In order to act in a transparent manner in relation to the activities of collection, use, disclosure and/ or overseas transfer of personal data in compliance with PDPA, SW Tech and Media Company Limited (the “Company” or “we” or “us” or “our”) has provided the privacy policy to the customers as follows:
Categories of the data subject under this privacy policy are as follows;
This Privacy Policy will apply to the collection, use, disclosure and/or overseas transfer of your personal data. The Company may collect such personal data through various channels, for example, websites, mobile applications, online social networks (e.g., LINE, Facebook, and Twitter), telephone, fax, online communication channels (e.g., email), one-to-one communication, letters, questionnaires, business cards, postcards, meetings, events, customer visits, or from other sources (e.g., online platforms or other public sources), or through affiliated companies, subsidiaries, selected business alliances, government agencies, third parties, and other places and/or other communication channels whereby the Company collects your personal data. Please read this Privacy Policy along with the terms and conditions of the services you use, which may have separate terms regarding the collection, use, disclosure, and/or overseas transfer of your personal data.
The Company’s procedures for the collection of personal data
Personal data collected by the Company
Categories of customers and personal data which are collected by the Company
The Company may collect your personal data. The types of personal data collected by the Company depend on the relationship between the Company and you, the types of products or services that you want to receive from the Company, and the types of your personal data. The details are as follows:
Individual customers, Persons having relationship with the Company.
Persons related to the Company’s corporate customers and Person contacting the Company in other
Personal data of third party
If you provide the Company with personal data, such as first name, last name, address, telephone number of emergency contact and debt collection, and income of a family member, of third parties, such as guarantors, executives, authorities, authorized persons, directors, shareholders, staff members, employees, settlors and trustees, representatives, persons in the control line or ownership, co-owners, and other persons who are not customers of the Company, and any other persons that you have relationship with respect to your relationship with the Company, please inform them of this Privacy Policy for acknowledgement and request consent if necessary or as required by law for disclosure of personal data of third parties to the Company.
Personal data of minors, quasi-incompetent persons and incompetent persons
The Company collects personal data relating to a minor, a quasi-incompetent person and an incompetent person only when the Company receives consent from a guardian or a curator. The Company has no intention of collecting personal data of a person aged under 20 years old without consent from a legal guardian, or of a quasi-incompetent and incompetent person without consent from the curator. If it is found that the Company has intentionally collect personal information of such persons without consent, the Company will immediately delete such personal data or will collect, use, disclose, and/or transfer the personal data overseas only on other lawful basis other than a consent or to extent permitted by law.
The purpose of collection, use, disclosure and/or overseas transfer of your personal data
We may collect, use, disclose and/or transfer your personal data and sensitive personal data overseas for the following purposes:
The purposes for which your consent is obtained
We will collect, use, disclose, and/or transfer your personal data overseas by relying on the consent which you have given us via our service channels, e.g., mobile applications, in case where we could not rely on any other lawful bases listed in Clause 2.2, for the following purposes
Offering of products and services: We may collect, use, disclose, and/or transfer your personal data (e.g., first name, last name, telephone number, and/or other data as necessary) overseas, so that you do not miss any benefits, news, product and service promotions, as well as marketing and communication activities, analytics for personalized marketing, marketing advertisement, sales, special offers, news, press releases, promotions and presentations of the products and services of the Company, and our selected business alliances only in case where we legally requires your consent. Please see more details on marketing communications in Clause 4.
Statistical analysis, data analytics, research and development, and product or service improvement: We may collect, use, disclose, and/or transfer your personal data (e.g., first name, last name, telephone number, and/or other data) overseas only as necessary for our data analytics, research and development, product or service improvement, profiling, risk management and assessment, only in case where we legally requires your consent. Please see more details on data analytics in Clause 4.
Sensitive personal data: In certain cases where it is necessary and inevitable, we may use your sensitive personal data for the following purposes:
In this respect, we may, without notifying you, cross out or mask your sensitive personal data (e.g., religion, race) which appear on identification documents contracts, or supporting documents for the use of products and/or services, or we may ask you to cross out or mask such sensitive personal data yourself.
In case where we must obtain your consent for other activities relating to the collection, use, disclose, and/or transfer of personal data, we will request your consent for such activities on a case-by-case basis.
If the lawful basis we rely on is consent, you have the right to withdraw your consent any time by contacting us via SW Tech and Media Telephone number 02 619 1150. The withdrawal of consent will not affect the collection, use, disclosure, and/or overseas transfer of your personal data and sensitive personal data that you had given your consent prior to such withdrawal.
