Introduction
1.1. The website spx.vn and the SPX Express mobile application (the mobile application was officially launched on November 25, 2024) are operated by SPX Express Company Limited and its affiliates (individually and collectively, "SPX" or "we"), with the purpose of providing fast and convenient freight forwarding services to Customers. Hereinafter referred to as the "Service".
SPX takes its responsibilities regarding information security seriously in accordance with the regulations on protection of personal information confidentiality of Vietnamese law (“Privacy Law”) and is committed to respecting the privacy rights and concerns of all users of the SPX platforms (“Platforms”) (we refer to the Platform and the services we provide as described in our Platform as the “Services”). We recognize the importance of the personal data 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 that you have provided to us and/or hold about you, whether now or in the future, and to help you make an informed decision before providing us with any of your personal data.
1.2 “Personal Data” or “personal data” means data, whether true or not, about an individual from which that individual can be identified, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data may include name, identity card number and contact information.
1.3. By using the Services, registering an account with us or accessing the Platform, you acknowledge and agree that you accept the practices, requirements, and/or policies described in this Privacy Policy, and you hereby acknowledge that you have made yourself aware of and fully consent to our collection, use, disclosure and/or processing of your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM OR WEBSITE, APPLICATIONS. If we change our Privacy Policy, we will notify you including by posting those changes or the revised Privacy Policy on our Platform. To the extent permitted by law, your continued use of the Services or the Platform, including your transactions, will be deemed your acknowledgement and agreement to the changes to this Privacy Policy.
1.4. This Policy applies in addition to any other notices, contractual terms, consent terms that apply in relation to our collection, storage, use, disclosure and/or processing of your personal data and is not intended to override such notices or terms unless we expressly state otherwise.
2. WHEN DOES SPX COLLECT PERSONAL DATA?
2.1. We will/may collect your personal data:
a. when you register for and/or use our Services or Platform, or open an account with us;
b. when you submit any forms, including application forms or other forms relating to any of our products and services, whether online or otherwise;
c. when you enter into any agreement or provide other documents or information in connection with your interactions with us, or when you use our products and services;
d. when you interact with us, such as through telephone calls (which may be recorded), letters, facsimiles, face-to-face meetings, social media platforms, and emails;
e. when you use our electronic services or interact with us through our Platform, Website, Applications, or Services. This includes the use of cookies that we may deploy when you interact with our Platform, Website, or Applications;
f. when you grant permissions on your device to share information with our Application or Platform;
g. when you link your SPX account with your social media account or other third-party accounts, or use other social media features, in accordance with the relevant service providers' policies;
h. when you conduct transactions through our Services, such as each time you place an order;
i. when you provide feedback or submit complaints to us;
j. when you register to participate in a contest;
k. when you submit your personal data to us for any reason; and/or
l. when you carry out other activities on our Platform.
The above list is not intended to be exhaustive and only provides examples of common situations in which your personal data may be collected.
2.2. We may collect your information from you, our affiliates, third parties, and other sources, including but not limited to our business partners (such as logistics service providers and payment service providers), credit assessment agencies, marketing and referral service providers, loyalty program partners, other users of our Services, publicly available data sources, and government data sources.
2.3. In certain circumstances, you may provide us with the personal data of other individuals (for example, your family members, friends, or persons in your contact list). If you provide us with their personal data, you represent and warrant that you have obtained their consent for us to process their personal data in accordance with this Policy.
3. WHAT PERSONAL DATA DOES SPX COLLECT?
3.1. Unless otherwise provided in this Policy, the personal data that SPX may collect includes both basic personal data and sensitive personal data (as defined under applicable privacy laws), including:
a. full name;
b. email address;
c. date of birth;
d. pickup address;
e. bank account and payment information;
f. telephone number;
g. gender;
h. information transmitted by or associated with the device(s) used to access our Services or Platform;
i. information about your network, including your contact list where you have consented to share such information through your device, and information about the people and accounts with whom you interact;
j. images, audio recordings, or videos;
k. government-issued identification information or other information required for legal assessment, know-your-customer (KYC), identity verification, and/or fraud prevention purposes;
l. communication data, such as your preferences for receiving marketing communications from us or third parties, your preferred communication methods, and your communication history with us, our service providers, and other third parties;
m. usage and transaction information, including details of your search history, transactions, advertisements and content you interact with on the Platform, as well as your related products and services;
n. location data;
o. any other information relating to you when you log in to use our Services or Platform, while using our Services or Platform, and information regarding how you use our Services or Platform; and
p. aggregated data relating to the content you use.
