INTRODUCTION  

TBN Corporation Public Company Limited operate the websites tbn.co.th (collectively, the “Website(s)”) across desktop, mobile, tablet and apps (including any subdomains). TBN Corporation Public Company is together known as “TBN or will be referred to as “we”, “our” and “us” in this Privacy Policy (unless the context requires).  

This Privacy Policy (together with our Terms of Use  www.tbn.co.th/terms-of-use any other documents referred to in it) sets out how Personal Data that we collect from you, or that you provide to us, will be used, processed or disclosed by us, including how certain information would be used to personalise advertising directed at you. This Privacy Policy also sets out the types of Personal Data we collect, how we keep it secure, as well as how you can access or alter your Personal Data stored by us.  

This Privacy Policy covers your use of the Website and any other way you may connect to or interact with us through the use of our products and services (hereinafter collectively referred to as the “Services“). Some of this information identifies you directly or can be used to loosely identify you when combined with other data.  

1. RESPECTING INFORMATION PRIVACY

1.1 Please study this Privacy Policy carefully to understand its policies and practices. About your personal information and how the Company processes your personal information. 

1.2  By visiting or using the Website subscribing to our Services or entering into an agreement with us in relation to the Website you are taken to have read, and agreed to the collection, use, disclosure, storage, processing and handling of your Personal Data, in accordance with this Privacy Policy. ‘Personal Data’ shall mean any data, whether true or not, about you who can be identified directly or indirectly from that data; or from that data and other information to which the TBN has or is likely to have. Please read the following carefully to understand our policy and practices regarding your Personal Data and how we will treat it.  

1.3  The Website is not intended for use by any person who has not reached their legal age, e.g. minors or persons deemed incompetent or quasi-incompetent. By your continued use of this Website you warrant that you are of legal age and of sound mind to interact with other users and access the services/products on the Website. If you have not reached your legal age then please exit the Website, immediately.  

 1.4     As part of our efforts to ensure that we properly manage, protect and process your Personal Data, we will be reviewing our policies, procedures and processes from time to time. We may amend this Privacy Policy at any time by posting a revised version on the Website. While we endeavor to send an individual notice every time the policy is amended, you will be deemed to have acknowledged and agreed to the amended Privacy Policy if you continue to use the Website or the Services after the changes have taken effect. You are reminded to check this Website from time to time for updates to this Privacy Policy. 

1.5       We recognise the importance of protecting Personal Data in accordance with the Thai Personal Data Protection Act BE 2562(2019), regulations, codes of practice, guidelines or guidance notes as may be issued from time to time (as the case may be) (collectively the “Privacy Laws”) and we will be bound by the Privacy Laws when collecting and handling your Personal Data. Unless restricted by applicable law, by using the Website and the Services, you agree that any and all Personal Data relating to you collected by us or provided by you from time to time may be used, processed, and disclosed for such purposes and to such persons as set out in this Privacy Policy.  

2. COLLECTION OF PERSONAL DATA 

2.1       When you use our Services, we collect a variety of Personal Data or non-Personal Data from and about you, your devices, and your interaction with the Services. You acknowledge that the Personal Data you provide us and which we collect from you, is your own information or information which you have been authorised to provide to us.  

2.2       Information you willingly provide. When using our Services, you may be asked to provide Personal Data about yourself, such as, amongst others, your name, address, phone number, email, gender, occupation, personal interests, payment information, details about your home or properties you are interested in or financial information. For some Services and products, we may also collect your Personal Data to enable verification of your identity, including information from your identification card, driver’s license, passport, etc. This may occur, for example:  

• when you carry out transactions with us on or in relation to the Website;  
• when you register an account with us on the Website;  
• when you contact our customer service or salespeople by email, telephone, or in person, to resolve any issues that you may be facing or with enquiries or requests;  
• when you subscribe to the services that we are providing on the Website, or for our email notifications, and/or newsletters;  

• when you access any of our services through a social network site (“SNS”) such as Facebook;  
• when you correspond with a software professional (such as salespeople, developer or others) via the Services;  
• posting or contributing material on our Website; and  

• applying for an employment opportunity with us directly, via an SNS site (eg. LinkedIn) or through your nominated referees.  

2.3       You may also provide information about a third party through the Services, for example, if you share data with a recipient via email or SMS. By providing such information to us, you represent to us that you have obtained consent of the third party for you providing us with their Personal Data for the purposes set out in this Privacy Policy.  

