Terms of Use
Article 1 (Purpose)
These MUJI passport terms of use (hereinafter referred to as the “Terms of Use”) shall apply to the smartphone application, namely, MUJI Passport Vietnam (hereinafter referred to as the “Application") and services provided through the Application (hereafter referred to as the “Service") owned and operated by MUJI RETAIL (VIETNAM) LIMITED LIABILITY COMPANY (hereinafter referred to as the “Company", “we” or “us”).
Article 2 (Definition)
(1) “User” means the individual who has downloaded the Application for him/her smartphone or other devices (hereinafter collectively referred to as the “Device”).
(2) “Mile” means the reward points given to the User by the Company under the conditions provided herein and displayed on the Application.
Article 3 (Acceptance of Terms of Use)
User shall be deemed to have accepted the Terms of Use by taking actions to expressly show his or her acceptance as instructed by us during the installation process of the Application. User shall not use the Application without accepting the Terms of Use.
Article 4 (User Eligibility)
- Any individual who falls into the following categories shall be allowed to use the Application and/or the Service:
(1) Individuals aged 16 and more living in Vietnam, who has full civil act capacity. For individuals aged 16 and more whose civil act capacity is declared as restricted or lost by the court of competent jurisdiction, the consent of a guardian shall be required.
(2) Other individuals who fall under the entitlements for use at the discretion of the Company from time to time. - Individual who wants to use the Application or the Service shall be able to use it by downloading the Application and registering as its User.
- The Company may suspend supply of the Service to the User if the Company finds that the User falls under any of the following categories. In addition, the Company shall not be liable for any damages or disadvantages suffered by the User resulting from the inability to use.
(1) In the case where the User is under the age of 16.
(2) In the case where the User has been found out to have committed or being in the process of committing an unlawful activity or violations by using the Application, the Service, other services provided by the Company, or via other transactions with the Company.
(3) In the case where the User is a person aged 16 or more whose civil act capacity has been restricted or lost and the consent of a guardian has not been obtained when he/she registered as a User on the Application.
(4) In the case where the User logs in the Application with his or her personal information by using the Application downloaded by other persons’ Device or a Device obtained by unauthorized means.
(5) In the case where the User falls under any of the reasons for the suspension or cancellation of the User's entitlements set forth in Article 16 hereof.
(6) Other cases where the Company deems the User inappropriate for his or her misuse or misconduct of the Application.
Article 5 (Management of Device and User Identity)
- The User shall be responsible for the management of the Device as well as the User’s ID name and password of the Application (collectively referred to as the "Device and User Identity").
- The Company shall not take any responsibility for the damage and/or expenses incurred by the User or any third party, which has occurred due to the illicit use of the Device and User Identity, error in use, third party's use, or unauthorized access.
Article 6 (Lending and Transferring User Identity)
The User shall not lend or transfer his or her User Identity to any third parties. The Company shall not be in any way responsible for any damage and/or expenses incurred by the Users or other third parties caused by the User’s lending, transferring, or pawning of the User Identity. If any damage or expenses occurred to the Company in connection with the lending, transferring, or pawning of the User Identity, the User who made such lending, transferring, or pawning shall compensate the Company for the full amount of damages and expenses in accordance with the prevailing laws and regulations.
Article 7 (Protection of User Information)
- Upon the User’s consent, information about the User obtained by the Company related to the Application and the Service (hereinafter referred to as the "User Information") shall be retained by the Company. In addition to the Terms of Use, the Company shall process the User Information appropriately in accordance with the Company’s Privacy Policy displayed in the Application (hereinafter referred to as the “Privacy Policy”) and the applicable laws and regulations of Vietnam.
- The Company shall set up a mechanism to receive and settle the User’s claims or complaints related to the use of User Information for the Application or the Service. The User, in such case, will cooperate with the Company, including disclosure to the Company all the information and documents regarding the User’s complaints or claims (if any).
- If the User is determined by the Company’s record system that he or she has not used the Application for the period set forth separately in the Privacy Policy, Company will be entitled to delete the User Information from its server or system.
Article 8 (Change in User Information)
- The User is entitled to access to his or her own User Information obtained by the Company through the Application according to the Privacy Policy.
- The User shall immediately notify the Company if there is any change in his or her User Information which was supplied to the Company. Upon the User’s notification, the Company shall confirm and update the User Information.
