DATA PROTECTION POLICY

(OR PRIVACY POLICY)

I. INTRODUCTION

1.   Welcome to the securities trading system (including the website http:/www.phs.vn and the PHS-mobile mobile app) operated by Phu Hung Securities Corporation (hereafter referred to as "PHS", "we", or "ours"). PHS takes seriously its responsibilities regarding information security, personal data protection as stipulated by Vietnamese law (“Privacy Law”) and is committed to respecting the privacy and concerns of all users of the PHS securities trading system (collectively referred to as "PHS Trading System") and the services we provide on the PHS Trading System (collectively referred to as "Services"). We recognize the importance of personal data that you have entrusted to us and believe that we have the responsibility to manage, protect, and process your personal data appropriately.

2.   This Privacy Policy is set up to help you understand how we collect, use, disclose, store, and/or process data that we collect and receive in the process of providing Services or granting access to the PHS Trading System to you, our users, regardless of your role in using our PHS Trading System (be it a visitor or a contract-bound Service user). We will only collect, use, disclose, store, and/or process your personal data in accordance with this Privacy Policy.

      You should read this Privacy Policy along with any other applicable notices that we may provide in specific instances when we collect, use, disclose, and/or process your personal data so that you can fully understand how and why we use your personal data and to help you make informed decisions before providing us with any of your personal data.

3.   By using the Services, registering an account with us, or accessing the PHS Trading System or accepting a similar statement, you acknowledge and agree that you accept the methods, requirements, and/or policies described in this Privacy Policy, and hereby you consent to us collecting, using, disclosing, and/or processing your personal data as described in Section II below. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PHS TRADING SYSTEM OR OUR WEBSITE.

4.   We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be reflected on this page, and significant changes will be notified to you. Your continued use of the Services, access to the PHS Trading System, or use of Services on the PHS Trading System, or explicit agreement to that effect, constitutes your acknowledgment and acceptance of any changes we make to this Privacy Policy. You agree that you have the responsibility to regularly check for any updates or changes to this Privacy Policy.

5.   This Privacy Policy is applied in conjunction with any notices, contractual terms, and acceptance terms applicable to how we collect, store, use, disclose, and/or process your personal data, and is not intended to replace such notices, contractual terms, and acceptance terms unless we explicitly state otherwise.

6.   All of these terms apply to PHS users, regardless of your capacity in participating in the PHS Trading System, unless the term specifically states that it only applies to a certain capacity.

II. PERSONAL DATA COLLECTION

1.   Personal data refers to any information about an individual, whether recorded in physical form or not, and whether truthful or not, from which the individual's identity can be determined (either directly or indirectly), or from that data combined with other data that we have or can access.

2.   In the process of your using the PHS Securities Trading System and providing the Services, we may collect your personal data as follows:

  • Identifying data, such as name, gender, personal image, and date of birth;
  • Contact data, such as permanent address, contact address, billing address, email address, and phone number;
  • Biometric data, such as voice recording files when you use our voice search function, and facial and body features and your own voice and/or the voices of others in your videos/photos when you upload videos/photos to the PHS Securities Trading System;
  • Account data, such as bank account details, account statements, credit card information, and payment information (this account data may be directly collected by affiliates and/or third-party payment service providers);
  • Transaction data, such as trading order and payment information, and other information relating to Services used;
  • Technical data, such as Internet Protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, International Mobile Equipment Identity, device identifiers, IMEI, MAC address, cookies (if applicable) and other technologies on the devices you use to access the PHS Securities Trading System;
  • Profile data, such as your username and password, preferences, choices, feedback, and survey responses;
  • Usage data, such as information about how you use the PHS Securities Trading System, products, and Services or view any content on the PHS Securities Trading System, including the timing of access to the PHS Securities Trading System, items and data searched on the PHS Securities Trading System;
  • Location data, such as you agree to share location when accessing the PHS Securities Trading System or when you take and share your location with us in the form of photos or videos and post that content on the PHS Securities Trading System;
  • Marketing and communication data, such as your preference in receiving marketing, advertising information from us and our third parties and your preferences in communication and your chat, email and call history on the PHS Securities Trading System or with a third party providing customer services; and
  • Additional information we may ask you to provide documents to verify identity (such as copies of personal documents such as passports, ID cards issued by competent authorities) or if we believe you are violating our Privacy Policy or service agreement.

