At Sports Monk Company Limited (the “Company” or “we”), we value the safety and privacy of all our customers’ personal data. Accordingly, as our customers (the “Customer” or “you”) are required to provide us with your personal data and further for the appropriate products or services, the Company hereby creates this privacy policy for all Customers to provide the information relating to the collection, usage, and/or disclosure of your personal data, as well as your legal rights relating to your personal data under the current Personal Data Protection Act 2019 and its amendments (if any) (the “Policy”).  

If you are registering with us online via our website and enter a third-party website or platform through a link or banner that may appear on our website, please note that you shall be subject to the data processing policies of such third-party websites or platforms. Accordingly, we advise you to read through such third-party privacy policies and make sure you understand such policies when you use their website/platform.

1. Your Personal Data Collected by the Company

Personal data to be collected by the Company includes any information that can be used to identify your identity, whether directly or indirectly, including but not limited to the following (“Personal Data”):

1.1 Your Data that we Collect

When you make purchases as our Customer, whether through our website, online platform, live chat, telephone, email, or social media, or when you participate in any activities or surveys organised by the Company, you may provide Personal Data to the Company, including but not limited to name and surname, date of birth, address, email, phone number, and any other information to identify yourself. We do not store your credit card information. Further, the Company may record our communications with you, whether through telephone calls, email, chat, or social media communications. The uses of your Personal Data is expressed in part 2 below. 

1.2 Data Collected by the Company

(1) Technical data, which includes but is not limited to the IP address used for the connectivity of your computer to the internet, system access information, type and version of your browser, cookies data, time zone, type and version of browser plug-in, operation system and platforms.

(2) Data relating to your visit, which includes but is not limited to the URLs, the products that you are browsing on our website, page response time, download issues, visitation time, interaction on the page, and phone number used to contact us.

(3) Sensitive Personal Data for your registration with the Company and as required for our products and/or services, which includes but is not limited to data relating to racial, ethnic origin, religious or philosophical beliefs, sexual behaviour, health data, disability, genetic information, biometric data, or any data which may affect you in the same manner (“Sensitive Personal Data”). 

1.3 Data the Company received from Third-Party

The Company may obtain your Personal Data (such as name-surname, nickname, age, address, phone number, family member’s Personal Data, school name, education degree) from sources relating to you (such as family, school, friend, and referral), as well as third-party sources (such as a business partner, website operator, application operator or platforms you may use, technical vendors, payment processing operator, advertisement operator, analysts, search engine operator, etc.) (“Company Partners”) that include but not limited to the followings:

(1) When you visit or use the website or application of a third party that relates to the Company;

(2) When you use or request a service with a third party that relates to the Company, such as registering for a payment service with an operator that relates to the Company;

You agree not to provide the Personal Data of your family members or third parties (such as name-surname, email, address, and telephone number) to the Company.

2. Uses of Personal Data

The Company shall collect, use, or disclose Personal Data only when necessary, including to process your request for our goods and services, for the purposes of the Company’s legitimate interests, your consent, and/or other legal grounds applicable. The uses of Personal Data shall be as follows: 

2.1 To Comply with the Company’s Legal Obligations 

The Company shall collect, use, or disclose your Personal Data strictly in accordance with the laws and other rules as required by the government agencies and/or regulatory authorities, including but not limited to:

(1) to be compliant with Thailand’s Personal Data Protection Act (“PDPA”).

(2) to be compliant with other laws relating to the Company’s businesses (such as the Child Protection Act, Computer Crimes Act, Cyber Security Act, and other applicable laws); and/or

(3) to comply with rules and/or orders from authorised government agencies (such as orders from the court, government agencies, regulatory authorities, or competent officials).

2.2 To Comply with Agreements made with the Company

The Company shall collect, use, or disclose Personal Data as per your request or agreement you made with the Company, including but not limited to the following:

(1) to comply with your request before entering into the agreement with the Company and to consider the products or services, as well as the delivery of products or services to you;

(2) to fulfil the Company’s obligations to provide information, products, and services to you;

(3) to verify or identify your identity following your access to the Company’s products or services;

(4) to monitor or make a record of your usage or purchase of the Company’s products or services (such as to make reports, summaries, tests, or purchase history, etc.);

(5) to provide you with all the functionalities and services from the Company, such as providing you with the services and/or products reported via email, or to contact your parents and/or guardian, etc.

(6) to update you with the changes or new services and/or products from the Company;

(7) to provide you access to the Company’s live chat services (if any); and

(8) to provide you with the assistance/recommendation and the answer to any questions that you may have regarding the services and/or products of the Company.

