Privacy Policy 

Key contents of the Privacy Policy:
VinaCapital Group (hereinafter referred to as “VinaCapital” or the “Company”) respects the privacy rights of individuals and is committed to protecting your personal data in accordance with the laws of Vietnam and VinaCapital’s stringent internal requirements.

This “Customer Personal Data Protection Policy” (the “Policy”) is issued by VinaCapital and applies to all individuals and organizations that interact with VinaCapital, including investors, prospective clients, current clients, personnel of institutional clients or investors, employees and staff of VinaCapital, vendors, visitors to VinaCapital’s websites, as well as individuals who have used or are currently using VinaCapital’s products and services (collectively referred to as “you” or “the Client”).

This Policy is effective from July 1, 2023, and remains in force until further notice.

1. Definitions and Abbreviations 

The defined terms in this Policy are capitalized and explained in the table below: 

“Personal Data Protection” - Personal Data Protection refers to activities aimed at preventing, detecting, deterring, and addressing violations related to personal data in accordance with applicable laws and regulations. 

“Personal Data” - “Personal Data” refers to information presented in the form of symbols, letters, numbers, images, audio, or similar formats in electronic environments that is associated with or can be used to identify a specific individual. Personal Data includes both Basic Personal Data and Sensitive Personal Data (as defined below).  

“Basic Personal Data” - Refer to the definition in Section 4.1 below. 

“Sensitive Personal Data” - Refer to the definition in Section 4.2 below. 

“Fund” - “Fund” refers to investment funds managed and licensed by VinaCapital.

“VinaCapital” - As used in this Policy ,“VinaCapital” refers to VinaCapital Group Ltd., its subsidiaries, affiliates, the Funds managed by VinaCapital, as well as the products and services provided by VinaCapital. 

“Processing of Personal Data ” - Processing of Personal Data includes one or more activities involving Personal Data, such as: collecting, recording, analyzing, verifying, storing, modifying, disclosing, combining, accessing, retrieving, retrieving, encrypting, decrypting, copying, sharing, transmitting, providing, transferring, deleting, destroying, or other relevant actions. 

2. INTRODUCTION

VinaCapital Group (hereinafter referred to as “VinaCapital”) respects your privacy and is fully committed to protecting your Personal Data in accordance with the laws of Vietnam, as well as VinaCapital’s strict internal standards.

VinaCapital will collect, use, store, and process your Personal Data only in compliance with applicable legal regulations (including Decree No. 13/2023/ND-CP dated April 17, 2023 on the protection of personal data, and any amendments, supplements, or replacements thereto from time to time), this Policy, and any contract, agreement, or other commitment (if applicable) entered into between you and VinaCapital. 

3. SCOPE OF APPLICATION

This “Customer Personal Data Protection Policy” sets out the types of Personal Data collected and processed by VinaCapital, the purposes for processing such data, the methods of processing, the parties with whom data may be shared, data retention policies, your rights and obligations regarding your Personal Data, and other relevant matters.

By registering for or using any products or services provided by VinaCapital and/or by permitting VinaCapital to process your Personal Data, you voluntarily consent to all provisions contained in this Policy.

If you provide VinaCapital with the Personal Data of a third party (such as your dependents, spouse, children, parents, siblings, beneficiaries, authorized persons, legal guardians, partners, emergency contacts, or any other individual), you represent and warrant that you have obtained the necessary consent and authorization from such third party in accordance with applicable laws for the processing of their Personal Data (including but not limited to its collection, use, and disclosure) by VinaCapital. You are also responsible for informing the third party that VinaCapital is the data processor for the purposes outlined in this Policy. 

4. Types of Personal Data Processed 

To serve the purposes of contract execution, business and investment activities, reporting, fulfilling contractual obligations, resolving entitlements of Clients, individual investors, and employees, as well as complying with VinaCapital’s obligations to competent state authorities, VinaCapital (including its data processors or third parties, depending on each specific purpose) may be required to process your Personal Data (including collecting, recording, analyzing, verifying, storing, modifying, using, disclosing, combining, accessing, retrieving, recovering, encrypting, decrypting, copying, sharing, transmitting, providing, transferring, deleting, destroying, or otherwise handling personal data). The Personal Data processed may include, as the case may be, Basic Personal Data and/or Sensitive Personal Data. 

4.1. BASIC PERSONAL DATA

a) Full name, including given name, middle name, family name, and any other aliases (if applicable);

b) Date of birth ;

c) Gender;

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

e) Nationality ;

f) Individual’s photograph or image;

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

h) Marital status;

i) Information about family relationships (e.g., parents, children;

j) Personal account information; data reflecting personal activity or activity history in cyberspace;

k) Any other information associated with or that helps identify a specific individual, not categorized as Sensitive Personal Data under Section 4.2 below.

