PRIVACY POLICY
This privacy policy notice is served by PLAN B – belongs to ASEAN LINK CO.LTD (“Plan B”) under the website www.planbvietnam.com . The purpose of this privacy policy is to inform how we control, process, handle and protect your personal data or information through the business and while you are browsing or using this website. If you do not agree to the following privacy policy, you may wish to cease viewing or using this website and/or refrain yourself from submitting your personal data to us.
We collect and use your data to provide and improve our services. By using our services, you agree to the collection and use of data in accordance with the policy.
Policy Key Definitions
- “I”, “our”, “we”, “us” refer to the business (Plan B).
- “you”, “the user” refer to the person(s) viewing and using this website.
- GDPR means General Data Protection Regulation Act.
- Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
- Data Processor means any natural or legal person who processes the data on behalf of the Data Controller.
- Data Subject means any living individual who is using our service and is subject to personal data.
- Cookies mean small files stored on a user’s computer or device.
GDPR key principles
Our privacy policy embodies the following key principles:
- Lawfulness, fairness and transparency.
- Purpose limitation.
- Data minimisation.
- Accuracy.
- Storage limitation.
- Integrity and confidence.
- Accountability.
Collection and use of data
Through this website we collect several types of data for various purposes to provide and improve the quality of our services. In general, the types of data we collect are:
Personal data
Personal data may include, but are not limited to:
- First name and last name.
- Email address
- Phone number
- Address, city, province, state, ZIP code, country (location)
We use the collected personal data for various purposes:
- To provide you with our services
- To notify you about changes to our services and/or products
- To provide customer support
- To gather valuable analysis or information to improve our services
- To detect, prevent and address any technical issues
- To contact you with marketing and promotional materials (newsletters, reminders, etc.) and other information that may be of interest to you (if you wish not to receive any of the materials, you can choose to unsubscribe)
Usage data
We also collect information on how our services are accessed and used. Usage data generally include the following, but are not limited to: Internet Protocol (IP) address, browser type, device type, visited pages and visit period.
Cookies and tracking data
We use cookies and other tracking technologies, such as tags and scripts, to track the activities on the pages of our website and to hold certain information.The valuable information that we gather is used to analyse and improve the quality of our services.
To ensure seamless experience when browsing this website, you are required to accept cookies. However, you are also offered an option in which you can refuse all cookies or indicate when a cookie is being sent.
We use a cookie control system that allows you to accept the use of cookies and control which cookies are saved to your device. Some cookies will be saved for specific time periods, where other cookies may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device.
Legal basis for collecting and processing personal data
Plan B’s legal basis for collecting, using and processing any personal data described in this Privacy Policy depends on the personal data we collect and the specific context in which we collect the data.
Our principles for processing personal data are:
- Fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects are protected. All personal data are collected and processed in a legal and fair manner.
- Restricted to a specific purpose. The personal data of Data Subject must be processed only for specific purposes.
- Transparency. The Data Subject must be informed of how their data is being collected, processed and used.
Plan B may process your personal data when:
- We need to perform a contract with you
- You have given Cekindo permission to do so
- Processing your personal data is in PlanB’s legitimate interests
- PlanB needs to comply with the law
- Payment processing is required
Retention of personal data
Plan B will retain your personal data only for as long as is necessary for the purposes stated in the Privacy Policy.
Plan B will retain and use your personal data to the extent necessary to comply with our legal obligations, resolve disputes and enforce our policies.
Your individual data protection rights
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed of what personal data we hold about you and if you want it to be removed from our systems, please contact us.
Under the GDPR your data protection rights are as follows:
- The right to access, update or delete the information we have on you
- The right to be informed
- The right of rectification
- The right to object
- The right of restriction
- The right to data portability
- The right to withdraw consent
- The right not to be subject to automated decision-making, including profiling
We handle subject’s access requests in accordance with the GDPR. We ensure the security of any personal data we hold through secure data storage technologies and precise procedures. Our methods meet the GDPR compliance requirements.
Email marketing messages and subscriptions
In accordance with the GDPR, we use the consent lawful basis for anyone subscribing to our newsletter or mailing list. We only collect certain data about you, as previously stated.
