: By registering for the Best Developers In Vietnam 2023 ("BDV 2023"), you grant the Company the explicit consent to collect, process, and store your Personal Data as described herein. You have the rights and obligations as a Data Subject as informed by Sections 5 and 6 and in accordance with the applicable laws.

2. Purposes of Data Collection: You hereby consent for the Company to collect and process your Personal Data (as defined in Section 3 below) for the following purposes:

  • a. Recruitment:


    • - To assess your suitability for current or future job openings.
    • - To process your application to join the Company/Group or to reach out to you as a prospective candidate.
    • - To communicate with you throughout the recruitment process.
    • - To conduct background checks and assessments related to the recruitment process.
  • b. Communication:


    • - To send you marketing emails/updates/newsletters related to job opportunities, industry insights, expertise, or news and events of the Company/Group.
  • c. Other:


    • - To respond to your requests regarding your rights as a Data Subject;
    • - To make disclosures of your information/to act as permitted or required by applicable law, such as disclosures in connection with investigations, to enforce the Company/Group rights or fulfil contractual or statutory obligations or compliance;
    • - To conduct market research, survey, and data analysis.

The Company will collect and process your Personal Data in compliance with the applicable laws using paper, electronic and/or electronic means, using methods related to the Purposes and in all cases guaranteeing security and confidentiality in accordance with the Company’s policies and applicable laws.

3. Types of Data Collected: You hereby consent for the Company to collect various types of personal data, whether provided now or later. This may include, but is not limited to:

  • - Basic information:


    • Your name, date and place of birth, gender, marital status, nationality, identity card number, identity information, passport information, visa status, work permit, photographs, video images and other demographic information.
    • Contact information (phone number, email address, telecommunication app ID, postal address, permanent address).
    • Education, qualifications, skills, work experience, employment history and professional memberships;
    • Recruitment information (including information included in a CV or cover letter or as part of the application process, such as current or expected salary, bonuses, allowances, pension, unemployment allowance status, compulsory insurance contribution status, annual leave, benefits information, location of employment or workplace and other financial information);
    • Marketing preferences: Your consent for receiving marketing emails related to job opportunities and expertise.
  • - Other personal data necessary for the purposes specified in Section 2 above.
  • - Any other information that you may voluntarily provide or that the Company may request from you in relation to your employment.
4. Data Processing and Disclosure: Your Personal Data will be processed and stored securely by the Company and disclosed, shared, transferred to the Authorized Parties, solely for the purposes outlined above. The Company upholds a commitment to the protection of collected Personal Data and will not engage in sale or sharing with third parties for any commercial endeavors.

The Authorized Parties include:

  • - Internal parties: including the Company’s People and Culture managers and other relevant managers.
  • - External parties: including:


    • Service providers who provide IT and system administration services, data maintenance services, fraud prevention agencies, training, background checks, human resources, marketing agencies and other services in relation to the Purposes;
    • Professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy, financial, banking, payment intermediary services, legal, insurance and accounting services, or other services in relation to the Purposes;
    • Competent authorities based in Vietnam and/or outside of Vietnam.
5. Your rights as a data subject: You, as a data subject, may exercise, among other rights as provided by law, the following rights in relation to your Personal Data pursuant to the manual, policies and internal rules as we may designate from time to time in accordance with the laws:

(a) Right to know of data processing: You have the right to know about our Processing of your Personal Data, unless otherwise provided by law.

(b) Right to consent to data processing: You have the right to give or not to give consent to the Processing of your Personal Data, except in certain circumstances set forth by law.

(c) Right to access data: You have the right to access your Personal Data in order to look at, rectify or request rectification of your personal data, unless otherwise provided for by law.

(d) Right to withdraw consent: You have the right to withdraw your consent, unless otherwise provided for by law.

  • - In the event that you withdraw your consent, we may not be able to communicate with you if the information with which your consent is withdrawn has a direct impact on the Company’s activities related to the Purposes. The withdrawal of consent shall not affect the lawfulness of the processing to which consent was given before it is withdrawn.
  • - The withdrawal of consent shall be expressed in a format that can be printed and reproduced in writing, including in electronic or verifiable format.
  • - When obtaining a request for withdrawal of consent from you, we shall notify you of potential consequences and damage if you withdraw your consent.

