Terms and conditions on personal data processing and protection

THESE TERMS AND CONDITIONS ON PERSONAL DATA PROCESSING AND PROTECTION provide for the processing and protection of Client's personal data when Client uses any Products and Services provided by RongViet. These Terms and Conditions on Personal Data Processing and Protection are considered as an integral part of any agreements, terms and conditions that govern the relationship between Client and RongViet.

The Client undertakes to carefully read, update regularly, and agree to implement these Terms and Conditions on Personal Data Processing and Protection and the amendments announced by RongViet from time to time.

1. Collected Personal Data

When the Client's accesses and/or uses products, services and/or features on RongViet's website, including but not limited to electronic trading system, stock price list, account opening application, recruitment application, registration to receive analysis reports and modules and other continuity features of the website, Client understands that, Rong Viet may collect one or more of the following Personal Data of the Client (hereinafter referred to as "Personal Data"), including: 

A. General Personal Data includes: 

(i) Last name, middle name and first name, other names (if any);
(ii) Date of birth; date of death or going missing; 
(iii) Gender;
(iv) Place of birth, registered place of birth; place of permanent residence; place of temporary residence; current place of residence; hometown; contact address;
(v) Nationality;
(vi) Personal image;
(vii) Phone number; ID Card number, personal identification number, passport number, driver’s license number, license plate, taxpayer identification number, social security number and health insurance card number; 
(viii) Marital status;
(ix) Information about the individual’s family relationship (parents, children);
(x) Digital account information; personal data that reflects activities and activity history in cyberspace; 
(xi) Email;
(xii) Client's investment experience, investment objectives, risk tolerance, transactions, trading behavior related to the products and services provided by RongViet.

B. Sensitive Personal Data includes:

(i) Data on crimes and criminal activities collected and stored by law enforcement agencies;
(ii) Information on customers of credit institutions, foreign bank branches, payment service providers and other licensed institutions, including: customer identification as prescribed by law, accounts, deposits, deposited assets, transactions, organizations and individuals that are guarantors at credit institutions, bank branches, and payment service providers; 

2. Purpose of collection and processing of Personal Data

The Personal Data of the Client will be collected and processed by RongViet for the following purposes: 

a. Communicating with the Client, or his/her authorized person in connection with the Client's services, transactions and/or account. 
b. Introduce and provide information of products, services, promotions, events, etc. conducted by RongViet to clients; 
c. Personalize the Client's experience, improve the performance, usability and effectiveness of the system presence as well as measure the effectiveness of the electronic information systems that RongViet provides;
d. Analyze client’s information to improve service quality and client’s experience;
e. Support RongViet to understand Clients' investment needs, needs of using products and services in order to provide Customers with information (such as analysis reports, investment recommendations), or to recommend and advice Clients on using products and services of RongViet; 
f. Facilitate RongViet activities, administration, system operation and risk management of RongViet in compliance with the law; 
g. In order to fulfill the obligations of Rong Viet to a competent State agency (including obligation to report or provide information at the request of a competent State agency);

3. How Personal Data is processed

RongViet collects Client's Personal Data through one or several main methods as follows:

a. From the Client: collect data through meeting, conversation, direct service provision or through other methods such as emails, calls, messages, surveys and/or any other form of communication between RongViet and the Client, which are provided by the Client himself. 
b. Through RongViet's website or mobile application: when Client accesses the Website or uses any feature, branch module of RongViet's Website and/or when Customer downloads or uses RongViet's mobile application.
c. By automatic data collection: Rong Viet may collect Personal Data of the Client and related parties automatically recorded from the Client's connection to RongViet such as cookies, plug-ins, or any technology capable of tracking and collecting Personal Data automatically on such devices or websites. 
d. From competent State agencies: RongViet may collect the Client’s Personal Data from competent agencies such as the State Securities Commission, Vietnam Securities Depository/Vietnam Securities Depository Corporation, Stock Exchanges, or other competent authorities in Vietnam.
e. From other sources where Client consents to the sharing/providing of Personal Data, or sources where data collecting is required or permitted by law. 

4. Start and end time of processing of Client’s Personal Data

4.1. As soon as the Client agrees to establish the agreements, terms and conditions governing the relationship between the Customer and RongViet and these Terms and Conditions of Personal Data Processing and Protection, RongViet will collect and process the Client's Personal Data within the scope permitted by the Client, except for cases where the consent of the Client specified in Section 6 below is not required. The Client understands that the Client's consent applies to all operations in the processing of the Personal Data and the subsequent processing of the Client's Personal Data will continue to be carried out without any further consent of the Client.

