Privacy policy

Privacy Policy for User

 

This Privacy Policy for User (“Privacy Policy”) determines policies and procedures in relation to collection, use, and disclosure of personal data, which is data about an individual who can be identified from that data, whether true or not, or from that data and other information to which we have or is likely to have access, e.g., full name, identification card number, and contact number (“Personal Data”), via our website (www.prochang.com) and Prochang application (collectively referred to as “Platform”) which are controlled and operated by ESFY Company Limited (“Company”, “we”, "us" or "our"). We recognize the importance of the Personal Data of our user who registers an account on the Platform to use our service (“User”, “you”, “yours”) and it is our responsibility to comply with Personal Data Protection Act B.E. 2562 as amended from time to time (“PDPA”) to properly manage, protect and process your Personal Data.

 

Please read this Privacy Policy thoroughly. If you have any questions about this Privacy Policy, please contact us per the contact details as indicated at the end of this Privacy Policy.

 

By using the services, registering for an account with us, visiting our Platform, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM. If we change our Privacy Policy, we will notify you by posting those changes or the amended Privacy Policy on our Platform. We reserve the right to amend this Privacy Policy at any time. To the fullest extent permissible under applicable law, your continued use of the services on the Platform, including placing of any orders, shall constitute your acknowledgment and acceptance of the changes made to this Privacy Policy.

 

1.     WHEN WE COLLECT YOUR PERSONAL DATA

1.1   We may collect your personal data:

1.1.1              When you register and/or use our services on the Platform, or open a user account with us;

1.1.2              When you enter into any agreement or provide other documentation or information in respect      of your interactions with us, or when you use our Platform;

1.1.3        When you interact with us, such as via telephone calls, letters, fax, face-to-face meetings, social media platforms and emails, including when you interact with our customer service agents;

1.1.4        When you use your electronic services or interact with us via our Platform. This includes, without limitation, through cookies which we may deploy when you interact with our Platform;

1.1.5              When you grant permissions on your device to share information with our Platform;

1.1.6        When you link your user account on the Platform with your social media or other external account or use other social media features, in accordance with the service provider’s policies.

 

1.2   We may collect your personal data from you, our affiliates, third parties, and from other sources, including without limitation business partners (such as platform development or payment service providers), credit bureaus or scoring agencies, marketing service providers or partners, referral or loyalty programs, other users of our services or publicly available or governmental sources of data.

 

1.3   In some cases, you may provide personal data of other individuals to us (such as your family members or friends or persons in your contact list). If you provide us with their personal data, you represent and warrant that you have obtained their consent for their personal data to be processed in accordance with this Privacy Policy.

 

2.     YOUR PERSONAL DATA WE COLLECT

2.1   Your personal data that we may collect:

·       full name;

·       email address;

·       billing and/or delivery address;

·       bank account and payment information;

·       telephone number;

·       home address as specified on identification card

·       information sent by or associated with the device(s) used to access our services on the Platform;

·       information about your network, including your contact list when you share permissions on your device, and the people and accounts you interact with;

·       photographs or audio or video recordings;

·       government issued identification or other information required for our due diligence, know your customer, identity verification, and/or fraud prevention purposes;

·       marketing and communications data, such as your preferences in receiving marketing from us and third parties, your communication preferences and history of communications with us, our service providers, and other third parties;

·       usage and transaction data, including details about your searches, orders, the advertising and content you interact with on the Platform, and other products and services related to you;

·       location data;

·       any other information about the User when the User signs up to use our services on the Platform, and when the User uses the services on the Platform, as well as information related to how the User uses our services on the Platform; and

·       aggregate data that the User provides to us via the Platform.

 

2.2   If you sign up to be a user of our Platform using your social media account (“Social Media Account”), link your user account to your Social Media Account or use any Platform social media features, we may access information about you which you have voluntarily provided to your Social Media Account provider in accordance with such provider's policies, and we will manage and use any such personal data in accordance with this Privacy Policy at all times.

 

3.     AUTOMATED PERSONAL DATA COLLECTION

3.1   As with most websites and mobile applications, your device sends information which may include data about you that gets logged by a web server when you browse our Platform. This typically includes without limitation your device’s Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), the pages you visit on our Platform and the times of visit, and sometimes a "cookie" (which can be disabled using your browser preferences) to help the site remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how Users use our Platform.