4.2. SENSITIVE PERSONAL DATA

Sensitive Personal Data refers to personal information that is inherently private and, if infringed upon, may directly affect the lawful rights and interests of the individual. This includes: 

a) Political and religious beliefs or views;

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

c) Information relating to racial or ethnic origin;

d) Information concerning inherited or acquired genetic characteristics;

e) Information regarding physical attributes and unique biometric characteristics of the individual;

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

g) Criminal records or information on criminal acts collected and stored by law enforcement authorities;

h) Customer information held by credit institutions, foreign bank branches, intermediary payment service providers, and other authorized organizations, including: customer identification data as required by law, account information, deposit details, asset custody information, transaction data, and information on individuals or organizations serving as collateral providers to such institutions;

i) Location data of individuals as determined through positioning services;

j) Other types of personal data deemed sensitive by applicable laws and requiring special protection measures.

Depending on the specific context, VinaCapital may act in one or more of the following roles:

(i) Personal Data Controller; and/or

(ii) Personal Data Processor; and/or

(iii) Both Controller and Processor of Personal Data.

VinaCapital will carry out its respective rights and responsibilities in accordance with applicable legal regulations. 

5. PURPOSES OF PERSONAL DATA PROCESSING

VinaCapital may process your Personal Data for one or more of the following purposes (“Purposes”), s applicable, including but not limited to: 

• Complying with legal obligations prior to account opening or establishing client relationships, including Know Your Customer (KYC) procedures, Anti-Money Laundering (AML) requirements, and other mandatory processes under applicable laws and VinaCapital’s internal policies and procedures; 

• Providing financial services to you, including fund management, investment advisory, portfolio management, and entrusted investment services; 

• Executing transaction orders and investment instructions, and carrying out necessary activities to enable VinaCapital to provide services to you; 

• Delivering customer care and support services; 

• Supplying information and reports on funds/services managed or offered by VinaCapital; 

• Communicating with you (e.g., via email, phone, text message, social media, postal mail, or in person), in compliance with applicable laws; 

• Maintaining and updating your contact information; 

• Introducing and marketing products and services offered by VinaCapital; 

• Fulfilling rights and obligations under agreements between VinaCapital and you;  

• Managing VinaCapital’s business operations; 

• Operating and administering VinaCapital’s websites; providing information and displaying advertisements and other content; contacting and interacting with you through VinaCapital’s electronic platforms; 

• Managing VinaCapital’s communication systems, maintaining cybersecurity, and conducting IT safety audits; 

• nsuring physical security at VinaCapital’s premises (including visitor records and CCTV surveillance) and cybersecurity (including login records and access logs when using VinaCapital’s electronic systems); 

• Detecting, investigating, and preventing policy violations and criminal activities in accordance with applicable laws; 

• Establishing, exercising, or defending VinaCapital’s legal rights and interests, and participating in legal proceedings; 

• Complying with applicable laws, regulations, and legal requirements; 

• Any other lawful purposes as permitted by applicable laws and regulations. 

6. TIMING OF PERSONAL DATA PROCESSING

6.1. COMMENCEMENT OF PERSONAL DATA PROCESSING

VinaCapital will commence the processing of your Personal Data from the moment such data is received and will continue to do so until otherwise notified.

6.2. TERMINATION OF PERSONAL DATA PROCESSING

VinaCapital shall cease or temporarily suspend the processing of your Personal Data under the following circumstances (whichever occurs first): 

• Upon your written request, in accordance with this Policy and any relevant agreements/contracts; 

• Upon the termination of the service contract, provided that all related rights and obligations between the parties have been fulfilled; 

• Upon the final resolution of any disputes or claims, whether by mutual agreement, legally binding judgment, or decision; 

• As otherwise required by applicable laws and regulations. 

However, VinaCapital may continue to retain your Personal Data as necessary to fulfill its legal obligations and shall remain responsible for ensuring the confidentiality and protection of such data in accordance with applicable laws. 

7. SHARING AND TRANSFER OF PERSONAL DATA

To achieve the purposes and processing activities outlined in this Policy, VinaCapital may share or transfer your Personal Data or Personal Data of third parties related to you to the following parties:

a) Employees and staff of VinaCapital; 

b) Companies and/or organizations within the VinaCapital Group; 

c) Insurance providers for VinaCapital, including but not limited to individuals or entities providing insurance consulting services to VinaCapital; 

d) Auditors, consultants, and legal advisors of VinaCapital; 

e) Medical facilities providing services to VinaCapital; 

f) Competent state authorities (including U.S. tax authority – FATCA); 

g) Vietnam Association of Securities Business, Vietnam Securities Depository, Custodian Banks; 

h) Any individual, authority, regulatory body, or third party that VinaCapital is permitted or required to disclose under the laws of any country, or any contract or commitment with third parties; 

i) Any individual involved in enforcing or maintaining rights or obligations under agreements between you and VinaCapital; 

j) Service providers of VinaCapital where data sharing is necessary for VinaCapital to fulfill obligations to you; 

k) Authorized individuals/entities of VinaCapital; 

l) Outsourced service providers for VinaCapital; 

m) Third parties responsible for data processing under contracts with VinaCapital, including research, survey firms, and rating agencies; 

n) Credit institutions and intermediary payment service providers; 

o) Parties consented by you or for which VinaCapital has legal grounds to share your Personal Data.

