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GENERAL TERMS AND CONDITIONS ON PROTECTION AND PROCESSING OF PERSONAL DATA

The General Terms and Conditions on the protection and processing of personal data (hereinafter referred to as “BVXLDLCN”) govern the manner in which BIDV Securities Joint Stock Company (“BSC”) collects and processes Personal Data of the Data Subject in the process of directly or indirectly establishing a relationship, using, and interacting with BSC's products and services. BSC encourages Data Subject to read these contents carefully and check back regularly to update any changes that BSC may make in accordance with the law and/or BSC's policies from time to time. The Data Subject agrees to apply, coordinate and commit to comply with BSC's General Terms and Conditions of BVXLDLCN.

BSC values and respects the privacy, confidentiality and security of Personal Data. At the same time, BSC always strives to protect Personal Data, privacy of Data Subject (including related parties of Data Subject) and comply with Vietnamese law through protection measures of Personal Data to meet and comply with promulgated regulations.

Article 1. General provisions

1.1. The General Terms and Conditions of BVXLDLCN are an integral part and must be read and understood in accordance with the contracts, agreements, terms, conditions and other documents established between Data Subject and BSC.

1.2. The General Terms and Conditions of BVXLDLCN may be updated, modified, supplemented or replaced by BSC from time to time and posted by BSC on BSC's official website and/or notified to Data Subject through other suitable means of BSC.

1.3. BSC only collects, processes and stores Personal Data of Data Subject in accordance with the law and the purpose of providing services to Data Subject and implementing contracts and agreements, documents entered into between BSC and Data Subject or between BSC and the party(ies) related to the Data Subject.

1.4. By registering to use, using BSC's products and services, entering into a contract and/or allowing BSC to process Personal Data, the Data Subject fully accepts without any conditions attached for the policies mentioned in the General Terms and Conditions of BVXLDLCN and changes (if any) from time to time.

1.5. Depend on the role of BSC in each specific situation: (i) Personal Data Controller; (ii) Personal Data Processor; or (iii) the Data Controller and Processor, BSC will exercise the respective powers, responsibilities and principles for processing Personal Data in accordance with current laws.

1.6. The Data Subject understands and agrees that their Personal Data being provided to BSC (including and not limited to information BSC has obtained before, during and after acceptance of the General Terms and Conditions of BVXLDLCN) is the Data Subjects’ full consent to BSC's use the Personal Data from the time of receipt by BSC until requested by the Data Subjects to terminate the processing in accordance with the law.

1.7. When providing Personal Data of the third party (including but not limited to information of dependents, legally related persons, spouses, children and/or parents and/or guardians, friends, beneficiaries, authorized persons, partners, emergency contact persons or other individual of the Data Subject) to BSC, the Data Subject represents and warrants and takes responsibility for the completeness and legality of such third party’s information for BSC to process the Personal Data for the purposes under the General Terms and Conditions of BVXLDLCN. The Data Subject agrees that BSC is not responsible for verifying the legality or validity of this consent/acceptance. The storing evidence regarding to legality of such consent is the responsibility of the Data Subject. BSC is exempted from liability and compensated for damages and related expenses when the Data Subject does not comply with the provisions in this Clause.

Article 2. Explanation of terms

2.1. “Personal Data” means information in the form of symbols, letters, numbers, images, sounds or equivalences on an electronic medium that is associated with a particular person or helps to identify a particular person and is specified in Clause 2.2 of this Article.

Personal Data includes Basic Personal Data and Sensitive Personal Data.

2.2 “Basic Personal Data” includes:

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

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

c) Gender;

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

e) Nationality;

f) Personal image;

g) Phone number, identity card number, personal identification number, passport number, driver’s license number, license plate number, personal tax identification number, social insurance number, health insurance card number;

h) Marital status;

i) Information about family relationships (parents, children);

j) Information about the individual’s digital account; personal data reflecting activities, history of activities in cyberspace;

k) Other information associated with a specific person or helping to identify a particular person that is not subject to Sensitive Personal Data.

2.3 “Sensitive Personal Data” is personal data associated with an individual privacy which, when violated, will directly affect an individual legitimate rights and interests, including:

a) Political views, religious views;

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

c) Information related to racial or ethnic origin;

d) Information about inherited or acquired genetic characteristics of the individual;

e) Information about the individual's physical attributes and biological characteristics;

f) Information about an individual's sex life and sexual orientation;

g) Data on crimes and offenses collected and archived by law enforcement agencies;

h) Information on customers of credit institutions, foreign bank branches, payment intermediary 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 intermediary service providers;

i) Personal location data identified through location services;

j) Other Personal Data required by law is specific and requires necessary security measures.

