These General Terms And Conditions On Protection And Process Of The Personal Data govern the manners in which Japan Securities Co., Ltd. (“JSI”) collects and processes the Personal Data of the Data Subject in the process of which the Data Subject directly or indirectly establish the relationship, use, and interact with JSI’s products and services.

The Data Subject should read these contents carefully, then regularly check it again to update any changes that JSI may carry out in accordance with the provisions of these Terms and Conditions. The Data Subject and/or any related parties keep continuing the relationship, use and interaction to JSI’s services and products, or keep providing the services and products to JSI, means that the Data Subject and/or any relevant parties agree to apply, coordinate and commit to comply with these JSI’s General Terms And Conditions On Protection And Process Of The Personal Data (these Terms and Conditions). At any time, if the Data Subject and/or any related parties withdraw their consent to these Terms and Conditions, the Data Subject and/or any related parties are responsible for notifying JSI through the following channels:

• • • Via phone: (84-24) 3791.1818
    • Via email: info@japan-sec.vn
    • Directly at JSI office: 7th Floor, Tower 1, Capital Place Building, No. 29 Lieu Giai, Ngoc Khanh Ward, Ba Dinh District, Hanoi City, Vietnam.

 

Article 1. Explanation of terms

Within the scope of these Terms and Conditions, the following terms are understood as follows:

1.1. “Personal Data” refers to electronic information in the form of symbols, letters, numbers, images, sounds, or equivalences associated with an individual or used to identify an individual. The Personal Data includes the general Personal Data and the sensitive Personal Data.

1.2. “Information used for identification of an individual” refers to information that results from an individual’s activities and may identify an individual when it is combined with other stored information and data.

1.3. The “General Personal Data” includes:

a) Last name, middle name and first name, other names (if any);

b) Date of birth; date of death or going missing;

c) Gender;

d) Place of birth, registered place of birth; place of permanent residence; place of temporary residence; current place of residence; hometown; contact address;

e) Nationality;

f)  Personal image;

g) 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;

h) Marital status;

i)  Information about the individual’s family relationship (parents, children);

j)  Digital account information; personal data that reflects activities and activity history in cyberspace;

k) Other information associated with a specific person or helping to identify a specific person that is not specified in Clause 1.4 of this Article.

1.4. The “Sensitive Personal Data” refers to the Personal Data in association with individual privacy which, when being infringed, will directly affect an individual’s legal rights and interests, including:

a) Political and religious opinions;

b) Health status and private life recorded in medical records, excluding information about blood type;

c) Information about racial or ethnic origin;

d) Information about genetic data related to an individual’s inherited or acquired genetic characteristics;

e) Information about an individual’s own biometric or biological characteristics;

f)  Information about an individual’s sex life or sexual orientation;

g) Data on crimes and criminal activities collected and stored by law enforcement agencies;

h) Information on customers of credit institutions, foreign bank branches, payment service providers and other licensed institutions, including: customer identification as prescribed by laws, accounts, deposits, deposited assets, transactions, organizations and individuals that are guarantors at credit institutions, bank branches, and payment service providers;

i) Personal location identified via location services;

j) Other specific Personal Data as prescribed by laws that requires special protection.

1.5. “The Data Subject” are individuals whom the Personal Data reflects, whose The Personal Data is shared with JSI, including but not limited to individuals who are JSI’s customers, employees, collaborators, individuals belonging to organizations that are partners in establishing a relationship with JSI, or any other person whose The Personal Data is controlled and/or processed by JSI.

1.6. “Customers” are individuals and/or organizations that approach, study, register, use, establish relationships with JSI, or are related to any products and services provided by JSI.

1.7. “Company” or “JSI” means Japan Securities Co., Ltd. including the company’s headquarters, branches, and transaction offices (if any).

1.8. “Third Party” is an organization and/or individual excluding JSI and the Data Subject.

Any terms that are not explained in these Terms and Conditions will be explained in accordance with the provisions of the Vietnamese laws.