Other purpose and other lawful bases for collection, use, disclosure and/or overseas transfer of your personal data
When collecting, using, disclosing, and/or transferring your personal data overseas for the purposes listed below, the Company will rely on lawful bases of legitimate interest, entering into and performing the contract, legal obligations, or other lawful bases permissible by PDPA, as the case may be, depending on the relationship between you and the Company and the Company’s services you use.
Management of sensitive personal data collected by the Company prior to the effective date of the PDPA
If you are an existing customer of the Company prior to the effective date of the PDPA, the Company might have collected your sensitive personal data, such as (1) religion, (2) race, (3) disability, and (4) sensitive personal data for using the products and/or other services. This is for the collection of documentary evidence only; the Company will not use such sensitive personal data for other purposes.
Who does the Company disclose or transfer your personal data to?
The Company recognizes the importance of your personal data’s security and intentions; therefore, the Company has measures in place to prevent other parties from misusing your personal data. Nevertheless, in the Company’s operation, it may be necessary for the Company to disclose your personal data to other parties under the name or instructions of other parties, or in the Company’s own name. The Company may disclose or transfer your personal data to the third parties listed below. The collection, use or disclosure and/or overseas transfer of personal data are for the purposes under this Privacy Policy. These third parties may be located in Thailand or abroad. You can read the privacy policies of such third parties in order to understand the details regarding how they collect, use, disclosure, and/or transfer your personal data overseas, since you are also their data subject under their privacy policies.
Affiliates
The Company may have to disclose your personal data for the purposes specified in Clause 2 herein, to the Company’s affiliates. The disclosure of your personal data to such affiliates will allow them to rely on your consent obtained by the Company.
The Company’s Service providers
The Company may outsource the Company’s services to companies, representatives, or contractors or have them assist the Company in operating the business, providing you with products and services, and performing any activities for your benefits. The Company may share your personal data to third-party service providers, service provider representatives, business facilitators, subcontractors, and service providers or suppliers that support the Company’s services, including but not limited to
(1) internet service providers, software developers, website developers, digital media, information technology service providers and service providers of digital products, such as developers and operators of digital platforms and other technological services (Platform as a Service), applications, any other work systems, and identity proof and authentication services for the Company,(2) logistics and transportation service providers,(3) payment and payment system service providers,(4) research service providers,(5) analytics service providers,(6) survey service providers, (7) auditors, (8) customer contact centers, (9) marketing, advertising, design, creative and communication service providers, (10) event, campaign, marketing event, and customer relationship management service providers, (11) telecommunications service providers, (12) administrative service providers, (13) cloud storage service providers, (14) printing service providers, (15) lawyers, legal counsels for the Company’s benefits, including exercising legal claims and defending against legal claims, auditors and/or other professionals assisting in the Company’s business operations, and (16) document storage and/or disposal service providers.
During the provision of such services, the service providers may have the right to access your personal data, however the Company will only provide to the service providers the personal data necessary for them to provide the services. The Company will also ensure that the service providers protect the security of your personal data in compliance with the law.
The Company’s selected business alliances and other agencies
The Company may transfer your personal data to the Company’s selected business alliances for the purposes of conducting business and providing services to the Company’s customers and potential customers. Such business alliances and agencies may include but not limited to data entry companies, payment service providers, data analytics service providers, market analysis service providers, financial transaction service providers, business alliances with whom the Company launch products (such as co-branding alliances), co-developer or co-service provider for any part of any platform, business alliances who allow the Company to connect to their databases and systems, and provide assistance to the platform’s users, and other supporters.
If you are interested in privileges and offers of products or services provided by the Company’s selected business alliances via the Company’s channels, it is necessary for the Company to use and disclose your personal data on a need-to-know basis to the Company’s selected business alliances so that you can receive such offers or privileges. If required by any relevant laws, the Company will request your consent, and you may withdraw the consent you have given at any time by following the steps stated in this Privacy Policy.
Third parties as specified by laws
In the cases where the Company believes it is necessary to comply with the laws or to protect the Company’s rights, the rights of third parties or for the security of persons or for inspection, security, safety, including any other risks, the Company may have to disclose your personal data in order to comply with the laws as well as orders issued by laws and law enforcement agencies, courts, Legal Execution Department, authorities, government agencies, or other third parties.
Associations and clubs
In some cases, the Company may have to disclose your personal data to relevant institutions, associations or clubs, to protect the Company’s rights, the rights of third parties, and the safety of persons, or to investigate, prevent, security, safety, and any other risks.
