SGH Asia Personal Data Protection For Candidates

A. GENERAL INTRODUCTION

SGH ASIA Company Limited with the following information:

  • Address: 21/4 Nguyễn Thị Huỳnh, Ward 8, Phú Nhuận District, Ho Chi Minh City, Vietnam
  • Business Registration Certificate: Number: 0309544679
  • First registered on September 18, 2009, as amended and supplemented from time to time
  • Issuing authority: Ho Chi Minh City Department of Planning and Investment
    (Hereinafter referred to as “SGH ASIA,” “we,” “our“)

We are fully aware of the importance of the personal data that data subjects have entrusted to SGH ASIA. Therefore, SGH ASIA always emphasizes the protection of personal data when collecting and processing Personal Data (as defined below).

The following regulation on personal data protection (“Regulation“) aims to inform data subjects about their rights, how SGH ASIA processes Personal Data, and the reasons for the need to collect Personal Data to comply with legal requirements and/or contractual provisions.

SGH ASIA uses the term “you” to refer to candidates applying for positions at SGH ASIA in the following ways: (i) Submitting job applications to SGH ASIA via email, through express delivery, or in person at SGH ASIA within the territory of Vietnam; or (ii) Through applications, online job search platforms; or (iii) Through recruitment service providers upon request.

In cases (ii) and (iii) above, the collection and processing of Personal Data will be conducted by the service provider, the application provider, online job search platforms, and will be governed by the policies, regulations, and guidance of these service providers.

When referring to “Personal Data,” “personal data” means information in the form of symbols, writing, numbers, images, sounds, or similar forms in an electronic environment directly related to you or helping to specifically identify who you are. Personal Data may include identity cards, citizen identification cards, passports, names, dates of birth, gender, addresses, email addresses, educational qualifications, nationality, phone numbers, marital status, work experience, access history, job searches, applications, and any other information related to job profiles (CV) or any information specified by law at any given time. If you include referees/contact persons/advisors in your profile, SGH ASIA will require the names, phone numbers, email addresses, job positions, and other specific information of these individuals. This information will be attached to your job application, and SGH ASIA may contact the referees to obtain reference information for your job application.

We handle your personal data for legitimate purposes, complying with legal requirements or other purposes as outlined in this Regulation.

Please note that IN CASE YOU ARE UNABLE TO PROVIDE NECESSARY PERSONAL DATA REQUIRED FOR SGH ASIA TO PERFORM PROCEDURES MANDATED BY LAW OR INTERNAL REGULATIONS OF THE COMPANY, OF THE SGH GROUP; REGRETTABLY, SGH ASIA WILL BE UNABLE TO CONTINUE TO ACCOMPANY YOU.

B. INFORMATION SECURITY REGULATIONS

 1.WHAT PERSONAL DATA WILL SGH ASIA COLLECT FROM YOU?

When you (1) access or contact through the website sgh.asia/sgh-asia.vn or social media platforms managed by SGH Asia, including but not limited to Facebook, Instagram, Zalo (“Platform”), or other official contact/information channels of SGH Asia; (2) participate in job fair programs involving SGH Asia; (3) provide Personal Data while using job search services on online platforms or applications; (4) provide Personal Data to recruitment service providers; (5) submit any forms, including registration forms or other SGH Asia-related forms online or in other formats; (6) sign any agreements or provide other documents or information related to your interaction with SGH Asia; (7) use electronic services provided by SGH Asia. In this case, this includes through cookies that SGH Asia may deploy when you interact with the Platforms of SGH Asia; (8) grant access on your device to share information with the Platform; (9) link your account on any job search application/platform to your social media account or other external accounts, or use other social media features, in accordance with the policies of the service provider; (10) provide feedback or complaints; (11) send your personal data to SGH Asia for any reason; (12) perform other activities on the Platform; (13) provide Personal Data to SGH Asia through other forms, depending on the specific time. SGH Asia will collect and process Personal Data including: (i) Full name; date of birth; phone number; email; ID number, personal identification number, passport number, driver’s license number, vehicle registration number, personal tax identification number, social insurance number, health insurance card number; Information about educational and work history; your voice through recorded calls (if applicable); information about your income (if applicable); information about your ethnicity, religion. (ii) Marital status; (iii) Information about family relationships (father, mother, spouse, children, including foster parents and foster children); (iv) Health status and private life details in medical records, health examination certificates; (v) Criminal data, criminal behaviors collected and stored by law enforcement agencies through the judicial record; (vi) Gender; (vii) Nationality; (viii) Permanent and temporary address; (ix) Bank account; (x) Information sent by or related to the device used to access the Platform; (xi) Network information, including your contact list when agreeing to share it on your device, and the people and accounts you interact with; (xii) Images or sounds or videos; (xiii) Communication or contact data, for example, the options to receive advertising information from us or third parties, communication media options, and the communication information history with us, our service providers, and other third parties; (xiv) Location data; (xv) Aggregate data on the content used by users. Some of the personal data that SGH Asia collects and processes may be basic or sensitive personal data according to legal regulations or natural characteristics. For sensitive personal data, SGH Asia will process it according to the sensitive personal data processing procedure. If you log in to become a user on the Platforms of SGH Asia by using your social media account (“Social Media Account”), link your account to your Social Media Account, SGH Asia has the right to access information about you that you have voluntarily provided to your Social Media Account service provider, and SGH Asia will manage, process, and use this personal data according to the provisions of this Regulation at all times.

