Customer Privacy Notice

Jubilee Enterprise Public Company Limited (the "Company") values the privacy and respects the rights concerning Personal Data of our customers. The Company ensures that we will protect and process your personal data lawfully in accordance with the applicable personal data protection laws so as to display the Company’s commitment as a Data Controller. The Company therefore intends to establish and publish this Customer Privacy Notice (the "Privacy Notice"), which defines the Company's rights, conditions, and necessity in collecting, processing, and using the personal data of you who may contact the Company; buy the products; and/or use the service under “Jubilee Diamond” and “Forevermark” branding (the “Customer”) for the Customer’s acknowledgement. The Company will only keep, collect, use, and share your Personal Data pursuant to this Privacy Notice.

Acceptance of the Privacy Notice. It is important for the Customer to study this Privacy Notice so that the Customer would understand how the Company is processing your personal data. Once the Customer contacts, buys the product and/or uses the service through any available channels and submit the Customer’s personal data to the Company, it shall be deemed that the Customer have agreed and accepted this Privacy Notice. Please be informed that the processing of all personal data specified in this Privacy Notice essential and necessary for the performance of the duties that the Company have in selling product and/or providing services to the Customer. In case the Customer does not agree to the processing of the Personal Data defined under this Privacy Notice, it might affect the Company’s ability to fulfill its obligation to the Customer.

Scope of Application. This Privacy Notice shall be applicable to any direct communication and/or product purchase between the Customer and the Company, either through offline contact channels including storefront purchases or other direct purchases, or through online contact channels including the Company's website or social media (Facebook / LINE Official Account or other online platforms). This Privacy Notice shall not be applicable to the process of the Personal Data by any other third-parties, even those process connects to the Company’s service (which includes but not limited to the personal data processing by other marketplace service provider). It should be noted that the Company does not have any ability to control the data processing undertaken by those third-party; therefore, it is highly recommended that the Customer should study the relevant privacy notices of those third parties that are separate from this Notice. 

Company’s Disclaimer. The Company reserves the right to amend this Privacy Notice from time to time to ensure the compliance with applicable laws and to reflect change in contact, sale, and delivery as well as other services provisions by the Company; provided that the Company shall notify the Customer of such an amendment via the Company’s communication channels. By contacting, purchasing product and/or the using of service after the amendment of this Notice, the Company shall deem that the Customer has accepted the amended Notice

Definitions

Under this Privacy Notice, (a) “Personal Data” means any information which can be used to directly or indirectly identify a natural person, but not including the information of the deceased person; (b) “Data Subject” means the person who is the owner of the Personal Data collected, used or disclosed to the Company, which includes but is not limited to the Customer who is a natural person and the authorized representative or other related persons of the Customer who is juristic person (such as authorized director or a relevant attorney).

For the avoidance of doubt, in case the Customer discloses the Personal Data of any other realated Data Subject to the Company, upon receipt of such Personal Data, the Company shall deem that the Customer warrants the right to transfer the Personal data of any third parties to the Company for the processing of data under this Privacy Notice. the Customer has the legitimate rights to disclose those Personal Data to the Company and the Company shall be entitled to process the Personal Data of those persons rightfully under this Notice.

The Source of the Personal Data

The Company may receive the Personal Data of the Customer and/or the Data Subject from two sources as follows:

1. Obtained directly from the Customer through various channels (a) the contact via various channels which the Company may have, such as telephone, social media and website; (b) the visit to the Company’s storefront or the Company’s website; (c) the Customer’s participation in the Company’s promotional activities; (d) the completion and submission of information, including any documents for the purchase of products and the use of any supported services of the Company; and (e) The automatic collection by the Company’s system, which may keep collect and use the Personal Data of the Customer contacting via Company’s Website;
2. Obtained from any third party, which may include social media, public media (which the Customer may use to connect for the use of Company’s service); business partner who may transfer the Customer’s Personal Data to the Company (including without limitation to financial institution or retailer that transfer Customer’s data for the purpose of reward redemption); a third-party service provider engaged to provide relevant services relating to the selling of products and the provision of services (which may include but is not limited to the Marketplace service provider); or other persons who may refer the Customer to the Company; provided that the Company shall inform the Customer of those sources.

