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1. INTRODUCTION

 

1.1. Welcome to the Spices X platform. Spice X takes its responsibilities regarding information security seriously in accordance with the regulations on personal information protection of Vietnamese law and is committed to respecting the privacy and concerns of all users of our website. User means the person who registers an account with us to use the Services. We recognize the importance of the personal data you have entrusted to us and believe that we have a responsibility to manage, protect and process your personal data appropriately. This Privacy Policy is designed to help you understand how we collect, use, disclose and/or process the personal data that you have provided to us and/or hold about you, whether now or in the future, and to help you make an informed decision before providing us with any of your personal data.

 

1.2. “Personal Data” means data, whether true or not, about an individual from which an identity can be determined, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data may include name, identification number and contact information.

 

1.3. By using the Services, registering an account with us or accessing the Platform, you acknowledge and agree that you accept the practices, requirements, and/or policies described in this Privacy Policy, and you hereby acknowledge that you have made known to us and fully consent to our collection, use, disclosure and/or processing of your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE. If we change our Privacy Policy, we will notify you including by posting such changes or the revised Privacy Policy on our Platform. To the extent permitted by law, your continued use of the Services or the Platform constitutes your acknowledgement and agreement to the changes to this Privacy Policy.

 

1.4. This Policy applies in addition to any other notices, contractual terms, and consent terms that apply to our collection, storage, use, disclosure, and/or processing of your personal data and is not intended to override such notices or terms unless we expressly state otherwise.

 

1.5. This Policy applies to Buyers using the Services unless expressly stated otherwise.

 

2. WHEN WILL Spices X COLLECT PERSONAL DATA?

 

2.1. We will/may collect personal data about you:

• when you register and/or use our Services or Platform, or open an account with us;

• when you submit any forms, including applications or other forms relating to any of our products and services, whether online or otherwise;

• when you enter into any agreements or provide other documents or information in connection with your interactions with us, or when you use our products and services;

• when you interact with us, such as via telephone calls (which may be recorded), letters, faxes, face-to-face meetings, social media platforms and emails;

• when you use our electronic services, or interact with us through our Website or Services. This includes through cookies that we may deploy when you interact with our Website;

• when you grant permission on your device to share information with our Platform

• when you link your Shopee account to your social media account or other external accounts or use other social media features, in accordance with the provider's policies;

• when you make transactions through our Services, such as when you make a purchase or accept a Buyer's order;

• when you provide us with feedback or submit a complaint;

• when you register for a competition;

• when you submit your personal data to us for any reason; and/or

• when you perform other activities on our Platform.

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The above are not intended to be exhaustive and only provide some common examples of when your personal data may be collected.

 

2.2. We may collect your information from you, our affiliates, third parties and other sources, including but not limited to business partners (e.g., shipping and payment service providers), credit rating agencies, marketing service providers, referral partners, loyalty programs, other users of our Services or publicly available data sources or government data sources.

 

2.3. In some cases, you may provide us with personal data about other individuals (e.g., family members, friends or people in your contact list). If you provide us with their personal data, you represent and warrant that you have obtained their consent to process their personal data in accordance with this Policy.

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3. WHAT DATA WILL Spices X COLLECT?

 

3.1. Except as otherwise provided in this Policy, the personal data that Spices X may collect includes basic personal data and sensitive personal data (as defined by the Privacy Law) as listed below:

• Full name;

• Email address;

• Date of birth;

• Billing and/or shipping address;

• Bank account and payment information

• Telephone number;

• Gender;

• Information sent by or relating to the device(s) used to access our Services or Platform;

• Information about your network, including your contact list when you consent to sharing on your device, and the people and accounts with whom you interact;

• Images or audio or video;

• Government-issued identification information or other information for our legal, customer identification, fact-checking and/or fraud prevention purposes;

• Communications or contact data, such as your advertising preferences from us or third parties, your communication preferences and communication history with us, our service providers, and other third parties;

• Usage and transaction information, including details about your search history, transactions, advertisements and content displayed that interact with the Platform, and related products and services;

• Location data;

• Any other information about the user when the user logs in to use our Services or Platform, and when the user uses the Services or Platform, as well as information about how the user uses our Services or Platform; and aggregated data about user content.

 

3.2. You agree not to provide us with any information that is inaccurate or misleading and you agree to notify us of any inaccuracies or changes to the information. We reserve the right at our sole discretion to request additional documentation to verify any information provided by you.

 

3.3. If you log in to become a User of our Platforms using your social media account (“Social Media Account”), link your account to your Social Media Account or use any Shopee social media features, we have access to information about you that you have voluntarily provided to your Social Media Account service provider in accordance with the policies of such service provider, and we will manage, process and use your personal data in accordance with the provisions of this Policy at all times.

 

3.4. If you do not want us to collect the above information/personal data, you may opt out at any time by notifying our Personal Data Protection Officer in writing. Further information on this can be found in the section “How can you withdraw your consent, request erasure, restrict processing, object to processing, request the provision of your personal data, access or correct information you have provided to us?” below. However, please note that opting out or withdrawing your consent to our collection, use or processing of your personal data may affect your use of the Services and Platform. For example, location services will not work if you do not allow an application to access your location.

