PERSONAL DATA PROTECTION POLICY

1. OUR COMMITMENT TO YOUR PRIVACY PROTECTION

• The Grand Ho Tram (“HTP”, “us” or “we”) fully respects your rights to privacy and utilizes the following practices regarding any information we are provided with or obtain.
• The privacy and security of your information is very important to us. Whether you are visiting our website, using our app, booking a room, or are a member of one of our programs, we want to keep you informed about how we use the information and of your choices in adherence to the principles of privacy, personal data protection, and in compliance with prevailing legal regulations.
• In adherence to the principles of privacy, personal data protection, and in compliance with prevailing legal regulations, this Personal Data Protection Policy (“Policy”) elucidates and informs about the specific instances in which HTP undertakes the processing and protection of your personal data during negotiations, contracts and transactions executions with HTP.

2. SCOPE OF APPLICATION

• This Policy is intended to be addressed to any Data subject (as defined below) who has, is or will be engaged in providing Personal Data to HTP, including but not limited to employees, customers, clients and other Data subjects in connection with organizations, enterprises are suppliers, service providers, merchants, partners, dealers, financial institutions, competent authorities, and any third parties in connection with HTP business or any services or any other third parties from whom HTP receives or to whom HTP provides any services and/or with whom HTP enters into, negotiates, or discusses for or in connection with any transactions or services and any of their personnel or authorized representatives.
• In this Policy, the following terms shall be construed as follows:
  • “The Grand Ho Tram” means Ho Tram Project Company Limited, a company incorporated and operating under the Laws of Vietnam whose registered office is at Phuoc Thuan Commune, Xuyen Moc District, Ba Ria – Vung Tau Province, Vietnam.
  • “Affiliates” means specialized departments of HTP, offices, HTP branches incorporated under the law of Vietnam.
  • “Personal data” refers to electronic information in the form of symbols, letters, numbers, images, sounds, or equivalences associated with an individual or used to identify an individual. The personal data includes general personal data and sensitive personal data.
  • “Data subject” refers to an individual to whom the data relates.
  • “Processing” means one or multiple activities that impact on personal data, by manual or automated means, including the collection, recording, analysis, confirmation, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction or other relevant activities.

3. WHAT PERSONAL DATA IS COLLECTED?

• At various times, we may collect your information and/or the persons’ accompanying you, including the following:
  • General Personal data: Surname, middle name and given name, other names (if any); Date, month, year of birth; date of death or going missing; Gender; Place of birth, place of birth registration, permanent residence, temporary residence, current address, hometown, contact address; Nationality; Personal image; Phone number, ID card number, personal identification number, passport number, driver’s license number, license plate, taxpayer identification number, social security number and health insurance card number; other personal document information if any; Marital status; Information about the individual’s family relationship (parents, children); Information about educational level, degrees; Information about the individual’s digital account number if any; Other information associated with an individual or used to identify an individual other than the aforementioned data.
  • Sensitive personal data: Political opinions, Religious beliefs; Health and privacy status recorded in medical records, excluding blood type information; Information related to racial or ethnic origin; Information about genetic data related to an individual’s inherited or acquired genetic characteristics; Information about an individual’s own biometric or biological characteristics; Data on crimes and criminal activities collected and stored by law enforcement agencies, other personal data stipulated by law as specific and requiring special protection (if any). Such information is collected to meet your requirements or provide you with a specific service or to conduct transactions/agreements. In this case, we will only process this data if you provide your express prior consent.
• We do not intentionally collect personal data from children or market products and services directly to children. The processing of personal data of a child is subject to his/her consent if he/she is seven years old or above and the consent of his/her parents or guardian(s), except for cases processing without the consent of data subject under current law.

4. WHEN IS YOUR PERSONAL DATA COLLECTED?

Personal data may be collected on a variety of occasions, including:

• For Customers:
  • Resort activities: Booking, checking-in and paying, hotel stays and services provided during a stay; eating/drinking at the hotel bar or restaurant during a stay, requests, complaints and/or disputes.
  • Participation in marketing programs or events: Signing up for our marketing/promotion programs; participation in customer surveys; subscription to newsletters, in order to receive offers and promotions via email (upon your subscription).
  • Transmission of information from third parties: tour operators, travel agencies (online or not), International Travel Operators…
  • Internet activities: Connection to our social networks, website, online forms (online reservation, questionnaires…), conversations with chatbot, etc..
  • Other information you provide to us by filling in forms or by communicating with us, whether in person, by phone, email, online or otherwise.
• For Employees:
  • Application procedures: applying for position in HTP.
  • Implementation of probationary agreements or employment agreements.
  • Transmission of information from third parties: employment services centers, Universities, Colleges or educational organizations, healthcare facilities, medical facilities, tax authorities, social insurance authorities for purpose of iimplementation of probationary agreements or employment agreements.
  • Other information you provide to us by filling in forms or by communicating with us, whether in person, by phone, email, online or otherwise.
• For Vendors:
  • Implementation of Order Forms/Purchase Orders, Contracts/agreements between the vendor and HTP from time to time or any other source of information (such as bidding documents, capability profiles, information through brokers, service requests, feedback…).
  • Transmission of information from third parties: Partner; operators…
  • Internet activities: Connection to our social networks, website, conversations with chatbot, etc.
  • Other information you provide to us by filling in forms or by communicating with us, whether in person, by phone, email, online or otherwise.

5. WHAT PURPOSES ARE YOUR DATA COLLECTED FOR AND HOW LONG DO WE RETAIN IT?

• The purposes of processing your personal data information vary according to each data subject. The processing of your personal data information commences upon receipt by HTP and concludes upon the fulfillment of all processing purposes as stipulated in this Policy. The table below sets out why we process your data that apply to each data subject, the lawful basis for the processing (“Purposes”).
• Except for the below circumstances, HTP commits not to disclose your personal data unless either (i) your explicit consent has been granted to HTP, or (ii) HTP is mandated to disclose such information in accordance with legal regulations. Under no circumstances shall HTP exchange, lease or sell your personal data without your explicit consent under any form.

6. METHODS OF PROCESSING YOUR PERSONAL DATA

• Methods: HTP processes your personal data utilizing both automated and manual methodologies. This includes activities such as collection, recording, analysis, verification, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, duplication, sharing, transmission, provision, transfer, deletion or other pertinent activities.
• Data storage: All your personal data will be securely stored with HTP’s dedicated database system. Access and usage of this data are strictly limited to authorized individuals and will be used solely for the Purposes in this Policy.
• Data transfer: In the event that your Personal Data necessitates transfer, storage, or processing outside of Vietnam for one or more of the aforementioned Purposes, HTP will adhere strictly to Article 8 of this Policy and the provisions of the law concerning personal data protection.

7. ENTITIES PERMITTED TO PROCESS OR PARTICIPATE IN PROCESSING PERSONAL DATA FOR THE ABOVE PURPOSES

• In particular, your personal data shall be shared between HTP, specialized departments of HTP, offices, HTP branches and other entities as follows:
  • HTP, specialized departments, offices, branches of HTP.
  • Service providers and partners: your personal data may be sent to a third party [IT sub-contractors, international call centers, banks, credit card issuers, external lawyers, legal services if applicable, dispatchers, printers, medical facilities, healthcare facilities (for human resources management purposes)] for aforementioned purposes.
  • Local authorities: We may be obliged to send your information to local authorities if this is required by law or as part of an inquiry. We will ensure that any such transfer is carried out in accordance with local regulations.
• You may grant authorization to HTP to transfer personal data to countries where HTP maintains offices, subsidiaries, affiliates for the aforementioned purposes, all in strict compliance with the law on personal data protection.

8. PROTECTION OF YOUR PERSONAL DATA DURING INTERNATIONAL TRANSFERS

• For the purposes set out in Article 5 of this Policy, we may transfer your personal data to internal or external recipients who may be in countries or regions offering different levels of personal data protection.
• This transfer, if any, is carried out exclusively for the purposes previously mentioned, and it is done in full adherence to the legal requirements governing personal data protection from time to time.
• Consequently, in addition to implementation of this Policy and stipulated provisions, HTP employs appropriate measures to ensure secure transfer of your personal data to an external recipient located in a country or region offering a different level of privacy from that in the country or region where the personal data was collected.

