General Terms & Conditions of Use
Effective Date: 11 Nov 2022
TOTALENERGIES MARKETING VIETNAM COMPANY LIMITED, whose head office is located at Lot 3, Go Dau Industrial Park, Phuoc Thai Commune, Long Thanh District, Dong Nai Province, Vietnam under the enterprise code 3600258817 and our affiliates and subsidiaries (collectively, “TEMV”), know how important privacy is to our customers and distributors. This General Terms and Conditions of Use (“GTCU”) outlines our current policy on personal data and cookies charter concerning distributors and consumers and covers the operations of use of our websites under https://totalenergies.vn/ (the “Site”) and mobile software applications, including our SSM & Loyalty application and may cover some data pulled from affiliated applications, to the extent that data is included in the SSM & Loyalty application (“App”).
This policy may change from time to time with advance notice. Your continued use after we make changes and notify you in advance of such changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
We encourage you to read this whenever you visit our Site or use our App, since we may change this GTCU from time to time. A copy of the current GTCU is always posted at https://totalenergies.vn/general-terms-conditions-use
This GTCU covers our activities throughout the world. We may host the Site or information within the App on servers located within these countries, including Vietnam or in any other country we, our service providers, or our service providers’ vendors maintain facilities as required or permitted by laws. This means that your personal data may be stored on servers located within any country where there are TEMV locations. The locations of our servers may change from time-to-time.
- Personal Data We Collect through the Site and App
In general, you can browse the non-password protected portions of our Site without telling us who you are or revealing any personal data about yourself, except for our limited processing of data via “cookies” as described in Section 8.
We may collect personal data from you on our Site and App or through any other digital or personal communication with you. Data collected by us is voluntarily provided by you and may be integrated with other data you have provided to our distributors, if applicable.
You may choose to integrate data from your account with the Site and our App, but you will have the opportunity to opt-in to that integration of data across different platforms. Our Site and the App may also collect general data about your technology interface or preferences (such as the type of browser used or the files requested). Some of the data described below is mandatory for the performance of certain services, and if not entered, you may not be able to utilize or participate in some of our online services or features.
The data we may collect through your use of the Site may include, but is not limited to:
• Where the account registration feature is available, your contact data to create an account on our Site, such as your first name, last name, phone number, and email address;
• Where the account registration feature is available, your profile username and password to enter the password-protected portion of the Site;
• Your transaction history relating to the purchase of our or our distributor’s products/services or other data you wish to share with us and integrate with the Site;
• Data provided by you when you participate in a survey or communication to you regarding your use of the Site, or utilizing TEMV’s or TEMV’s distributors’ services or purchasing TEMV’s or TEMV’s distributors’ products;
• Data provided by you to participate in advertising contests or sweepstakes;
• Various account data related to your use of Site to allow you to update credit card, bank account, other payment data, or any other data regarding your profile;
• If you are a distributor, we may collect detailed data such as your first name, last name, email address, phone number, address, and general financial data such as liquidity and assets, to evaluate your qualifications for a TEMV’s distributor;
• If we offer alternative sign ins, we may collect certain sign on information you have provided to third parties, such as Facebook or Twitter, when you sign on to use our Site or App through these third parties;
• Computer data or files, obtained via so-called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site and for us to credit your account for various online transactions;
• Computer data files, obtained via so-called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
• Your IP address to measure our website traffic and to help provide a more personalized experience.
To fully utilize the products and services available through our App, you may choose to download separate applications, and may opt to have the data entered into those applications automatically integrate with the App. We may also integrate the App with other applications or platforms, or additional applications that are useful to integrate your activity. If you choose to integrate data collected by a separate application or entity, once integrated with the App, we will also have access to and the right to use, collect, process, disclose and transfer the data provided to your profile on our App. Any of these third party applications will have their own privacy policies and terms regarding the collection, use and maintenance of data entered through that third party application.
The data we may collect through your use of the Apps may depend on the version of the App or the country you are in, but this data may include, but is not limited to:
• Data to register for your App account, such as first name, last name, email address and other user data, as well as a username and password to access the App;
• Your activity history regarding your use of the App, such as your visits or utilization/purchase of TEMV’s or TEMV’s distributors’ products or services;
• Certain location or geolocation data pulled directly from your mobile device, your wireless carrier or certain third party providers, to allow tracking of your activity. This collection and tracking may occur even when the App or other related applications are not actively open and running;
• Records of copies of your correspondence, if you contact us;
• Data provided by you when you participate in a survey or communication to you regarding your use of the App, or utilizing TEMV’s or TEMV’s distributors’ services or purchasing TEMV’s TEMV’s distributors’ products;
• Various account data related to your account to allow you to update credit card, bank account, other payment data, or any other data regarding your profile;
• If we offer alternative sign ins, we may collect certain sign on information you have provided to third parties, such as Facebook or Twitter, when you sign on to use our App through these third parties; and
• Computer data or files, obtained via so-called “cookies,” which may be sent by your mobile device to allow our server to “recognize” you through the navigation of the App and for us to link your activity on the App with your account.