Assignees
In case of a business reorganization, merger and acquisition, business transfer, whether in entirety or in part, sale, purchase, joint venture, grant, or transfer part or all of business, assets, shares, or other similar transactions, the Company will have to disclose your personal data to third parties who have been assigned or wish to be assignees of the Company. In this respect, the Company will ensure that such third parties will comply with this Privacy Policy at all times when there is a collection, use or disclosure and/or overseas transfer of your personal data.
Third parties
The Company may have to disclose your personal data under the lawful basis according to the purposes specified in this Privacy Policy to other third parties, such as representative companies, partner companies, other companies, other customers, other persons as legally referred to, members of digital identity verification system, and service providers of digital identity verification system, as the case may be.
Marketing communications and data analytics
Marketing communications
The Company may collect your personal data such as first name, last name, telephone number, and/or other data only as necessary, which may be obtained directly from you or from other sources (such as via affiliates, selected business alliances, government agencies, or third parties), to offer the products and services of the Company and the Company's selected business alliances via various channels such as websites, social media, etc.
Generally, the Company conducts activities relating to marketing and communication, marketing advertisement, sales, special offers, news, press releases, promotions and presentations of products and services of the Company and selected business alliances, and other legal persons by mainly relying on the lawful basis of legitimate interests and/or entering into and performing the contract. Please note that the Company will recognize your privacy and benefits as priority. The Company will select marketing activities which is appropriate for you and your interests, so that you may receive benefits from the Company, in the event that you have made your interests in any products or services known, or you have previously purchased products or receive services from the Company, the Company’s affiliates, and the Company's selected business alliances. For example, if you are a customer who uses the Company’s financial products, you may receive the Company’s marketing communications offering the same products and services, or other products and services of the Company and the Company’s selected business alliances. When you request any services or inquire the details of any services, we will send such details to you as per your request, for instance, when you request the details of the Company’s other products via the Company’s website for the Company to contact you. You may receive communication via websites, social media, or any other channels specified by the Company. Please see the details of the usage and the purposes of the collection, use, disclosure, and/or overseas transfer of your personal data under the legal bases of performance of contract and/or legitimate interests under personal data protection laws in Clause 2.2 (6).
In certain cases, the Company will request your consent prior to sending certain marketing communications and marketing materials where the Company could not rely on other lawful bases, such as for the marketing of products and services of third parties, which may be beyond your expectation. Please see the details of the usage and the purposes of the collection, use, and/or disclosure, of your personal data under the lawful basis of consent in Clause 2.1 (1).
Therefore, the Company may rely on the lawful bases of contract, legitimate interests, and/or consent for the Company’s marketing activities, depending on each case. Nevertheless, you have the rights to object or withdraw your consent if you do not wish to receive marketing communications from the Company by following the steps stated in this Privacy Policy.
Data analytics
The Company may collect your personal data such as first name, last name, telephone number, and/or other data only as necessary, which may be obtained directly from you or from other sources (such as via affiliates, selected business alliances, government agencies, or third parties), for statistical analysis, data analytics, research and development, and improving the Company’s products or services.
Generally, the Company conducts activities relating to marketing research, analysis, statistical analysis, profiling, model simulation and a development of services, products, distribution, systems, geographic structure, and conducting business by mainly relying on the lawful basis of your legitimate interests. The Company will be designing and developing products and services, launching strategies and campaigns of the products of the Company to meet your needs, improving the efficiency of business and adjusting the content of the Company to better match your preferences. The Company will also assess and manage risks within your expectation. The Company may connect your data on various platforms owned or related to the Company in order to provide services to you continuously and seamlessly. For example, the Company may analyze your service usage data and the feedback you provide after using the Company’s various platforms for the purpose of developing and designing new products or services or improving existing products and services of the Company to better meet the market’s conditions and consumer’s needs, and the Company may analyze the data for the purpose of forecasting market trends, etc. Please see the details of the usage and the purposes of the collection, use, disclosure, and/or overseas transfer of your personal data under the legal bases of contract and/or legitimate interests under personal data protection laws in Clause 2.2 (8).
In certain cases, the Company will request your consent prior to conducting certain data analytics where the Company could not rely on other lawful bases, such as the analytics for developing and designing the Company’s new products or services, by collecting data from other sources which is beyond your expectation. Please see the details of the usage and the purposes of the collection, use, and/or disclosure of your personal data under the lawful basis of consent in Clause 2.1 (2). Therefore, the Company may rely on the lawful bases of legitimate interests and/or consent for statistical analysis, data analytics, research and development, and improving the Company’s products or services, depending on each case. Nevertheless, you have the rights to object or withdraw your consent if you do not want the Company to conduct data analytics on your personal data by following the steps stated in this Privacy Policy.
