1. This Policy
This Policy explains the manner in which DCVFM collects, utilises, maintains and processes your personal data in accordance with applicable law.
This Policy applies to your investment (or potential investment) in any funds managed by DCVFM your use (or potential use) of any of other services provided by DCVFM, or any relationship (or potential relationship) established between you and DCVFM.
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.
2. Processing your Personal Data
a. Requirement and necessity of collection and Processing of Personal Data
We collect Personal Data about you because, for various purposes set out below, we are required or authorised by law to collect and process it. There are laws applicable to fund management companies such as DCVFM, which require us to collect and process your Personal Data. For example, we require your Personal Data to verify your identity under the regulations on securities and anti-money laundering law of Vietnam.
If you do not provide your Personal Data to us, we are not able:
- provide you with a requested service or perform your instructions/requests;
- maintain our provision of services to you;
- perform the contractual rights and obligations in accordance with the agreements entered into between DCVFM and you;
- verify your identity (including for the purpose of protection of your confidential information);
- provide you with necessary information related to your investment during the course of our provision of services to you;
- personalize your experience with us; or
- inform you of our products and services that may be of your interests or needs.
b. Personal Data that we may Process
The categories of Personal Data that we may Process are Basic Personal Data and Sensitive Personal Data in accordance with applicable law. Such information could include:
- identification information such as full name, date of birth, gender, nationality, identification number/passport number and its place and date of issuance, photos of identity card/passport; tax code; social insurance number; and health insurance number;
- marital status; family relationship;
- occupation, title, income and sources of your investment funds;
- contact details such as telephone number, email address, residential address, contact address;
- IP address cookies, logs, online identifiers, device IDs, and geolocation;
- bank account details, transaction details; and
- other information that may be required or necessary for DCVFM to provide its services to you or to exercise/perform relevant contractual rights/obligations in accordance with applicable law.
During the course of our relationship with you, we may collect and process additional personal data about you, subject to your consent or as required or permitted under applicable laws.
c. Collection of Personal Data:
We collect Personal Data about you from a variety of sources as follows:
- We obtain your Personal Data when you provide it to us (e.g., via the account opening form and other documentation).
- We collect your Personal Data in the ordinary course of our relationship with you (e.g., in the course of managing your transactions or your investment in our funds).
- We receive your Personal Data from third parties who provide it to us (e.g., your employer; the organizations or individuals that you act as their authorised representatives or contacts) our customers/vendors; recruitment agencies; law enforcement authorities).
- We receive your Personal Data from third parties service providers, where you purchase any of our products or services through such third parties or where you are referred to us by such third parties (e.g., our fund certificate distribution agents; transfer agents; custodians; paying agents).
- We obtain your Personal Data from other sources as permitted by law for the purposes of verification of the information provided by you (e.g., the national population database, your employers).
- We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site. When you visit a Site, your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information), some of which may constitute Personal
d. Purposes for which we may Process your Personal Data
The purposes for which we may Process your Personal Data are:
- fulfilling the regulatory compliance obligations before client on-boarding, including ‘Know Your Client’ checks and other required processes in accordance with applicable laws and our internal policies and procedures;
- providing our financial professional services to you including fund management services, investment advisory services and portfolio management services;
- processing your trade orders and investment instructions as well as performance of tasks necessary for our provision of the requested services;
- providing customer care services;
- providing information on funds/services managed/provided by DCVFM;
- communicating with you via any means (eg. email, telephone, text message, social media, post or in person) subject to ensuring that such communications are provided to you in compliance with applicable law; and maintaining and updating your contact information where appropriate;
- introducing new products and services provided by DCVFM;
- performing contractual rights and obligations in accordance with the agreements entered into between DCVFM and you;
- operation and management of our Sites; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our Sites;
- management of our communications systems; operation of IT security; and IT security audits;
- physical security of our premises (including records of visits to our premises and CCTV recordings); and electronic security (including login records and access details, where you access our electronic systems);
- detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law;
- establishing, exercising and defending legal rights;
- complying with the legal and regulatory obligations applicable to fund management companies in accordance with applicable law; and
- other lawful purposes in accordance with applicable law.