2.3 For the Company’s Legitimate Interests

The Company shall use the basis of its legitimate interest for its own and/or other parties’ interests. In this regard, such interests shall not breach the applicable laws or your legal rights, which include but are not limited to the following:

(1) to administrate, operate, manage and protect the Company’s business interests as well as all of our group companies and affiliates (such as to regulate internal business operations, to manage and mitigate risks, to monitor, prevent and investigate corruption or breach of intellectual properties, etc.);

(2) to administrate, manage, adjust, and improve the Company’s products and/or services, including all the relevant systems, to the highest standard for Customers’ needs. This includes but is not limited to the analysis, test, research, statistics and/or surveys made to improve the Company’s products and/or services;

(3) to test and ensure the safety and security of the Company’s relevant security systems and technologies;

(4) to administer and manage all relevant customer relations activities between the Customer and the Company (such as customer care, customer satisfaction survey, customer report/complaint management, etc.); and

(5) to evaluate and understand the effectiveness and efficiency of the advertisement that the Company is presenting to the Customer.

2.4 To Comply with Your Consents

In certain cases, the Company may ask for your consent to collect, use, or disclose your Personal Data for your greatest benefit and/or to enable the Company to provide the relevant services to you as you require, including but not limited to the following:

(1) to present and/or advertise the relevant products, services, benefits, promotions, news, or the rights to participate in the events organised by the Company, its affiliates, Company Partners, or related third parties, as the case may be. The Company shall contact you via a phone call, email, or other communication channels;

(2) in some cases, the Company may need to send or transfer your Personal Data to its affiliates residing overseas or to a recipient that is relevant to the Company’s business operation, such as to send or transfer Personal Data for storage purposes whether on service or clouds located in countries that may or may not have adequate security protection standard (except in case the laws allow us to proceed without your consent); and

(3) in case you are a minor (not over 20 years old), incapacitated person or quasi-incapable that requires consent from your parent, legal guardian, or conservator (as the case may be) (except in case the laws allow us to proceed without your consent). 

2.5 To Comply with Other Legal Grounds

In addition to the legal grounds mentioned above, the Company may collect, use, or disclose your Personal Data based on other legal grounds, such as

(1) to prepare the historical documents or archives for public interest or purposes relating to research or statistics;

(2) for the prevention or suppression of a danger to the data subject’s life, body, or health; and

(3) as required for the public’s interest or to comply with the authority’s requests.

In addition, the Company has the right to collect, use and disclose your Personal Data obtained before 1 June 2022 as per the intended purposes. If you do not wish the Company to process your Personal Data the Company obtained before such a date, the Customer has the right to revoke the consent provided to the Company at any time.

3. Purposes of Collection, Use or Disclosure of Personal Data

The Company shall collect, use, or disclose your Personal Data and Sensitive Personal Data only when necessary. This includes cases where the Company is required by laws to comply with terms and conditions under an agreement between the Customer and the Company for the Company’s legitimate interests and/or as per other legal grounds. 

4. Entities we may share Personal Data

The Company may share or disclose your Personal Data to a third party as allowed by your consent or under the terms and conditions of these policies and/or as allowed by applicable laws. The third party may include the Company’s affiliates, Company Partners, and/or persons or juristic persons whom the Company has a business relationship with, whether the disclosure is made for business purposes or not. This includes the Company’s executives, employees, staff, contractors, representatives, or consultants, including but not limited to the following persons or organisations:

1. government agencies and/or regulatory authorities relating to the Company’s businesses.
2. Company Partners, representatives, or other agencies (such as auditors, data and documents storage providers, Personal Data processors, or digital platform service providers that may have a business relationship with the Customer or the Company;
3. in case of rehabilitation, merger, transfer of business, whether in whole or in parts, purchase, sales, joint venture, give, transfer or sales of business whether in whole or in parts, assets, shares or other similar transactions, the Company shall be required to disclose your Personal Data to a third party who shall receive the transfer or wish to receive the relevant transfer from the Company;
4. court, agencies or person that the Company is required to or authorised to disclose Personal Data under the applicable laws, rules or orders;
5. analyst or search engine providers that work with the Company to develop and improve the Company’s products and/or services;
6. other service providers of the Company, including but not limited to (1) internet provider, (2) IT service provider, (3) payment processing and system provider, (4) marketing, advertisement, design, entertainment, communication and related activities service providers, (5) telecommunication providers, (6) data storage and cloud services providers whether local or overseas, (7) printing service providers, (8) lawyers, legal advisor, financial auditor and/or other professionals that assist the Company, (9) document storage and/or destroy service providers; and
7. attorney-in-fact, sub-attorney-in-fact, agents, or authorised agents legally appointed by the Company. 

