Cycling Track Management Social Enterprise Company Limited
We, Cycling Track Management Social Enterprise Company Limited (the “Company”), who manage Happy & Healthy Bike Lane, care about the privacy of our customers, thus, we provide this privacy notice to inform our customers of our policy in relation to the collection, use and disclosure of personal data of individual (“you”) in accordance with the Personal Data Protection Act B.E. 2562 (“PDPA”), relevant laws and regulations. This privacy notice informs you of how we collect, use or disclose your personal data, what and why we collect, use or disclose your personal data, how long we hold it, who we disclose it to, your rights, what steps we will take to make sure your personal data stays private and secure, and how you can contact us.
This privacy notice applies to:
(1) Our customers
· Individual customers: Our past and present customers who are individual.
· Corporate customers: Directors, shareholders, employees and legal representatives of our past and present corporate customers and counterparty, including other individuals authorised to act on their behalf. Our corporate customer shall ensure that the authorised persons and any of relevant individuals have acknowledged our privacy notice.
These include individuals who have no service holding with us, but we may need to collect, use or disclose your personal data e.g. investors; sponsors; anyone who makes a payment to or receives a payment from our customers; anyone that visits our website or our social media account; ultimate beneficial owner; debtors or tenants of our customers; professional advisors, including our directors, investors, shareholders and their legal representatives, and anyone involved in other transactions with us or our customers.
Please note that some of the links on our platform may lead to third party’s platforms, and if you access these platforms, your personal data will then be processed under the third party’s policies. Make sure that you have read those privacy notices when accessing such platforms.
1. How we collect, use or disclose your personal data
We only collect, use or disclose your personal data where it is necessary or there is a lawful basis for collecting, using or disclosing it. This includes where we collect, use or disclose your personal data based on the legitimate grounds of legal obligation, performance of contract made by you with us, our legitimate interests, performance under your consent and other lawful basis. Reasons for collecting, using or disclosing are provided below:
1.1 Our legal obligation
We are regulated by many laws, rules, regulations, and orders of any competent governmental, supervisory or regulatory authorities, and to fulfil our legal and regulatory requirements, it is necessary to collect, use or disclose your personal data for the following purposes, which include but not limited to:
a) compliance with the PDPA and any amendment thereof;
b) compliance with applicable laws; and/or
c) compliance with regulatory obligations and/or orders of authorized persons (e.g. orders by any court of competent jurisdiction or of governmental, supervisory or regulatory authorities or authorized officers).
1.2 Contract made by you with us
We will collect, use or disclose your personal data in accordance with the request and/or agreement made by you with us, for the following purposes, which include but not limited to:
a) process your request prior to entering into an agreement, consider for approval in relation to the provision of services, and deliver services to you, including any activities that if we do not proceed, then our operations or our services may be affected or may not be able to provide you with fair and ongoing services;
b) authenticate when entering into, doing or executing any transactions;
c) carry out your instructions (e.g. fulfilling an instruction for payment of goods and/or services or responding to your enquiries);
d) provide our services via internet network and other online platforms;
e) track or record your transactions;
f) produce reports (e.g. transaction reports requested by you or our internal reports);
g) recover the money which you owe (e.g. when you have not paid for outstanding fees); and/or
h) provide rental services for bikes, parts and accessories
1.3 Our legitimate interests
We rely on the basis of legitimate interests by considering our benefits or third party’s benefits with your fundamental rights in personal data which we will collect, use or disclose for the following purposes, which include but not limited to:
a) conduct our business operation (e.g. to conduct audits, to conduct risk managements, to monitor, prevent, and investigate fraud, money laundering, terrorism, misconduct, or other crimes);
b) conduct our relationship managements (e.g. to serve customers, to conduct customer survey, to handle complaints);
c) ensure security (e.g. to maintain CCTV records, to register, exchange identification card and/or take photo of visitors before entering into our buildings or Happy & Healthy Bike Lane, to monitor network activity logs and security incidents);
d) develop and improve our services and systems to enhance our services standard, use your personal data for the greatest benefits in fulfilling your needs, including to conduct research, analyse data and offer services and benefits suitable to you by considering the fundamental rights in your personal data;
e) record images and/or voices relating to the meetings, trainings, seminars, recreations or marketing activities; and/or
f) in case of our corporate customer, we will collect, use and disclose personal data of directors, authorized persons or attorneys.
1.4 Your consent
In certain cases, we may ask for your consent to collect, use or disclose your personal data to maximise your benefits and/or to enable us to provide services to fulfil your needs for the following purposes, which include but not limited to:
a) collect and use your personal data and any other data to conduct research and analyze for the greatest benefits in developing products and services to truly fulfil your needs and/or to contact you for offering products, services and benefits exclusively suitable to you;
b) send or transfer your personal data overseas, which may have inadequate personal data protection standards (unless the PDPA specifies that we may proceed without obtaining consent);
c) when you are classified as a minor, incompetent or quasi-incompetent whose consent must be given by their parent, guardian or curator (as the case may be) (unless the PDPA specifies that we may proceed without obtaining consent);
d) other activities which we may require your consent.
