AGREEMENT, NOTICE, ACCEPTANCE FOR PERSONAL DATA PROCESSING

27/06/2023

This agreement, notice, acceptance for Personal Data Processing (the “Agreement”) having the purpose of recording the Candidate/ Employee/ Referrer/ Related persons and others individuals (hereinafter referred to as “Data subject”) as well as considering as a notice by Home Credit (as defined below) regarding the processing of personal data of Data subject, is made between

Data subject

AND

Controller and/or Controller and processor and/or Processor of Personal Data are Members of Home Credit Group and any company of Home Credit Group established after the date of singing or acceptance of this Agreement, including but not limited to:

HOME CREDIT VIETNAM FINANCE COMPANY LIMITED

  • Enterprise Registration Certificate No. 0307672788 first issued on 05/03/2009;
  • Registration address: Floor G, 8th and 10th Phu Nu Building, 20 Nguyen Dang Giai Str., Thao Dien ward, Thu Duc city, Ho Chi Minh City.

EMBEDIT VIETNAM ONE MEMBER COMPANY LIMITED

  • Enterprise Registration Certificate No. 0317148728 first issued on 10/02/2022;
  • Registration address: Floor G, Phu Nu Building, 20 Nguyen Dang Giai Str., Thao Dien ward, Thu Duc city, Ho Chi Minh City.

(hereinafter collectively referred to as “Home Credit”)

Both parties agreed with the following terms of processing Data subject’s information:

  1. Types of information and processing purpose

Data subject agrees to provide Home Credit with, and allow Home Credit to process all data subject's personal data which Home Credit collects from the data subject or any other sources (e.g., application form and/or any other documents and information for the purposes of applying for a job by the data subject; information, data provided directly by the Data subject or through social platforms / social networking sites / mobile applications of Home Credit; Credit Information Center; credit information companies; employee service providers; human resource exploitation organizations; talent attraction organizations; social platform / social networking sites / websites of recruitment partners that have a cooperative relationship with Home Credit and individuals who have valid candidate information; Universities, Colleagues or educational institutions), including the basic personal data and sensitive personal data, original data and corrected/ updated data (hereinafter referred to as the "Information") for the purpose of assessing, verifying the candidate’s ability and suitability for the job that the Data subject is applying for or similar job opportunities or for job positions that need to be assessed for eligibility and suitability in accordance with the law or the Company’s internal policies; check, compare credit relationship, working history or other relationships; manage procedures, processes for new employees if the evaluation is satisfactory; job offer; care for the candidates; manage the list of candidates and potential candidates; reconciliate with organizations and individuals providing employment services, exploit human resources, attract talents; sign and perform obligations under the probation contract, labor contract in accordance with the law; fulfill tax obligations, social insurance, and report on labor according to the provisions of law; provide information, data of Home Credit’s employees at the request of competent state agencies; carry out administrative procedures for Visa, Work permit, Temporary Residence card (for foreign workers); implement policies on payment of salaries, allowances, bonuses and benefits for Employees; implement the control, risk management, internal investigation; perform services, administrative work such as car card, access card, hotel reservation, air ticket, payment of travel fees and other services, administrative work during the employee’s arising relationship with Home Credit; Employee access and experience Home Credit’s products, services; promote the image of Home Credit; internal communications; external communication; advertisement; conducting courses, training on improving soft skills or necessary skills to perform probation contracts, labor contracts; labor dispute settlement and other lawful purposes (the “Purpose”).

For the purpose of this Agreement,

(i) Sensitive personal data is personal data associated with an individual's privacy, for example, images, audio recordings, video, health information, information on criminal background, religion, ethnicity, bank accounts, credit history information, information on special biological financial information, biological characteristics information or location data information... and the Data subject hereby consents to the processing of the data. your sensitive personal data under this Agreement.

(ii) Information processing means one or several acts towards the Information, including collecting, recording, analyzing, confirming, archiving, adjusting, disclosing, combining, accessing, retrieving, recalling, encrypting, decrypting, copying, sharing, transmitting, providing, transferring, deleting, destroying the Information or other related acts.