2.4       At times, it is mandatory for you to provide us with your name, contact information and other details which are marked as mandatory, as requested by us. If you choose not to furnish any mandatory personal data requested or wish to withdraw your consent or significantly limit the processing of your personal data, you agree that (notwithstanding any agreement between you and us) we may not be able to provide you with our Services and products.  

2.5       We may also collect your Personal Data through our related bodies corporate, our service providers, third parties, and any other publicly available source so that we may provide a better or more relevant service or product to you.  We may also collect non-Personal Data about you including, but not limited to, data relating to your activities on the Website (including IP addresses) via tracking technologies such as cookies, web beacons and measurement software or data relating to survey responses.  

2.6        Cookies, Pixels, and other tracking mechanisms. We and our partners use various technologies to collect information automatically when you access and use our Services, including cookies, web beacons and measurement software and tools and other similar technologies on the Website and so do our services providers and third parties such as our analytics, advertising or ad serving partners. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Services, we and our partners may place one or more cookies on your computer or other electronic devices or use other technologies that provide similar functionality.  

We may combine our cookies, information collected through the cookies and web beacons on the Website with other information (including information collected by third parties using their own cookies and web beacons and providing our cookies and information to third parties) and use analytics services – to provide better or more relevant services and advertising to you on the Website and third party websites. Our service providers and other third parties may do the same in order to provide more relevant services and advertising to you through other websites that you may visit  

• We and our partners may use cookies to connect your activity on the Services with other information we store about you in your account profile or your prior interactions on our Services to, for example, store your preferences. The use of cookies helps us improve the quality of our Services to you, by identifying information which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your shortlisted properties or preferred searches. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. However, if you choose to disable cookies, many of the free features of the Services may not operate properly.  
• Some of our pages may also include pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to determine users’ interactions with emails we send, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or IP address. We may, for example, implement a pixel on specific Services where you view a certain listing so that we can track whether the listing is of relevance to you while offering recommendations. Through these pixels and cookies we collect information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.  
• We also collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behaviour.  
• We also allow certain third parties to collect information about your online activities through cookies and other technologies when you use the Website. These third parties include (a) business partners, who collect information when you view or interact with one of their advertisements on the Website, and (b) advertising networks, who collect information about your interests when you view or interact with one of the advertisements they place on many different web sites on the Internet. We have no control over such cookies and their use. The information gathered by these third parties are non-personally identifiable information which is used to make predictions about your characteristics, interests or preferences and to display advertisements on the Website, and across the Internet which are tailored to your interests.  
• Many of the third parties we allow to collect information on the Website are members of the Network Advertising Initiative, which offers a single location to opt out of advertising targeting from member companies. To opt out, please follow the link: networkadvertising.org/choices/ and follow the instructions on the site. Another good way of opting out is through the following link: www.aboutads.info/choices/. Lastly, you can manage the type of cookies that are allowed through your browser settings, including completely blocking all cookies if you so wish. For information about how to manage cookies on your browser, please see the help section of the browser you are using.   

2.7       Mobile device and mobile browser information. You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.  

2.8       Location Data. If you enable location services on your mobile device, we, with your permission, may collect the location of your device which we use to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.  

2.9      Email Management. You may receive emails from us for a variety of reasons – for example, if you took an action through the Services, you signed up for a regular report. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.  

2.10      Sensitive Information. In providing our Services, we generally do not collect any sensitive personal data as defined under the Privacy Laws. Unless specifically requested by TBN,  please do not send us or provide any sensitive personal data when using the Services. Any disclosure of sensitive personal data by you will be deemed to be accompanied by your blanket consent for our further processing for whatever purpose you have provided it for.  

3. PURPOSES OF USE 

3.1       The Personal Data which you provide may be used and processed by us (or by third parties (such as Google Analytics) on our behalf) in the aggregate or individually and may be combined with other information for the purpose of managing and operating the Website, the scope of which may include, but is not limited to the following:  

• administering the Website;  
• improving your browsing experience by personalising the Website, for instance by automatically populating forms on the Website when you make enquiries of selected estate agents;  
• enabling your use of the Services available on the Website;  

• providing to you the Services that you have specifically requested;  
• responding to your enquiries or requests pursuant to your emails and/or submission of form(s) on the Website;  
• responding to and taking follow-up action on complaints regarding the use of the Website or any Service provided by us;  
• sending you general commercial communications via any communication channel, not limited to email, voice call, SMS and app notifications;  
• performing office and operational administrative matters;  

