This Policy only applies to any information that you provide to us or that are collected through your use of Our Services or our websites operated by us (“Our Websites”) including Personal Data. If you provide your information to any external services operated by third-party other than the Company (“External Service Providers”), please refer to the privacy policies or terms separately established by the respective External Service Providers.
We recognize the importance of your personal information. We promise to respect your privacy and keep all your personal information confidential as detailed as follows:
1. Who are we?
We are Bangkok Art Auction Center Co., Ltd., a corporation having its registered office at CW Tower, Unit 315-316, 90 Ratchadaphisek Road, Huai Khwang, Bangkok, 10310 Thailand. (“we”, “us,” or “our”).
2. What are Our Services?
Our Services mean any services or products provided by us to you, such as auction or private sale.
3. What is Personal Data?
In this Policy, “Personal Data” means information relating to an identified or identifiable natural person which is collected by us, but excluding personal data of deceased natural persons; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
4. What information do we collect?
4.1. We will collect the following information about you:
1) Information you provide to us directly
We will collect the following information about you which you provide to us:
a. Profile Information: such as name, age, mailing and billing address, phone number, email address, login name, login passwords, payment or banking information, identification information (such as ID number, driver’s license number, address, domicile), birth date, gender, and photo;
b. Personal Data with Special Protections: you may choose to provide us through Our Services with your information of a sensitive nature such as racial or ethnic origin, criminal records, health, disability, labor union, or any other information of a sensitive nature. These could be subject to special protections under the laws of your country;
c. Information of Communication with Us: such as information about the communications between you and us including your inquiry, compliments, and other contact to us.
2) Information about your use of Our Services or Our Websites
We will collect the following information created when you use Our Services:
a. Usage Information: such as access dates and times, app features or pages viewed, apps and other system activity, type of browser. In some cases, we collect this information through cookies, beacons, tags, and similar technologies that create and maintain unique identifiers;
b. Device Information: such as information about the devices you use to access Our Services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information;
c. Communication Information: such as information about the communications between you and other users or third party through Our Services or Our Websites, such as texts, profiles, messages, photographs, graphics, images, icons, voice, video, and other information contents;
d. Transaction Information: such as transaction details related to your use of Our Services, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, and payment method.
3) Information provided from Extra Service providers
a. We will collect information about you provided from External Service Providers due to your consent, including our business partners through which you create or access your account on Our Services, such as payment providers, social media service providers, or providers of applications or websites who use our APIs or whose API is used by us (such as Facebook, Inc. or Google Inc., Invaluable LLC.), marketing service providers, or publicly available sources.
4.2. We will notify you or make announcement separately if the provision of your Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into an agreement, as well as the possible consequences of failure to provide such data.
4.3. We will not use a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
5. On which legal basis do we process Personal Data?
We will only process your Personal Data based on the following legal bases:
1) obtaining your prior unambiguous consent;
2) necessity to perform our contractual obligations in a contract to which you are a party or to take procedures upon your request prior to entering into a contract;
3) necessity to comply with our legal or regulatory obligations;
4) necessity to protect your vital protect your vital interests or those of another natural person;
5) necessity to perform a task carried out in the public interest;
6) necessity to pursue legitimate interests of us or a third party (please contact us regarding the balancing test for legitimate interests).
Further, if you are a user of Our Services in the EU, we will process your Personal Data of a sensitive nature provided by you in accordance with special criteria as prescribed in the General Data Protection Regulation (“GDPR”).
6. How do we use information about you?
We will use the following information about you which we collect for the following purposes:
1) Providing, personalizing, and improving Our Services
We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of providing, personalizing, and improving Our Services; these include the following purposes:
a. to provide Our Services to you and notices regarding Our Services or Our Websites;
b. to improve, research, and develop Our Services or Our Websites;
c. to customize or personalize the contents or features of Our Services or Our Websites;
d. to confirm and verify your registered information on Our Services or Our Websites;
e. to charge fees and other payment relating to Our Services;
f. to verify and carry out financial transactions relating to Our Services;
g. to identify visitors or audit downloading of data on Our Services or Our Websites.
2) Advertising, marketing and analyzing
We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of advertising, marketing and conducting sales promotion of Our Services; these include the following purposes:
a. to customize advertisement to adapt to your characteristics and interests.
b. to help advertisers to measure and analyze the effectiveness and distribution of their ads and services and to understand what types of people use their products or services and how people are attracted to their products or services.
We will not sell or share your Personal Data to third parties for third-party direct marketing purposes.
3) Research and development
We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of testing, research, analysis and service and/or website development.