2.4. “Personal data processing” means one or multiple activities that impact on Personal Data, such as collection, recording, analysis, confirmation, storage, correction, disclosure, combination, access, retrieval, recovery, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction of Personal Data or other related activities.

2.5. “Data Subject” means the individual(s) to whom the Personal Data reflects and their personal data is shared with BSC, including but not limited to clients, employees, collaborators, shareholders of BSC, individuals who are belonged to organizations which has established partnership with BSC or any other individuals whose Personal Data is processed by BSC..

2.6. “BSC” is BIDV Securities Joint Stock Company, including headquarter and branch of BSC.

2.7. “Third-party” means an organization or individual other than BSC and the Data Subject.

For clarification, any words that are not explained in General Terms and Conditions of BVXLDLCN shall be explained in accordance with Vietnamese law.

Article 3. Personal Data Processing Activities

3.1. Collection of Personal Data

BSC may need and/or be compelled to collect and process Personal Data and/or need to transfer to third parties who process the Personal Data, including: (i) Basic Personal Data and (ii) Sensitive Personal Data regarding to Data Subject to provide products and services under contracts, agreements and documents between BSC and Data Subject and relevant parties.

3.2. Measures and methods of collection

BSC may directly or indirectly collect the Data Subject’s Personal Data during providing any its products or services, and from one or several sources specified below, including but not limited to:

a) Through the relationship between the Data Subject and BSC, including but not limited to the information that the Data Subject provides in registration documents and/or transaction support documents when using the BSC’s products and services and participating in surveys, contests and promotions for Data Subjects;

b) From the data information system provided from the Depository Bank; Payment Bank involved in BSC’s business;

c) Through verbal and written communication between Data Subject and BSC and/or individuals/organizations authorized by BSC;

d) From service providers, partners, consultants of BSC, including but not limited to: surveyor, social media, marketing, fraud prevention, data aggregation; infrastructure and technology support parties, and other third parties related to BSC's business;

e) From third-party having a relationship with the Data Subject, including but not limited to employer, account co-holder, credit grantor, security provider, co-partner, co-manager and co-shareholder;

f) From any credit reporting provider, credit information provider, credit scorer and government agency, or information obtained from any publicly available source, instructions, or any registration authority;

g) From the State Securities Commission or competent agencies in Vietnam or abroad;

h) Through files created by the website visited by the Data Subject or similar monitoring devices/tools;

i) From third parties’ data source which agreed by Data Subject for collection of data, or the source is in accordance with the provisions of law.

3.3. Processing purpose

a) Depend on the relationship between the Data Subject and BSC, BSC uses the Personal Data which is collected for the following purposes:

i. Enter into, establish contracts, evaluate and provide BSC products and services to Data Subject:

- Identify and verify the accuracy and completeness of the Personal Data which is provided; determine or authenticate the identity of the Data Subject; verify and conduct anti-money laundering and other checks with Data Subject as required;

- Evaluate legal documents, financial capacity and satisfaction conditions of Data Subject for products and services proposed or provided by BSC;

- Provide products and services deployed by BSC (including but not limited to products that third-party coordinate with BSC to implement in accordance with the law);

- Contact to exchange information, provide documents or other documents related to transactions and use of products and services at BSC;

- Fulfill obligations under contracts, agreements and related documents signed by BSC and Data Subject or relevant Third Parties to carry out BSC's business;

- Take care of customer, resolve complaints and lawsuits from Data Subject;

- Contact Data Subject and directly or indirectly market products and services to Data Subject, implement promotional programs, exchange gifts, award prizes, and deliver gifts.

ii. Understand the using demands of Data Subject to use to research and improve the diversity and quality of services, products, and remuneration provided to Data Subject:

- Understand the financial status and investment needs of the Data Subject;

- Improve, enhance personalization and personalization of BSC's products and services provided to Data Subject including but not limited to online services and develop new products and services;

- Carry out market research, do the surveys and analyze data regarding to any products and services provided by BSC to enhance the quality of products and services provided to Data Subject (whether performed by BSC or another third party with which BSC cooperates) that may be related to the Data Subject.