2. WILL SGH ASIA COLLECT OTHER DATA FROM YOU OR NOT?

Similar to most other websites, your device sends information that may include data about you, recorded by a web server when you use the Platform. This information typically includes but is not limited to IP address, computer/mobile device operating system, browser type, mobile device type, mobile device characteristics, Unique Device Identifier (UDID), or Mobile Equipment Identifier (MEID) of your mobile device, referring web address (if any), the pages you accessed on the SGH Asia website or mobile application, and the access time and sometimes “cookies” (which can be disabled using your browser settings) to help the website remember your last visit. If you log in, this information is associated with your personal account. This information is also used for anonymous statistical analysis to help SGH Asia understand how visitors use our Platforms.

3. COOKIES

The Platform uses cookies to distinguish you from other users. This helps SGH Asia provide you with a good experience while using the website and allows SGH Asia to improve its website. This information is also used to transmit content that matches your preferences, to allow partner advertisers to provide advertising services on pages through the internet, and to perform data analysis and/or track usage. A cookie is a small file of letters and numbers that SGH Asia stores on your browser or computer hard drive. Cookies contain information stored on your computer hard drive. You have the ability to accept or decline cookies by modifying the settings in your browser. If you want to do this, please refer to the help section in your browser.

By continuing to use the Platform, you agree that SGH Asia collects and uses the appropriate types of cookies for the purposes stated above.

4. WHY DOES SGH ASIA NEED TO COLLECT YOUR PERSONAL DATA?

Your application for positions at SGH Asia may involve the collection, use, and disclosure of your personal data for the purposes of verifying your identity, facilitating the recruitment process, and executing job offer letters, contracts, non-disclosure and non-compete agreements, and related appendices.

The specific purposes for which SGH Asia may/will collect, use, disclose, or process your personal data will depend on the circumstances, and these purposes might not be exhaustive as mentioned above. However, SGH Asia will inform you of other purposes at the time of obtaining your consent unless the data processing is permitted without your consent under legal regulations.

5. PROTECTION AND STORAGE OF PERSONAL DATA

The personal data retained by SGH Asia will be secured through reasonable measures. However, ABSOLUTE SECURITY CAN’T BE GUARANTEED.

Within the legal bounds, SGH Asia may retain your personal data for the necessary period to properly and sufficiently fulfill the specific purposes of personal data processing as outlined in the Privacy Information Policy.

SGH Asia might need to retain your personal data for longer based on practical needs such as: (i) any actual threats or claims asserted against SGH Asia, (ii) internal fraud investigations, (iii) internal corruption investigations, (iv) detecting, preventing, investigating, and prosecuting violations of SGH Asia’s internal policies, regulations, and/or Vietnamese laws, (v) legally effective requests as per current laws like Tax laws, Anti-Money Laundering laws, or (vi) for resolving disputes or legal issues. DESPITE OTHER REGULATIONS, IT’S IMPORTANT TO NOTE THAT YOU CANNOT WITHDRAW CONSENT, OBJECT TO PROCESSING, LIMIT PROCESSING, OR REQUEST SGH ASIA TO DELETE YOUR PERSONAL DATA IF THAT PERSONAL DATA IS STILL BEING USED FOR PURPOSES STATED IN THIS SECTION.

SGH Asia will delete or erase identifying information from your personal data upon receiving a suitable request that aligns with legal regulations or when SGH Asia has a reasonable cause to determine that: (i) the storage of that personal data no longer serves the purpose of collecting that personal data, (ii) the retention is no longer necessary for any legitimate or business purposes, and (iii) there are no other legitimate benefits to continue retaining this personal data. If you are no longer working or studying at SGH Asia, SGH Asia might continue to store, use, and/or disclose your personal data in compliance with this Regulation and the law. Depending on legal regulations, SGH Asia might safely destroy your personal data without prior notification. YOU SHOULD ALSO NOTE THAT SGH ASIA RETAINS THE RIGHT TO REFUSE DELETION, OBJECTION TO PROCESSING, LIMIT PROCESSING, OR DELETE PERSONAL DATA IN CASE YOUR REQUEST DOESN’T COMPLY WITH LEGAL REGULATIONS, OR EVEN IF IT COMPLIES, IT FALLS UNDER THE CASES THAT SGH ASIA IS NOT REQUIRED TO DELETE UNDER LEGAL REGULATIONS.