Personal Data to be Processed

For the coordination, the product trading, price payment and products delivery between the Company and the Customer, the Company need to process the Personal Data of the Customer in each step as follows:

1. For the Customer who purchases the Product at Jubilee’s storefront the Company may collect the Customer's facial image from the CCTV system installed in the store area and from the Customer's participation in the event hosted by the Company, including the live broadcast, the video, or the portrait taken in the store area.

In any instance, if the customer does not prefer to have his or her photo taken, the customer should avoid entering the live streaming area, or  refuse to have your photo taken.

2. For the Customer who purchases the product through Company’s website, the following Personal Data will be collected:

• User Account Registration Information Prior to making an online purchase, the Customer need to open a user account, which includes email or social media account (Facebook/ Google/ etc. required for the connection), password, name, surname, telephone number, date of birth, address, including user account information generated for the reference to each Customer
• Order information, including order details, product purchased and the total amount of the purchase, as well as all transaction information made on the Company’s website;
• Customer’s online identifier, including the IP address; the domain name and other pages which direct the Customer to the Company; log-in information; type and version of browser; time zone setting and location; the configuration information or operating system information of the Customer's device that you use to connect to the Company’s website;
• Cookies (collected with the Customer’s prior consent). The Customer can study the Company’s Cookies Policy for further information.

3. Payment information and/or information used for the issuance of tax invoice, including payment information for products, for instance, payment slip or credit card information collected via POS system or the other payment gateway service providers, as well as the copy of y credit card attached with  identification card the Customer has submitted to the Company’s staff for deducting for card payments, and other proofs of payment; and in case the Customer requests for a tax invoice, the identification documents and the copies of thereof , such as an identification card or passport.
4. For product delivery In case the Customer needs any product to be delivered either purchased online or offline or other direct sell, including full name, delivery address, and contact information such as mobile number or email;
5. Other Personal Data that the Customer may give to the Company in various form made between the Company and the Customer, including but not limited to Warranty Card, exchange and return form according to the conditions specified by the Company, or any information given to the Company for the participation in the promotional activities, survey, competition, sweepstakes, or any activities of the Company;
6. Other Personal Data that the Customer may consent or submit to the Company for the processing of Personal Data such as contact information for using the supporting services or filing a complaint via the Company's specified channels.

 

Purpose of the Personal Data Processing and the Retention Period

The Company may need to collect, use and process the Personal Data of the Customer as defined above for the purposes and the period of time as follows:

1. For the performance of contractual obligations, the Company need to process the Personal Data for (1) coordinating and performing pursuant to the Company’s rights and duties to the Customer, including carrying out transactions for the purchase of products and/or the provision of services, which may include the verification of the Customer’s identity who purchases products and/or requests for services,  order verification, payment verification, product delivery, and the provision of supporting services to the Customer  (2) providing responses to any query, providing suggestions  managing the complaint  filed against the Company; and (3) performing any other contractual obligations that the Company and the Customer are contracting parties ( such as sale and purchase agreement or term of service on the website), or proceeding the Customer’s requests, including the consideration of qualification and suitability of the Customer for the participation in the Company’s activities.

For the aforementioned purposes, the Company will retain the Customer’s Personal Data throughout the period of time that the Company has an obligation to deliver Products to the Customer under the relevant sale agreement or other service agreements s, or throughout the period that the Customer has an active user account with the Company.

2. For the performance of statutory duties that the Company need to proceed such as accounting and tax filing, especially in case the Customer requests for a tax invoice from the Company or a VAT Refund, or the foreign Customer requests for a VAT refund which the Company needs to collect the Customer’s Personal Data for the preparation of such document within the time period prescribed by the relevant laws.
3. For the legitimate interests of the Company without unreasonably affect the Customer’s right as a Data Subject, including (1) to establish and enhance the business relationship between the Company and the Customer, which may include analysis, investigation, management of any issues regarding the services of the Company, customer satisfaction survey, internal audit report regarding the provision of the Company’s services, to assess and manage the enterprise risk; to conduct training or to monitor services provided by the employees, an assessment for service improvement, product design, as well as the Customer segmentation for the marketing and public relations planning; (2) to use and the Customer’s behavior in purchasing products and utilizing services, and the preferences and interests of the Customer in terms of both overall and individual for the purpose of designing and developing of sales and services to better meet  the Customers' needs; (3) to use the facial image of the Customer at the storefront, collected by CCTV system for the security of store area and the Customer; (4) to use the images and other public relation information of the Data Subject that participate in promotional activities for production of the Company’s marketing materials; and (5) to protect the legitimate rights of the Company in case of any complaint or legal defense between the Company and the Customer.