 

3.2   Our Platform may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc. We collect, use, disclose and/or process this information for one or more purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our Platform. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device's location services, please contact your mobile device service provider or the device manufacturer.

 

3.3   As and when you view pages on our Platform, and when you watch content and advertising and access other software on or through our Platform, such information may be sent to us (including, without limitation, IP Address, operating system, etc.); but, instead of page views, your device sends us information on the content, advertisement viewed and/or software installed by the Platform and time.

4.     PURPOSES OF PROCESSING YOUR PERSONAL DATA

4.1     to manage and proceed your request or transaction

4.2     to contact and provide our services to you

4.3     to grant you permission to access our Platform and use our services

4.4     for identity verification

4.5     to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Platform

4.6     to allow other Users to interact, connect with you or see some of your activities on the Platform, including to inform you when another User has sent you a private message, posted a comment for you on the Platform or connected with you using the social features on the Platform

4.7     to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyze how you use our services, to recommend products and/or services relevant to your interests, to improve our services or products and/or to enhance your customer experience

4.8     to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with our Platform

4.9     for marketing and advertising, to send you by various mediums and modes of communication marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom we may collaborate or tie up with) that we (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future. You can unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material and/or adjusting your settings in the Platform, as applicable. We may use your contact information to send newsletters or marketing materials from us and from our related companies 

4.10   to offer loyalty, partner and bonus programs and offers and other co-branded marketing efforts

4.11   to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction or where we have a good faith belief that such disclosure is necessary, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on Shopee or on its related corporations or affiliates (including, where applicable, the display of your name, contact details and company details)

4.12   to produce statistics and research for internal and statutory reporting and/or record-keeping requirements

4.13   to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us

4.14   to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction.

 

5.     RETENTION PERIOD

5.1   We will retain your personal data in accordance with PDPA and/or other applicable laws. We will destroy or anonymize your personal data when we have reasonably determined that:

5.1.1        the purpose for which that personal data was collected is no longer being served by the retention of such personal data;

5.1.2              retention is no longer necessary for any legal or business purposes; or

5.1.3              no other legitimate interests warrant further retention of such personal data.

 

5.2   If you cease using the Platform, or your permission to use the Platform is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under PDPA and/or other applicable laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

 

6.     DISCLOSURE TO THIRD PARTIES

6.1   In operating our Platform, we may need to use, process, disclose and/or transfer your personal data to our third-party service providers, agents and/or our affiliates or related corporations, and/or other third parties, which may be located in Thailand or outside of Thailand, for one or more of the above-stated purposes. Such third-party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated purposes. We endeavor to ensure that the third parties and our affiliates keep your personal data secure from unauthorized access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as your personal data is needed for the above-mentioned purposes. Such third parties include, without limitation:

6.1.1              our subsidiaries, affiliates and related corporations;

6.1.2              contractors, agents, service providers and other third parties we use to support our Platform;

6.1.3              governmental or regulatory authorities;

 

6.2   For the avoidance of doubt, in the event that PDPA or other applicable laws permit us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply. Consistent with the foregoing and subject to applicable law, we may use your personal data for recognized legal grounds including to comply with our legal obligations, to perform our contract with you, to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights, or where necessary in connection with a legal claim.

 

7.     PERSONAL DATA ON CHILDREN

The Platform is not intended for children under the age of 10. We do not knowingly collect or maintain any personal data or non-personally identifiable information from anyone under the age of 10 nor is any part of our Platform directed to children under the age of 10. As a parent or legal guardian, please do not allow such children under your care to submit personal data to our Platform. In the event that personal data of a child under the age of 10 in your care is disclosed to us, you hereby consent to the processing of the child’s personal data and accept and agree to be bound by this Privacy Policy on behalf of such a child. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted without parental consent by any child under the age of 10.

 

8.     CROSS-BORDER DATA TRANSFER

8.1   Your personal data may be transferred to, stored or processed outside of Thailand for one or more of the purposes. We will only transfer your personal data overseas in accordance with PDPA.

8.2   Your personal data may be transferred to our database which is stored on cloud server of Amazon Web Services located in Singapore. In this case, we will implement appropriate and reasonable security measures to safeguard your personal data in accordance with PDPA.

