GENERAL TERMS AND CONDITIONS ON PERSONAL DATA PROTECTION AND PROCESSING (Effective from December 31, 2024)

1. General Provisions

1.1. The General Terms and Conditions on Personal Data Protection (collectively referred to as the “General Terms and Conditions”) are an integral part of the agreements, terms and conditions governing the relationship between DB Legal Company Limited (collectively referred to as “DB Legal”).  

1.2. DB Legal values and respects the privacy, confidentiality and security of personal information.  

1.3. At the same time, DB Legal always strives to protect personal information, the privacy of the Data Subject (including related parties of the Data Subject) and comply with Vietnamese law through personal data protection measures that meet and are appropriate to international standards.  

1.4. DB Legal only collects, processes and stores personal data of the Data Subject in accordance with the provisions of law and within the scope of the agreement(s) between DB Legal and the Data Subject.  

1.5. By oneself or on behalf of the Company performing the provision of personal data of a third party (including but not limited to: relevant individuals of the Company, owners, references, beneficiaries, authorized persons, partners, contacts or other individuals of the Data Subject or the Company) to DB Legal, the Data Subject warrants, guarantees and is responsible for ensuring that the Data Subject has obtained the lawful consent of that third party for the processing and information about DB Legal being the entity processing personal information for the purposes stated in the General Terms and Conditions on Personal Data Protection.  

1.6. Depending on the role of DB Legal in each specific situation as (i) Personal Data Controller; (ii) Personal Data Processor; or (iii) Personal Data Controller and Processor, DB Legal will exercise the corresponding rights and responsibilities in accordance with current law.  

2. Interpretation of Terms

2.1. “Personal Data” is information in the form of symbols, letters, numbers, images, sounds or similar forms in an electronic environment associated with a specific person or helping to identify a specific person. Personal Data includes Basic Personal Data and Sensitive Personal Data.  

2.2. “Basic Personal Data” includes:

a) Full name at birth, other name (if any);  

b) Date, month, year of birth; date, month, year of death or missing;  

c) Gender;  

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

dd) Nationality;  

e) Individual's image;  

g) Telephone number, identity card number, personal identification number, passport number, driver's license number, vehicle license plate number, personal tax identification number, social insurance number, health insurance card number;  

h) Marital status;  

i) Information about family relationships (parents, children);  

k) Information about an individual's digital account;  

l) Personal data reflecting activities, activity history in cyberspace;  

m) Other information associated with a specific person or helping to identify a specific person that does not fall under the case of Sensitive Personal Data.  

2.3. “Sensitive Personal Data” is personal data associated with an individual's privacy, which, when infringed, directly affects the individual's legitimate rights and interests, including:

a) Political views, religious views;  

b) Health status and private life recorded in the medical record, excluding blood type information;  

c) Information related to racial origin, ethnic origin;  

d) Information about genetic characteristics inherited or obtained by an individual;  

dd) Information about physical attributes, individual's unique biological characteristics;  

e) Information about sexual life, sexual orientation of an individual;  

g) Data on crime, criminal behavior collected and stored by law enforcement agencies;  

h) Data on the location of an individual determined through location services;  

i) Other personal data that the law stipulates as specific and requires necessary security measures.  

2.4. “Processing of Personal Data” is one or more activities affecting personal data, such as: collection, recording, analysis, confirmation, storage, editing, disclosure, combination, access, retrieval, revocation, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction of personal data or other related actions.  

2.5. “Data Subject” is an individual representing or capable of representing the Company (as mentioned in the Personal Data Processing Consent Form) in the process of the Company accessing, learning, registering, using or being involved in the process of operating, providing products and services of DB Legal.  

3. Personal Data Processing Activities

3.1. Collection of Personal Data

3.1.1. In order for DB Legal to provide products and services to the Company, DB Legal may need to and/or be required to collect personal data, including: (i) Basic Personal Data and (ii) Sensitive Personal Data related to the Data Subject.  

3.1.2. DB Legal may collect this personal data directly or indirectly from one or more of the sources listed below, including but not limited to:

a. Through the relationship established between DB Legal and the Company when the Company uses DB Legal's products and services or participates in DB Legal's programs and legal activities;  

b. From other competent authorities in Vietnam;  

c. From third-party sources that the Data Subject agrees to share/provide personal data, or sources where collection is required or permitted by law.  

3.2. Purposes of Personal Data Processing

3.2.1. DB Legal may process personal data for one or more of the following purposes:

a. Verifying the accuracy and completeness of the information provided by the Data Subject;  

b. Drafting, preparing advisory documents on legal issues according to the Legal Service Contract signed with the client;  

c. Providing documents to competent state agencies (including litigation agencies) in accordance with the law;  

e. Preventing or minimizing threats to the life, health of others and public interests;  

f. To meet, comply with DB Legal's internal policies, procedures and any rules, regulations, guidelines, directives or requests issued by a competent State Authority in accordance with the law;  

g. For any other purpose required or permitted by any law, regulation, guideline and/or competent State Authority;  

h. To serve other purposes related to DB Legal's business activities that DB Legal deems appropriate from time to time; and

i. Other reasonable purposes related to the purposes mentioned above.  

