PERSONAL DATA PRIVACY NOTICE FOR PROCESSES RELATED TO CUSTOMERS OF AMAZING PHUKET PROPERTY
1. General Provisions For the purpose of complying with the Personal Data Protection Act B.E. 2562 (2019) and subordinate laws issued thereunder, including any amendment which may be made thereto, (“Laws on Personal Data Protection”), Amazing Phuket Property and its subsidiaries (“APP”, “us”, “we” or “our”) have prepared this personal data privacy notice for processes related to customers of Amazing Phuket Property (“Privacy Notice”) to inform you regarding how Amazing Phuket Property handles information which can or may identify you, whether directly or indirectly, according to the Laws on Personal Data Protection (“Personal Data”), for instance, the methods by which Personal Data is collected, used, disclosed or dealt with, whether by manual or automated means, such as recording, organization, storage, adaptation or alteration, retrieval, sending, transfer, disclosure or making available by any means, sorting, combination, restriction on or prohibition of access, erasure or destruction (“Processing”, “Process”, “Processes” or “Processed”), as well as to notify you of the purposes for such Processing, the retention period of Personal Data and your rights as the data subject. In this regard, Amazing Phuket Property recommends that you read and understand the following terms under the Privacy Notice
2. About Amazing Phuket Property Amazing Phuket Property is an independent real estate agency run by Amnart ‘Am’ Munpanklang, from Phuket and Jeremy Khan from England. Am grew up in Phuket and has a background in property management for private villa owners. Am uses this accumulated experience to advise buyers on which aspects of a property make them good long term purchases and how to keep a property in tip top condition. Am has a proven track record in putting in place professional villa management and rental programmes for owners.
Jeremy has lived in Thailand since 1995 and worked in Phuket real estate from 2001 with Phuket’s first foreign real estate agent and private developer of the modern era, William Pinsent at Kalim Beachfront near the White Box Restaurant. Many of Phuket’s first wave of foreign buyers from the mid 1980s onwards bought with William and his family at Phuket Land.
Amazing Phuket Property was begun in 2010 by Am and Jeremy and has specialised in quality oceanfront and near ocean property resales ever since. For more information, please visit: www.amazingphuketproperty.com If you have any questions or would like to exercise your rights as set out in this Privacy Notice, you may contact Amazing Phuket Property using the contact details provided below:
Email: jeremy@amazingphuketproperty.com
Phone: +66 81 891 6174
Data Protection Officer:
Email: jeremy@amazingphuketproperty.com
Phone: +66 81 891 6174
3. Groups or Categories of Persons Whom Amazing Phuket Property Collects Personal Data Under this Privacy Notice, groups or categories of persons from whom Amazing Phuket Property collects and Processes Personal Data are as follows:
- Customers which means persons who purchase products and/or use services of Amazing Phuket Property or those who are expected to purchase products and/or use services of Amazing Phuket Property (prospective customers), or any other persons having similar characteristics, such as business operators that purchase products and/or use services of Amazing Phuket Property, participants in the marketing activities, including competitions and campaigns, gift voucher recipients, website users, persons who make contact to request to receive information or services from Amazing Phuket Property, and persons who provide responses to surveys concerning the products and/or services of Amazing Phuket Property, etc.
- Persons related to customers which means persons who are related to or are representatives or personnel of juristic persons that are the customers or may become the customers of Amazing Phuket Property, such as directors, executives, employees, staff, representatives or personnel of customers who are juristic persons, including persons whose Personal Data appear in relevant documents and processes, such as witnesses, purchasers, consignees and cheque payers, etc.
4. Personal Data Related to Minors Amazing Phuket Property is not directed and intended for Processing of Personal Data of anyone under the age of 20 (“Minors”). Please do not allow your Minors to submit Personal Data to Amazing Phuket Property. We do not knowingly collect Personal Data from anyone under the age of 20. If you are a parent or guardian and you are aware that your Minors have provided us with Personal Data, please contact us by using the contact details set out in Clause 2 of this Privacy Notice. If we become aware that we have collected Personal Data of Minors, we take steps to remove that Personal Data from our possession and storage.
5. Collected Personal Data Your Personal Data that is collected and Processed under this Privacy Notice, regardless of whether such Personal Data was directly provided by you to Amazing Phuket Property or automatically collected from you by Amazing Phuket Property, or was provided to Amazing Phuket Property by other sources or third parties, includes the following:
- – Personal information, such as first name, last name, gender, date of birth, identification number, passport number, photograph, occupation and signature, etc.
