Privacy and Data Protection

Introduction

Indoguna Cambodia Co. Ltd. (the “Company”) provides services and information and sells products through different channels, as well as to provide different services through online channels for different people including members, business partners, shareholders and other people in which the Company, as the website owner of www.indoguna-cambodia.com including other applications and online services of the Company (collective referred toas the “Website”). We are aware of the importance of your personal information and we respect all of your privacy rights as our service recipient.

In general, you will be able to visit our Website and review the contents, without the need to provide your personal information. However, you will need to register for an account if you would like to use our services and disclose of your personal information which will be referred to as “personal information” in order for the Company to collect, use, disclose or carry out any other processes relating to your personal information in order for us to provide any transactions relating to services of buying and selling products through our online channels or other channels such as Website, membership registration, buying and selling products online or other sales promotion services, that is executed for the members as stipulated under this Privacy Policy, herein after referred to as “Privacy Policy” . If you do not wish to be bound by the Company’s Privacy Policy, you may discontinue using the service or exit the Website.

Personal information that the Company collects

The Company will collect the following personal information:

  • Identifiable informationsuch as name, surname, birthdate, identification card number;
  • Contact information suchas address for invoices, address for shipping product, email and phone number;
  • Transaction informationsuch as payment details, bank account, required information for issuing taxinvoice, product details and other services that you bought from the Company,including the information of accessing our Website and other services;
  • Technical informationsuch as username, password, interests, setting preferences, IP address, logininformation, browser type, browser version, time and date setting, connectionsetting, operation and platform system and other technology that you have used yourdevices to sign in into our system;
  • Marketing andcommunication information such as marketing services’ satisfactions and communicationchannels, other survey information, opinion, and suggestion;
  • Other information such ascaptured image or footage, voice record when you have contacted with theCompany; and
  • Sensitive data such ashealth information, criminal record,religion and blood type.

Methods that the Company uses to collect your personal information

Yourpersonal information that our Company directly collects will include when:

  • You register yourpersonal information for membership registration in order to receive servicesfrom the Company;
  • You login into our Websiteor the products that you have ordered through our Website or other online channels;
  • When you enter intocommercial transactions and make payments. This includes the use of membershipcard;
  • When you request fordocument relating to tax such as tax invoice;
  • You contact the Company,our representatives or our business partners through offline channels;
  • You subscribe to ouradvertisement or our marketing news, participate in any competition, receivediscounts, or answer surveys;
  • You have participated indifferent events of the Company such as taking photos when receiving prizes orwhere you participated in other PR events;
  • When you contact theCompany, our customer service via both online and offline channels; and/or
  • Other cases according tosecurity protection system of the Company such as CCTV.

The Company will collect your personal information only if you have consented to us or as permitted by laws. For those who are our existing customers before the Personal Data Protection Act B.E. 2562 (the “PDPA”) comes into force, we will continue processing your personal information for the original purposes, which you allowed us to collect your information. If you wish to withdraw your consent or no longer wish the Company to continue collecting or processing your personal information, you may file a form available at the Company’s office, or send an e-mail to indcinfo@indoguna-cambodia.comor contact the Call Center at02-782-6000, Monday-Friday between 09.00-17.00 hours.

If necessary, the Company may collect your sensitive personal information such as health information, criminal record, religion, blood type, etc. only with your explicit consent or when permitted by laws.

Purposes of collection, use or disclosure of personal information

Any collection of your personal information by relevant employees of the Company or other relevant persons or any actions performed on behalf of the Company which is necessary for providing services and management of our Website, including the use of personal information for any undertakings may rely on (1) consent basis (2) contract (i.e. performance of a contract or taking steps at your request before entering into a contract) (3) legal obligation basis and (4) legitimate interest basis by which the purposes of collection, use or disclosure of personal information will be as follows:

  • To proceed your request for membership registration, to execute your orders or provide services via Website and other channels when you enter into commercial transactions and make payments, which includes the use of membership card such as payment for products, making refund, product delivery, using your membership card for entering into any transaction with the Company, and prize delivery, etc. This includes checking and managing the financial transactions initiated by you for the product payment.  
  • To manage and improve the service quality in orderto provide an appropriate and satisfiable services.
  • To conduct marketing, including to inform you about information and offers regarding the Company’s products, services, discounts and other benefits via the Company’s communication channels including SMS, E-mail, post, LINE application and other electronic and online channels, and to assess your purchasing behaviour and service usage as well as your preferences and interests to develop sales and services specifically for you and to offer products, services and benefits which suit your needs.
  • To interview you, including taking photos and recording videos, and publish such interview, photos and/or video recordings on social media and other online platforms for the purpose of promoting and advertising the Company.
  • To conduct business planning, reporting and forecasting.
  • To perform internal administration, including to verify the Company’s internal IT system.
  • To proceed the request relating to tax such asissuing tax invoices, tourist tax refund.
  • To use information for preventing any misconduct or fraud, and for complying with the law, including using information for monitoring and investigating the misconduct, fraud and for security measures.
  • To monitor security in our buildings or premises including to protect your security via CCTV system.
  • To investigate and prepare an incident report in the case where there is any incident occurred.
  • To comply with laws, regulations, orders, legal requirements and obligations of the Company, or to report or disclose information to government authorities as required by laws or upon receiving an order or a writ of attachment from police officers, government authorities, courts, or other competent authorities, to undertake detection and investigation under legal procedures and other regulations including to establish, comply or exercise the rights to legal claims or defend against the rights to legal claims.
  • To assign rights, obligations and any benefits under a contract between you and the Company, for example, merger or transfer of the contract which has been done legally.