- In the case where the User Information including contact information is not supplied as provided in the preceding paragraph, or the User Information is incorrect or incomplete, the Company may not be able to deliver notification or a benefit to the User in an appropriate timing. In such a case, it is assumed that User has received them as originally scheduled, and the Company shall not be liable for any disadvantage it may cause to User.
Article 9 (Company’s Notification)
- Notices from the Company to the User will be provided by postings on the Application or the Company’s website (https://www.muji.com/vn/vi/store/cust/notification), hereinafter referred to as the “Website”) or by other means deemed appropriate, except as otherwise provided herein.
- In case the notice referred to in the preceding paragraph is provided by posting on the Application or the Website, the notice is deemed to be received by User when the notice is posted on the Application or the Website.
Article 10 (Miles)
- In cases where the User checks in at the Company’s stores by using the Application, or purchases the Company’s products at the stores, or in other cases as clearly displayed in the Application, the Company may grant a certain number of Miles to the User pursuant to the conditions set forth by the Company and displayed in the Application.
- Miles are not exchangeable for cash. However, the Company may grant a benefit to the User according to the numbers of Miles under the conditions set forth separately in the Application or the Website from time to time.
- The User cannot share, combine, give, rent or transfer accumulated Miles to other Users or any third party.
- If the User’s member registration is duplicate, the User will not be entitled to combination of the Miles from all accounts.
Article 11 (Expiration of Miles)
All Miles will expire after the period which the Company set forth separately in the Application or the Website (https://www.muji.com/vn/passport/).
Article 12 (Miles Invalidated or Cancelled)
In the event where any of the following cases occurs, the Miles shall be invalidated or cancelled, in whole or in part, automatically or by the Company. In such cases, the Company shall neither provide any compensation nor be responsible in any other ways for invalidated or cancelled Miles.
(1) In the case where the Company has suspended the User’s usage of the Application in accordance with Article 4 clause 3 hereof.
(2) In the case where the Company has verified that the information supplied to the Company contains any untrue, incorrect or unlawful content.
(3) In the case where the User earned Miles by any inappropriate means.
(4) In the case where the User breaches the Terms of Use.
(5) In the case where the User’s account is deleted.
(6) In the case where the User Information is deleted in accordance with Article 7 clause 3.
(7) In other cases where the Company, at its sole discretion, deems it appropriate to cancel the Miles granted to the User.
Article 13 (Taxes and Expenses)
The User is responsible for any taxes and incidental expenses if they are incurred as a result of earning Miles according to the applicable laws or regulations of Vietnam.
Article 14 (Prohibited Acts)
The following acts are prohibited by the Company whenever the User uses the Application or the Service:
(1) Acts of using the Application or the Service for any unlawful or profiting-making purposes.
(2) Acts that infringe or may infringe the intellectual property rights including any trademark right, copyright or patent right etc. or any other rights of the Company, our business partners or any third party.
(3) Acts that infringe or may infringe the property, privacy or portrait rights of any third party.
(4) Acts that discriminate or defame a third party or damage any reputation or credibility of any party.
(5) Acts that lead to or may lead to crimes such as fraud or threat.
(6) Acts of transmitting or displaying any images or documents, etc. which are obscene or related to child pornography or child abuse.
(7) Acts of establishing any pyramid scheme or inducing any person to join it or acts of promoting any pseudo multi-level marketing.
(8) Acts of altering or deleting information of the Company or any third party accessible by the Application or the Service.
(9) Acts of using the Application or the Service by pretending a real or fictitious third party.
(10) Acts of transmitting harmful computer programs, etc. or leaving others in a receivable state.
(11) Pre-election activity, election campaign or similar activity and acts that violate the laws and regulations on election.
(12) Acts of sending an e-mail for advertisement, promotion or marketing, etc. to a third party without permission, or an e-mail having or at risk of having an aversion. Acts of requesting a third party to forward a chain letter or accepting such request to forward the same.
(13) Unauthorized access to any equipment of any third party or equipment for our Service (meaning hereinafter any communication system, computer system, other devices, and software prepared by the Company to provide Services) or acts that prevent or likely prevent any use or operation of the same.
(14) Acts of acquiring any information related to any third party without his/her consent or by deceptive means.
(15) In addition to the above items, acts that violate any laws, the Terms of Use, public order and morality (prostitution, violence, cruel acts etc.), act that intervenes the operation of the Application or the Service, any act that causes damage to our reputation or infringement upon property of the Company, or any act which is harmful to any third party or the Company.
(16) Any act that encourages acts which fall under any of the above items (including where the act is performed by a third party).
