PRIVACY POLICY

Privacy Policy

Updated on 1 July 2021

This Privacy Policy (“Privacy Policy”) applies to Dusit Thani Public Company Limited, its subsidiaries[1] and all of the hotels and its related activities and other businesses (e.g., school, college, residential, restaurant, spa and fitness) specified in this Privacy Policy within Dusit Portfolio of Brands[2] (collectively, “Dusit”, “we”, “our”, “ours” or “us”) and takes the issue of safeguarding the privacy of guests seriously.

Our Privacy Policy describes the following:

·                The data or information we collect from guests, customers, villa owners, residence owners, investors, business partners, lessors, lessees, tenants, vendors, suppliers – including prospective or potential ones, students, and you – as well as visitors to our websites, domain names, DusitApp and other applications and/or third-party websites or digital channels (referred to as “you”, “your” and “yours”)

·                The way we use this data or information to better serve the needs of yours. 

This Privacy Policy does not apply to our processing of personal information on behalf of and subject to the instructions of third parties such as airlines, car rental companies, agents and other service providers, companies that organize or offer packaged travel arrangements, marketing partners, or corporate customers.

Whilst this Privacy Policy broadly describes the practices we have adopted across other entities within Dusit globally, local laws vary and some jurisdictions may place restrictions on our processing activities (e.g. certain jurisdictions may require affirmative consent before sending marketing messages). Therefore, our actual practices in such jurisdictions may be more limited than those described herein, in order to enable us to comply with local requirements, including but not limited to Personal Data Protection Act of Thailand B.E. 2562 (2019) (“PDPA”).

WHAT IS PERSONAL INFORMATION?

The term “Personal Information” refers to information about you as an individual who can be identified from that data or can be identified when combined with other information which we have or likely to have access.

WHAT IS PERSONAL INFORMATION WE COLLECT AND WHY IS PERSONAL INFORMATION COLLECTED?

Sensitive Data

Unless specifically requested, we ask that you do not send us, and you do not disclose, on or through the services or otherwise to us, any Sensitive Personal Information[3].

We minimize our holding and use of sensitive categories of Personal Information but, given the services we provide, there are times when we use it to understand our customers and their needs better, for example when helping someone to access medical care services. We will usually be processing this information to allow us to comply with our legal obligations, act in the substantial public interest in relation to the services we provide, to provide you with social care, or to deal with any legal action. There may be times where we need to ask you for your consent to use this type of Sensitive Personal Information, in which case we will always notify you and make this clear.

Minors

Unless specified otherwise, we do not usually process data on minors. This website is not intended for children under 18 years of age. We do not seek to obtain, nor do we want to obtain Personal Information (i.e., personally identifiable information) directly from minors. We cannot, however, always determine that the people accessing and using our site are adults. As such, should a minor (as defined by applicable law) provide to us personally identifying information without parental consent, we request that the parent, guardian or other appropriate person contact us to help us remove the information.

CCTV and photographs

Our premises have CCTV, and you may be recorded when you visit them. CCTV is used to provide security and to protect both our customers and communities. CCTV will only be viewed when necessary (e.g. to detect or prevent crime), by authorized personnel only; and footage is stored for a period of time after which it is recorded over. We  comply  with PDPA, and we put up notices in a visible area, so you know when CCTV is used.

We may take photographs at our event, at our premises and in our communities to use for general marketing and publicity. However, photographs of individuals will only be used for those purpose with your consent, which is held within our Corporate Communication and/or Marketing team.

HOW AND WHERE WE COLLECT YOUR PERSONAL INFORMATION?

1. On Our Digital Channel

A. Initially upon contact with our Digital Channel

When you visit our digital channel, which includes our websites, domain names, social media accounts, DusitApp or other applications (collectively, “Digital Channel”), you are initially given a “Cookie”, and your computer is assigned an ID number. A cookie is a commonly used piece of software that tracks an individual user’s preferences and is capable of enhancing your visit to the Digital Channel.

Cookies allow us to provide a customised experience without the visitor having to remind us of his or her preferences each time he or she visits. If you log in as a registered user, Cookies may collect Personal Information for marketing purposes and to create content on the Digital Channel that are more relevant and easier to use. Cookies help enhance your experience with us and provide you with our targeted advertising that may be of your interest.

We do not share your activity on our Digital Channel with other third parties, nor do we collect information from other websites you may visit, except (i) when we conduct our normal business, (ii) as required by applicable laws or (iii) with your consent and/or request from time to time. 

We also use Cookies to collect and maintain aggregate website data (such as the number of visitors to a particular site), which helps us see which areas are popular with our users and which are not. Amongst other things, this helps us improve and update our site, based on the total number of visitors and pages viewed and other data.

If you do not want to accept Cookies, you can block them by adjusting the settings on your internet browser. Visitors should understand, however, that rejecting Cookies will affect your ability to benefit from the conveniences you could enjoy if you chose to accept, and you will not be able to use certain customisation features associated with creating a user profile. Please note that because this is a setting on your browser, this adjustment may also block Cookies from any other websites you visit.

