Terms of Condition (For Client)

                                                                                                Effective Date: 1^st July 2023 Version no: 1.0

  PERSONAL DATA PROTECTION NOTICE

If you are reading this Personal Data Protection Notice (the “Notice”) on behalf of a corporate entity/business enterprise or an individual which maintains and/or maintained contractual relationship with HR1JOBS (as defined below), this Notice is intended to be addressed to, without limitation, such individual, the individual guarantor, obligor, corporate officers (e.g. authorized representatives/signatories/dealers and contact persons), directors, board members, member of board of director, employees, shareholders, beneficial owners or other personnel and related individuals of the corporate entity/business enterprise and partners, consultants, contractors of the corporate entity/business enterprise (the “Relevant Individuals”) and “you” shall be construed accordingly to mean the Relevant Individuals. Please assist to make available this Notice to the Relevant Individuals in your corporate entity/business enterprise or such Relevant Individual.

HR1Jobs (collectively referred to as "we", "our", "us", “HR1JOBS”) respect an individual's privacy and comply with all applicable laws of Vietnam on personal data protection (“Personal Data Protection Regulations”). This Notice sets out how we, as data controller and/or processor, will protect personal data.

1. Definition and interpretation

• “Personal Data Protection Regulations” means all the applicable data privacy laws and guidance, including Decree 13/2023/ND-CP dated 17 April 2023 on personal data protection (as amended from time to time) (“Decree 13”).
• “personal data” means any information in the forms of symbols, writing, digits, imagines, sounds or similar forms on an electronic environment associated with a specific person or helping to identify a natural person. Personal data includes basic personal data and sensitive personal data.
• “data subject” means the personal data of that subject “individual” or “you” is maintained at us.
• personal data protecting is one or more activities that affect personal data, such as: collection, recording, analysis, confirmation, storage, correction, disclosure, combination, access, retrieval, recover, encrypt, decrypt, copy, share, transmit, provide, transfer, delete, destroy personal data or other related actions.

2. Whose personal data this Notice applies to

The Notice describes our practices when processing personal data of any data subjects in the context of relationships with customers, candidates, suppliers, service providers, merchants, partners,  financial institutions, competent authorities,  governmental agencies, any third party in connection with our business or any products/services or relationship with customer (such as guarantors, securities providers, joint-account holders, co-partners, co-lenders, etc.) or any other third parties from whom HR1JOBS receives or to whom HR1JOBS provides any product or service and/or with whom HR1JOBS enters into, negotiates  or discuss for or in connection with any transaction or services and any of their personnel or authorized persons (collectively “Personal Data Provider(s)”).

3. Personal data we collect and protect

Depending on the purposes of personal data protecting as described below, your personal data that we need to protect may include, but not limited to, the following information, as the case may be:

• Contact information such as details of family name, middle name, first name, other names, current and former addresses of permanent resident, temporary residence, current residence, contact address, hometown, phone/telephone number, email address or any other information we use to communicate with Personal Data Provider(s);
• Identity information such as details of contact information (mentioned above),  employer, age, date and place of birth, place of birth registration, nationality, gender, photograph, information of identification card/ citizen identification card/ passport, personal identification number, driver’s license number, license plate number, personal tax identification number, social insurance number, health insurance card number, marital status, information on family relationships or involves in any adverse news, which may include data about criminal convictions, crimes, criminal acts, family relationship or any other related information. This may extend to historic information about individuals including past employment and qualifications, political view, religious view;
• Financial and banking information such as payments made and received, goods and services provided or purchased, account information, deposit information, asset information, transaction information, security transaction information;
• Transaction information or any information obtained through or for purpose of or in connection with any services and/or products and/or support received or provided or consulted by us from or to Personal Data Provider, such as any information in relation to the accounts of any Personal Data Provider(s) (such as signature, finger print, token, facial image or other biometrics);
• Personal photo, such as photographs or video taken at events, from the information captured or recorded on security systems (including the footage or image on the closed circuit television (CCTV) or any photo from any documents submitted to us or other public or third party’s sources;
• Website or application information that is captured in our web or application logs such as device information, unique identification numbers (such as an IP address or device ID), browser information (e.g. browser type, pages visited, date/time of access), accessed resources, communication data, location data, data created as the result of operation and action of the user on the digital platform. This may also include information captured by any cookies and information captured on users of the website.
• Communications information including communication by email, phone, telephone, fax, post, device, application, platform, system or other electronic communications in the course of communicating with Personal Data Provider and providing services to or receive from the Personal Data Provider and including recordings of phone/telephone calls;
• Account access information where we provide on-line account access, log-in and similar credentials, and information about use of such access, personal data reflecting the activities or history activities of such individual on cyberspace; and
• Relationship information that helps us to understand more about how to conduct business and working with Personal Data Provider, their business requirements, and  what types of products and services may be of interest to customers.

