Privacy Policy

This privacy policy (the "Privacy Policy") applies to all Personal Data (as defined below) collected, used, processed, disclosed and/or transferred. Our Privacy Policy sets out our commitment to protecting Personal Data and how we implement that commitment with regards to the collection, use, processing, disclosing, and/or transfer of Personal Data. As a private sector organisation, we are committed to complying with the applicable laws relating to personal data protection.

This Privacy Policy forms part of the Terms and Condition. By using the Site, you acknowledge that you have read, understood, and agreed to be bound by this Privacy Policy. If you do not agree with any of the terms of this Privacy Policy, please do not use the Site or submit any personal information.

  1. Personal Data

    1.1 In this Privacy Policy, "Personal Data" refers to any data regarding a person who can be identified, whether directly or indirectly from that data.

    1.2 Personal Data you may provide to us include but not limited to your name, passport or other identification number, telephone number(s), mailing address, email address, payment information such as banking details or credit card number and any other information relating to any individuals which you have provided us in any forms you may have submitted to us, or via other forms of interaction with you. Although the supply of your Personal Data is voluntary, without this information, we may not be able to proceed with your online application for the relevant Membership Program.

    1.3 By providing Personal Data to us, you are representing that you have all the right, title or authorized to do so.

  2. Purpose

    2.1 The purpose of this Privacy Policy is to inform you of how we manage Personal Data which is subject to the personal data protection principles under the applicable law. The Privacy Policy will help you understand the purposes for which we collect, use, process, disclose and/or transfer Personal Data.

    2.2 By clicking "I Agree" button before interacting with us, submitting information, including Personal Data, to us, applying for the Membership Program, it means that you have read this Privacy Policy, agree and consent to us, as well as our respective representatives and/or agents collecting, using, processing, disclosing, transferring and/or sharing amongst themselves your Personal Data, disclosing such Personal Data to the Company’s authorized service providers and relevant third parties, and otherwise processing the Personal Data, in the manner prescribed in this Privacy Policy.

    2.3 This Privacy Policy supplements but does not supersede nor replace any other consents you may have previously provided to us in respect of your Personal Data, and your consents herein are additional to any rights which the Company may have at law to collect, use, process, disclose and/or transfer your Personal Data.

  3. Changes to the Privacy Policy

    This Privacy Policy may be changed from time to time to ensure that this Privacy Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. The Company will notify you of such changes and obtain your consent again when you next Login to use our Site before you can continue using our Site. You may not be able to utilize certain part of our Site until your new consent is provided to the change of this Privacy Policy. Please check back regularly for updated information on the handling of your Personal Data.

  4. Collection of Personal Data

    4.1 Generally, we collect Personal Data in the following ways:

    (i) when you submit an application form or other forms relating to the Membership Program;

    (ii) when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our Site;

    (iii) when you interact with our customer service representatives, for example, via telephone calls and emails;

    (iv) when you use our electronic services, or interact with us via our Site;

    (v) when you request that we contact you or request that you be included in an email or other mailing list;

    (vi) when you respond to our promotions, initiatives or to any request for additional Personal Data;

    (vii) when you are contacted by, and respond to, our marketing representatives and customer service officers;

    (viii) when we receive references from business partners, relevant government agencies and third parties, for example, where you have been referred by them;

    (ix) when you fill up surveys administered by our third party surveying service providers;

    (x) when we seek information from third parties about you in connection with the  services you have applied for; and/or

    (xi) when you submit your Personal Data to us for any other reason.

    4.2 When you browse our Site, you generally do so anonymously but please see the section below on Cookies. We do not, at our Site, automatically collect, use, and process Personal Data unless you provide such information or login with your account credentials.

    4.3 If you provide us with any Personal Data relating to a third party (e.g., information of your spouse, children, parents, and/or employees), by submitting such information to us in whatever way, you represent and warrant to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes, and that you have shown them this Privacy Policy.

    4.4 You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to process your application.

  5. Purposes for the Collection, Use, Processing, Disclosure and/or Transfer of Your Personal Data

    You consent to the collection, use, processing, disclosure, and/or transfer of your Personal Data as prescribed in this Privacy Policy, subject to compliance with the requirements of the law regarding data privacy protection if:

    (i) the collection falls within a lawful purpose which is directly related to the activities of the Company; and

    (ii) such collection of data is only carried out to the extent that it is necessary, considering the scope of the purpose, or is done for the benefit that is directly related to the purpose of such collection.

