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:
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.