1.1 Welcome to FindNear (including the FindNear mobile app), operated by ADA Technology Development Joint Stock Company and its affiliated companies (individually and collectively referred to as "FindNear," "we," or "our"). FindNear takes its legal responsibilities and current regulations on information security seriously and is committed to respecting the privacy and interests of all users of the website and mobile application ("Platform" - collectively, we refer to these platforms and the services we provide as "Services"). "Users" are individuals who register an account with us to use the services, including both Sellers and Buyers (individually and collectively referred to as "Users," "you," or "your"). We recognize the importance of the personal data that you have entrusted to us and believe that we have a responsibility to manage, protect, and process your personal data appropriately. This privacy policy ("Privacy Policy" or "Policy") is designed to help you understand how we collect, use, disclose, and/or process the personal data you have provided to us and/or that we hold about you, whether currently or in the future, and to help you make informed decisions before providing us with any of your personal data.
1.2 "Personal Data" means data, whether true or not, about an individual from which the identity of that individual can be ascertained, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data may include a person's name, identity card number, and contact information.
1.3. By using the Services, registering an account with us, accessing the Platform, or otherwise engaging with the Services, you acknowledge and agree that you accept the methods, requirements, and/or policies described in this Privacy Policy, and hereby consent to allow us to collect, use, disclose, and/or process your personal data as described herein. IF YOU DO NOT AGREE TO PERMIT THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM OR WEBSITE. If we modify our privacy policy, we will notify you through the publication of such changes or the revised privacy policy on our Platform. We reserve the right to amend this Privacy Policy at any time. To the maximum extent permitted by law, your continued use of the Services or Platform, including placing any orders, will signify your acceptance of the changes and revisions made to this Privacy Policy.
1.4. This policy is applicable concurrently with any notices, contractual terms, or other consent terms related to our collection, storage, use, disclosure, and/or processing of your personal data and will not supersede any prior notices or terms unless otherwise stated by us.
1.5. his Privacy Policy applies to all users of the Services, including both Buyers and Sellers, unless stated otherwise.
2.1. We will/may collect personal data about you:
The above-mentioned content is not exhaustive and only highlights some common instances when personal data about you may be collected.
3.1. The personal data that FindNear may collect includes:
Information sent by or related to the device(s) used to access the Services or our Platform.
Images, audio data, or videos that you share with us.
Government-issued identification or other information necessary for our verification, customer identification, or anti-fraud purposes.
Marketing and communication data, such as your preferences when receiving marketing information from us and third parties, communication preferences, and your history of communication with us, our service providers, and other third parties.
Usage and transaction data, including detailed information about your searches, orders, advertisements, and content you interact with on the Platform, as well as other products and services related to you.
Location data.
Any other information about users when users log in to use the Services or our Platform, and when users use the Services or our Platform, as well as information about how users use our Services or Platform.
Aggregated data about the content users use and other data that serves users' Findnear usage needs.
3.2 You agree not to provide us with any inaccurate or misleading information, and you agree to notify us of any inaccurate information or when there are changes in your information. We reserve the right to decide when additional necessary documents are required to verify the information you provide.
3.3. If you do not wish for us to collect the aforementioned personal information/data, you can opt out at any time by notifying our Data Protection Officer in writing. You can find more information on this in the section "How can you withdraw consent, request access, or amend the information you have provided to us?" below. However, please note that refusing or revoking permission for us to collect, use, or process your personal data may impact your use of the Services and Platform. For example, location-based services will not function if you do not allow the application to access your location.
4.1. As with most other websites and mobile applications, information sent from your device may contain data about you, which is recorded by a web server when you use our Platform. This information includes your IP address, computer/mobile device operating system, browser type, mobile device type, mobile device characteristics, unique device identifier (UDID), or mobile device identifier (MEID) of your mobile device, the referring web page (if any), the pages you have visited on our website or mobile app, and the time of access, and sometimes "cookies" (which can be disabled using your browser's options) to help the website remember your last visit. If you log in, this information is associated with your personal account. This information is also included in anonymous statistical data to help us understand how visitors use our website.