3.2. You agree not to provide us with any inaccurate or misleading information and agree to notify us of any inaccuracies or changes to your information. We reserve the right, at our sole discretion, to request additional supporting documents to verify any information you provide.
3.3. If you log in to our Platform using your social media account ("Social Media Account"), link your account to your Social Media Account, or use any SPX social media features, we may access information about you that you have voluntarily provided to your Social Media Account provider, subject to that provider's applicable policies. We will collect, manage, process, and use such personal data in accordance with this Policy at all times.
3.4. If you do not wish us to collect the personal information/data described above, you may opt out at any time by providing written notice to our Personal Data Protection Officer. More information can be found in the section titled "How can you withdraw your consent, request deletion, restrict or object to processing, request the provision of your personal data, or access and correct the information you have provided to us?"** below. However, please note that refusing or withdrawing your consent for us to collect, use, or process your personal data may affect your ability to use our Services and Platform. For example, location-based services will not function if you do not allow the application to access your location.
4. COLLECTION OF OTHER DATA
4.1. As with most websites and mobile applications, your device sends information that may include data about you, which is recorded by a web server when you use our Platform. Such information typically includes, but is not limited to, your IP address, operating system of your computer or mobile device, browser type, mobile device type, mobile device characteristics, the unique device identifier (UDID) or mobile equipment identifier (MEID) of your mobile device, the referring website address (if any), the pages you visit on our Website or mobile application, the time of your visit, and, in some cases, cookies (which may be disabled through your browser settings) to help our Website or application remember your last visit. If you are logged in, this information is associated with your personal account. This information is also compiled into anonymous statistics to help us understand how visitors use our Website and Applications.
4.2. Our mobile applications may collect precise location information from your mobile device using technologies such as GPS, Wi-Fi, and similar technologies. We collect, use, disclose, and/or process such information for one or more purposes, including but not limited to providing location-based services you request, delivering content relevant to your location, or enabling you to share your location with other users as part of the Services provided through our mobile applications. On most mobile devices, you may withdraw your consent for us to collect location information through your device settings. If you have any questions about disabling location services on your mobile device, please contact your mobile service provider or device manufacturer.
4.3. When you browse pages on our Website or mobile applications, view content or advertisements, or access other software on or through our Platform or Services, certain information may be transmitted to us (including but not limited to your IP address, operating system, and similar technical information). However, instead of page view information alone, your device may also send us information regarding the content or advertisements viewed, software installed through our Services and Platform, and the time of such activities.
5. COOKIES
5.1. From time to time, we, our authorized service providers, and our advertising partners may use cookies or similar technologies to enable us or third parties to collect or share information about your use of our Services or Platform. These technologies help us improve our Platform and Services, recommend new services and features, and enable us and our advertising partners to provide content that is more relevant to your interests. Cookies are small identifier files stored on your computer or mobile device that record information about your device, how and when the Services or Platform are accessed or used, the number of users, and activities conducted on our Platform. We may associate cookie information with your personal data. Cookies may also be linked to information about the products you choose to purchase and the websites or applications you visit. This information is used to deliver content tailored to your interests, enable our advertising partners to provide advertising services across the internet, and perform analytics and monitor the use of our Services.
5.2. You may refuse the use of cookies by selecting the appropriate settings on your browser or device. However, please note that if you do so, you may not be able to use the full functionality of our Platform or Services.
