The Pro Hub application (the "Platform") is a mobile application made available and owned by The Up Rank Company Limited (collectively referred to as "Company", "we", "us", "our").
1. WHAT DATA DO WE COLLECT?
"Personal Data" means any data that relates to the User, which can directly or indirectly identify the User (excluding the data of deceased persons). "Sensitive Personal Data" means any Personal Data pertaining to race, ethnic origin, political opinions, cults, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data, or any data which may affect the data subject in the same manner as to be prescribed by the Personal Data Protection Committee. In order to operate the Platform, we collect, use, and disclose the following types of Personal Data:
- (a) Identity Data: such as, first name, last name, title, date of birth, gender, information to create user profiles (e.g., username, password), and other identifiers;
- (b) Contact Details: such as, telephone number, email address, social network account, and other similar information;
- (c) Usage Data: such as, login data, browser type and version, operating system, time zone and language preference settings, approximate geographical information, details of devices the User is using (e.g., IP address, name of internet provider, device serial number, unique identification number, cookie ID), Platform use information (e.g., date of visit, time and length of visit, frequency of visits, words input to search for information, interactions with features on the Platform);
- Marketing Data: such as, User's preferences in marketing communications, User's survey responses;
- (e) Interests and Opinions: such as, interests (e.g., interests in specific types of content), spending behavior information, feedback, comments, recommendations and survey responses;
- (f) Other Information: such as, information Users provide to the Company
If you provide Personal Data of others to us, you are responsible to:
- (i) verify the accuracy and completeness of Personal Data provided by you and will update us on any changes to the provided Personal Data;
2. HOW WE COLLECT PERSONAL DATA
We collect your Personal Data through the following means:
- (1) Direct Interactions: Personal Data may be collected directly from the Users, by having Users fill in application forms or any other forms, provide information and verification to the Platform, by email or other direct interactions.
- (2) Third Parties: The Company may collect the User's Personal Data from third party sources, such as publicly available sources (e.g., the User's public profile on third party social network platforms where the User allows their Personal Data to be shared publicly), other Users, government agencies, or other publicly available information on the internet.
3. HOW WE USE PERSONAL DATA
The Company collects, uses or discloses the User's Personal Data on the following legal basses: (1) a contractual basis, for our initiation or fulfilment of a contract with you; (2) a legal obligation; (3) the legitimate interest of ourselves and third parties, to be balanced with your own interest and fundamental rights and freedoms in relation to the protection of your Personal Data; (4) vital interest, for preventing or suppressing a danger to a person’s life, body or health; and (5) public interest, for the performance of a task carried out in the public interest or for the exercise of official actions. The purposes of collection, use and disclosure of the User's Personal Data are as follows:
- (a) Account registration, identification and verification of the User's identity, and maintenance of User accounts;
- (b) Delivering the Platform's services to the Users, including but not limited to executing, managing, and processing any instructions or orders, and providing support to the Users;
- (c) Preventing Users from violating the Platform's terms and conditions through prohibited use of the Platform, and administering and protecting the Platform and other Users from such prohibited use by implementing measures such as bans, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data;
- (d) User interaction, including User provided reviews, and conducting surveys;
- (e) Providing marketing communications, information, special offers, promotional materials about the products and services of the Platform, the Company, and/or any business partners;
- (f) Managing, collecting and transferring payments, fees and charges on the Platform that are owed to the Company, and ensuring the Company's collection of fees and charges;
- (g) Displaying the username and other information of the User to other Users;
- (h) Making suggestions and recommendations about goods or services;
- (i) Processing subsidy charge requests by our affiliates;
- (j) Authenticating and accessing controls and logs where applicable, monitoring of system, devices and internet, ensuring IT security and IT operations are well maintained, preventing and solving crimes, as well as risk management;
- (k) Ensuring compliance with the Company's internal policies and applicable laws, regulations, and regulatory guidelines, including but not limited to, liaising and interacting with and responding to law enforcement agencies, courts, regulators and/or any other government authority;
- (l) Facilitating financial audits to be performed by an auditor, or receiving legal advisory services from legal counsel appointed;
- (m) Transferring and sharing of Personal Data in connection with or during business transitions, mergers and acquisitions, dissolution, reorganization, or any procedure involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of insolvency, bankruptcy, or receivership, or any similar event;
- (n) Performing our obligations under any agreements to which we are a party, e.g. agreements with our business partners, vendors, or other asset management companies, or under which we are acting as an agent; and
Failure to provide us with the required Personal Data may result in our inability to perform the contract we have or are trying to enter into with you (for example, to provide the User with products or services). We would be unable to provide or continue to provide you any services, including those on the Platform, if the User fails to provide any requested Personal Data that is required by law or that is necessary for our provision of the services.
Where consent is required, we will request and obtain your consent separately for certain activities pertaining to the collection, use or disclosure of your Personal Data.
We do not intentionally collect, use or disclose any Sensitive Personal Data. We will only collect, use, or disclose Sensitive Personal Data on the basis of your explicit consent, for establishment, defense, compliance or exercise of legal claims, for satisfying legal obligations in relation to substantial public interest or where it is information that is disclosed to the public with the explicit consent from you or where otherwise permitted by law.
