GENERAL TERMS AND CONDITIONS
ON PERSONAL DATA PROTECTION AND PROCESSING
These General Terms and Conditions on personal data protection and processing
(“General Terms”) outline the procedures followed by Everest Securities
Joint Stock Company (EVS) in the collection, processing and protection of the personal
data of Data Subjects.
Article 1. Definition of terms.
The definitions of the terms used in these General Terms are as follows (unless
otherwise defined by law):
1. 1. “Personal data” refers to information presented in the form
of symbols, letters, numbers, images, sounds or similar forms in the electronic
environment, that is associated with an individual or aids in their identification.
Personal data includes basic personal data and sensitive personal data.
1.2. “Basic personal data” includes:
- Surname, middle name, birth name, other names (if any);
- Date of birth; date, month, year of death or disappearance;
- Gender;
- Place of birth, place of birth registration, permanent
residence, temporary residence, current residence, hometown, contact address;
- Nationality;
- Images of individuals;
- Phone number, ID card number, personal identification
number, passport number, driver's license number, license plate number, personal
tax code number, social insurance number, health insurance card number;
- Marital status;
- Information about family relationships (parents,
children);
- Information about individual digital accounts;
Personal data reflecting activities and history of activities in cyberspace.
- Other information that pertains to a specific individual
or helps identify a specific individual that does not fall under the category of
sensitive personal data.
1.3. "Sensitive personal data" is personal data associated with
an individual's privacy rights that any breach of this data can have a direct impact
on the individual's lawful rights and interests, including:
a) Political views, religious views;
b) Health status and personal life are recorded in medical records, excluding information
about blood type;
c) Information related to racial and ethnic origin;
d) Information about inherited or acquired genetic traits of the individual;
e) Information about physical attributes and biological characteristics of individual;
f) Information about individual's sex life and sexual orientation;
j) Data on crimes and offenses collected and stored by law enforcement agencies;
h) Customer information of credit institutions, foreign bank branches, intermediary
payment service providers, other permitted organizations, including: customer identification
information in accordance with the provisions of law, account information, deposit
information, information about deposited assets, etc., information on transactions,
information about organizations and individuals acting as guarantors at credit institutions,
bank branches, intermediary payment service providers;
i) Data about the individual's location determined through location services;
j) Other personal data mandated by legislation is distinct and necessitates appropriate
security measures.
1.4. “Personal data processing” refers to one or various activities
involving personal information, such as: gathering, recording, analyzing, verifying,
storing, rectifying, disclosing, merging, accessing, retrieving, recalling, encrypting,
decrypting, duplicating, sharing, transmitting, providing, transferring, deleting,
destroying personal data, or other relevant actions.
1.5. “Data subjects” refers to individuals whose personal data
is reflected by the personal data shared with EVS, including but not limited to
individuals who are customers of EVS; users on EVS's digital platforms, and individuals
affiliated with organizations that have legal relationships to EVS; the individual
is/belongs to the party providing products and services to EVS; collaborators, potential
candidates, employees; EVS shareholders or any other individuals is affiliated with
or arising from the utilization, provision of products, services, labor relationships,
or other legal relationships with EVS.
1.6. “Customer” refers to individuals and organizations that access,
acquire information about, register, use, establish relationships or are associated
with the products and services provided by EVS.
1.7. "Personal Data Subject" refers to the Data Subject, an individual,
or an organization acting on behalf of or obtaining the consent of the Data Subject
to provide and consent to the processing of their personal data to EVS.
1.8. “Company” or “EVS” refers to Everest Securities Joint Stock Company,
including the company's headquarters, branches, representative offices, and transaction
offices (if any).
1.9 “Third party” refers to organizations and individuals that
are not affiliated with EVS, Customers and Data Subjects.
To clarify, any terms not explained in the General Terms will be explained in accordance
with Vietnamese law.