4. How and why we protect personal data

We might collect certain personal data in the ordinary course of business and for compliance with the applicable regulations through any communication means, applications, cyberspace, equipment, electronic media or any other forms. We also may collect and receive these orally, in writing or electronically directly from the Personal Data Provider(s) or directly or indirectly through the transactions with or effect by Personal Data Provider(s) or through our checking and verification processes such as due diligence checks, or from any other public or third party’s sources such as social media sites, public internet sites, the press, online publications, information service provider…

1. 1. Any Personal Data relating to Customers, Candidates, Employees, Partners, Suppliers... that HR1JOBS collects at any time is legally owned by HR1JOBS and/or collected by HR1JOBS lawful and approved by the Personal Data subject. Accordingly, you may only use Personal Data for the purposes of recruitment.
2. 2. One of the most important assets of HR1JOBS and/or its member companies (collectively, "HR1JOBS") is the trust and confidence in the proper management of information. Customers, candidates, employees, partners.. require HR1JOBS to keep their information accurately, avoid inappropriate use and errors, not to be stolen and not to disclose unauthorized licensed information. HR1JOBS protects the security of information about customers, candidates, employees, partners, suppliers... by complying with the Regulation (Confidentiality) of Personal Information, and all relevant legal documents in the host country, while ensuring staff compliance with strict standards of safety and confidentiality.
3. 3. While HR1JOBS has appropriate security measures in place to protect personal information and endeavors to take precautions to prevent and minimize possible risks when you use the website, applications, tools however the Internet is an open system and no online system is absolutely secure, any system is subject to human or operational failure. When you discover that any employee in your Company illegally modifying, using or disclosing or misappropriating Personal Data or by a third party logging into a website, application, tool or for any other purpose, please contact HR1JOBS immediately for processing assistance.

5. Marketing communications

We will keep our customers up-to-date with details of our services by email/ post, etc. using the personal data that individuals have supplied or which we have obtained about them. In any event, individuals can opt out of receiving marketing by notifying to us in accordance with the information specified herein.

Additionally, we will ensure that any outside companies assisting us in marketing our products and services, or with whom we have marketing agreements, are under contractual obligations to protect the confidentiality of personal data, and to use it only to provide the services we have asked them to perform.

6. Who involves the personal data protecting for aforesaid purpose

We may disclose your personal data to the extent necessary and legitimate for the purpose of disclosure, to the respective receivers as the case may be, including but not limited to, the following:

• To third parties who have introduced customers, suppliers or affiliates to us in order to process the data  for the purposes as set out in this Notice;

• To third parties providing services to us such as our professional advisers (e.g. auditors and lawyers);

• To competent authorities such as tax authorities, courts, regulators, enforcement agency and other government agencies, security or police authorities or any other authorities and their agent where required or requested by law or where we consider it necessary (to the extent permitted by law); and

• To any actual or potential assignee or transferee, subject to applicable law, in the event that HR1 is merged, sold, or in the event of a transfer of some or all of our assets or business (including in bankruptcy), or in the event of another corporate change, in connection with such transaction.

• If the recipients are overseas, personal data may be sent to another country including countries with weaker privacy and data protection laws than in Vietnam.

• We will not otherwise disclose to third parties unless we have your permission or we are under a legal or similar obligation.

7. Where we will hold and how we secure personal data

7.1 We may transfer, maintain, store or process the personal information of data subject covered by this Notice on servers or databases inside Vietnam.