- Data obtained from your Social Media Accounts
You may choose to log into your account on the Site or through our App via certain social media networking services, such as Facebook and Twitter (“Social Media Accounts”). By integrating these Social Media Accounts into your account, we are able to offer you more personalized services, but may also collect certain personal data provided in your Social Media Accounts, such as your profile data, email address, profile picture and friend list. If you do not want us to have access to this data, do not utilize the Social Media Account sign-in feature.
- Children Under the Age of 15
Our Site and App are not designed for children and we do not knowingly collect data from any person under the age of 15. If you are under the age of 15, please do not access or submit any personal data to us through the Site or any App. If we learn we have collected or received personal data from a child under 15, we will delete that data.
6. How We Use and Share Your Personal Data
We will use your personal data to provide the services we offer on the Site and through our App, including:
• Processing and updating your account, including personal data you provide, credit card data or other electronic payment processing;
• Processing your billing data, which may be contracted to our third party payment processing vendor;
• Contacting you regarding services/products you have engaged in or with;
• Providing you with data regarding points of sale nearest to you or certain data regarding your transactions;
• Conducting marketing and research, through direct surveys to you, but also through our or our distrubutors’ communication with you;
• Providing you with information you have requested from us, our distributors you have engaged with;
• Developing and displaying content and advertising tailored to your interests and preferences;
• Processing your distribution/partnership application and contacting you regarding partnership opportunities;
• Conducting contests and sweepstakes;
• Sending you electronic communications you have requested, such as text messages, push notifications, notifications through our App or through your mobile device;
• Providing you with updates and content based on your geo-location data you have provided to us;
• Providing assistance; and
• Contact you regarding updates to the Site, App, or provide administrative notices to you.
We strive to offer you an integrated, comprehensive way to manage your purchase and activity. In order to operate the Site and App as one seamless experience, however, we must share your personal data with our parent company, subsidiaries, and affiliates to provide you with the integrated services offered through the Site and App. We may also share such data with our distributors, or other business partners with whom we collaborate or work with to provide specific services to you or if we think the products or services they offer would be of interest to you. We may provide user data to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our Site or App, development of online products and services, customer service or new product development, or other contracted promotional opportunities provided to our users. We, as well as our distributors, vendors, or other business partners may use this data for marketing and solicitation purposes.
While we try to be selective in working with third parties, we are not responsible for their use of your personal data. Where payments are involved, we must release your credit card data to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds. We may transfer to our online service providers personal data you provide to us so that these parties may store and process your personal data to provide their services to us.
We may share aggregate data with vendors, potential advertisers, business partners, or other third parties.
We will not give or sell your personal data to any other party.
- Additional Disclosures
We may also disclose personal data in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.
In addition, since member data on our Site and in our App is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal data to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable and permitted.
- Our Use of “Cookies” on the Site and App
A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Site or App by associating identification numbers with other user data you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Site or App. Some third party service providers may use “flash cookies,” which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. To learn how to manage your flash cookie settings, visit the Flash player settings page on Adobe’s website.
In collecting and maintaining cookie-based data or other data collected directly from your mobile device, such as your geolocation, we are able to:
• Provide you with access to your user preferences, and sign-in on approved devices;
• Provide the basic functionality of the App, such as displaying your live location and movement;
• Installing and monitoring elements of the App for security purposes;
• Help diagnose problems with the Site or App, administer and improve the Site or App, and measure the use of the Site or App;
• Identify your internet provider, page views and other data regarding utilization of the Site;
• Gather other web analytics data related to your and other users’ use and navigation of the Site and App;
• Provide you with relevant content, including advertisements and other offers from third parties;
• Aggregate cookie data across all users to track overall visitor traffic patterns and provide this aggregated data to vendors, potential advisors, business partners, new agencies, or other parties to identify interests or plan for technical infrastructure requirements;
• Conduct advertising based on your use of the Site or App, as described below; and
• Otherwise provide improvements and enhancements to the Site.
We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display our product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with our products or services. Any data that these third parties collect via cookies is not linked to any personally identifiable data (name, address, email address, or phone number) we collect or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.
- Our Relationship with the Websites
10. Your Rights
If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law you may have the right to: request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your personal data; request data portability, and object to the processing of your personal data. Please note that these aforementioned rights might be limited under the applicable national data protection law.
Right of access - You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
Right to rectification - You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure - Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
Right to restriction of processing - Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
Right to data portability - Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
Right to object - Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data.
Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
- Opting Out or Unsubscribing
You may opt out of certain collections of cookies or other web or mobile device based enhancements, including geolocation data collection, by changing your browser settings or going into your preferences on your mobile device and restricting the transmission of certain data. Your limitation of the collection of this data, however, may disable our ability to provide you with the most relevant products or information regarding the Site and App. Currently, our servers do not respond to browser “do not track” signals.
To limit the integration of the Site and App with other related applications you may disable the application through your setting preferences on the App or delete the applicable application from your mobile device. Deletion of the application may not delete data previously obtained through the related application.