Article 2. General principles
2.1. EVS values and respects the right to privacy, confidentiality and security
of personal data. Simultaneously, EVS consistently aims to safeguard Personal Data,
the privacy of Data Subjects, and adhere to the law by implementing Personal Data
protection protocols in order to fulfill and adhere to enacted regulations;
2.2. EVS collects and processes Personal Data solely in compliance with the law
and within the parameters of the documents and agreements established between EVS
and the Customer and/or relevant party(s);
2.3. Depending on EVS's role in each specific situation are (i) Personal Data Controller;
(ii) Personal Data Processor; or (iii) The Controller and processor of personal
data, EVS will adhere to the rights , responsibilities as well as principles for
processing Personal Data in compliance with current laws;
2.4. All rights and obligations of EVS, Data Subject, Personal Data Provider in
these General Terms will not be substituted, terminated, or altered, but will coexist
as the rights and responsibilities of EVS, the Data Subject, and the Party providing
the personal data in any document and nothing in these General Terms implies the
limitation or removal of any existing rights or responsibilities of the parties,
unless otherwise agreed in writing;
2.5. The Data Subject/Personal Data Provider acknowledges and agrees that the Personal
Data (including Basic Personal Data and Sensitive Personal Data) supplied to EVS
will not only be restricted to the extent of personal data to be supplied but also
encompasses personal data previously supplied to EVS. The ongoing utilization of
EVS's services and products by the Data Subject/Personal Data Provider, as well
as the continuous upholding of transactions or agreements formed with EVS subsequent
to the acceptance of these General Terms, signifies the explicit, voluntary, and
affirmative agreement of the Data Subject/Personal Data Subject to EVS's processing
of Personal Data (comprising Basic Personal Data and Sensitive Personal Data) throughout
the reception and handling of such information, commencing from the moment EVS acquires
the data until a termination request is made by the Data Subject/Data Subject or
as mandated by law.
2.6. When disclosing Personal Data of a third party (including but not limited to
Personal Data of the organization's transaction representative, dependents, legal
relatives, guardians, friends, beneficiaries, authorized persons, partners, emergency
contact person or other individual) to EVS, the Personal Data Subject affirms, guarantees,
and takes responsibility for ensuring that they have provided adequate information
and obtained the lawful consent of the Data Subject to collect and process their
Personal Data in accordance with these General Terms. The Personal Data Provider
acknowledges that EVS has no obligation to verify the legality and validity of the
above consent and that the storage of supporting evidence is the responsibility
of the Personal Data Provider. The Party providing personal data must provide evidence
of the Data Subject's consent in the requested EVS field. EVS is absolved from liability
and obligated to cover expenses for damages and associated costs in cases where
the personal data provider does not adhere to the regulations outlined in this Section.
Article 3. Contents of personal data processing
3.1. Collection of personal data
3.1.1. To fulfill the purposes of Article 3.2 below, EVS needs and/or is required
to gather Personal Data of Data Subject.
3.1.2. Methods and procedures of EVS in gathering Personal Data
EVS may directly or indirectly gather collect Personal Data from one or various
sources as listed below, including but not limited to:
a) From direct meetings with the Party providing personal data: EVS gathers
information through various means such as contacting, collaborating, offering/using
services, and receiving information directly from the Personal Data Provider.
b) From exchanges and communications with the Personal Data Provider when
the contact between the Personal Data Provider and EVS arises, such as via email,
EVS's Call Center (Contact Center), electronic communications or any other method
(including but not limited to surveys, investigations conducted or acquired
by EVS);
c) From EVS's websites when the Personal Data Provider accesses and declares
Personal Data;
d) From the mobile application when the Personal Data Provider downloads,
uses or declares Personal Data on EVS's mobile application.
e) From interactions or automated data collection technologies: EVS may
gather Personal Data of Data Subjects automatically recorded from connections of
Personal Data Subjects or related parties such as cookies, plug-ins, third party
social network connection sequences or any technology capable of tracking and collecting
Personal Data on those devices or websites (such as facebook, tiktok, instagram...);
f) From competent state agencies such as the State Securities Commission,
Vietnam Securities Depository and Clearing Corporation, Stock Exchanges or other
competent authorities in Vietnam;
g) From publicly available sources such as phone books, advertising information/flyers,
information publicly available online, etc.
h) From other sources where the Data Subject consents to the sharing/provision
of Personal Data, or where collection is required or permitted by law.