8.3   Our Platform uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your device, to help the Platform analyze how Users use the Platform. The information generated by the cookie about your use of the Platform (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Platform, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

 

9.     OUR SECURITY MEASURES

9.1   We secure your personal data in a controlled and secure environment which is protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against any unlawful or unauthorized access, use, modification, and disclosure of Personal Information under our control.

 

9.2   We cannot guarantee that your personal data or other information that you share to other platforms will be secured. We will implement security measures to safeguard your personal data which is under our control.  Your personal data will be stored in a secure server which is controlled by authorized personnel with confidentiality. When you use the services on our Platform, we recommend you access via a trustworthy server. Your personal data and sensitive personal data will be encrypted in our server which only authorized personnel with the password can access.

 

9.3   We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience, and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

 

10.   YOUR RIGHTS

10.1     Right to Withdraw Consent

If you have given consent to us to collect, use or disclose your personal data whether before or after the effective date of PDPA, you have the right to withdraw such consent at any time throughout the period your personal data is available to us, unless it is restricted by laws or you are still under beneficial contract.

 

However, the withdrawal of consent shall not affect the collection, use or disclosure of personal data which you have already given consent to legally. In addition, your withdrawal of consent may mean that we will not be able to continue providing the services to you and we may need to terminate your existing relationship and/or the contract you have with us.

 

10.2     Right to Access

You have the right to access your personal data that is under our responsibility, to request us to make a copy of such information for you, and to request us to clarify how we collect your personal data.

 

 

 

10.3     Right to Portability 

You have the right to obtain your personal data if we organize such information in automatic machine-readable or usable format and can be processed or disclosed by automatic means, to request us to send or transfer the Personal Information in such format directly to other data controllers if doable by automatic means, and to request to obtain the personal data in such format sent or transferred by us directly to other data controllers unless not technically feasible.

 

10.4     Right to Object

You have the right to object to the collection, use or disclosure of your personal data at any time in the following circumstances:

10.4.1     when personal data is collected with the exemption to consent requirements, such as for legitimate interest, or for public interest;

10.4.2     when personal data is collected, used, and disclosed for direct marketing purposes; or

10.4.3     when personal data is collected, used, and disclosed for the purposes of scientific, historical or statistic research.

 

10.5     Right to Destry or Erase 

You have the right to request us to erase, destroy or anonymize your personal data if you believe that the collection, use or disclosure of your personal data is against relevant laws, when retention of your personal data by us is no longer necessary in connection with related purposes under this Privacy Policy, or when you request to withdraw your consent or to object to the collection, use or disclosure as earlier specified.

 

10.6     Right to Restrict

You have the right to request us to suspend the processing of your personal data for a particular period in the following circumstances:

10.6.1     when we are under correction process in accordance with your request to ensure that your personal data remains accurate, up to date, complete, and not misleading;

10.6.2     when firstly you request to erase or destroy the personal data, but later you change a request to restrict the processing of such personal data instead;

10.6.3     when the retention of your personal data is no longer necessary in connection with related purposes under this Privacy Policy, but you request for further retention for the purposes of the establishment, compliance or exercise of legal claims, or defense of legal claims;

10.6.4     when we are under verification process in accordance with your request:

10.6.4.1      when you object the processing of your personal data in case that such personal data is collected without obtaining your consent and you deem that it is no longer necessary to process for the purposes of legitimate interest or public interest; or

10.6.4.2      when you object the processing of your personal data in case that such personal data is collected, used, or disclosed for scientific, historical or statistic research.

 

10.7     Right to Rectify

You have the right to rectify your personal data to be up-to-date, complete and not misleading.

 

10.8     Right to Lodge a Complaint

You have the right to lodge a complaint to the competent authorities pursuant to relevant laws if you believe that the collection, use or disclosure of your Personal Information by us is violating or not in compliance with relevant laws.

 

11.   CONTACT US

If you have any questions or concerns about our privacy practices, we welcome you to contact us by:

 

ESFY Company Limited       

Address:            959 Srinagarindra Road, Suan Luang, Bangkok, 10250

Tel:             093-939-7898

E-Mail:          support@prochang.com

 

Data Protection Officer

Address:            959 Srinagarindra Road, Suan Luang, Bangkok, 10250

Tel:             093-939-7898

E-Mail:          support@prochang.com

 

Effective on 06/07/2567

Latest Edited on 06/07/2567

Version 1.0