We send any email marketing messages through an email marketing service provider (EMS), a third party service provider of software or application that allows marketers to send out email marketing campaigns to a list or lists of recipients.
All email marketing messages sent by Plan B may contain tracked clickable links or other similar technologies so that we can track activities within. Data that may be recorded include opens, clicks, dates and demographic data.
Any email marketing messages we send are in accordance with the GDPR. We provide you with an easy method to unsubscribe or manage your preferences at any time.
Third party companies
In addition to an email marketing service provider, we may employ third party companies to accommodate various purposes that include, but not limited to:
- Facilitating our services
- Providing services on behalf of Plan B
- Performing other related services
- Analysing our services
The third party companies will have access to your personal data in order to perform the required tasks only on our behalf. They are obligated to maintain the confidentiality of your data by not disclosing the data for any other purposes.
The third party companies that Plan B may use from time to time include Google Analytics, Google AdWords and Facebook.
Payments
Our services consist of paid and unpaid services and/or products. In case of paid services and/or products, payments are required. In general, we also use third party providers, such as PayPal, Visa and Mastercard, to help process the payments.
When you are required to provide payment details to process the payment, we will not store or collect any details related to your card or account. All payment processors are in compliance with the standards stipulated by The Payment Card Industry Data Security Standard (PCI DSS).
Contact Us
Should you require further information on our Privacy Policy, do not hesitate to contact us.
SERVICE TERMS AND CONDITIONS
Please read the following Terms of Service carefully before using services by PLAN B – belongs to ASEAN LINK CO.,LTD so that you are aware of your legal rights and obligations to ASEAN LINK CO.,LTD and its affiliates and subsidiaries (individually and collectively, “PlanB”, “we”, “us” or “our”). This Terms of Service shall be effective upon your payment of the Sales Order.
A. DEFINITION
1. Consultant, PLAN B is business trademark of ASEAN LINK COMPANY LIMITED, a limited liability company duly organized and existing under the laws of Vietnam that provides market entry consulting services: Business set up, company registration and licenses, product registration, Business Process Outsourcing, Property management, Real estate investment, visa and permit application, finding office space, Local Representation, and other services rendered.
2. Consultant website is planbvietnam.com or any other websites informed by Consultant, Plan B – ASEAN LINK CO.LTD, from time to time. .
3. Terms and Conditions is an agreement between the Client and the Consultant that contains a set of regulations governing the rights, obligations, and responsibilities of the Client and the Consultant, as well as the term for using the Consultant’s services.
4. Client is an individual or company who conducts payment of the Sales Order.
5. Services are all types of services, functions, responsibilities offered by the Consultant to the Client, the conditions of which are stated in this Terms and Conditions.
6. Consultant Account is an Account established by Consultant for payment/refund process at Consultant website, provided in Sales Order.
7. Sales Order is a list of services, functions, and/or responsibilities that have been requested by Client to be executed by Consultant, including “Addendum”, “Invoice” or “Quotation”.
8. Government shall refer to any institutions that has governmental authority or quasi-governmental authority, including its organs, be it in national or local level.
B. ACCOUNT, PASSWORDS, AND SECURITY
1. The Client hereby declares that the Client is sound in mind and capable of binding themselves in a legal agreement.
2. PLAN B in executing the Service may create email account or account at Government for Client’s interest including its passwords, either by using Client’s data or via Plan B’s internal process.
3. Clients are prohibited from creating and / or using devices, software, features and / or other tools intended to manipulate the Plan B system, including but not limited to: (i) data manipulation; (ii) crawling / scraping activities; and/ (iii) other activities that can be reasonably valued as acts of system manipulation.
4. Plan B without prior notice to the Client, has the authority to take necessary actions on any alleged violation or violation of the Terms and conditions and / or applicable law.
5. Client hereby agrees that every request to loan or transfer account and password made by PlanB in execution of the Service shall only be complied upon full payment of all outstanding Invoice billed by Plan B to Client.
6. The Client hereby indemnifies Plan B from any responsibility upon any loss or damages arising from misuse of the Client account caused by the Client’s negligence while using the account and password made by and loaned to and/or transferred by Plan B.