3.2. Purposes of personal data processing
3.2.1. EVS may process Personal Data for one or more of the following purposes:
3.2.1.1.General purpose:
a) Review the accuracy and completeness of the Personal Data provided; verify or
authenticate the identity of the Data Subject and carry out procedures for Data
Subject authentication.
b) To establish the relationship between EVS and the Data Subject/Personal Data
Provider/Relevant Third Party;
c) To fulfill other objectives associated with EVS's business operations that EVS
considers suitable periodically.
d) To protect the lawful interests of EVS and adhere to relevant laws, including
but not limited to the collection fees, charges and/or the retrieval of any debts,
or proceeding with lawsuits, complaints or any agreement between the Data
Subject/Personal Data Subject and EVS;
e) To evaluate any proposals related to rights, benefits or obligations outlined
in the document(s), agreement(s) between the Data Subject/Personal Data Provider
and EVS;
f) Provide to service providers/partners of EVS to carry out transactions for Data
Subjects/Personal Data Providers and/or EVS;
g) Prevent or minimize a threat to the life, health of others and the general public;
h) To evaluate risks, analyze trends, statistics, plan, including but not limited
to statistical data processing analysis, transactions, credit and anti-money laundering,
terrorist financing, weapons of mass destruction financing;
i) To identify, prevent and investigate crimes, assaults, or any breaches of the
law (including fraud, bribery, corruption or tax evasion);
j)To carry out transactions such as transfer, disposition, business reorganization
or purchase, sale or exchange of EVS's activities and assets;
k) To meet and adhere to EVS's internal policies, procedures and any rules, regulations,
instructions, directives or requirements issued by competent state agencies in accordance
with the law;
3.1.1.2. In addition to the General Purpose in Article 3.2.1.1 above, EVS can also
process Personal Data for one or various purposes corresponding to each of the following
subjects:
A. For the Customer
a) Evaluate legal documents, financial capabilities and customer's circumstances
for any operations, products and services offered or provided by EVS;
b) Providing operations, products, and services conducted by EVS (including but
not limited to products that third parties cooperate with EVS to conduct in accordance
with the provisions of law);
c) Promotion and information about products, services, promotional initiatives,
research, surveys, news, updates, events, contests with prizes, relevant rewards,
other relevant communication and introduction activities about EVS's services and
products and other partners' services in cooperation with EVS;
d) Contact to exchange information, provide writings or other documents related
to transactions and the utilization of EVS's products and services;
e) Notify information about obligations, rights, changes in features, improvements
and enhancements of utilities and quality of products and services;
f) Prepare financial reports, activity reports or other relevant reports in accordance
with the provisions of law;
g) Conduct market research, surveys and data analysis related to any products and
services provided by EVS (whether performed by EVS or another third party with whom
EVS cooperates) that may relate to Customers/Data Subjects.
B. For product and service providers, leasing partners, property leases, and
cooperation with EVS
a) To engage in and execute the objectives as outlined in the pertinent documents
and agreements.
b) Contact, exchange, and verify information during the execution of tasks/services
between the Personal Data Provider and EVS.
C. For potential candidates, collaborators, and employees
a) Review conditions for candidates and collaborators; evaluate dossiers, documents,
and financial papers for the purpose of appraising and evaluate the capacity of
candidates and collaborators, register candidate and collaborator profiles, and
serve the recruitment process and signing service contracts;
b) Sign and manage contracts, employment and services agreements with candidates,
collaborators, and employees;
c) Train, test, evaluate work quality and compliance with obligations in contracts,
agreements, and commitments with EVS;
d) Manage personnel records and carry out procedures in accordance with the law
with functional agencies and competent agencies such as agencies of labor, insurance,
tax, State Securities Commission, etc.;
e) Carry out essential activities and tasks from agreements and contracts signed
with third parties depending on the purpose and needs arising at each time such
as training services, health insurance, medical examination. medical treatment,
transportation, tourism, event organization, etc.;
f) Carry out other purposes related to human resource development and management.
