PRIVACY POLICY

This Privacy Policy is made to protect and maintain the privacy and confidentiality of the Customer. The Customer are expected to read this Privacy Policy carefully before using Our Services provided in this Platform. This Privacy Policy does not apply to any websites or mobile applications which are not operated by Us that You may access via the Platform. Such services are governed by the privacy policies appearing on those sites and applications.

Depending upon Your relationship with Us, You may receive other privacy notices from Us providing additional detail about Our privacy practices. By accessing and using the Services provided in the Platform, the Customers acknowledge that they have read, understood and agreed to the content written in this Privacy Policy and the Platform’s terms of use. If you do not agree to this Privacy Policy or the Platform’s terms of use, please do not use the Platform. The Platform is not for use within any country or jurisdiction or by any persons where such use would constitute a violation of law. If this applies to You, You are not authorized to access or use the Platform.

  1. DEFINITION

Other than stipulated in this Privacy Policy, the following definitions shall have the definition, meanings and interpretation as stipulated below:

Atome Lending Partner” means any Atome’s partner that provides the Loan to the Customer through the Platform.

You” or “Your” or “Customer” or “Customers”(as the context may require) means any party who uses the Platform and/or Services whether registered or not with the Platform.

Personal Information” means all data, statements, information and documents, including but not limited to name, telephone number, identity number, date of birth, gender, marital status, email, address, residence time, occupation, bank account, instant messaging applications such as WhatsApp, Viber etc., both in electronic and non-electronic form that may identify an individual, including the registered contact and information of or relevant to the Customers and/or any parties related to the Customer (including but not limited to family, colleagues, employees, representatives of companies or the Customer’s service providers, if required) received or accessed by Us from the Customer, submitted, given or disclosed by the Customer to Us, according to the Customer's consent and stored and managed in connection with the provision of Services on the Platform and in order to use the Services on the Platform by the Customers. Personal Information shall also includes the Customer’s list of application, global positioning system (GPS) location, multimedia, access record, calendar, call history, and camera of the Client’s device when the Customer uses the Platform.

We or “Us” or “Our” (as the context may require) means Atome Vietnam Company Limited, a company established under the Vietnamese laws with the Enterprise Registration Certificate No. 0315463114 issued by the Department of Planning and Investment of Ho Chi Minh City dated 05 January 2019, which operates and manages the Platform.

Services” means collectively: (i) Our website and/or application; and (ii) any content, feature, services, and functions which are available on or through Our website and/or application, e-mail notifications, buttons, widgets, and advertisements.

Platform” is (a) web portal and/or mobile version of web portals created, owned and operated by Us which can currently be accessed at the following URL: [insert link] along with any URL changes from time to time; and/or (b) mobile applications created, owned and operated by Us.

Agreements” mean the pawn agreement, bailment agreement and consultancy agreement, entered into between the Customer and Us and/or Atome Lending Partners.

Loan” means the loan facility obtained by the Customer from Atome Lending Partner through the Platform in accordance with the Agreements.

"Registered Contact" means any individual’s contact number submitted by the Customer when applying for the Loan application to Us through the Platform, whereby such number can and can and may be contacted by Us whenever the Customer is declared as committing a Failure of Payment.

"Failure of Payment" means an event where the Customer has failed to pay or perform its obligations to repay the Loan as set forth in the Agreements.

  1. RECITALS

  1. By accessing the Platform and/or providing Personal Information to Us, You consent to the collection, use and disclosure of Your Personal Information in accordance with this Privacy Policy.

  2. Your electronic consent as referred to in Article 2.1 above shall include:

  1. Our sharing, disclosure and transfer of your Personal Information to any third party;

  2. Our use of your Personal Information for sending advertisements, products’ introductions and other commercial information.

  1. PERSONAL INFORMATION

PERSONAL INFORMATION USAGE

  1. In order for You to access the Platform and for Us to provide the Services, We shall request, obtain, collect, store, manage and use Your Personal Information and other information obtained through the Platform, including Your e-mail, telephone number or other media (if necessary) obtained through various channels including but not limited to You submitting forms or online data to Us via the Platform as well as information collected from Your devices when You visit and make use of the Platform.