Article 15 (Termination of Use)
- The User may at any time terminate his or her use of the Application or the Service. Upon termination of using the Application or the Service, all Miles and all rights or entitlements provided or related to the Application or the Service shall become invalid under the conditions set forth by the Company. However, this termination of use may be temporarily suspended or refused by the Company in case where the Application is upgraded to include online payment function while the User has not paid his or her invoices claimed through the Application.
- By terminating the use of the Application or the Service, the User shall give up any right to claim for any compensation whatsoever
Article 16 (Suspension and Cancellation of Entitlements)
- The Company reserves the right to suspend or cancel the User’s entitlements without prior notice or demand for any of the following reasons:
(1) When it is found that the User falls under any of the categories for the suspension or cancellation of the User's entitlements set forth in Article 4 clause 3 hereof.
(2) When the User used the entitlement unlawfully or allowed it to be used unlawfully.
(3) When the User altered the information provided by the Company without our consent.
(4) When the User used the Application or the Service for unlawful purpose or let other Users or third parties use them unlawfully.
(5) When there is a misconduct or suspected misconduct, or when it is necessary to prevent misconduct by a third party.
(6) When any of the Terms of Use was violated.
(7) When the User was filed for attachment, provisional attachment, provisional disposition, disposition for failure to pay, compulsory execution, bankruptcy, or civil rehabilitation proceedings.
(8) Other cases where the Company deems the person inappropriate as a User. - In case the User cannot use the Application or the Service due to the suspension or cancellation of the User’s entitlements based on the preceding clause, the Company shall not be in any way responsible for and shall have no obligation to disclose the reason for suspension or cancellation to the User. In addition, losses, damages and expenses (if any) incurred by the Company or third parties caused by any action taken by the User as stipulated in the preceding clause shall be compensated by the User in accordance with the prevailing laws and regulations of Vietnam.
- If there are any doubts regarding the User's mileage acquisition and other use of the Application or the Service, temporary suspension of the User's entitlements and usage restrictions on the Application and the Service may be placed by the Company until the suspicion is cleared.
Article 17 (Change of the Application or the Service)
The Company may change the functions and design of the Application, operation rules of the Application or the Services, or the content of the Application or the Service from time to time without prior notice. This change includes, but is not limited to, the partial revision of the content of the Application or the Service. In addition, the Company shall not be in any way responsible for any disadvantage or damage suffered by User resulting from this revision.
Article 18 (Temporary Suspension, Cancellation or Termination of the Application or the Service)
- The Company may temporarily suspend the operation of the Application or the Service or part or all of the Website without prior notice to the User for any of the following reasons:
(1) When performing maintenance, inspection, repair, change of the system of the Application or the Service regularly or urgently.
(2) When it is not possible or would be unreasonably burdensome to provide the Application or the Service due to a force majeure such as a fire, blackout, natural disaster such as earthquake, eruption, flood, or tsunami or war, disturbance, riot, conflict, labor dispute, etc.
(3) When it cannot be operated due to failure, destruction or sabotage of the system of the Application or the Service (including falsification of data and source code) or the network failure etc.
(4) Other cases where it is determined that the Company requires temporary suspension, cancellation or termination of the Application or the Service. - The Company may terminate all or a part of the functions of Application and/or the Service at its sole discretion.
- The Company shall not be in any way responsible for any disadvantage or damage suffered by the User or other third parties resulting from the interruption, suspension, cancellation or termination of the Application or the Service under this Article.
Article 19 (Disclaimer)
The Company shall not be liable for any loss or damage suffered by User arising out of the use of the Application or the Service, and the Company shall have no obligation to compensate for the damage. If a User damages another User or a third party by using the Application or the Services, the Company may make a claim against such User for appropriate indemnification of the damages. The Company shall not be liable for any damages, regardless of the event, resulting from that the Company deleted the User's information, suspended or deleted the User's entitlements, suspended, interrupted or canceled the Application or the Services as stipulated herein.
Article 20 (Monitoring of Unauthorized Use)
The Company has the right to monitor usages and accesses by the User to prevent and find out the unauthorized use of the Application or the Service. The Company shall not monitor the usage and accession of the User for any other purposes than the one stated herein.
Article 21 (Terms of Use and Changes)
- The individual rules prescribed by the Company on the Application or displayed in other ways by the Company and the additional regulations notified by the Company from time to time shall constitute a part of the Terms of Use. If the provisions of the text of the Terms of Use differ from the provisions of the individual regulation and the additional regulation, the provisions of the individual regulations and the additional regulations shall take precedence.