 

4. COOKIES

 

4.1. Sometimes, we or our authorized service providers and advertising partners may use “cookies” or other features to allow us or third parties to collect or share information regarding your use of our Services or Platform. These features help us improve the Platform and the Services we offer, help us suggest new services and features, and/or allow us and our advertising partners to deliver more relevant content to you. “Cookies” are identifiers stored on your computer or mobile device that store data about your computer or device, how and when the Services or Platform are used or visited, by how many people, and to track activity on our Platforms. We may link cookie information to personal data. Cookies also link to information about what you have chosen to purchase and the pages you have viewed. This information is used to keep track of your shopping cart, to deliver content tailored to your interests, to enable advertising partners to deliver advertising on sites across the Internet, and to perform data analytics and/or track Service usage

 

4.2. You may refuse the use of cookies by selecting the appropriate settings on your browser or device. However, please note that if you do this you may not be able to use the full functionality of our Platform or Services.

 

5. HOW DO WE USE THE INFORMATION YOU PROVIDE TO US?

 

5.1. We may collect, use, disclose and/or process your personal data for the following purposes:

• to consider and/or process your application/transaction with us or your transactions or correspondence with third parties via the Services;

• to administer, operate, provide and/or manage your use of and/or access to our Services and Platforms (including your preferences), as well as your relationship and user account with us;

• to fulfill, process, settle or complete a transaction and/or fulfill your requests for certain products and services and notify you of service issues and unusual account activities;

• to enforce our Terms of Service or any applicable end user license agreement;

• to protect your personal safety and the rights, property or safety of others;

• for identification, verification, legal review or customer identification purposes;

• to assess and make decisions regarding your credit profile and risk and eligibility for loans, credit or credit products, as applicable;

• to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth operation of our Services;

• to address or facilitate customer service, carry out your instructions, resolve or respond to any queries submitted by (or purported to be submitted by) you or on your behalf;

• to contact you or communicate with you by telephone, text message and/or fax message, email and/or mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as in communicating administrative information to you in connection with our Services. You acknowledge and agree that such communication from us may be by way of sending you a letter, document or notice, which may include disclosure of certain personal data about you in order to deliver such documents as well as on the packaging/envelope;

• to enable other users to interact or communicate with you or see some of your activity on the Platform, including to notify you when another user has sent you a private message or posted a comment about you on the Platform or in connection with your use of social features on the Platform;

• to conduct research, analysis and development activities (including but not limited to data analysis, surveys, product and service development and/or profiling), to analyse how you use our Services, to recommend products and/or services of interest to you, to improve our Services or products and/or to improve your customer experience;

• to enable other audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with Spices X Services;

• for marketing and promotional purposes, in this regard, to send you, by various means and modes of communication, marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties with whom Spices X may collaborate or tie up) that Spices X (and/or its affiliates or related companies) may sell, market or promote, whether such products or services exist now or are created in the future. You may unsubscribe from receiving marketing communications at any time by using the unsubscribe function in the electronic marketing materials. We may use your contact details to send you newsletters and/or communications from us or from our related companies;

• to offer frequent flyer, partnership and bonus programmes and offers, as well as other co-branded marketing campaigns;

• to respond to legal processes or to comply with or as required by applicable law, and the requests of a competent governmental authority or the requirements of any jurisdiction or where we have a good faith belief that disclosure is necessary, including without limitation, to meet the requirements to meet the disclosure requirements required by any law binding on Spices X or its related companies or affiliates (including, where applicable, the display of your name, contact details and company details);

• to prepare statistics and research to meet internal or regulatory reporting and/or record-keeping requirements;

• to carry out due diligence and verification or other screening activities (including but not limited to background checks) in compliance with our obligations under applicable law or governmental authorities or our risk control procedures, which may be required by law or which may have been put in place by us;

• to audit our Services or Spices X's operations

• to prevent or investigate any actual or suspected breach of our Terms of Service, fraud, illegal acts, omissions or misconduct, whether or not related to your use of our Services or any matter arising from your relationship with us;

• To respond to any actual or alleged threats or demands made against Spices X or other claims relating to Content that violates the regulations of third parties;

• to store, host, back up (whether for disaster recovery purposes or otherwise) your personal data.

 

5.2. You acknowledge, authorize and agree that we may access, preserve, process and disclose your Account information and Content if required to do so by law or by order of a court or any governmental or regulatory agency having jurisdiction over Shopee or its affiliates or for reasons Shopee believes in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with a request from any governmental or regulatory agency having jurisdiction over Spices X or its affiliates; (c) enforce our Terms of Service or this Privacy Policy; (d) respond to any actual or threatened claim against Spices X or its affiliates or other claim that any Content violates the rights of a third party; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of Shopee or its affiliates, its users and/or the public.

 

5.3. As the Purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing the applicable data without your consent is permitted under the provisions of the Privacy Laws.