- Notify information about obligations, rights, changes in features, improvements and enhancements to utilities and quality of products and services;

- Advertise and publish notification about products, services, promotional programs, research, surveys, news, updates, events, contests with prizes, awarding of relevant rewards, related communication and introduction activities about BSC's services and products to enhance client service experience and the services of other partners that cooperate with BSC.

iii. Carry out reports and do the risk management in compliance with BSC’s internal regulations and the law:

- Prepare reports, activity reports or other related reports to perform risk assessment and management in compliance with BSC’s internal regulations and legal regulations; carry out auditing and financial, accounting and tax obligations;

- Respond and comply with BSC’s internal policies, procedures and rules, regulations, instructions, directives or requirements, laws issued by the Competent state agencies;

- Evaluate any proposal regarding rights, benefits or obligations under the contract(s) between the Data Subject and the Third Party with BSC;

- Provide to service providers/partners of BSC to perform services for Data Subject and/or BSC;

- Any purpose described to the Data Subject at the time of collection of Personal Data.

iv. Comply with the provisions of law and international treaties to which Vietnam is a member:

- To provide to competent state agencies according to the provisions of law;

- To carry out obligations under the provisions of law, international treaties that BSC must comply with and requirements of competent State agencies;

- To create data, reports and statistics based on requests from the State Securities Commission or competent authorities according to the provisions of law.

v. Prevent and fight the crime:

- To assess risks, analyze trends, make statistics and plans, including analyzing and processing statistical data, preventing money laundering, terrorist financing, and financing the proliferation of weapons of mass destruction; evaluate and maintain data on the Data Subject's transaction history;

- To detect, prevent and investigate crimes, attacks or violations including fraud, money laundering, terrorist financing, financing of proliferation of weapons of mass destruction, bribery, corruption or evasion tax.

vi. Guarantee the legitimate rights and interests of BSC and the social community:

- Protect the legitimate interests of BSC and comply with relevant laws, including and without limitation to collect fees, charges and/or to recover any debts, or handle any disputes, complaints, grievance procedures or under any agreement between the Data Subject and BSC;

- To carry out responsibility to the community and society.

vii. Investigate or discover unauthorized use, illegal use or abuse of BSC services, systems or other materials.

In case of processing Personal Data for purposes other than those mentioned above, BSC will only do in accordance with the agreement with the Data Subject or agreed by Data Subject.

3.4. Method processing of Personal Data:

Depend on the purpose of processing Personal Data, BSC or BSC's data processor or third parties authorized to process data for BSC may apply appropriate processing methods including but not limited to automatic and manual Personal Data processing methods or others in accordance with the provisions of law and BSC from time to time.

3.5. Processing time of Personal Data:

Depend on each specific situation, Personal Data may be processed by BSC be provided, collected and terminated when data processing is completed in accordance with the purpose of implementation or until the Personal Data is deleted in accordance with the regulations.

3.6. Transfer and Disclosure of Personal Data

a) BSC will not transfer, exchange, or lease (for a limited time or indefinitely) the Data Subject's personal information without the Data Subject's consent in accordance with current law. However, in order to carry out the purposes of processing activities of Personal Data in the Terms and Conditions of BVXLDLCN, the Data Subject agrees that BSC may disclose their Personal Data or Personal Data of the regarding parties to one or more of the following parties:

i. Employees and internal departments of BSC for the purposes stated in the Terms and Conditions of BVXLDLCN and contracts and agreements signed between Data Subject and BSC.

ii. Competent state agencies in Vietnam or any individual or regulatory agency (including but not limited to the State Securities Commission, Vietnam Securities Depository and Clearing Corporation, Stock Exchanges, Tax authorities...) or third parties to whom BSC is permitted or required to disclose according to the laws of any country, any other contract/agreement or commitment between the third party and BSC;

iii. Business partners, suppliers, system, application or device operators, parties participating in or coordinating loyalty programs, advertisers, or any other relevant organization to carry out the purposes stated in the Terms and Conditions of BVXLDLCN;

iv. Any individual or organization authorized by the Data Subject or involved in exercising or maintaining any right or obligation under the agreement(s) between the Data Subject and BSC;

v. Third parties with whom the Customer consents or with whom BSC has a legal basis to share the Data Subject's Personal Data.

vi. Other relevant parties that BSC considers necessary to meet and protect the legitimate rights and interests of the Data Subject.

b) BSC will consider Data Subject's Personal Data as private and confidential, and protect the Data Subject's Personal Data according to regulations. BSC only transfers and discloses Personal Data to the parties as stated above and for the purposes stated in the Terms and Conditions of BVXLDLCN.