- The Company reserves the right to revise and change the Terms of Use from time to time. In that case, the Company shall notify the User about revised Terms of Use, and the Service provided via the Application will depend on the revised Terms of Use. The revised Terms of Use will take effect from the time they are displayed on the Application or the time we inform User about the revised terms, unless otherwise specified by the Company.
- By continuing using the Application or the Service after the revisions or changes stipulated in the preceding paragraph, the User is deemed to have agreed to the revised or changed Terms of Use.
Article 22 (Governing Law)
- The Terms of Use shall be governed and interpreted in accordance with the laws and regulations of Vietnam.
- All disputes, controversies and claims arising out of or relating to the Terms of Use shall be governed by Vietnamese law.
Article 23 (Dispute Resolution)
Any dispute, controversy or claim arising out of or relating to the Terms of Use shall be finally settled by arbitration at the Vietnam International Arbitration Center (VIAC) in accordance with its Rules of Arbitration. The number of arbitrators shall be 3 persons. The language used in the arbitration proceeding shall be English. The place of arbitration shall be Ho Chi Minh City, Vietnam.
Article 24 (Language)
These Terms of Use is made in English and Vietnamese. In case of any discrepancy between the two languages, English version shall prevail.
Article 25 (Effectiveness)
These Terms of Use shall become effective and binding to both the Company and the User as from date when the User has expressly shown his or her acceptance to these Terms of Use.
Enacted on May 1, 2020
Policy on Handling of Customer’s Personal Information
Pertaining to MUJI Passport Application
(Privacy Policy)
Introduction
MUJI RETAIL (VIETNAM) LIMITED LIABILITY COMPANY (hereinafter referred to as the “Company”) undertakes to respect the privacy of the customers (hereinafter referred to as the “Customer”) and protect Customer’s Personal Data (as defined in Section 2 below). This Privacy Policy (hereinafter referred to as the “Privacy Policy”) explains how we collect, manage and use the Personal Data of Customer who uses MUJI passport Vietnam (hereinafter referred to as the “App”) and informs the Customer of his or her privacy rights.
Table of Contents
1. About Us and Privacy Policy
a. About Us
We are MUJI RETAIL (VIETNAM) LIMITED LIABILITY COMPANY, a subsidiary of RYOHIN KEIKAKU CO., LTD., a company duly established and operating under Japanese laws, and a member of RYOHIN KEIKAKU Group.
Within the scopes and for the purposes of using Personal Data described herein, MUJI RETAIL (VIETNAM) LIMITED LIABILITY COMPANY and RYOHIN KEIKAKU CO., LTD., will be collectively referred to as “We”.
b. Privacy Policy
The Privacy Policy is to inform Customer of how we acquire and handle the Customer’s Personal Data when the Customer uses the App.
The App is not intended for individuals of less than 16 years old, and we do not intentionally acquire data on individuals of less than 16 years old. In case where we obtain data on children, we will comply with the relevant applicable laws and regulations. In addition, we hereby expressly disclaim any and all liabilities under applicable laws in the case where Customer accidentally or intentionally provides us with false information about your age.
In addition to this Privacy Policy, we may from time to time provide the Customer notices concerning the collection, storage and use of the Personal Data. The Customer shall read all of such notices in order to be fully informed of the reasons and methods for our collection, managing and using of Personal Data. This Privacy Policy supplements those notices and is not intended to invalidate those notices.
We reserve the right to amend this Privacy Policy at any time to the extent permitted by the applicable laws and regulations. We will notify you of any significant changes to this Privacy Policy by posting it on our website (https://www.muji.com/vn/vi/store/cust/notification) or by any other means we deem appropriate. The amended Privacy Policy will become effective when the Customer is notified in a reasonable manner as set forth by us or when posted on our website.
2. Scope of Personal Data Obtained
In this Privacy Policy, Personal Data means information that contributes to identifying a specific Customer that can be identified by the individual, including information listed below.
