SUNTECO PRIVACY TERMS
PRIVACY TERMS OF SERVICE
PLEASE READ THESE PRIVACY TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES OF SUNTECO, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY AND CONSCIOUSLY: (I) HAVE READ ALL OF THESE TERMS; AND (II)UNDERSTAND ALL OF THESE TERMS; AND (III)AGREE AND ARE ABLE TO COMPLY WITH ALL OF THESE TERMS.
ARTICLE 1: GENERAL
1.1 These Privacy Terms of Service (“PTOS”) include terms, conditions and rules of privacy apply for Customers, Agencies (hereinafter referred to as “Customer” or You) who using Services are provided by SUNTECO Joint Stock Company (“SUNTECO”).
1.2 Customer must agree with all Terms and Conditions of these TOS to use SUNTECO’s Services. If you disagree with any term of these TOS you must immediately terminate using SUNTECO’s Service(s) and delete, uninstall your application(s), data on SUNTECO’s system. In case of an organization then you must ensure that your representative has the right authorities in accordance with the law to accept these TOS.
1.3 If there is any conflict between these TOS and specific Contract(s) or any Document which was signed by SUNTECO and Customer then Specific Contract(s) or Document mentioned above shall be prior.
1.4 SUNTECO reserves the right to amend, add any part and/ or the whole content of these TOS at any time without prior notice or approval from the Customer. Content and Effect of amendments and additions will be notified on SUNTECO’s website and/ or via registered email of the Customer. You agree and understand that by keep using the Services after the effective date of the amendment/ addition will be deemed to be your agreement with the new Terms of Service. In case of disagreement with any term of the new Terms of Service, you must follow the instruction at 1.2.
1.5 All Service names, slogans, images, logos and information of the Services are owned by SUNTECO. Customer does NOT allow to use, nor allowed to use as misleading as references or certification or recommendation by SUNTECO.
ARTICLE 2: THE POLICY OF CUSTOMER’S INFORMATION
2.1 In accordance with the law and in order to support Customer on issues that related to the account, the Services, when creating a new account, Customer needs to provide the following information to SUNTECO (if requested):
(a) In case Customer is an individual: (i) Full name; (ii) Nationality; (iii) Date of Birth; (iv) Identity card/ passport number, date and place of issue; (v) Registered permanent residence address; (vi) Contact address; (vii) Email; (viii) Phone number.
(b) In case Customer is a representative of an organization: (i) Name of the Organization; (ii) Identification and tax number of the Organization; (iii)Address of registered office; (iv) Contact address; (v) Legal representative’s name and title; (vii) Admin email; (viii) Name of the account admin; (ix) Phone number of the Admin; (x) Authorization letter or administrative assignment.
2.2 In order to ensure the legitimate rights and interests of the Customer, the Customer needs to provide the information listed in this Article and other information at the request of SUNTECO accurately and truthfully to SUNTECO; In case the information provided by the Customer is inadequate and/ or not accurate and truthful, SUNTECO has the right to refuse to receive or settle any complaint of the Customer and/ or refuse to provide the Service to the Customer, even if the Customer has paid in advance to SUNTECO; In this case, the Service fee paid in advance will NOT be refunded.
2.3 In case of information provided to SUNTECO changed, Customer must immediately notify SUNTECO, SUNTECO will NOT be liable in the event that your interests are lost due to the incorrect information in this situation.
2.4 While Customer uses the Service, SUNTECO may collect the Customer’s feedback, information of Customer’s usage of the Service which is not: (i) The Customer’s Data; or (ii) Customer’s confidential information in order to improve the Service’s quality or research and develop Services of SUNTECO.
ARTICLE 3: POLICY OF CUSTOMER’S PRIVACY
3.1 SUNTECO commits NOT to sell, rent or share Customer’s information with any party; except for cases where it is required by the Law, the Court and/ or an Authorized Government’s agency.
3.2 SUNTECO commits to apply necessary technical, security, privacy measures in accordance with the Law, our statements and SLA to protect the Customer’s personal information.
3.3 SUNTECO shall use Customer’s information which SUNTECO collected to send to Customer: (i) information of promotion programs, important events of SUNTECO (marketing email, advertising email); (ii) notification of maintenance, upgrading of SUNTECO’s system or servers in order to improve the Service’s quality and support the Customer; (iii) Notification of the Service’s fee, remaining service capacity; (iv) Information in order to exchange, answer questions or complaints of Customers while using SUNTECO’s Service. The Customer hereby agrees to allow SUNTECO to have the right to use the Customer’s name, trademark, image to introduce as SUNTECO’s partners in SUNTECO’s activities of promoting SUNTECO’s services.
3.4 All of the Customer’s information shall be archived as SUNTECO’s database at SUNTECO from the time Customer provides them until at least two years after Customer terminates all SUNTECO’s Service and fulfil all Customer’s obligations toward SUNTECO.
