ODIN Privacy Policy
Last Updated: 07/5/2024
We at www.odinsport.co understand the importance of the protection of your Personal Data. We endeavor to protect your Personal Data in accordance with Thailand’s Personal Data Protection Act B.E. 2562 (2019) and through this privacy policy for the collection, use, and disclosure (collectively, “process” or “processing” of Personal Data (“Privacy Policy”), of our Customers (as defined below) by the Company.
This Privacy Policy will apply to all of our Customers.
1. Definition
“Customer(s)” means the Existing Customer and Prospective Customer, collectively.
“Existing Customer” means a customer (a natural person) who purchases or enjoys our products via all means, for personal use, including users of our application software.
“PDPA” means Thailand’s Personal Data Protection Act B.E. 2562 (2019) which includes guidelines and orders made thereunder and any statutory amendments or re-enactments thereof from time to time.
“Personal Data” means any data whether recorded in a material form or not, from which the identity of an individual is apparent whether directly or indirectly, or can be reasonably and directly ascertained by the entity holding the data, or when put together with other data would directly and certainly identify an individual, but not including the information of deceased persons in particular.
“Prospective Customer” means a natural person who has subscribed to receive any news, updates, promotion, and other marketing materials from us, in spite of the fact that he/she has not purchased anything from us.
2. Our Promises
(1) We will process Personal Data in an appropriate manner including (without limitation) for public interest, vital interest, performance of contract, entering into contract, contractual obligations, performance of public task, legitimate interests, and legal obligations.
(2) We will not process Personal Data, unless the data subject has given consent through a written statement or electronic means prior to or at the time of processing, or unless it is permitted by law.
(3) We will inform you regarding the purpose of use for your Personal Data and use such data within the scope of such purpose.
(4) We will take necessary and appropriate measures to safely manage Personal Data.
(5) Except where otherwise specified, we will not share or disclose Personal Data to any third parties unless in case of: given consent, or consent not required for processing as permitted by law.
(6) We will respond appropriately in the event that an individual contact the appropriate point of contact regarding display, correction, deletion, withdrawal (in full or in part) and/or termination of use of their respective Personal Data.
3. Collection of Personal Data
We generally collect the Personal Data directly from you; however, in the case where it is necessary for us to collect your Personal Data from other sources, we will ensure that your Personal Data will be collected and protected in accordance with the PDPA.
We will collect and process your Personal Data within the purpose, scope, and lawful and fair methods as is necessary which is explained herein below. In case the Company needs to collect a sensitive personal data, the Company shall request explicit consent from you before such collection, except for when this is permitted by the PDPA, or other laws.
Category of Personal Data Example of your Personal Data
Device information and access data Device ID, device identification, operating system and corresponding version, time of access, configuration settings, information on Internet connection (IP address), site browsing/action history and computer/connection data, etc.
Identification and contact information
Full name, mobile phone numbers, address, email, social media account, address, date of birth, gender, ID card number, passport number and data contained in the passport, nationality, signature, username and password of your online account, purchase history, etc.
Payment information For example, your credit card number, your bank account number, and information of payment evidence
In the case where we will collect the Personal Data other than those prescribed in this Privacy Policy, we will inform you about the collection or the processing of the Personal Data and may request for your consent (if required), in accordance with the conditions prescribed by the PDPA.
4. Purpose of Processing of Personal Data
We use Personal Data provided to us by individuals for only the following purposes (“Purposes”):
Purposes Legal grounds for handling
• Creating and proceeding with registration of customer account
• Responding to, confirming and archiving inquiries, consultations, and other support
• Proceeding with your purchase payment
• Products delivery
• Handling your request and/or complaints in respect to our products and services Contractual Obligation
* If you do not provide any Personal Data that is necessary for creation/registration of customer’s account in our systems, or for our communication with you, or for our entering into the contract with you, or for handling your request and/or complaints, we may not be able to enter into a contract with you, nor to execute or perform our obligations as specified under the said contract (either in whole or in part), nor to proceed with your purchase and the payment, nor to solve your concerns and requests including to return your purchase payments or to answer your queries.
• Conducting data analysis, product development and improvement of other services;
• Sending promotional message, marketing campaign, newsletter, advertisement Legitimate interest
(For Existing Customer)
Consent
(For Prospective Customer)
• Complying with applicable laws, regulations, orders, notifications, or other rules issued by authorities.
For example, to proceed or submit any required information and documents, or arrange to comply with our tax obligations and to submit the required documents to the Revenue Department including but not limited to processing with VAT refund and issuing of invoice. Legal obligation
• Establishing, exercising, and complying or defending of legal claims Legitimate interest
• Operating, maintaining, and managing our business and your relationship with us Consent
• Cookies
Your Personal Data may be processed in order to enhance your experience of visiting and using our website, to make the visit of our website more attractive, and to enable the use of certain functions, we use so-called “Cookies” on various pages.