We may obtain the following data as the Personal Data when the Customer installs and uses the App:
a. Identity information includes the user’s name or similar identifier (nick name), date of birth, gender and profile photo.
b. Contact information includes name, email address, and telephone number.
c. Transaction data includes payments to or from the Customer and details of the products and services the Customer has purchased from us and information which you enter into the application form on the App when you apply for the event which we conduct, such as your name, e-mail address, phone number, and the products which the Customer purchased.
d. Technical data includes the Internet Protocol (IP) address, your account log-in data, the type and version of the browser, the time zone configuration and region, location data of our store where the Customer checked in, the type and version of the browser plugin, the operation system, the platform, the App, cookies, and other technology on the device used to log in the App.
e. The account profile data includes the user ID, user name (nickname), password, any purchases or orders made by the Customer, Customer’s interests, preferences, feedback, and survey responses.
f. The usage data includes information on how the Customer uses the App and our services.
g. Marketing and communication data include a preference for the receipt of marketing information from us and a preference for the manner in which such marketing information is received.
When you grant access to your location to the App, we will collect your location data which is considered sensitive Personal Data. We will not acquire any other sensitive Personal Data, including details concerning your race or ethnicity, religious or philosophical beliefs, sexual life, sexual orientation, political opinion, trade unions, health information, genetic and biological data, nor any information concerning criminal convictions or crimes.
Provided, however, Personal Data as stipulated in the preceding paragraph does not include anonymized data. For the Customer’s ease of understanding, in this regard, we may obtain and use statistical data (e.g.: demographic data). In particular, we may aggregate the data of your usage to calculate the percentage of users who access the functionality of a particular application or website. The data on which the statistical figure is based may be extracted from the Personal Data without revealing the identity of the Customer, whether directly or indirectly. In case where the statistical figure is integrated or combined with a specific Customer’s Personal Data in a form that directly or indirectly identifies such Customer, we shall treat the integrated data as Personal Data in accordance with this Privacy Policy.
In accordance with applicable laws and regulations, we request that you provide us with Personal Data that is accurate and up-to-date, and that if you provide any third party’s Personal Data to us (if any), we will ask you to provide us such Personal Data after confirming that you have obtained consent from the owner of such Personal Data.
3. Purposes of Collecting Personal Data
We will collect and use Personal Data for the following purposes only:
a. To register new Customer;
b. To provide our products and services to the Customer;
c. To manage the relationship between the Customer and the Company;
d. To provide the Customer with important notices regarding the safety and reliability of the App, products and services;
e. To manage and protect the Company’s business and information system (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
f. To improve the App, products, services, the Customer relationships and Customer experience using data analytics (including research, preparing business plans, reports and forecasts);
g. To promote and advertise our products and services;
h. To propose or recommend personalized products or services;
i. To deliver relevant website content, advertisement, measure or to understand the impact of advertisement provided to the Customer; and
j. To enable Customer to take part in the lucky draw, contest, survey, or any events organized by us.
In cases where there is any change in any of the foregoing purposes, we will update and notify you by sending a notice in an appropriate manner about such change and its legal basis.
4. Obtaining Customer’s Separate Consent to Use Personal Data for Marketing Purposes
With respect to the purposes set forth from item (g) to item (j) in Section 3 above, we will not use the Personal Data for such purposes unless we have obtained the Customer’s consent through a separate mechanism set up on the App, through which the Customer may choose to “Allow” or “Deny”.
In particular, if you choose to “Allow”, we may use your identity, contact information, technical information, usage and profile information to form our ideas about your needs and interests; based on which, we will conduct marketing and advertising activities, including sending you the information on clothing, miscellaneous clothing, daily necessities, foodstuffs, other products and/or services that we provide in accordance with applicable laws and regulations, as well as the information on promotion (collectively referred to as “marketing information”).
Even after you have chosen to “Allow”, you still can ask us to stop sending marketing information at any time by any of the following ways:
a. Following opt-out links in marketing messages sent to you, or
b. Contact us (at any time) following Contact Details mentioned in Section 8 hereof.
5. Scope of Personal Data Usage
The Personal Data collected upon your express consent will be used for the activities specified herein only, except for the cases where (i) a separate agreement between us and the Customer on using Personal Data for purposes and scopes other than those expressly stipulated herein exists, or (ii) we provide products or services as requested by you, or (iii) we perform our obligations in accordance with applicable laws and regulations.