3. Disclosure of Personal Data to third parties
We may share and disclose your Personal Data to:
- other entities within the Dragon Capital group, for legitimate business purposes (including providing services to you and operating our Sites);
- our vendors, service providers, partners (e.g. supervising banks, custodian banks, fund administrators, transfer agents, paying agents, HR service providers, cloud services providers) located anywhere in the world for processing of Personal Data by such vendors/service providers/partners for the processing purposes mentioned in this Policy; and
- State authorities, other organizations and individuals as required under or permitted by any applicable law or State authorities.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
4. International transfer of Personal Data
Because of the international nature of our business, we may need to transfer your Personal Data within the Dragon Capital Group, and to third parties as noted in Section 3 above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries outside Vietnam and when we transfer your Personal Data to other countries, we do so in compliance with the required procedures and requirements under applicable laws.
5. Data Security
The security of your Personal Data is important to us and therefore we have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law. These could include:
- applying up-to-date electronic security systems, such as firewalls and data encryption on our processing systems;
- maintaining necessary and appropriate data security policies and procedures;
- having and implementing data security and confidentiality requirements and regular trainings for our employees;
- ensuring access to Personal Data is granted and permitted to authorised persons only;
- requesting third party service providers, vendors, partners to apply and satisfy our privacy requirements and standards and to comply with applicable law; and
- conducting regular check and verification of the data processing safety and applying appropriate measures to prevent potential incidents in the course of processing of Personal Data.
However, in practice, the Processing of Personal Data via electronic systems, internet and other information technology solutions may not be completely secured without any potential risks. Although we always try our best to ensure and protect the security and confidentiality of your Personal Data, we are not able to guarantee a complete and perfect security when your Personal Data is processed and transmitted to our system or a third party service provider’s system that you may use. Therefore, you are responsible for ensuring that any Personal Data that you send to us is sent securely. Furthermore, we recommend you to take necessary steps to protect the confidentiality of your Personal Data (including your account and trading information) and not accidently share or disclose such information to any unauthorised persons.
6. Data Accuracy
We take reasonable steps designed to ensure that:
- your Personal Data that we Process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay. From time to time we may ask you to confirm the accuracy of your Personal
7. Data Minimisation
We take reasonable steps designed to ensure that your Personal Data that we Process is limited to the Personal Data reasonably required in connection with the purposes set out in this Policy.
8. Data Retention
We take reasonable step to ensure that your Personal Data are only Processed for the period necessary for the purposes set out in this Policy (including for DCVFM’s provision of requested services to you) or as required by law (including any regulatory period during with DCVFM, its vendors and service providers perform their obligations on retention of information as required by law), whichever is longer.
9. Your legal rights and obligations
Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:
- the right to request access to, or copies of, your Personal Data that we Process or control, together with information regarding the nature, processing and disclosure of those Personal Data;
- the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
- the right to request:
- erasure of your Personal Data that we Process or control unless otherwise requested by law; or
- if our Personal Data Processing is subject to your consent in accordance with applicable law:
- restriction of Processing of your Personal Data that we Process or control;
- objection to the Processing of your Personal Data by us or on our behalf (including for marketing purposes); or
- withdraw of your consent; and
- the right to lodge complaints with a competent State authority in accordance with applicable law.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section 12 below.
- When you provide Personal Data to us for Processing in accordance with this Policy, you are responsible for:
- ensuring the accuracy of the provided Personal Data;
- timely informing us of any changes to the provided Personal Data; and
- complying with all requirements applicable to your provision of Personal Data in accordance with applicable law.
10. Information sharing and reporting
We may Process your Personal Data to contact you, primarily by email and also on occasion by telephone, so that we can share you with information concerning our products and services that may be of interest to you, in accordance with applicable law.
If you do not wish to receive such communications from us you can opt out at any time by contacting your regular Dragon Capital contact, or by electronically unsubscribing from emails we have sent to you. After you unsubscribe, we will not send you further promotional emails, but we may continue to contact you to the extent necessary for the purposes of any services you have requested from us.
12. Contact details
If you have any questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data by DCVFM, please contact your regular Dragon Capital client service contact or our official customer service channels at:
- Hotline: 1800 1203 (from 9:00 AM – 5:30PM of any business day)
- Email: email@example.com