ARTICLE 4: POLICY OF CUSTOMER’S DATA
Customer hereby agrees that SUNTECO is only a Service Provider of technical background, all information, data (hereinafter referred to as “Data”) are inserted, transmitted, distributed by Customer (through Customer’s account). Therefore, Customer hereby commits and ensures that:
4.1 Customer is the legitimate owner or/ and legitimately licensed with all of the Data inserted, transmitted through using SUNTECO’s service.
4.2 All of the Data inserted, transmitted through the system or Service of SUNTECO will (i) NOT contain illegal contents or conflict with Vietnamese traditions; (ii) NOT violate any license or intellectual right of any third party; (iii) NOT contain computer virus, worm and/ or software, application that could harm other users, and/ or create backdoors against the will of the user.
4.3 In the case of CND Service, Customer hereby agrees to authorize SUNTECO to transmit, back up the Data of Customer during the time using the Service without revocable or limitation of geographic.
4.4 In case SUNTECO discovers or receives any complaint, warning, request from any third party that related to the using, distributing of Data that violates this Term of Service then SUNTECO will send all these complaints, warnings, requests to Customer. The Customer must commit to taking in and solving these complaints in a reasonable time and performs all of the suitable measures to ensure SUNTECO will NOT have any related obligation. In case Customer does NOT take in or take in without solving or SUNTECO has suitable reason(s) to believe the violation of the Customer is serious, the SUNTECO will have the right to unilaterally suspend providing the Service to Customer without any notice until all of the complaint are settled. Unless the Customer requires to terminate the Service ahead of time and complies with all of the rules of suspension of SUNTECO, Customer is still obliged to pay all costs related to the Service during the Service’s suspension time due to these complaints mentioned above.
4.5 SUNTECO commits and ensures that all Data of Customer will be secured and protected in accordance with SUNTECO’s general standard that has been announced. SUNTECO will NOT provide or disclose Customer’s Data to any third Party, except in accordance with the law or the request(s) of the Court/ the authorized State agency; in this case, SUNTECO will notify to Customer in a reasonable time ahead since the notice is received (only when SUNTECO is allowed to)
4.6 Customer understands and agrees that in all cases, SUNTECO’s Service are backed up for the purpose of restoring after technical problems or infrastructure, equipment issues… and NOT for the purpose of providing copies to Customer, Therefore, Customer is responsible for backing up your Data on SUNTECO’s server periodically. SUNTECO is NOT responsible for the loss, damage or error related to Customer’s Data, unless Customer uses SUNTECO’s backup Services.
4.7 In order to ensure the best security for Customer’s Data, depend on the product/ Service that Customer chooses to use, Customer needs to cooperate and perform tasks and responsibilities in accordance with SUNTECO’s regulations which will be updated, amended from time to time.
ARTICLE 5: INFORMATION SERCURITY
5.1 Within the scope of these TOS, “Confidential Information” means information, documents and data formed from the process of negotiation, signing and implements these TOS, which include but not limited to information provided by one party to the other party in form of written documents, electronic data messages or any other form in accordance with the provisions of the law and the agreements of the two Parties.
5.2 The Party receives Confidential Information (Receiving party) shall NOT use Confidential Information disclosed by the other Party (Disclosed Party) for any purpose which is not included in these TOS unless both Party agrees to disclose Confidential Information to employees and contractors who need to know the Confidential Information for the purposes of implementing these TOS; Recipients hereby also have the same obligation to secure the Confidential Information as the Receiving Party. The Receiving Party commits to secure Confidential Information as it were the Receiving Party’s own Confidential Information with its best effort.
5.3 Exceptions: Confidential Information shall NOT include any information which: (a) was known officially by the Receiving Party at the time of disclosure; (b) Disclosed to the Receiving Party by a third party who authorized to disclosed Confidential Information and not bound by any obligation or limitation of securing Confidential Information; (c) was known to the public at the time of disclosure but not due to Receiving Party’s fault; (d) was developed independently by Receiving Party without access or use Confidential Information. In addition, the Receiving Party shall be allowed to disclose Confidential Information in order to expand and cooperate between both Party, but the disclosure must be agreed by Disclosed Party in a written document. The Receiving Party shall also allow disclosing Confidential Information to the Tax consultant, Legal consultant or at the request of the Court, the Authorized State agency.
5.4 At the time these TOS terminated for any reason, the Receiving Party musts return to Disclosed Party or destroy in accordance with the Disclosed Party’s request all of the original or copy documents which were provided to Receiving Party in any form of storage or appearance, including but not limited to: computer codes, disc, blueprint, technical details, manual or printed document and document created from the original document.
5.5 Within 30 days after the termination of these TOS, the Receiving Party shall transfer to the disclosed Party all Confidential Information belong to Disclosed Party, which has been transferred to the Receiving Party due to these TOS.
5.6 These TOS shall remain its effect within 24 months from the date of termination of these TOS.
ARTICLE 6: RESOLVING DATA WHEN TERMINATE THE SERVICE
6.1Customer is responsible to backup, uninstall, delete all Customer’s Data on the system, Service of SUNTECO after terminate the Service for any reason.