- – Contact information, such as type of residence, address, mailing address, delivery address, telephone number, fax number, e-mail, and user IDs and accounts for various applications for communications or other social media (e.g., Facebook, Twitter, Line and Instagram) etc
- – Customer business information, such as name and address of the company you are affiliated with, and position, etc.
- – Information concerning transaction, such as transaction data, photos of installation place, schedule of works, drawing, customer code, purchase amount, bank account details, Personal Data which appears in the invoice, tax invoice, and receipt, and details of complaints concerning products and services (e.g., date of order, type of product, relevant branch and the problem that is found), etc.
- – Information that is used as supporting evidence for the execution of transactions, such as Personal Data which appears in a copy of the national identification card, copy of passport, power of attorney, copy of company affidavit, copy of bank account, map, and sale and purchase agreement or any other agreements relating to the transaction, etc.
- – Sensitive personal data, such as religion, and health data including body temperature, etc.
- – Technical information, such as log file, IP Address, browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data, and information that Amazing Phuket Property collects through the use of Cookies or other similar technologies, etc.
- – Other information, such as preferred brands, interested products and services, behaviors or trends to purchase products and/or services, photo and video recording by means of CCTV, and record of visitors including license plate number and time in and out, etc.
6. How Amazing Phuket Property Collects and Receives Your Personal Data Amazing Phuket Property collects and receives your Personal Data via the following methods: Personal Data which you directly provide to Amazing Phuket Property You may directly provide your Personal Data to Amazing Phuket Property, such as:
- When you contact, inquire, express an opinion or comment, submit a complaint to Amazing Phuket Property, whether in written or oral communications by face-to-face interaction or by contact at the place of business of Amazing Phuket Property, or by any other channels, such as by telephone, fax, e-mail, mail, website, application for communication or any other media platforms;
- When you express an intention to purchase products or use services of Amazing Phuket Property, enter into a contract with Amazing Phuket Property or deliver documents containing Personal Data to Amazing Phuket Property; and
- When you participate in marketing activities, competitions, campaigns, events or any other activities organized by or on behalf of Amazing Phuket Property, etc.
Personal Data which Amazing Phuket Property automatically collects from you Amazing Phuket Property may collect your Personal Data by automated means, such as the use of Cookies or other similar technologies. For more details, please see Amazing Phuket Property Cookie Policy. Personal Data which Amazing Phuket Property receives from other sources or third parties Amazing Phuket Property may receive your Personal Data from other sources or third parties, such as:
- In case the customer is a juristic person, Amazing Phuket Property may receive your Personal Data from contact persons, representatives or personnel of the juristic person that you affiliated;
- Business partners or service providers of Amazing Phuket Property, such as digital payment platform operators, food delivery platform operators, POS restaurant management system operators, delivery service providers, website service providers, application service providers, property developers, designers, interior design and decoration companies, and suppliers, etc.;
- Designers and interior design and decoration companies that you have contacted or engaged;
- Companies under Amazing Phuket Property;
- Government agencies, such as Department of Business Development; and
- In some cases, Amazing Phuket Property may collect your Personal Data from public data sources, data sources containing information relating to your business or sources containing information relating to trades, irrespective of whether you have disclosed the Personal Data by yourself or have provided consent to somebody else to disclose such Personal Data, etc.
In collecting your Personal Data, you will be informed of the details as set out in this Privacy Notice, including but not limited to, the purposes and lawful bases for the collection, use, disclosure and/or Processing of Personal Data, or in the event that the Laws on Personal Data Protection require your consent for any Processing of Personal Data, Amazing Phuket Property will explicitly request your consent. Where Amazing Phuket Property has previously collected your Personal Data before the Laws on Personal Data Protection have become effective, Amazing Phuket Property will continue to collect and use your Personal Data in accordance with the original purposes of collection. Nevertheless, after the Laws on Personal Data Protection in respect of the collection, use or disclosure of Personal Data have taken effect, if you do not wish for Amazing Phuket Property to collect and use your Personal Data and if Amazing Phuket Property has relied on your consent as a basis in Processing your Personal Data, you may contact Amazing Phuket Property using the contact details set out in Clause 2 of this Privacy Notice to request for the withdrawal of your consent. To this end, Amazing Phuket Property reserves the right to consider your request for the withdrawal of consent and proceed in accordance with the Laws on Personal Data Protection.
