PRIVACY NOTICE TO WALLET USERS

Updated on 25 October 2019

This Privacy Notice applies to your creation, access and use of the electronic wallet services known as the eMonkey E-wallet. The eMonkey E-wallet service is operated by M-Pay Trade and Technology Services Joint Stock Company (“M-Pay”). This Privacy Notice sets out how we may collect, use, disclose and otherwise process your Personal Data for the purposes relating to our eMonkey E-wallet services as enumerated below.

For the purpose of this Privacy Notice, “Personal Data” means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

Capitalized terms used in this Privacy Notice but not defined here shall have the meaning ascribed to them in the Terms and Policies of Use of the eMonkey E-wallet (“eMonkey E-wallet Terms of Use”). All references to "we," "us," or "our" shall refer to M-Pay as operator of the eMonkey E-wallet. “You” and “your” shall refer to the User who has completed registration of the eMonkey E-wallet Account and thus have been authorized to use the eMonkey E-wallet services.

From time to time, it is necessary for you to provide us with Personal Data in connection with the opening or maintenance of your eMonkey E-wallet and the receipt of the services provided by us under the eMonkey E-wallet Terms of Use. This includes Personal Data that you provide to any e-commerce website or mobile application including Recess Company Limited (“Lazada Vietnam”) when you intend to use the eMonkey E-Wallet for making payments on such e-commerce website or mobile application. The Personal Data requested by us is mandatory. If you do not supply such Personal Data to us, or if we cannot access or process the Personal Data provided in connection with your registration as a user of an e-commerce website or mobile application, it may result in us being unable to open or maintain your eMonkey E-wallet, to provide services under the eMonkey E-wallet Terms of Use or to comply with any laws or guidelines issued by regulatory or other authorities.

BY CLICKING OR CHECKING “I WANT TO ACTIVATE THE WALLET” OR SIMILAR STATEMENTS AVAILABLE AT THE VARIOUS EMONKEY E-WALLET ACTIVATION INTERFACES, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF AND UNDERSTAND THE TERMS OF THIS PRIVACY NOTICE AND THAT YOU HAVE AGREED TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.

In this Privacy Notice, the word “including” has the meaning of “including but without limitation”.

A. COLLECTION OF PERSONAL DATA

We may obtain the following Personal Data from various sources (e.g. from you or through third parties):

1. Information obtained from your computer, mobile device or other item of hardware through which you access and use the eMonkey E-wallet services (including your IP address, geographical location, device identification codes and other features/data that can be used to identify a device, browser/platform type and version, internet service provider, operating system, referral source/exit pages, length of visit/usage, page views and other device information derived from your devices (collectively, “Device Information”).

2. Information obtained when (1) you register as a general user of an e-commerce website or mobile application including the e-commerce platform operated by Lazada Vietnam, and (2) you register as a user of the eMonkey E-wallet, including your name, date of birth, gender, address, telephone number, email address, social media account (collectively, “Registration Information”).

3. Information obtained (directly or indirectly) during your use of the eMonkey E-wallet, including your bank account numbers, billing and delivery information, billing address, transaction data, credit/debit card numbers (including CCV codes), expiration dates, account holder’s name, information from cheque or money orders and bank statements (collectively, “Account Information”).

4. Where necessary, in order to prevent your account or assets from being compromised, or to comply with laws and regulations regarding the “Know-Your-Client” processes, we may also collect your ID documents such as resident ID card, passport or other documents, as well as your address proof and/or other information that can be used to identify you (collectively, “KYC Information”).

5. Combination, derivation or updated versions of the above Device Information, Registration Information, Account Information, KYC Information or such other information may be accessed or collected (automatically or manually) during your registration as a user of the eMonkey E-wallet and/or in the course of your use of the eMonkey E-wallet.

We have taken steps to ensure that we do not collect more information (whether or not such information constitutes Personal Data) from you than is necessary for us to provide you with our services, to serve the purposes set out in Section B of this Privacy Notice, to protect your account, to comply with our legal obligations, to protect yours and our legal rights, and to operate our business.

B. USE OF PERSONAL DATA

We may use the Personal Data that we obtain about you for the following purposes of:

1. Verifying your identity, including during account creation, password reset process and other actions that require identity verification.

2. Verifying your eligibility to register as a good faith user of the eMonkey E-wallet (including detection and verification of any anti-money laundering, counter-terrorist financing or other unlawful activities) or to legally use any of the features and functions of the eMonkey E-wallet.

3. Processing your registration as a user, allowing you to log-in using your e-commerce platform log-in ID including the Lazada log-in ID, and maintaining and managing your registration.

4. Providing you with eMonkey E-wallet and related customer services, including repayment of debts, remittance of money, fund transfer, provision of loans, facilitating the settlement of purchase price for goods and services, shipping and related services for purchases, charge-backs, sending notices about your transactions, and responding to your queries, feedback, claims or disputes.

5. Improving and expanding our offerings by way of research and development of new functions of your eMonkey E-wallet or other new products and services that we may offer from time to time.

6. Performing research, statistical analysis or surveys, whether orally or in writing, in order to manage and protect our business including our information technology infrastructure, to measure the performance of eMonkey E-wallet and other services we offer and to ensure your satisfaction with our services.

7. Analyzing trends, usages and other behaviors (whether on an individualized or aggregated basis), which helps us better understand how you and our collective user base access and use the eMonkey E-wallet and the underlying commercial activities conducted, including for purposes of improving our services and responding to customer queries and preferences.

8. Subject to having obtained your consent in accordance with applicable law, we may provide you with direct marketing information relating to goods and services offered by us or selected third parties, by means of contacting you with your Personal Data, including your telephone number, email address, post address, social and media accounts.