3.7. Notice of Processing of Personal Data

By accepting the General terms and Conditions of BVXLDLCN, the Data Subject confirms that the has been notified by BSC and has known and agreed with all necessary information under the General Terms and Conditions of BVXLDLCN before BSC processes Personal Data. The Data Subject agrees that BSC does not notify Personal Data again when applied this provision.

Article 4. Transfer of Personal Data abroad

4.1. In order to fulfill the purpose of processing Personal Data in the Terms and Conditions of BVXLDLCN, BSC may have to provide/share Personal Data of Data Subjects to relevant third parties of BSC and such third parties may be in Vietnam or anywhere outside the territory of Vietnam.

4.2. The Data Subject's information and/or Personal Data may be transferred abroad, stored or processed outside the Data Subject's country for one or more purposes. BSC will only transfer Data Subject's Personal Data abroad in accordance with legal regulations on protection of personal data. When providing/sharing Personal Data abroad, BSC will require the receiving party to ensure that the Data Subject's Personal Data is kept confidential and secure. BSC and the recipient ensure compliance with legal and regulatory obligations regarding the protection of Data Subject's Personal Data.

Article 5. Rights and obligations of Data Subject related to Personal Data provided to BSC

5.1. Data Subject has the following rights and BSC respects and protects such rights: (i) Right to know; (ii) Right to consent; (iii) Right of access; (iv) Right to withdraw consent; (v) Right to data deletion; (vi) Right to restrict data processing; (vii) Right to provide data; (viii) Right to object to data processing; (ix) Right to complain, denounce and sue; (x) Right to claim compensation for damages; (xi) Right to self-defense and other related rights as prescribed by law. Data Subject can exercise their rights by contacting BSC according to the information provided in detail in Article 9 the General Terms and Conditions of BVXLDLCN.

5.2. The consent of Data Subject:

a) BSC has the right to process personal data without the consent of the Data Subject under the Article 17 of Decree 13/2023/ND-CP and its amending and supplementing documents (if any), including but not limited to: (i) Protect the life and health of the data subject or others in an emergency situation; (ii) Disclosure of personal data as prescribed by law; (iii) Follow the purposes, content, scope of work, and obligations of the parties specified in the documents, contracts, and agreements signed between BSC and the Data Subject; or (iv) Serve the operations by state agencies as prescribed by specialized laws.

b) For other cases, the Data Subject's consent is expressed through one of the following methods: directly written confirmation; or by electronic consent methods such as: using electronic signature/checking the consent box/consent syntax via text message or actions showing confirmation/acceptance/agreement on an interactive screen /one-time password/OTP authentication via SMS sent to the phone number provided by the Customer or other actions according to the service and product usage policy which could be updated and changed from time to time by BSC.

In case the Data Subject does not comply with the above consent methods but continues to use any service, product or access any website, application or device of BSC or connected to BSC which is considered to be the Data Subject's confirmation of agreement and full acceptance of the General BVXLDLCN Terms and Conditions.

c) The data subject has the right to choose to give partial or complete consent for the purposes specified in Clause 3.3, Article 3 above. In the event that the Data Subject chooses to partially agree or not to accept the General Terms and Conditions of BVXLDLCN or withdraw the consent, case by case BSC may: (i) not meet part or all of the Data Subject's demand to use services and products; or (ii) BSC will have to terminate the providing of services and products to Data Subject due to the inability to ensure the standards/quality of products and services according to BSC's assessment or regulations of the law; or (iii) Data Subject may experience interruptions or loss of connection when accessing the electronic news sites, applications or devices of or connected to BSC. In this case, BSC will notify the Data Subject of the decision not to provide the product or service clearly stating the reason. Any damage arising to the Data Subject and BSC (if any) will be the sole responsibility of the Data Subject.

d) The Data Subject understands their Personal Data will be collected and processed by BSC for one or more purposes stated in Clause 3.3, Article 3 of the General Terms and Conditions of BVXLDLCN.

5.3. With the reasonable efforts, BSC will comply with a lawful and valid request from a Data Subject within the statutory period from receipt of a complete and valid request and the associated processing fee (if any) from the Data Subject, subject to BSC's right to invoke any exemptions and/or exceptions under the law.