 

Article 2. General provisions

2.1. These General Terms And Conditions On Protection And Process Of The Personal Data are an inseparable part of contracts, agreements, applications, registrations… that govern, establish a relationship or bind the Data Subject to JSI.

2.2. JSI complies to the rights of privacy, security and safety of the Personal Data. At the same time, JSI always strives to protect the Personal Data, privacy of the Data Subject (including any related parties of the Data Subject) and comply with the Vietnamese laws through measures to protect the Personal Data in accordance with the laws.

2.3. JSI only collects, processes and stores the Personal Data of the Data Subject in accordance with the provisions of laws and within the scope of contracts, agreements, documents signed between JSI and the Data Subject or between JSI and the parties related to the Data Subject.

2.4. Depending on JSI’s roles in each specific situation as: (i) the Personal Data Controller, (ii) the Personal Data Processor, or (iii) the Data Controller and Processor, JSI will perform the rights, responsibilities and principles for processing the Personal Data in accordance with the applicable laws.

2.5. The Data Subject understands and agrees that his/her Personal Data is provided to JSI (including but not limited to information JSI has had before, during and after the acceptance of these Terms and Conditions) is the full consent of the Data Subject to allow JSI to use his/her Personal Data throughout the process of receiving and processing the Personal Data, starting from the time JSI receives information until the Data Subject decides otherwise, or when a Competent State Agency requests in writing.

2.6. By providing the Personal Data of a third party (including but not limited to: information of dependent persons, relevant persons according to the provisions of laws, spouse, children, parents, and/or the Data Subject’s guardian, friends, beneficiaries, assignees, partners, contact persons in emergencies, and/or other relevant individuals) to JSI, the Data Subject commits, warrants and undertakes that the Data Subject has obtained the lawful consent of such third parties for the process and information that JSI is the controller and/or processor of the Personal Data for the purposes set out in these Terms and Conditions.

2.7. These Terms and Conditions shall prevail in the event of any conflicts or inconsistency with the agreements, terms and conditions governing the Data Subject’s relationship with JSI, for whether they have been signed before, on or after the date the Data Subject accepts these Terms and Conditions.

2.8. All rights and obligations of JSI and the Data Subject in these Terms and Conditions shall not be replaced, terminated or varied; but they will concurrently be the rights and obligations of JSI and the Data Subject exist in any documents; no provision in these Terms and Conditions implies any limitation or elimination of any rights or obligations among the rights and obligations of the parties that have been established.

 

Article 3. Process activities of the Personal Data

3.1. Purpose of processing the Personal Data

3.1.1. JSI may process the Personal Data for one or more of the following purposes:

a) Verify the accuracy and completeness of the Personal Data provided; determine or authenticate the identity of the Data Subject and perform the Data Subject authentication process.

b) Evaluate the Data Subject’s application and eligibility requirements for any products and services proposed or provided by JSI.

c) Providing products and services deployed by JSI (including but not limited to products that third parties cooperate with JSI to implement according to the provisions of laws).

d) Promotion and information about products, services, promotional programs, research, surveys, news, updates, events, communication activities, and related introductions to JSI’s services and products and other partners’ services who cooperate with JSI.

e) Contact to exchange information, provide documents or other materials related to transactions and use of products and services at JSI.

f) Notify information about obligations, rights, changes to features, improvements and enhancements to the utility and quality of products and services.

g) Make reports according to legal regulations.

h) Conduct the market research, surveys and data analysis related to any products and services provided by JSI (whether they are performed by JSI or another third party whom JSI cooperates with) which may relate to the Data Subject.

i) Protect the legitimate interests of JSI and comply with relevant laws, including but not limited to collect fees, charges and/or recover any debt, handle any grievance or complaint procedures, or under any agreement between the Data Subject and JSI.

j) Prevent or minimize any threats to the health, lives of others and public interests, ensure security in JSI’s operations and for the Data Subject in accordance with the provisions of laws.

k) Meet and comply with JSI’s internal policies, procedures and any rules, regulations, instructions, directives or requirements issued by any Competent State Agencies according to regulations of laws.

l)  Evaluate any proposals regarding rights, benefits or obligations under the Data Subject’s contract(s) with JSI.

m) Provide to JSI’s service providers/partners to perform services for the Data Subject and/or JSI.

n) Serve other purposes related to JSI’s business activities that JSI considers appropriate from time to time.