In the case where the personal information collected by the Company as stated above is necessary for the Company’s compliance with applicable laws or performance of contract, if you do not provide us with such necessary personal information, the Company may be subject to legal liabilities; and/or may not be able to provide you with our products and services; and/or may not be able to manage or administer the contract or give any convenience for you.

In the case where the Company needs to collect, use, disclose or perform any processes with your personal information, apart from the purposes mentioned in this notice, the Company will revise this Privacy Policy or provide a written document to inform you about such changes, where an additional consent may be required.

Disclosure of personal information

The Company may disclose your personal information to other relevant parties for the purpose that has been stipulated under this Privacy Policy to:

  • Subsidiaries, affiliates and any related companies for purposes of undertaking activities as set out in this Privacy Policy;
  • Agencies, contractors/sub-contractors and/or service providers for their implementation and procedures, for example, carriers, food ordering and delivery service providers, document storage and destruction service providers, printing house, marketing agency, IT development and maintenance service providers, auditors, lawyers, tax and legal advisors, and any consultants;
  • Government authorities, supervisory authorities or other authorities as stipulated by laws, including competent officials;
  • Our business partners or other third parties as per your consent or relevant contractual requirements or legal requirements, as the case may be.
  • The assignee of the rights, duties, and any benefits from the Company, including any persons who are assigned by the aforesaid assignee to act on its behalf, for example, in the case of organizational restructuring, merger or acquisition, etc.

Sending or transfer of personal information within the country

The Company may send, disclose or transfer your personal information to other third parties or our affiliated companies within the country for the purpose that has been stipulated under this Privacy Policy. For the sending, disclosure or transfer of your personal information, the Company will ensure that the company or other organizations that received your personal information will have an adequate data protection standard in order to prevent any damages that may arise. If any sending or transfer of personal information requires consent, the Company will proceed with obtaining consent prior to such sending or transfer.

Sending or transfer of personal information to overseas

The Company may send or transfer your personal information to a country outside of Thailand for the purpose that has been stipulated under this Privacy Policy such as sending personal information to the company which processes personal information on behalf of the Company. Where such disclosure or transfer of your personal information to third parties or affiliated companies located overseas, the Company shall comply with the relevant laws regarding sending or transfer of personal data to overseas and ensure that the receiving country has an adequate data protection and security standard at the same level or same standard as provided under the PDPA.

Retention period of personal information

We retain your personal information for as long as is considered necessary for the purpose for which it was collected, used or disclosed as set out in this Privacy Policy, i.e. as long as you are our member, Website visitor, or for a period as necessary to comply with applicable laws, or to be in accordance with legal prescription, or to establish, comply with or exercise the rights to legal claims or defend against the rights to legal claims, or if you have request us to delete your personal information, or to comply with, for any other cause, our internal policies and regulations.

Your rights

You are entitled to the following rights under the PDPA:

Data Subject’s Rights

Description

1

Right of access

You have a right to get access  and obtain a copy of your personal information that we hold about you, or you  may ask us to disclose the sources of where we obtained your information that  you haven’t given consent. The Company will send such copy to you within 30  days upon obtaining your request. In certain cases, the Company may request  additional information in order to confirm your identity and your rights as  part of our security measures.

2

Right to data portability

You have a right to request us to  transfer your personal information to other persons/organizations, or request  to see the personal information that we have transferred to other  persons/organizations, unless it is impossible due to technical  circumstances.

3

Right to object the processing of your information

You have a right to object to the processing of your personal information at anytime, for example:
1)      It is for the purpose of direct marketing; and/or
2)      It is for the purpose of scientific, historical or statistical research unless it is necessary to performance of a task carried out for reasons of public interest by the data controller.

4

Right of access

You have a right to request us to  delete, destroy or anonymise your personal information in the following  circumstances where:
1)      The personal information is no  longer necessary for the purpose of which it was collected, used or  disclosed;
2)      You have withdrawn your consent to  which the collection, use or disclosure is based on;
3)      You have objected to the  collection, use or disclosure of the personal information and the Company has  no ground to reject such request; and/or
4)      When the personal information has  been unlawfully collected, used or disclosed under the PDPA.