For more information of the Cookies we use, please refer to section 9. Cookies below
Consent
for personalization and advertising cookies
In the case where we will process your Personal Data for purposes other than those prescribed in this Privacy Policy, which has been informed you, we will inform you about such additional processing of the Personal Data, and/or arrange to obtain your consent, if required by the applicable law.
For the Customers who post/submit their Personal Data or any information on our website or application software, please note that all rights of publicity, copyrights and other industrial property rights in such posted/submitted works shall be attributed to the user who posted/submitted such works; provided, however, that upon posting/submitting such works, the user shall be deemed to have granted the Company a global, royalty-free and non-exclusive license (with right of sublicense to third parties) to use (including, without limitation, reproduce, publicize, send, distribute, assign, loan, translate and adapt) such works, and such user agrees that he or she shall not assert any rights in such works.
5. Provision of Personal Data to third parties
We will not provide Personal Data to any third parties without your consent except in the following cases:
• If you have agreed to the provision of your Personal Data;
• If it is necessary for the preservation of life, body or property, and the relevant consent(s) cannot be easily obtained;
• If the handling of Personal Data has been entrusted in whole or in part to a third party within the scope necessary to fulfill the purposes of use (we take measures to prevent leakage, loss, or falsification of Personal Data, such as by carefully selecting our contractors, entering into agreements with contractors regarding the handling of Personal Data, and directing and supervising our contractors as necessary);
• If your Personal Data is processed on the behalf of the Company by third parties intermediaries providing adequate level of data protection.
• If Personal Data is provided in connection with the succession of business due to merger or other reason; and
• Where permitted and/or required by applicable laws or regulations.
In these situations, the destination countries may have different data protection standards to those prescribed by the data protection authority in Thailand but we will ensure that it will protect your Personal Data by implementing adequate personal data protection standards for the transfer of your Personal Data outside Thailand, as prescribed under the PDPA and we will bear responsibility for processing of any shared use of Personal Data by way of our Data Protection Officer.
6. Your rights under the PDPA
As a data subject, you have the following rights under the PDPA:
(1) to be informed whether Personal Data pertaining to you shall be, are being or have been processed;
(2) to request for the access to, to obtain a copy of, to update or correct any Personal Data that is related to you;
(3) to request information about how we have processed or are processing your Personal Data, and to request that we disclose the source(s) of your Personal Data which has been obtained without your consent;
(4) to withdraw (in full or in part) of your consent given previously) in relations to your Personal Data held by us;
(5) to dispute the inaccuracy or error in the Personal Data and have the Company corrects it accordingly, unless the request is vexatious or otherwise unreasonable;
(6) to suspend, withdraw (in full or in part) or order the blocking, delete, destroy, de-identify, removal or destruction of your Personal Data from our filing system upon discovery and substantial proof that the Personal Data are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected;
(7) to request to object and to request the suspension of the processing of your Personal Data;
(8) to request that we transfer your Personal Data in a format which is generally readable or usable by automatic device or tool; and
(9) to lodge a complaint in relation to our processing of your Personal Data with the Personal Data Protection Committee, in accordance with the procedures set out in the PDPA.
7. Inquiries regarding Privacy Policy
(1) Upon receipt of a request for exercising your rights under the PDPA, we will promptly respond to such requests upon confirming the identity of the person through prescribed procedures.
(2) By providing your Personal Data to us, you confirm that all Personal Data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your Personal Data.
(3) We have the right to refuse to comply with data access request in case of: irrelevant information, high expenses and risks, affect on other’s data, violation of order of court, and disclose confidential commercial information.
(4) Turnaround time
We will respond as soon as possible but usually within thirty (30) days from the date of request by data subjects of Personal Data.
8. External risks
(1) Please be aware that communications over the internet, such as emails/web-mails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the world wide web/internet. We will procure the appropriate security measures to protect your Personal Data in accordance with the PDPA but we cannot and do not accept responsibility for any unauthorized access or interception or loss of Personal Data that is beyond our reasonable control.
(2) Certain activities, such as special promotions, may be linked with those from other unrelated third-party companies that offer you the option to disclose your Personal Data with the third-party. We will not disclose your Personal Data with those third-party companies; only you can if you make that choice. Links provided on the third-party websites are provided as a convenience to you and we do not control those sites or their privacy practices, which may differ from ours. We do not endorse or make any representations about any third-party sites that may be accessible through the sites. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements. We encourage you to review the privacy policy of any company before submitting your Personal Data. The Personal Data you choose to give to unrelated third parties is covered by their privacy policies, not covered by this Privacy Policy.