4.2. Depending on the purpose of processing Personal Data and the specific of data being processed, RongViet reserves the right to decide on the maximum storage time of Client’s Personal Data but still ensure the compliance with the storage period required by law.

4.3. In case the Client requests to withdraw the consent for RongViet to process the Client’s Personal Data or requests to delete/destroy the data, RongViet will stop processing the Client's Personal Data. However, the Client understands and agrees that the failure to access the Client's Personal Data may affect Rong Viet's ability to provide services and products to the Client based on RongViet's sole assessment or in accordance with the law. Therefore, Rong Viet may consider not continuing to provide services or products that are affected by the action of withdrawing consent or requesting deletion / destruction of Client’s Personal Data. The Client understands that these actions of the Client are considered as the act of unilaterally terminating the use of services and products provided by RongViet to the Client under any effective contracts/agreements between RongViet and the Client. Therefore, the Customer commits to be solely responsible for the possible legal consequences and to abide by the remedies that RongViet has the right to apply due to Client's breach specified in such contracts/agreements and/or in accordance with the law.

4.4. In the event that the Client terminates the use of services, products or information technology systems provided by RongViet, the Client acknowledges that RongViet still has the right to store and continue processing and using Personal Data within the scope permitted by the law and stipulated in these Terms and Conditions on Personal Data Processing and Protection,  unless the Customer withdraws the consent for RongViet to process the Client's Personal Data or requests the deletion/destruction of data. 

5. Third parties with access to Personal Data

RongViet commits not to sell, exchange, or rent Client’s Personal Data without Client's prior consent in accordance with current laws. However, in order to fulfill the purposes set out in Section 2 of these Terms and Conditions on Personal Data Processing and Protection, Client agrees that RongViet may disclose Client’s Personal Data to one or more of the following parties: 

a. Internal: including headquarters, branches, transaction offices, representative offices, divisions, departments, employees and subsidiaries of RongViet in order to provide efficient products and services to clients.
b. Government agencies and law enforcement agencies: when required or in accordance with the law, rule, regulation or legal process, including but not limited to, reporting to Government authorities or enforcing any of RongViet's obligations,  such as providing information at the request of courts or competent authorities or with other organizations such as the State Securities Commission, Stock Exchanges and Vietnam Securities Depository.
c. Other third parties: Client acknowledges that in order to build, develop and administer the system, for the purpose of providing and improving the quality of services and products of RongViet provided to the Customer, RongViet may disclose Personal Data of the Client without further consent from the Client,  to third parties regardless of whether affiliated or not affiliated with RongViet to provide necessary products and services related to the securities trading system and trading on the Client's account as well as providing other products and services suitable to the needs of business development of RongViet. However, RongViet commits to take necessary and reasonable measures to request the permitted third parties to protect Customer Personal Data.

6. Rights and obligations of the Client

A. Rights of the Client
- Right to be aware of his/her Personal Data being processed, unless otherwise provided by law.
- Right to accept or refuse to the processing of his/her Personal Data, except for: (i) in urgent cases, it is necessary to immediately process relevant Personal Data to protect the life and health of the Client or others; (ii) the disclosure of Personal Data in accordance with the law; (iii) the Processing of Personal Data by competent regulatory authorities in the event of a state of emergency regarding national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a threat to security and national defense but not to the extent of declaring a state of emergency; to prevent and fight riots and terrorism, crimes and law violations according to the provisions of law; (iv) to perform the Client's contractual obligations with relevant agencies, organizations and individuals in accordance with the provisions of law; and (v) for the operations by regulatory authorities as prescribed by relevant laws. 
- Right to access to view, rectify or request correction of his/her Personal Data, unless otherwise required by law.
- Right to withdraw his/her consent, unless otherwise provided for by law.
- Right to delete or request deletion of his/her Personal Data, unless otherwise provided for by law.
- Right to obtain restriction on the processing of his/her Personal Data, unless otherwise provided for by law.
- Right to request RongViet to provide his/her Personal Data in writing sent to RongViet's head office, unless otherwise provided for by law. A written request for provision of Personal Data must be made in Vietnamese, including the following main contents: (i) Full name; place of residence, address; identity card number, citizen identification card or passport number of the requester; fax number, telephone number, email address (if any); (ii) Personal Data requested to be provided, specifying the name of the document; (iii) The form of provision of Personal Data; and (iv) The purposes of requesting Personal Data. After receiving the Client's valid request, RongViet will notify the deadline, method and cost to provide Personal Data at the Client's request.
- Other rights are provided by laws.

