(In accordance with Decree No. 13/2023/NĐ-CP of the Government of Vietnam on Personal Data Protection, effective from July 1, 2023.)
Otani U.P. Co., Ltd. is committed to protecting the personal data of its employees, job applicants, and former staff members in compliance with applicable laws and regulations.
This document represents the mutual consent between Otani U.P. and the Data Provider regarding the collection, storage, processing, and protection of personal data.
1. Definitions
- “Personal Data” refers to any information in the form of symbols, letters, numbers, images, sounds, or electronic data associated with a specific individual that can identify or make it possible to identify that individual. Personal data includes basic data such as full name, date of birth, gender, address, contact details, tax code, and other identifying information, as well as sensitive data such as political opinions, health status, ethnicity, private life, financial information, or other types of data as defined by law.
- “Data Subject” means the individual to whom the personal data relates.
- “Processing of Personal Data” includes operations such as collecting, recording, storing, modifying, publishing, sharing, transferring, or deleting personal data.
- “Data Controller” means the party that determines the purposes and methods of personal data processing.
- “Data Provider” means the individual or organization that provides personal data to Otani U.P.
These parties are collectively referred to as the “Parties.”
2. Purposes of Personal Data Processing
Otani U.P. processes personal data for legitimate purposes, including:
- Verifying identity and ensuring the security of employees, applicants, contractors, and business partners.
- Managing HR records, recruitment, employment contracts, performance assessments, and legal obligations.
- Maintaining internal systems, backups, and data analysis for reporting, auditing, and quality management.
- Handling complaints, inquiries, or requests from employees or authorities.
- Complying with legal requirements and relevant industry standards.
3. Principles of Personal Data Protection
Otani U.P. commits to:
- Processing personal data lawfully, fairly, and transparently.
- Collecting data for specific, legitimate purposes and within the necessary scope.
- Retaining data only for as long as needed for the stated purposes and ensuring its accuracy, completeness, and timely deletion when no longer required.
- Implementing technical and organizational measures to safeguard data from unauthorized access, loss, or misuse.
- Requiring all partners, vendors, and third parties to comply with personal data protection obligations.
4. Scope and Categories of Data Collected
Otani U.P. may collect and process personal data such as: full name, ID/passport number, date of birth, gender, address, nationality, contact details (phone number, email), account information, photos, audio and video recordings, and data generated during employment or interactions with the company.
5. Methods of Data Processing
Personal data may be collected through job applications, employment contracts, internal records, emails, work management systems, or from government authorities and authorized partners. All processing activities are based on the consent of the Data Subject and within the boundaries of applicable law.
6. Data Retention
Otani U.P. retains personal data throughout the employment or cooperation period, or for as long as required to fulfill legal obligations and resolve disputes. After this period, data will be deleted or anonymized according to security policies.
7. Organizations Related to Data Processing
Personal data may be shared with the parent company, business partners, service providers, or competent authorities when necessary for lawful purposes. Such sharing is performed under strict confidentiality and compliance with legal requirements.
8. Processing in Special Circumstances
- Otani U.P. may use CCTV footage and other monitoring data for safety, workplace security, and investigation of incidents.
- In emergencies to protect life, health, or public safety, the company may process data as permitted by law.
- Processing data related to missing persons, deceased individuals, or other special cases shall follow legal requirements of competent authorities.
9. Rights and Obligations of Data Subjects
Data Subjects have the right to be informed, access, correct, or request deletion of their personal data; the right to restrict or object to data processing; the right to withdraw consent, file complaints, or seek compensation for damages resulting from violations.
Data Subjects are obliged to comply with company regulations, protect their personal information, and cooperate with Otani U.P. when verification, updates, or processing activities are required for management purposes.
10. Possible Consequences and Risks
Otani U.P. employs advanced technologies and measures to secure personal data; however, no system is entirely immune to risk. Potential issues may include hardware or software failures, cyberattacks, or user negligence.
In the event of an incident, Otani U.P. will promptly notify competent authorities and affected individuals while taking necessary corrective actions.
11. Cross-border Data Transfer
Otani U.P. may transfer personal data abroad for storage, analysis, or internal management purposes. Such transfers will only occur when the recipient ensures an adequate level of data protection consistent with Vietnamese regulations.
12. Effectiveness and General Provisions
This Agreement takes effect from November 1, 2023, and may be updated periodically. Any amendments will be announced through Otani U.P.’s official communication channels.
This Agreement is governed by the laws of Vietnam and supersedes all previous documents or agreements related to personal data processing.
OTANI U.P. CO., LTD.
Director: Yoshihiro Harada
Hanoi, Vietnam