6. PROCESSING SENSITIVE PERSONAL DATA

SGH Asia understands that sensitive personal data is inherently tied to your privacy rights, and when infringed upon, it directly affects your legal interests. Therefore, SGH Asia won’t proceed to collect or process your sensitive personal data without your consent.

The collection and processing of your sensitive personal data will be carried out separately and on a case-by-case basis when necessary. However, for the purpose of information compilation, SGH Asia will collect information about ethnicity and religion but solely for statistical purposes.

7. YOUR RIGHTS AND OBLIGATIONS

7.1. Your Rights:

  1. a) Right to know: To be informed of the Processing of Your Personal Data, unless legal provisions state otherwise.
  2. b) Right to consent: The right to consent or not consent to the Processing of Your Personal Data, unless legally stipulated otherwise.
  3. c) Right to withdraw consent: The right to withdraw your consent, unless legal provisions state otherwise.
  4. d) Right to access: You may request access and/or correction of your personal data held or controlled by SGH Asia by submitting a written request. SGH Asia requires sufficient information from you to verify your identity and the nature of your request. Please send your written request via email to [Innovate@sgh.asia]. SGH Asia reserves the right to refuse to edit your personal data according to legal regulations related to the protection of personal information if required and/or allowed by such laws.
  5. e) Right to erase data: You have the right to delete or request the deletion of your Personal Data unless legally stipulated otherwise.
  6. f) Right to limit data processing: You have the right to request the limitation of the Processing of Your Personal Data, unless legally stipulated otherwise.
  7. g) Right to provide data: You have the right to provide your own Personal Data unless legally stipulated otherwise. Please submit a request to SGH Asia at [Innovate@sgh.asia].
  8. h) Right to object to data processing: You have the right to object to the Processing of Your Personal Data unless legally stipulated otherwise.
  9. i) Right to complain, denounce, sue: You have the right to complain, denounce, or sue as per legal provisions.
  10. j) Right to demand compensation for damages: You have the right to demand compensation for damages according to legal provisions if there is a violation of regulations on protecting Your Personal Data unless agreed otherwise by the parties or unless legal provisions state otherwise.
  11. k) Right to self-defense: You have the right to self-defense according to relevant legal regulations or request competent authorities or organizations to carry out civil rights protection measures as per relevant legal regulations.

7.2. Your Obligations:

  1. a) Protect Your Personal Data; request related organizations and individuals to protect Your Personal Data.
  2. b) Respect and protect others’ Personal Data.
  3. c) Provide complete, accurate Personal Data when agreeing to Personal Data Processing.
  4. d) Engage in promoting, disseminating personal data protection skills.
  5. e) Comply with legal provisions related to personal data protection and participate in preventing and combating violations of personal data protection regulations.

8. Withdrawal of Consent, Limitation of Processing, and Objection to Personal Data Processing:

You can withdraw your consent, request processing limitations, or object to the collection, processing, use, and/or disclosure of your personal data that we currently store or control by emailing SGH Asia at [Innovate@sgh.asia]. We will handle these requests according to this Regulation and relevant legal provisions. However, withdrawing your consent, requesting processing limitations, or objecting to the processing of your personal data may mean that SGH Asia can no longer accompany you.

9. Transfer of Information Abroad:

Your personal information and/or data might be transferred abroad, stored, or processed outside your country for one or more purposes. SGH Asia will only transfer your personal data abroad if it complies with the legal provisions for personal data protection.

10. Who Your Personal Data Can Be Shared With:

SGH Asia won’t disclose your personal information to third parties, as well as personalized and combined demographic information or data regarding your platform usage (like areas visited or services accessed), except in cases such as those listed:

(i) With your consent.

(ii) To companies and individuals we employ to perform corporate functions on our behalf. For instance, maintaining web servers, data analysis, providing HR management system support, processing credit cards or other payment forms, and other payment services. They access your personal information only as necessary to perform their functions and don’t share this information with any other third party.

(iii) If legally required or in response to a governmental agency if deemed necessary for legal compliance or due process, safeguarding SGH Asia’s or its partners’ rights or property, crime prevention, national security protection, or personal safety protection.

(iv) In situations where SGH Asia is part of a business restructuring, bankruptcy filing, voluntary or involuntary, the information may be sold, permitted, or disclosed through another method during the transfer accepted by the bankruptcy court.