7. In the event that the Client breached article B.6, Client hereby grants the right to Plan B to declare that such Service has been completed without requiring to prove otherwise to Client.
C. SERVICES AND TRANSACTION
1. The Consultant will provide the list of Services and assistance, in accordance with which specifically listed in “Sales Order” and will provide such Services in a timely and competent way. Client will provide the Consultant all documents and information as requested by local Governmental Authority for the delivery of such Services.
2. For Services rendered pursuant to Sales Order, the Client agrees to pay the Consultant an non-refundable amount stated in Sales Order except regulated otherwise.
3. The payment shall be made in US Dollar (USD) or Vietnam dong (VND) with respect to the current rate at the date of payment, not later than 7 (seven) days after submission of invoices.
4. Any late payment for the service and assistance, including but not limited to additional invoices occurring as the result of Consultant’s work for the Client, shall be imposed with penalty based on the amount mentioned in invoice as the following:
30 (thirty) days after the submission of invoices: 2% (two percent);
b. 60 (sixty) days after the submission of invoices: 10% (ten percent);
c. 90 (ninety) days after the submission of invoices: 15% (fifteen percent); and
All Payment shall be based on Sales Order.
D. TERMS
- For the Service rendered pursuant to this Terms and Conditions such as accounting, tax and payroll services, professional shareholder agreement, product license holder, realestate leasing, properties management fees, virtual office, co-working office and annual type services. The contractual term shall be:
– 12 (twelve) months from the date of Service payment and is automatically extended for another 12 (twelve) months period based on the same terms and conditions herein, unless otherwise agreed by the parties for termination of Services within 1 (one) month prior to expiration of the original duration.
– and shall continue for a full uninterrupted 12 (twelve) months and shall not terminate with any terms, unless due to force majeure as regulated in this Terms and Conditions.
- The contractual term for the Service rendered pursuant to this Terms and Conditions such as Business set up, company registration, foreign Investment registration, license for conditional Business activities, product registration, Visa, work Permit, Residence Permit Application, Local Partnership selection, realestate leasing, properties management fees … shall become effective from the date of Service payment (Effective date) AND shall expire on the date that Services are completed thereunder (“Services Completion Date”).
– Client hereby acknowledges and agrees that, in the event that the client cannot provide Consultant the required list of documents within four months from the effective date, and do not require for extension, the Consultant has the rights to declare the completion of the service.
E. WAIVERS
The failure of either party hereto to promptly enforce this Terms and Conditions or any of its terms shall not constitute an implied modification or waiver of enforcement of any such term regardless of the number of times or the frequency with which any such term is violated.
F. SUCCESSORS IN INTEREST
These Terms and Conditions are binding upon and shall inure to the benefit of the parties hereto, their valid assignees and their successors in interest.
G. ASSIGNMENT
Services may not be assigned without the expressed written consent of the parties
I. EMPLOYEES
While this Terms and Conditions is in force and in the period of 12 (twelve) months after it ends, neither Consultant nor the Client may knowingly solicit or offer employment to any staff employed in the other party. This obligation shall be applied to any employees employed at the other party. Any breaching party shall pay the non-breaching party the equivalent compensation of 1 (one) year salary of any employees concerned. This clause shall not apply for HR Outsourcing employee under Plan B.
J. DISPUTE RESOLUTION
1. Any dispute arising from this Terms and Conditions (hereinafter referred to as the “Dispute”), shall firstly refer to negotiation.
2. The Parties shall opt for arbitration in accordance with the provisions of Arbitration Law in Vietnam failing to resolve such Dispute between Parties.
3. The tribunal shall consist of a sole arbitrator, mutually appointed by the Parties in accordance with the provisions of the Arbitration Act. Any arbitral award issued by such sole arbitrator shall be final and binding on the Parties. The venue of the arbitration is in HCMC and the language of the arbitration shall be English. The Procedural Rules opted by the Parties will be the UNCITRAL Rules. It is clarified that any awards whether interim or final, shall be made, and shall be deemed for all purposes to be made in Vietnam.
4. Judgment upon any arbitral award rendered hereunder may be entered in the courts of Vietnam, for a judicial acceptance of the award and an order of enforcement, as the case may be.