  1. Information processing by other related parties

To carry out the Purpose, Data subject agrees to allow Home Credit to disclose and share the Information within Home Credit group, and/or with Home Credit’s partners, having the role of personal data processors or the third parties (collectively referred to as the “Third Parties”). In addition, Data subject also agrees to allow the Third Parties to process the Information (including collecting on behalf of Home Credit) for the Purpose.

  1. Automatic processing of Information

Data subject agrees to allow Home Credit and Third Parties to automatically process the Information, use software systems and algorithms to make decisions about Information processing.

  1. Cross-border transfer of Information

Data subject agrees to allow Home Credit and the Third Parties to transfer the Information outside Vietnam territory for the Purpose.

  1. Notice of Information processing, duration and measures of handling Information

The Data subject understands and agrees that this Agreement is also Home Credit's notice for the processing of Information, the Data subject fully knows and agrees with the entire content of the Agreement, and Home Credit does not need to send add any further notice to the Data subject regarding the processing of this Information.

  • Starting and ending time of data processing: unless otherwise provided by laws, the processing of Information may take place at any time as specified in Article 8 of the Agreement, until when required to stop processing according to regulations. Any information of any other individual(s) mentioned by the Data subject in any document, information that the Data subject provides to Home Credit, Home Credit hereby understands that the Data subject has had the valid consent of these individual(s) for the provision of the above information to fulfill the Purpose.
  • Processing method: Home Credit, at all times, has the sole discretion to decide on the means and manner of processing Information to suit the Purpose, including but not limited to physical, written methods, text, oral, electronic means.
  1. Notice of this Agreement

The parties agree that Home Credit may send any notice regarding this Agreement (as long as such notice will not be more disadvantageous to the Data subject) via any method including SMS, mobile app, personal email, email issued by Home Credit to the Data subject, website and internal communication channels. Such notice will be integral part(s) of this Agreement.

  1. Rights and obligations of Data subject relating to Information processing
  • Data subject has the rights regarding the processing of Information in accordance with the laws, including the right to request Home Credit to settle lawsuits, complaints, requests to withdraw consent and delete data.
  • Data subject is obliged to provide accurate and truthful information and fulfill his/her obligations under contracts with Home Credit.
  • Data subject understand and agree (and withdraw and/ or waive any right to claim or bring the case to any dispute forum against Home Credit accordingly) that Home Credit can change the recruitment decision, and/ or unilaterally terminate the probation/ labor contract with Data subject immediately in case any incorrect or untrue information is detected.
  1. Rights of Home Credit in Information processing
  • Data subject understands and agrees to allow Home Credit to process Data subject's information from the time Home Credit obtains Data subject’s information in a valid manner with the consent of Data subject for the processing on this information.
  • To the extent permitted by laws, Home Credit has the right to process Information without Data subject's consent, including cases to fulfill Data subject's obligations under labor contracts, probation contracts with Home Credit.
  • Home Credit has the right to edit, update the Data subject’s Information if there is a valid basis to prove that the modification and updating Information is appropriate without the consent if the Data subject.
  1. Responsibilities of Home Credit in Information processing

Home Credit is responsible for (i) processing Information in accordance with applicable laws and this Agreement, (ii) duly and diligently protecting the Information, and (iii) ensure the rightful interests of Data subject.

  1. Consequences, unwanted damage which may likely occur

The Data subject understands that processing the Information is required and/or necessary for the fulfillment of the Purpose, including establishing employment relationships, maintaining relationships that ensures the implementation of the rights and obligations of the Data subject with Home Credit. The processing of Information by Home Credit and/or Third Parties may lead to a problem with the Information, affecting the Data subject. Home Credit will take all necessary measures to ensure the protection and handling of Information in accordance with the laws.

In addition, in case the Data subject refuses to provide, and/or fails to provide accurate and/or incomplete information to Home Credit, or withdraws consent for the processing of Information, the Data subject's request, and/or the Purpose will not be fully realized.

The parties have read, fully understand, and agree with all contents of this Agreement. The Parties agree that this Agreement shall be effective from the date the Data subject agrees to the content of the Agreement until being terminated by both Parties in writing or following regulations of law.

In any case, the Data subject may contact respective department as below to request Home Credit to provide a copy of this Agreement.

HOME STATION | UNDERSTANDING ABOUT ESG AT HOME CREDIT VIETNAM
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