3.2.2. EVS will seek consent from Data Subjects prior to utilizing their Personal
Data for any purposes not outlined in the General Terms.
- 3.Processing of Personal Data in certain special
cases
3.3.1. EVS has the capability record, video and process Personal Data obtained from
CCTV ("CCTV") in areas where CCTV is installed (including but not limited to office
areas, corridor areas, exit areas, etc.) in accordance with EVS's operational security
requirements and for the Customer in accordance with legal regulations law;
3.3.2. EVS always respects and protects children's Personal data. In addition to
the Personal Data protection measures prescribed by law, prior to processing children's
Personal Data, EVS will verify the child's age and request the consent of (i) the
child and/or (ii) the child's father, mother or guardian as in accordance with the
provisions of law;
3.3.3. In addition to complying with other relevant legal regulations, for the processing
of Personal Data related to Personal Data of people declared missing/deceased, EVS
will have to obtain consent of one of the relevant individuals in accordance with
the provisions of applicable law.
3.4. Transfer and Disclosure of Personal Data
3.4.1. EVS will not sell, exchange, or rent (term or indefinitely) the Data Subject's
personal information without the Data Subject's consent in accordance with the provisions
of applicable law. However, in order to fulfil the purposes and activities of processing
Personal Data in these General Terms, the Personal Data Subject understands and
agrees that EVS may disclose Personal Data to one or more of the following parties:
a) EVS's subsidiaries, including but not limited to subsidiaries, subsidiaries,
joint ventures, affiliates identified by EVS from time to time;
b) EVS's internal employees and departments for the purposes set out in these General
Terms and documents and agreements entered into between Customer and EVS;
c) EVS's consultants, lawyers, advisors, accountants, auditors or clients;
d) The competent authorities in Vietnam or any individuals, regulator or third party
to whom EVS is permitted or required to disclose under the laws of any country,
or under any other documents or agreements between the third party and EVS;
e) Business partners, rewards providers, gift providers, co-branded parties, participants
in or coordinating loyalty programs, advertisers, charities or not-for-profit organizations,
any related organizations for operational purposes, carry out the business
of EVS, the operator of the system, application or equipment or provide Customer
with any products or services selected by the Customer or for the purposes set out
in these General Terms;;
f) Any person or entity involved in exercising or maintaining any rights or obligations
under the Customer/Personal Data Supplier(s) agreement(s) with EVS;
g) Parents, spouses, children and heirs of the Data Subject in case the Data Subject
has died or been declared missing;
h) Third parties to whom Customer consents or EVS have a legal basis for sharing
Personal Data.
3.4.2. EVS considers Personal Data to be private and secure. Other than the parties
stated above, EVS does not disclose Personal Data to any other party, except in
the following cases:
a) The Data Subject's consent.
b) When EVS is required or permitted to disclose by law; or as decided by competent
state agencies;
c) When EVS transfers rights and obligations under the agreement(s) between the
parties concerned and EVS or performs in accordance with the law.
3.5. Overseas transfers of Personal Data
3.5.1. For the purposes of processing Personal Data in these General Terms, EVS
may be required to provide/share Personal Data to relevant EVS third parties who
may be located in Vietnam or anywhere else outside of Vietnam.
3.5.2. When providing/sharing Personal Data to foreign entities, EVS will mandate
that the recipient guarantees the security and protection of the transferred Personal
Data. EVS and recipient guarantee adherence to legal and regulatory requirements
concerning the safeguarding of Personal Data.