3.1.2. JSI will request the permission from the Data Subject before using his/her Personal Data for purposes other than those set out above.

3.2. Collection of the Personal Data

3.2.1. The Personal Data that JSI may need and/or be required to collect includes the general Personal Data and the sensitive Personal Data relating to the Data Subject and any relevant individuals of the Data Subject.

3.2.2. Collection methods:

JSI may directly or indirectly collect the Personal Data of the Data Subject in the process of providing any products or services by JSI, and from other sources including but not limited to the following:

a) Directly from the Data Subject: JSI collects during the process of communicating, working, providing services and meeting directly with the Data Subject. The Personal Data can be provided in writing and/or electronic data by the Data Subject.

b) From JSI’s websites: JSI may collect the Personal Data when the Data Subject accesses and/or declares the Personal Data at any of JSI’s official websites.

c) From exchanges and communication with the Data Subject: JSI may collect the Personal Data of the Data Subject when the Data Subject contacts JSI via email, phone, any electronic communication or any other means (including but not limited to surveys or investigations that JSI conducts or obtains).

d) From any interactions or the automated data collection technologies: JSI may collect the Personal Data of the Data Subject which is recorded automatically from the Data Subject’s connection or related parties such as cookies, plug-ins… and/or any technology capable of collecting the Personal Data on any devices or websites.

e) From any Competent State Agencies: JSI may receive the Personal Data from any management agencies such as the State Securities Commission of Vietnam, Vietnam Securities Depository and Clearing Corporation, Stock Exchanges and/or other any other Competent Authorities in Vietnam.

f) Public sources: JSI may receive the Personal Data of the Data Subject from public sources such as advertising information/brochures, information that is widely public and easily accessible. For such cases, JSI will save the data sources which JSI refers to.

g) From suppliers, service providers, partners, affiliates and third parties related to JSI’s business activities.

h) From third parties having relationships with the Data Subject.

i)  From other sources where the Data Subject consents to share/provide the Personal Data, or sources where the collection is required or permitted by law.

3.3. Processing of The Personal Data in special cases

3.3.1. JSI will be able to do voice record, image record and process the Personal Data collected from surveillance cameras in areas including but not limited to office areas, hallway areas, exit areas… in accordance with the requirements to ensure security in the operations of JSI and for the Data Subject according to the provisions of law.

3.3.2. The processing of the Personal Data related to the Personal Data of a person declared missing or deceased must have the consent of that person’s spouse or adult children, in the absence of these people, JSI must have the consent of the parent of the person declared missing or deceased, unless exempted according to the provisions of laws.

3.3.3. Personal processing of children’s Personal Data

a) Process children’s Personal Data according to the principles of protecting children’s rights and in the best interests of children.

b) When processing children’s Personal Data, JSI will verify the child’s age and request the consent of the child and/or the child’s parent or guardian in accordance with the laws.

c) Stop processing children’s Personal Data, irreversibly delete or destroy children’s Personal Data in accordance with the provisions of laws.

