Privacy Notice
Last Updated: January 2024
Kudun and Partners Company Limited (“we,” “us,” or “our”) emphasizes the importance of data protection and privacy. Therefore, we have prepared this Privacy Notice (the “Privacy Notice”) to be in line with the Personal Data Protection Act, B.E. 2562 (2019) and its regulations (the “Personal Data Protection Laws”) to inform you of how we collect, use, disclosure, or otherwise process (collectively, the “process”) your Personal Data and explain your rights in connection with such Personal Data as well as your options to protect such Personal Data.
In this Privacy Notice, “Personal Data” means any information relating to an identified or identifiable living individual who can be identified from that data or from that data and other data. In addition to Personal Data, there are special categories of Personal Data called “Sensitive Data,” which means any Personal Data revealing racial, ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, and biometric data of a person. Issuing the Privacy Notice ensures that you are informed and acknowledged of the details of our processing of Personal Data.
This Privacy Notice applies to data subjects involved with us, which may include the following external parties: (i) who visit our website at www.kap.co.th, (ii) who contact us by face-to-face interaction or through any other channels, such as email, telephone, post, website, and social media accounts, (iii) who engage our legal and related services, (iv) who provide goods or services to us, and (v) any individuals related to our activities (collectively referred to as “you” or “your”).
If you have any questions regarding this Privacy Notice or if you wish to exercise your rights under the Personal Data Protection Laws, you can contact us by using the contact details specified below:
Kudun and Partners Company Limited
34/3 Vivre Langsuan, 4th, 5th, and 6th Floor
Soi Langsuan, Lumpini, Pathumwan, Bangkok 10330, Thailand
Email: pdpa@kap.co.th
Personal Data that we may collect from you may vary according to the extent of the services you use or your other interactions with us. These Personal Data include, but are not limited to the following categories:
General Personal Data
The following types of General Personal Data may be collected from you:
a) basic data, such as full name, nickname, signature, title, position, job responsibilities, photograph, date of birth, place of birth, age, marital status, gender, nationality, copy of national ID card, copy of passport, driving license, business name card, or similar identifiers;
b) contact details, such as postal address, work address, telephone number, email, social media accounts;
c) financial data, such as billing address, bank account, credit card or other payment information;
d) marketing and communication data, such as communication preferences or marketing opt-ins;
e) event data, such as attendance at and provision of feedback forms in relation to our events;
f) usage data, such as IP address, log file, model name, your use of our networking facilities, WiFi, or similar electronic services;
g) audio and video recording, such as audio recordings, online meeting, webinar, or other information obtained through electronic means; or
h) other data as necessary, or relevant to the provision of our legal and related services.
Sensitive Data
In some circumstances, the following types of Sensitive Data may be collected from you:
a) religious beliefs and blood group included in a copy of national ID card; or
b) health data.
In general, we may directly collect your Personal Data from you, for example:
a) when you contact us, whether in written or oral communications, and whether by face-to-face interaction or any other channels, such as email, telephone, post, website, social media, or other presences;
b) when you engage our legal and related services, including e-newsletter subscription;
c) when you enter into a contract with us and perform the contractual obligations; or
d) when you provide goods or services to us.
However, when there is an applicable lawful basis, we may indirectly collect your Personal Data from other sources, for example:
a) when Personal Data is publicly available sources; or
b) when we collect Personal Data through relevant third parties.
We may process your Personal Data for the specified Scope and Purposes (“Scope and Purposes”) as set out below:
a) making a site visit;
b) making contact with you;
c) providing you with our legal services and other relevant services;
d) conducting conflict background and conflict check;
e) entering into contracts and/or making business deals;
f) procuring products or services;
g) interacting with government or regulatory agencies or other authorities;
h) notifying you of our new campaigns, promotions, newsletters, updates, and invitations to seminars, webinars, training, and other relevant services;
i) encouraging and enhancing business and service development, including arranging activities and events;
j) developing our marketing strategy;
k) managing and collecting payments and fees; or
l) making other activities related to you.