4.2. Our mobile applications may collect accurate information about your mobile device's location using technologies such as GPS, Wi-Fi, and more. We collect, use, disclose, and/or process this information for one or more purposes, including providing location-based services you request, delivering location-related content to you, or allowing you to share your location with other Users as part of the services provided by our mobile applications. For most mobile devices, you can withdraw your permission for us to collect this location-based information through device settings. If you have any questions about how to disable location services on your mobile device, please contact your mobile device service providers or device manufacturers.
4.3. So, when you view pages on our website or mobile app, view content and advertisements, and access other software on our Platform or through the Services, much of the same information will be sent to us (including your IP address, operating system, etc.). However, instead of page views, your device sends us information about the content and advertisements viewed and/or software installed on the Services and Platform, as well as the timing of these interactions.
5.1 "Cookies" are identifiers stored in your computer or mobile device, which record data about the computer or device, the Services or Platform used or visited, when and how they were accessed, the number of visitors, and other activities on the Platform. We may link cookie information with personal data. Cookies are also linked to information about the products you choose to purchase and the web pages you view. This information is used to track your shopping cart, deliver content tailored to your preferences, enable third-party advertising partners to display ads on internet pages, perform data analytics, and manage the use of the Services. We or authorized service providers and our advertising partners may sometimes use "cookies" or other features to enable us or third parties to collect or share information related to your use of the Services or our Platform. These features help us improve our Platform and the services we provide, enable us to introduce new services and features, and/or allow us and our advertising partners to provide more relevant content to you through remarketing.
5.2 You can opt out of using cookies by selecting the appropriate settings in your browser or device. However, please note that if you do this, you may not be able to use all the features of the Platform or our services to their full extent.
6.1 We may collect, use, disclose, and/or process your personal data for the following purposes:
To review and/or process your registration/transactions with us or transactions and correspondence with third parties through our services;
To manage, operate, provide, and/or manage your use and/or access to our services and platforms (including your preferences), as well as your user relationships and accounts with us;
To fulfill, process, resolve, or complete a transaction and/or meet your requests for specific products and services, and to inform you of service issues and abnormal account activities;
To enforce our Terms of Service or any applicable end-user license agreements;
To protect the personal safety and rights, property, or safety of others;
To identify, verify, assess legal, or understand the purposes of your customers;
To maintain and manage 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 resolve or create conditions for customer service, fulfill your requests, resolve or respond to any questions sent by (or sent by) you or on your behalf;
To contact you or communicate with you by phone, text messages, fax messages, email, and/or mail or otherwise for the purpose of managing and/or managing your relationship with us or your use of our services;
To allow other users to interact, connect with you, or view some of your activities on the platform, including notifying you when another user sends you a private message or posts comments to you on the platform; or connecting with you through the use of social networking features on the platform;
To conduct research, analysis, and development activities (including data analysis, surveys, product and service development, and/or feature development), to analyze how you use our services, to suggest products and/or services that match your preferences, to improve our services or products and/or to enhance your customer experience;
To conduct research, analysis, and development activities (including data analysis, surveys, product and service development, and/or feature development), to analyze how you use our services, to suggest products and/or services that match your preferences, to improve our services or products and/or to enhance your customer experience;
For marketing and advertising purposes, and in this case, to send you marketing materials and related information about products and/or services (including products and/or services of third parties that FindNear may collaborate or partner with), whether those products or services exist now or will be created in the future. You can unsubscribe from receiving marketing materials at any time by using the unsubscribe function in electronic marketing materials. We may use your contact information to send newsletters or marketing materials from us or from related companies;
As required by current law, and the requirements of the competent state authority; or in cases where we believe that the disclosure of this information is necessary, including, but not limited to, complying with regulations to disclose information as required by any applicable law to FindNear or related corporations (including, if any, displaying your name, contact information, and company information);
To compile statistics and research data to meet reporting requirements and/or maintain internal records or regulations;
To conduct due diligence and verification processes or other screening activities (including, but not limited to, background checks) to comply with legal obligations or risk control procedures that may be legally required or may have been applied by us;
To audit our services or FindNear's business operations;
To respond to any actual or threatened complaints against FindNear or other complaints whose content violates the rights of third parties;
To store, serve, back up (whether for recovery purposes or other purposes) your personal data;
To process and/or create conditions for a business asset transaction or a potential business asset transaction, in which case that transaction involves FindNear as a participant or only related to a company or affiliate of FindNear as a participant or related to FindNear and/or any one or more companies or affiliates of FindNear as the participants, and may involve other third-party organizations as participants. "Business asset transaction" is a transaction to buy, sell, lease, merge, consolidate or any acquisition, liquidation or financing activity of an organization or part of an organization or any business or asset of an organization;
Any purpose that we notify you at the time of your permission
(collectively referred to as "Purposes")
6.2 Users acknowledge, permit, and consent that FindNear may access, maintain, and disclose user account information and content when required by law or under the order of a court or a government agency or competent state authority, as deemed truly necessary by FindNear for: (a) compliance with legal procedures; (b) compliance with government agencies or competent state authority requests for FindNear; (c) enforcement of FindNear's Terms of Service or Privacy Policy; (d) responding to actual complaints or threats against FindNear or complaints where their content infringes upon the rights of third parties; (e) responding to user requests related to customer care; or (f) protecting the rights, property, or safety of FindNear, users, and/or the community.
