Regulation and policy

Data Privacy Policy

About this Policy

This website is operated by Otsuka Thang Nutrition Co., Ltd, 10th Floor, Phuong Long 2 Tower, No.16 Nguyen Truong To, Ward 13, District 4, Ho Chi Minh City, Vietnam. In this Policy, when we refer to Personal Data, we mean any information in the form of symbols, letters, numbers, images, sounds or similar forms on the electronic environment that relates to an identified or identifiable person – in this case, you. For the purposes of this Policy, Otsuka will be the controller cum processor, meaning Otsuka is responsible for the direct processing of your Personal Data and decides purposes and means of the processing (the controller cum processor is also referred to in this Policy as the “Company”, “Otsuka”, “we”, “our” and “us”).

This Policy explains how and why we perform one operation or set of operations with respect to your Personal Data, including collection, recording, analysis, confirmation, storage, editing, publicity, combination, access, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction or other relevant actions (collectively “Process”), for example: when we provide you with information you have requested from us, where you have provided information to us pursuant to any agreement, or when you simply use our websites and other digital platforms.

In all cases, Otsuka understands and respects your privacy.

You should read this Policy, so you know what Personal Data we collect about you, what we do with it and how you can exercise your rights in connection with it. You should also read any other Data Privacy Policies that we give you, that may apply to our use of your Personal Data in specific circumstances from time to time. If you have any questions about this Policy, you can contact us by submitting your query at the contact details in Clause 12 below.

In summary:

We use your Personal Data pursuant to any agreement between you and us, when you use our websites and other digital platforms, to provide you with information, where you have requested them, manage our business, recruit new staff, comply with our legal obligations, and improve and monitor the performance of our digital platforms.

• We have measures in place to safeguard your Personal Data when we transfer it outside of Vietnam.
• We take steps to minimize the amount of Personal Data we hold about you and to keep it secure.
• We delete your Personal Data when we no longer need it, and we have policies in place to govern when that is.
• You have rights in relation to your Personal Data.
• We are happy to answer your questions about any of the above – please submit your query at the contact details in Clause 12 below.

Contents

1. Who is the Data Controller cum Processor?
2. Your Personal Data collected and processed by us
3. Purposes and legal basis for the Processing of your Personal Data
4. Does the Company share your Personal Data with others?
5. Does the Company transfer your Personal Data to countries outside Vietnam?
6. How do we keep your Personal Data secure?
7. Unexpected/ Potential Consequences/Damages may incur
8. Beginning and ending time of processing Personal Data
9. How long does the Company store your Personal Data?
10. What are your rights toward your Personal Data under applicable data protection laws?
11. What are your obligations  toward your Personal Data under applicable data protection laws?
12. Contact Detail for questions and queries
13. Changes to this Policy

1. Who is the Data Controller cum Processor?

Otsuka is in relation to our use of your Personal Data. This is a legal term – it means that determine purposes and means and directly Process your Personal Data, and, because of this, we are responsible for making sure it is used in accordance with applicable data protection laws. We are required by law to give you the information in this Policy.

2. Your Personal Data collected and processed by us

The Personal Data we process about you broadly falls into three main categories: (i) Contact Information; (ii) Agreement Information; and (iii) Browsing Information.

We collect your Personal Data from limited sources. The table below sets out the different types of Personal Data that we collect and the sources we collect it from:

Where you provide us with the Personal Data of other individuals in connection with your services or when you order products from us, you are responsible for ensuring that you have duly informed them of the relevant purposes and Otsuka’s processing of their Personal Data in accordance with this Policy, and obtaining their consent before making such disclosure to us. 

Some of the Agreement Information, such as billing and payment information is sensitive Personal Data. We collect this information provided that your consent is obtained and processing of this information strictly in compliance with applicable laws.

Note that:

• Your Personal Data is required to make the website accessible to you and to be able to follow up on your inquiry.
• If you do not provide your Personal Data, the website will not work, and we may not be able to respond to or properly process your request.
• If you do not provide us with your Contact Information, we will not be able to provide you with any information you request, and if you do not provide us with your Contact Information, Agreement Information or Browsing Information, we will not be able to interact or contract with you.