3.2.2. DB Legal will request permission from the Data Subject before using the Data Subject's personal data for purposes other than the purposes stated in these General Terms and Conditions on Personal Data Protection.  

3.3. Transfer and Disclosure of Personal Data

3.3.1. In order to carry out the purposes and activities of personal data processing in these Terms and Conditions on Personal Data Protection, DB Legal may disclose the Data Subject's personal data or the personal data of related third parties to the Data Subject, to one or more of the parties below:

a. Other companies and/or organizations for the purpose of supporting work under the Legal Service Contract signed between DB Legal and the client;  

b. Competent state agencies in Vietnam or any individual, competent authority or regulatory agency or third party that DB Legal is permitted or required to disclose under the provisions of law of any country, or under any other contract/agreement or commitment between the third party and DB Legal;  

c. Third parties that the Data Subject agrees to or DB Legal has a legal basis to share the Data Subject's personal data.  

3.3.2. On the other hand, DB Legal will consider the Data Subject's personal data as private and confidential.  

Apart from the parties mentioned above, DB Legal will not disclose the Data Subject's data to any other party, except in the following cases:

a. With the consent of the Data Subject;  

b. When DB Legal is required or permitted to disclose under the provisions of law;  

or according to a decision of a competent state agency.  

4. Transfer of Personal Data Abroad

4.1. In order to fulfill the purpose of processing personal data in these General Terms and Conditions, DB Legal may need to provide/share the Data Subject's personal data to DB Legal's relevant third parties and these third parties may be in Vietnam or any other location outside the territory of Vietnam.  

4.2. When carrying out the provision/sharing of personal data abroad, DB Legal will require the receiving party to ensure that the Data Subject's personal data transferred to them is confidential and secure.  

DB Legal ensures compliance with legal obligations and regulations related to the transfer of the Data Subject's personal data.  

5. Rights and Obligations of the Data Subject Related to Personal Data Provided to DB Legal

5.1. The Data Subject has the following rights:

(i) Right to know;

(ii) Right to consent;

(iii) Right of access;

(iv) Right to withdraw consent;

(v) Right to delete data;

(vi) Right to restrict data processing;

(vii) Right to provide data;  

(viii) Right to object to data processing;

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

(x) Right to request compensation for damages;

(xi) Right to self-protection and other related rights in accordance with the law.  

5.2. Within the scope permitted by law, the Data Subject can exercise their rights by contacting DB Legal according to the detailed information provided in Article 9.  

5.3. DB Legal, with reasonable effort, will fulfill legitimate and valid requests from the Data Subject within the statutory period from the date of receiving the complete and valid request and related processing fees (if any) from the Data Subject, subject to DB Legal's right to invoke any exemptions and/or exceptions under the provisions of law.  

5.4. In the event that the Data Subject withdraws their consent, requests data deletion and/or exercises other related rights regarding any or all of the Data Subject's personal data.  

Acts performed by the Data Subject in accordance with this regulation may affect DB Legal's ability to continue providing products and services to the Company, and DB Legal reserves DB Legal's legal rights and remedies in such cases.  

Accordingly, DB Legal will not be liable to the Data Subject and/or the Company for any losses incurred, and DB Legal's legal rights will be expressly reserved with respect to the limitation, restriction, suspension, cancellation, prevention of the Data Subject's data processing.  

5.5. For security purposes, the Data Subject may need to make their request in writing or use another method to prove and authenticate the Data Subject's identity.  

DB Legal may request the Data Subject to verify their identity before processing the Data Subject's request.  

6. Personal Data Security Measures

6.1. DB Legal considers the Data Subject's personal data as DB Legal's most important information and DB Legal ensures confidentiality, security, compliance with the law, and limits unwanted consequences and damages that may occur (including but not limited to: data leakage or inappropriate data processing causing damage to the Data Subject's legitimate rights and interests).  

The responsibility for personal data confidentiality of the Data Subject is a mandatory requirement that DB Legal sets for all employees.  

6.2. DB Legal fulfills the responsibility of protecting personal data in accordance with current legal regulations with the best security methods according to international standards and regularly reviews and updates management and technical measures when processing the Data Subject's personal data (if any).  

7. Personal Data Storage

7.1. Personal data of the Data Subject stored by DB Legal will be kept confidential. DB Legal will take reasonable measures to protect the personal data of the Data Subject.

7.2. DB Legal will apply international data security standards based on ensuring compliance with current legal regulations.

7.3. DB Legal stores personal data of the Data Subject for the period necessary to complete the purposes under these General Terms and Conditions, unless a longer personal data storage period is required or permitted by current legal regulations.

8. Amendments

DB Legal may amend, update or adjust the terms of these General Terms and Conditions from time to time. Notice of any amendment, update or adjustment will be updated and posted on DB Legal's website: https://dblegal.vn and/or notified to the Data Subject through other means of communication that DB Legal deems appropriate.

9. Contact Information for Personal Data Processing

In case the Data Subject has any questions related to the General Terms and Conditions or issues related to the rights of the data subject or the processing of personal data of the Data Subject, the Data Subject please contact us at the following information:

Address: 28 Thanh Luong 20, Hoa Xuan Ward, Cam Le District, Da Nang City

Phone: (+84) 236.366.4674

Email: contact@dblegal.vn