  2. You hereby consent to Us collecting, obtaining, storing, using and disclosing Your Personal Information, and to disclose to appropriate third parties in or outside of the Socialist Republic of Vietnam, including service providers and our group of companies, including but not limited for the following purposes:

  1. appraisal, analysis, verification, validation or examination of (i) Loan application; (ii) process or application for Your registration, including for Atome Lending Platform; and/or (iii) Your profile;

  2. conducting risk assessments, statistical analysis and planning and trends, including carrying out data processing, statistical analysis, credit, risk and anti-money laundering screening, creating and managing credit assessment models, conducting credit checks, reviews and other backgrounds checks and keeping history of Your credit for current and future reference;

  3. improving Your browsing experience by personalising the Platform;

  4. managing our relationship with You which may include providing information to You regarding the Platform and allowing You to use the Services provided by the Platform, such as for the following matters:

  1. sending notifications via e-mail to You;
  2. contacting You regarding Your request;
  3. for our business needs In general, including verifying Your identity and credit reputation;
  4. providing, managing, developing and offering You various products and services.
  5. identifying You when You contact Us or visit the Platform;
  6. providing adequate information stored on the Platform to identify You to Atome Lending Partner or other third parties;
  7. allowing You to participate in our interactive feature Services;
  8. allowing the relevant banks, financial institutions, government institution or authorized third parties to carry out confirmation regarding Your status in our database or Services (if required);
  9. handling questions or complaints made by or related to You in connection with the Platform and stored to prevent and detect any fraud, infringement and other potential misuse from occurring;
  10. verifying Your compliance with the terms and conditions governing the use of the Platform;
  11. conducting surveys, research, evaluations, academic study and/or Services development, either by Us or other third parties;
  12. conducting investigations under any prevailing laws including anti-money laundering and prevention of terrorist financing in financial services sector;
  13. fulfilling any legal, regulatory and compliance requirements that apply to Us, the Platform and Services based on the prevailing laws and compliance with applicable agreements relating to the implementation of the Services;
  14. implementing the instructions or policies of the government, regulatory bodies or authorized agencies; and
  15. notifying You regarding any changes to the Platform and Services.
  1. Providing access to, share and transfer such Personal Information to third parties, including our affiliated party (ies), any service providers, and professional advisors, which are also bound by this Privacy Policy, for the purpose of marketing, research and development of our Platform and Services.

  1. The Personal Information submitted by You to Us for publication purposes on the Platform will be used for the purposes in accordance with the consent that You have given to Us in this Privacy Policy.

  2. We can disclose Your Personal Information without obtaining your express consent, where:

  1. it is required by laws and regulations;

  2. there is an ongoing or future legal proceeding taking place;

  3. there is any actual or suspended breach of the prevailing laws including but not limited to fraud or money laundering crimes;

  4. it is required by the authorized government agencies;

  5. we have already obtained written approval from You in accordance with this Privacy Policy or otherwise.

  1. If You provide Us with false and inaccurate information, or We suspect that there is any fraud, We may record this matter in Your credit history and share that information with the appropriate legal entity or authorities and/or fraud prevention agencies.

PERSONAL INFORMATION STORAGE

  1. All Personal Information that You provide and/or that We receive in accordance with this Privacy Policy is stored  in accordance with the applicable laws of the Socialist Republic of Vietnam.

  2. We will store Your Personal Information for as long as it is necessary to protect our interests or as required by laws and regulations.

SECURITY OF PERSONAL INFORMATION

  1. We will take all reasonable steps and actions to prevent the loss, misuse or unauthorized changes of Your Personal Information by unauthorized parties.

  2. Regardless of the steps and precautionary actions that We take, unauthorized entry or use, and hardware or software failure, may happen and compromise the security of Your Personal Information. We hereby disclaim, to the fullest extent permissible by law, any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorized access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any Personal Information provided by You to Us.