3. Purposes and legal basis for the Processing of your Personal Data

We use your Personal Data for a number of different purposes: we have a “lawful basis” (i.e., a reason or justification, prescribed by law) for processing your Personal Data. 

The table below sets out the purposes for which we process the different categories of your Personal Data and the corresponding lawful basis for that processing. For some processing activities, we consider that more than one lawful basis may be relevant – depending on the circumstances.

Website visitors

4. Does the Company share your Personal Data with others? 

Sometimes we share your Personal Data with third parties, including the following:

• Other Otsuka Group companies where necessary for the purposes described above.
• Alliance partners who co-commercialize our products for the purposes described above.
• Courts, where we are asked to respond to a court order or other binding requests.
• Regulatory authorities and law enforcement agencies, where necessary for any investigations or to respond to enquiries in relation to our compliance with applicable law or regulations; and
• Professional advisors (such as lawyers and accountants). These organizations may also use your Personal Data as a “controller” – they will have their own privacy policies which you should read, and they have their own responsibilities to comply with applicable data protection laws.

We also ask third party service providers to carry out certain business functions for us. These include:

• IT support, cloud platform and data hosting providers who help us with the operation of our websites, mobile applications, document and workflow management systems and other systems and applications.
• Service providers assisting us in the organisation of events, arranging travel logistics and bookings.
• Service providers who assist with supply chain logistics, delivery of and payment for products and related queries or complaints.
• Third parties assisting on the collection and disclosure of transfer of value information to the public.
• Communication service providers, including companies who send out surveys and communications on our behalf; and
• Survey providers who help collate feedback for us. We will have in place an agreement with our service providers which will restrict how they are able to process your Personal Data and impose appropriate security standards on them.
• We may also share your Personal Data with a successor-in-interest (actual or proposed), to continue to perform the functions and activities described above. In the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding)

We do not sell your Personal Data, nor do we share your Personal Data with third parties for their own marketing purposes.

5. Does the Company transfer your Personal Data to countries outside Vietnam?

Since Otsuka is part of the Otsuka Group, we will sometimes need to transfer your Personal Data outside of Vietnam, in particular to the US and our headquarters in Japan. We will only make that transfer if:

• The recipient or recipient country ensures an adequate level of protection for your Personal Data.
• The recipient or recipient country is subject to an approved certification mechanism or code of conduct with binding and enforceable commitments which amount to appropriate safeguards for your Personal Data.
• We have put in place appropriate safeguards to protect your Personal Data, such as a contract with the person or entity receiving your Personal Data which incorporates specific provisions. 
• The transfer is permitted by applicable laws; or
• You explicitly consent to the transfer.

6. How do we keep your Personal Data secure? 

We will put in place appropriate organizational, technical, legal and security measures to protect your Personal Data from unlawful or unauthorized use, access or processing and accidental loss, destruction, or damage. We restrict the right to access the Personal Data to a necessary and reasonable extent. Only personnel who are designated and/or authorized by us are permitted to access and process Personal Data, hence Personal Data is ensured its confidentiality.

7. Unexpected/ Potential Consequences/Damages may incur

Please note that, in relation to any Personal Data you submit to us online, we cannot guarantee the security of data sent to us in this way. Transmission of data over the internet is at your own risk.

8. Beginning and ending time of processing Personal Data

We perform the processing of your Personal Data from the time you agree to this Policy and provide us with your Personal Data. Processing of your Personal Data ends in accordance with the provision on the period for storing Personal Data in accordance with the section 9 below.

9. How long does the Company store your Personal Data? 

We will only retain your Personal Data for a limited period of time, and for no longer than is necessary for the purposes for which we are processing it for. This will depend on a number of factors, including:

• Any laws or regulations that we are required to follow;
• Whether we are in a legal or other type of dispute with each other or any third party;
• The type of information that we hold about you; and
• Whether we are asked by you or a regulatory authority to keep your Personal Data for a valid reason.

10. What are your rights toward your Personal Data under applicable data protection laws? 

Where our processing of your Personal Data is based on your consent (see table at section 3 above), you have the right to withdraw your consent at any time. If you do decide to withdraw your consent, we will stop processing your Personal Data for that purpose, unless there is another lawful basis we can rely on – in which case, we will let you know.

