Rider BlogMerchant Blog

Privacy Policies

PERSONAL DATA PROTECTION POLICY

 

Version dated: 03 January 2023

 

BAEMIN understands that our users care about their personal data and how it is collected, used, shared and processed for. We are committed to handling your personal data in accordance with the applicable laws when you use any of the features, functions, mini-apps or mobile games available on our Platform or Services, interact with us via an external service, application or through our customer service agents, or access our Services or our Platform through your computer, mobile device, or any other devices with Internet connectivity.

 

PLEASE READ THIS PERSONAL DATA PROTECTION POLICY CAREFULLY. BY CLICKING OR CHECKING  “I AGREE TO THE PERSONAL DATA PROTECTION POLICY OF BAEMIN” OR SIMILAR STATEMENTS AVAILABLE AT BAEMIN REGISTRATION PAGE OR IN THE COURSE OF PROVIDING YOU WITH THE SERVICES OR ACCESS TO THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS PERSONAL DATA PROTECTION  POLICY AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DISCLOSURE, STORAGE, TRANSFER AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.

 

Introduction to this Personal Data Protection Policy

BAEMIN and its affiliates (collectively or individually, "BAEMIN", "we" or "us") take your Personal Data Protection seriously. In Vietnam, the BAEMIN entity controlling your personal data will be Woowa Brothers Vietnam Company Limited.

 

 

In the course of you using BAEMIN’s applications and websites, as well as products, information, functions and other services operated by BAEMIN, we will be collecting, using, disclosing, storing and/or processing data, including your personal data. In this Personal Data Protection Policy, “Platform” shall refer to all relevant applications and websites, and “Services” shall refer to all products, information, functions and services provided by BAEMIN from time to time on the Platform(s).

 

This Personal Data Protection Policy exists to keep you in the know about how we collect, use, disclose, store and/or process the data we collect and receive during the course of providing the Services or access to the Platform to you, our user, whether or not you have registered to use our Platform as a Customer (as defined in the Terms of Use), a Merchant or a Rider. We will only collect, use, disclose, store and/or process your personal data in accordance with this Personal Data Protection Policy.

 

We may update this Personal Data Protection Policy from time to time. Any changes we make to this Personal Data Protection Policy in the future will be reflected on this page and material changes will be notified to you. Where permissible under applicable laws, your continued use of the Services or access to the Platform, including placing Orders (as defined in the Terms of Use) on the Platform, expressly consent through your consent on/off function on the Platform or express your consent by other means to your continued use of the Services or access to the Platform, following the modifications, updates or amendments to this Personal Data Protection Policy (whether or not you have reviewed such document) shall constitute your acknowledgment and acceptance of the changes we make to this Personal Data Protection Policy. You agree that it is your responsibility to review and check the Personal Data Protection Policy frequently to see if any updates or changes have been made to this Personal Data Protection Policy.

 

This Personal Data Protection Policy applies in conjunction with other notices, contractual clauses and consent clauses that apply in relation to the collection, storage, use, disclosure and/or processing of your personal data by us and is not intended to override them unless we state expressly otherwise.

 

All of these terms apply to BAEMIN's users, whether or not the users have created an account as Customers, Merchants and/or Riders unless otherwise stated specifically to apply only to Customers or only to Merchants or only to Riders.

 

The personal data we collect from you

 

We collect the personal data described below in accordance with Vietnamese laws and, if required, upon obtaining your consent.

 

“Personal data” means any data about an individual, whether recorded in a physical form or not and whether true or not, who can be identified from that data (whether directly or indirectly), or from that data and other data to which we have or are likely to have access.

 

Depending on your use of our Platform and/or your interaction with our Services (such as when registering for our Services and/or logging into our Platform), you may be asked to provide us with certain personal data. While you can choose not to provide us with certain personal data, you might not be able to take advantage of many of our Services that are provided to you. The personal data that you may opt to provide to us are as follows:

 

Identity and Profile Data, which may include your full name, date of birth, gender, username and password, email address, telephone number, your interests, and any personal data in any photographs or videos or audio recordings that you upload onto our Platform. 

 

Account and Transaction Data, which may include your credit card details, bank account details, e-wallet details, bank statements, delivery/billing address, payments and orders to and from you, and other details of products and services that you have supplied to or purchased through the Platform.