  3. When registering yourself on the Platform, You are requested to create Your own personal password. You are responsible for maintaining the confidentiality of this password. You should not share Your password with anyone.

RETURNING AND DESTRUCTION OF PERSONAL INFORMATION

  1. Your Personal Information can only be destroyed if:

  1. You terminate Your use and access to the Services and/or close Your account. You hereby acknowledge that You understand that as a result of terminating your access to the Platform you will no longer have the ability to use our Service.

  2. it is required to be destroyed in accordance with the prevailing laws; or

  3. You request the destruction of Your Personal Information, unless We are required to retain such Personal Information in accordance with the prevailing laws and regulations.

  1. Destruction of Personal Information as referred to in Article 3.11 includes removing part or all of the documents related to Your Personal Information that We hold so that the Personal Information cannot be re-displayed in Our electronic system unless You provide new Personal Information to Us.

THE CHANGE OF PERSONAL INFORMATION

  1. We understand that You need to update or amend Your Personal Information from time to time. If You need to update or amend Your Personal Information, You can submit a written request via e-mail to Us and provide Us with the relevant details. We will help to update and/or correct Your Personal Information for You.

RETURN AND REMOVAL OF PERSONAL INFORMATION

  1. You are entitled to request the return of Your Personal Information provided that:

  1. You are not currently bound by any agreement in connection with the provision of Services of the Platform, i.e., the Agreements.

  2. You have no obligation, financial responsibility, debt or similar matters in connection with the Services on the Platform; and

  3. You are not registered as an active Customer in the Platform (the Customer account has been deactivated)

  1. The request for the return of Personal Information shall be sent to Us via e-mail at [insert email address] and attach Your valid proof of identity (copy of ID Card, resident card or passport) along with the reasons for requiring the return of such Personal Information.

  2. You have the right to request the deletion of Personal Information that We hold by giving at least 10 (ten) working days written notice before the proposed date of deletion by stating the type or form of Personal Information requested for deletion. Provisions for the elimination of this Personal Information must be carried out in accordance with the applicable laws.

  1. THE USAGE OF REGISTERED CONTACT

THE PURPOSE OF THE REGISTERED CONTACT

  1. The Registered Contact provided by the Customer during the process of submitting the Loan application ("Loan Application") can be used for contacting the Registered Contact when the Customer is classified as being in Failure of Payment.

OUR RIGHTS OF TO CONTACT THE REGISTERED CONTACT

  1. As one of the requirements for a Loan to be made through the Platform, the Customer hereby authorizes Us, and represents that it has obtained prior consent from the Registered Contact, to contact the Registered Contact in the event that the Customer is classified as being in Failure of Payment, for the following purposes:

  1. to search or track the location of the Customer if the Customer cannot be contacted at his/her registered cellular telephone number recorded with the Platform;

  2. to request assistance from the Registered Contact to remind the Customer to pay and settle the Loan; and/or

  3. to request the Registered Contact to deliver the message from Us in connection with the fulfillment of the Loan repayment obligation and the Failure of Payment.

  1. We may contact the Registered Contact for the above purpose either through direct calls, SMS (Short Message Service) and/or other communication methods as determined by Us from time to time with due observance to the provisions of the prevailing laws.

RELEASE OF OUR LIABILITY

  1. The Customer hereby releases, defends and indemnifies Us and the Lender (along with Our and the Lender’s employees, directors, commissioners, shareholders, representatives, attorneys, agents and/or affiliates) from any claims, liabilities, losses, expenses, costs or fees arising from or in connection with the following:

  1. any dispute with a third party regarding a Registered Contact for any reason;

  2. violation of rights or losses of third parties or any parties related to the Registered Contact; and

  3. sanctions, research, investigations, inspections or audits as well as any consequences of or relating to violations of legal provisions and/or legislation, government policies and/or judicial and/or arbitration decision resulting from or in connection with the implementation of Our rights herein or attempts to contact, access, browse, obtain and/or utilize a Registered Contact.