For each of the purposes set forth in Section 3 above, the scope of Personal Data to be used will be as follows:
a. Purpose: To register new Customer;
Scopes of Personal Data to be used: Identity information and contact information;
b. Purpose: To provide our products and services to the Customer;
Scope of Personal Data to be used: Identity information, contact information, and transaction information;
c. Purpose: To manage the relationship between the Customer and the Company;
Scopes of Personal Data to be used: Identity information, contact information, profile information, marketing communication information;
d. Purpose: To provide the Customer with important notices regarding the safety and reliability of the App, products and services;
Scopes of Personal Data to be used: Identity information, contact information, profile information, and marketing communication information;
e. Purpose: To manage and protect the Company’s business and information system (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
Scopes of Personal Data to be used: Identity information, contact information, and technical information;
f. Purpose: To improve the App, products/services, the Customer relationships and Customer experience using data analytics;
Scopes of Personal Data to be used: Technical information, transaction information, and usage information;
g. Purpose: To promote and advertise our products and services;
Scopes of Personal Data to be used: Identity information, contact information, technical information, transaction information, and profile information;
h. Purpose: To propose or recommend personalized products or services;
Scopes of Personal Data to be used: Identity information, contact information, technical information, transaction information, profile Information, and usage Information;
i. Purpose: To deliver relevant website content, advertisement, measure or to understand the impact of advertisement provided to the Customer;
Scopes of Personal Data to be used: Identity information, contact information, profile information, transaction information, marketing and communication information, technical information, and usage information;
j. Purpose: To enable Customer to take part in the lucky draw, contest, survey, or any event organized by us;
Scopes of Personal Data to be used: Identity information, contact information, profile information, transaction information, and marketing communication information.
6. Personal Data Retention Period
a. Personal Data Retention Period
We will retain your Personal Data to the longest term permissible under the applicable law and regulations except for the case where there is any request to remove from you. In certain cases, we will anonymize your Personal Data for research or statistical purposes (which will result in revealing no relationship between you and your Personal Data). In such cases, such information may be used without any additional notice to the Customer and without any time limitation as described above.
We will retain or keep the acquired Personal Data in an electromagnetic form that is recorded by our server or server of a third party contracted with us.
b. Destruction of Personal Data After Retention Period
We will destroy Personal Data without delay when the retention period stipulated by the applicable laws and regulations has expired, or when the storage of Personal Data is no longer necessary for any purposes as set forth in Section 3.
In cases where you cease using the App, or in cases where we restrict your right to use the App due to your violation of the Terms of Use, we are still entitled to continuing storing, using and disclosing your Personal Data in accordance with this Privacy Policy and the relevant prevailing laws and regulations. The destruction of Personal Data in such cases will be carried out in accordance with the preceding paragraph.
In the event where Personal Data must be kept in accordance with the applicable laws and regulations after the expiration of the retention period, the Personal Data concerned shall be transferred to a separate database or stored in a different safe location. In such cases, we will select the Personal Data that should be destroyed and destroy it with the approval of our Data Protection Officer. We will destroy Personal Data recorded and stored in the form of electronic files so that they cannot be reproduced. Personal Data recorded and stored in paper documents shall be crushed by a crusher or incinerated for destruction.
7. Subjects Accessing to and Using Personal Data
a. The Company
As the units of Personal Data collection and management, the Company, its relevant managers and staff are entitled to access and use Personal Data for the purposes and within the scopes stipulated herein.
b. Third parties
Within the scopes and the purposes of use stated herein, we may disclose your Personal Data to RYOHIN KEIKAKU CO., LTD for the purpose of managing and operating this App and improving our products and services.
In addition, we may outsource all or part of the handling of Personal Data to a third party for the purposes of use in the development, maintenance, and other operations of the system. In this case, we will select a third party who is deemed to appropriately handle Personal Data in light of the security control measures taken by the relevant third party, appropriately stipulate matters concerning the handling of personal data, such as security control, confidentiality and conditions for re-entrustment, as well as the status of the handling of personal data by the relevant third party in the entrustment agreement, and implement necessary and appropriate supervision.
c. State Authorities
We may disclose Personal Data to competent state authorities when being required to discharge our legal duties in accordance with applicable laws and regulations.
d. Separate Consent and Confidentiality Agreement
We will establish an appropriate mechanism to obtain your express consent in advance before sharing or disclosing your Personal Data to any third parties other than the parties stated in section b above. We will not share, disclose or transfer Personal Data with any third parties or irrelevant person for any purposes other than those stipulated herein if we have not obtained the explicit consent of the Customer in advance (opt-in).
We will ensure that any individual or organization third parties, who may duly access to and use Personal Data will be obliged to keep Personal Data secret under an effective and binding confidentiality agreement. Access to and usage of your Personal Data are granted only to those who need it to complete tasks assigned by us in accordance with our instructions.
8. Contact Details of Data Controller/Processor
As the Data Controller/Processor, the Company is responsible for properly collecting and processing Personal Data.