To unsubscribe from our emails or other communication from us or a third party, you may follow the “unsubscribe” link at the bottom of the email or sign onto your account and change your email settings. To unsubscribe from text messages or any other mobile messages, you may contact us at the information at Section 19.
11. Security of Your Personal Data
We take reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including personal data. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal data.
12. Retention of Your Personal Data
We keep your personal data only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.
When we no longer need to use your personal data, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, to comply with legal or regulatory obligations to which we are is subject, e.g. statutory retention periods, or if we need it to preserve evidence within the statutes of limitation, which is usually three years but can be up to thirty years.
13. Use and Undertakings of the User
You agree and undertake that you:
- have the necessary skills and means to access and use the Site and the App;
- have verified that the computer configuration used does not contain any viruses and is in perfect working order.
14. Intellectual property
Principle - All information or documents (texts, animated or static images, sounds, photographs, know-how, quoted products) displayed on the Site and the App as well as all elements created therefor and its general structure, are the property of the TEMV or are subject to use, reproduction and representation rights that have been granted for its benefit. These information, documents and items are subject to laws protecting copyright insofar as they have been made available to the public on the Site or the App. No license or any right other than to view the Site or the App has been granted to any person with respect to intellectual property rights. Reproduction of the Site or the App documents is authorized solely as information for personal and private usage. Any reproduction and any use of copies made for other purposes is expressly prohibited and subject to the prior and express authorization of TEMV. In all cases, the authorized reproduction of information displayed on the Site or the App must quote the appropriate source and ownership.
Distinguishing Marks - Unless otherwise stated, company names, logos, products and brands quoted on the Site and App are the property of TEMV or are subject to use, reproduction or representation rights that have been granted for its benefit. They may not be used without the prior written consent of TEMV.
Databases - Any databases made available to you are the property of TEMV. You are prohibited from extracting or reusing any qualitatively or quantitatively substantial part of the databases, including for private purposes.
Photos – Videos Credits - Photo/video credits are available when hovering over images/videos.
Activation of links
TEMV formally declines any liability for the content of the websites to which it provides links. The decision to activate the links is made solely by you. TEMV may modify or delete a link on the Site or the App at any time.
16. Authorization of links
If you wish to create a hypertext link to the Site or the App, you must obtain the prior written consent of TEMV by using the contact details mentioned at the end of the GTCU.
17. Formal Notice
Information and recommendations available on the Site and the App (hereinafter “Information”) are provided in good faith. They are supposed to be correct at the time they are published on the Site or the App. However, TEMV neither represents nor guarantees the completeness and accuracy of the Information. You fully assume the risks associated with the credit you give them. The Information are provided to you on the condition that you or any other person who receives them can determine its interest for a specific purpose before using them. In no event shall TEMV be liable for any damages that may result from the reliance on or use of the Information. The Information should not be considered as recommendations for the use of information, products, procedures, equipment or formulations that would be in contradiction with any intellectual property right. TEMV declines any liability, express or implied, if the use of the Information contravenes an intellectual property right.
No warranty, express or implied, is given regarding the commercial nature of the Information provided, nor as to their suitability for a particular purpose, nor as to the products referred to in such Information. Under no circumstances, TEMV undertakes to update or correct the Information that will be published on the Site or the App.
TEMV does not guarantee, without this list being exhaustive, that the Site or the App operates without interruption and that the servers that provide access to it and/or third party sites for which hypertext links refer do not contain viruses.
The documents presented on the Site or the App may contain forward-looking statements about the TEMV.
The forward-looking statements contained in these documents are based on economic data and assumptions made within a given economic, competitive and regulatory environment. They may prove to be inaccurate in the future and depend on risk factors that could cause actual results to differ materially from those contemplated, such as, but not limited to, changes in exchange rates, the price of petroleum products, the ability to achieve cost reductions or efficiency gains without undue disruption to operations, environmental regulatory considerations and general economic and financial conditions. Similarly, some financial information are based on estimates, particularly when assessing the recoverable amount of assets and the amounts of any impairment losses.
TEMV assumes no obligation to update or revise, in particular as a result of new information and/or future events, any or all of the statements, forward-looking statements, trends or objectives contained in these documents.
18. Changes to our GTCU
We reserve the right to modify this GTCU, completely or in part, from time to time through the posting of notices on the Site or the App, at any time. You should check the Site or the App frequently for notices to identify modifications of the GTCU that may be of interest to you. However, if there is any change relating to the collection, processing or use of your personal data, we will reach out and notify you in advance.
If one or more provisions of the GTCU are found not to be applicable or prohibited by applicable laws, the other provisions of the unaffected GTCU shall remain applicable to you to the extent permitted by such regulations.
The GTCU are subject to Vietnamese laws and/or the laws of the jurisdiction whether you locate.
19. How to Contact Us
For further information or enquiries regarding your personal data (including to request access to or correction of your personal data or to make a privacy complaint), please contact our representative at:
TOTALENERGIES MARKETING VIETNAM COMPANY LIMITED
Unit #1601, Sailing Tower, 111A Pasteur Street, District 1 Ho Chi Minh City
Email address: [email protected]
Phone number: 09069 54596