For this purpose, the Company warrant that it shall limit the processing of Personal Data only as necessary for the reasonable period of time for the Company’s business operation without unreasonably affecting the data subject’s rights. The Company may continue to store the Personal Data as unidentifiable statistics data.

4. In case Consent given by the Customer, the Company shall process the Personal Data of the Customer for the specific purpose for which the Customer has given the consent, such as the use of data to inform and offer the Company’s products, services, discounts, and other benefits that match with the Customer’s interests through the Company's communication channel, such as SMS, E-mail, Post, the LINE application, and other Company's online means. The Company will process the Customer’s Personal Data for such until the Customer withdraws the consent given to the Company; provided that the withdrawal of consent shall not affect the collection, use, disclose or processing of the Personal Data undertaken with the Customer’s prior consent.

 

Disclosure of the Personal Data

In principle, the Company shall not disclose or transfer the Customer's Personal Data to any third party. Nevertheless, in case of necessity, the Company may need to disclose and transfer such Personal Data to the following third party:

1. To relevant third-party service providers, which may include the external service provider, providing supporting services for the Company in the performance of the Company’s services to the Customer, such as payment gateway, IT service provider, logistic service provider, business partner who may engaged in hosting activities and the other service providers who involve in the business operation of the Company, such as the consultants, including accounting auditor and internal  auditor; provided that the Company shall only disclose the Customer’s Personal Data only as necessary pursuant to the scope of the Data Processing agreement entered into between the Company and such third-party service provider.

In case the Company transfers and/or transmits the Customer’s Personal Data to a third-party service provider that operates and processes the Personal Data overseas, the Company shall determine the standard for the establishment of a mutual agreement and/or a Data Processing Agreement with such third-party service provider who will receive the Personal Data to ensure that the acknowledged data security measures are in place and are in accordance with the relevant laws to ensure that the Personal Data will be securely protected.

2. To government authorities, which the Company is obliged under the relevant laws or orders of the relevant authorities to disclose the Personal Data, such as the Revenue Department; provided that the Company shall disclose the Personal Data only on the necessity basis to perform such duty.
3. To other persons, in case the Customer gives explicit consent, the Company may disclose the Customer’s Personal Data to a specific person specified by the Customer.

Security measures for the Personal Data

The Company guarantee to implement the appropriate data security measures under the relevant laws to prevent the unauthorized or illegal access, use, change, modification or disclosure of Personal Data.The Company will review the data security measures from time to time to ensure the compliance with the industry standard practices and relevant laws.

Data Subject’s rights

The Company respects the Customer’s statutory rights as a data subject with regards to your Personal Data under control of the Company. The Customer may request to exercise the rights under the relevant laws as follows: (1) right to withdraw the given consent; (2) right to access or request for the copy of  Personal Data; (3)  right to rectification; (4) right to data portability; (5) right to object; (6)  right to deletion or anonymization of Personal Data once there is no further necessity; provided that in case of exercising the right to deletion or data anonymization, the Company might not be able to provide any other products or services or to perform any contractual obligation to you. The Company therefore reserves the right to refuse the deletion of such Personal data if there is any necessity to retain such data; and (7) the right to suspension.

The Customer may contact the Company for any query regarding this Privacy Notice or to request to exercise the data subject’s rights. The Company will notify the consideration result of your request within the reasonable time period under the relevant laws.

For any suggestion, query or complaint regarding your Personal Data, please contact the Company’s DPO via E-mail at DPO@jubileediamond.co.th

Moreover, you may contact the Company via Call Center, please call 02-625-1111 (Monday – Friday: 09.00 AM – 06.00 PM), or via our Website at [ ], or our Head Quarter (specify to: Personal Data Protection Unit) at Jubilee Enterprise Public Company Limited, 179 Bangkok City Tower, 10^th floor, South Sathorn Road, Thungmahamek, Sathorn, Bangkok 10120 Thailand.