In addition, you may enter the Company’s website or online platforms through third-party login, such as Facebook, Apple, or Google, without providing any additional information on our online platforms. In this case, you agree to have your Personal Data maintained and stored on social media or IT platforms, including other information, while using such log-in on our website or online platforms.

In this regard, the abovementioned third party shall collect, use, or disclose your Personal Data in accordance with the consent you provided only.  

5. Transfer or Delivery of Personal Data Overseas

As the Company may have group companies or affiliates overseas, the Company may be required to send or transfer your Personal Data to overseas locations to store and process. In such case, the Company shall use its best effort to send or transfer your Personal Data to a destination country with a trustworthy security system as required under the applicable laws, except for the following cases:

(1) laws require the delivery or transfer;

(2) the Company has informed the Customers of the inadequate security standard of the destination country, and the Customers have provided the consent to transfer Personal Data to such destination;

(3) to comply with an agreement made between the Customer and the Company or the Customer’s request before entering into the agreement;

(4) to comply with an agreement made between the Company and another person/juristic person for the Customers’ benefit;

(5) to prevent or reduce the danger against the life, body or health of the Customer or other persons during the time that the Customer is unable to provide the consent; and

(6) as required for the public’s interest.

 

6. Storage and Security of Personal Data

The Company shall use security standards in both the organisational measure and technical measures to appropriately store the Customer’s Personal Data safely. For example, the use of password-locked access to prevent unauthorised access. Further, all employees, staff, and contractors of the Company shall be required to keep all Personal Data confidential and strictly follow all rules and policies regarding data security when there is a collection, use or processing of Customer’s Personal Data.

If the Company or the Customer has set up a password for the Customer to access the website or online platform, the Customer is solely responsible for keeping and maintaining such a password confidential to prevent unauthorised access to the Customer’s Personal Data.

The Company would like to emphasise that sending or transferring important data online is not 100% safe. Nonetheless, the Company shall use its best effort to safely keep your Personal Data. The Company cannot guarantee the security of Personal Data sent online to the Company, and the Customer must be solely responsible for the safety of all data sent online. Any payment made on the Company’s website or online platform shall require your password for security reasons. 

 

7. Personal Data Storage Period

The Company shall store Customer’s Personal Data if you are registered as our Customer so that the Company can operate accordingly to this policy and shall retain your Personal Data for the minimum period of 5 years following the cancellation of your registration as the Company’s Customer. Further, the Company may be required to retain your Personal Data for the period as required by applicable laws or statutes of limitations. The Company shall delete, destroy, or make your Personal Data unidentifiable to you when your Personal Data is no longer required or at the end of the abovementioned time periods.

8. Your Rights 

Customers have the right to request certain actions relating to your Personal Data under the PDPA and the terms and conditions as currently applicable or may be changed in the future. If the Customer is under 20 years old or is restricted by laws from completing any action, the Customer may exercise the rights through your parent, legal guardian, or representative.

1. The right to request access to the Personal Data that we process about you, including the right to obtain information on and copy of such data;
2. The right to request that we rectify your Personal Data if it is not up to date, inaccurate or incomplete;
3. The right to request for deletion or destruction of Personal Data or to make Personal Data to be unidentifiable to you;
4. The right to request for a suspension to use Personal Data when the Company is in the process of complying with your request to rectify your Personal Data or challenge the completion of your Personal Data or in any cases where you request the Company to stop using your Personal Data instead of deletion or destruction;
5. The right to object. Customer have the right to object to the collection, use or disclosure of your Personal Data when the Company processes your Personal Data in its legitimate interests or for direct marketing purposes or scientific, history or statistical research;
6. The right to data portability. Customers have the right to receive your Personal Data in a structured, commonly used, and machine-readable format, can use or open such Personal Data automatically and to transmit such data to third parties. Customers shall have the rights to request the Company to send or transfer Personal Data to a third party, receive such Personal Data or transfer such data to another data controller directly, except where such action is not possible due to technical reasons.
7. The right to withdraw. Customer has the right to withdraw your consent at any time if you have previously consented to us to collect, use, or disclose your Personal Data (whether your consent was provided before the enforcement date of the PDPA or afterwards). The Customer has the right to withdraw at any time if your Personal Data is stored by the Company in its intended form, except where there is a restriction to such rights or there is a contract beneficial to the Customer.