In case where (i) you have any questions or comments in relation to this Privacy Policy or our collection or processing of Personal Data, (ii) you want to update, correct or remove your Personal Data, or (iii) any breach to this Privacy Policy and/or relevant laws and regulations of personal data protection is detected, you can contact us by sending courier or an email to the following address, or calling us with the following phone number:
- Name of corporation: MUJI RETAIL (VIETNAM) LIMITED LIABILITY COMPANY
- E-mail address: [email protected]
- Address: Unit 9.11, 9th Floor, The Landmark, 5B Ton Duc Thang Street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
- Phone number: 028 71088388
Upon the receipt of an e-mail, a courier or a phone call from the Customer, we will respond appropriately to the Customer in accordance with Section 9 below, applicable laws and regulations.
9. Right to access, correct, delete, obtain copies of Personal Data and withdraw your consent
a. Customer’s request to access, correct, delete, obtain copies of Personal Data and withdraw your consent
You are entitled to ask the Company to review, update, modify or delete your Personal Data as follows:
i. Request for access to Personal Data
Customer can request copies of their Personal Data in our possession and confirm that we are lawfully processing your Personal Data.
ii. Request for correction of Personal Data
Customer may request correction of incomplete or inaccurate Personal Data in our possession. However, in this case, we may need to confirm the authenticity of the new information provided by you.
iii. Request for deletion of Personal Data
Customer may request us to delete your Personal Data. However, at the time of invoicing, we may not always be able to comply with your removal request for certain legal reasons (which will be notified to you if applicable).
iv. Objection to the handling of Personal Data
If the handling of Personal Data by us or any third party makes you feel that it affects your fundamental rights or freedoms under the specific circumstances in which you are placed, you may object to the handling of Personal Data.
v. Request for Restrictions or Cessation on the handling of Personal Data
Customer may request a cessation on the handling of your Personal Data if: (a) Customer requires us to ensure the accuracy of data; (b) Customer does not need the Personal Data but requires us to extract the data in our possession for the purposes of establishing, exercising, or defending legal claims and seeks the maintenance of such data; or (c) we need to provide justifiable grounds evidencing that we have collected, stored and used data properly in case where Customer has challenged us in our handling of the data.
vi. Request for transfer of Personal Data
We will provide you or a third party designated by you with your Personal Data in a structured, commonly-used machine and legible format. However, such rights are limited to automated information when you have agreed to let us use in advance, or when we have used it to perform contracts with you.
vii. Withdrawal of your consent
Customer reserves the right to withdraw consent at any time if you do not want us to process Personal Data anymore. However, this will not affect the legality of the handling of Personal Data prior to the withdrawal of consent. In addition, you acknowledge that if you withdraw your consent, we may not be able to provide you with a particular product or service. In this case, we will inform you when you withdraw your consent.
b. Methods for Modification or Deletion of Personal Data
You may modify, delete or exercise any action in relation to your Personal Data as stated in sub-section (a) above by using any of the following measures:
i. Using function/mechanism “My account”in the App; or
ii. Contacting us following any of communication channels stipulated in Section 8 above.
c. Receipt, Confirmation and Response of Customer’s Request
Upon receiving your request under either method specified in sub-section (b) above, we will confirm the request.
Before we respond to any of your requests as stipulated in sub-section (a) above, we may have to request specific information from you for the purpose of identifying you. This is a part of our security measures to ensure that Personal Data is not disclosed to persons who are not entitled to receive such information. In addition, we may request additional information to expedite our response.
In the event there are any provisions that differ from the above paragraph according to applicable laws and regulations, such provisions shall prevail.
d. No Expenses Required
In principle, you are not required to pay for access (or otherwise exercise) to your Personal Data. However, if your request is not clear, factual, repetitive or excessive, which results us in carrying out support activities that go beyond our normal handling process, and incurring unnecessary charges, you may have to pay a compensation amount equivalent to the actual cost incurred. Alternatively, in such cases and where applicable law permits, we may reject your request.
10. Third-Party Links
This App may include links to third-party websites, plugins and applications (e.g.: Facebook and Instagram). If you select these links, you will be able to obtain your data from such third party to log up/in the Application. We do not administer the third party's websites and are not responsible for the handling Personal Data collected, managed and used by such third parties. You should read the third party's privacy policy, and take all responsibilities when agreeing to such third parties for sharing your Personal Data.
