1. INTRODUCTION

1.1  Welcome to the Phu My Hung (PMH) platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a PMH account (“Account”) so that you are aware of your legal rights and obligations with respect to PMH Southeast Asia Limited and its affiliates and subsidiaries (individually and collectively, “PMH”, “we”, “us” or “our”). The “Services” we provide or make available include the Site, the services provided by the Site and by PMH client software made available through the Site, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by PMH. 

1.2  PMH reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. PMH may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. PMH may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

BY USING PMH SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

If you do not agree to these terms, please do not use our services or access the site. if you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement. if you do not know whether you have reached the legal age, or do not understand this section, please do not create an account until you have asked your parent or legal guardian for help. if you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this agreement on the minor’s behalf and you will be responsible for all use of the account or company services using such account, whether such account is currently open or created later.

2. PRIVACY

1. INTRODUCTION

1.1 Welcome to the Phu My Hung (PMH) platform run by PMH Limited and its affiliates (individually and collectively, “PMH”, “we”, “us” or “our”). PMH takes its responsibilities under applicable privacy laws and regulations (“Privacy Laws”) seriously and is committed to respecting the privacy rights and concerns of all Users of our PMH website (the “Site”) (we refer to the Site and the services we provide as described in our Site collectively as the “Services”). We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. Please read this Privacy Policy carefully. If you have any questions regarding this information or our privacy practices, please see the section entitled “Questions, Concerns or Complaints? Contact Us” at the end of this Privacy Policy. 

1.2 “Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include name, identification number and contact information. 

1.3 By using the Services, registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE. If we change our Privacy Policy, we will post those changes or the amended Privacy Policy on our website. We reserve the right to amend this Privacy Policy at any time. 

2. WHEN WILL PMH COLLECT PERSONAL DATA?

We will/may collect personal data about you: 

When you register and/or use our Services or Site, or open an account with us; 

When you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form; (c) when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services; 

When you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails; 

When you use our electronic services, or interact with us via our application or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our application or website; 

When you carry out transactions through our Services; 

when you provide us with feedback or complaints; 

when you register for a contest;

when you submit your personal data to us for any reason. 

The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected. 

3. WHAT PERSONAL DATA WILL PMH COLLECT?

The personal data that PMH may collect includes but is not limited to: 

• name; 
• email address; 
• date of birth; 
• billing address; 
• bank account and payment information; 
• telephone number; 
• gender; 

If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying our Data Protection Officer in writing about it. Further information on opting out can be found in the section below entitled “How can you opt-out, remove, request access to or modify information you have provided to us?” . Note, however, that opting out of us collecting your personal data or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services. For example, opting out of the collection of location information will cause its location-based features to be disabled. 

4. VIEWING WEB PAGES

As with most websites, your computer sends information which may include personal data about you that gets logged by a web server when you browse our Site. This typically includes without limitation your computer’s IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a “cookie” (which can be disabled using your browser preferences) to help the site remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how visitors use our site. 

5. COOKIES

We may from time to time implement “cookies” or other features to allow us or third parties to collect or share information that will help us improve our Site and the Services we offer, or help us offer new services and features. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Services or website are used or visited, by how many people and to track movements within our website. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase and pages you have viewed. This information is used to keep track of your shopping cart, for example. Cookies are also used to deliver content specific to your interest and to monitor website usage. 

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of our Site or the Services. 

6. HOW DO WE USE THE INFORMATION YOU PROVIDE US?

We may collect, use, disclose and/or process your personal data for one or more of the following purposes: 

To consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services; 

To manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us; 

To manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences; 

To tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary; 

To respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions; 

To enforce our Terms of Service or any applicable end user license agreements; 

To protect personal safety and the rights, property or safety of others; 

For identification and/or verification; 

To maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services; 

To deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf; 

To contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages; 

To allow other users to interact or connect with you on the Platform, including to inform you when another User has sent you a private message or posted a comment for you on the Site; 

To conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your customer experience; 

To allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with PMH’s Services; 

Where you give us your prior consent, for marketing and in this regard, to send you by various modes of communication such as postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom PMH may collaborate or tie up with) that PMH (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future. If you are in Singapore, In the case of the sending of marketing or promotional information to you by voice call, SMS/MMS or fax to your Singapore facsimile number, we will not do so unless we have complied with the requirements of Singapore’s Privacy Laws in relation to use of such latter modes of communication in sending you marketing information or you have expressly consented to the same; 

To respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on PMH or on its related corporations or affiliates; 

To produce statistics and research for internal and statutory reporting and/or record-keeping requirements; 

To carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us; 

To audit our Services or PMH’s business; 

To prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned; 

To store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction; 

To deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves PMH as a participant or involves only a related corporation or affiliate of PMH as a participant or involves PMH and/or any one or more of PMH’s related corporations or affiliates as participant(s), and there may be other third party organisations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation; and/or 

any other purposes which we notify you of at the time of obtaining your consent. (collectively, the “Purposes”). 

10.2 As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws. 

7. HOW DOES PMH PROTECT CUSTOMER INFORMATION?

We implement a variety of security measures to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any legal or business purposes. If you cease using the Site, or your permission to use the Site and/or the Services is terminated, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you. 

8. DOES PMH DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS TO OUTSIDE PARTIES?

In conducting our business, we will/may need to disclose your personal data to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties, whether sited in Singapore or outside of Singapore, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, without limitation: 

Our subsidiaries, affiliates and related corporations; 

Other users of our platform for one or more of the above-stated purposes;

Contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres; 

A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of pmh’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by pmh about our service users is among the assets transferred; or to a counterparty in a business asset transaction that pmh or any of its affiliates or related corporations is involved in; and 

Third parties to whom disclosure by us is for one or more of the purposes and such third parties would in turn be collecting and processing your personal data for one or more of the purposes 13.2 this may require, among other things, share statistical and demographic information about our users and their use of the services with suppliers of advertisements and programming. This would not include anything that could be used to identify you specifically or to discover individual information about you. 

For the avoidance of doubt, in the event that privacy laws or other applicable laws permit an organisation such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply. 

Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however there can inevitably be no guarantee of absolute security such as but not limited to when unauthorised disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours. 

9. INFORMATION COLLECTED BY THIRD PARTIES

Our Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how Users use the Site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. 

15.2 We, and third parties, may from time to time make software applications downloads available for your use on or through the Services. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your computer’s IP Address or other information such as any cookies that you may previously have installed or that were installed for you by a third party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by PMH. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. 

10. DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES 

WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above. 

In an attempt to provide you with increased value, we may choose various third party websites to link to, and frame within, the Site. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our Site) may not be received by us. 

We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work). 

• Information about floor plan, mock-up condos, perspective images, videos on the website are for reference only. Official information and technical specifications shall be pursuant to the sales and purchase contract.
• In the event of having errors about area, price, etc. due to network errors, etc., Phu My Hung Development Corp. serves the right to adjust or withdraw the product without prior notice.
• Force majeure cases shall be based on the decision of relevant authority.
• Guide for foreign buyers: The total number of units owned by foreign buyers must not exceed 30% of the total units of the project. Foreigners who is interested in our products, please contact sales consultants for specific assistance before making buying decision.

The services are provided “as is” and without any warranties, claims or representations made by pmh of any kind either expressed, implied or statutory with respect to the services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. without limiting the foregoing and to the maximum extent permitted by applicable law, pmh does not warrant that the services, this site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.