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Privacy Notice for Candidates and Employees

Privacy Notice for Candidates and Employees

LAST UPDATED: 1 Jul 2023

VIS Rating respects and values your privacy. This Privacy Notice for Candidates and Employees (“Privacy Notice”) explains what Personal Data we collect and how we use it if you apply or accept an offer for a job with VIS Rating. Please carefully read and understand this Privacy Notice in its entirety.

 

In this Privacy Notice “VIS Rating”, “we”, “us” and “our” means the Vietnam Investors Service and Credit Rating Agency Joint Stock Company. Undefined capitalized terms used in this Privacy Notice shall have the meaning as prescribed in the Decree 13/2023/ND-CP of the Vietnam Government on protection of Personal Data and any amendments thereof (“Personal Data Protection Decree”).

  1. Personal Data We Collect

VIS Rating collects and processes the following Personal Data about you:

  • Personal Data that you provide to us or related to employment relationship – This includes Personal Data that you provide to us when registering on this site, accessing or submitting applications, using services provided on this site, and/or through offline means, such as attendance at VIS Rating’s career events or other VIS Rating’s events. This Personal Data may include your name, image, age, gender, contact details, qualifications, compensation data, employment and education history, other application details, and your resume or CV. If your application is successful and you are made an offer, we may collect further Personal Data from you including proof of identification, license plate, taxpayer identification number, social security number and health insurance card number, banking details for payroll purpose, judicial records, Personal Data of dependents, details of your residency and work authorization, outside business activities, equity or securities investment of you or your family member for compliance purpose, performance reviews and compensation, investigations, grievances, employees disciplinaries, IT systems accesses, IT hardware (e.g., laptop, corporate mobile phone) provided to you, details of professional incidents and diseases for regulatory reporting purpose, and details of your health and fitness to work.
  • Personal Data we obtain from other sources – We may obtain information about you through a recruitment agency, where you use one, or a friend or colleague who has referred you for a position. We also conduct basic searches online and collect information such as contact details and area of professional expertise from professional profiles such as LinkedIn and other public sources. If your application is successful and you are made an offer, we may conduct background screening on you to confirm your identity, employment and education history, and suitability to work for VIS Rating. We may obtain information about you, such as details of your suitability to work with us, your past performance at work, your character, verification of the information that you provide to us, from third-party references that you provide to us, your previous and/or current employers, and third-party background checking services.
  • Information collected by automated means – When you use the Site we collect information through the use of cookies and similar technologies, including your IP addresses, which pages you have visited, and what actions you have taken on the Site. We may capture your image and/or footage through CCTV or record your oral conversation when you participate or present in our events or are within VIS Rating’s premises
  1. How We Use Your Personal Data

Your Personal Data will be used:

  • Processing applications – To process your job application and make you a job offer, where your application is successful. Under relevant applicable data protection laws, our legal basis for these activities is contractual necessity.
  • Background checks – To verify your identity, education and employment history, judicial records and your suitability to work
  • Health – To verify your fitness to work, for the protection of health and safety, to prevent discrimination on the grounds of disability, and to understand whether we need to make any reasonable adjustments for you in the workplace, we may ask you to provide health check certificate before you start work.
  • Notifications – To notify you of relevant job vacancies with VIS Rating, information about working at VIS Rating, and VIS Rating’s career events or other VIS Rating’s events, that you may be interested in.
  • Diversity & inclusion – To track how we are doing on diversity and inclusion, we may track gender, racial identity, disabilities and veteran status of applicants and hires, only where legally permitted and/or required by law, and where this information is provided voluntarily by you.
  1. User experience & improvement – We use cookies and similar technologies on this site to improve user experience and/or tailor user interaction on the site. How We Share Your Personal Data

We share and transfer your Personal Data with third parties in the following circumstances:

  • Data Sharing to shareholders – Some of our recruitment and talent acquisition activities, such as interviewing, are undertaken by our centralized hubs and regional teams of shareholders (including Moody’s Corporation). We may also share your Personal Data to shareholders in the event of a business reorganization, merger or acquisition. To share Personal Data across borders within our shareholders we have entered into data transfer agreements to ensure an equivalent level of data protection still applies even where transferring your Personal Data to a country which has less stringent data protection laws than the country you are in.
  • Sharing with Service Providers – We use service providers to help us process job applications, cloud-hosted candidate relationship management tools and a specialist third-party background screening provider. We also use professional service providers to help us processes tasks related to human resources and other operational tasks including legal consultant, IT and cybersecurity, tax and accounting service providers, bankers, marketing and branding service provider, event organizer, printing or designing service provider, insurance service provider, company health check medical centers. Our service providers have been carefully selected and commissioned by us, are bound by contract, are only provided with your Personal Data on a need-to-know basis, and will not process your Personal Data for any other purposes.
  • Legal or Regulatory Disclosures – To the extent required or permitted by law, we may disclose your Personal Data to meet requirements of applicable law and regulation, or in response to requests from regulators, courts or government agencies, or to establish or defend our legal rights.
  1. Retention of Personal Data

How long we will hold your Personal Data will depend on how long we need to retain it to fulfil the purposes we collected it for, and whether and for how long we need to retain a copy for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.