9. DATA SECURITY AND POTENTIAL ADVERSE CONSEQUENCES AND DAMAGES IF ANY

• Date security:
  • HTP employs robust measures to ensure the secure protection of your personal data.
  • HTP shall take appropriate technical, legal and organizational measures, in accordance with applicable legal provisions to protect your personal data against illicit or accidental destruction, alteration or loss misuse and unauthorized access, modification or disclosure.
  • To this end, we have taken technical measures (such as firewalls) and organizational measures (such as a user ID/password system, means of physical protection etc.) to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services. Organizational measures ensure the security of the processing.
• Restriction:
  • Due to inherent technical limitations, no data transmitted over the internet can be guaranteed to be completely secure. Consequently, while HTP exerts every effort and employs our measures to protect your personal data in accordance with the law, HTP cannot provide an absolute guarantee that the security of your personal data will be entirely free of any incidents.
  • As such, HTP cannot be held responsible in the event of unauthorized access to your personal data, or if you voluntarily share information with others, or in the case of hardware/software errors during data processing leading to data loss, security vulnerabilities, or hacking attacks resulting in data disclosure beyond HTP’s control.

10. YOUR RIGHTS AND OBLIGATIONS

• Rights: You possess rights in relation to the processing of information as per legal regulations:
  • These rights include the right to be informed, to give or withhold consent, to access data, to withdraw consent, to erase data, to restrict data processing, to provide data, to object to data processing, to lodge complaints, to denounce, to initiate legal proceedings, to request compensation for damages, and to self-defend.
  • These rights are applicable except when you and/or HTP’s are fulfilling their obligations through Contracts/agreements/other written forms to meet tax, accounting, auditing obligations, to provide information as required by competent state agencies, in other cases as stipulated by current legal regulations.
  • Please note that some of the rights of personal data subjects according to the law such as: Right to withdraw consent, right to delete personal data, right to obtain restriction on processing may be limited due to the Anti-money Laundering Law in Vietnam, specific legitimate regulations for HTP’s business industry and other legislative provisions in Vietnam.
• Obligations:
  • You are advised to safeguard their data that is in their possession; to provide, update comprehensively, and accurately the data for HTP to process as stipulated in this document; to adhere to the regulations of the law on personal data protection and other obligations as mandated by the law; to submit a written request to HTP for assistance in processing, within the capability of HTP, to prevent or limit the disclosure of personal data when observing violations in the processing of personal data, except in cases where the law provides otherwise.
  • In instances where you provides personal data of a third party (such as information of spouse, child and/or parent and/or guardians, friends, beneficiaries, representatives, contact persons, information provider for reference…) to HTP, you acknowledge and ensure that the third party is cognizant of the content of this document and consents fully to HTP processing their personal data in accordance with legal regulations. Concurrently, you affirm that HTP is not required to evaluate and bears no responsibility for the approval of the third party in this context.
• More information:
  • In the event that you wish to exercise any of your above rights, please contact our Legal department directly by sending an email to [email protected] or by writing to the address below:

             Ho Tram Project Company Limited
             Ho Tram Hamlet, Phuoc Thuan Commune, Xuyen Moc District, Ba Ria – Vung Tau Province, Vietnam

• • For the purposes of confidentiality and personal data protection, we will need to check your identity in order to respond to your request. In case of reasonable doubts concerning your identity, you may be asked to include a copy of an official piece of identification, such as an ID card or passport, along with your request.
  • You may also exercise your rights in respect of your personal data that is stored and processed by our resort. To do this, you must contact the hotel directly. You will find all the necessary information to contact our resort on thegrandhotram.com. If you need any assistance, please contact our Legal Department by writing to [email protected] or to the above postal address.
  • All requests will receive a response as swiftly as possible.

11. COOKIES

• When you visit www.thegrandhotram.com, we place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve.
• The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable this website to recognize the information you have consented to give to this website and help us determine what portions of this website are most appropriate for your professional needs.

12. LINKS PROVIDED TO OTHER SITES

• Exclusion of confidential obligations:
  • There may be links to other websites from www.thegrandhotram.com; however, these other websites are not controlled by HTP, and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against HTP regarding the inclusion of links to outside websites or your use of those websites.
  • thegrandhotram.com may recommend the services of partners or other companies which you may choose to use during your trip; however, you agree that we are not responsible for any grievance of loss suffered by you in relation to your use of such companies and their services. You waive any and all claims against HTP regarding your dealings with HTP suppliers or partner companies.
• Governing law:
  • Some states, provinces and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state, provincial or national provisions.
  • Governing Law and Venue This Agreement shall be interpreted, construed and governed by the laws of Vietnam, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of Vietnam and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, HTP shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of HTP, such action is necessary or desirable.
  • No action of HTP other than an express written waiver or amendment may be construed as a waiver or amendment of any of these terms and Conditions of this Policy. Should any clause of these Terms and Conditions of this Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
• Others:
  • Links to Other Websites – the sites to which we link, including but not limited to the sites of subsidiaries and third-party content providers, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of linked sites and encourage you to become acquainted with them.
  • Other Sites MAY: Point or link from a site directly to content within thegrandhotram.com.
  • Other Sites MAY NOT: Copy, modify or display HTP name, logo, text or graphic images in any way without explicit written permission from HTP. Materials on this site are copyrighted by HTP unless otherwise noted.
  • Redeliver any of the pages/text/images/content of www.thegrandhotram.com website or use “framing” technology without the express written permission of HTP.