3.   During your use of the PHS Securities Trading System and the Services provided, we may receive your personal data in the following cases:

  • When you access our website (both web and mobile versions);
  • When you create an account with us;
  • When you register to use, or request the use of any Service;
  • When you carry out a transaction on the PHS Securities Trading System;
  • When you activate or use payment-related functions available on the PHS Securities Trading System or provided by third-party service providers;
  • When you use any feature or function on the PHS Securities Trading System or Services;
  • When you use the chat function on the PHS Securities Trading System;
  • When you submit any form, including but not limited to contact forms, consultations, or other forms related to any of our Services, either online or in any other form;
  • When you subscribe to our publications or marketing tools;
  • When you participate in a contest, promotional program, or survey;
  • When you engage in any activity or campaign on the PHS Securities Trading System;
  • When you log into your account on the PHS Securities Trading System or interact with us through other services or applications, such as Facebook or Google;
  • When any other user on the PHS Securities Trading System posts any comments about the content you have uploaded to the PHS Securities Trading System, or when you post any comments about the content other users have uploaded to the PHS Securities Trading System; and
  • When you interact with us directly, including when you interact with our outsourced customer service agents.

4.   We may collect personal data from you, third parties (including but not limited to agents, providers, contractors, partners and anyone else who provides services to us as units collecting your personal information and/or performing functions on our behalf or with whom we cooperate, including but not limited to payment service providers, government data sources, financial service providers, credit organizations, distribution service partners, delivery services, marketing and other services), our affiliates, or the data may be collected automatically when you use the PHS Securities Trading System or Services, as presented in this section. See section XI.2 below for more about computer data collection.

5.   In cases where we collect personal data via third parties and/or our affiliates, we will only collect your personal data when it is permitted by law or related to the purposes for which the third parties and/or our affiliates have proceeded, for the purposes of our cooperation with third parties and/or affiliates or upon request for verification or identification validation. During your use of the PHS Securities Trading System and the services we provide, you agree that you have agreed (whether with us, third parties or our affiliates) to the transfer of your personal data from third parties and/or our affiliates for the purposes stated in this Privacy Policy or any other terms.

6.   You must submit accurate and non-misleading personal data, and you must update and notify us of any changes to the personal data you have provided to us. We reserve the right to request documentation and perform necessary checks to verify the personal data provided by you as part of our user verification process or as required by law.

7.   We will only be able to collect certain categories of personal data if you voluntarily provide that personal data to us or otherwise as provided in this Privacy Policy. If you choose not to provide your personal data to us or subsequently withdraw your consent for us to use your personal data, we may not be able to provide you with certain features or functions on the Services or access to the PHS Securities Trading System.

8.   If you provide us with the personal data of any third party, you warrant and represent that you have obtained consent, authorization, and permission from the third party to share and transfer their personal data to us, and for us to collect, store, use, and disclose that data in accordance with this Privacy Policy.

III. PURPOSES OF COLLECTING DATA

The personal data that we collect (as stipulated in Section II above) from you or through third parties may be used by us for the following purposes:

  • Processing the Services that you request with the PHS Securities Trading System, including:

- To process the securities transactions you make through the PHS Securities Trading System;

- To serve you through the PHS Securities Trading System. We may transfer your information to a third party (for example, our direct regulatory agencies such as the Vietnam Securities Depository Center, Vietnam Stock Exchange, State Securities Commission) to complete your transaction;

- To update you on the transaction processing progress; and

- To verify and execute payment transactions related to your payments and/or Services you use. To verify and execute these payment transactions, payment information, which may include personal data, will be transferred to a third party, such as our payment service provider.

  • Carry out ancillary tasks for your use of Services:

- To assist you in using the Services or accessing the PHS Securities Trading System;

- To manage your account (if any) with us;

- To display your name, username, or profile on the PHS Securities Trading System;

- To support the use of other applications available on the PHS Securities Trading System;

- To answer your inquiries, feedback, complaints, or disputes, whether directly or through our third-party service providers.

- To display on the leaderboard, rankings on the PHS Securities Trading System related to campaigns or any other activities (if any); and

- To evaluate your loan application and/or to assess credit risk for profiles registering for financial services (where applicable).

  • Marketing, Advertising:

- To provide you with information that we believe you may find useful or information you have requested from us (provided you have opted to receive such information);

- To send you marketing or promotional information about third-party sellers' products and services or ours on the PHS Securities Trading System from time to time (provided you have opted to receive such information); and

- To assist us in carrying out marketing and advertising (provided you have agreed).

  • Legal and Operational Purposes

- To verify your identity for fraud detection purposes;

- To compare information, and verify with third parties to ensure accuracy of information;

- To process any complaints, feedback, legal enforcement actions, and requests for content removal related to any content you have uploaded to the PHS Securities Trading System;

- To compile statistics and conduct research for internal reporting requirements and legal and/or record-keeping obligations;

- To store, retain on servers, and back up your personal data;

- To prevent or investigate any actual or suspected violations of our Privacy Policy, fraud, illegal activities, misconduct, or wrongful behavior, whether related to your use of our Services or any other issues arising from your relationship with us; 

- To perform audit checks;

- To comply with legal requirements and regulatory authorities' requests (including, where applicable, disclosing your name, contact information, and company information), including any legal enforcement requests related to any legal proceedings or where we deem necessary; and

- In case of necessity, to prevent threats to life, health, or safety.