 

Usage Data, such as information about how and when you use the Platform, products and Services or view any content on the Platform, as well as websites you were visiting before you came to the Platform and other similar statistics.

 

Marketing and Communications Data, which may include your interests, survey responses, preferences in receiving marketing materials from us and your communication preferences, your preferences for particular products or services, as well as your feedback, chat, email or call history on the Platform or with third party service providers.

 

Location data, such as when you check for deals near you or the delivery/pick-up status of orders.

 

We automatically collect and process certain types of personal data when you use your devices to access our Platform and interact with our Services for the purposes set out herein.

 

How we receive your personal data

 

During the course of your use of the Platform and our provision of the Services, we may receive personal data from you in the following situations:

 

When you access our Platforms;

 

When you create an account or execute an agreement with us (as Customers or Merchants or Riders or otherwise);

 

When, as a Merchant, you list products and/or services for sale on the Platform and/or on the platforms of our affiliates and conduct transactions with Customers in respect of the sale and purchase of those products and/or services;

 

When you sign up for, subscribe to or otherwise use any of the Services on our Platform and/or on the platforms of our affiliates;

 

When you make a transaction regarding the products available on the Platform;

 

When you activate or use any payment-related functions available on the Platform or provided by our third party service providers;

 

When you use any of the features, functions, mini-apps or mobile games available on the Platform or Services;

 

When you record any user-generated content which is uploaded on the Platform;

 

When you use the chat function on the Platform;

 

When you subscribe to our publications or marketing collaterals;

 

When you enter any competition, promotion, survey, activity or campaign on the Platform;

 

When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;

 

When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;

 

When a third party lodges a complaint against you or the content you have posted on the Platform; and

 

When you interact with us offline, including when you interact with our outsourced customer service agents.

 

We may collect personal data from you, third parties (including but not limited to agents, vendors, contractors, partners and any others who provide services to us, who collect your personal data and/or perform functions on our behalf, or with whom we collaborate, including but not limited to payment service providers, government sources of data, financial services providers, credit institutions, delivery partners, marketing and other service partners), our affiliates, or such data may be collected automatically when you use the Platform or the Services, as set out in this section. Please see also Sections 2.12 to 2.16 on the collection of computer data.

 

During the course of your use of the Platform and our provision of the Services, you agree that you have provided your consent (whether to us, the third party or our affiliates) to the transfer of your personal data from third parties and/or our affiliates to BAEMIN for the purposes set out in this Personal Data Protection Policy or any other terms.

 

You agree to only submit personal data which is accurate and not misleading and to keep it up to date and inform us of any changes to the personal data that you have provided to us. We shall have the right to request for documentation and carry out the necessary checks to verify the personal data provided by you as part of our user verification processes or as required under law.

 

We will only be able to collect certain categories of personal data if you voluntarily provide the personal data to us or as otherwise provided for under this Personal Data Protection Policy. If you choose not to provide your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with certain features or functionality on the Services or access to the Platform.

 

If you provide personal data of any third party to us, you represent and warrant that you have obtained the necessary consent, license and permissions from that third party to share and transfer his/her personal data to us, and for us to collect, store, use, disclose or otherwise process that data in accordance with this Personal Data Protection Policy.

 

If you sign up to be a user on our Platform using your social media account or link your BAEMIN account to your social media account or use certain BAEMIN social media features, we may access personal data about you which you have voluntarily provided to your social media provider in accordance with the provider's policies and we will manage your personal data in accordance with this Personal Data Protection Policy.

 

Collection of computer data

 

We or our authorized service providers may use cookies, web beacons, and other similar technologies in connection with your use of the Services or access of the Platform.

 

When you visit the Platform through your computer, mobile device, or any other device with Internet connection, our company servers will automatically record data that your browser sends whenever you visit a website, such as the technical data and usage data outlined in Section 2.3 above.

 

This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide, as well as to help us to personalize the content to match your preferred interests more quickly. The data is also collected to make the Services and the Platform more convenient and useful to you, and to provide more relevant advertising related to market products, services and features to you.

 

Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser. Web beacons are small graphic images that may be included on our Services and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.