1.5 Other lawful basis
Apart from the lawful basis which we mentioned earlier, we may collect, use or disclose your personal data based on the following lawful basis:
a) prepare historical documents or archives for the public interest, or for purposes relating to research or statistics;
b) prevent or suppress a danger to a person’s life, body or health; and/or
c) necessary to carry out a public task, or for exercising official authority.
If the personal data we collect from you is required to meet our legal obligations or to enter into an agreement with you, we may not be able to provide (or continue to provide) some or all of our products and services to you if you do not provide such personal data when requested.
2. What personal data we collect, use or disclose
The type of personal data, namely personal data and sensitive personal data, which we collect, use or disclose, varies on the scope of products and/or services that you may have used or had an interest in. The type of personal data shall include but not limited to:
Examples of personal data
· Given name, middle name, surname, hidden name (if any)
· Date of birth
· Mailing address
· E-mail address
· Phone number
· Mobile number
· Name of representatives or authorised persons acting on behalf of our customers
· Social media accounts and other identifier for electronic communication
· Business address
· Business phone number
Identification and authentication details
· Identification number
· Identification card information
· Passport number
· Passport information
· Tax identification number
Financial details and data relating to your relationship with us
· Data relating to our services you use
· Channels you use and ways you interact with us
· Your customer status
· Your payment history, transaction records
· Data relating to your transactions (e.g. type, amount, price, quantity and other details in relation to your transactions)
· Payment details
Market research and marketing data
· Customer survey
· Details of services you receive and your preferences
· Inferences about you based on your interactions with us
· Communication preferences and details or content of your communications with us
· Data for due diligence checks in relation to customer required by laws
User login, subscription data, and profile details
· Login data for using our system or using online internet banking and/or any applications to execute transaction with us
· Username, password and other verification code
· Interests, preferences and activities
Data concerning security
· Visual images
· Personal appearance
· Detection of any suspicious and unusual activity
· CCTV images or recordings
· Video recordings
· Records of correspondence and other communications between you and us, in whatever manner and form, including but not limited to phone, email, live chat, instant messages and social media communications
· Data that you provide to us through any channels
3. Sources of your personal data
Normally, we will collect your personal data directly from you, but sometimes we may get it from other sources, in such case we will ensure the compliance with the PDPA. Personal data we collect from other sources may include but not limited to:
a) Information obtained by us from business partners and/or any other persons who we have relationship with;
b) Information obtained by us from persons related to you (e.g. your family, friends, referees);
c) Information obtained by us from corporate customers as you are director, authorised person, attorney, representative or contact person;
d) Information obtained by us from governmental authorities, regulatory authorities and/or third-party service providers (e.g. information that is publicly available, or that relates to transactions, credit information); and/or
e) Information obtained by us from insurance companies and/or other persons in relation to insurance policy or claim for compensation.
In case you have given any personal data of any other person to us for using our services or any purposes, you shall notify such person of the details relating to the collection, use and disclosure of personal data and rights under this privacy notice. In addition, you shall obtain consent from such person (if necessary) or relied on another legal basis to provide personal data to us.
4. Your rights
The PDPA aims to give you more control of your personal data. You can exercise your rights under the PDPA, details as specified below, through the channels prescribed by us:
4.1 Right to access and obtain copy of your personal data
You have the right to access and obtain copy of your personal data holding by us, unless we are entitled to reject your request under the laws or court orders, or if such request will adversely affect the rights and freedoms of other individuals.
4.2 Right to rectification of your personal data
You have the right to rectify your inaccurate personal data and to update your incomplete personal data.
4.3 Right to erasure of your personal data
You have the right to request us to delete, destroy or anonymise your personal data, unless there are certain circumstances where we have the legal grounds to reject your request.
4.4 Right to restrict the collection use or disclosure of your personal data
You have the right to request us to restrict the use of your personal data under certain circumstances (e.g. when we are pending examination process in accordance with your request to rectify your personal data or to object the collection, use or disclosure of your personal data, or you request to restrict the use of personal data instead of the deletion or destruction of personal data which is no longer necessary as you have necessity to retain it for the purposes of establishment, compliance, exercise or defense of legal claims).
4.5 Right to object the collection use or disclosure of your personal data
You have the right to object the collection, use or disclosure of your personal data in case we proceed with legitimate interests basis or for the purpose of direct marketing, or for the purpose of scientific, historical or statistic research, unless we have legitimate grounds to reject your request (e.g. we have compelling legitimate ground to collect, use or disclose your personal data, or the collection, use or disclosure of your personal data is carried out for the establishment, compliance, or exercise legal claims, or for the reason of our public interests).