  • Analysis, research, business operations, and development:

- To understand user experiences with the Services and the PHS trading system;

- To improve the layout or content of pages within the PHS trading system and customize them for users;

- To identify visitor patterns within the PHS trading system;

- To conduct surveys, including conducting demographic and behavioral research of our users;

- To enhance our current technologies (e.g., voice recognition technology, etc.) through machine learning and other means;

- To collect additional attributes related to you based on the personal data you provide (whether to us or to third parties) in order to provide you with more targeted and/or relevant information;

- To conduct data analysis, testing, and research, monitoring and analyzing usage and activities trends;

- To develop and enhance our products and services; and

- To gain a better understanding you.

  • Other purposes:

- Any other purposes for which you have given your consent; and

- To carry out appropriate automated decision-making processes in accordance with any of the purposes mentioned above.

IV. DATA USAGE SCOPE

The personal data we collect will be used domestically or transferred abroad to serve the purposes stated in this Privacy Policy.

V. DATA RETENTION PERIOD

We will store personal data in accordance with the regulations of laws pertaining to the protection of personal information, personal data, and/or other applicable laws. This means that we will delete or remove identifiable information from your personal data when we have a legitimate reason to determine that: (i) the retention of that personal data no longer serves the purpose for which it was collected; (ii) the retention is no longer necessary for any legitimate or business purpose; (iii) there are no other legitimate interests to continue retaining such personal data; and (iv) the retention period has expired according to the provisions of the Privacy Law or other relevant laws at different times. If you cease using our PHS Securities Trading System or your rights to use the PHS Securities Trading System and/or Services are terminated or cancelled, we will delete or remove your personal data (except as provided in point (iv) of this section). However, in certain specific cases, we may continue to store, use, and/or disclose your personal data in accordance with this Privacy Policy and our obligations under the laws governing the protection of personal information. Depending on legal requirements, we may also securely dispose of your personal data without prior notice to you.

VI. PARTIES OR ORGANIZATIONS THAT MAY HAVE ACCESS TO THE DATA

1.   The legal entities responsible for controlling and processing your personal data are Phu Hung Securities Corporation or affiliated companies designated by us.

2.   We may share (or allow sharing) your personal data and/or transfer your personal data to third parties and/or our affiliates for the purposes stated in this Privacy Policy. Third parties and affiliates may be located within or outside Vietnam, including but not limited to:

  • Service providers (e.g., agents, vendors, contractors, and partners in areas such as payment services, transportation and delivery services, marketing, data analysis or customer survey research, social media, customer service, installation services, information technology, and web hosting services, etc.);
  • Service providers and their related companies.

3.   When disclosing your personal data to third parties, we ensure that such third parties and our affiliates will protect your personal data from unauthorized access, collection, use, disclosure, or unauthorized processing of data information or similar risks and will only retain your personal data for the necessary period to achieve the purposes mentioned above.

4.   We may also share personal data related to any purchasing, merging, or acquisition transactions in our business operations, provided that we comply with the regulations of the current data protection law when disclosing your personal data.

5.   We may transfer or allow the transfer of your personal data outside of Vietnam for any purposes specified in this Privacy Policy. However, we will not transfer or allow the transfer of any of your personal data outside of Vietnam unless such transfer of personal data complies with the provisions of the current applicable laws.

6.   We may share your personal data with third-party service providers or our affiliates (e.g., payment service providers) to provide services to you beyond the services you use on the PHS Securities Trading System or our Services. Your agreement and use of services provided by third-party service providers or our affiliates will comply with the terms and conditions agreed upon between you and the third-party service provider or our affiliate. When you agree to the provision of services by third-party service providers or our affiliates, the collection, use, disclosure, storage, transfer, and processing of your personal data (including your personal data and any data disclosed by us to the third-party service provider or affiliate) shall be subject to the current privacy policy of the third-party service provider or our affiliate, and these entities will be the data controllers for the data provided. You agree that any questions or complaints related to your agreement and use of services provided by third-party service providers or our affiliates will be directed to the entity named in the current privacy policy.