 

You may be able to manage and delete cookies through your browser or device settings. However, certain cookies are required to enable core functionality (such as adding items to your shopping basket), so please note that changing and deleting cookies may affect the functionality available on the Platform or through our Services.

 

Purpose of use and scope of collection of your personal data

 

Purpose of use

 

We collect, use and disclose personal data for the purposes described below in accordance with Vietnamese laws and, if required, upon obtaining your consent.

 

Depending on your relationship with us (for example, whether you are a Customer, a Merchant, a Rider, a visitor to our websites, or a user of our mobile applications), the personal data which we collect from you or via third parties may be used for certain purposes, as follows:

 

To facilitate your use of the Services or access to the Platform, including:

 

To process orders you place through the Platform;

 

To deliver the products you have purchased through the Platform;

 

To update you on the delivery of the products;

 

To provide customer support for your orders, for example, to return products that you have purchased through the Platform; 

 

To verify and carry out payment transactions (including any credit card payments, bank transfers, offline payments, remittances, or e-wallet transactions) in relation to payments related to you, promotions participated by you and/or Services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers;

 

To display your name, username or profile on the Platform (including on any reviews you may post);

 

To facilitate the use of the mini-apps available on the Platform and purchases made via these mini-apps;

 

To respond to your queries, feedback, claims or disputes, whether directly or through our third party service providers;

 

To display on scoreboards on the Platform in relation to campaigns, mobile games or any other activities;

 

To allow other users to identify you as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the socialising function of the Services (where applicable);

 

To facilitate the integration of third party’s loyalty membership programmes (including those supported by Merchants) with our Platform.

 

To administer the online account that you may have set up with us.

 

To conduct analytics, research, business and development, including: 

 

To better understand user experience with the Services and the Platform;

 

To improve the layout or content of the pages of the Platform and customise them for users;

 

To identify visitors on the Platform;

 

To conduct surveys, including carrying out research on our users’ demographics and behaviour to improve our current technology;

To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;

 

To conduct data analysis, testing and research, monitoring and analysing usage and activity trends; and

 

To further develop our products and services.

 

Legal and operational purposes

 

To ascertain your identity in connection with fraud detection purposes;

 

To compare information, and verify with third parties in order to ensure that the information is accurate;

 

To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;

 

To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;

 

To store, host, back up your personal data for operational, legal or business purposes;

 

To share personal data in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we satisfy the requirements of applicable data protection law when disclosing your personal data;

 

To prevent or investigate any actual or suspected violations of our Terms of Use, Personal Data Protection Policy or any of our policies, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;

 

To perform due diligence checks;

 

To comply with legal and regulatory requirements (including, where applicable, the display of your name, contact details and other details), including any law enforcement requests, requests by any governmental or regulatory authority having jurisdiction over BAEMIN, in connection with any legal proceedings, or as otherwise deemed necessary by us; and

 

To protect the life, health or personal safety of BAEMIN’s employees, our users and/or the public.

 

To conduct marketing and advertising activities.

 

Any other purpose to which your consent has been obtained, in compliance with our obligations under applicable laws, including to notify you at the time of obtaining your consent.

 

Persons or organizations who can access personal data

 

We may share your personal data with and/or transfer your personal data to third parties and/or our affiliates for the above-mentioned purposes. These third parties and affiliates, which may be located inside or outside Vietnam, include but are not limited to:

 

Service providers (such as agents, vendors, contractors and partners) in areas such as payment services, logistics and shipping, marketing, data analytics, market or consumer research, survey, social media, customer service, consulting service, audit service, legal service, installation services, information technology and website hosting;

 

The affiliates of the service providers; 

 

Courts, tribunals, enforcement agencies, governmental or regulatory authorities having jurisdiction over BAEMIN; and

 

Other users of the Platform or Services.

 

In disclosing your personal data to them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as your personal data is needed to achieve the above-mentioned purposes.

 

Your rights relating to personal data

 

Without prejudice to your rights provided under applicable laws, you shall have the following rights relating to your personal data stored on our Platform:

 

Withdrawal of consent to continued use, disclosure, storing and/or processing of personal data

 

You may communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your personal data by contacting us using the contact details below, subject to the conditions and/or limitations imposed by applicable laws or regulations.

