In these Terms and Conditions, “JIVF” refers to JACCS Vietnam International Finance Company Limited; and “you” or “your customer” refers to the Customer or User who needs to inquire about or is interested in loans, services, or facilities at JIVF.

1.Customer consent

Your consent to the processing of your data under these Terms and Conditions will be expressed through direct written confirmation or through electronic consent methods such as: electronic signature, checkmark, “I agree” box, or actions indicating “confirmation/acceptance/agreement” on the interactive screen, one-time password, yes/no authentication via SMS sent to the phone number you provided, confirmations on call recordings, or other actions as per JIVF’s service policy from time to time.

When you apply for a loan or use any of JIVF’s services or utilities on the website, application, or through other means, or continue to use JIVF’s products and services, your agreement to provide personal data to JIVF is understood to mean that you have consented to JIVF collecting and processing your personal data for the purposes stated in these Terms and Conditions, and that you have read, understood, and agree to all the contents of these Terms and Conditions.

Personal data is information that either identifies you or is about you, and we may collect it from a few different sources. This includes collecting personal data directly from you, third parties acting for you or who are related to you, from companies, businesses or organisations who are our Customers that you represent or are related to you, and from other organisations, or publicly available sources

2.Personal data that JIVF collects from Customers

Personal data is information that identifies you or is about you, which JIVF may collect from a number of different sources, such as directly from you, from third parties representing or authorized by you or related to you, from companies, businesses or organizations that you represent or work for, or are related to you, and from other organizations or publicly available information sources.

If you provide JIVF with the personal data of another person, you must obtain their permission, explain and ensure that the person providing the information understands and agrees to JIVF’s use and processing of their personal data for the purposes outlined in this document. JIVF may collect various types of personal data as listed below:

• Personal data – information that allows us to identify you, such as: your last name, middle name and given name, other names, date of birth, gender, place of birth, place of birth registration, nationality, your image, your camera and video footage, and other identifying data, including personal identification numbers, passport numbers, tax identification numbers, driver’s license numbers, vehicle license plate numbers, social security numbers, and health insurance card numbers.

• Contact data – information that allows addressing, sending or communicating a message to you. For example, your email address, your phone or mobile number and your residential or business address, place of permanent residence, place of temporary residence, current place of residence, hometown, contact address.

• Professional data – information about your educational or professional background.

• Behavioural data – Behavioral data – information about your online and in-person behaviors, activities, or actions. Examples include how you search for information online (browsing) and how you interact with JIVF’s online products and services, or with online products and services provided by third parties, such as advertising partners or any social media platforms where you consent to the use of your behavioral data.

• Personal relationship data – information regarding the connection or close relationship between individuals or legal entities that can identify you. Examples include spousal relationships, employer relationships, marital status, and family relationships (parents, children) as defined by law.

• Communications data – information about our customers is recorded through voice recordings, text messages, emails, and other communications that JIVF exchanges with our customers. Examples include service request forms and digital account information, which are personal data reflecting online activities and activity history.

We may sometimes need to collect more sensitive personal data from you or where allowed by law. This sensitive personal data (sometimes known as special category personal data) may include things like:

• Financial and commercial data – information that allows us to determine your financial and credit status and history, including your bank account login name and password; bank card information, bank account transaction history; financial and credit information, and information on your financial and insurance activities and transaction history at credit institutions, foreign bank branches, payment intermediary service providers, insurance companies, and other authorized organizations.

• Personal image data  – login name and password information for accessing an individual’s electronic identity account; images of identity cards, citizen identification cards, and national identity cards.

• Geographic location data – information that indicates or contains the location of a device; data tracking behavior and activity using telecommunications services, social networks, online communication services, and other services in cyberspace. Examples include your Internet Protocol (IP) address or cookie identifier.

• Racial or ethnic origin data – information which reveals your racial or ethnic origin.

• Political data – information which reveals your political opinions.

• Religious and belief data  – information reflecting your religious or belief beliefs.

• Biometric data, genetic characteristics – information that allows for physical identification of our customers. Examples include facial recognition information, fingerprints, or voice recognition.

• Medical data – information about your health status. For example, information about accessibility-related disabilities that may affect your use of JIVF products and services.

• Criminal convictions, proceedings or allegations data – information about crimes or violations of the law collected and stored by law enforcement agencies, or information that JIVF determines is relevant to JIVF’s financial crime prevention obligations, such as information about any criminal record or related information. This data includes information about the alleged or convicted crimes.

3.Sources from which JIVF collects your personal data

JIVF will collect your personal data directly from you, however, JIVF may also obtain your personal data from other sources such as the following:

• People you know – such as:

– Parents or guardians, guarantors;

– Co-borrowers; 

– Your referrer/reference; and

– Other persons designated or authorized by you to act on your behalf

• Companies and other organizations:

– Your employer and/or your company, the business or organization you represent, work for, or are related to;

– Financial institutions and other financial service providers;

– Credit information centers and fraud prevention organizations;

– Regulatory bodies and other authorities with jurisdiction over the organization and operation of JIVF, such as the State Bank of Vietnam, tax authorities, enforcement agencies, and/or other agencies as prescribed by current law.

• JIVF corporate customers – when you have transactions or are involved with Dealer that provide goods or services to you, where JIVF is a party to the transaction, for example, disbursing loans to you or your business.

• Publicly available information sources  – such as online registers or directories, online publications, social media posts, and other publicly available information.

• Cookies – when you access, browse, or use JIVF’s website, online banking app, or mobile app, JIVF may use cookies to automatically collect certain information from your device. JIVF may use this information, when necessary, for internal analysis and troubleshooting, to identify you and remember your preferences, to improve the quality and personalize JIVF content, and to determine the security status of your account.

4. Why do JIVF collect your personal data?

JIVF collects your personal data to provide JIVF’s products and services, manage its customer relationships, and operate its business. This is a necessary activity when you have loan transactions with JIVF.

If you have or are associated with more than one loan account or your family relationship also has loan account in JIVF, we may link all your accounts and personal data to enable us to have an overall picture of our Customer relationships.

What we use your personal data for is often referred to as our purposes of data. We may not be able to offer or provide our products and services if you do not provide us with or want us to process the personal data that we consider is necessary and/or is required to meet our legal and regulatory obligations.

We generally process your personal data with your consent where required by law or where otherwise permitted or required by applicable law including for the following lawful reasons:

• Contractual obligations – when JIVF is fulfilling contractual obligations under one or more contracts in which you are a party.

• Legal obligations – when JIVF is required to comply with relevant laws and regulations.

• When JIVF processes personal data to protect the rights and interests of an individual or organization in accordance with applicable law.

5. Purposes of Processing

JIVF process your personal data for the following purposes:

5.1 Assessing and providing products and services to our Customers

This purpose includes:

• Assessing the validity eligibility and suitability of product and service applications for Customers; we may retain a record of the application if our eligibility criteria are not met.

• Evaluating the suitability of customers and related parties.

• Performing Know Your Customer (KYC) verification as required by law.

• Registering secured transactions.

• Mortgaging or transferring JIVF’s rights and obligations as stipulated in the Contracts with Customers.

• Conducting credit checks and assessing repayment capacity.

• Performing credit scoring, rating, credit information assessment, and creditworthiness assessment of customers based on information collected by JIVF.

• Performing behavioral analysis, trend prediction, or user classification using big data analytics systems, artificial intelligence systems, self-learning algorithms, and other automated systems.

• Review loan limits, issue cards, determine card limits, confirm and activate cards, whether manually or automatically.

• Obtain quotes for customers from third-party service providers, such as insurance products from insurance companies or other service providers that JIVF collaborates with or considers suitable to your needs and consumption habits, in order to provide products and services at better prices, with higher benefits and support.

5.2 Managing relationships between Customer and JIVF

This purpose includes:

• Establishing, continuing and managing relationships between JIVF and Customers via online tools or mobile applications.

• Providing Customers with appropriate access to JIVF’s products and services, such as JIVF online and mobile platforms.

• Operating, providing and evaluating the products and services for Customers.

• Providing personal data as a basis for establishing loan and lending relationships, issuing cards, manually or automatically activating cards via online or mobile applications, including any payments to third parties.

• Managing, for example, credit utilities or loans for customers.

• Maintaining communication.

• Answering questions or managing any complaints, including monitoring social media chats and posts to identify conversations, comments, and complaints that need to be addressed.

• Notify customers of changes to the terms and conditions of products and services.

• Record/video JIVF communications for record-keeping and evidence purposes, including online messages, emails, and phone conversations.

• Contact customers regarding the products and services that JIVF provides.

5.3 Operating our business

This includes:

• Managing authentication and user access controls for Customers, for example, for online and mobile means to evaluate the effectiveness of the operation and satisfaction of users.

• Creating and maintaining our credit scoring models relating to Customers.

• Conducting credit management activities, which includes maintaining Customer credit history and ensuring ongoing creditworthiness.

• Engaging in business operational management, such as performing administrative tasks relating to the products and services we provide, risk management activities, audits and ensuring operation and security of our communications and processing systems, systems development and testing, business planning and decision-making.

5.4 Improving our products and services to JIVF’s Customers

This purpose includes:

• Developing, testing and analysing our systems, products and services.

• Monitoring and recording our communications with you, for example, phone calls, for training and quality purposes.

• Conduct customer satisfaction surveys, market research, and other similar activities to improve the customer experience and provide follow-up recommendations to customers regarding services they are interested in.

• Gathering insights by aggregating data from the use of our products and services and our applications to provide you with more tailored products and services.

5.5 Detecting, investigating and preventing crimes

This includes:

• Conducting identity verification security checks against government and other official centralized databases, as required by law.

• Monitoring and recording our communications and screening applications and transactions in connection with actual or suspected fraud, financial crime or other criminal activities.

• Recording and monitoring your electronic communications with us, to the extent permitted by applicable law, to ensure compliance with our legal and regulatory obligations and internal policies.

• Conducting checks against government and non-government third parties’ fraud prevention and other financial crime prevention databases to prevent money laundering, terrorism, fraud and other financial crimes, to protect you, our Customers and the integrity of the financial market. A record of any fraud or money laundering risk will be retained by the fraud prevention agencies and may result in others refusing to provide services or employment to you.

5.6 Exercising our legal rights and conducting legal proceedings

This includes:

• Tracing and exercising our rights and protecting ourselves against harm to our rights and interests.

• Retaining records as may be necessary as evidence for any potential litigation or investigation.

• Recovering debts and arrears.

• Obtaining professional advice.

• Investigating or making an insurance claim.

• Responding to any insurance-related matter, action or proceeding.

• Defending or responding to any current or prospective legal, regulatory, or industry bodies or association-related matter, action or proceeding.

6. JIVF conducts direct marketing to customers

JIVF may sometimes, use your contact details to send relevant marketing communications (such as by post, email, telephone, SMS, secure messages, mobile app or social media) which is made in the forms and with the frequency as provided under applicable regulations (for example: Law on Advertising, regulation on anti-spam).

JIVF can send information as:

• News, offers and promotions about our products and services

• Competitions and lucky draws

• Other events or opportunities.

To the extent permitted by applicable law, JIVF may use or share your images or limited information about you with advertising and social media companies that JIVF works with, or JIVF may use this information directly for online advertising, communications, or product marketing purposes. For example, to check whether you have an account with social media companies, so that JIVF can request them to show you more relevant marketing messages about JIVF’s products and services, or to exclude you from receiving advertisements for products and services you already use.

7. When do we use automated decision-making?

We may use the personal data we collect to conduct data analytics, including profiling and behavioural analysis, to make quicker automated decisions in our business operations and to evaluate your personal characteristics to predict outcomes and risks. We require that rules followed by such automated systems are designed to make fair and objective decisions. We may use artificial intelligence to help improve our communications and Customer experience, make our business operational processes safer and more efficient and enable us to provide faster responses and improve turnaround time. For example, we may use automated decision-making for the following:

• Customer digital onboarding processes – account opening approval processes using electronic Know-Your-Customer (eKYC) checks by verifying the authenticity of scanned identification documents and a photo through biometric facial recognition and liveliness check.

• Operational efficiency – voicebots for call centre identification verification.

• Customer marketing campaigns and communications to recommend more tailored products and services based on insights from your personal data and interactions with robo advisors and chatbots.

8. JIVF may share or transfer your personal data to whom?

JIVF may share and transfer your personal data internally within JIVF. JIVF may share and transfer your personal data for processing purposes as outlined in these Terms and Conditions, including with service providers, JIVF business partners, other third parties, and as required by law or by any competent authority. JIVF limits the manner and to whom it shares and transfers your personal data and takes steps to ensure your personal data is kept confidential and protected when JIVF shares and transfers it. JIVF may share and transfer your personal data for data processing purposes with the following parties, if relevant and permitted by law:

• The operational division of JIVF and the internal departments of JACCS Co., Ltd. for internal management and control purposes.

• Authorised third parties

– Legal guardians, co-borrowers, representatives, guarantors, and any actual or potential participants or sub-participants involved in any liability of JIVF under any agreements signed with clients.

– Any person to whom JIVF is authorized by the client, whether manually or electronically, to share or transfer information.

• Third parties that can verify your information

– Credit information centers or similar entities (including operators of any centralized databases used by these entities), credit service providers, credit information companies, credit rating agencies/organizations, fraud prevention agencies and organizations.

– Customer identification service providers.

– Other non-governmental third parties conduct database audits to combat money laundering, terrorism, fraud, and other financial crimes.

• Our service partners

– Professional consultants such as auditors, lawyers, and appraisers.

– Insurers companies or insurance brokers.

– Service providers (such as providers of operational, administrative, data processing, and technology services), including anyone involved in or collaborating to analyze and facilitate improvements or enhancements in JIVF’s operations or product and service offerings.

– Professional service providers such as market researchers and investigators.

– Third-party product providers such as insurance companies and/or other related companies.

– Third-party payment intermediaries, collection and disbursement services, and delivery services with which JIVF collaborates.

• Strategic referral partners

– Business alliance, agents, affiliates, co-branded partners, or other companies or organizations with which JIVF collaborates based on contractual agreements or other joint ventures.

– Social media and advertising companies.

• Other financial services organisations

– Financial institutions such as commercial banks, correspondent banks, or state-owned banks.

– Market infrastructure providers.

– Payment service providers, including merchants, payment processors, and card association members, payment initiators, and card payment providers such as VISA and Mastercard.

• Government and law enforcement agencies

As required by law or by any authority, including regulatory bodies, administrative bodies, supervisory bodies, courts, and arbitration bodies.

• Other third parties

– Individuals, companies, business entities, or organizations, as the case may be, that you represent or are associated with.

– Third parties in case of a merger, acquisition or divestment: if we transfer (or plan to transfer) any part of our business or assets. If the transaction goes ahead, the interested party may use or disclose your personal information in the same way as set out in this Terms and Conditions, and subsequently notify you of any changes they may make in terms with how they process your personal data.

9. Where do we transfer personal data?

Your personal data may be stored, shared and transferred by us within JIVF or with other third parties for the purposes described in this Terms and Conditions in order to operate effectively, efficiently and securely in facilitating transactions and providing products and services to our Customers, to improve and support our processes and business operations and to comply with our legal and regulatory obligations. This may involve storing, sharing and transferring your personal data cross border to other jurisdictions.

Where recipients of your personal data are in jurisdictions that are outside Vietnam, and local laws may not have similar data protection laws as the jurisdiction where you are or where we have a relationship, we will take all reasonable steps necessary to ensure that your personal data has an appropriate adequate level of protection and safeguards to comply with applicable law.

10. Customer rights relating to personal data

JIVF respect your personal data, and you have the following rights about how we use your information:

• Right to be informed about the processing of personal data.

• Right to consent or not consent, or to withdraw consent to the processing of personal data.

• Right to provide data – you have the right to request JIVF to provide a copy of your data and information on how JIVF uses that data.

• Right to view, edit, or request correction of personal data – if your personal information is inaccurate, you can correct it yourself or request JIVF to correct it.

• Right to delete data – you can request JIVF to delete your personal data and accept the risks and damages that may occur to you. However, JIVF may need certain personal data to provide products and services to you.

• Right to restrict or object to data processing – You may request JIVF to stop using your data or change how JIVF uses it, including but not limited to objecting to JIVF’s use or disclosure of data for advertising purposes. However, JIVF may need certain personal data to interact with you or provide JIVF’s products and services to you.

• Right to complain, denounce, or sue.

• Right to claim damages.

• Right to self-defense – You have the right to request that competent authorities or agencies, organizations, or individuals involved in processing personal data take measures and solutions to protect your personal data in accordance with the law.

• Right to change or withdraw consent – ​​If JIVF requests your consent regarding the use of your personal data, you may change your mind at any time. By withdrawing your consent, you acknowledge and agree that JIVF may retain and process your personal data in accordance with applicable regulations or competent authorities. Furthermore, you understand and acknowledge that JIVF will not be able to provide JIVF products and/or services to you without processing your personal data. Therefore, upon withdrawal of your consent, JIVF has the right to terminate the related products and/or services, and you are obligated to fulfill all your obligations to JIVF upon termination of such products and/or services.

11. Customer obligations relating to personal data

As data subjects, you have the following obligations:

• • • Protect your own personal data, request us or other relevant organizations and individuals to protect your personal data.

    • Respect and protect personal data of others.

    • Provide complete and accurate personal data once you have consented to the processing of your personal data.

    • Warn, guarantee, and assume responsibility that you have obtained the lawful consent of third parties (including but not limited to: information of parents, spouses, children, friends, relatives, references, emergency contacts, or other relevant individuals) for the processing of their personal information at JIVF and to inform JIVF that it is the data processing party for the purposes stated in these Terms and Conditions.

    • Comply with laws on personal data protection and participate in preventing and combating activities that violate personal data.

    • Do not hinder or obstruct the exercise of JIVF’s legal rights and obligations.

    • Do not infringe upon the legitimate rights and interests of the State, agencies, organizations, or other individuals.

    • Other obligations as prescribed by law.

12. Personal Data Retention Period

Your personal data will be stored in JIVF’s storage system or cloud computing solutions, ensuring that your personal data is protected by reasonable security measures. JIVF will retain your personal data for the period necessary to fulfill the purposes described in these Terms and Conditions and upon request to delete the data or withdraw its consent to any collection purpose.

13. Policy on Withdrawal of Consent, Restriction and Opposition to Processing of Personal Data, Deletion and Destruction of Personal Data

In the event that you withdraw your consent to allow the processing of personal data, restrict and object to the processing of personal data, delete or destroy personal data, such withdrawal of consent, restriction and opposition to the deletion or destruction of personal data may result in the provision of services by JIVF being  limited, restricted, suspended, canceled, prevented or prohibited, depending on the circumstances. JIVF will not be liable to you for any resulting losses and JIVF’s legal rights will be reserved in this case.

To the extent permitted by law, you may exercise your rights by contacting JIVF via Hotline: (028) 7108 6999.

a) Mechanism for withdrawing consent to processing personal data, restricting and objecting to processing personal data.

• JIVF will respond to you within 2 (two) working days from the date of receiving a complete request from you. JIVF will process your request within 20 (twenty) days and a maximum of 35 (thirty-five) days from the date of receiving the request.

b) Mechanism for deleting and destroying personal data.

• JIVF will respond to you within 2 (two) working days from the date of receiving a complete request from you. JIVF will process your request within 30 (thirty) days and a maximum of 50 (fifty) days from the date of receiving the request.

  14. Amendments and Additions to the Terms and Conditions for Processing Personal Data

  JIVF reserves the right to amend, supplement, and update these Terms and Conditions, provided that such amendments and additions comply with relevant legal regulations. The amended and supplemented content will be continuously updated and reflected in the Terms and Conditions, which will be publicly disclosed through one of the following forms: in writing, via email, SMS, messages through social media accounts, or on mass media, the official website, or the JIVF application. Customers should regularly update these Terms and Conditions. By continuing to use JIVF’s products and services, customers agree to accept all updated content of these Terms and Conditions at each time a change is made.

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