6.3 For purposes for which we will/may collect, use, disclose, or process your personal data may depend on the actual circumstances, those purposes may not have been mentioned above. However, we will inform you of other purposes at the time of your consent, unless data processing without your consent is allowed by the legal regulations on personal data protection or privacy rights.
7.1 We implement various security measures and constantly strive to ensure the security of your personal data on our systems. User personal data is stored behind security networks and can only be accessed by a limited number of employees with special access to our systems. However, absolute security cannot be guaranteed.
7.2 We will maintain personal data in accordance with the regulations on the protection of personal information and/or other applicable laws. This means we will delete or remove your personal information when we have a reasonable basis to determine that (i) retaining that personal data no longer serves the purpose for which that personal data was collected; (ii) retention is no longer necessary for any legitimate or business purpose; and (iii) there are no other legitimate interests to continue retaining this personal data. If you cease to use our platform or your rights to use the platform and/or services are terminated or revoked, we may continue to store, use, and/or disclose your personal data in accordance with this Privacy Policy and our legal obligations regarding the protection of personal information. Depending on legal regulations, we may securely dispose of your personal data without prior notice to you.
8.1 During the course of our business operations, we may need to disclose your personal data to third-party service providers, agents, and/or our affiliated or related companies, and/or other third parties for one or more of the purposes mentioned above, and such disclosure will be carried out in accordance with the current legal procedures and regulations. These third parties may include, but are not limited to:
- Our subsidiary, affiliate, and related companies;
- Sellers or buyers with whom you transact or interact on the platform or are related to your use of our services for the aforementioned purposes;
- Other users on our platform for one or more of the purposes mentioned;
- Contractors, agents, service providers, and other third parties we hire to support our business operations. These may include, but are not limited to, companies providing administrative services or other services to us, such as postal companies, transportation service providers, financial service providers, advertising and marketing partners, telecommunications companies, information technology companies, and data centers;
- Government agencies, state authorities authorized over FindNear, or others as permitted by Article 6.2;
- Buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of part or all of FindNear's assets, whether it is ongoing or in bankruptcy, liquidation, or similar proceedings, where personal data held by FindNear about our users is among the transferred assets; or to a partner in a business asset transaction in which FindNear or any of its affiliates or related companies is involved in the transaction;
- Third parties to whom we disclose information for one of the purposes, and those third parties, in turn, will collect and process your personal data for one or more purposes.
8.2 We may share user information, including statistical and demographic information, with advertising partners and third-party advertising providers to remarket and/or for other programs.
8.3 To avoid doubt, in the event that laws on the protection of personal data or other applicable laws allow an organization like ours to collect, use, or disclose your personal data without your consent, such legal permission will continue to apply. In accordance with the above provisions and legal regulations, we may use your personal information to determine legal grounds, including compliance with our legal obligations, to execute contracts with you, to achieve legitimate benefits and reasons for our use of your information outweighing any harm to your data protection rights or when necessary related to legal claims.