B. Obligations of Clients
- The Client is responsible for protecting his/her own Personal Data, requesting other relevant organizations and individuals to protect his/her Personal Data. 
- The Client respects and protects the Personal Data of others.
- Provide full and accurate Personal Data after accepting the processing of Personal Data. If there is a change or adjustment of Personal Data, the Client is responsible for contacting and immediately informing RongViet so that RongViet can promptly update such changes and adjustments. The Client will be fully liable for any delay in this notice; at the same time, the delay in this notice from the Client will exempt RongViet from all damages and risks arising to the Client and related parties (if any).
- If the Client provides the Personal Data of a third party (including but not limited to the information related to the Client's dependents, related persons according to law, spouses, children and/or parents and/or guardian, friend, reference, beneficiary, authorized person, partner, contact person in case of emergency or other individuals) to RongViet, the Client is responsible to ensure that the Client has obtained the legal consent of such third party for the processing of the Personal Data for the purposes set out in These Terms and Conditions on Personal Data Processing and Protection.
- For the reason of protection of Customer's Personal Data, RongViet has the right to verify and the Client is obliged to provide information and documents proving that he/she is the Personal Data subject or a person authorized by the Personal Data subject when sending requests to Rong Viet,  including but not limited to requests to withdraw consent, rectify data, delete/destroy data, provide Personal Data to himself/herself. 
- Other obligations are provided by laws.

7. Risks and disclaimer

7.1. RongViet shall make our best efforts and apply all measures that RongViet deems necessary in our reasonable capacity to keep Client Information secure. However, the Client acknowledges that the sharing of Personal Data in the electronic environment will carry a number of risks beyond the protection of the measures applied by RongViet, such as: 

a. The actual use and operation of an Internet-based electronic information system may not be completely secured, and the open nature of the Internet may lead to to the possibility of data leakage which may contain Client’s Personal Data.
b. The Client’s Personal Data may be exposed or stolen due to unauthorized access by unauthorized third parties.
c. Information when exchanged between RongViet and Client may not guarantee absolute safety and integrity during data transmission over the Internet. 

7.2. The Client acknowledges and accepts the risks that may arise to the Client's Personal Data in circumstances beyond RongViet's reasonable control. In order to minimize risks that may arise in the above-mentioned circumstances, especially in order to avoid illegal access and use of Client Information by unauthorized persons, RongViet’s information system for storing and securing Client Information will be protected by a secure network structure according to RongViet's reasonable judgment from time to time in accordance with the provisions of law. 

7.3. For supporting RongViet to ensure the best interests of the Client, the Client commits to conduct information security measures on the Client's own means of access, and at the same time, absolutely keep the information confidential on the electronic information system and/or other service channels of RongViet.

7.4. If there are evidents or reasonable suspicion that Client Information is stolen or illegally disclosed, the Client must immediately notify RongViet. As soon as possible after receiving such request, Rong Viet will investigate and/or take necessary and reasonable measures to prevent consequences for the Client. Client's failure to notify or delay in notifying RongViet about lost or suspected information will be a reasonable basis to release/exempt RongViet’s liability for any damage or loss to Client’s Personal Data. 

7.5. For the information that the Client provides to third parties through any third-party website, software, application or any other platforms on which displaying advertisement or affiliated information of RongViet, regardless of whether or not there is any agreement or association between RongViet and these third parties, Client understands and acknowledges that this Privacy Policy does not apply to the information Client provides to a third party in the above case, as well as Rong Viet will not have any obligations and responsibilities related to the access, exchange and provision of information between the Client and the other third parties.

8. Amendment

RongViet reserves the right to amend, update, or adjust the terms and conditions of these Terms and Conditions of Personal Data Processing and Protection from time to time without any further consent of the Client, and ensure that the amendments and supplements are consistent with relevant law provisions. 

To the fullest extent permitted by applicable law, the Client's continued use of RongViet's services and products means that the Client agrees to the updated contents of these Terms and Conditions of Personal Data Processing and Protection.