This document was most recently updated on November 8th, 2023.
Phuket Dream Real Estate referred to as ‘we,’ ‘us,’ or ‘our,’ places a high value on your privacy and is dedicated to safeguarding your personal data. In this privacy notice, we will provide you with information regarding how we collect and process personal data and elucidate your privacy rights.
It is essential that you review this privacy notice in conjunction with any other privacy notices or fair processing notices we may issue on specific occasions when gathering or processing your personal data. This will ensure that you have a comprehensive understanding of how and why your data is used. Please note that this privacy notice complements other notices and is not intended to override them.
As the controller of your data, we are responsible for ensuring that the personal data we possess is accurate and up to date. We kindly request that you inform us of any changes to your personal data during your engagement with us.
In some instances, we may act as a processor for your data on behalf of a controller, in which case we are not responsible for the data, but we uphold the same privacy standards.
Our services are not intended for children, and we do not knowingly collect data related to children.
Contacting Us & Complaints
We have designated a data privacy manager. If you have any inquiries about this privacy notice or wish to exercise your legal rights, please reach out to us via email at: email@example.com
In instances where we provide links to third-party websites, plugins, or applications during our engagement with you, it should be understood that we do not control these third-party resources, and their privacy policies are beyond our purview. Clicking on such links or enabling these connections may result in third parties collecting or sharing data about you. We encourage you to review the privacy notices of every website you visit.
If we are legally required to collect personal data, or if it is necessary to fulfill a contractual obligation we have with you, and you fail to provide this data upon request, we may be unable to carry out the contract or provide you with the intended services. In such cases, we will notify you if this is the situation. Please note that we accept no liability under the contract if it cannot be fulfilled due to your failure to provide the necessary data.
Data We May Collect
Personal data encompasses any information that identifies an individual. It does not include data from which personal identity has been removed (anonymous data).
We may collect, use, store, and transfer various types of personal data about you, which we have categorized as follows:
- Identity Data: This includes your first name, maiden name, last name, username or a similar identifier, marital status, title, date of birth, and gender.
- Contact Data: It comprises postal addresses (home, work, properties owned, and other), email addresses, and telephone numbers.
- Financial Data: This category includes bank account details and payment card information.
- Transaction Data: These details pertain to payments, fees, charges, and information about products and services you have purchased from us.
- Technical Data: This type of data encompasses internet protocol (IP) addresses, your login credentials, browser type, and version, time zone settings, location, browser plugin types and versions, operating systems, and the technology utilized in the devices you employ.
- Profile Data: It consists of your username and password, details of purchases or services provided to you, your interests, preferences, feedback, and survey responses.
- Usage Data: This includes information regarding how you utilize our website, products, and services.
- Marketing and Communications Data: These details encompass your preferences concerning receiving marketing material from us and our third parties, along with your communication preferences.
We also collect, use, and share Aggregated Data, which comprises statistical or demographic data. Such data is used for various purposes but is not considered personal data under the law since it does not directly or indirectly disclose your identity. For instance, we may aggregate Usage Data to determine the percentage of users accessing a specific feature on our website. If we combine or link Aggregated Data with your personal data in a manner that directly or indirectly identifies you, we will treat it as personal data, subject to the terms outlined in this privacy notice.
We do not collect Special Categories of Personal Data about you, which includes information related to your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health information, and genetic or biometric data. We also do not collect information pertaining to criminal convictions and offenses.
How We May Collect Data
We employ various methods to gather data from and about you, including:
- Direct Interactions: You may provide data by completing inquiry forms or communicating with us through postal mail, phone, email, in person, or other means. This encompasses personal data you provide when you, for example:
- Inquire about or engage our products or services.
- Subscribe to our services or publications.
- Request marketing materials.
- Participate in a competition, promotion, or survey.
- Provide feedback.
- Cross-Site Forgery Protection Cookie: This is an unobtrusive security cookie and is exempt from declaration.
- Session Cookie: This is an unobtrusive cookie and is exempt from declaration.
- Google Analytics DoubleClick Request Cookie: This is part of the analytics tracking suite, and it is an unobtrusive cookie exempt from declaration.
- Google Analytics Tracking Cookie: This is a minimally intrusive cookie that doesn’t share any personal information. It is classified as a first-party anonymous cookie used solely for analytical purposes.
We also utilize cookies provided by our CRM software, Loop, which are employed to enhance your website experience and deliver more personalized services to you through our website and other media.
- Third Parties or Publicly Available Sources: We may receive personal data about you from various third-party sources and publicly available sources, including but not limited to:
- Analytics and search information providers.
- Advertising networks.
- Providers of technical, payment, and delivery services.
- Data brokers or aggregators.
- Other Data Controllers or Processors: When our client serves as a data controller or data processor for your data (with us as a processor or sub-processor, respectively), we may provide your data to fulfill our contract with our client. We do not assume responsibility for our client’s privacy standards, but we strive to ensure they comply with the legal minimum standards. In any event, our privacy standards will apply to your data, whether we have obtained it directly from you or from a controller client.