    Generally, we collect, use, process, disclose and/or transfer your Personal Data for the following purposes:

    (i) to process your online application for the Membership Program you apply for;

    (ii) responding to your queries, feedback, complaints and requests;

    (iii) managing your account, such as verifying your email address;

    (iv) managing the administrative and business operations of our company and complying with internal policies and procedures;

    (v) requesting feedback or participation in surveys, as well as conducting market research and/or analysis for statistical, profiling or other purposes for us to review, develop and improve the quality of our products and services;

    (vi) sending marketing offers and conducting marketing campaigns;

    (vii) testing and improving our systems, and preventing the misuse or improper use of our services;

    (viii) preventing, detecting and investigating crime, fraud, money laundering and terrorist financing and analyzing and managing commercial risks;

    (ix) conducting investigations or trial relating to disputes, billing, fraud, anti-money laundering and terrorist financing;

    (x) meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on our company (including but not limited to making filings and returns with regulatory bodies, responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);

    Furthermore, where permitted by law and/or where you have provided your consent to us, we may also collect, use, process, disclose, and/or transfer your Personal Data for the following additional purposes:

    (i) providing or marketing services, products and benefits to you, including but not limited to special events and promotions from our company;

    (ii) matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision, marketing or offering of services by us;

    (iii) promotional events,

    (iv) marketing campaigns;

    (v) conducting market research, analytics and surveys to enable us to understand and determine customer preferences and demographics for us to offer you services as well as special offers and marketing programs which may be relevant to your preferences and profile; and/or,

    (vi) any other purpose reasonably related to the aforesaid.

  6. Electronic Marketing

    The Company will refrain from engaging in any false, deceptive and misleading advertisement. The Company commits, to the best of its ability, to provide:

    (i) fair, accurate, clear and easily accessible information describing its services such as the nature, quality and quantity thereof;

    (ii) fair, accurate, clear and easily accessible information sufficient to enable users to make an informed decision whether or not to enter into the transaction; and,

    (iii) such information that allows users to maintain an adequate record of the information about the services offered by us.

  7. Disclosure of Personal Data

    We will take reasonable steps to protect your Personal Data against unauthorized disclosure. Subject to the provisions of any applicable law, your Personal Data may be disclosed by us, for the purposes listed herein (where applicable), to the following entities or parties, whether they are located overseas or in Thailand:

    (i) the various entities within our company;

    (ii) the Immigration Bureau of Thailand and other relevant government agencies;

    (iii) companies providing services relating to medical screening, insurance, marketing and consultancy to our company;

    (iv) agents, contractors or third party service providers who provide operational services to us, such as courier services, telecommunications, information technology, payment, printing, billing, payroll, financial services, processing, technical services, training, market research, call center, security, storage, business disaster, employee recognition or other services to our company;

    (v) agents, contractors or third party service providers (including but not limited to external tutors and lecturers) who provide services in connection with the courses, programs and events organized, conducted and administered by us;

    (vi) any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving any of the Company;

    (vii) external banks, credit card companies and their respective service providers;

    (viii) disclosure for the purpose of investigation or trial;

    (ix) our professional advisers such as consultants, auditors and lawyers;

    (x) relevant government ministries, regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority; and

    (xi) any other party whom you authorize us to disclose your Personal Data to.

  8. Transfer

    Domestically the transfer of Personal Data is permitted when the consent is obtained from data owner. We remain responsible for Personal Data under our control or custody that have been transferred to a third party for processing and have obtained the explicit consent from you for doing so.

    There shall not be any delivery or transfer of Personal Data to another country; except in the following cases:

    (i) where the law so prescribes;

    (ii) where the consent of the data owner has been obtained;

    (iii) for compliance reasons with an agreement between the data owner and the data controller;

    (iv) where it is made for the benefit of a data owner who cannot grant consent at the time;

    (v) where it is a transfer to a person who has been granted the mark certifying practice on personal data protection by the Personal Data Protection Committee;

    (vi) in other necessary cases to be prescribed in the relevant Ministerial Regulations.

    The Site is hosted on web servers in Switzerland. Your Personal Data will therefore be transferred to and processed in Switzerland and may also be transferred to other countries where the privacy laws may not provide an equivalent level of protection to those in your home country. By using the Site, and providing us with any information, you consent to the international transfer of your Personal Data.

  9. Data Security

    9.1 The Company shall appoint a data protection officer to oversee all data protection topics. The Company will take reasonable efforts to protect Personal Data in our possession or our control by making reasonable security arrangements to prevent loss, unauthorized access, collection, use, processing, disclosure, transferring, copying, modification, disposal or similar risks of Personal Data. However, we cannot completely guarantee the security of any Personal Data we may have collected from or about you, or that for example no harmful code will enter our websites (for example viruses, bugs, trojan horses, spyware or adware). You should be aware of the risks associated with using the Site.

    9.2 While we strive to protect your Personal Data, we can ensure the security of the information you transmit to us via the Internet when you use our Site but we urge you to take every precaution to protect your Personal Data when you are on the Internet and to change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.