3.6. Personal Data Processing methods
Depending on the purposes for which Personal Data is processed, EVS or EVS's data
processors or third parties authorized to process EVS may adopt appropriate processing
practices including but not limited to automated Personal Data processing, manual
or other methods in accordance with the provisions of law and EVS from time to time.
3.7. Personal Data Processing Time
Depending on the specific activity, Personal Data may be processed by EVS
after it has been provided, gathered, and concluded upon the fulfillment of data
processing in accordance with intended objective or until the Personal Data has
been deleted in accordance with regulations (whichever comes later).
3.8. Other contents
Other contents related to the Processing of personal data not expressed in this
General Terms shall apply in accordance with applicable legal documents.
Article 4. Rights and obligations of Data Subjects in relation to Personal Data
provided to EVS
4.1. Data subjects have the following rights: (i) The right to know; (ii) The right
to consent; (iii) The right of access; (iv) The right to withdraw consent; (v) The
right to erasure; (vi) The right to restrict data processing; (vii) The right to
data disclosure; (viii) The right to object to processing; (ix) The right to complain,
denounce or initiate lawsuits; (x) The right to claim damages; (xi) The right to
self-protection; and (xii) other relevant rights as provided by law. The specific
content of the above-mentioned rights shall comply with the provisions of current
law.
4.2. EVS, in reasonable endeavors, will honor a lawful and valid request from the
Data Subject within the statutory time period after receipt of the complete, valid
request and the relevant processing fee (if any) from the Data Subject, subject
to EVS's right to invoke any regulatory exemptions and/or exceptions legislative.
4.3. In the event that the Data Subject withdraws his/her consent, requests deletion,
restriction of data processing and/or exercises other relevant rights with respect
to any or all of his Personal Data, and depending on the nature of the Data Subject's
request, EVS may consider and decide whether to discontinue transactions or
discontinue to provide products and services related to the use of the Customer's
Personal Data/Data Subjects due to the inability to ensure the standard/quality
of the products, services assessed by EVS or as required by law need to collect
relevant Personal Data when providing products or services. Actions performed in
accordance with this provision constitute unilateral termination of the transaction
on the part of the Data Subject/Customer for any relationship with EVS and may result
in a breach of obligations or commitments under the documents, agreement between
the Data Subject/Customer and EVS. When this situation arises, EVS will notify the
Data Subject/Customer of the termination of products and services and the Customer/Data
Subject is solely responsible for any damages incurred in connection therewith.
Customer/Data Subject should be aware that, due to the peculiarities of EVS's operations,
in cases where EVS is legally obligated to retain Personal Data in certain circumstances,
EVS may be unable to fulfill the data deletion request of the relevant Data Subject
if the deletion of the data results in a violation of the law;
4.4. For security purposes, the Data Subject may need to make their request in writing
or use another method to prove and authenticate the identity of the Data Subject.
EVS may require the Data Subject to verify their identity before processing the
Data Subject's request;
4.5. Data subjects are responsible for protecting their own Personal Data, requesting
other relevant organizations and individuals to protect their Personal Data. Simultaneously,
the Data Subject shall respect and protect the Personal Data of others;
4.6. Data subjects fully and accurately provide Personal Data to EVS when entering
into contracts or using services provided by EVS;
4.7. Data subjects implement and comply with the provisions of the law on personal
data protection and participate in preventing and combating violations of regulations
on personal data protection;
4.8. In the event of any change or adjustment of Personal Data, the Data Subject/Personal
Data Provider and/or related parties are responsible for contacting and immediately
notifying EVS so that EVS can promptly update such changes and adjustments. The
data subject/Personal Data Provider and/or related parties shall bear full responsibility
for the delay in this notification; at the same time, the delay in this notification
will exempt EVS from all damages and risks incurred (if any);
4.10. The Data Subject shall promptly notify EVS if it detects or suspects that
Personal Data has been exposed, which may result in risks in the use of products,
services, or any breach of Personal Data protection under these General Terms that
the Data Subject may be aware of;
4.11. The Data Subject understands and agrees that EVS reserves the right to refuse
to comply with the Data Subject's requests in a number of circumstances, including
but not limited to: (i) the Data Subject fails to comply with the order and procedures
instructed by EVS; (ii) The data subject fails to provide or provides insufficient
documents and documents to verify his/her identity; or (iii) where EVS assesses
signs of fraud or violations of Personal Data protection; or (iv) the provisions
of law do not permit the fulfillment of the Data Subject's request;
4.12. The Data Subject acknowledges that, by accepting these General Terms, the
Data Subject has been notified by EVS, is aware of and agrees to all the contents
to be notified before EVS processes the Personal Data, as detailed as set out in
these General Terms. The Data Subject agrees that EVS does
not need to give further notice before processing Personal Data.
