PURPOSE

Bien Dong Seafood Limited Liability Company (the Bien Dong Seafood) is committed to protecting the privacy of its  employees and others who interact with it while undertaking its production, research, engagement, and associated administrative activities and support services. All staff and functional units of the Bien Dong Seafood have an obligation to be aware of and implement the privacy principles and practices established by legislation and articulated in this and other related policies.

This Policy provides guidance on the Bien Dong Seafood’s approach to its information handling practices and that of its Controlled Entities in relation to the information collected from its students, employees and others who interact with it.

Privacy Principles

In handling Personal and Health Information, the Bien Dong Seafood and its Controlled Entities align their practices as follows. Where there are additional requirements due to differences between the Bien Dong's Policy and Article 38 of the Civil Code, Cybersecurity Law 2015, specifically the classification of Health Information as Sensitive Information by the Article 38 of the Civil Code, Cybersecurity Law 2015 these have also been articulated below.

Collection and Use

The Bien Dong Seafood and its Controlled Entities may collect and use Personal and Health Information only for lawful purposes that are directly related to a function or activity of the Bien Dong Seafood or Controlled Entity, and where the Information is reasonably necessary for that purpose; for a directly related purpose that the individual would expect; or for a purpose for which the individual has given consent, unless an exemption applies. 

Disclosure

The Bien Dong Seafood may disclose information held about an individual under various circumstances including the following:

• if the disclosure is directly related to the purpose for which the information was collected and the Bien Dong Seafood has no reason to believe that the individual concerned would object to the disclosure; or
• the individual concerned is reasonably likely to have been aware or is aware that information of that kind is usually disclosed to that party; or
• the Bien Dong Seafood believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious or imminent threat to an individual’s life or health; or
• consent has been given by the individual; or
• disclosure is otherwise authorised, permitted, or required by law.

The Bien Dong Seafood cannot disclose an individual’s Sensitive Information without consent unless the disclosure is necessary to prevent a serious or imminent threat to the life or health of an individual. For Controlled Entities, this also includes Health Information.

Transborder Disclosure by Bien Dong Seafood

In addition to the normal disclosure rules, the Bien Dong Seafood will not disclose (or transfer) Personal or Health Information of individuals to any person or body outside Vietnam or overseas unless an exemption applies.

Cross Border Disclosure by Controlled Entities

Controlled Entities can only use and disclose Personal Information for a purpose for which it was collected (“primary purpose”) or for a secondary purpose if an exemption applies.

Generally, the Bien Dong Seafood’s Controlled Entities do not disclose Personal Information (including Sensitive Information) outside Vietnam.

However, some service providers do operate overseas or use third party hosting arrangements that store Information outside Vietnam. If this occurs, the Controlled Entity is required to take reasonable steps to ensure the overseas recipients treat the Personal Information in accordance with the Vietnam Privacy Principles and make that overseas recipient accountable if the Information is mishandled.

Retention, Security and Disposal

The Bien Dong Seafood and its Controlled Entities will retain information for as long as necessary for the purpose for which it may lawfully be used, subject to the requirements of any other law.

The Bien Dong Seafood and its Controlled Entities will take reasonable measures to protect information held against loss, misuse, interference and unauthorised access, modification or disclosure.

The Bien Dong Seafood and its Controlled Entities may need to retain records for a significant period of time to comply with their legal obligations. Information that is no longer required will be archived in accordance with the Bien Dong Seafood’s retention obligations or securely destroyed in accordance with the Bien Dong Seafood’s disposal procedures.

The Bien Dong Seafood may engage a third-party who may hold Personal or Health Information. Where it does so the agreement with the third-party should include provisions for the security, retention and disposal of the information. The third-party contracts should also include obligations to comply with all relevant privacy legislation, where applicable. The completion of a Privacy Impact Assessment should be considered prior to engaging with the third-party.

Access and Correction

An individual may apply to the Bien Dong Seafood or its Controlled Entities to access, correct or amend Personal Information held about them without excessive delay or expense, subject to any exceptions in relevant legislation.

All requests for access should follow the Request for Information process as outlined in the Privacy Management Plan. Note that access to information about a third party is not accessible under the Article 38 of the Civil Code and Article 21 of the 2013 Constitution.

Requests to correct Personal Information can be made informally or through a formal process as outlined in the Privacy Management Plan.

Access Requests for Information

Any individual may also request access to Bien Dong Seafood records and information held by the Bien Dong Seafood (but not a Controlled Entity) under the Article 38 of the Civil Code and Article 21 of the 2013 Constitution.

Under the Article 38 of the Civil Code and Article 21 of the 2013 Constitution access to information is provided only to the person to whom the information relates.

A request can be made to the Bien Dong Seafood about any information it holds by contacting the Right to Information Officer by email at [email protected].

Data Breaches

The Bien Dong Seafood complies with mandatory data breach notification provisions of applicable laws. Identified or suspected data breaches must be reported in a timely manner and handled in accordance with the Bien Dong Seafood’s Data Breach Policy.

Complaints

Complaints about privacy breaches by the Bien Dong Seafood are handled in accordance with the Bien Dong Seafood’s Privacy Management Plan.

Complaints about privacy breaches by the Controlled Entities are handled in accordance with the relevant Controlled Entity’s Privacy Policy.

If an individual has a complaint about how their Personal or Health Information is collected, held, used, secured or disclosed by the Bien Dong Seafood they should contact the Bien Dong Seafood’s Privacy Officer in the first instance as follows:

• Email: [email protected];
• Mail: Company Privacy Officer, Bien Dong Seafood Co., Ltd (Lot II - 18B1, 18B2, Tra Noc II IDZ, Phuoc Thoi Ward, O Mon District, Can Tho City, Vietnam); or
• Phone: +84 292 3844 201.

Or use your smartphone to scan the QR code below to fill out the complaint information (Direct link here).