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6. HOW Spices X PROTECTS AND STORE CUSTOMER INFORMATION

 

6.1. We implement various security measures and strive to ensure the safety of your personal data on our systems. User personal data is stored behind secured networks and is only accessible by a limited number of employees who have special access rights to our systems. However, there can be no guarantee of absolute security.

 

6.2. We will maintain personal data in accordance with the provisions of the Privacy Law and/or other applicable laws. This means that we will destroy or de-identify your personal data when we receive your request in accordance with the provisions of the applicable Privacy Laws or when we have reasonable grounds to determine that (i) the purpose for which the personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) there are no other legitimate interests to continue retaining such personal data. If you cease using our Platform, or your right to use the Platform and/or the Services is terminated or revoked, we may continue to store, use and/or disclose your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to the provisions of law, we may securely destroy your personal data without prior notice to you.

 

6.3. We reserve the right to refuse to delete or destroy data in cases where your request is inconsistent with the provisions of the current Privacy Law, or although it is consistent, it falls under the cases where we are not allowed to delete or destroy according to the provisions of the current Privacy Law.

 

7. DOES Spices X DISCLOSE INFORMATION COLLECTED FROM VISITORS?

 

7.1 In the course of conducting our business, we will/may need to use, process, disclose and/or transfer your personal data to our third party service providers, agents and/or our affiliates or related companies, and/or other third parties who may be located in Vietnam or outside Vietnam, for one or more of the above Purposes, and such disclosure will be made in accordance with the procedures and regulations of applicable laws. Such third party service providers, agents and/or affiliates or related companies and/or other third parties will process your personal data either on our behalf or vice versa, for one or more of the above Purposes. We strive to ensure that our third parties and affiliates keep your personal data safe from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as it is necessary for the purposes set out above. Purposes Such third parties include:

• other users of our Platform for one or more of the Purposes set out above;

• contractors, agents, service providers and other third parties we engage to support or complement our business. These parties include, but are not limited to, those who provide administrative or other services to us such as postal companies, telecommunications companies, advertising and media partners, information technology companies, e-commerce operators, and data centers;

• government agencies or regulatory bodies with jurisdiction over Shopee or as permitted under Section 5.2;

• a purchaser or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Spices X's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceedings, in which personal data held by Spices X about our users is among the assets transferred; or to a counterparty in a business asset transaction in which Spices X or any of its affiliates or related corporations is involved;

• third parties to whom we disclose information for one or more of the Purposes and who in turn collect and process your personal data for one or more of the Purposes.

 

7.2. We may share information including statistical and demographic information about Users and information about their use of the Services with advertising and programming partners. We will also share statistical and demographic information about our users and their use of the Services with advertising partners and third parties who provide advertising, re-advertising, and/or programming services.

 

7.3. For the avoidance of doubt, in the event that privacy laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission under the law shall continue to apply. In accordance with the above provisions and in accordance with applicable law, we may use your personal data for recognised legal bases, including to comply with our legal obligations, to perform our contract with you, to achieve our legitimate interests and our reasons for using the data outweigh any prejudice to your data protection rights or where necessary in connection with a legal request.

 

7.4. Third parties may unlawfully intercept or access personal data transmitted to or contained on the website, technologies may malfunction or not work as intended, or someone may access, abuse or misuse information through no fault of ours. However, we will implement reasonable security measures to protect your personal data in accordance with the provisions of the law on the protection of personal information privacy; However, absolute confidentiality cannot be guaranteed, such as in the case of unauthorized disclosure arising from malicious hacking or sophisticated attacks by bad guys through no fault of ours.

 

8. INFORMATION COLLECTED BY THIRD PARTIES

 

8.1. Our Platform uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies, which are text files placed on your device, to help the Platform analyze how users use our Platform. The information generated by the cookie about your use of the Platform (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of our Platform, compile reports on website activity for website operators and provide other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google

 

8.2. We, and third parties, may from time to time make software application downloads available to you through the Platform or through the Services. These applications may separately access, and allow a third party to view, identifiable information about you, such as your name, your user ID, your device's IP Address or other information such as the game you are playing during any particular session, and any cookies you may have previously installed or that were installed for you by a third-party software application or website. In addition, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by Spices X. You should read the terms and other policies published by such third parties on their websites or elsewhere.

 

9. DISCLAIMER OF CONFIDENTIALITY AND THIRD PARTY WEBSITES

 

9.1. WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY WEBSITES. We implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or personal information you provide will be encrypted into our databases to be accessed only as described above.

 

9.2. In order to provide you with increased value, we may choose various third-party websites or applications or services to link to, and frame within, the Platform. We may also enter into co-marketing and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies and security measures. Even if the third party is affiliated with us, we have no control over these linked sites/applications/services, each of which has separate privacy and data collection practices independent of us. Data collected by our co-marketing partners or third party websites/applications/services (even if provided on or through our Platform) may not be accessible to and/or retained by us.

 

9.3. We therefore have no responsibility or liability for the content, security measures (or lack thereof) and activities of these linked websites/services. These linked websites/services are provided for your convenience only and you therefore access them at your own risk. However, we seek to protect the integrity of our Platform and the links placed on each of them and therefore welcome any feedback about these linked websites (including if a particular website does not work).