”) forms a part of the terms and conditions governing the relationship between members and the Company and should be read in conjunction with any of the terms and conditions entered into between the members and the Company.
From time to time, the Company may collect Personal Data from (a) users, (b) third parties, including user’s beneficial owners, partners, directors, officers or authorized signatories, employees, customers, payors, payees, guarantors, other security providers and other natural persons related to that user (the “Relevant Individuals
”) and/or (c) publicly available sources including credit bureaus, Personal Data about users, Relevant Individuals and related parties in connection with the access and use of Validus.vn, Platform or any of the Services to provide more personalized service for our users. This may include:
- collection of information in relation to the devices (including device operating system, hardware version, settings, file and software names and types and device identifiers, device location, connection information such as the name of the ISP or mobile operator through which the Platform is accessed, browser type and IP address) which are used to access Validus.vn or the Platform.
Should the members provide the Company any Personal Data of yourself or others:
- the Members represent and warrant to the Company that (x) each individual (including yourself) whose Personal Data has been provided to us, has been notified of the purposes for which data will be collected, processed, used or disclosed; and (y) such individual’s consent for the collection, processing, use and disclosure of such Personal Data by Validus has been obtained and authorized by such individual.
- The Members shall notify us immediately upon becoming aware of any withdrawal by any individual of his/her consent to the collection, processing, use and/or disclosure by the Company of his/herPersonal Data provided to the Company. The withdrawal of such consent may affect the services which the Company is able to provide to the Members, such individual and/or the corporate the Members represent (including possible termination of contractual relationship of the Members with us, subject to termination provisions relating to registered users and may be deemed a breach of representation and undertakings of the Members to us).
- The Members shall ensure at all times that any information provided (including any Personal Data) to us is correct, accurate and complete, and that any consent given in relation to Personal Data shall, subject to all applicable laws and regulations, survive death, incapacity, bankruptcy or insolvency of any such individual and the termination or expiration of any account in connection with the use of the Platform.
Personal Data submitted or collected by the Company may be used by the Company for any of its business purposes, including (the “Purposes
- to operate, administer any account and to provide Services to any user through the Platform including, but not limited to, facilitating the transfer of funds, maintaining accurate “know your customer” information, to verify the identities or authorities of users and/or their representatives who contact the Company or may be contacted by the Company, to carry out or respond to requests, questions or instructions from users and/or their representatives, and to perform risk modeling or analysis;
- to facilitate transactions on the Platform or in connection with the Services (including for any third-party insurance, escrow account and other Services related matters);
- to verify the identity or authority of users and/or representatives of users and/or to pursuant to current security procedures or internal procedures of the Company;
- in the assessment and evaluation of viability, credibility, suitability, eligibility and identity of users in connection with the Platform, the Services, and/or any other documents entered into or agreed to by such Registered Users;
- to carry out, monitor and analyze the Company’ business;
- for the marketing, promotion or advertisement of products and services (including any co-branded products or services) which the Company believes the Members may be interested in;
- as part of, or in connection with, any sale, merger, or similar change of the Company’ business;
- for customer feedback and complaints or legal purposes in enforcing the Company’ rights, drafting and reviewing of documents, procuring legal advice and dispute resolution;
- to comply with any applicable laws, rules, or regulations in any country;
- to detect, prevent and investigate fraud, crime, offenses, money-laundering, counter-terrorist financing and bribery; and
- purposes reasonably related to the aforesaid.
The Company may retain Personal Data for so long as one or more of the purpose for which it was collected remains valid, where required by regulation or law (national or international), or as required by its own record retention policies or own business purposes.
The Company may from time to time also disclose Personal Data for any of the Purposes to the Company’ shareholders, directors, officers and employees and the following parties (whether inside or outside of Vietnam):
- any agent, contractor, or third party service provider who provides banking, remittance, administrative, mailing, telecommunications, call centers, business process, travel, visa, knowledge management, human resource, data processing, information technology, computer, payment, debt collection, credit reference checks or securities clearing or risk modeling or analysis or other services to Validus in connection with the business operations of the Company and/or Validus.vn, Platform or any of the Services;
- any person or entity employed by or on behalf of the Company or is a part of or related to any group of companies of which the Company forms part or is affiliated to;
- any person or entity to whom the Company is under an obligation or otherwise required to make disclosure pursuant to any applicable laws and regulations, including disclosure to courts, tribunals, and/or legal, regulatory, tax and government authorities and stock exchanges;
- any party giving or proposing to give a guarantee or third-party security to guarantee or secure the obligations of any user;
- any party for purposes of conducting checks with the Do Not Call Registry;
- any party for purposes of meeting or complying with the Company’ internal policies and procedures and any applicable rules, laws, regulations, codes of practice or guidelines, orders or requests issued by any court, legal or regulatory bodies (both national and international) (including but not limited to disclosures to regulatory bodies, conducting audit checks or any investigations);
- any actual or proposed assignee of Validus or transferee of Validus’ rights in respect of all or any part of the assets or business of Validus; and
- any credit bureau as well as the members of such credit bureau and other relevant third parties in connection with the use of the Platform as required by law or regulation (e.g. banks, financial intermediaries, insurers, reinsurers, escrow agents and other P2P platforms).
Without prejudice to the foregoing, the Company may disclose Personal Data to any person or entity to whom the Company is under an obligation or otherwise required to make disclosure pursuant to any applicable laws and regulations, including disclosure to courts, tribunals, and/or legal, regulatory, tax and government authorities in Vietnam or otherwise.
The Members may access or make corrections to any of Personal Data of the Members held by the Company. To do so, please contact the Company at firstname.lastname@example.org
. The Company reserves the right to charge such fees as it may, in its sole and absolute discretion, deem appropriate for the grant of such access and to correct any Personal Data.
The Company may from time to time send the Members and/or the Relevant Individuals email messages or short message service (“SMS
”) to mobile phones based on Personal Data provided to the Company. The Company do not guarantee that these messages will be completely secure. Under no circumstance will the Company be liable for any damages incurred or sustained by the Members or the Relevant Individuals in connection with or arising from any such messages transmitted by the Company or to the Company.