9. We may also conduct automated-decision making processes in accordance with any of the purposes herein mentioned in this Section B.

10. Managing risk, performing creditworthiness and solvency checks, or assessing, detecting, investigating, preventing and/or remediating fraud or other potentially prohibited or illegal activities and otherwise protecting the integrity of our payment platform.

11. Detecting, investigating, preventing or remediating violations of the eMonkey E-wallet Terms of Use, any applicable internal policies, relevant industry standards, guidelines, laws or regulations.

12. Making such disclosures as may be required by any law or regulation of any country applicable to us or our affiliates, government official or other third parties, including any card association or other payment network. Disclosures may also be made pursuant to any subpoena, court order, regulatory requests or other legal process or requirement in any country applicable to us or our affiliate.

13. Making any such disclosure as may be authorized by applicable laws to prevent any harm or financial loss, to report any suspected illegal activity or to deal with any claim or potential claim brought against us or our affiliates.

14. Enabling any due diligence and other appraisals or evaluations for actual or proposed merger, acquisition, financing transactions or joint ventures.

15. Any other legitimate business purposes, such as protecting you and other users with an eMonkey E-wallet from losses, protecting lives, maintaining the security of our systems and products, and protecting any of our other rights and/or properties.

We may also use your Personal Data in other ways for which we provide specific notice at the time of collection or for which you have subsequently consented.

C. DISCLOSURE/SHARE OF PERSONAL DATA

Your Personal Data held by us will be kept confidential but we may provide such information to the following parties (whether within or outside your country of residence) for the purposes set out in Section B above:

1. affiliates of M-Pay or other companies within the M-Pay group, and the companies affiliated to these entities;

2. e-commerce website or mobile application providers or operators including Lazada Vietnam and other members of the Lazada Group, and companies affiliated to these entities;

3. our agents, contractors, professional advisers or third party service providers (including their employees, directors and officers) who provide us with administrative, telecommunication, computing, audit, remittance, banking, legal or other services under a duty of confidentiality to us; the service they provide to us may include, where approved by the applicable law, fraud prevention, remittance, currency exchange, bill collection, data entry, database management, website hosting, software development, promotion, marketing, customer service, technology services, products and services alerts and payment extension services;

4. merchants and other organizations, such as card associations, payment networks or financial institutions, to whom or through which payments are made using the eMonkey E-wallet, or such other entities to enable your use of the eMonkey E-wallet.

5. third party financial institutions, banks, collection agents and credit agencies;

6. professional advisers, law enforcement agencies, insurers, government and regulatory authorities or any other organizations to which M-Pay is under an obligation to make disclosures under the requirements of any applicable law, regulation or commercial arrangement, including arrangements with any card association or payment network; and

7. entities involved in any merger, acquisition, financing transaction or joint venture with us.

Whenever we share your personal data with third parties, we will take all reasonable steps to ensure that your privacy rights continue to be protected under the applicable data protection legislation

D. ACCESS AND UPDATES TO PERSONAL DATA

You have the right to access, review and update Personal Data that we have collected and retained from you.

You are responsible for informing us about changes to your Personal Data from time to time and have the right to request for the amendment of inaccurate or incomplete Personal Data by submitting a request via our contact information provided under Section I below. We will screen and verify all requests before effecting the corrections. Once verified, we will effect the corrections or updates as soon as commercially feasible.

In order to verify your Personal Data, we may request you to provide supporting documentation to corroborate the Personal Data already provided.

E. SECURITY MEASURES AND RETENTION

We take all reasonable steps and precautions, including technical, administrative and physical safeguards, to help protect your Personal Data that we collect and process against loss, misuse and unauthorized access, disclosure, alteration and destruction.

We will retain and procure our service providers (See details under Section C) to retain your Personal Data only for so long as is necessary for the purposes set out in this Privacy Notice and in accordance with applicable laws and regulatory requirements.

We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer or a mobile device with others, you should not save your log-in information (e.g., user ID and password) on that shared device. 

F. INTERNATIONAL DATA PROCESSING

Your Personal Data may be processed outside your country of residence (including outside Vietnam) to the extent permitted by applicable laws. In those cases, we will ensure that we comply with the requirements of applicable laws regarding the cross-border processing of your Personal Data, including where applicable, providing an adequate level of protection to your Personal Data that is comparable to the level of protection afforded by the data protection laws of your country of residence.

G. THIRD PARTY SERVICES AND WEBSITES

The eMonkey E-wallet may provide links to other websites and services (including apps operated by third parties) for your convenience and information. These services and websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you to review before you use any of their services or conduct any activities on those websites. To the extent that any linked websites you visit are not owned or controlled by us, we are not responsible for their contents, their privacy practices and the quality of their services.

H. CHANGES TO THIS NOTICE

We reserve the right to change, amend or revise this Privacy Notice from time to time and without prior notice. Please review this page periodically for the latest information on our privacy practices.

If we make any material changes, we will notify you by one or more of the following means: (1) a notice sent through web or mobile app interface of your eMonkey E-wallet, (2) an email sent to the e-mail address specified in your account, or (3) a notice sent through other messaging channels that you have provided to us. However, please note that the notice is sent as a bona fide action of us. By continuing to use the eMonkey E-wallet, you will be considered to have agreed to and been notified of any updated version of this Privacy Notice concerning the collection, use, storage, transfer and disclosure of your Personal Data as set out in this Privacy Notice.

I. CONTACT INFORMATION

If you wish to contact us, please contact our Customer Service at 1900 545527.

We and/or the payment service provider may charge a reasonable fee for processing any of your requests if permitted by applicable law.