• providing third parties with statistical information about our users. Such statistical information may be used to personalise advertising on the Website, but cannot be used to identify any individual user. For details on how to opt out of personalised advertising, please refer to section 9 of this Privacy Policy;  
• contacting you to conduct surveys, research and feedback about our products, services or the Website;  
• combining your Personal Data with information (such as behaviourial information) that we have collected from our service providers, third parties, cookies or web beacons in order to provide you with a better or more relevant and personalised experience and to improve the quality of its products and services and the services of third parties. This includes using the information to report statistics, analyse trends, administer our services and diagnose problems;  
• For the performance measurement and the analysis on market survey and market strategies including for business planning, reporting and estimation; 
• For the analysis, research, development of relevant products, services and activities of TBN to be better or more suitable with your requirements including  the collection of data on the use of TBN’s website for the analysis on the use of website by the users for improvement of website and communication strategies of TBN; 

• verify your identity when you register or log into our Website via your SNS account and remind you of your password and username.  
• allow you to participate in interactive features of our service, when you choose to do so;  
• help carry out our obligations arising from any contracts entered into between you and us;  
• notify you about changes to our products and services;  
• use your Personal Data in direct marketing and/or provide your Personal Data to another person for gain and/or for use by that person in direct marketing as set out in the USE AND DISCLOSURE OF PERSONAL DATA section below; and  

• for any other purpose which we notify you at the time of obtaining your consent in accordance with paragraph 3.2 below.  

3.2       As the purposes for which we may/will collect, use, disclose or process your Personal Data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your Personal Data without your consent is permitted by the Privacy Laws or by any other applicable law.  

3.3       If you submit Personal Data to us in relation to an employment opportunity with us, we may also use your Personal Data to:  

          (a)  consider you for the position for which you have submitted your Personal Data to us or any other positions that are or become available in the future;  

          (b)  respond to you in relation to any future application you make for an employment opportunity with us; and  

          (c)  contact your referees in order to collect the information you have consented to us collecting about you in order to consider you for employment opportunities with us.  

4. ACCURACY AND SECURITY 

4.1       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 provide you with the Services that you have requested.  

4.2       We will take reasonable efforts to ensure that your Personal Data is accurate and up to date if your Personal Data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your Personal Data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete Personal Data arising from you not updating us of any changes in your Personal Data that you had initially provided us with.  

4.3       We strive to ensure the security, integrity and privacy of Personal Data we collect. We have established safeguards and use reasonable security measures to protect your Personal Data from unauthorised access, modification and disclosure. Our employees, contractors, agents and service providers who provide services related to our information systems, are obliged to respect the confidentiality of any Personal Data held by us. We review and update our security measures in light of current technologies. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.  

4.4       You however understand that the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Website; any transmission is at your own risk. Additionally, we cannot assume responsibility for any unauthorised use of your Personal Data by third parties which is wholly attributable to factors beyond our control.  

4.5       Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. We will NEVER ask you for your password other than when you log in to the Website as the case may be.  

4.6       We urge you to take steps to keep your Personal Data safe, such as choosing a strong password and keeping it private, as well as logging out of your user account and closing your web browser when you have finished using our Services on a shared or unsecured device.  

5. USE AND DISCLOSURE OF PERSONAL DATA 

5.1       Direct Marketing Purposes We will not use your Personal Data for direct marketing or disclose your Personal Data to third parties for the purposes of direct marketing unless we have received your express consent. Subject to your consent, we may:  

          (a) use your Personal Data (ie. your name, residential address, mobile phone number, residential phone number and email address) to provide you with information about offers, promotions, goods or services and for direct marketing software service, investment and/or financial products/ services (and we may not so use your Personal Data unless we have received your consent), which we believe may be of interest to you; and  

          (b)  provide your Personal Data (including your name, residential address, mobile phone number, residential phone number and email address) to (i) salespeople, financial and investment providers that have advertising on our Website and which you have requested information from by submitting an enquiry; and (ii) our service providers (so that they can provide you with products or services on our behalf or products or services that you have requested directly from them, or to help us to provide you with our products or services) for gain and/or for use by that person in direct marketing software service, investment and/or financial products/ services (and we may not so provide the data unless we have received your written consent to the intended provision); and  

          (c)  share your information (ie. your name, residential address, mobile phone number, residential phone number and email address) with one of our related companies, our service providers and other third parties (who are our clients or financial services companies, investment service providers and telecommunications services providers) so that they can provide you with products or services on our behalf or help us to provide you with the requested products or services including contacting you in relation to the products or services.  