5

Right to restrict the processing of your information

You have a right to request us to  restrict the processing of your personal information in the following  circumstances when:
1)      It is under the pending  examination process of checking whether the personal information is accurate,  up-to-date and complete or not;
2)      It is the personal information  that should be deleted or destroyed as it does not comply with the law and  you request to restrict it instead;
3)      The personal information is no  longer necessary to retain for the purpose of which it was collected, used or  disclosed, but you still have the necessity to request the retention for the  purposes of the establishment, compliance, exercise of legal claims or the  defense of legal claims;
4)      The Company is pending  verification in order to reject the objection request of the collection, used  or disclosure of personal information.

6

Right to withdraw consent

You may withdraw your consent at any time, unless it is restricted by law, or the contract which gives benefits to you. However, the withdrawal of consent shall not affect the processing of personal information you have already given consent legally.

7

Right to rectification

You have a right to rectify inaccurate personal information in order to make it accurate, up-to-date, complete and not misleading. If the Company rejects your request, the Company will record such rejection with reasons.

8

Right to lodge a complaint

You will have the right to make a complaint in the case of where the Company, the data processor including the employees and contractors of the Company do not comply with the PDPA or other announcements of the PDPA.

If you have any questions or would like to exercise any rights relating to your personal information, please contact us by filling in the form available at the Company office, or contact by email to indcinfo@indoguna-cambodia.com,or you can contact us at our Call Center at 023 901 369, Monday-Friday between09.00-17.00 hours, In case of a request for copy of your personal information, the Company will send such copy to you within [10] working days upon obtaining your request. In certain cases, the Company may request additional information in order to confirm your identity and your rights as part of our security measures.

Updating your personal information

In the event that the personal information you have provided has changed, you must notify the Company of such update or edit the provided personal information so that your personal information is always accurate and up-to-date. If any of your personal information is incorrect, it may affect the service provision of the Company and the Company will not be responsible for any loss or damage that may occur to you or the third party as a result of your failure to correct or update your personal information to be accurate in anyway.

Security measures of your personal information

The Company certifies that all the personal information collected will be stored safely and strictly with adequate security standards. If you have a reason to believe that your personal information has been breached or if you have any questions regarding this Privacy Policy, please contact the DPO of the Company.

Marketing Information

The Company will send information about products or marketing information to you from time to time if you have expressed your intention to the subscription to receive the information via our newsletters, telephone, email, or other communication channels. However, you can change the way you receive information, or cancel such subscription at any time by using the same method as to when you subscribed to receive such information from the Company or you may send an email to indcinfo@indoguna-cambodia.com or Call at 023901 369

Cookies program

·        Cookies program will be sent to your web browser or to your device when you visit the Website or check for messages. This program will collect information about website usage behavior and when you ordered other products in order to help the Company to contact and remember your browser or device, which will help facilitate the use of the Website. If you do not wish to use a cookie program, you may refuse to install the said program. However, refusing to use this cookie program may affect you on how you use our Website or online services, or this may make it difficult for you to order products from the Company due to insufficient information, or the Company may require time to request for additional information (if any). You can learn more about our cookies program in our Cookie Policy at www.indoguna-cambodia.com/cookiepolicy

 

Redirecting to other parties’ websites

The Company’s Website may be redirected to other websites for the purpose of facilitating you when you visit other websites. These websites may collect your personal information and the Company will not be involved or responsible for the collection and use of your personal information or the disclosure of your personal information to other websites of other parties, or privacy notice of these websites in any way. For this reason, the Company recommends that you carefully review the privacy notice of these websites before you use the service on those websites.

Information that is the right or property of the Company

The information that appears on online services and Websites of the Company is only for informational purposes only, where all of the information, including text and images that appear on all types of online media, is protected by copyright and other relevant intellectual property laws. Due to this, no one may distribute, reference, copy, reproduce or modify any part of the information, by any means, without obtaining prior written consent from the Company.

In addition, illustrations, photographs, drawings from computers and any other information that appears on online media and Websites will be considered as the Company's property and the Company’s right that has been legally authorised by the copyright owner. The use of such images or information must obtain prior written consent from the Company.

Changes to the Privacy Policy

The Company reserves the right to change, amend or update the Privacy Policy at anytime as it deems appropriate by notifying you of the said change. The Company will notify the changes on the Website or via Call Center at 023 901 369  or E-mail: indcinfo@indoguna-cambodia.com in which you can check at any time.

Contact us

If you have any comments, suggestions, questions or want to make a complaint regarding your personal information, please contact the DPO of the Company by sending an email to indcinfo@indoguna-cambodia.com

In addition, you can contact the Company via our Call Center at 023 901 369 Monday-Friday between 09.00-17.00 hours or through or at our head office No. 5734, Street 1003, Bayab Village, Sangkat Phnom Penh Thmey, Phnom Penh