Apart from the aforementioned cases, VinaCapital will not disclose your Personal Data to any other parties unless: 

(i) With your consent; 

(ii) Required or permitted by law; 

(iii) VinaCapital assigns rights and obligations under the agreements with you.

In the event of cross-border data transfer, VinaCapital will use reasonable efforts to ensure that the recipient applies appropriate levels of security and confidentiality. VinaCapital will comply with legal and regulatory requirements related to cross-border transfers of Personal Data.

8. personal data protection

VinaCapital regularly reviews, evaluates, and updates management and technical measures when processing and storing your Personal Data. VinaCapital employees are trained to handle Personal Data securely and with utmost care.

In the event of a breach of Personal Data protection regulations, VinaCapital will notify the competent authorities and related parties within the timeframe required by law and take reasonable measures to resolve and mitigate the damage to the extent possible.

9. customer rights and obligations related to personal data

9.1. As a data subject, you have the following rights: 

(i) Right to be informed; 

(ii) Right to consent; 

(iii) Right to access; 

(iv) Right to withdraw consent; 

(v) Right to erasure; 

(vi) Right to restrict data processing; 

(vii) Right to data provision; 

(viii) Right to object to data processing; 

(ix) Right to complain, denounce, and initiate lawsuits;

(x) Right to claim damages; 

(xi) Right to self-protection; 

(xii) Other rights as stipulated by law.

9.2. You may exercise your rights by contacting VinaCapital using the contact information provided in Section 13 of this Policy. 

VinaCapital will respond to your legitimate and valid requests in accordance with applicable laws from the time your request is received.

9.3. If you withdraw your consent to data processing, request data erasure, or exercise other rights related to your Personal Data, VinaCapital may consider discontinuing the provision of products and/or services. Such actions may be deemed as a request to terminate service contracts between you and VinaCapital. VinaCapital shall not be liable for any loss arising therefrom.

9.4. VinaCapital relies on your Personal Data to provide products and/or services. You must ensure that the information you provide to VinaCapital is accurate and complete at all times and promptly update any changes.

9.5. You have the following obligations regarding the protection of your own and others' Personal Data:

• Protect your Personal Data and request related parties to do the same;

•  Respect and protect others' Personal Data;

• Provide accurate and complete Personal Data when consenting to its processing;

• Participate in awareness-raising on data protection;

• Comply with data protection laws and report violations;

• Fulfill other obligations as required by applicable laws.

10. personal data retention

Your Personal Data will be kept confidential and retained by VinaCapital in compliance with applicable legal standards.

VinaCapital processes and stores your Personal Data for the necessary period to fulfill the purposes stated in this Policy unless a longer retention period is required or permitted by law.

11. customer notes

If you do not provide necessary Personal Data or refuse to allow VinaCapital to process your Personal Data deemed essential or required by law, VinaCapital may be unable to:

• Provide the services requested by you;

• Maintain service provision;

• Perform contractual rights and obligations;

• Verify your identity (including for information security);

• Provide information on your investments;

• Personalize your experience with VinaCapital’s services;

• Inform you about products or services that may interest you;

• And new products, new utilities in the future;

Accordingly, in the event that you restrict or do not agree to allow VinaCapital to process your Personal Data/withdraw your consent to the processing of your Personal Data/object to the processing of your Personal Data and/or exercise other rights, VinaCapital may not process your Personal Data; You understand and acknowledge that VinaCapital may not provide/continue to provide VinaCapital's product(s) and/or services to you, and VinaCapital reserves the right to terminate the provision of related products(s) and/or services without compensation and you are obliged to perform all of your obligations owed to VinaCapital at the time of VinaCapital cease to provide such product(s) and/or services. 

However, VinaCapital may still retain and process your Personal Data in accordance with the requirements of applicable laws and regulations or of competent authorities. 

12. amendments and supplements to policies

his Policy must be reviewed at least once a year or whenever there are any material changes or events that may materially affect this Policy.

Notice of amendments and supplements will be posted on VinaCapital's website and/or other methods that VinaCapital deems appropriate

13. contact information

In case you have any questions related to this Policy or VinaCapital's processing of your Personal Data, you can contact VinaCapital at the following information:

Hotline: 1900 636 553
Email: irwm@vinacapital.com

14. document control

Version                              Release date                               Prepared by                                            Approved by                                    Changes 

1.0                                      01/07/2023                                   Internal Control Department                    Chief Executive Officer                      Initial release 

2.0                                      01/07/2024                                   Internal Control Department                    Chief Executive Officer                      No changes to the policy