9. Cookies
To provide you with product and styling recommendations and improve our services to you, (in addition to the uses described above) we will also collect and use customer identifying data, site browsing/action history and computer/connection data, including such data obtained via Cookies (collected data may contain, but is not limited to, Customer’s Personal Data). We may also collect other data which may be collected via conventional internet technologies and use such data for analysis.
“Cookies” are a technology used on computers (hard drives) to record and manage data about individuals visiting web pages.
Some of our web pages use Cookies in order to allow our customers to browse our web pages more conveniently. If you choose to block or refuse the use of Cookies by changing or resetting the Cookie settings on your web browser, some or all services (such as product purchase) or certain features on our website may be unavailable or not function properly.
Additionally, to optimize our web pages, Cookies will also be used to examine usage by individuals but cannot be used to identify an individual.
We issue Cookies for the following purposes:
(1) Establish traffic statistics (number of visits, page views, abandonment during the order process) to monitor and improve the quality of our services.
(2) Adapt the presentation of our website to the display preferences of your terminal.
(3) Memorize information entered in forms, manage and secure access to specific and personal places such as your account, manage your shopping cart. We may send you e-mails to keep you informed of the status of your order. You can cancellation the email by way of clicking on the unsubscribe link in each email.
(4) Provide you with content, including advertising, related to your interests and customize the offers in align with your needs.
(5) For the purpose of distributing advertisements, we may obtain and use behavior information from cookies issued by third parties. Details of cookies from third parties and the information obtained will be handled in accordance with the applicable third party’s privacy policy. If you wish to invalidate advertisement deliveries via the cookies of contractors, please invalidate them from the site of the relevant company below: GoogleAnalytics/LINE/AppsFlyer/FireBase
10. Where we store your Personal Data?
(1) Internet is used in a global environment, using it to collect and process Personal Data involves the transmission of data on an international basis. The Personal Data that we collect from you may be transferred to, accessed in and stored at, a destination outside Thailand, these Personal Data will always be held securely and in line with the requirements of any applicable regulations regarding PDPA.
(2) Your Personal Data may also be processed by third-parties operating within or outside Thailand, working for us or for one of our suppliers, where necessary, for the purposes mentioned hereinabove in align with the PDPA. Such third parties may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. When we transfer the Personal Data to third parties outside Thailand, we ask them to provide adequate guarantees to implement appropriate technical and organizational security measures in such a manner that processing will meet the requirements of Thailand laws and regulations and ensure the protection of your rights as a data subject.
11. Protection of Personal Data
(1) We will ensure that the Personal Data collected by or on behalf of the Company is proper kept and having adequate security measurement to protect the processing of the Personal Data which will be in accordance with the PDPA requirements.
(2) We will ensure protection of Personal Data in our possession or under our control by making security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, and disposal.
12. Retention Period
(1) We will cease to retain the documents containing the Personal Data or remove the means by which the Personal Data can be associated with the individuals when it can be assumed that: the purpose for which the Personal Data was collected is no longer being served by retention of Personal Data, and the retention is not necessary for legal or business purposes.
(2) However, we reserve the right to retain and keep your Personal Data until for a period of necessary for the Purposes specified in Clause 4 or applicable laws.
13. Minors
(1) Our website is intended only for persons who are at least twenty (20) years old. If you are an individual under 20 years of age (“Minors”) or individuals who are not legally competent to give consent, you confirm that your parents or guardians read this Privacy Policy together with you and you have coordinated to request and obtain the consent (if required) from the following person (on case by case basis) for us:
a) the holder of parental responsibility over the child when the Minors are not entitled to act alone or when the Minors are below 10 years of age; or
b) the custodian who has the power to act on behalf of the data subject who is an incompetent individual; or
c) the curator who has the power to act on behalf of the data subject who is an quasi-competent individual.
You may also be requested to provide the contact details of such person to us for our request of consent in accordance with the PDPA.
(2) In the event that we aware that we have unintentionally processed the Personal Data of Minors or individuals who are not legally competent to give consent. We will immediately cease the processing of such Personal Data. Unless there is an applicable law or there is another lawful basis for the Company to continue processing such personal data.
14. Others
(1) The Company reserves the right to change or revise this Privacy Policy from time to time without prior notice to incorporate any changes in its procedures for protecting the Personal Data or any regulatory changes.
(2) We will notify you of any amendments to this Privacy Policy via announcements on our Company website or any other appropriate means. Please check our website from time to time to see if there are amendments to this Privacy Policy. If we amend this Privacy Policy, the amendment will only apply to Personal Data collected after we have posted the revised Privacy Policy.
(3) Further, by continuing to use the services, purchasing products from the Company or by your continued engagement with the Company following the change or revision to this Privacy Policy, you will be treated as having agreed to and accepted those amendments.
Date of issuance of this Privacy Policy: 07/5/2024