5.4. The Data Subject is responsible for protecting their Personal Data and requesting relevant others protect such Personal Data. At the same time, the Data Subject will respect and protect the Personal Data of others.

5.5. Provide complete and accurate Personal Data to BSC when entering a contract or using services provided by BSC.

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

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

Article 6. Risks of Personal Data Disclosure and Protection Measures

6.1. Data Subject acknowledges that providing and agreeing for BSC to use Personal Data will always pose risks due to system errors, transmission lines, force majeure events, viruses, cyber-attacks or hardware and software errors, actions and operations of the Data Subject or any other third party affecting the provision and processing of the Data Subject's Personal Data, etc. Risks may arise such as the Data Subject's Personal Data being exposed or stolen by another party leading to unexpected purposes or beyond the control of BSC and the Data Subject which causes huge damages.

BSC recognizes the importance and responsibility of protecting Personal Data. BSC will apply appropriate protection measures according to current laws and regularly review and update technical measures to ensure safety in the processing of Personal Data. BSC also commits to making maximum efforts to prevent risks and limit unwanted consequences and damages that may occur and protect legitimate rights and interests of the Data Subject and BSC.

6.2. In addition to the individuals assigned responsibility for managing Personal Data and the Information Technology System established BSC customer information security features, the Data Subject or the Person duly authorized by the Data Subject is the only one has right to access to their personal information. The Data Subject's account (if any) is protected by password and authentication measures to prevent unauthorized access. The Data Subject is solely responsible for keeping the password and/or information about any login account confidential. Therefore, Data Subject must be careful and responsible with their activities in cyberspace. BSC recommends that Data Subject should not disclose password information to anyone. In any case, BSC will not be responsible for risks arising due to faults of the Data Subject.

6.3. BSC considers the Personal Data of Data Subjects to be the most important asset of BSC and BSC always strives to ensure confidentiality, safety, compliance with the law and limit unexpected consequences and damages.

6.4. Confidentiality responsibility for Personal Data is a mandatory requirement for all employees of BSC. BSC carries out its responsibility to protect Personal Data in accordance with current laws with the best security methods according to the law and regularly reviews and updates management and technical measures when processing of Personal Data of the Data Subject (if any).

Article 7. Storage of Personal Data

7.1. The Data Subject's Personal Data stored by BSC will be kept confidential. BSC will take reasonable measures to protect the Data Subject's Personal Data when stored at BSC.

7.2. BSC stores the Data Subject's Personal Data for the period necessary to fulfill the purposes according to the agreements, contracts, documents that the relevant parties have signed with BSC and the Terms and Conditions of BVXLDLCN, unless the retention period of Personal Data is longer if required or permitted by the Data Subject and required under applicable legal regulations.

7.3. Data Subjects should pay attention, due to the specific characteristics of securities business activities and legal regulations BSC must store Data Subject information in certain cases where BSC may not be able to respond to the data deletion/destruction request of the relevant Data Subject if the data deletion/destruction would result in a violation of the law.

Article 8. Amendment

8.1. BSC may amend, update or adjust the provisions of the General Terms and Conditions of BVXLDLCN from time to time and ensure that the amendments and supplements are in accordance with relevant provisions of law. Notice of any amendments, updates or adjustments will be updated and posted on BSC's website at https://www.bsc.com.vn/and/or BSC shall notify the Data Subject through other appropriate communication methods of BSC.

8.2. To the extent permitted by applicable law, the Data Subject or relevant parties' continued use of the services and products of BSC or the provision of services/products to BSC means that the Data Subject/relevant parties agree(s) to the updated provisions of the General Terms and Conditions of BVXLDLCN.

8.3. General Terms and Conditions of BVXLDLCN made into 02 (two) originals in Vietnamese and/or English with equal validity. In case there is a conflict between the Vietnamese and English content, the Vietnamese content shall prevail.

Article 9. Contact information for processing Personal Data

In case the Data Subject has any concerns or questions related to the General Terms and Conditions of BVXLDLCN or matters related to the rights of Data Subject or the processing of Personal Data of Data Subject, please contact us as follows: below for specific answers and instructions as follows:

Hotline: (024) 3926 4660/ (028) 3821 8889

Email: services@bsc.com.vn

Website: https://www.bsc.com.vn/

Head office address: 8th and 9th floors, Thaiholdings Building, 210 Tran Quang Khai, Trang Tien Ward, Hoan Kiem District, Hanoi City

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