(v) SGH Asia might share de-identified information about visitors to one of its platforms (e.g., the number of visitors to the ‘Job Search’ section) with customers, partners, and third parties for understanding website traffic and usage.

11. Consequences, Unintended Harms

As stated in this Regulation, you have rights by law and can request us to perform certain actions while processing your personal data. At this time, SGH Asia might require a reasonable period (depending on the complexity and impact of your requests on our relationship) to handle your request and/or to inform you about the potential unforeseen consequences that might occur if your request is executed. SGH Asia would like you to note that:

    • Based on the nature and scope of your request, we might not be able to continue accompanying you and, as required by the law in specific cases, we will also notify you before completing the processing of your request.
    • In certain particular cases, we may be unable to accept your request. For example, in scenarios specified in Article 7 of this Regulation or when you request SGH Asia to delete personal data. If there are legal obligations, SGH Asia is obliged to store records concerning individuals, contracts, or transactions to comply with the law.
    • Similarly, in cases where SGH Asia cannot comply with your withdrawal of consent while SGH Asia is fulfilling its contractual obligations with you, or in circumstances where immediate processing of related personal data is necessary to protect the life, health of the data subject, or others, as stipulated by law.

When processing your data, SGH Asia uses protective measures and handles your personal data as per legal regulations. Under limited circumstances, there may be acts of violations in processing personal data, such as loss, destruction, or damage due to technical mishaps. These incidents are entirely undesired by SGH Asia. In accordance with the law, SGH Asia will notify relevant parties about these violations within the legal timeframe. Compensation for damages, if any, occurring from these violations of regulations protecting personal data, will be handled either by agreement or as stipulated by the law.

12. Manner of Personal Data Processing

At various times and depending on the purposes mentioned above, SGH Asia will execute one or multiple activities related to Personal Data, such as collection, recording, analysis, verification, storage, modification, disclosure, access, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, or destruction of Personal Data. The activities concerning Personal Data Processing might be carried out by SGH Asia through automated or non-automated means, electronic or manual methods, or any other means that SGH Asia deems suitable.

SGH Asia strictly implements measures for protection and security during Personal Data Processing, which includes safeguarding against violations of regulations for Personal Data Protection, preventing loss, destruction, or damage due to incidents, and utilizing technical measures. However, please note that SGH Asia cannot entirely eliminate security risks related to Personal Data Processing.

13. Commencement and Conclusion of Personal Data Processing

SGH Asia will commence the processing of Personal Data upon its receipt and continue until the Personal Data is deleted or disposed of according to legal provisions, or SGH Asia’s decisions at various points.

14. Organization Responsible for Personal Data Protection

  • SGH ASIA Co., Ltd.
  • Tax Code: 0309544679
  • Address: 21/4 Nguyen Thi Huynh, Ward 8, Phu Nhuan District, Ho Chi Minh City, Vietnam
  • Phone: (028) 39979735
  • Email: Innovate@sgh.asia

15. Security Department Contact

  • Main department in charge: IT Security
  • Email: it-notify@sgh.asia
  • Phone: (028) 39979735
  • Address: 21/4 Nguyen Thi Huynh, Ward 8, Phu Nhuan District, Ho Chi Minh City, Vietnam

16. Contact

  •  Call SGH Asia’s hotline: (028) 39979735
  • Email SGH Asia at: Innovate@sgh.asia
  • Or directly contact SGH Asia at the office: 21/4 Nguyen Thi Huynh, Ward 8, Phu Nhuan District, Ho Chi Minh City, Vietnam.

C. SGH ASIA COMMITMENTS

SGH ASIA Co., Ltd. commits to:

    1. Protecting your personal information appropriately by designating a Security Department.
    2. Collect, use, and provide personal information based on suitable methods for the necessary scope of recruitment and SGH ASIA’s business activities. When collecting personal information, SGH ASIA clarifies the purpose and contact information for query resolution.
    3. As a rule, except when required by law, SGH ASIA uses personal data only for the specified purposes mentioned above. SGH ASIA will take appropriate and necessary measures to prevent unintended use of this information.
    4. Undertake reasonable security measures to prevent and address risks such as unauthorized access to personal information or its loss, damage, forgery, defamation, or disclosure.
    5. In cases where SGH ASIA authorizes the use of personal information for partner companies, SGH ASIA will establish appropriate contracts and provide necessary instructions to ensure their use, provision, and retention of information align with the agreement established during data collection.
    6. Promptly respond to complaints or queries related to personal information owned by SGH ASIA. Upon requests for disclosure, correction, changes, or deletion, we immediately provide reasonable guidance upon necessary verification.
    7. Comply with legal regulations, national guidelines, and other provisions regarding the personal data we use. SGH ASIA continues to retain, improve, and make necessary adjustments to ensure the effective operation of the personal information security management system.

3. REFERENCE

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