2.Personal Information which we collect
3.The use of Personal Information which we collect
4.Sharing of Personal Information which we collect
5.Cross-border transfers of Personal Information
6.Retention of Personal Information
7.Access and correction of Personal Information
8.Where we store your Personal Information
9.Security of your Personal Information
12.Acknowledgement and consent
13.Marketing and promotional material
14.Third party websites
15.How to contact us
a. “Application” means the Driver Application and/or the User Application, as applicable.
b. “Personal Information” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which we have or are likely to have access. This may include an individual’s name, address, date of birth, occupation, phone number, e-mail address, and other information which, when taken together with other information, would enable an individual to be identified.
2. PERSONAL INFORMATION WHICH WE COLLECT
a. We collect certain information (which may include Personal Information) about you. The Personal Information which we collect may be provided by you directly (for example, when you register as a User or Transportation Provider, or you otherwise provide Personal Information to us) or by third parties, or be collected automatically when you use the Application. We may collect information in various forms and for various purposes (including purposes permitted under Applicable Law).
Information obtained from you or from your mobile device directly
• When you register and create an Account with us using the Application, you have to provide to us certain Personal Information, including your name, physical address, e-mail address, your phone number, and an Account ID and/or password that you will use to access the Application after registration. If you are using the Application as a Transportation Provider, you have to provide to us with additional Personal Information as part of the Transportation Provider onboarding process. This would include details of your Vehicle; licences, approvals, and other authorisations for you to operate the Vehicle and to provide the Transportation Services; your insurance policy; and your bank account for the purposes of receiving User Fees.
• When you use the Application, you have to provide to us such relevant information as may reasonably be required by us in order for the Application to work. For example,
ο If you are using the Application as a User, you will need to provide us with information as to the type of Transportation Service you seek, and details as to the pick-up and/or delivery.
ο If you are using the Application as a Transportation Provider, in order for the Application to work, you will need to provide us with information as to the Transportation Services you are able to accept orders for at the time, and details as to your current location, and after an order for a Transportation Service placed by a User is accepted by you as the Transportation Provider, you may need to provide us with other data that we need to manage the Application and ecosystem, and to monitor overall usage of the Application.
ο When a payment is made through the electronic money facility within the Application, if you are the payer, you will provide to us information relating to the payment, such as the type of payment card used, the name of the issuer of that payment card, the name of the Account holder for that payment card, the number of that payment card, and the amount of money paid.
Information collected whenever you use the Application or visit our Website
• Whenever you use the Application or visit our Website, we may collect certain technical data concerning your usage such as, internet protocol (IP) address, information as webpages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID) or media access control address, and also information regarding the manufacturer, model and operating system of the device that you use to access the Application or our Website.
• Whenever you use the Application through your mobile device, we will track and collect your geo-location information in real-time. In some cases, you will be prompted or required to activate the Global Positioning System (GPS) on your mobile device to enable us to give you a better experience in using the Application (for example, to give you information as to how close a Transportation Provider is to you).
• If You use the Application as a Transportation Provider, we collect your geo-location information when the Application is running in the foreground (i.e., the Application is open and on-screen) and in the background (i.e., the Application is open but not on screen), so long as you are signed into the Application.
• If You use the Application as a User, we collect your geo-location information when the Application is running in the foreground. We endeavour to cease collection of your geo-location information when the Application is in the background, but such information may still be collected unintentionally. You can always choose to disable the geo-location tracking information on your mobile device temporarily. However, this may affect the functionalities available on the Application.
Information collected from third parties
Information about third parties you provide to us
• You may provide us with Personal Information relating to other third party individuals (such as Personal Information relating to your spouse, family members or friends). You will of course need their consent to do so – see “Acknowledgement and Consent”, below, for further information.
b. We do not mandate or endorse, nor prohibit, the installation or use of in-vehicle recording devices in any Vehicles. Where such devices are installed and used in any Vehicles, we do not collect any Personal Information from any in-vehicle recordings by such devices, and any collection of Personal Information from such in-vehicle recordings is not being done on our behalf. The collection of Personal Information from such in-vehicle recordings is solely at the discretion of the Transportation Provider. We have no control over such collection of Personal Information by the Transportation Provider and any subsequent use or disclosure by the Transportation Provider of the Personal Information so collected. Where you are a Transportation Provider and choose to install and use such in-vehicle recording devices in your Vehicle, it is your sole responsibility to notify the User of the same. Where you are a User and you have any objection to the use of in-vehicle recording devices within the Vehicle of any Transportation Provider, you must inform the Transportation Provider directly and it will be your personal responsibility to do so.