3.4. Transfer and Disclosure of Personal Data

3.4.1. JSI will not sell, exchange, or rent (definitely or indefinitely term) any Data Subject’s personal information without the Data Subject’s consent in the accordance with applicable laws. However, in order to carry out the purposes and process of the Personal Data in these Terms and Conditions, the Data Subject agrees that JSI may disclose his or her Personal Data or the Personal Data of relevant parties to one or more of the following parties:

a) JSI may share the Personal Data of the Data Subject with its employees and departments for the purposes stated in these Terms and Conditions and the contracts and agreements issued signed between the Data Subject and JSI;

b) Competent State Agencies in Vietnam or any third parties to whom JSI is permitted or required to disclose according to laws or under any other contracts/agreements or commitments between the third party and JSI;

c) Business partners, reward providers, gift providers, parties participating in or coordinating any loyalty programs, advertisers, charities or non-profit organizations, any related organizations for the purpose of operating and implementing JSI’s business activities, the entities who are deploying and operating the system, application or equipment or providing to JSI’s customer any products or services which are chosen by such customer, or the purposes stated in these Terms and Conditions;

d) Any individual or organization involved in exercising or maintaining any rights or obligations under the agreement between the Data Subject and JSI;

e) Third parties whom the Data Subject consents, or whom JSI has a legal basis to share the Data Subject’s Personal Data.

3.4.2. JSI recognizes that the Personal Data of the Data Subject is private and confidential. Other than the parties stated above, JSI will not disclose the Data Subject’s Personal Data to any other party, except in the following cases:

a) When there is consent from the Data Subject

b) When JSI is required or permitted to be disclosed according to legal regulations; or according to the decision of a Competent State Agency;

c) When JSI transfers rights and obligations according to the agreements between the Data Subject and JSI or comply with the provisions of laws.

3.5. Transfer of the Personal Data to abroad

3.5.1. For the purposes of processing the Personal Data in these Terms and Conditions, JSI may be required to provide/share the Personal Data of the Data Subject to relevant third parties of JSI, and these third parties may be in Vietnam or any other location outside the territory of Vietnam.

3.5.2. When providing/sharing the Personal Data to abroad, JSI will require the receiving party to ensure that the Data Subject’s Personal Data transferred to them will be confidential and secured. JSI and the recipient ensure compliance with legal and regulatory obligations regarding the protection of the Personal Data of the Data Subject.

 

Article 4. Rights and obligations of the Data Subject related to the Personal Data provided to JSI

4.1. The Data Subject have the following rights

a) Right to know.

b) Right to consent.

c) Right to access.

d) Right to withdraw consent.

e) Right to delete data.

f) Right to restrict data process.

g) Right to provide data.

h) Right to object to data process.

i) Right to complain, denounce and sue.

j) Right to claim compensation for damages.

k) The right to self-defence.

l) And other related rights according to the provisions of laws.

4.2. The Data Subject are responsible for protecting their Personal Data and requesting other relevant organizations and individuals to protect their Personal Data. At the same time, the Data Subject will respect and protect the Personal Data of others, and participate in propagating and disseminating the Personal Data protection skills.

4.3. Provide completely and accurately the Personal Data to JSI when entering into a contract or using services provided by JSI.

4.4. Implement and comply with legal regulations on the Personal Data protection and participate in preventing and combating violations of the Personal Data protection regulations.

4.5. In case of changes or adjustments to the Personal Data, the Data Subject and/or related parties are responsible for contacting and immediately informing JSI, so that JSI can promptly update those changes and adjustments. The Data Subject and/or relevant parties will be fully responsible for any delay in this notification; At the same time, the delay in this notification will exempt JSI from all damages and risks arising (if any).

 

Article 5. JSI’s rights and obligations regarding collected the Personal Data

5.1. JSI has the right to collect, process, store, transfer, secure… the Personal Data according to the provisions of laws.

5.2. In case the Data Subject withdraws his or her consent, requests data deletion and/or exercises other relevant rights in respect of any or all of his or her Personal Data, and depending on the nature of the Data Subject’s request, JSI has the rights to consider and decide on not continuing to provide JSI’s products and services related to the use of the Personal Data of the Data Subject due to the inability to ensure the standards and quality of products and services according to JSI’s assessment or are required by laws to collect the Personal Data of the Data Subject when providing products and services. In this case, JSI will notify the Data Subject of the decision not to provide the product or service, clearly stating the reason. Any damages incurred by the Data Subject and JSI (if any) will be the sole responsibility of the Data Subject. Due to the specific operations of securities companies, the law requires that JSI must store the Data Subject information in certain cases, in which cases JSI cannot meet the Data Subject’s request to delete data if the deletion would result in a violation of the laws.