Where our processing of your Personal Data is based on legitimate interests (see table at section 3 above), you can object to this processing at any time. If you do this, we will need to show either a compelling reason why our processing should continue, which overrides your interests, rights, and freedoms or that the processing is necessary for us to establish, exercise or defend a legal claim.

You have the right to (subject to certain limitations): 

• The right to be informed: You have the right to be provided with clear, transparent and easily understandable data about how your data is processed and your rights.  This is provided in this Policy.
• The right of consent: You have the right to agree or not allow Otsuka to collect or process your Personal Data.
• The right of access: You have the right to obtain access to your data, request Otsuka to perform the update, amendment, revision, correction, or cancellation of your data that Otsuka has collected or stored. 
• The right to withdraw consent: You have the right to withdraw your consent unless otherwise provided for by law. 
• The right to erasure: This right enables you to request the deletion or removal of your information where there is no compelling reason for an organisation to keep using it. 

This is not a general right to erasure; there are exceptions. For example, where you have provided consent to processing, this applies only where you have withdrawn your consent, if we are processing in connection with performance of a contract or for compliance with law, this applies only where such data are no longer necessary.  

• The right to restrict processing: You have the right to request to restrict the processing of your Personal Data unless otherwise provided for by law.
• The right to data provision: You have the right to request Otsuka to provide copies of your Personal Data.
• The right to object to data processing: You have the right to object to the processing your Personal Data in order to prevent or restrict the disclosure of Personal Data or the use of it for advertising or marketing purposes unless otherwise provided for by law.
• The right to complain, denounce, initiate lawsuits: You have the right to lodge complaints, denunciations or initiate lawsuits in accordance with law.
• The right to claim damages: You have the right to claim damages in accordance with the law when a violation of the provisions on the protection of Personal Data occurs, unless otherwise agreed by the parties or otherwise provided for by law.
• The right to self-protection: You have the right to self-protection in accordance with the provisions of the Civil Code, other relevant laws, or request competent agencies and organizations to take measures to protect civil rights under the law.

For your protection and to protect the Privacy of others, we may ask you to verify your identity before we execute any requests in relation to the rights detailed above.

Where your Personal Data is processed on the basis of your consent, you have the right to withdraw your consent at any time. If exercised, this will not affect the lawfulness of processing prior to withdrawal.

11. What are your obligations  toward your Personal Data under applicable data protection laws?

In relation to your Personal Data, you have the obligations to:  

(i) Provide full and accurate Personal Data as requested by Otsuka when agreeing to allow Otsuka to process Personal Data; 

(ii) Take necessary measures to self-protect your Personal Data. If your Personal Data is revealed because of negligence or any other security fault on the part of yourself, you must take the incurred risks and damages; and

(iii) Comply with regulations on the protection of Personal Data and participate in preventing and combating violations of regulations on the protection of Personal Data.

12. Contact Detail for questions and queries

Should you have any questions, concerns and complaints in regard to the protection of your Personal Data or if you wish to exercise your legal rights, please contact us via the following information:

13. Changes to this Policy

Our business operations change continuously, and this Policy may therefore be amended. With respect to amendments, modifications, and supplementations in this Policy relating to the change of type of the processed Personal Data, Purposes of processing, organizations and individuals being entitled to process Personal Data, and your rights and obligations, we shall contact you via your phone number and/or email to obtain your consent to these changes.

Race Regulation

I. SUBJECTS AND CONDITIONS FOR PARTICIPATION

1. OBJECT

All Vietnamese and foreign citizens who love running, are in good health and of sufficient age are registered to participate in the competition.