6. HOW DO WE USE THE INFORMATION YOU PROVIDE TO US?
6.1. We may collect, use, disclose, and/or process your personal data for the following purposes:
a. to consider and/or process your application(s), transactions with us, or your transactions or correspondence with third parties through the Services;
b. to administer, operate, provide, and/or manage your use of and/or access to our Services and Platform (including your preferences), as well as your relationship and user account with us;
c. to respond to, process, complete, or facilitate transactions and/or fulfill your requests for certain products and services, and to notify you of service-related matters and unusual account activities;
d. to enforce our Terms of Service or any applicable End User License Agreement;
e. to protect the personal safety and the rights, property, or safety of others;
f. for identification, verification, legal due diligence, or know-your-customer (KYC) purposes;
g. to assess and make decisions relating to your credit profile, risk profile, and eligibility for lending, buy-now-pay-later, or other credit-related products, where applicable;
h. to maintain and manage software updates and/or other updates and support required from time to time to ensure that our Services operate properly;
i. to address or facilitate customer service, carry out your instructions, and resolve or respond to any inquiries submitted by you or on your behalf;
j. to contact or communicate with you by telephone, SMS, fax, email, postal mail, or other means for administrative purposes and/or to manage your relationship with us or your use of our Services, including providing you with administrative information relating to our Services. You acknowledge and agree that such communications may include letters, documents, or notices sent by post, which may contain certain personal data about you on the documents themselves and/or on the packaging or envelope;
k. to enable other users to interact or communicate with you or view certain of your activities on the Platform, including notifying you when another user has sent you a private message, posted comments about you, or in connection with your use of social features on the Platform;
l. to conduct research, analysis, and development activities (including but not limited to data analytics, surveys, and the development and/or profiling of products and services), to analyze how you use our Services, recommend products and/or services that may interest you, improve our Services and products, and enhance your customer experience;
m. to conduct audits and surveys for purposes including verifying the size and composition of our target audience and understanding their experience with SPX Services;
n. for marketing and promotional purposes, including sending you, through various communication channels and methods, marketing and promotional materials relating to products and/or services (including, but not limited to, products and/or services of third parties with whom SPX collaborates or partners) that SPX and/or its affiliates or related companies may sell, market, or promote, whether such products or services currently exist or are developed in the future. You may unsubscribe from marketing communications at any time by using the unsubscribe function provided in electronic marketing materials. We may also use your contact information to send newsletters and/or communications from us or our related companies;
o. to provide loyalty, rewards, partnership, and incentive programs, as well as co-branded marketing campaigns, such as loyalty programs and co-branded credit cards developed in partnership with third parties;
p. to comply with legal processes, applicable laws and regulations, or requests from competent governmental authorities or courts, or where we reasonably believe disclosure is necessary, including but not limited to complying with disclosure obligations imposed by any applicable law binding upon SPX or its related companies or affiliates (including, where applicable, displaying your name, contact details, and company information);
q. to compile statistics and conduct research for reporting purposes and/or to maintain records required internally or by law;
r. to conduct due diligence, verification, or other screening activities (including but not limited to background checks) in accordance with legal or regulatory obligations, requirements imposed by competent authorities, or our internal risk management procedures;
s. to audit our Services or SPX's operations;
t. to prevent or investigate any actual or suspected violation of our Terms of Service, fraud, unlawful activity, misconduct, omissions, or wrongdoing relating to your use of our Services or arising from your relationship with us;
u. to respond to any actual or threatened claims against SPX or any claims relating to content that infringes the rights of third parties;
v. to store, host, and back up your personal data (whether for disaster recovery or other operational purposes);
w. to process and/or facilitate a business asset transaction or a potential business asset transaction involving SPX, any SPX affiliate or related company, or any combination thereof, together with any third parties participating in such transaction. A "business asset transaction" includes the purchase, sale, lease, merger, consolidation, acquisition, disposal, or financing of an organization or any part of its business or assets; and/or
x. for any other purpose that we notify you of at the time we seek your consent.
(collectively, the **"Purposes"**).
6.2. You acknowledge, authorize, and agree that we may access, store, process, and disclose your Account information and Content where required by law, pursuant to a court order, or upon the request of any governmental or regulatory authority having jurisdiction over SPX or its affiliates, or where SPX reasonably believes that such access, retention, or disclosure is necessary to:
a. comply with legal process;
b. comply with requests from any governmental or regulatory authority having jurisdiction over SPX or its relevant affiliates;
c. enforce our Terms of Service or this Privacy Policy;
d. respond to any actual or alleged claims against SPX or its affiliates, or claims that any Content infringes the rights of a third party;
e. respond to your customer service requests; or
f. protect the rights, property, or personal safety of SPX, its affiliates, our users, and/or the public.
6.3. As the purposes for which we collect, use, disclose, or process your personal data may vary depending on the circumstances, such purposes may not be exhaustively listed above. However, we will notify you of any additional purpose at the time we seek your consent, unless the applicable processing is permitted without your consent under applicable personal data protection or privacy laws.
7. HOW DOES SPX PROTECT AND RETAIN CUSTOMER INFORMATION?
7.1. We implement various security measures and make every reasonable effort to ensure the security of your personal data within our systems. Users' personal data is stored behind secure networks and is accessible only by a limited number of personnel who have special access rights to our systems. However, no method of transmission or storage can be guaranteed to be completely secure.
7.2. We will retain your personal data in accordance with applicable personal data protection laws and other applicable legal requirements. This means that we will destroy or anonymize your personal data upon your request in accordance with applicable privacy laws, or when we have reasonable grounds to determine that:
i. the retention of such personal data is no longer necessary for the purpose for which it was collected;
ii. retention is no longer necessary for any legal or business purpose; and
iii. there are no other legitimate grounds for continuing to retain such personal data.
If you stop using our Platform, or if your right to access or use the Platform and/or Services is terminated or withdrawn, we may continue to retain, use, and/or disclose your personal data in accordance with this Privacy Policy and our obligations under applicable personal data protection laws. Subject to applicable law, we may securely destroy your personal data without prior notice to you.