How We Use Your Data
We will only process your personal data when permitted by law. Generally, we use your personal data under the following circumstances:
- Performance of a Contract: When it is necessary for the performance of a contract to which you are a party, or when it is required to take steps at your request before entering into such a contract.
- Legitimate Interests: Processing your personal data is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override these interests. This is typically the case when it is in our business interest to conduct and manage our operations to provide you with the best services and experiences while ensuring the utmost security. We assess and balance the potential impact on you (both positive and negative) and your rights before processing your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by their impact on you unless we have obtained your consent or are otherwise obligated or permitted by law.
- Legal or Regulatory Obligations: When we are obligated to comply with a legal or regulatory requirement.
It is important to note that we typically do not rely on consent as the legal basis for processing your personal data, except in the context of sending you direct marketing communications from third parties via email or text message. You have the right to withdraw your consent for marketing at any time by contacting us.
The following table outlines the various ways we plan to use your personal data and the legal basis on which we rely for each use. Please note that we may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. If you need details about the specific legal basis we rely on to process your personal data when more than one ground is applicable, please contact us.
Purpose/Activity: To Register You As A New Customer. Type Of Data: Identity, Contact. Lawful Basis for Processing including Basis of Legitimate Interest: Performance of a contract with you.
Purpose/Activity: To Process And Deliver Work Including:
- Managing payments, fees, and charges.
- Collecting and recovering money owed to us. Type Of Data: Identity, Contact, Financial, Transaction, Marketing and Communications. Lawful Basis for Processing including Basis of Legitimate Interest: Performance of a contract with you, Necessary for our legitimate interests (to recover debts due to us).
Purpose/Activity: To Manage Our Relationship With You, Which Will Include:
- Asking you to leave a review or take a survey. Type Of Data: Identity, Contact, Profile, Marketing and Communications.
- Lawful Basis for Processing including Basis of Legitimate Interest: Performance of a contract with you, Necessary to comply with a legal obligation, Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
Purpose/Activity: To Enable You To Partake In A Prize Draw, Competition Or Complete A Survey.
Type Of Data: Identity, Contact, Profile, Usage, Marketing and Communications.
Lawful Basis for Processing including Basis of Legitimate Interest: Performance of a contract with you, Necessary for our legitimate interests (to study how customers use our products/services, to develop them, and to grow our business).
Purpose/Activity: To Administer And Protect Our Business And This Website, Including Troubleshooting, Data Analysis, Testing, System Maintenance, Support, Reporting And Hosting Of Data. Type Of Data: Identity, Contact, Technical. Lawful Basis for Processing including Basis of Legitimate Interest: Necessary for our legitimate interests (for running our business, providing administration and IT services, network security, preventing fraud, and in the context of a business reorganization or group restructuring exercise), Necessary to comply with a legal obligation.
Purpose/Activity: To Measure Or Understand The Effectiveness Of The Advertising We Serve To You. Type Of Data: Identity, Contact, Profile, Usage, Marketing and Communications, Technical. Lawful Basis for Processing including Basis of Legitimate Interest: Necessary for our legitimate interests (to study how customers use our products/services, to develop them, grow our business, and inform our marketing strategy).
Purpose/Activity: To Use Data Analytics To Improve Our Website, Products/Services, Marketing, Customer Relationships And Experiences. Type Of Data: Technical, Usage. Lawful Basis for Processing including Basis of Legitimate Interest: Necessary for our legitimate interests (to define types of customers for our products and services, keep our website updated and relevant, develop our business, and inform our marketing strategy).
Purpose/Activity: To Make Suggestions And Recommendations To You About Goods Or Services That May Be Of Interest To You. Type Of Data: Identity, Contact, Technical, Usage, Profile. Lawful Basis for Processing including Basis of Legitimate Interest: Necessary for our legitimate interests (to develop our products/services and grow our business).
We aim to offer you choices regarding specific personal data uses, especially regarding marketing and advertising. We may use your Identity, Contact, Technical, Usage, and Profile Data to determine what products, services, and offers may be relevant to you (referred to as marketing).
You will receive marketing communications from us if you have requested information from us, purchased goods or services from us, or provided your details when you entered a competition or registered for a promotion. In each case, you have not opted out of receiving marketing. We will obtain your explicit opt-in consent before sharing your personal data with any company for marketing purposes.
You can request us or third parties to stop sending you marketing messages at any time by adjusting your marketing preferences through relevant checkboxes, using the opt-out links in marketing messages, or contacting us. If you opt out of receiving marketing messages, this will not affect personal data provided to us due to your purchase of a service or product from us.
We will only use your personal data for the purposes for which we collected it, unless we reasonably determine that we need to use it for another purpose that is compatible with the original purpose. If you want an explanation of how processing for the new purpose is compatible with the original purpose, please contact us.