4.6 Right to data portability
You have the right to receive your personal data in case we can arrange such personal data to be in the format which is readable or commonly used by ways of automatic tools or equipment, and can be used or disclosed by automated means. Also, you have the right to request us to send or transfer your personal data to third party, or to receive your personal data which we sent or transferred to third party, unless it is impossible to do so because of the technical circumstances, or we are entitled to legally reject your request.
4.7 Right to withdraw consent
You have the right to withdraw your consent that has been given to us at any time pursuant to the methods and means prescribed by us, unless the nature of consent does not allow such withdrawal. The withdrawal of consent will not affect the lawfulness of the collection, use, or disclosure of your personal data based on your consent before it was withdrawn.
4.8 Right to lodge a complaint
You have the right to make a complaint with the Personal Data Protection Committee or their office in the event that we do not comply with the PDPA.
5. How we share your personal data
We may disclose your personal data to the following parties under the provisions of the PDPA:
a) our business partners and/or other persons that we have the legal relationship, including our directors, executives, employees, staffs, contractors, representatives, advisors and/or such persons’ directors, executives, employees, staffs, contractors, representatives, advisors;
b) governmental authorities and/or supervisory or regulatory authorities (e.g. the Social Enterprise Promotion Committee, the Securities and Exchange Commission, Ministry of Digital Economy and Society and Airports of Thailand PLC.);
c) suppliers, agents and other entities (e.g. external auditors, depositories, document warehouses, financial institutions and clearing houses) where the disclosure of your personal data has a specific purpose and under lawful basis, as well as appropriate security measures;
d) any relevant persons as a result of activities relating to selling rights of claims and/or assets, restructuring or acquisition of any of our entities, where we may transfer their rights to; any persons with whom we are required to share data for a proposed sale, reorganisation, transfer, financial arrangement, asset disposal or other transaction relating to our business and/or assets held by our business;
e) debt collection agencies, lawyers, credit bureau, fraud prevention agencies, courts, authorities or any persons whom we are required or permitted by laws, regulations, or orders to share personal data;
f) third parties providing services to us;
g) other persons that provide you with benefits or services associated with your services (e.g. insurance company); and/or
h) your attorney, sub-attorney, authorized persons or legal representatives who have lawfully authorized power.
6. International transfer of personal data
Due to the nature of our current business under certain circumstances, it is necessary for us to send or transfer your personal data internationally. When sending or transferring your personal data, we will always exercise our best effort to have your personal data transferred to our reliable business partners, service providers or other recipients by the safest method in order to maintain and protect the security of your personal data
If the destination countries do not have adequate data protection standard, we will proceed to transfer personal data as specified by the PDPA and will put in place the protection measures of such personal data as necessary and appropriate.
7. Retention period of personal data
We will maintain and keep your personal data while you are our customer and once you has ended the relationship with us (e.g. in case of your application to use our services is disapproved, or we terminate the provision of services or you terminated the services provided by us), we will only keep your personal data for a period of time that is appropriate and necessary for each type of personal data and for the purposes as specified by the PDPA.
The period we keep your personal data will be linked to the prescription period or the period under the relevant laws and regulations . In addition, we may need to retain records of CCTV surveillance in our office, the Happy & Healthy Bike Lane and/or voice records to prevent fraud and to ensure security, including investigating suspicious transactions which you or related persons may inform us.
8. Use of personal data for original purposes
We are entitled to continue collecting and using your personal data, which has previously been collected by us before the effectiveness of the PDPA in relation to the collection, use and disclosure of personal data, in accordance with the original purposes. If you do not wish us to continue collecting and using your personal data, you may notify us to withdraw your consent at any time.
We endeavour to ensure the security of your personal data through our internal security measures and strict policy enforcement. The measures extend from data encryption to firewalls. We also require our staff and third-party contractors to follow our applicable privacy standards and policies and to exercise due care and measures when using, sending or transferring your personal data.
10. How to contact us
If you have any questions or would like more details about our privacy notice, please contact us through the following channels:
· Cycling Track Management Social Enterprise Company Limited
our head office located at 999/1 Moo 1 Suvarnabhumi 4 Road, Nongprue Sub-district, Bang Phli District, Samutprakarn 10540.
· our Data Protection Officer by writing to E-mail: [email protected] or our address as specified above.
If you would like to exercise your rights in accordance with PDPA, please contact us through channels specified above.
11. Changes to this privacy notice
We may change or update this privacy notice from time to time and we will inform the updated privacy notice at our website www.hhblbikelane.com
Version June 2022