5.2       Management and Operate of the Website. We may disclose your Personal Data to any member of our group, which means our affiliates and subsidiaries, and/or to third parties in the following circumstances:  

• to software service, investment and/or financial products/ services providers that have advertising on our Website and which you have requested information from by submitting an enquiry;  
• to our service providers (who are our clients or financial services companies, investment service providers and telecommunications services providers), so that they can provide you with products or services on our behalf or products or services that you have requested directly from them, or to help us to provide you with our products or services (including if you are a shareholder, to share registrar and share plan management service providers). If you have subscribed to a service through the operating system on your mobile device (including, but not limited to Google’s “Google Now” service), we will disclose information such as your search history to Google. You can opt out of us providing such information to Google through the operating system on your mobile device;  
• to third parties where you have requested information, services or products from them;  
• to relevant public, government or regulatory authorities, our legal representatives or other concerned parties, in special situations where we have reason to believe that disclosing your Personal Data is necessary to help identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights, property and safety, and the rights, property and safety of our affiliates and subsidiaries, other users of the Website and anyone else who could be harmed by such activities;  
• to our service providers, professional advisors and other third parties for the following purposes  

• for any purpose allowed under any applicable law or regulations;  
• to comply with any legal requirement;    
• to enforce or apply our Terms of Use (at http://www.tbn.co.th/terms-of-use) and other agreements;  
• To protect the rights, property and safety of the Company and the rights, property and safety of its affiliates and subsidiaries. Users of other websites and applications and third parties; 
• in connection with any legal proceedings or prospective legal proceedings; and  

5.3       Consent. We will also not use or disclose your Personal Data to third parties without first obtaining your consent permitting us to do so. However, please note that we may use or disclose your Personal Data to third parties without first obtaining your consent in certain situations, including, without limitation, the following:  

• cases in which the use or disclosure is required or authorised based on the applicable laws and/or regulations;  
• cases in which the use or disclosure is necessary for the provision of any services as per your request or contract which you are a party to;  
• cases in which the use or disclosure is necessary to respond to any emergency that threatens the life, health or safety of yourself or another individual;  
• cases in which the use or disclosure is necessary for any investigation or proceedings;  

• cases in which the Personal Data is used for or disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the Personal Data is necessary for the purposes of the functions or duties of the officer;  
• cases in which the use or disclosure is to a public agency and such disclosure is necessary in the public interest; and/or  
• where such use or disclosure without your consent is permitted by the Privacy Laws.   

5.4       Where we disclose your Personal Data to third parties without your consent, we will employ our best efforts to require such third parties to protect your Personal Data.  

6. INTERNATIONAL DATA TRANSFERS 

6.1       We operate in many countries and may temporarily store, process or transfer your Personal Data between any of the countries in which we operate in order to enable us to use your Personal Data in accordance with this Privacy Policy and our Terms of Use (at http://www.tbn.co.th/terms-of-use)  

6.2       When you provide us with your Personal Data you give us your consent to store your Personal Data outside of your country of residence for the purposes described above. Where we have obtained your consent or taken other measures to do so, we may also share your Personal Data with our service providers and other third parties (including, without limitation, who are our clients or financial services companies, investment service providers and telecommunications services providers) located outside your country of residence in accordance with the Privacy Laws so that they can provide you with any products or services requested by you, including contacting you in relation to the products or services.  

6.3       We will take all steps reasonably necessary to ensure that your Personal Data is transferred in accordance with any applicable law or regulation and take all reasonable steps to ensure that any foreign recipient organisation of your Personal Data is bound by legally enforceable obligations to provide to the transferred Personal Data a standard of protection that is at least comparable to the protection under the PDPA.   

7. APPLICATIONS, WIDGETS OR LINKS THIRD PARTY WEBSITES

The Website may, from time to time, contain links to and from the websites of our partner networks and vendors. We also allow some third parties to display widgets and applications on our Website that allow you to interact and share content including social media buttons such as Facebook share and like, Twitter, Pinterest, LinkedIn and Google+. These linked sites, applications and widgets are not under our control, and we cannot accept responsibility for the conduct of companies linked to the Website, or their collection of information through these third party applications or widgets. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms and conditions of using their website and that we do not accept any responsibility or liability for these policies. Please examine these policies and terms and conditions before you submit any Personal Data to these websites. 