7.3. We reserve the right to refuse requests for deletion or destruction of personal data where such requests are inconsistent with applicable privacy laws or where, although otherwise valid, we are legally prohibited from deleting or destroying such data.
8. DOES SPX DISCLOSE INFORMATION COLLECTED FROM USERS?
8.1. In the course of our business operations, we may need to use, process, disclose, and/or transfer your personal data to third-party service providers, agents, our affiliates or related companies, and/or other third parties located within or outside Vietnam for one or more of the Purposes described above. Any such disclosure will be carried out in accordance with applicable laws and regulations. These third parties will process your personal data on our behalf or for us, or vice versa, for one or more of the Purposes described above. We endeavor to ensure that such third parties and our affiliates safeguard your personal data against unauthorized access, collection, use, disclosure, or processing, and retain your personal data only for as long as necessary to fulfill the relevant Purposes. Such third parties include:
a. our parent company, subsidiaries, affiliates, and related companies;
b. other users of our Platform for one or more of the Purposes described above;
c. contractors, agents, service providers, and other third parties engaged by us to support or supplement our business operations, including but not limited to providers of administrative services, postal services, telecommunications services, advertising and media services, information technology services, e-commerce services, and data center services;
d. governmental or regulatory authorities having jurisdiction over SPX, or as otherwise permitted under Section 6.2;
e. purchasers or successors in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of all or part of SPX's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings, where users' personal data forms part of the transferred assets, or counterparties involved in a business asset transaction with SPX or any of its affiliates or related companies; and
f. any other third parties to whom we disclose information for one or more of the Purposes, and who in turn collect and process your personal data for such Purposes.
8.2. We may share information, including statistical and demographic information about our users and information regarding their use of the Services, with advertising, analytics, and programming partners. We may also share statistical and demographic information about our users and their use of the Services with advertising partners and third-party providers of advertising, remarketing, and related services.
8.3. For the avoidance of doubt, where applicable personal data protection laws or other applicable laws permit organizations such as us to collect, use, or disclose your personal data without your consent, such legal permission shall continue to apply. Subject to applicable laws, we may process your personal data based on recognized legal grounds, including compliance with legal obligations, performance of our contract with you, our legitimate interests where such interests outweigh any impact on your data protection rights, or where necessary in connection with legal claims.
8.4. Third parties may unlawfully intercept or access personal data transmitted to or stored on websites, technologies may malfunction or fail to operate as intended, or unauthorized persons may gain access to, misuse, or improperly use information through no fault of ours. Nevertheless, we implement reasonable security measures to protect your personal data in accordance with applicable personal data protection laws. However, absolute security cannot be guaranteed, particularly in cases of unauthorized disclosure resulting from malicious hacking or sophisticated cyberattacks beyond our control.
9. INFORMATION ABOUT CHILDREN
The Services are not intended for children under the age of 13. We do not knowingly collect or retain any personal data or non-personally identifiable information from anyone under the age of 13, and no part of our Platform or Services is directed toward children under 13.
Parents or legal guardians of children under 13 are responsible for supervising and ensuring that such children do not provide personal information to SPX. If a parent or legal guardian provides personal information relating to a child under 13 to SPX, such parent or legal guardian consents to the processing of the child's information and agrees to be bound by this Policy on behalf of the child. We will suspend any account used exclusively by such children and remove and/or delete any personal data that we reasonably believe has been submitted by a child under the age of 13.
10. INFORMATION COLLECTED BY THIRD PARTIES
10.1. Our Platform uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies, which are text files stored on your device, to help analyze how users use our Platform. The information generated by the cookie about your use of the Platform (including your IP address) will be transmitted to and stored by Google on servers located in the United States. Google uses this information to evaluate your use of the Platform, compile reports on website activity for website operators, and provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required by law or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
10.2. We, and third parties, may from time to time provide software applications for download through the Platform or Services. These applications may separately access and allow third parties to view your identifying information, such as your name, user ID, device IP address, information relating to games you are playing during a particular session, and any cookies previously installed by third-party software or websites. Such applications may also require you to provide additional information directly to those third parties. Any third-party products or services made available through such applications are not owned or controlled by SPX. You are encouraged to review the terms and privacy policies published by those third parties on their websites or elsewhere.