Sharing Your Data
We may need to disclose your personal information to the following entities for the purposes outlined above:
- Service providers located in Thailand act as processors and offer IT and system administration services.
- Professional advisers in Thailand, including lawyers, bankers, auditors, and insurers, who act as processors and provide consultancy, banking, legal, insurance, and accounting services.
- Regulatory bodies, and other authorities in Thailand, acting as processors, may require reporting of processing activities in specific situations.
- Third-party email marketing providers but only when requested.
- Third parties to whom we may consider selling, transferring, or merging portions of our business or assets. Alternatively, we may seek to acquire other businesses or merge with them. In the event of such a change in our business, the new owners may use your personal information as described in this privacy notice.
We insist that all third parties treat your personal information with the utmost security and handle it in accordance with the law. We strictly prohibit our third-party service providers from using your personal information for their own purposes and only allow them to process your personal information for specific purposes and in compliance with our instructions. We do not transfer your personal data to outside sources.
Data Security and Retention
We have implemented robust security measures to safeguard your personal data from accidental loss, unauthorized access, alteration, or disclosure. Access to your personal data is restricted to employees, agents, contractors, and relevant third parties who require this information for legitimate business purposes. They process your personal data exclusively based on our instructions and are bound by strict confidentiality obligations.
In the event of any suspected breach of personal data, we have established procedures to address and manage the situation. We will promptly inform you and any relevant regulatory authorities of any breaches in compliance with legal obligations.
We will only retain your personal data for as long as it is necessary to achieve the purposes for which it was collected, including meeting legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider various factors, including the type, volume, and sensitivity of the personal data, potential risks associated with unauthorized use or disclosure, the purposes of data processing, alternative means of achieving these purposes, and relevant legal mandates.
According to legal requirements, we are obligated to retain fundamental customer information (such as Contact, Identity, Financial, and Transaction Data) for a period of six years after the termination of your customer relationship. This is necessary for tax and contractual legal limitations.
Under certain circumstances, we may anonymize your personal data, rendering it impossible to associate with you. This anonymized data may be used for research or statistical purposes indefinitely, without further notice to you.
Your Legal Rights
Under specific circumstances, you possess certain rights under data protection laws concerning your personal data. These rights include:
- Request access to your personal data, commonly referred to as a “data subject access request.” This allows you to obtain a copy of the personal data we have about you and verify its lawful processing.
- Request the correction of your personal data that we hold. You have the ability to rectify any incomplete or inaccurate data we possess about you, though we may need to validate the accuracy of any new information you provide.
- Request the erasure of your personal data. This allows you to request the deletion or removal of your personal data when there is no valid reason for us to continue processing it. You also have the right to ask us to delete your data when you’ve lawfully objected to its processing, when we may have processed your data unlawfully, or when we are obligated to erase your data to comply with local regulations. However, it’s important to note that there may be specific legal reasons that prevent us from fulfilling your erasure request, and we will inform you of these reasons if applicable at the time of your request.
- Object to the processing of your personal data when we rely on a legitimate interest (or that of a third party) and there are specific circumstances related to your situation that lead you to object to the processing on the grounds that it affects your fundamental rights and freedoms. You also have the right to object when we process your personal data for direct marketing purposes. In certain cases, we may demonstrate that we have compelling legitimate grounds for processing your data that override your rights and freedoms.
- Request the restriction of the processing of your personal data. This allows you to request the temporary suspension of the processing of your data in the following scenarios: (a) if you want us to confirm the accuracy of the data; (b) when our use of the data is unlawful, but you don’t want it deleted; (c) when you need us to retain the data even if it’s no longer necessary because you need it for legal claims; or (d) when you’ve objected to our use of your data, but we need to verify if we have compelling legitimate grounds to continue using it.
- Request the transfer of your personal data to yourself or to a third party. We will provide your personal data to you or the third party you’ve designated in a structured, commonly used, and machine-readable format. It’s important to note that this right applies only to automated information for which you initially provided consent for us to use, or when we used the information to perform a contract with you.
- Withdraw your consent at any time when we rely on your consent to process your personal data. However, this withdrawal will not affect the legality of any processing conducted before you withdraw your consent. In some cases, if you withdraw your consent, we may not be able to provide certain products or services to you. We will inform you if this is the case when you withdraw your consent.If you would like to exercise any of the aforementioned rights, please get in touch with us.You won’t be charged a fee for accessing your personal data or exercising any of the rights mentioned above. However, if your request is evidently unfounded, repetitive, or excessive, we may charge a reasonable fee, or we may opt not to comply with your request under these circumstances.
For verification and security purposes, we may need to collect specific information from you to confirm your identity and ensure your entitlement to access your personal data or exercise any other rights. This is a precautionary measure to prevent the disclosure of personal data to unauthorized individuals. We might also reach out to you for additional details related to your request to expedite our response.
We make every effort to respond to all valid requests within one month. There may be situations where, due to complexity or a high volume of requests, our response takes longer than a month. In such cases, we will notify you and keep you informed about the status of your request.