To process your Personal Data according to the Scope and Purposes lawfully, we rely on various lawful bases under the Personal Data Protection Laws. However, we may process your Personal Data on more than one lawful basis depending on the specific Scope and Purpose for which we are using your Personal Data. The lawful bases that we rely on include:
We are obligated to process your Personal Data to carry out the contractual obligations committed to you. These required Personal Data make up most of the data stated in Clause 2. If you withhold any of your Personal Data for the specified Scope and Purposes, we may not be able to fulfill our contractual obligations under the contracts made with you.
In specific situations, we may require your Personal Data to achieve our or any third parties’ legitimate interests, provided that such legitimate interests do not override your interests and fundamental rights and freedoms.
We are obligated to process your Personal Data according to any legal obligations and requirements, including but not limited to providing your Personal Data to relevant government agencies, such as Revenue Department. If you withhold any of your Personal Data for the specified Scope and Purposes, there might be consequences under applicable laws.
In some circumstances, we may require your explicit consent to process your Personal Data or Sensitive Data. In requesting your consent, we will comply with the requirements of the Personal Data Protection Laws.
We may disclose your Personal Data to external parties according to the Scope and Purposes and the lawful bases specified in Clause 4. The parties may include:
a) our business partners;
b) our social media platforms;
c) our service providers;
d) counterparties and their legal representatives;
e) media and publication companies;
f) relevant government agencies; or
g) any persons or juristic persons who have a partnership relationship with us.
We may transfer your Personal Data to third parties or servers in another country according to the Scope and Purposes and the lawful bases specified in Clause 4. We ensure that any cross-border transfer will comply with the Personal Data Protection Laws.
We will retain your Personal Data for as long as necessary for the following reasons:
a) to fulfill the Scope and Purposes set out in this Privacy Notice;
b) to establish, exercise, or defend the legal claims; or
c) to comply with the period under the applicable laws and regulations.
Your Personal Data rights under the Personal Data Protection Laws include:
a) Right to withdraw consent – where your consent has been obtained, you are entitled to withdraw such consent by submitting the consent withdrawal form to us;
b) Right of access – you may have the right to request access to and obtain a copy of all your Personal Data processed by us;
c) Right to data portability – you may have the right to receive a copy of your Personal Data in a commonly used electronic format. You may also have the following rights:
(i) the right to transfer your Personal Data automatically to other organisations; and
(ii) the right to receive a copy of your Personal Data that is automatically transferred to other organisations, except where it is technically unfeasible;
d) Right to object – you may have the right to object to any processing activities of your Personal Data in some circumstances;
e) Right to erasure – you may have the right to request for the deletion or anonymisation of the Personal Data that we process about you, in accordance with the following cases:
(i) the Personal Data is no longer necessary for the processing purposes;
(ii) you have withdrawn your consent;
(iii) you object to the unlawful processing of your Personal Data based on legitimate interests; and
(iv) the processing activity is not in accordance with the law;
f) Right to restrict processing – you may have the rights to restrict any data processing activities in the following cases:
(i) during the verification process where you exercise your right to request for the rectification of your Personal Data or your right to object the processing of Personal Data;
(ii) when the Personal Data is initially requested for erasure but is followed by an additional request to restrict the processing instead; and
(iii) when you request to restrict the processing of Personal Data due to legal claims.
g) Right to rectification – you may have the right to have any inaccurate or incomplete Personal Data rectified; and
h) Right to lodge a complaint – you may have the right to lodge a complaint to competent authorities in case we unlawfully process your Personal Data or do not comply with applicable laws.
If you wish to exercise your rights under the Personal Data Protection Laws, you can contact us using the contact details specified in Clause 1. We will consider your request and proceed with your request within 30 days from the date we receive the request. However, please be informed that your rights are subject to the relevant factors and that we may not proceed with your request if we can rely on the lawful grounds to process your Personal Data.
Depending on our discretion, we may charge an administrative fee for processing your request.
At our sole discretion, we reserve the right to amend this Privacy Notice from time to time. This Privacy Notice was last updated in December 2023.