13. MODIFICATIONS

This Policy may be updated from time to time and the updated version will be posted on our website at www.thegrandhotram.com. The Data subjects are advised to visit our website regularly to check for any amendments.

14. QUESTIONS AND CONTACTS

For any questions concerning HTP’s personal data protection policy, please contact us at the relevant address below:

     Ho Tram Project Company Limited
     Ho Tram Hamlet, Phuoc Thuan Commune, Xuyen Moc District, Ba Ria – Vung Tau Province, Vietnam.
     Email: [email protected].
     Phone number: +84 254 378 8888.

15. Q&A

• Q: What is PDP?
  A: PDP stands for Personal Data Protection, which refers to the protection of personal data or information. It involves policies, procedures, and measures designed to safeguard the privacy and confidentiality of individuals’ personal information.

• Q: Why do I have to sign the PDP notification?
  A: The act of signing a PDP notification is necessary and mandatory since:
  • The purpose of the PDP notification is to safeguard the privacy rights of your personal data. It elucidates and informs about the specific instances in which HTP undertakes the processing and protection of your personal data during negotiations, contracts, and transaction executions with HTP. It is also a way for HTP to demonstrate our commitment to respecting privacy rights and complying with data protection laws. It outlines your rights and obligations, allowing you to recognize, control, and exercise your rights when sharing your personal information.

• • For HTP’s negotiation process, contract execution, and service provision to you, HTP needs to collect your personal information. According to current laws, when HTP collects basic information such as your name and your date of birth (you can refer to what constitutes Personal Data in section 3), HTP must obtain your consent through the PDP notification format. Therefore, signing PDP notification is necessary as per legal requirements, enabling HTP to negotiate, execute contracts, and provide services to you.

• Q: Who is in charge of overseeing, regulating, and accessing my data?
  A: The oversight, regulation, and access to your personal data typically involve several entities:
  • HTP, specialized departments, offices, branches of HTP.

• • Service providers and partners: your personal data may be sent to a third party [IT sub-contractors, international call centers, banks, credit card issuers, external lawyers, legal services if applicable, dispatchers, printers, medical facilities, healthcare facilities (for human resources management purposes)] for aforementioned purposes.
  • Local authorities: We may be obliged to send your information to local authorities if this is required by law or as part of an inquiry. We will ensure that any such transfer is carried out in accordance with local regulations.

Additionally, with your authorization, HTP can transfer personal data to countries where HTP maintains offices, subsidiaries, affiliates for the aforementioned purposes, all in strict compliance with the law on personal data protection.

• Q: What would be the consequences if I choose not to sign the PDP notification?
  A: If you don’t sign the PDP notification, it cannot ensure that HTP can legally negotiate, execute contracts, and provide services to you while safeguarding your privacy rights. Furthermore, you cannot acknowledge and exercise control over your personal data during our processes. Remember that this step is essential to comply with legal requirements and mainly protect your privacy.

• Q: What are my rights and obligations when I sign such PDP notification?
  A:
  Your Rights:

• • You have the right to be informed, give or withhold consent, access data, withdraw consent, erase data, restrict data processing, provide data, object to data processing, lodge complaints, denounce, initiate legal proceedings, request compensation for damages, and self-defend.
  • These rights are applicable except when you and/or HTP’s are fulfilling their obligations through Contracts/agreements/other written forms to meet tax, accounting, auditing obligations, to provide information as required by competent state agencies, or in other cases as stipulated by current legal regulations.
  • Some of the rights of personal data subjects according to the law such as the right to withdraw consent, right to delete personal data, right to obtain restriction on processing may be limited due to the Anti-money Laundering Law in Vietnam, specific legitimate regulations for HTP’s business industry, and other legislative provisions in Vietnam.