Overseas transfer of your personal data
The Company may transfer your personal data from Thailand to other countries which may have a different standard of personal data protection than that of Thailand, for example, when the Company stores your personal data on cloud platforms or servers outside Thailand for information technology support, as the case may be.
When it is necessary for the Company to transfer your personal data to other countries which have a lower standard of personal data protection than that of Thailand, the Company will ensure that the personal data transferred will be sufficiently protected, that relevant personal data protection laws allow such personal data transfers, and that the transfers of your personal data to other countries comply with conditions and criteria set out by the personal data protection laws. For example, the Company may have to obtain a confirmation according to the contract from third parties who have access to such personal data that your personal data will be protected under the personal data protection standard equivalent to that of Thailand.
Duration of personal data storage period
The Company will retain your personal data for the duration necessary for the purposes which the Company has obtained the data for. For instance, the Company will retain your personal data for the period where the Company must perform its obligations under a contract with you. However, in order to comply with the law, in some cases, the Company may have to retain your personal data for a longer period of time as required by law, for example, the law may require the data the be retained for a specific duration (such as prescription period or period set out by the Civil and Commercial Code, etc.)
Your rights as the Data Subject
The rights stated in this section mean legal rights relating to your personal data. You may submit a request to exercise these rights to the persons specified by law, as long as it is within the conditions stipulated by law and the Company’s rights management process. Such rights include the following rights:
If you want to exercise any right specified in this section, you can do so by contacting the Company through the following channels:
For SW Tech and Media Contact (Tel. 02 619 1150), you can exercise all aforementioned rights from (1) to (7).
A request for the exercise of any of the abovementioned rights may be restricted by the relevant laws. In some cases, the Company can appropriately and rightfully reject your request, for example, when the Company must comply with the laws or court orders.
You can exercise the right to withdraw consent under (6) (or make changes to the consent you have previously given) through SW Tech and Media Contact (Tel: 02-619-1150) or other channels as specified by the Company. In the event that the Company has received your request, the Company will consider your request in accordance with the obligations and conditions prescribed by laws. The processing period is 30 (thirty) days upon the day the Company received your request along with the complete supporting documents which are sufficient for the Company to consider the request of the data subject.
If you believe that the collection, use, disclosure and/or overseas transfer of your personal data by the Company violates personal data protection laws, you have the right to lodge a complaint with the personal data protection authorities. However, you may first inform the Company of your concern so that the Company can consider solving your concern by contacting the Company through SW Tech and Media by letter at 408/72 17th Floor Phaholyothin Place Building, Samsen Nai Subdistrict, Phayathai District Bangkok 10400, Thailand or contacting the Company via SW Tech and Media Telephone number: 02 619 1150
Actions to be taken regarding to corporate customers
If you, as the Company’s corporate customers, disclose personal data of Persons related to corporate customers, you have a duty to take the following actions to enable the Company to provide services or products to you:
Security Measures
The Company has in place the appropriate security measures for personal data protection. They include management, technical, and physical protective measures for access or control of personal data, to preserve the confidentiality, integrity, and availability of personal data; to prevent loss as well as unauthorized and unlawful access, use, changes, alterations, and disclosure of personal data. These measures are in accordance with applicable laws. Moreover, the Company has in place the control measures for accessing personal data and using personal data storage and processing equipment. The measures are safe and appropriate for the collection, use, disclosure, and/or overseas transfer of your personal data. The Company also has in place measures to limit access to personal data, and the use of personal data storage and processing equipment by setting user permission for accessing the data and for authorizing designated officers to access the data, prescribing the responsibilities of the users to prevent any unauthorized access to, disclosure, acknowledgement, or copying of personal data, or the theft of personal data storage and processing equipment. In addition, the Company has in place the measures for audit trails in order to review any access to, alteration, erasure, or transfer of personal data, which are appropriate for the methods and mediums used in the collection, use, disclosure, and/or overseas transfer of your personal data.
Changes to Privacy Policy
The Company may make changes to this Privacy Policy from time to time if there is any change to the Company's practice guidelines on personal data protection due to various possible reasons, e.g., technological or legal changes. The changes to this Privacy Policy shall be effective when the Company publishes them on https://www.swtech.co.th. However, if the changes significantly affect you as a data subject, the Company will notify you of such changes in advance before the changes come into effect.
Contact the Company
If you have any inquiries regarding this Privacy Policy, please contact the Company as detailed below:
SW Tech and Media Company Limited
- 408/72 17th Floor Phaholyothin Place Building, Samsen Nai Subdistrict, Phayathai District Bangkok 10400, Thailand
- SW Tech and Media Telephone number: 02-619-1150
- https://www.swtech.co.th