  1. Your Rights

You may have a number of legal rights in relation to your Personal Data under local applicable law including but not limited to the Civil Code No. 91/2015/QH13 of the National Assembly of Vietnam (“Civil Code”) and Personal Data Protection Decree. Unless otherwise provided for by law, these rights include:

  • The right to be informed about how we process your Personal Data (as described here in this Privacy Notice)
  • The right to give consent to the processing of your Personal Data.
  • The right to access your Personal Data in order to look at, rectify or request rectification of your Personal Data
  • The right to withdraw your consent or do not provide consent to our processing of your Personal Data, at any time. Please note that we may still process your Personal Data if we have another legal basis (other than consent) to continue to so, for example, where contractually necessary or where required for compliance with law.
  • The right to delete or request deletion of your Personal Data
  • The right to receive your Personal Data in a structured, commonly used and machine-readable format where this technically feasible. Please note that this right only applies we act as Personal Data Controller or the Personal Data Controller-cum-Processor.
  • The right to obtain restriction on processing or object to our processing in order to prevent or restrict the disclosure of your Personal Data or the use of your Personal Data for advertising and marketing purposes. Please note there may be circumstances where you ask us to restrict our use of your Personal Data but we are legally entitled or required to continue processing your Personal Data. Your legal request shall be complied within 72 hours after receiving by us.
  • The right to file complaints, denunciations and lawsuits as prescribed by law. However, we hope we can solve any queries or concerns you may have, so please contact us directly in the first instance.
  • The right to claim damage as prescribed by law when there are violations against regulations on protection of your Personal Data due to our willful misconduct or negligence.
  • The right to self-protection according to regulations in the Civil Code, other relevant laws and the Personal Data Protection Decree, or request competent agencies and organizations to implement civil right protection methods according to regulations in Article 11 of the Civil Code.

You can exercise your rights by contacting us using the information in the “Contact Us” section below.

  1. Contact Us

If you have any questions, comments or requests regarding this Privacy Notice or our privacy practices, please contact us at:

Legal and Compliance Department
Vietnam Investors Service and Credit Rating Joint Stock Company
10th Floor of the Building, No. 5 Dien Bien Phu, Ba Dinh Ward, Hanoi, Vietnam
Phone:  024 3926 3888 (Ext: 1056)
E-mail: enquiries@visrating.com

Please entitle your query “VIS Rating Privacy Query”.

  1. Updates to this Privacy Notice

VIS Rating may from time to time update this Privacy Notice. Any changes to this Privacy Notice will become effective when we post or link to the revised Privacy Notice on those web sites of VIS Rating that post or link directly to this Privacy Notice (collectively, the “Site”).  

 

Any significant changes to the way we collect or use Personal Data will be highlighted on the homepage of the Site in advance. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Notice was most recently revised.

 

YOUR CONTINUED PROVISION OF INFORMATION TO VIS RATING, CONTINUED USE OF THE SITE OR EMPLOYMENT RELATIONSHIP WITH VIS RATING FOLLOWING NOTICE OF SUCH CHANGES WILL BE CONCLUSIVELY DEEMED YOUR ACCEPTANCE OF ANY CHANGES TO THIS PRIVACY NOTICE. YOU AGREE THAT NOTICE OF CHANGES TO THIS PRIVACY NOTICE ON THE SITE CONSTITUTES REASONABLE AND SUFFICIENT NOTICE.

  1. Undesirable Consequences and Damages    

VIS Rating protects your Personal Data to the best of our abilities. However, it is important for you to be aware of the undesirable consequences and damage and take appropriate measures to safeguard your own Personal Data.

  • Unauthorized Access and Data Breaches. Despite our best efforts to maintain the security of your Personal Data, there is always a risk of unauthorized access or data breaches. Cybercriminals may attempt to gain access to our systems and obtain sensitive data, which could lead to accidental or unintentional disclosure of your Personal Data, identity theft, financial loss, or other forms of harm.
  • Third-Party Sharing. This Privacy Notice may allow for the sharing of your Personal Data with third parties, such as service providers or business partners. While we strive to ensure that these third parties have appropriate security measures in place, we cannot guarantee their actions or the security of your Personal Data once it is in their possession.
  • Changes to Privacy Notice. This Privacy Notice may be subject to changes or updates over time. It is important for you to review these changes and understand how they may impact the protection of your Personal Data. We will make reasonable efforts to notify you of any material changes, but it is ultimately your responsibility to stay informed.
  • Legal and Regulatory Requirements. VIS Rating may be required to disclose your Personal Data in response to legal or regulatory requirements, such as court orders or subpoenas. While we will make efforts to protect your Personal Data within the bounds of the law, such disclosures may still occur and could potentially result in unintended consequences or damage.

Please remember to take proactive steps to protect your Personal Data, such as using strong passwords, being cautious of phishing attempts, and regularly monitoring your accounts for any suspicious activity.