VII. CONTACT INFORMATION FOR THE ENTITY COLLECTING AND MANAGING DATA

If you have any questions regarding the protection of personal data, data privacy rights, or any complaints regarding this Privacy Policy or how we handle your personal data, please contact us through our online chat function or using the following contact information:

PHU HUNG SECURITIES CORPORATION

  • Address                 : 21st Floor, Phu My Hung Tower, 08 Hoang Van Thai, Tan Phu Ward, District 7, HCMC
  • Phone number       : 1900 25 23 58
  • Email                     : support@phs.vn

VIII. METHODS AND TOOLS FOR ACCESSING AND MODIFYING PERSONAL DATA ON PHS TRADING SYSTEM

1.   To continue using the PHS securities trading system and for us to provide the Services, it is important that the personal data you provide to us is accurate and complete. You are responsible for informing us of any changes to your personal data or if you believe that the personal data we have collected about you is inaccurate, incomplete, misleading, or not up to date.

2.   You can update your personal data at any time by accessing your account on the PHS securities trading system.

3.   We will take steps to share updates of your personal data with third parties and our affiliates if your personal data is still necessary for the purposes specified above.

4.   You have the right to request information about the personal data we have collected about you or inquire about how your personal data may have been used, disclosed, stored, or processed through the personal account information settings on our PHS trading system or by contacting us using the contact information provided above. You may also request corrections of any errors or omissions in your personal data that we have collected in a similar manner. To assist in processing your request, we may need to request additional information from you. In cases where permitted by applicable data protection laws, we may refuse to comply with your modification requests if they are difficult to implement or unreasonable.

5.   Where permitted by current data protection laws, we reserve the right to charge a reasonable administrative fee for accessing your personal data records. In such cases, we will inform you of the fee before processing your request.

IX. DATA SECURITY MEASURES

1.   To protect your personal data from unlawful activities such as unauthorized access, collection, use, disclosure, processing, copying, alteration, arrangement, loss, misuse, or similar risks, we have implemented the following administrative, technical, and physical security measures:

  • Limiting access to personal data for individuals who request access;
  • Implementing a firewall system;
  • Utilizing encryption technology when processing your financial information; and/or
  • Implementing other security measures as required by applicable laws.

2.   However, it is important to understand that no transmission method over the Internet or electronic storage method is 100% secure. While we strive to protect the security of your information, absolute security cannot be guaranteed. We continuously review and enhance our information security measures.

3.   The PHS securities trading system may contain links to other websites operated by third parties, such as business partners, vendors, or payment gateways. We are not responsible for the security practices of these third-party websites. You should exercise caution and review the current privacy policies of these websites to understand how they handle the information they collect from you.

X. DISPUTE RESOLUTION AND COMPLAINTS

  1. If you suspect that your personal data has been used for purposes other than those stated or beyond the scope of the disclosed usage, you can submit your queries or complaints regarding how we handle your personal data through our online chat function or using the contact information provided in Section VII.
  2. Our data protection officer will receive your complaints, and depending on the nature and severity of your concerns, we will take specific measures to address and resolve your queries or complaints.

XI. OTHER PROVISIONS

1.   Withdrawal of Consent for Continued Use, Disclosure, Storage, and/or Processing of Personal Data:

  • You may notify us of your withdrawal of consent for the continued use, disclosure, storage, and/or processing of your personal data by contacting us using the contact information provided in Section VII, subject to any conditions and/or limitations imposed by applicable laws or regulations.
  • Please note that if you withdraw your consent for us to use, disclose, store, or process your personal data for the purposes and in the manner described above, or exercise any other rights you may have under applicable laws, we may no longer be able to provide you with the Services or perform any contracts we have entered into with you, and we shall not be liable in the event that we cease to provide the Services or perform our contracts with you. Our legal rights and remedies shall be expressly reserved in such cases.
  • You may unsubscribe from marketing and advertising communications at any time by using the unsubscribe function in the electronic marketing materials when receiving such marketing content.

2.   Collection of Computer Data:

  • We or our authorized service providers may use cookies, web beacons, and similar technologies in connection with your use of the Services or access to the Phu Hung Securities trading system.
  • This data is collected for analysis and evaluation to help us improve our website, services, and products, as well as personalize content to better suit your preferences. The data is also collected to make the Services and the Phu Hung Securities trading system more convenient and useful for you, as well as provide more relevant advertising related to market products, services, and features for you.
  • Cookies are small text files (typically consisting of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a specific device or browser. Beacon files are small graphic images that can be embedded in our Services and the Phu Hung Securities trading system. They allow us to count users who have viewed these pages so that we can have a better understanding of your interests and priorities. 
  • You can manage and delete cookies through your browser or device settings. However, certain cookies are necessary to enable basic functionality, so please note that changing and deleting cookies may impact the available features on the Phu Hung Securities trading system or through our Services.

3.   This Privacy Policy is effective from July 07th, 2023 until revised or amended policies are implemented.