5.3. For security purposes, JSI has the right to require the Data Subject to verify their identity before processing the Data Subject’s request. The Data Subject may need to make its request in writing or use another method to prove and authenticate the Data Subject’s identity.

5.4. Notify the Data Subject of the contents required by laws before proceeding with the process of the Personal Data.

5.5. Process the Data Subject requests in relation to the Personal Data provided to JSI within the statutory time period from JSI’s receipt of a complete and valid request, as well as the related process fee (if any) from the Data Subject.

5.6. Other rights and obligations as prescribed by laws.

 

Article 6. Risks of the Personal Data disclosure and protection measures

6.1. JSI always tries to ensure confidentiality, safety, legal compliance, and limit unwanted consequences and damages that may occur. However, the Data Subject understands that providing and consenting to JSI’s use of the Personal Data will always have potential risks that may occur objectively, unexpectedly and unforeseeably due to system or transmission errors, force majeure events, viruses, network attacks or hardware or software failures, actions and operations of the Data Subject or any other third party affecting the provision and process of the Personal Data of the Data Subject… Risks may arise such as the Data Subject’s Personal Data being exposed or stolen by other parties, etc., leading to this Personal Data being used for other unwanted purposes or beyond the control of JSI and the Data Subject, causing both physical and mental damages.

6.2. Responsibility for the Personal Data security is a mandatory requirement of JSI for all employees. JSI carries out its responsibility to protect the Personal Data as prescribed by current law with security methods in accordance with legal regulations and regularly reviews, updates management and technical measures when processing the Personal Data of the Data Subject (if any).

 

Article 7. Storage of the Personal Data

7.1. The Personal Data of the Data Subject will be stored and kept confidential by JSI in accordance with the laws.

7.2. JSI stores the Personal Data of the Data Subject for the period necessary to fulfil the purposes in accordance with the agreements, contracts, documents that the relevant parties have signed with JSI and in accordance with these Terms and Conditions, unless the storage time of the Personal Data is longer if required or permitted by the Data Subject and current provisions of laws.

 

Article 8. Amendments and supplements

8.1. JSI may amend, supplement or adjust the provisions of these Terms and Conditions from time to time, and ensure that such amendments and supplements are in accordance with the provisions of laws. Notice of any amendments, supplements or adjustments will be updated and posted on JSI’s website at https://japan-sec.vn and/or notified to the Data Subject via other means of communication as JSI considers appropriate.

8.2. To the extent permitted by the applicable laws, the Data Subject and/or related parties continue to use JSI’s services and products, or continue to provide services and products to JSI means that the Data Subject and/or related parties continue agree to the updated contents of these Terms and Conditions.

 

Article 9. Contact information for processing Personal Data

In case the Data Subject has any concerns or questions related to these Terms and Conditions or issues related to the rights of the Data Subject or the process of the Personal Data of the Data Subject, please contact the information below for answers and specific instructions:

• • • Via phone: (84-24) 3791.1818
    • Via email: info@japan-sec.vn
    • Directly at JSI office: 7th Floor, Tower 1, Capital Place Building, No. 29 Lieu Giai, Ngoc Khanh Ward, Ba Dinh District, Hanoi City, Vietnam.

 

Article 10. Consent provisions

By using any service, product or accessing any website, application or device of JSI or connect to JSI, the Data Subject is deemed to have accepted all these Terms and Conditions. In case the Data Subject does not accept these Terms and Conditions, the Data Subject has the right to terminate the use of services, products or to access to website and applications or equipment of JSI or connect to JSI.

JAPAN SECURITIES CO., LTD.