 

Please note that if you communicate your withdrawal of your consent to our use, disclosure, storing or processing of your personal data for the purposes and in the manner as stated above or exercise your other rights as available under applicable local laws, we may not be in a position to continue to provide the Services to you or perform any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.

 

Access and correction of personal data 

 

It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.

 

You can update your personal data anytime by accessing your account on the Platform or contacting us using the contact details below.

 

We may take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.

 

You may request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed, stored or processed by us via the personal account information setting on our Platform or by contacting us using the contact details in Section 11.2 below. You may also request correction of any error or omission in your personal data which we have collected in the same way. In order to facilitate processing your request, it may be necessary for us to request further information relating to your request. Where permissible under law, we may refuse such correction requests if deemed vexatious or unreasonable. 

 

Personal data protection commitment

 

To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks during the course of your use of our Platform and/or Services, we have introduced appropriate administrative, physical and technical measures such as:

 

Restricting access to personal data to individuals who require access;

 

Maintaining technology products to prevent unauthorised computer access;

Using (secure sockets layer) encryption technology when processing your financial details; and/or

 

Implementing other security measures as required by applicable laws.

 

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures. You are also advised to exercise caution with respect to the sharing of your personal data and your authentication/security details (such as passwords, credit card details, transaction details) outside of our Platform/Services.

 

Data retaining period

 

We will only retain your personal data for as long as we are either required or permitted to by laws or as relevant for the purposes for which it was collected.

 

We will cease to retain your personal data by securely disposing of the same or remove the means by which the data can be associated with you through processes authorized by law, as soon as (i) it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose and/or (ii) the period of information storage is terminated in accordance with the law and/or (iii) there is a request from you for the disposal of personal data.

 

Minors

 

You hereby confirm and warrant that you are above the age of minority and you are capable of understanding and accepting the terms of this Personal Data Protection Policy. If you are a minor, you may use our Platform only with the involvement of a parent or legal guardian.

 

As a parent or legal guardian, please do not allow minors under your care to submit personal data to BAEMIN. In the event that such personal data of a minor is disclosed to BAEMIN, you hereby consent to the processing of the minor’s personal data and accept and agree to be bound by this Personal Data Protection Policy and take responsibility for his or her actions.

 

We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.

 

Third party services and sites

 

We may share your personal data with our third party service providers or affiliates (e.g. payment service providers) in order for them to offer their services to you in conjunction with your use of the Platform or our Services. Your acceptance and use of the third party service provider’s or our affiliate’s services shall be subject to terms and conditions as may be agreed between you and the third party service provider or our affiliate. Upon your acceptance of the third party service provider’s or our affiliate’s service offering, the collection, use, disclosure, storage, transfer and processing of your data (including your personal data and any data disclosed by us to such third party service provider or affiliate) shall be subject to the applicable personal data protection policy of the third party service provider or our affiliate, which shall be the data controller of such data. You agree that any queries or complaints relating to your acceptance or use of the third party service provider’s or our affiliate’s services shall be directed to the party named in the applicable personal data protection policy.

 

The Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the personal data protection practices of websites operated by these other parties. You are advised to check on the applicable personal data protection policies of those websites to determine how they will handle any information they collect from you.

 

Please note that even if the third party is affiliated with us, we have no control over these third party websites, each of which may have their own separate personal data protection and data collection practices independent of us. We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

                                                                

Cross-border transfer of personal data

 

Any transfer of your personal data collected in accordance with this Personal Data Protection Policy outside of Vietnam shall comply with regulations of Vietnamese laws.

 

Mechanism of receiving and processing complaints of users relating to personal data being used improperly with the announced purpose or scope

 

In case you have any suspicions about your personal data being used with improper purpose or scope of use that we announced, you can submit your questions or complaints about our use of your personal data via our online chat service or our contact details specified in Section 11.2.

 

Our data protection officer will receive your complaints and subject to the nature and degree of your queries or complaints, we will have detailed measures to resolve your queries or complaints.

 

Address of entity collecting and managing data, including contact method for users to inquire about the collection, process activities of information related to the consumer

 

11.1     If you have any questions relating to personal data protection or data privacy, please refer to our list of data protection/data privacy frequently asked questions.

 

11.2     If you have other concerns or questions about our data protection/data privacy practices, or wish to exercise any rights you may have under applicable law, please feel free to contact us via our online chat service or as follows: