AGREEMENT, NOTICE, ACCEPTANCE FOR PERSONAL DATA PROCESSING

T&C_VIE

Home Credit Vietnam Finance Company Limited, Enterprise Registration Certificate No. 0307672788 issued for the first time on March 5th, 2009. Head office address: Floors G, 8 and 10, Phu Nu Building, No. 20 Nguyen Dang Giai Street, An Khanh Ward, Ho Chi Minh City (“Home Credit” or the “Company”) respects and is committed to protecting the personal data of Data Subjects in accordance with the provisions of current laws on personal data protection. 

This Agreement serves as both: 

Home Credit’s Personal Data Processing Notice; and 

The documentation of the Data Subject’s confirmation/consent regarding the processing of their personal data in cases where such consent is required by law. 

1. Data Subjects 

The Data Subjects under this Agreement include: job applicants, employees, interns, collaborators, and other individuals involved in the recruitment, establishment, or performance of the labor/employment relationship with Home Credit. 

2. Information and Processing of Information 

2.1 Information: 

The Data Subject confirms and agrees that Home Credit may collect and process necessary personal data. Home Credit may collect the Data Subject’s personal data from: 

  • The Data Subject;  
  • Job applications and/or any other documents or information provided for the purpose of application by the Data Subject;  
  • Information and data provided directly by the Data Subject or through social platforms/social networks/Home Credit’s mobile applications;  
  • The Credit information center of Vietnam; credit information companies;  
  • Employment service providers; workforce sourcing entities; and talent acquisition entities;  
  • Social platforms/social networks/websites of recruitment partners cooperating with Home Credit and individuals who lawfully possess candidate information;  
  • Universities, colleges, or educational institutions;  
  • And other lawful sources in accordance with the law. 

Home Credit only collects and processes personal data to the extent necessary, in accordance with the notified purposes and applicable legal regulations. 

The personal data processed may include basic personal data, sensitive personal data, original information, and updated/adjusted or generated information during the recruitment, employment, or collaboration process with Home Credit (collectively referred to as “Information”), including but not limited to: 

  • Basic personal data: full name, date of birth, gender, nationality, personal image, National ID/Passport number, tax code, contact information, address, email, phone number, educational qualifications, professional information, employment information, bank account information, information related to the recruitment, employment and labor management process, information generated during the use of Home Credit’s systems, devices or platforms, and other basic personal data appropriate to the processing purposes and legal regulations. 
  • Sensitive personal data: Home Credit may process certain sensitive personal data in accordance with the processing purposes and legal regulations, including but not limited to biometric data, facial recognition data, timekeeping data, access control data, health data, call recording data, camera/CCTV data, data related to security, information security or system access control, data related to devices, information technology systems, security operations or internal management, and other data falling within the scope of sensitive data under the law. 
  • Other information related to the employment relationship such as salary, salary level, pay scale, position, performance evaluation results, disciplinary actions, complaints, grievances, disputes, incidents, dialogues, exchanges… related to the Data Subject. 

2.2 Processing of Information:  

The processing of personal data or Information under this Agreement includes any one or more operations performed on personal data, including but not limited to: collecting, recording, analyzing, verifying, storing, modifying, updating, disclosing, combining, accessing, retrieving, using, providing, sharing, transmitting, transferring, encrypting, decrypting, backing up, restoring, deleting, destroying, or any other related activities in compliance with applicable laws. 

Home Credit will choose appropriate measures, tools, and methods to process the Information in accordance with the stated Purposes, the nature of the Information, Home Credit’s management and operational needs, and applicable legal requirements. 

3. Purposes of Information Processing 

Home Credit may process the Information for the following purposes (collectively referred to as the “Purposes”): 

  • Evaluating and assessing the suitability, recruitment conditions, competency, experience, or ability to meet the requirements of the applied position or similar job opportunities, or for positions that require eligibility and suitability assessment in accordance with legal regulations or the Company’s internal policies; 
  • Carrying out recruitment activities, managing the Candidate database, potential Candidates, or suitable positions according to Home Credit’s recruitment needs; 
  • Verifying and cross-checking information, work history, credit information, employment relationship, or other information for the purposes of recruitment, labor management, risk control, or compliance with laws and Home Credit’s internal policies; 
  • Managing recruitment procedures, onboarding processes, job offer proposals, signing and performing probationary contracts, labor contracts, or related agreements; 
  • Managing personnel records, employment relationships, employee information, work processes, performance evaluations, training, assignment, appointment, rewards, disciplinary actions, or termination of employment relationships; 
  • Cross-checking with organizations and individuals providing employment services, human resource sourcing, and talent attraction services; 
  • Fulfilling obligations related to labor, tax, social insurance, occupational safety, immigration, or other applicable legal regulations; 
  • Carrying out administrative procedures related to visas, work permits, temporary residence cards, or other legal procedures for foreign employees; 
  • Implementing policies related to salary, allowances, bonuses, benefits, business travel expenses, insurance, or other employee entitlements; 
  • Performing administrative and internal operational tasks or providing support to employees, such as issuing employee cards, access cards, equipment management, booking flights and hotels, reimbursing business travel expenses, or other administrative activities; 
  • Managing, operating, securing, controlling access, monitoring, and ensuring the safety of information technology systems, internal systems, databases, equipment, assets, or Home Credit’s operational activities; 
  • Conducting internal control, risk management, fraud prevention, compliance checks, internal investigations, audits, or handling violations in accordance with laws or Home Credit’s internal policies; 
  • Providing information or reports to competent state authorities as required by law; 
  • Carrying out internal communications, corporate culture building, employer branding, or promoting Home Credit’s image; 
  • Performing external communications, promotions, or information disclosure within the scope permitted by law and applicable internal policies; 
  • Allowing employees to access, experience, or use Home Credit’s internal products, services, or programs; 
  • Conducting training, coaching, or skill development programs in support of recruitment, labor management, or human resource development activities; 
  • Resolving complaints, labor disputes, litigation, or legal requirements; 
  • Serving corporate restructuring, merger, consolidation, division, investment, acquisition, capital transfer, audit, appraisal, legal/financial/compliance due diligence, governance, or system integration activities of Home Credit, companies within the Home Credit Group, or activities related to the Group’s operations, management, or restructuring; 
  • And other legitimate purposes in accordance with applicable laws.  

4. Processing of Information by Third Parties. 

To fulfill the Purposes, the Data Subject agrees to allow Home Credit to share the Information within the Home Credit Group, and/or with Home Credit’s partners acting as personal data processors or third parties (collectively referred to as “Third Parties”). In addition, the Data Subject also agrees to allow Third Parties to process the Information (including collecting it on behalf of Home Credit) for the Purposes. Home Credit will only share, provide, or transfer the Information to the extent necessary to serve the notified Purposes and will apply appropriate security and control measures in accordance with applicable laws. 

In certain necessary cases for corporate governance, restructuring, investment, capital transfer, merger, consolidation, division, business transactions, group management, system integration, audit, appraisal, or compliance assessment activities, the Information may be shared, provided, reviewed, or accessed by investors, transferees, affiliates, parent companies, financial institutions, audit firms, or consultants in compliance with legal regulations and confidentiality requirements 

5. Automated Processing of Information 

The Data Subject hereby consents to Home Credit and Third Parties automatically processing the Information and utilizing software systems and algorithms to make decisions in relation to such processing. 

6. Processing of information through systems, technology and internal management activities 

To achieve the Purposes, Home Credit may apply appropriate technical measures, technologies, or management systems to process the Information, including but not limited to: camera/CCTV systems; access control systems; timekeeping systems; email systems or internal work tools; device management systems; information technology systems; call recording; tools for analysis, monitoring or operational support of systems; and tools for information management, inspection or security. 

In certain cases permitted by law, Home Credit may use software, technological tools, or systems to support the analysis, evaluation, or processing of the Information for the Purposes. 

7. Cross-border transfer of Information from Vietnam  

The Data Subject hereby consents to the cross-border transfer of the Information by Home Credit and Third Parties for the Purposes. 

8. Notification of Information Processing, timeframe and method of Processing Information. 

The Data Subject confirms that they have read, understood, and have been notified by Home Credit about the Processing of Information as described in this Agreement. This Agreement also serves as Home Credit’s personal data processing notice in accordance with the laws on personal data protection. 

In cases where it is necessary under the law or depending on specific processing activities, Home Credit may provide additional notices, updates, or obtain further consent/opinions from the Data Subject regarding the processing of Information. 

Start and end time of Information Processing: Unless otherwise provided by law, the Processing of Information may occur at any time as specified in Article 8 of this Agreement, until a request to stop processing is made in accordance with regulations. For any information of other individual(s) mentioned by the Data Subject in any documents or information provided to Home Credit, Home Credit hereby understands that the Data Subject has obtained valid and lawful consent from such Data Subject(s) for the provision of the above information to serve the Purposes.  

Method of Processing: At all times, Home Credit has full discretion to decide on the means and methods of processing the Information to suit the Purposes, including but not limited to physical, written, verbal, or electronic methods. 

9. Notification regarding the Agreement 

The Parties agree that Home Credit may send notices related to this Agreement (which do not place the Data Subject in a less favorable position) by any means, including SMS, mobile applications, personal email, email provided by Home Credit to the Data Subject, website and internal communication channels. These notices shall form an inseparable part of this Agreement.  

10. Rights and obligations of the Data Subject regarding the Processing of Information 

The Data Subjects have rights regarding the Processing of Information as stipulated by law, including: 

  • The right to know; 
  • The right to consent;  
  • The right to withdraw consent; 
  • The right to access; to rectify; 
  • The right to request data deletion;  
  • The right to restrict processing;  
  • The right to object to processing;  
  • The right to lodge complaints, denunciations or lawsuits, and right to claim compensation for damages  

The right to self-protection, and other rights as prescribed by law. 

The withdrawal of consent by the Data Subject does not affect the lawfulness of the Information Processing activities that were carried out before the withdrawal of consent.

The Data Subject is obligated to provide accurate and truthful Information and to fulfill their obligations as a Data Subject under the probationary contract or labor contract with Home Credit. 

The Data Subject understands and agrees (and waives and/or releases any arising rights related to complaining or suing Home Credit before dispute resolution authorities) that Home Credit may change the recruitment decision and/or unilaterally terminate the probationary/labor contract with the Data Subject immediately if any information is found to be inaccurate or untrue. 

11. Rights and obligations of the Home Credit regarding the Processing of Information 

  • The Data Subject understands and agrees to allow Home Credit to process their Information from the moment Home Credit lawfully obtains such Information together with the Data Subject’s consent for processing this information. 
  • To the extent permitted by law, Home Credit has the right to process the Information without the Data Subject’s consent, including for the purpose of fulfilling the Data Subject’s obligations under the probationary contract or labor contract with Home Credit. 
  • Home Credit has the right to correct or update the Data Subject’s Information without consent if there is a valid basis to prove that such correction or update is appropriate.

Home Credit shall be responsible for (i) processing the Information in accordance with the law and this Agreement, (ii) making efforts to protect the Information, and (iii) ensuring the legitimate rights and interests of the Data Subject. 

12. Potential Consequences and Damages 

The Data Subject understands that the Processing of Information is mandatory and/or necessary to achieve the Purposes, including establishing and maintaining the employment relationship to ensure the exercise of the Data Subject’s rights and obligations with Home Credit. The Processing of Information by Home Credit and/or Third Parties may lead to information incidents that affect the Data Subject. Home Credit will take all necessary measures to ensure the protection and processing of Information in accordance with the law. 

In addition, if the Data Subject refuses to provide, and/or does not provide accurate and/or complete information to Home Credit, or withdraws consent for the processing of Information, the Data Subject’s requests and/or the Purposes may not be fully fulfilled. 

The Parties confirm that they have read, fully understood, and agreed to the entire content of this Agreement. The Parties agree that this Agreement shall take effect from the date the Data Subject consents to its content until it is terminated by mutual written agreement or in accordance with the law. In all cases, the Data Subject may contact Home Credit’s Talent Acquisition Department at: recruitment@homecredit.vn or tuyendung@homecredit.vn, or the Human Resources Service Department at: vn.hrss.supports@homecredit.vn to request a copy of this Agreement.

Data Subject - Home Credit Vietnam Finance Company Limited