  1. THE CUSTOMERS RIGHTS

In connection with the use of the Services on the Platform, you are entitled:

  1. to the confidentiality of Your Personal Information;

  2. to submit a complaint in the context of our failure to protect the Personal Information to the relevant authorized agencies in accordance with the prevailing laws and regulations;

  3. to obtain the access to, change or update of your Personal Information, unless otherwise specified in the laws and regulations;

  4. to obtain access to your historical Personal Information that has been submitted to Us in accordance with the prevailing laws and regulations;

  5. to request the destruction of Personal Information that We manage, unless specified otherwise in the prevailing laws and regulations; and

  6. to determine if the Personal Information is confidential or non-confidential (if required).

  1. FAILURE IN PROTECTING PERSONAL INFORMATION

  1. You agree not to seek our responsibility for violations, or non-compliance with the Privacy Policy or the protection of Personal Information in the following situations:

  1. Where an act of nature or an unexpected situation has occurred, resulting in damage or destruction of equipment and/or systems which are used to secure, store or process your Personal Information;

  2. Where Personal Information is available or can be found by the public before such Personal Information has been conveyed by Us;

  3. Where We have given our best effort and to verify, secure and protect the Personal Information, and in the event of any unauthorized access, hacking, misuse, modification, change, interference;

  4. For the accuracy (unless for Personal Information that has been verified by Us at its our discretion), validity, legality and completeness of Your Personal Information; and/or

  5. Where the misuse of Personal Information and information caused by acts of crime, fraud or any criminal act or illegal action of a third party that is not under our control or instruction.

  1. We will give our reasonable efforts to notify you in writing via e-mail if there is a failure of our protection of Personal Information during the management of the Platform, whether occurred due to Us or a third party.

  1. COOKIES

  1. By visiting and using the Platform, you realize that cookies or similar technologies can be installed on your device. Cookies are files that record information such as site search traces from a device or to collect internet log information and visitor behavior information. When you revisit this Platform, cookies will make it easier for Us to customize the content to suit your needs. These cookies do not track individually the Customer information, and all of our cookies data is encrypted and cannot be read by other platforms.

  2. Even though your computer will automatically accept cookies, you can choose to make modifications through your search site settings by choosing to reject cookies and deleting cookies installed on your device at any time by configuring your search site software. You may not realize the benefit of some Services on the Platform if cookies are deleted or prevented from being installed in your device.

  1. SOCIAL MEDIA ACCESS

  1. In the framework of provision of Services on the Platform, We may request you to allow Us to access social media accounts including but not limited to Twitter, Facebook, Google+ and/or LinkedIn. However, you are not required to give access to your social media account.

  2. In the event that you give Us access to your social media account data, You must understand that We only use that data for the following purposes:

  1. Identity verification;

  2. Mitigating the risks of identity fraud;

  3. Analytical / quantitative statistics;

  4. Carrying out regulatory control;

  5. Providing information and answering questions; and

  6. Preventing fraud, money laundering and other criminal activities.

  1. CHANGES IN PRIVACY POLICY

  1. This Privacy Policy may be changed and/or updated from time to time. We will publish the latest version of this Privacy Policy on the Platform.

  2. You are advised to read carefully and check this Privacy Policy from time to time so that you remain informed about the latest version of this Privacy Policy.

  3. We will notify you of changes made to this privacy policy via e-mail to your registered e-mail address at least 05 days prior to the proposed time applying.

  4. By continuing to access and use the Platform and Services, you agree to any changes to this Privacy Policy.

  1. MISCELLANEOUS

This Privacy Policy is in accordance with the prevailing laws and regulations

  1. CONTACT

If there are any questions, comments or requests regarding this Privacy Policy, please contact Us with the following information:

  • Information Collecting Unit: Atome Vietnam Company Limited
  • Head office address: Floor 9, No. 117-119-121 Nguyen Du Street, Ben Thanh Ward, District 1, Ho Chi Minh City, Vietnam
  • Contacting email: [insert email address]

Last updated on [insert date].