8.4 Third parties may block or unlawfully access personal data sent to or on the website, technologies may work inaccurately or not as expected, or individuals may access, abuse, or misuse information without our fault. However, we will implement appropriate security measures to protect your personal data as required by personal data protection laws; nonetheless, absolute security cannot be guaranteed, such as in cases of unauthorized disclosure arising from malicious or complex hacking activities, which are not our fault.
8.5 In addition to the above, users, when receiving any personal data of other users related to the use of the service, must comply with current privacy laws. Regarding any personal data of the disclosing party received from FindNear, they must (i) not use that personal data unless reasonably necessary to respond, process, resolve, or complete a transaction, except with the prior written consent of the disclosing party and FindNear; (ii) not contact the user using that information outside of the FindNear platform; (iii) not disclose the personal data of the disclosing party to any unauthorized third party without the prior written consent of the disclosing party and FindNear; (iv) use adequate security measures to protect the personal data of each FindNear user they own and delete that data as soon as possible after completing the transaction; and (v) inform FindNear's personal data protection officers in case of possible data breach or data loss of that user.
9.1 These Services are not intended for children under 13 years of age. We do not intentionally collect or retain any personal data or non-identifying information of anyone under 13 years of age. Any part of our platform or other services is also not intended for children under 13 years of age. Parents or guardians of children under 13 years of age, please monitor and ensure that the personal information of the children under your guardianship is not posted on FindNear. In cases where the personal information of children under 13 years of age provided to FindNear by the guardian, the parents or guardians agree to the processing of the information of the children under 13 years of age and agree to be subject to this Policy on behalf of the guardian. We will block any account used by such children and remove and/or delete any personal data that we believe has been sent by any child under 13 years of age.
10.1 Our platform uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your device, to help the platform analyze how users use our platform. Information generated by cookies 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 related to website activity and internet usage. Google may also send this information to third parties in cases where the law requires it or where such third parties process information on behalf of Google. Google will not associate your IP address with any other data held by Google.
10.2 We and third parties, in some cases, may provide software application downloads for your use through the platform or services. These applications may access and allow a third party to view identifying information about you, such as your name, your user ID, the IP address of your device, or other information, such as the game you are playing in any specific session, and any cookies that you may have previously installed or been installed for you by a third-party software application or website. Additionally, these applications may require you to provide additional information directly to third parties. The products or services of third parties provided through these applications are not owned or controlled by FindNear. You should read the terms and other policies published by those third parties on their website or elsewhere.
11.1 WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD-PARTY WEBSITES. We implement various security measures to maintain the security of your personal data that we store or control. Your personal data is stored behind security networks and can only be accessed by a limited number of individuals with special access rights to our systems, and has been required to secure that personal data. When you place an order or access your personal data, we recommend using a secure server. All personal data or information you provide will be encrypted in our databases and can only be accessed as described above.
11.2 To provide added value to you, we may choose to link to various third-party websites, applications, or services within the platform. We may also engage in co-marketing relationships and other relationships to provide e-commerce services and other services and features to visitors. These linked websites have their own privacy policies and independent security measures. Even if such third parties link with us, we do not control these linked websites/applications/services, and each of these websites has separate methods of privacy protection and data collection, 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 us and/or stored.
11.3 Therefore, we are not responsible or legally liable for the content, security measures (or lack of security measures), and activities of these linked websites/applications/services. These linked websites/applications/services are for your convenience, and thus, you are responsible when accessing them. However, we make efforts to maintain the integrity of our platform and links placed on each of those websites, and we welcome feedback on these linked websites (including if a specific website is not functioning).
12.1 Your personal data and/or other information may be transferred, stored, or processed outside your country's jurisdiction. In most cases, your personal data will be processed in Vietnam, where we have our servers. FindNear only transfers your information abroad in compliance with the law.
13.1 Withdrawal of Consent
13.1.1 You can withdraw your consent for the collection, use, and/or disclosure of your personal data that we are storing or controlling by sending an email to our Personal Data Protection Department at the email address: adavietnam.findnear@gmail.com, and we will process these requests in accordance with the Privacy Policy and relevant legal regulations.