11. Consent on Collecting and Using Personal Data
The Customer, by agreeing to the terms of this Privacy Policy in the manner set forth by us, will be deemed as giving us your express prior consent about the collection and usage of Personal Data within the scopes for the purposes specified hereunder.
Notwithstanding the preceding paragraph, we will set up a separate mechanism, by which you can choose to allow or not to allow us to use Personal Data in case where Personal Data is shared, disclosed or transferred to any third party as specified in Section 4 and Section 7.d.
12. Refusal to Disclose Personal Data
We reserve the right not to provide our services and goods, including the use of the App to you in the case where you do not provide the Personal Data to us in accordance with this Privacy Policy, Terms of Use and applicable laws. In this case, we may have to cancel your order or reservation after sending you a notification about the cancellation by suitable means; however, we will not assume any liability for any damage or loss incurred by you and caused by the refusal to disclose Personal Data.
13. Methods of Personal Data Collection
We acquire Personal Data in the following manners:
a. Direct Acquisition: We may ask you to provide your nickname, name, e-mail address, date of birth, gender, or contact information by filling in a form or by mail, telephone, e-mail, or any other suitable means in the following cases:
- Creation of accounts in the App
- Applying for an event planned by us
- Subscription for services provided by us
- Subscription to our services or publications
- Request to transmit marketing information
- Participation in competition, promotion or research
- Providing feedback to us
b. Automated Technology: When the Customer uses the App, we are entitled to automatically obtain technical data on the Customer's device, browsing behavior, and browsing patterns. We acquire this Personal Data using Cookies, server logs, and other similar technologies. In addition, we may receive technical data about you when you visit other websites that use our Cookies.
c. Third parties or publicly available sources: We may receive the Personal Data from the various third parties listed below:
- Technical data, location information, terminal identification information, etc. from analytics providers and search information providers (Google, Amazon Web Services etc.);
- Contact information and transaction data from providers of technology, payment and delivery services for the purpose of executing and performing goods/services sales and purchase contracts;
- Identification and contact information from publicly available sources.
If required by applicable laws and regulations, we will identify the third party from which the Personal Data of the Customer is obtained and notify the Customer before processing or using the Personal Data.
14. Cross-border Relocation
a. We will store your Personal Data in Vietnam and Japan.
b. When transferring your Personal Data overseas, we will implement the appropriate protection measures in accordance with applicable laws and regulations to protect your Personal Data.
If required by Vietnam's laws and regulations, we will take necessary action to ensure that Personal Data received in Japan will be protected with the measures at least equivalent to the ones set forth in Vietnam's laws and regulations. In Japan, the Personal Data received is subject to Japanese laws; the courts, governments, executive agencies, regulatory bodies and security authorities of Japan may have access to your Personal Data without notice to you.
15. Personal Data Security
We will take appropriate measures to ensure the safety and security of Personal Data, and prevent the theft or unauthorized use, unauthorized access, modification, or destruction of your Personal Data.
16. Glossary
a. “Legitimate Interests” means the Company’s lawful interests in operating and managing our business so that we can provide our Customer with the highest quality service, products, and the safest experience. Before handling your Personal Data for legitimate benefit, we will always review and compare the potential impact on you, your rights and legal interests. We will not use the Customer’s Personal Data for any particular activity other than the purposes and scopes agreed by Customer (except the cases with the Customer’s separate consent or as required as an obligation by the prevailing laws). If the Customer needs more detailed information about how we have assessed our legitimate benefits over potential impacts on Customers in a particular activity, the Customer can contact us at the information specified in Section 3 hereof.
b. “Fulfillment of the agreements with the Customer”means the handling of Personal Data necessary for the performance of contractual obligations to which the Customer is a party or to which the Customer intends to respond upon request prior to execution.
c. “Compliance with legal obligations”refers to the complying with applicable laws and regulatory obligations when the Company handles the Customer’s Personal Data.
17. Language
This Privacy Policy is made in English and Vietnamese. In case of any discrepancy between the two languages, English version shall prevail.
Enactment date: May 1, 2020
1st revision: July 1, 2023
MUJI RETAIL (VIETNAM) LIMITED LIABILITY COMPANY
Enterprise Registration Certificate: No. 0315855270, issued on 20 August 2019, by the Business Registration Division – Ho Chi Minh City Department of Planning and Investment
Head office address: Unit 9.11, 9th Floor, The Landmark, 5B Ton Duc Thang Street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Business hours: From Monday through Friday, 9:00 ~ 16:00
E-mail: [email protected]
Phone number ：028 71088388