In this regard, the withdrawal of Customer’s consent shall not impact the collection, use or disclosure of Personal Data that the Company had already processed based on such consent provided. In certain cases, the withdrawal of your consent may further negatively impact your usage of our products and/or services, such as not receiving any updates, privileges, promotions, news, offers, services, or products that suit your needs, or you may no longer be able to use our products or services, etc. Therefore, after the Company receives your withdrawal request, the Company shall inform you of the consequences so you can make the decision whether to withdraw your consent.

8. The right to lodge a complaint with the regulatory authorities relating to Personal Data protection (such as the Personal Data Protection Committee/Office) if you think the Company has infringed any of your rights.

The Company hereby emphasises that your rights are limited under the applicable laws, and there may be certain scenarios in which the Company must deny your requests or be unable to comply with your requests, such as due to a court’s order or for public’s interests, or the exercise of your rights may infringe or breach other persons’ rights, etc. The Company shall inform you of the reason for denying your request in such a scenario.

Any request relating to the abovementioned rights must be made in writing as required by the Company. The Company shall use its best effort to comply with your request or respond to you within 30 business days or any time frame as required by the applicable laws.

To contact us regarding your rights under this Section 8, requests, updates, or this privacy policy, please see our contact information in Section 12 below. 

9. Cookie Policies

Upon using products and all services, the Company may activate various cookies in your browser.  Cookies are small digital files which comprise letters and numbers collected on a browser or hard drive of your computer.  After you provide consent, cookies comprise information sent to your hard disk.  

The purposes of using cookies are as follows: (1) to activate functions, (2) to analyse, (3) to collect your information pursuant to favour (4) to provide you with the advertisement based on your behaviour. Certain cookies may be activated upon specific use or personal choice. However, some cookies must be activated upon using the product and all services per this Privacy Policy.

Reasons to use cookies

1. Some functions of products and services rely on cookies; for instance, upon activation of cookies, you can access restricted areas on the company platform, use basket function, and use electronic payment function.  
2. Cookies facilitate the Company to recognize visitors’ information and show information pertaining behaviour of the visitors upon using Company products and services.  Such information allows the company to develop products and service functions. For instance, it ensures users can easily find what they seek.       
3. Cookies facilitate visitors when re-visiting the platforms of the Company. Such information facilitates the Company to provide appropriate content specifically for you, greet you with your name, and recognize your favourable choice of Language and the region you have chosen).
4. Cookies recognize your visiting history and pages and links. Such information will create consistency among your interests, Company platform and advertisement. In this regard, the Company may share such information to a third party to comply with this purpose.           

The Company would like to notify you of third parties, including advertising networks, service providers who analyse visiting history, etc.  may use cookies as such. And the Company has no authority to control such usage. Such cookies usually create more consistency among your interest, Company platform and advertisement, which lead to the development of the Company platform.

You can deactivate cookies by using a function on your mobile application or on a web browser. This allows you to deactivate some or all cookies. However, you may not be able to access some or all company platforms.

 

10. Marketing Media 

The Company or its partners may send marketing information, advertisement and sell promotion through notification on application, post, phone, SMS, email, or other applications (“Marketing Media”) to you, your parent, guardian, or its representative. If you apply for membership and/or accept to receive marketing media and other media for sale promotion of the Company. It is your personal choice not to receive marketing media at any time through channels provided by the Company.  The Company would like to notify you that if you revoke your choice not to receive such media, the Company will still be able to deliver other messages not related to sale promotion, such as receipt and your account information.  

 

11. Change in Privacy Policy

If the Company revises or changes any provision relating to this Privacy Policy, the Company will publicise it on this webpage. Please periodically visit this webpage for your information. And if the Company revises or changes the essential part of this Privacy Policy, the Company notices such changes immediately.

 

12. Contact Us

Should you have any inquiry regarding this Privacy Policy, desire to exercise your rights or file any complaints in relation to processing your personal data. Please contact us at: help@bizcomlaw.com

Sports Monk Company Limited 

110/88 Soi Kha Tao Village, 

Nong Kae Sub-district, 

Hua Hin District

Telephone: +662-107-2495

Email: help@bizcomlaw.com

Consent

By using this website, you confirm that you have read all the contents, terms and conditions, and the rights of the Customer as specified under this Policy and further confirm your understanding agreement and provide your consent to the Company to collect, use and disclose your Personal Data in accordance with all terms and conditions of this Policy.