If minors, incompetent persons or quasi-incompetent persons ("Persons with Limited Capacity") use the Platform, the Company will only process their Personal Data provided that verifiable consent has been obtained from a parent, guardian, or curator, or as otherwise permitted by applicable laws. However, the Company does not intend to, and does not knowingly, collect Personal Data of Persons with Limited Capacity, and will stop processing such Personal Data until consent from the parent, guardian, or curator has been obtained or as otherwise permitted by applicable laws.
4. WHOM DO WE SHARE PERSONAL DATA WITH?
The Company may share User's Personal Data with other Users, our group of companies, affiliates, business partners, domestic and international third-party service providers, agents, subcontractors, and other associated organizations, to allow us to complete tasks and provide the Platform services (e.g. companies of organizations that assist the Platform in processing Personal Data, providing cloud storage or any backup database, providing platform promotion and marketing activities, etc..) These entities are also obligated to follow the security measures surrounding the User's Personal Data and to treat it in accordance with applicable laws and regulations.
In some cases, the Company may share the User's Personal Data with any government authority, law enforcement agency, court, regulator, or other third party where necessary for compliance with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individual, personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
In the event of a corporate transaction, such as a corporate sale, transfer, reorganization, merger and acquisition, dissolution, or in the event of insolvency, bankruptcy, or receivership, or any similar event, the Company may disclose the User's Personal Data to another entity.
5. Cross-border Data Transfer
The Company will ensure an adequate degree of protection is afforded to the transferred Personal Data, or that the transfer is otherwise permitted in accordance with the applicable data protection law. When it is necessary to transfer any User's Personal Data to a third country with a level of data protection standards lower than those of Thailand, the Company may, for example, obtain contractual assurances from any third party given access to the transferred Personal Data that such data will be protected by data protection standards which are equivalent to those required in Thailand.
6. Data Retention
A User's Personal Data may be detained for as long as it is reasonably necessary to comply with our legal and regulatory obligations, and to fulfil the purpose for which it was obtained, i.e., the provision of the Platform to our Users.
It is possible that we may have to retain your Personal Data for a longer duration, for certain necessary reasons such as resolving disputes, enforcing agreements or other purposes of data retention as required by applicable laws.
7. DATA SECURITY MEASURES
We maintain appropriate security measures for Personal Data, which cover administrative, technical and physical safeguards in relation to access control to protect the confidentiality, integrity, and availability of Personal Data against any accidental loss or unlawful or unauthorized access, use, alteration, correction or disclosure of Personal Data, in compliance with the applicable laws. In particular, we have implemented measures on controlling access to and use of devices for storing and processing Personal Data which are secured and suitable for our collection, use and/or disclosure of Personal Data. We also have measures on restricting access to Personal Data and the use of storage and processing equipment by imposing access rights, permission rights to the authorized personnel, and relevant duties and responsibilities to prevent unauthorized access, disclosure, perception or unlawful duplication of Personal Data, or theft of devices used to store and process Personal Data. This includes measures on re-examination in relation to access, alteration, erasure, or transfer of Personal Data, which are in accordance with methods and channels used to collect, use and/or disclose Personal Data.
8. DATA SUBJECT RIGHTS
You may request or exercise the following legal rights under the conditions and exceptions prescribed by law and our procedures:
- (a) to withdraw consent for the collection, use, or disclosure of your Personal Data that is based on your consent at any time. The consent withdrawal will not affect the lawfulness of the collection, use and/or disclosure of your Personal Data before it was withdrawn. If you withdraw your consent for certain Personal Data, we may not be able to provide our services or products to you which require such Personal Data.
- (b) to request access to and obtain a copy of your Personal Data, or for the disclosure of the acquisition of your Personal Data that was obtained without your consent;
- (c) to request your Personal Data in a structured, commonly used and machine-readable format, to transmit it to other data controller, and to request the receipt of the Personal Data in such format transmitted by us directly to other data controller unless not technically feasible;
- (d) to object the collection, use, or disclosure of your Personal Data in certain circumstances as provided by the applicable law;
- (e) to erase, destroy, or anonymize your Personal Data. Please note that we may not always be able to proceed for specific legal reasons, which we will inform you of and the reason when necessary;
- (f) to restrict the use of Personal Data in certain circumstances as provided by the applicable law;;
- (g) to have your Personal Data corrected, if it is inaccurate, not up to date or misleading;
- (h) to lodge a complaint to competent regulatory authorities if you believe our collection, use or disclosure of your Personal Data violates any applicable data protection laws. The Company would, however, appreciate the chance to address your concerns before approaching the authorities, so please contact us in the first instance.
If you would like to exercise any of these rights in this section, you may contact the Company at the address and methods specified in the "Contact Us" section. Your request may be reasonably and lawfully declined in certain cases, for example, due to our legal obligations or a court order. The applicable laws may limit your request for exercising any of the above rights, however, we will notify you of our reason if we decline your request under this section.
10. CONTACT US
We are pleased to help with any relevant requests for information, suggestions or complaints. You can contact us using the details below if you have any questions about the Company's practices and activities relating to Personal Data.
The Up Rank Company Limited Committee.
"333/4 Ratchadaniwet Village Soi. 19 Pracha Uthit Rd. Sam Sen Nok, Huai Khwang, Bangkok 10310