2. ELIGIBILITY
– Runners must be able to complete the course within the time specified for each distance.
– Runners must meet the age requirements for each distance as of the event date (02 – 03/11/2024) as follows:
• 3KM distance: From 6 years old and up
• 5KM distance: From 10 years old and up
• 10KM distance: From 14 years old and up
• 21KM distance: From 16 years old and up
– To ensure safety on the course, runners under the age of 13 must be accompanied by a parent or guardian in accordance with the provisions of the law throughout the competition time of the respective distance.
– Runners under the age of 18 need to obtain the permission of a parent or legal guardian by signing the PSR 2024 Waiver in the LEGAL GUARDIAN SECTION FOR RUNNERS UNDER 18 YEARS OF AGE PRIOR TO THE EVENT.
– See the Waiver on the website: Here.
– Runners under the age of 16 must use their ID card or passport of their representatives to conduct all necessary procedures with the Organizer such as registering to participate in the race, receiving a BIB number and a race kit package.
– Runners under the age of eighteen who do not have or have lost their identity documents (ID card or passport) when they want to participate still need a legal representative to conduct the procedures to participate with the Organizer.
– Each runner must sign a waiver of responsibility before participating, which is part of the registration process.
– Tickets and accompanying items are non-refundable under any circumstances.
– The BIB number is unique to each attendee and cannot be changed.
– The arbitrary purchase and/or transfer of BIB is strictly prohibited, the results of the race or the results of the lucky draw (if any) will not be recognized when it is detected that the runner has the wrong name, wrong BIB, wrong registered information.
– Any case that does not meet the above conditions for participation may be refused by the organizers.

II. CANCELLATION POLICY – CHANGE OF BASIC INFORMATION – TRANSFER – CHANGE OF DISTANCE – CHANGE OF RACE KIT PACKAGE

For any requests, questions and need assistance regarding Cancellation – Change of basic information – Transfer – Change of distance – Change of package, please contact ActiUp at the following information:

– Hotline: 1900 63 83 37

– Facebook: bit.ly/actiup-fanpage

– Email: support@actiup.net

– Support time from: 8:30 – 17:30 from Monday to Friday (Except for Tet holidays and holidays as prescribed).

1. CANCELLATION POLICY

After completing the registration, runners will not be refunded the registration fee if they are unable to participate in the “Pocari Sweat Run Vietnam 2024” event for any reason.

2. BASIC INFORMATION CHANGE POLICY

Basic information is registered information, EXCLUDING the name of the runner; ID number/ID card/passport and T-shirt size.

A. PROVISIONS

Please read carefully before making a transfer

– Transfer fee: 200,000 VND.

– Each ticket can only be transferred 1 time. Therefore, please fill it out completely and accurately.

– Registration of any phase may only be transferred within the duration of that phase. See details of ticket phases in the Ticket Price List.

– Transfers are not applicable to tickets purchased during the Super Early Phase.

– Transfer is not applicable when the age of the transferee is invalid according to the regulations for each distance.

– Transfers outside the phase of ticket purchase are not applicable.

– The Organizer and ActiUp are not responsible for the accuracy of the information filled in by the transferor. Ticket transaction costs are a separate agreement between the transferor and the assignee, not related to the Organizer and ActiUp.

B. FOR INDIVIDUAL REGISTRATION: Basic information changes can be made for all tickets purchased at the ActiUp website during the Super Early Bird, Early Bird phases. From the Regular and Late phases, please contact ActiUp for assistance.

C. FOR GROUP REGISTRATION

– Before the team leader pays: Members have the right to change all information (except distance). If you need to change the distance, please contact the group leader to delete the registration and re-register for the new distance. (This is an exchange of members and team leaders; The organizers and ActiUp are not responsible for the accuracy of the information).

– After the team leader pays: Make the transfer on the ActiUp website. After the transfer and payment are successful, the system will send a confirmation email to the transferred runner with the email subject “Successful Transfer”.

4. DISTANCE CHANGE POLICY

A. PROVISIONS

Please read carefully before making distance changes

– Distance change fee: 200,000 VND + Distance difference fee (if any). You are not entitled to a refund of the difference when lowering the distance.

– Each ticket can only change the distance 1 time. Therefore, please fill it out completely and accurately.

– Registration of any phase is only allowed to change the distance within that phase. See details of ticket phases in the Ticket Price List.

– Distance changes are not applicable to tickets purchased during the Super Early Bird phase.

– Distance changes are not applied when the age of the person is changed incorrectly according to the regulations for each distance.

– Distance changes outside the phase of ticket purchase are not applicable.

B. FOR INDIVIDUAL REGISTRATION: Distance changes can be made for all tickets that you have purchased at the ActiUp website during the Early Bird phase. From the Regular and Late phases, please contact ActiUp for assistance.