“7. Purposes and Lawful Bases for the Processing of Personal Data Amazing Phuket Property Processes your Personal Data for the purposes under lawful basis as follows (collectively, the “Purposes”):
| No. | Purposes | Lawful Bases of the Processing |
|---|---|---|
| (a) | For the purpose of verifying the identification of customers or persons related to customers. |
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| (b) | For the purpose of creating accounts for customers. |
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| (c) | For the purpose of managing customer orders, providing contracts, and performing obligations under the contract between Amazing Phuket Property and customers. |
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| (d) | For the purpose of providing customers care and support. |
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| (e) | For the purpose of receiving complaints from customers or persons related to the customers. |
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| (f) | For the purpose of informing news or publicizing products, services or activities. |
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| (g) | For the purpose of arranging marketing activities. |
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| (h) | For the purpose of developing quality of the products and services, analysis and planning of marketing strategies. |
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| (i) | For the purpose of internal and external audit, and analysis of various information that is necessary for business operations of Amazing Phuket Property. |
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| (j) | For the purpose of the compliance with the laws relating to Amazing Phuket Property’s business and legitimate orders of courts, government agencies and relevant officers. |
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| (k) | For the purpose of establishment of legal claims, proceeding in accordance with and exercise of claims, or raising arguments to defend claims pursuant to the laws. |
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| (l) | For the purpose of monitoring and ensuring the security of persons and properties of Amazing Phuket Property. |
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| (m) | For any transaction that is necessary and beneficial to Amazing Phuket Property or other persons or juristic persons which are directly related to the purposes set forth above. |
In this regard, where the Laws on Personal Data Protection require your consent for any Processing of Personal Data, Amazing Phuket Property will explicitly request the consent from you. |
| (n) | For other purposes of which Amazing Phuket Property will notify you. |
In this regard, where the Laws on Personal Data Protection require your consent for any Processing of Personal Data, Amazing Phuket Property will explicitly request the consent from you. |
Your Personal Data which Amazing Phuket Property will Process for the Purposes set forth in Clause 7.1 above that relate to the compliance with laws or contracts or are necessary for entering into contracts with you, is the data which is necessary for the achievement of the said Purposes. If you do not intend to provide such Personal Data to Amazing Phuket Property, there may be legal implications or Amazing Phuket Property may not be able to perform its duties pursuant to the contract which has been entered into with you or may not be able to enter into a contract with you (as the case may be). In such event, it may be necessary for Amazing Phuket Property to decline to enter into the contract with you or to cancel the sale and purchase or services related to you, whether in whole or in part. In the event that Amazing Phuket Property will Process your Personal Data in a manner and/or for purposes which are not consistent with the Purposes set forth above, Amazing Phuket Property will put in place additional policies or notifications for the protection of Personal Data to provide explanations concerning such Processing of Personal Data. In this regard, you should review such additional policies or notifications in conjunction with this Privacy Notice (as the case may be).
8. Disclosure of Personal Data Amazing Phuket Property may disclose your Personal Data in accordance with the Purposes and the rules prescribed under the laws to the following persons and entities:
- Companies in Amazing Phuket Property, including directors, executives, staff, employees and/or relevant in-house personnel, and as necessary on a need-to-know basis for the Processing of your Personal Data.
- Business partners, service providers, suppliers, and data processors designated or hired by Amazing Phuket Property to perform duties in connection with the management/Processing of Personal Data for Amazing Phuket Property in the provision of various services, such as information technological services, website management services, cloud services, document depository services, payment services, printing services, mailing services, delivery services, freight forwarding services, shipping services, installation services, repair services, data analytics services, marketing services, remarketing services, bank, or any other services which may be beneficial to you or relevant to Amazing Phuket Property’s business operations, etc.
- Designers and interior design and decoration companies that you have contacted or engaged;
- Advisors of Amazing Phuket Property, such as legal advisors, lawyers, auditors, or any other internal and external experts of Amazing Phuket Property.
- Court and relevant governmental agencies which have supervisory duties under the laws or which have requested the disclosure pursuant to their lawful powers or relevant to the legal process or which were granted permission pursuant to applicable laws, such as Ministry of Commerce, Revenue Department, Customs Department, Department of Disease Control, Office of the Personal Data Protection Commission, Royal Thai Police and Office of the Attorney General, etc.
- Any persons or other entities that you have given consent to disclose your Personal Data to, such as the disclosure of processed images of activities through various media platforms of Amazing Phuket Property to the general public.
- The disclosure of your Personal Data to third parties shall be in accordance with the Purposes or other purposes permitted by law, provided that if the law requires your consent to be provided, Amazing Phuket Property will request for your prior consent.