8. WITHDRAWAL OF CONSENT 

8.1       You can withdraw your consent by contacting customer service:  tbn.co.th’s contact is at https://tbn.co.th/contact-us/  

8.2       Please note that 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 continue to provide our Services to you. On notice from you, we will inform you of the likely consequences of the withdrawal of consent, including but not limited to the termination of any agreements you may have with us and your being in breach of your contractual obligations or undertakings. Our legal rights and remedies in such event are expressly reserved.  

9. ACCESS, DELETION AND CORRECTION 

9.1       You can gain access to the Personal Data we hold about you or request a copy of your Personal Data, subject to certain exceptions provided for by law. You can request that we limit or cease the processing of your Personal Data. You can withdraw your consent at any time or request that we delete or destroy the Personal Data or make it unidentifiable, and object to certain types of collection, use and disclosure of your Personal Data, such as by objecting to direct marketing. You may request us for the Personal Data we hold about you, to be sent to you or to another data controller, if (a) you have provided such Personal Data to us, or (b) we are processing such Personal Data on the basis of your consent or to perform a contract with you.  

9.2       All requests for information or requests for access, amendments to or deletion of Personal Data held by us shall be made by submitting a request to our Data Protection Officer at:  [email protected] 

9.3       Please note that we will only accept and act on requests in the English language that comply with this Privacy Policy. Any request that does not comply with the above will be rejected, and we will not take any action in relation to such rejected requests.  

9.4       We may refuse to disclose, delete or amend any Personal Data for the reasons set out in the Privacy Laws.  

9.5       As far as reasonably possible, we will respond to your request within a reasonable timeframe from the date of receipt of the request. If that is not possible, you will be so notified within thirty (30) working days from the date of receipt of the request.  

10. PERSONAL DATA RETENTION 

We will only retain your Personal Data for as long as reasonably necessary to fulfil our duties to achieve the purposes prescribed in this Privacy Policy. If a judicial or disciplinary action is initiated, your Personal Data may be stored until this action ends, including during any potential period for appeal, and will then be deleted or archived, as permitted by the Privacy Laws. During the retention period, we take reasonable security measures to prevent your information from being accidentally lost; used, accessed, altered or disclosed without authorization; damaged or destroyed. Physical security measures include access-controlled premises. Electronic security measures include limited access-control and password.  

11. DISCLAIMER 

We shall not be liable for any voluntary disclosure of Personal Data by you to other users in connection with the use of the Website, as the case may be.  

12. COMPLAINTS RESOLUTION 

Should you require further information about the treatment of your Personal Data by us, please do not hesitate to contact our Data Protection Officer at: [email protected].  

13. USERS BASED IN THE EUROPEAN ECONOMIC AREA 

13.1       If you access our Websites from the European Economic Area (EEA), you may have additional rights under the General Data Protection Regulation, being Regulation 2016/679 (GDPR) in relation to the handling of your Personal Data (as defined in Article 4 of the GDPR).  

13.2       In providing our Services to you, we may monitor your activity on the Websites using automated processes, including for the purposes of counting usage of our Websites and creating audience profiles.  We do this to provide you with more tailored and relevant services, including to show you more relevant properties.  

13.3       In addition to other rights set out in this Privacy Policy, in certain circumstances you may:  

          (a) request access to Personal Data that we hold about you;  

          (b) request a copy of Personal Data that that you have provided to us, in a structured electronic format;  

          (c) request that we update any inaccurate Personal Data that we hold about you;  

          (d) request that we restrict the processing of Personal Data that we hold about you. This enables you to ask us to suspend the processing of Personal Data, for example if you want us to establish its accuracy or the reason for processing it;  

          (e) object to our processing of your Personal Data;  

          (f)  request that we delete any Personal Data that we hold about you, subject to any legal obligations we have to retain your Personal Data; and  

          (g)  withdraw your consent to the processing of the Personal Data that we hold about you. Once you have withdrawn your consent, we will no longer process your Personal Data for the purpose(s) you originally agreed to, unless we are required to do so by law. This will not affect the lawfulness of any processing of Personal Data based on your consent before its withdrawal.  

13.4       Where your Personal Data is transferred outside of the EEA, it will only be transferred to countries that have been identified as providing adequate protection for Personal Data, or to a third party where we have approved transfer mechanisms in place to protect your Personal Data – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).  

13.5       For further information or to exercise any of your rights as a EEA data subject under the GDPR, please contact [email protected]

14. LANGUAGE 

If there is a non-English version of this Privacy Policy, the English version shall prevail if there is any inconsistency between the English version and any local language version. 

15. GOVERNING LAW 

This Privacy Policy shall be governed in all respects by the laws of Thailand.