      Your Obligations:

• • You are advised to safeguard your data that is in your possession.
  • You are required to provide, update comprehensively, and accurately the data for HTP to process as stipulated in this document.
  • You need to adhere to the regulations of the law on personal data protection and other obligations as mandated by the law.
  • You should submit a written request to HTP for assistance in processing, within the capability of HTP, to prevent or limit the disclosure of personal data when observing violations in the processing of personal data, except in cases where the law provides otherwise.
  • If you provide personal data of a third party to HTP, you acknowledge and ensure that the third party is cognizant of the content of this document and consents fully to HTP processing their personal data in accordance with legal regulations. Concurrently, you affirm that HTP is not required to evaluate and bears no responsibility for the approval of the third party in this context.

• Q: Can I withdraw or amend my personal data after it has been provided?
  A:

• • You can withdraw or amend information after it has been provided.
  • In case of withdrawal, please note that:
    • The withdrawal of your consent shall not affect the lawfulness of the processing to which consent was given before it is withdrawn.
    • The withdrawal of your consent shall be expressed in a format that can be printed and reproduced in writing. In order to withdraw of your consent, please contact us at the relevant address below for further guidance:

                   Ho Tram Project Company Limited
                   Ho Tram Hamlet, Phuoc Thuan Commune, Xuyen Moc District, Ba Ria – Vung Tau Province, Vietnam.
                   Email: [email protected].
                   Phone number: +84 254 378 8888.

• • In the event that some of the rights of personal data subjects according to the law such as the right to withdraw consent, the right to delete personal data, the right to obtain restriction on processing may be limited due to the Anti-money Laundering Law in Vietnam, specific legitimate regulations for HTP’s business industry, and other legislative provisions in Vietnam. Therefore, while you generally have the right to withdraw or amend information, there may be certain circumstances where this right is limited.
• Q: Could I ask HTP to resend the personal data that I previously provided to HTP?
  A: Yes, you have the right to request HTP to provide your personal data you have previously provided.
• Q: Is it permissible for HTP to utilize my personal data and photographs for the purpose of brand advertising and financial gain without obtaining my approval?
  A: Except for the purposes mentioned in this Policy, HTP commits not to disclose your personal data unless either (i) your explicit consent has been granted to HTP, or (ii) HTP is mandated to disclose such information in accordance with legal regulations. Under no circumstances shall HTP exchange, lease or sell your personal data without your explicit consent under any form.
• Q: Are there any security measures applied by HTP to protect my provided personal data?
  A: HTP employs robust measures to ensure the secure protection of your personal data, including but not limited to:

• • Except for the circumstances mentioned in this Policy, HTP commits not to disclose your personal data unless either (i) your explicit consent has been granted to HTP, or (ii) HTP is mandated to disclose such information in accordance with legal regulations.
  • Under no circumstances shall HTP exchange, lease or sell your personal data without your explicit consent under any form.
  • HTP, from time to time, shall take appropriate technical, legal and organizational measures, in accordance with applicable legal provisions to protect your personal data against illicit or accidental destruction, alteration or loss misuse and unauthorized access, modification or disclosure. To this end, we have taken technical measures (such as firewalls) and organizational measures (such as a user ID/password system, means of physical protection etc.) to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services. Organizational measures ensure the security of the processing.

• Q: If I discover a violation, what should I do?
  A: If you discover a violation related to personal data protection, here are some steps you can take:

• • Document the Details: note down the specifics of the violation, including dates, times, and any evidence you have; identify which organization or individual is involved.
  • Contact HTP at below information:
    • Ho Tram Project Company Limited
    • Ho Tram Hamlet, Phuoc Thuan Commune, Xuyen Moc District, Ba Ria – Vung Tau Province, Vietnam.
    • Email: [email protected].
    • Phone number: +84 254 378 8888
  • HTP shall investigate the matter and take appropriate action. HTP commits to handling all violations in accordance with current regulations.

• Q: Whom and at which location should I reach out if I need more information?
  A: For any questions concerning HTP’s personal data protection policy, please contact us at the relevant address below:

Ho Tram Project Company Limited

Ho Tram Hamlet, Phuoc Thuan Commune, Xuyen Moc District, Ba Ria – Vung Tau Province, Vietnam.

Email: [email protected].

Phone number: +84 254 378 8888.