(e) Right to erase


  • - Unless otherwise provided for by law, you have the right to erase or request for the erasure of your Personal Data. However, this shall not apply if, to the extent permitted by law, such Personal Data is required to be retained or otherwise processed to fulfill our obligations at law.
  • - In certain events of your erasure of Personal Data, we may not be able to communicate with you if the information with which your consent is withdrawn has a direct impact on the Company’s activities related to the Purposes.

(f) Right to restrict data processing


  • - You have the right to request restrictions on the Processing of your Personal Data, unless otherwise provided for by law. Your request shall be implemented within 72 hours after receiving the valid request, unless otherwise provided for by law.
  • - In certain events of your restriction of data processing, we may not be able to communicate with you if the information with which your consent is withdrawn has a direct impact on the Company’s activities related to the Purposes.
(g) Right to request the provision of data: You have the right to request us to provide you with your personal data which is provided to us during the course of the services/works we operate, unless otherwise provided by law.

(h) Right to object to data Processing: You have the right to object us to processing your personal data (i) to prevent or limit the disclosure of personal data or (ii) for advertising and marketing purposes, unless otherwise provided for by law. We shall comply with your request within 72 hours after receiving the valid request, unless otherwise provided for by law.

(i) Right to complain, denounce and initiate lawsuits and claim damages: In the event that we violate applicable laws relating to personal data protection, you have the right to file complaints, denunciations and lawsuits as prescribed by law.

(j) Right to claim compensation: You have the right to claim damages in accordance with the procedures and regulations as prescribed by law if there are grounds that our violation affects your legitimate interests.

(k) Partial or conditional consent: You have the right to give partial or conditional consent by sending a notice to the Company’s Data Privacy Officer in accordance with Section 8 of this form.

(l) Right to self-defense: You have the right to self-protection in accordance with the Civil Code and other relevant laws.
6. Your obligations as a data subject:You, as a data subject, have the following obligations in relation to your Personal Data, among other obligations as provided by law:

(a) to protect your own Personal Data; to request relevant organizations and individuals to protect your Personal Data;

(b) to promptly report any data breaches or suspected data breaches to the relevant authorities and/or to the Company in accordance with the applicable laws;

(c) to adhere to any other obligations as prescribed by the applicable laws.
7. Data processing duration and data retention: Your Personal Data processing shall commence from the moment the Company obtains your Personal Data in the manner as described in this form.

Your Personal Data will be retained only for the duration necessary to fulfill the purposes for which it was collected, and/or as required by the Company’s policies, applicable laws and regulations. In many instances, Personal Data may be held for 10 years (or longer if required by the Company’s applicable policies or by law) in accordance with the Company’s obligations under accounting and other applicable policies/regulations.

The Company will cease the Personal Data processing at the end of the retention period as described above or in other cases under the laws.
8. Mechanism of communication and claim: In case of having any query, inquiry, response, or claims in relation to your Personal Data, you may contact the Company at: For any inquiries or requests regarding your personal data, please contact our Data Privacy Officer at Vu LE NGUYEN KHAC - vu.lenguyenkhac@cbtw.tech.
9. Security Measures: The Company implements appropriate technical and organizational measures to protect your personal data from unauthorized access, loss, or alteration.

However, despite our safeguards and efforts to secure Personal Data, please be aware that no data security measures can guarantee 100% security. There may be an incident that affects the function and security of the Company system and interrupts our ability to maintain our work with the applicable standards. Nonetheless, we strive to protect your Personal Data and will carry out necessary responses in such circumstances in accordance with the law.
10. Signature: By submitting your registration for and/or participating in the Best Developers In Vietnam 2023 ("BDV 2023"), you acknowledge that you have read and fully understood the contents of this form and voluntarily provide your consent for the collection and processing of your Personal Data as outlined above.