Once you have visited our Digital Channel and accepted our cookie, an ID number is automatically assigned to your computer or mobile device whenever you visit. Despite the fact that you remain anonymous until you enter your Personal Information on our Digital Channel, your ID number allows us to log your session, so that we may better assist you should you need individualised service or support. Once you enter your Personal Information on our Digital Channel, we will associate your ID number with your contact information, so we can recognise you on any future visit. We will also use it to keep track of information that appears to be of particular interest to you.

For more information on [Cookie Policy].

B. Whilst Browsing Our Digital Channel

Whilst in the process of browsing the Digital Channel, you also provide us with information that does not reveal your personal identity, for example, what type of service/product you seek. We use this aggregated, anonymous data mainly for editorial purposes, and not connect it to any Personal Information, such as your name or address.

As you explore the Digital Channel for information that interests you, you will provide your Personal Information when you create a profile or sign in to access an existing profile.

You may also wish to put in a specific “Information Request” about one of our establishments or participate in one of our online surveys or promotions. To respond to this request or participate in our various programmes, we may ask for your specific Personal Information, such as your name, zip/postal code, e-mail address and phone number.

In the event you choose to provide us with such information, we will only use it for the specified purpose, including under this Privacy Policy. We will only email you if you want us to. Also, you can choose a number of alternate methods by which to receive a reply to a request. Transmittal of your Personal Information shall constitute your acknowledgment and agreement to the terms and conditions contained in this Privacy Policy. If you are uncomfortable providing this information over the internet, you can always call our customer service for more details.

If you wish, you may also submit your email address to be placed on a subscription list or to receive other information about our products and services. You will be placed on our subscription list only when you indicate your desire to be included. In deciding whether or not to join such lists, please note that they are only used for internal purposes. We do not sell or rent our subscription lists to anyone. In the event you choose to join one of our lists, you may ask to be removed from that list at any time. You will always have the right to opt-out from any form of communication from us any time through our designated channels such as e-mailing to info@kauaithailand.com or proceed through our website.

If you wish to receive information regarding any particular establishment, you can utilise the link on the Digital Channel to the affiliate and/or third-party websites or digital channels of that particular establishment or send a request through the Digital Channel. Upon using the link, you will be advised that you shall enter an affiliate and/or third-party website or digital channel and that any information you provide to the affiliate and/or third-party website or digital channel will be protected by the affiliate and/or third party in accordance with the affiliate and/or third party’s privacy policy.

C. Making a Purchase on kauaithailand.com, and other Applications

When making a purchase, you will be asked to complete a form that includes your contact information (e.g., your address, telephone number, email) and payment information (e.g., credit card number). The form is secure. Upon completing the form, your credit card number will be verified using a checking sequence, and once this is confirmed, we will authorise the payment for the amount shown on your order form. Once your transaction is confirmed, an e-mail confirmation will be sent within a few moments. Again, due to the personal nature of the information you provide when making a purchase through our website, the form is secure, such that your credit card number is protected with encryption technology. Purchasing transactions are assisted by third-party processors who are obligated by contract with us to protect the privacy of your Personal Information.

We retain a log file of transactions at our websites, excluding your credit card information connected to your ID number. We will then use that information to assist in any enquiries about your transaction.

We also occasionally combine information from a number of web visitors in a way that does not identify any user, in order to identify user patterns.

D. Making a Purchase via Our Business Partners

Upon ordering and/or purchasing our product via our business delivery partners, you will be advised that you shall enter an affiliate and/or third-party website or digital channel and that any information you provide to the affiliate and/or third-party website or digital channel will be protected by the affiliate and/or third party in accordance with the affiliate and/or third party’s privacy policy. We may collect only the information you have disclosed to them and only the information necessary for us to render you a service (e.g., name, contact number, address) and/or to serve other legally required purposes.

E. Making Enquiries, Comments, Feedback, Complaint about our Services and Products

Visitors to our website or our other websites or users of DusitApp or our other applications can make enquiries, comments, feedbacks or complaints about our services and products. You will be asked to provide specific Personal Information, including your name, address and contact information. The transmittal of your Personal Information shall constitute your acknowledgment and agreement to the terms and conditions contained in this Privacy Policy.

2. Whilst Using Our Services or Purchasing Our Products at Our Establishments

As you use our services or purchase our products, we will record your itemised spending. We also record this information to comply with financial reporting requirements, including those imposed by auditors and government regulators. We may also collect certain information as required by local laws (e.g., ID card) when you use our provided Wi-Fi and network connectivity.

Information particular to your use of our services or purchase of our products (such as payment difficulties, special requests, service issues) may also be stored. This information specifically about you is stored in our management system at the particular establishment where you used our services and/or purchased our products and is combined with information from your previous visits.

In addition, we may retain the content of any document (including letters, comment cards, electronic documents such as emails and other similar forms of communication) that you send us before, during, or following your usage and/or purchase.

HOW DO WE RETAIN PERSONAL INFORMATION?