C. FOR GROUP REGISTRATION

– Before the group leader pays: If the member needs to change the distance, please contact the group leader to delete the registration and proceed to re-register the new distance. (This is discussion of members and team leaders; The organizers and ActiUp are not responsible for the accuracy of the information).

– After the team leader pays: Make a distance change on the ActiUp website.

– After the distance change and successful payment, the system will send a confirmation email to the transferred runner with the email subject “Successful Transfer”.

5. RACE KIT PACKAGE CHANGE POLICY

– You cannot change the Race Kit package once you have successfully registered, so please refer to the Race Kit Standard – Better package carefully before buying tickets to have the right choice.

– In case you want to purchase more items of the Better package, please select the “Additional Ticket – Better Package” ticket type on the “Select Tickets” page and proceed to the next steps.

– The Better Package purchased as an add-on will be received at the event (detailed instructions will be announced later).

Note: To ensure the production progress of the BIB, runners who register from 00:00 on September 1, 2024, will not have names on the BIB, please understand.

III. RACE KIT INFORMATION

– All runners will receive a Race Kit that includes a BIB – registration number and race kit to support the race. Details of the time, location, and items to be received are posted on the official website of the program.

– Runners are responsible for receiving the Race Kit within the announced time, the Organizer does not manage cases of picking up the Race Kit after the specified time, and is not responsible for any loss, damage or misalignment caused by the runner in any way. To ensure fairness, the organizers will not extend the Race Kit receiving period or ensure that all Runners receive the Race Kit. Items that are not received during the above time will be managed by the organizers at their sole discretion.

– Race Kit recipients (Runners/Authorized Persons) must ensure that they provide accurate information and are responsible for the information they provide.

– Double-check the Race Kit and the information on the Chip–tag carefully before leaving the counter. The organizer will not be responsible in case of omissions when the recipient leaves the counter.

– Runners must participate with their own registered BIB number. If you bring someone else’s BIB and have not been officially transferred to the Organizer, the runner will be marked as disqualified; The organizers will also not be responsible for the safety of Runners using non-genuine BIBs on the running track. In addition, if running with other people’s BIBs, runners are risking their own safety and that of others, because the organizers will not have medical information as well as emergency contact numbers of Runners.

IV. PRINCIPLES OF PARTICIPATION IN THE RACE

– Runners must follow the instructions of the organizers including track staff, volunteers, medical staff, and security staff during the event.

– During the event, the organizers hope that all attendees will behave professionally and politely to bring the best experience from the program. Be respectful and courteous to those involved, race supervisors, race coordinators, medical staff, traffic supervisors, volunteers, organizers members, and spectators before, during, and after the race.

– Runners must attach the competition registration number (BIB) to the front of the attire. Runners who do not carry a BIB will not be allowed to enter the course.

– Pets, bicycles, skateboards, strollers, wheelchair shoes or other items with wheels are not allowed to be used or bring the track except for the Organizer’s vehicles or ambulances.

– Runners are not allowed to use doping and foods and drugs listed in the list of banned stimulants announced by the World Anti-Doping Agency (WADA).

– Runners are not allowed to have acts and words that harass, incite the crowd, cause violence, damage, or damage to the program.

– Runners are not allowed to bring to the program items and utensils that are not suitable for the program; weapons, sticks, sharp objects that can cause injury to others.

– Runners are not allowed to bring to the race documents and leaflets, with reactionary content that is against the State and people of Vietnam.

– Runners must read the information about the rules and regulations of the race exclusively for runners provided by the organizers via email and on the official portals of the race (website, fanpage)

– The Organizer reserves the right to use images, videos, or other forms of video recording (including recording images of Runners at the event for the purposes of promoting the event (including in subsequent years). Participants have agreed to confirm this clause in the registration section of the program.

– The Organizer reserves the right to restrict or refuse anyone to participate in this event for reasonable reasons in accordance with the provisions of the Race and the laws of Vietnam.

– The Organizer may unilaterally postpone, modify, or cancel the event for any reason, including the unsafe conditions of the competition. In the event that the event is postponed, modified, or cancelled due to objective reasons (including but not limited to wind, rain, hail, storms, tornadoes, earthquakes), terrorist activities, fires, threats or attacks, occupational accidents, floods, unavoidable losses, or any other cause beyond the control of the organizers, the runners will not be refunded the registration fee or any costs related to the competition.