13.1.2. We may periodically send you newsletters and direct service promotional emails if you subscribe to receive such contact information. You have the opportunity to "opt-out" (e.g., by following the unsubscribe instructions provided in the email you receive). We may need to send you certain specific contact information related to us or our services, and you will not be able to opt out of receiving such contact information (such as information related to updates of our terms of service, this Privacy Policy, invoice or payment information, or customer services).
13.1.3. Under other applicable legal regulations, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) have the right to access or copy your personal information; (iii) receive an electronic copy of your personal information or request us to send that information to another company; (iv) restrict our use of your personal information, including the right to choose to participate or opt-out of selling your personal information to third parties, depending on current laws; (v) find ways to amend or modify inaccurate, incomplete, or improperly processed personal information; and (vi) request FindNear to delete your personal information, subject to certain exceptions as specified by legal regulations.
13.1.3. If you wish to exercise any of these rights, please contact us as specified below by sending an email to our Personal Data Protection Officer atadavietnam.findnear@gmail.com. We will process these requests according to current laws to protect your privacy, and we will take steps to verify your identity before fulfilling your request.
13.2 Additional Notice for Users Whose Personal Data Falls under the Scope of the California Consumer Privacy Act
13.2.1. For the purposes of the California Consumer Privacy Act ("CCPA"), we do not "sell" personal information, and in the twelve months preceding the effective date of this Policy, we have not sold any personal information of our users and/or potential candidates, as defined by the CCPA. California's "Shine the Light" law also allows California residents in some cases to opt-out of sharing certain types of personal information (as defined by the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
13.2.2. The personal information that FindNear collects, uses, and/or discloses, and has collected, used, and/or disclosed from users and/or potential candidates as described above in the twelve months preceding the effective date of this Policy, may include personal information as defined by the CCPA, depending on how you access the website and interact with us.
13.2.3. Under the provisions of the CCPA or other current laws, you may have the right: (i) to request confirmation of whether we are processing your personal information; (ii) to have the right to access or copy your personal information; (iii) to receive an electronic copy of your personal information or request us to send that information to another company; (iv) to restrict our use of your personal information, including the right to choose to participate or opt-out of selling your personal information to third parties, depending on current laws; (v) to find ways to amend or modify inaccurate, incomplete, or improperly processed personal information; and (vi) to request FindNear to delete your personal information, subject to certain exceptions as specified by legal regulations.
13.2.4. If you wish to exercise any of these rights, please contact us as specified below by sending an email to our Personal Data Protection Officer at adavietnam.findnear@gmail.com. We will process these requests according to current laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request. If you are a California resident, you have the right not to be discriminated against in order to exercise your rights under the CCPA.
13.3. Other User Rights
13.3.1. If you reside in the European Economic Area, you have the right to exercise certain rights available under current data protection laws. We will comply with the requirements to fulfill these rights according to current laws. Please note that in some cases, we may need to continue processing your information for certain legitimate interests or to comply with legal obligations. You may also file a complaint with a supervisory authority if you believe that our processing of your personal information violates current laws.
13.3.2. For residents of Canada: In accordance with this Privacy Policy, if we send or transfer your personal information to another country, that personal information may be provided to the foreign government or government agencies in that foreign country for purposes other than those described in this Policy.
13.4. Requesting Access to or Amending Personal Data
13.4.1. You can request access to and/or edit your personal data that we are storing or controlling by sending a text request to us. We will need enough information from you to verify your identity as well as the nature of your request to be able to address your request. So, please send your text request by emailing our Data Management staff at adavietnam.findnear@gmail.com
13.4.2. We may charge a reasonable fee for you to resolve and process your personal data access requests (if any). If we charge a fee, we will provide you with an estimated fee in writing. Please note that, in most legal areas, we are not obligated to respond to or resolve your access requests unless you have agreed to pay the fee.
13.4.3. We reserve the right to refuse to amend your personal data in accordance with the legal provisions on the protection of personal information, where those laws require and/or allow an organization to refuse to amend personal data in such cases.
13.4.4. Please note that certain information may be exempt from such requests under current law and depending on your data choices, some services may be restricted or unavailable. We will not discriminate against you when exercising your rights.
Section 14: Questions, concerns, or complaints? Contact us