- In the event that Amazing Phuket Property discloses your Personal Data to third parties, Amazing Phuket Property will put in place appropriate safeguards to protect the Personal Data that has been disclosed and to comply with the standards and duties relating to the protection of Personal Data as prescribed by the Laws on Personal Data Protection. Where Amazing Phuket Property sends or transfers your Personal Data outside Thailand, Amazing Phuket Property will ensure that the recipient country, the international organization or such overseas recipient has a sufficient standard for the protection of Personal Data or such transfers of your Personal Data outside Thailand have been carried out in accordance with the Laws on Personal Data Protection. In some cases, Amazing Phuket Property may request your consent for the transfer of your Personal Data outside Thailand, subject to the requirements under the Laws on Personal Data Protection.
9. Retention Period
- Amazing Phuket Property will retain your Personal Data for the period necessary to fulfill the Purposes for which the Personal Data was Processed, whereby the retention period will vary depending on the Purposes for which such Personal Data was collected and Processed. Amazing Phuket Property will retain Personal Data for the period prescribed under the applicable laws (if any) by considering the statute of limitations under the laws for any legal proceedings that may occur from or in relation to the documents or Personal Data collected by Amazing Phuket Property and having regard to Amazing Phuket Property’s business practices and relevant business in relation to each category of Personal Data.
- In this regard, Amazing Phuket Property will retain your Personal Data for a period not exceeding 10 years, starting from the date your legal relations/transactions with Amazing Phuket Property come to an end. However, Amazing Phuket Property may retain your Personal Data for a longer period of such time prescribed if the laws permit or such retention of Personal Data is necessary for the establishment of the right of claim of Amazing Phuket Property.
- After the period of time set forth above has expired, Amazing Phuket Property will delete or destroy such Personal Data from the storage or system of Amazing Phuket Property and other persons providing services to Amazing Phuket Property (if any) or anonymize your Personal Data, unless in the event that Amazing Phuket Property can continue to retain such Personal Data as prescribed by the Laws on Personal Data Protection or other applicable laws. In this regard, for additional details regarding the retention period of your Personal Data, you can contact Amazing Phuket Property by using the contact details set out in Clause 2 of this Privacy Notice.
10. Your Rights in Relation to Personal Data As the data subject, you have the following rights in relation to your Personal Data, subject to the rules, methods and conditions under the Laws on Personal Data Protection. In this regard, if you wish to make a request to exercise your rights, you can contact Amazing Phuket Property by using the contact details set out in Clause 2 of this Privacy Notice.
- Right of Access You have the right to access your Personal Data and may request that Amazing Phuket Property provide you with a copy of such Personal Data in accordance with the requirements under the Laws on Personal Data Protection.
- Right to Data Portability You have the right to obtain your Personal Data, including to request that your Personal Data is transmitted to another data controller or to you, except where it is technically unfeasible, in accordance with the requirements under the Laws on Personal Data Protection.
- Right to Object You have the right to raise an objection to the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
- Right to Erasure You may request that Amazing Phuket Property delete, destroy or anonymize your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
- Right to Restriction You have the right to request that Amazing Phuket Property restrict the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
- Right to Rectification You have the right to request that your Personal Data be rectified if the Personal Data is inaccurate, not up-to-date or incomplete, or may cause a misunderstanding.
- Right to Withdraw Consent If Amazing Phuket Property relies on your consent as the legal basis for Processing your Personal Data, you have the right to withdraw such consent which has been provided to Amazing Phuket Property at any time.
- Right to Lodge a Complaint If you have any concerns or questions about any aspect of Amazing Phuket Property’s practices in relation to your Personal Data, please contact Amazing Phuket Property using the contact details set out in Clause 2 of this Privacy Notice. Where there is reason to believe that Amazing Phuket Property is in breach of Laws on Personal Data Protection, you have the right to lodge a complaint to the expert committee appointed by the Personal Data Protection Commission in accordance with the rules and methods prescribed under the Laws on Personal Data Protection. To this end, Amazing Phuket Property reserves the right to consider your request to exercise your rights and act in accordance with the requirements under the Laws on Personal Data Protection.
11. Changes to This Privacy Notice Amazing Phuket Property may make changes to this Privacy Notice from time to time to reflect any changes to our Processing of your Personal Data and to comply with any changes to the Laws on Personal Data Protection or any applicable laws. In this regard, Amazing Phuket Property will notify you of any significant changes to the Privacy Notice and the amended Privacy Notice through appropriate means and/or post the amended Privacy Notice on Amazing Phuket Property’s website https://amazingphuketproperty.com/privacy-policy/. Amazing Phuket Property encourages you to review such communication periodically in order to be aware of any changes made to this Privacy Notice. This Privacy Notice shall be effective from May 31, 2022. Last updated on August 11th, 2022