5. The Parties agree not to resort to any court litigation in any matter whatsoever so long as the dispute resolution process is in motion.
K. CANCELLATION
1. In the event that the Client decides to cancel/terminate Service after execution of this Agreement, the payment is non-refundable.
2. In the event of any services mentioned in “Sales Order” was delayed definitely or indefinitely, stemming from dispossession of original documents and information provided by the Client to the Consultant, the Consultant shall reserve the right to seek amicable solution or provide refund of the advanced payment to be determined by the Consultant. This clause shall not apply for any government fees, salary payments, office/ house/land lease service and similar coordinated by Consultant.
3. The Client agrees to disclose Plan B with all information concerning personal and/or institutional (including but not limited to shareholders, directors and commissioners) in criminal or cases that causes loss to state finance and/or related to financial sector committed in Client’s home country (for Foreign Citizen) or Vietnam, prior to engaging all Services.
Violation of this article shall grant Plan B the right to:
a. Determine whether to accept or reject to deliver the Services and/or provide refund for payment to Client;
b. Client agrees to indemnify Plan B from all legal consequences arising from this clause.
L. NOTICES
1. Notices shall be in writing and shall be sent through the Postal Service to Consultants’ address, or sent to the email address to: vietnamplanb@gmail.com and to client’s provided email.
2. Notice given in any other manners shall be conclusively presumed to be invalid, void and of no effect.
M. DISCLAIMER
1. Consultant will conduct its best effort to deliver the services and assistance, in accordance with which specifically listed in “Sales Order” in a timely and competent way, save for:
a. The negligence and/ or failure of the Client to provide all documents and information requested by local institutions for services realization;
b. Force Majeure (pandemic, fire, flood, typhoon, earthquake, strike (regional or national level), labor trouble or other industrial disturbance, war (declared or undeclared), embargo, blockage, legal prohibition, riot, insurrection, internet interference temporarily or permanently, planned or unplanned delays from the local institutions, change in government policy or any other cause beyond the reasonable control of such defaulting Party), preventing or delaying the performance temporarily or permanently.
The timeline in “Sales Order” represents a general timeline according to “usual standard business”. Consultant reserves the right to adjust such timeline as necessary by informing such changes to the Client.
2. The Consultant will endeavor to deliver the services and assistance according to the Sales Order, with the condition that the Client has provided all documents and information requested by local institutions for services realization. In the event that the product or services application was not approved by the local institutions although the Client has provided all documents and information requested, the Consultant will propose an alternative solution or method to the Client for consideration.
3. Notwithstanding article K.2, in the event that the Consultant does not obtain any response from Client, concerning execution, completion and/or renewal of services and assistance according to the Sales Order, proven by a cumulation of 5 (five) times email by official email from Consultant within 1 (one) year since the date of payment of Sales Order, then Client agrees to grant right to Consultant to conduct any action of the following concerning services and assistance:
a, Suspension;
b. Termination;
c. Transfer company ownership and license to any party appointed by Client beforehand;
d. Liquidate security deposit to cater the actions mentioned above/ all outstanding invoice and assistance; and/or
e. Demand compensation in the event that the security deposit is inadequate to accommodate such action and/or to bill all outstanding invoices.
N. SEVERABILITY
The remaining provisions of this Terms and Conditions shall not in any way be affected or impaired in the event of invalidity, unlawful or unenforceability under the applicable law.
O. MISCELLANEOUS
- The Client agrees and permits the Consultant to apply the right of retention concerning documents belonging to the Client under the Consultant’s care.
- The Client agrees and permits the Consultant to display Client’s name and/or trademark in Consultant’s website.
- Client authorizes Consultant to provide exclusive newsletters and offers via Client’s email.
- This Terms and Conditions is made in the English and the Vietnam language. If any inconsistency or different interpretation of the text between the English and Vietnamese, the English shall prevail.
- All matters which are not included or not adequately provided in this Terms and Conditions shall be settled by mutual agreement between the parties.
- Terms and Conditions may be revised and/or renewed from time to time without notice. Usage of Plan B service shall be deemed as Client’s approval to any revision and/or renewal of such Terms and Conditions.