3. THE USE OF Personal INFORMATION WHICH WE HAVE COLLECTED
We may use Personal Information collected for any of the following purposes as well as for such other purposes as are permitted by Applicable Law:
a. Where you are a User, we may use your Personal Information:
• to identify you and to register you as a User and to administer, manage or verify your Account as such;
• to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a User;
• to enable Transportation Providers to provide you with such of the Transportation Services as you have requested;
• to process and facilitate orders and payment transactions made by you, including where applicable, transactions made through the electronic money facility;
• to communicate with you and to send you information in connection with the use of the Application;
• to notify you of any updates to the Application or changes to the Transportation Services available;
• to process and respond to enquiries and feedback received from you;
• to maintain, develop, test, enhance and personalise the Application to meet your needs and preferences as a User;
• to monitor and analyse user activities and demographic data including trends and usage of the various Transportation Services available on the Application; and
• to send you direct marketing communications and information on special offers or promotions.
b. Where you are a Transportation Provider, we may use your Personal Information:
• to identify you and to register you as a Transportation Provider and to administer, manage or verify your Account as such;
• to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a Transportation Provider;
• to enable you to provide Transportation Services to Users;
• to process and facilitate payments due to you relating to any Transportation Services you have provided;
• to communicate with you and send you information in relation to the provision of your Transportation Services, including to relay User orders to you and to facilitate your acceptance of such orders;
• to notify you of any updates to the Application or changes to the manner in which Transportation Services are to be provided;
• to process and respond to feedback from Users as to safety generally or as to the quality of the Transportation Services which you have provided;
• to maintain, develop, test, enhance and personalise the Application to meet your needs and preferences as a Transportation Provider;
• to monitor and analyse user activities and demographic data including trends and Transportation Provider responsiveness for the various Transportation Services available on the Application; and
• to send you direct marketing and promotional communications and information on special offers or promotions.
c. Whether you are a User or a Transportation Provider or otherwise provide Personal Information to us, we may also use your Personal Information more generally for the following purposes (although we will in each such case always act reasonably and use no more Personal Information than what is required for the particular purpose):
• to undertake associated business processes and functions;
• to monitor usage of the Application and administer, support and improve the performance efficiency, user experience and the functions of the Application;
• to provide assistance in relation to and to resolve any technical difficulties or operational problems with the Application or the Transportation Services;
• to generate statistical information and anonymous analytics data for the purpose of testing, research, analysis and product development;
• to prevent, detect and investigate any prohibited, illegal, unauthorised or fraudulent activities;
• to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving us and/or any of our Affiliates; and
• to enable us to comply with our obligations under any Applicable Law (including but not limited to responding to regulatory enquiries, investigations or directives) and conducting audit checks, due diligence and investigations.
4. SHARING OF personal INFORMATION WHICH WE COLLECT
a. We may disclose to or share with Affiliates and other parties your Personal Information for any of the following purposes as well as for such other purposes as are permitted by Applicable Law (although we will in each such case always act reasonably and disclose or share no more Personal Information than what is required for the particular purpose):
• where you are a User, for the purpose of enabling a Transportation Provider, to perform or deliver a Transportation Service, including to contact you;
• where you are a Transportation Provider, for the purpose of enabling a User to request or receive a Transportation Service from you, including to contact you;
• where required or authorised by Applicable Law (including but not limited to responding to regulatory enquiries, investigations or directives, or complying with statutory or regulatory filing and reporting requirements), for the purpose so specified in that Applicable Law;
• where there is any form of legal proceeding between you and us, or between you and another party, in connection with, or relating to the Transportation Services, for the purposes of that legal proceeding;
• in an emergency concerning your health and/or safety (whether you are a User or a Transportation Provider) for the purposes of dealing with that emergency;
• in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company, for the purposes of such a transaction (even if the transaction is eventually not proceeded with);
• where we share Personal Information with third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us, perform functions on our behalf, or whom we enter into commercial collaboration with), for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be), which may include allowing such third parties to introduce or offer products or services to You, or other conducting activities including marketing, research, analysis and product development; and
b. Where it is not necessary for the Personal Information disclosed or shared with other parties to be associated with you, we will use reasonable endeavours to remove the means by which the Personal Information can be associated with you as an individual before disclosing or sharing such information.
c. We will not sell or lease Your Personal Information to any third parties.
5. CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION
Your Personal Information may be transferred to, stored, used and processed in a jurisdiction other than your home nation or otherwise in the country, state and city in which you are present while using any services provided by us (“Alternate Country”), to companies within GO-VIET group which are located outside of your home nation or Alternate Country and/or where GO-VIET group’s servers and/or service providers and partners are located outside of your home nation or Alternate Country. You understand and consent to the transfer of your Personal Information out of your home nation or Alternate Country as described herein.
6. RETENTION OF PERSONAL INFORMATION
a. Your Personal Information will only be held for as long as it is necessary to fulfill the purpose for which it was collected, or for as long as such retention is required or authorised by Applicable Law. We shall cease to retain Personal Information, or remove the means by which the Personal Information can be associated with you as an individual, as soon as it is reasonable to assume that the purpose for which that Personal Information was collected is no longer being served by retention of Personal Information and retention is no longer necessary for legal or business purposes.
b. Please note that there is still the possibility that some of your Personal Information might be retained by the other party (i.e., the Transportation Provider (if you are the User), or the User (if you are the Transportation Provider)) in some manner (such as, by means of a screen capture). Information relayed through communications between Users and Transportation Providers made other than through the use the Application (such as by telephone, mobile messaging or other modes of communication) may also be retained by some means. We do not authorise the retention of Personal Information by such means and we have no responsibility to you for the same. To the fullest extent permitted by Applicable Law, we shall not be liable for any such retention of your Personal Information. You agree to indemnify, defend and release us, our officers, directors, employees, agents, suppliers, contractors and Affiliates from and against any and all claims, losses, liabilities, expenses, damages and costs (including but not limited to legal costs and expenses on a full indemnity basis) resulting directly or indirectly from any unauthorised retention of your Personal Information.
7. ACCESS AND CORRECTION OF PERSONAL INFORMATION
a. You may request us for access to and/or the correction of your Personal Information in our possession and control, by contacting us at the details provided below. Subject to Applicable Law, we reserve the right to charge an administrative fee for such requests.
b. We reserve the right to refuse your requests for access to, or to correct, some or all of your Personal Information in our possession or control, if permitted or required under any Applicable Law. This may include circumstances where the Personal Information may contain references to other individuals or where the request for access or request to correct is for reasons which we reasonably consider to be trivial, frivolous or vexatious.
8. WHERE WE STORE YOUR PERSONAL INFORMATION
9. SECURITY OF YOUR PERSONAL INFORMATION
Confidentiality of your Personal Information is of utmost importance to us. We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use or disclosure by unauthorised persons and against unlawful processing, accidental loss, destruction and damage or similar risks. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, you acknowledge that we cannot guarantee the integrity and accuracy of any Personal Information which you transmit over the Internet, nor guarantee that such Personal Information would not be intercepted, accessed, disclosed, altered or destroyed by unauthorised third parties, due to factors beyond our control. You are responsible for keeping your Account details confidential and you must not share your password with anyone and you must always maintain the security of the mobile device that you use.
12. ACKNOWLEDGEMENT AND CONSENT
b. In circumstances where you provide us with Personal Information relating to other individuals (such as Personal Information relating to your spouse, family members or friends), you represent and warrant that you have obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, use, disclosure and processing of his/her Personal Information by us.
c. You may withdraw your consent to any or all collection, use or disclosure of your Personal Information at any time by giving us reasonable notice in writing using the contact details stated below. You may also withdraw your consent for us to send you certain communications and information via any “opt-out” or “unsubscribe” facility contained in our messages to you. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the Application or certain of the Transportation Services. A withdrawal of consent by you may result in the termination of your Account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, use or disclosure of your Personal Information, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.
13. MARKETING AND PROMOTIONAL MATERIAL
We may send you marketing and promotional communications via post, telephone call, short message service (SMS), e-mail, online messaging, or push notifications via the Application to notify you about special privileges, promotions, or events offered or organised by us, our partners, sponsors, or advertisers, or to provide updates on our Application and/or the products and services offered therein.
You may opt out from receiving such marketing communications at any time by clicking on any “unsubscribe” facility embedded in the relevant message, or otherwise contacting us using the contact details stated below. Please note that if you opt out, we may still send you non-promotional messages, such as ride receipts, or information about your Account or Application.
14. THIRD PARTY WEBSITES
a. The Application and Website may contain links to websites that are operated by third parties. We do not control nor accept liability or responsibility for these websites and for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. Please consult the terms and conditions and privacy policies of those third party websites to find out how they collect and use your Personal Information.
15. HOW TO CONTACT US