    9.3 If applicable, you undertake to keep your username and password secure and confidential and shall not disclose or permit it to be disclosed to any unauthorized person, and to inform us as soon as reasonably practicable if you know or suspect that someone else knows your username and password or believe the confidentiality of your username and password has been lost, stolen or compromised in any way or that actual or possible unauthorized transactions have taken place. We are not liable for any damages resulting from any security breaches, on unauthorized and/or fraudulent use of your username and password.

    9.4 We will ensure that third parties processing Personal Data on our behalf shall implement the security measures required by law.

    9.5 The obligation to maintain strict confidentiality of Personal Data that are not intended for public disclosure extends to the employees, agents or representatives of our company who are involved in the processing of such Personal Data.

  10. Breach Notification

    In case of data security breach, the Company will notify such breach to data owners without delay. Also, a report made in writing on the security breach will be provided to the Board of Directors of our company.

  11. Your Rights to Personal Data

    With regards to your Personal Data, you are entitled to:

    (i) request access to your Personal Data kept under the responsibility of the Company, or request that the Company discloses how your Personal Data was obtained if without the consent from you;

    (ii) request that the Company deletes or destroys or temporarily suspends the use of your Personal Data, or converts it into data which cannot identify who you are (this right only occurs when the Company fails to comply with its commitment under this Privacy Policy);

    (iii) request that the Company make your Personal Data accurate, up-to-date, complete, and not misleading;

    (iv) withdraw your consent at any time, unless there is any restriction on withdrawing consent under the law or agreement for your interest.

  12. Personal Data We Collect Automatically

    We may collect certain information by automated means (e.g., cookies, log-file, web beacons) when you visit the Site. The data collected automatically are processed in order to improve the services and to provide you with the best information and services. The information we collect in this way tells us, for example, how many users visited our Site and the pages accessed, whether you have visited us before or if you are a new visitor, and helps us to identify features in which you may have the greatest interest. This information also allows us to make improvements and to enhance your experience.

    (i) Log files and IP addresses: Log files are web server files (containing information such as the domain name or IP address, URL, the http response code, the website from where you visit us or the date and duration of your visit) that are automatically created when an Internet user visits a site. An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit the Site, we may collect the IP address of the device you use to connect to the Internet. For example, when you request a page from the Site, our servers log your IP address. In combination with other data, this information helps us to learn what pages are most attractive to our visitors and which of our services most interest our customers. In addition, log files help us to detect disruptions to telecommunication equipment and to detect abuse of our telecommunication services.

    (ii) Information collection from mobile devices: If you access our Site, on your mobile telephone or other mobile device, we also may collect your unique device identifier and mobile device IP address (e.g. MAC address), as well as information about your device’s operating system, mobile carrier, mobile Internet browsers, and other information described in this Privacy Policy.

    (iii) Cookies, web beacons and tracking links: We may use third-party web analytics services on our Site. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use our Site. The information collected through these means (including IP address) is disclosed to these analytics providers, who use the information to evaluate use of our Site. We may offer users of our Site choices to manage their preferences via [insert link]. We may collect information about your online activities on our Site for use in providing you with advertising about materials and services tailored to your individual interests. We may also use your personal data and other information obtained about you from companies that use or facilitate the use of other services and from publicly available information systems to deliver advertising and offers that may be of interest to you. You may see certain ads on other websites because we (and our partners) use data collected on our Site to customize advertisements to you on third-party websites. This collection and use allows us to target our messaging to users through demographic, interest-based and contextual means. In connection with providing you customized advertisements, third parties on our websites may track your online activities over time and across third-party websites by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The information collected includes information about your visits to certain websites, the pages or advertisements you view and the actions you take on those websites. This data collection takes place both on our Site and on third-party websites. This process also helps us track the effectiveness of our marketing efforts.

  13. Contacting Us

    13.1 If you have any questions or feedback relating to your Personal Data, your rights to Personal Data, or our Privacy Policy; or would like to withdraw your consent to any use of your Personal Data as set out in this Privacy Policy; or obtain access and make corrections to your Personal Data records, you can contact us by sending an email to the following e-mail addresses: inquiries@thailandelite-direct.com.

    13.2 Please note that changes may not be effective immediately. We will endeavor to comply with your request(s) as soon as reasonably practicable and in no event later than 30 days after we received your request. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

    13.3 If you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, we may not be in a position to administer any contractual relationship in place, which in turn may also result in the termination of any agreements with us or other agreements between you and other third parties, and your being in breach of your contractual obligations or undertakings. Our legal rights and remedies in such event are expressly reserved. Also, you may not be able to utilize certain parts of our Site until your new consent is provided.

  14. Governing Law

    This Privacy Policy and your use of the Company’s website shall be governed in all respects by the laws of Thailand.