7.2 We place great importance on ensuring the security of personal data entrusted to us. We regularly establish, review, implement and update reasonable and/or appropriate technical, physical and/or organizational security and precautionary measures and/or safeguards for processing of personal data, such as password-protected systems, multi-factor authentication, encrypted information and transmission, regular security scanning, anti-malware controls, cyber monitoring, incident response management, upgrading system to check, patching up and security hardening and mitigate any vulnerabilities to cyber-attacks, regular training of employees in confidentiality, data privacy, information security, risk management, including handling personal data in a secure manner, etc.. We are also a highly regulated entity subject not only to Data Protection Regulations, but also laws and regulations on confidentiality in recruitment sectors which requires us to have strict policies, procedures and technical in place for risk management. Please note, however, that despite of taking reasonable and adequate precautions, safeguards and/or security measures, communication system, platforms (including electronic ones, or those are in cyberspace) are not error free and may involve transmission via servers and/or systems that are not under the our control and email transmissions may not be secure and are subject to risks, therefore, each individual must be cautious on information security when transmitting information through internet or cyberspace.

8. Retention for protecting personal data

We might start to pro the personal data of data subject covered by this Notice once we receives those and retain for as long as required to perform the purposes for which the data was collected, depending on the legal basis on which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain the personal data. In general terms, this will mean that personal data will be kept for the duration of our relationship with or in connection with the data subject and:

• the period required by laws and regulations; and

• as long as it is necessary where we deems necessary and/or in accordance with our internal policies for individuals to be able to bring a claim against us and for us to be able to defend ourselves against any legal claims. This will generally be the length of the relationship plus the length of any statutory limitation period under applicable law.

• as long as reasonably and necessary in connection with our internal operation, policy, management, administration and maintenance requirements (including, but not limited to, technical, systems, security, record-keeping, risk management, audit, monitoring, security and/or surveillance measures and/or limitations.

• In certain circumstances, personal data may need to be retained for a longer period of time, for example, where we are in ongoing correspondence or there is a continuing claim or investigation.
• After the retention period, we may destroy, dispose, discard or take any proper action in regard to the personal data in any reasonable, practicable and proper manner as we understand to be permitted by laws. We will not be obliged to return or destroy the said personal data if not reasonably possible or practicable.

9. Data subject's rights in relation to the personal data

9.1  An individual may have certain rights in relation to their personal data which HR1JOBS processed about such individual, as provided under Data Protection Regulations. Those may include rights to access, correct the data or object to process, delete the data.

9.2 We recognize and uphold the right of the data subjects, however, your request for implementing such rights may be subject to applicable laws and regulations.

1.   that the request will not cause or threaten to cause: (1) us to breach our obligations under the laws and regulations or our obligations to other person or another person’s rights under applicable laws and regulations or otherwise; (2) a security breach or otherwise impact on our security; (3) information held by us to become false, inaccurate, unintelligible or misleading; (4) a failure or error in our system; or (5) a violation of our intellectual property rights, proprietary rights and/or privacy or confidentiality rights;

2.   Any action that shall be requested by data subject may be denied by us: (1) when the requests are recurring within a short time interval, (2) where granting such request could compromise the privacy of another person or unreasonably expose sensitive, confidential and/or proprietary information, (3) where there are any similar or analogous circumstances or where there are other reasonable circumstances justifying the denial and/or (4) pursuant to any of our agreements or our policies;

3. That we may take measures to redact or prevent the disclosure of trade, industrial and/or other business secrets, confidential and/or proprietary information and/or any other information the disclosure which could endanger or compromise our information systems, and/or any expose to harm the confidentiality, integrity, and/or availability of information (including, but not limited to, personal data) under our control or custody;

9.3 We take reasonable steps to ensure that personal data is accurate, complete and updated, however, you have shared responsibility with regard to the accuracy of your personal data and should timely update with us of any change to the data.

9.4 As we have no control over your request, your request may increase our risk and/or may impact on our business, operation and/or dealings with you and others, you may be required to hold us free and harmless and indemnify us for any claim, losses, expenses or liabilities we may incur in connection with your request.

10.  Accurate about content information

Our website and/or content posted may contain links to third party websites or Relevant Individuals content. We are not responsible for the content, accuracy or opinions expressed on such websites.

     11. Changes to this Notice

This Notice may be updated from time to time and the updated version will be posted on website at https://hr1jobs.com/vi/employer/privacy-policy-client.html or sent to you. You are advised to visit our website regularly to check for any amendments.

     12. How to Contact Us

If you have any questions, request or concerns in regard to this Notice or our data processing practices, you can contact us at the relevant address below or the personal in charge who is currently supporting on the transactions relevant to you.