4) Communication with you
We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of communication between you and us; these include the following purposes:
a. to notify you of amendments of Our Services, our new products or services, our products or services of which you are not a user, user participatory events, and other information relating our business;
c. to notify you in the event of order confirmation, termination, suspension, or cancellation of Our Services, or other important information relating to Our Services;
d. to respond to inquiries, claims or disputes from you regarding Our Services;
e. to facilitate your payment, delivery of any product or services or issuance of financial documents regarding Our Services;
f. to provide customer support services to you;
g. To provide you with information we think you may find useful or which you have requested from us, including information about our products or services on Our Websites, provided you have indicated that you have not objected to being contacted for these purposes.
5) Security and safety
We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of maintaining the safety, security, and integrity of Our Services and users; these include the following purposes:
a. to prevent inappropriate use of Our Services by users;
b. to prevent infringing the right of users or third party through Our Services.
6) Legal proceedings and requirements
We will use your Profile information, Information of communication with us, Usage information, Device information, Communication Information, Location information, Transaction information, Information provided from Extra Service providers for the purpose of investigating or addressing claims or disputes relating to your use of Our Services, or as otherwise allowed or requested by the applicable laws or regulations, judicial or government entities, or official inquiries.
7. What do we do to keep your Personal Data secure?
We properly maintain Personal Data by assigning a person in charge of managing Personal Data and takes all adequate and necessary security measures to maintain integrity and confidentiality of Personal Data.
However, please note that although we take appropriate steps to protect your Personal Data, no website, product, device, online application or transmission of information, computer system or wireless connection is completely secure and therefore we cannot guarantee the security of your Personal Data.
8. How long do we store your Personal Data?
We retain your Personal Data for the period necessary to fulfil the purposes for collecting and processing your Personal Data as prescribed in “6. How do we use information about you?” section above or for the period required by the applicable laws and regulations. Specific retention periods are determined based on the following considerations: the purpose for collecting and processing the Personal Data, the nature of the Personal Data, and the necessity of retaining the Personal Data for legal or business reasons.
After the date on which you become no longer a user of Our Services, when your Personal Data is no longer required for the purposes, or when required to delete by the applicable laws and regulations, we will only keep your personal data for a period of time that is appropriate and necessary for each type of personal data and for the purposes as specified by the Personal Data Protection Act.
9. What are your rights and how can you exercise them?
9.1. What are your rights?
You have the following rights regarding your Personal Data we collect and store under the applicable laws and regulations (and GDPR if you are a user of Our Services in the EU):
1) the right to obtain information regarding processing of your Personal Data;
2) the right to access to your Personal Data;
3) the right to obtain a copy of your Personal Data in our possession;
4) the right to request the correction or the update of your inaccurate Personal Data;
5) the right to request the erasure of your Personal Data (if certain conditions are satisfied);
6) the right to restrict on processing of your Personal Data (if certain conditions are satisfied);
7) the right to object to the processing of your Personal Data (if certain conditions are satisfied);
8) the right to data portability (if certain conditions are satisfied), which is the right to receive the Personal Data you have provided to us in a structured, commonly used and machine-readable format, to transmit such Personal Data to a third party without hindrance from us or to request us to transmit such Personal Data directly to a third party in case the processing is carried out by automated means;
9) the right to withdraw the consent which you have given to us at any time; provided, however, your withdrawal of consent will not affect the lawfulness of collection and procession prior to such withdrawal;
10) the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except the following cases:
a. in case the decision is necessary for entering into, or performance of, a contract between you and us;
b. in case the decision is authorized by Union or Member State law to which we are subject, and which also lays down suitable measures to safeguard your rights, freedoms, and legitimate interests;
c. in case the decision is based on your explicit consent.
9.2. How can you exercise your rights?
If you intend to exercise any of the above rights, please contact us on “12. Contact Detail” section below.
If you are not satisfied with how we process your Personal Data, you may contact us on “12. Contact Detail” section below; if you are a user of Our Services in the EU, alternatively you may file a complaint with the Data Protection Supervisory Authority of the Member State of your habitual residence, place of work, or place of the alleged infringement.
11.1. Once the registration process is completed, you will have all the rights as our member. We may send you our information, news, activities, promotions, discounts, and events updates. You can enjoy special promotions and privileges designed only for members of Our Websites. If you do not wish to receive such information, please send an email to us at email@example.com
11.2. We collect, use, disclose, transfer, and process your location information for any purposes as stated in “6. How do we use information about you?”. You can withdraw the rights for us to receive your location information through the settings on your device. If you have questions about how to disable location-based services on your mobile device, please contact your mobile service provider or device manufacturer.
12. Contact Details
IF you have any questions regarding this Policy, please contact us through the following Data Controller or Representative set out below.
Bangkok Art Auction Center Co., Ltd.
CW Tower, Unit 315-316, 90 Ratchadaphisek Road, Huai Khwang, Bangkok, 10310 Thailand.
(+66)64 828 9394
Established on 30 June 2022
Latest Amendment on 30 June 2022