Article 5. Risks of Personal Data Disclosure and Safeguards
5.1. The Data Subject agrees that the processing of Personal Data will always involve
potential risks due to system failures, transmission lines, force majeure events,
viruses, network attacks or hardware and software failures, actions and actions
of the Customer/Data Subject or any other third party affecting the provision and
processing of Data personal of the Data Subject… Risks that may arise such as the
Personal Data being exposed or stolen by another party result in such Personal Data
being used for undesirable purposes or beyond the control of EVS and the Data Subject
causing both material and emotional losses.
5.2. EVS considers Personal Data as EVS's most important asset and EVS strives to
ensure confidentiality, safety, legal compliance, and limit potential unwanted consequences
and damages.
5.3. The responsibility for the security of Personal Data is a mandatory requirement
EVS imposes on all employees. EVS carries out its responsibility to protect Personal
Data in accordance with applicable laws with the best security practices as prescribed
by law and regularly reviews and updates its management and technical measures when
processing Personal Data (if any).
Article 6. Retention of Personal Data
6.1. Personal data stored by EVS will be kept confidential. EVS will take reasonable
measures to protect Personal Data when stored at EVS.
6.2. EVS retains Personal Data for as long as necessary to fulfill the purposes
for which the relevant parties have signed with EVS and in accordance with these
General Terms, unless the retention period is longer if required or permitted by
the relevant party(s) and applicable laws.
Article 7. Amendment and supplementation of General Terms
EVS may amend and supplement the contents of these General Terms from time to time
and ensure that such amendments and supplements are in accordance with the relevant
provisions of law. Notice of any amendments will be updated, posted on EVS's website
at https://www.eves.com.vn/security_en/security.html
and/or notified to Data Subjects/Customers or related parties via such means of
communication as EVS deems appropriate.
To the extent permitted by applicable laws, the continued use of EVS's services
and products by the Customer or related parties; or continuing to maintain transactions
or agreements with EVS means that the Data Subject/Customer/related parties agree
to the amendments and supplements of these General Terms without any conditions.
Article 8. Contact information for processing Personal Data
For inquiries regarding EVS's processing of the Data Subject's Personal Data, please
contact us using the information below:
- For Customers: EVS hotline 0243 772 6699
- For candidates, collaborators, employees: Human Resources
Department of EVS
- For other service providers and partners: according to the contact information in relevant
documents and agreements.
Article 9. Consent Terms
9.1. When using any service, product or accessing any EVS website, application or
device or connected to EVS, or establishing a transaction or authorizing EVS to
process Personal Data (either directly or through a third party), the Data Subject/Customer
is deemed to have accepted and without any conditions for the policies referred
to in these General Terms and changes (if any) from time to time.
9.2. These General Terms are an integral part and should be read and understood
in accordance with the contracts, agreements, offers, commitments, registration
for products and services established between the Data Subject/Customer/Personal
Data Provider and EVS. The General Terms shall prevail in the event of any conflict
or inconsistency with the contracts, agreements, offers, undertakings, subscriptions
for products or services governing the relationship of the Data Subject/Customer/Personal
Data Provider with EVS, whether concluded before, on or after the date of the Data
Subject/Customer/Personal Data Provider these General Terms.