11. DISCLAIMER REGARDING PRIVACY OBLIGATIONS AND THIRD-PARTY WEBSITES
11.1. WE DO NOT GUARANTEE THE SECURITY OF ANY PERSONAL DATA OR OTHER INFORMATION THAT YOU PROVIDE TO THIRD-PARTY WEBSITES. We implement a variety of security measures to safeguard the personal data under our possession or control. Your personal data is stored behind secure networks and is accessible only by a limited number of authorized personnel. When you place orders or access your personal data, we use secure servers. All personal data you provide is encrypted within our databases and accessed only as described above.
11.2. To provide added value, we may link to, frame, or integrate third-party websites, applications, or services within our Platform. We may also engage in co-marketing arrangements or other partnerships to provide e-commerce services and other features. These third-party websites, applications, and services maintain separate and independent privacy policies and security practices. Even where such third parties are affiliated with us, we do not control these linked websites, applications, or services, each of which has its own privacy and data collection practices independent of ours. Data collected by our co-marketing partners or third-party websites, applications, or services (even if made available through our Platform) may not be accessible to or retained by us.
11.3. Accordingly, we assume no responsibility or liability for the content, privacy practices, security measures (or lack thereof), or operations of such linked websites, applications, or services. These links are provided solely for your convenience, and your access to them is entirely at your own risk. Nevertheless, we seek to protect the integrity of our Platform and welcome your feedback regarding any linked websites, including if a particular website is not functioning properly.
12. WILL SPX TRANSFER YOUR INFORMATION OVERSEAS?
Your information and/or personal data may be transferred to, stored, or processed outside your country for one or more of the Purposes described in this Policy. SPX will only transfer your personal data overseas in compliance with applicable personal data protection laws.
13. HOW CAN YOU WITHDRAW YOUR CONSENT, REQUEST RESTRICTION OR OBJECTION TO PROCESSING, REQUEST YOUR PERSONAL DATA, OR ACCESS AND CORRECT THE INFORMATION YOU HAVE PROVIDED TO US?
13.1. Withdrawal of Consent; Request for Restriction or Objection to Processing
13.1.1. You may withdraw your consent, request restriction of processing, or object to our collection, processing, use, and/or disclosure of your personal data that we hold or control by emailing our Personal Data Protection Officer at dpo.vn@spx.vn. We will process such requests in accordance with this Privacy Policy and applicable laws.
13.1.2. Please note that withdrawing your consent or requesting restriction of or objection to the processing of your personal data may mean that we are no longer able to provide our Services to you, and we may need to terminate our existing relationship and/or any contract with you.
13.2. Request for Provision of Personal Data
13.2.1. You have the right to request that we provide you with your own personal data by submitting a request to our Personal Data Protection Officer at dpo.vn@spx.vn. You may also request that we provide your personal data to another organization or individual, or provide another organization's or individual's personal data to you, provided that you submit a valid authorization or other documentation evidencing the data subject's consent as required by law.
13.2.2. Your request will only be considered valid if it contains all required information and is submitted using the form prescribed under applicable privacy laws.
13.2.3. We may charge a reasonable fee for processing your request for personal data. If a fee applies, we will provide you with a written estimate based on the specific circumstances.
13.2.4. Where your request is valid under applicable law and we are legally permitted to provide the requested data, we will notify you of the time, place, method of delivery, applicable fees (if any), payment method and payment deadline (if any), and will provide your personal data in accordance with such notice and applicable legal procedures.
13.2.5. Please note that we are not obliged to process your request unless you have agreed to pay any applicable fee specified under Section 13.2.4 above.
13.2.6. We reserve the right to refuse to provide your personal data where permitted or required under applicable personal data protection laws.
13.3. Request to Access or Correct Personal Data
13.3.1. If you have registered an account with us, you may access and/or correct your personal data through the Account Settings page or the relevant functions on the Platform. If you do not have a registered account, you may request access to and/or correction of your personal data by submitting a written request to our Personal Data Protection Officer at dpo.vn@spx.vn. We will require sufficient information to verify your identity and understand the nature of your request before processing it.
13.3.2. We may charge a reasonable fee for processing your request for access to your personal data. If a fee applies, we will provide you with a written estimate. We are not obliged to process your request unless you have agreed to pay the applicable fee.
13.3.3. We reserve the right to refuse requests to correct personal data where permitted or required under applicable personal data protection laws.
14. QUESTIONS, CONCERNS, OR COMPLAINTS? CONTACT US
If you have any questions, requests regarding data protection, or complaints concerning our privacy practices, please contact us at:
SPX EXPRESS COMPANY LIMITED
Address: 25th Floor, Saigon Centre 2 Building, 67 Le Loi Street, Sai Gon Ward, Ho Chi Minh City, Vietnam
Email: dpo.vn@spx.vn or HERE.
Last Updated: November 25, 2024
Effective Date: December 2, 2024