– The Organizer will not be liable for disputes arising from the participant’s failure to complete the registration information correctly.

– It is the responsibility of all runners to learn and remember the starting time of each distance of the race and their starting time. All runners must be present at the specified time to be instructed by the organizers to provide the necessary information and participate in the race.

– After leaving the track, participants will not be allowed to return to the track to ensure the safety of the remaining runners.

– Any attendee who is found by the track referee, event staff or monitoring device to have cheated in any way (including but not limited to: taking shortcuts, using other vehicles, having a BIB wearer on their behalf, etc.) will be disqualified from the event.

– Anyone who enters the event without the official BIB number of the event or uses a BIB or time measuring device that is not his/her own, will be disqualified from the race, even from future events.

– During the event, all attendees are required to behave professionally and courteously. For example, going to the toilet at the designated point, not littering on the run, not “mishandled” things that are not yours, etc. Anyone who violates this code of conduct will be disqualified from the event and forced to leave the track immediately.

V. RUNNER SAFETY

– To ensure safety, when participating in the race, runners commit to having sufficient physical conditions to participate with the registered distance and the time required by the organizers to complete the running distance. Runners are committed to understanding their own health limits and being self-aware of when to stop physical activities before they may be injured.

– It is the runner’s responsibility to learn about the signs and symbols related to maps, locations, and directions.

– Medical staff appointed by the organizers can check on any runner who shows signs of ill health. If the medical staff decides that the runner should not continue the race, the organizer reserves the right to remove the runner from the event area.

– Runners must stop competing if requested by event staff, medical staff or functional forces (including firefighters and police).

– Runners are responsible and liable to pay all, and any medical fees incurred because of training and/or participation in the event, including ambulances, hospital stays, doctors, pharmaceuticals and services.

– Runners need to contact the emergency numbers on the BIB when they have problems on the course and need to go to the nearest water point for assistance when they want to stop the race.

VI. RESULTS

– Runners must wear a BIB with a chip provided by the organizers, from the starting line to the finish line for accurate results, this device is firmly attached to the BIB number.

– Runners who are found to be wearing more than one time measuring device (chip-tag) during the competition period will be disqualified and the results will not be recognized.

– Runners who have abnormal time information at the organizers’ checkpoints will be monitored and may be disqualified.

– All achievements will be carefully reviewed according to the regulations of the organizers before the official announcement.

– The result will not be recognized if the runner violates any of the Conditions of Entry and the Rules of Participation.

VII. PRIZES

– The official results and awards will be reviewed and officially announced before the awards are awarded.

– The Organizer reserves the right to change the winner if the factors considered show that the runner meets the eligibility criteria specified in this regulation.

– Prizes must be received in accordance with the regulations of the Organizer. Prizes are not transferable or redeemable for cash. Runners receive prizes in accordance with the rules and regulations as well as the terms and conditions of the Organizer.

– For prize disputes between winners, complaints must be made before 23:59 on November 3, 2024.

– Runners are responsible for paying a tax related to receiving the prize (if any).

VIII. BAGGAGE STORAGE

– The organizer will not be responsible for the loss or damage of personal belongings at the storage area. The organizers have the right to check bags and personal belongings stored in the personal belongings area if there is a suspicion of violation of the law or according to regulations or requests of the authorities for security reasons.

– The organizers do not accept high-value items such as wallets, phones, laptops, etc. and need to make a commitment from the sender that there are no high-value items or prohibited substances in the bag before depositing at the storage area.

IX. EXCEPTIONS

Any individual who does not agree to any of the terms of the above regulations must submit a request at least 10 days prior to the event date and must clearly state the reason for the request and receive an exception handling response from the Organizer.

X. APPENDIX

– The Event Organizer reserves the right to change, supplement, or abolish all or part of the rules of the event based on the actual situation.

– Attendees will be bound by any changes or additions to the rules prior to the event date.

– Failure to comply with the rules of the event, including those that change, will result in cancellation of the results, cancellation of prizes and official results.