Your Personal Information may be stored, used and transferred for processing in all jurisdictions where it is necessary. If required by local laws, your Personal Information may be accessed by the courts, law enforcement and national security authorities with or without your knowledge.

1. At the Establishment

We store the Personal Information in a secure location, a database or filing cabinet. Furthermore, we take steps to ensure that only designated individuals have access to the Personal Information. If you participate in our membership program, we may use your Personal Information to create a Member Profile, which will be stored in our database management systems. The stored Member Profile information may include the customer’s name, address, phone numbers,  email address and a member’s  preferences.

2. In Databases Management System

To serve you better, we also store your Member Profile in our database management system which is a platform located in a data centre in Thailand. When you make a purchase directly to any establishment, this information becomes available to that establishment.

We store other transaction information in the database management system, including products purchased you have had, the number of points and details of products purchased. This information is available to each of our establishments when you make a purchase at one of the establishments.

3. In Marketing Databases

We maintain databases of customer’ information, which are used for marketing, promotional and research purposes. Customers will only receive such information if they have provided permission to us via the Digital Channel, or in some other forms. Any information sent provides a clear notice of how to discontinue receiving promotional materials.

WHAT INFORMATION IS NOT SECURE?

We endeavour to protect the privacy of your account and other Personal Information that we hold in our records; however, we cannot guarantee complete security. Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of user information. Therefore, we endeavour to put adequate contractual protections in places where we cannot guarantee the security of any Personal Information in databases hosted by third parties.

Your online interaction with us is protected from eavesdropping using the highest-level encryption technology based on the browser you use. To ensure your privacy and the protection of the information you choose to share with us, we allow only encrypted communications from all of our web forms.

It is important to note that any email communication is not secure. This is a risk inherent in the use of emails. Please be aware of this when requesting information or sending forms to us by email (for example, from the “Contact Us” section of our website). We recommend that you do not include any confidential information (e.g., credit card information) when using email. For your protection, our email responses to you will not include any confidential information as well.

Finally, to be prudent, please be sure to always close your browsers when you are done using a form or the site. Although the session will terminate after a short period of inactivity, it is best to close your browsers immediately upon completion.

If I have created a Customer Profile, how is my Personal Information treated?

If you are invited and you elect to create a Customer Profile in the Digital Channel, you will be asked to furnish specific Personal Information. You will also be asked to provide a password each time you login. Once you have created a profile, we may add online session data to your profile on subsequent visits to the Digital Channel. When you provide information, including revised information to your profile, we may use the information you provided to update other databases maintained by us.

HOW AND WHEN WE SHARE YOUR PERSONAL INFORMATION?

Other Uses and Disclosures

We will use and disclose Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including authorities outside your country of residence and to meet national security or law enforcement requirements; (d) to enforce our terms and conditions; (e) to protect our operations, such as in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our  business, assets or stock (including any bankruptcy or similar proceedings); (f) to protect the right, privacy, safety or property of our, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

We may use and disclose other data for any purpose, except where we are not allowed under applicable law.

Other entities

This Privacy Policy does not address, and we are not responsible for the privacy, data or other practice of any entities, including franchisees, owners, property management companies, authorised licensees, strategic business partners, or any third party operating any site or service to which the service link, payment service, loyalty program, or website that is the landing page of the high-speed internet providers at our establishments. The inclusion of a link on the online service does not imply endorsement of the linked site or service by us. We generally have no control over, and are not responsible for, any third party’s collection, use and disclosure of any Personal Information. We are not responsible for the data collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organization through the DusitApp or our social media pages.

DATA SECURITY MEASURE

We adopt the high-standard security system in both technology and procedures to prevent any possible data theft. We implement various measures to protect its computer system (such as Network Firewall, Intrusion Detection, Threat Prevention, URL Filtering, Application Control, Email Security, Server and Endpoint Protection, Secure Socket Layer, Cookies), through substantial investments, effort and human resources as to ensure that we achieve high-standard measures, and your personal data remains safe.

Although we make its best efforts to protect personal data with our technical mechanism along with the management by our personnel to control access and keep personal data against unauthorized access, we cannot always guarantee the security and confidentiality of personal data from every incident that may arise, such as virus threat and unauthorized access. A data subject should regularly keep up with technology news, install personal firewall software to prevent his/her computer from threat or data theft.

HOW DO YOU ACCESS/REVISE YOUR PERSONAL INFORMATION?

You may request to access/revise your Personal Information held by us by taking the following steps:

Step 1:       Contact our Customer Service:

§  Via e-mail at  info@kauaithailand.com

§  Or via letter with attention: Data Protection Officer, at the following address:

Dusit International,
319 Chamchuri Square Building, 29^thFloor,
Phayathai Road, Pathumwan,
Bangkok 10330, Thailand

§  Mark as

§  “Personal Information Request from a Customer” together with your first name and last name and telephone number

Step 2:       Wait for our staff to contact you. This may take a few days.

Step 3:       To identify you as the owner of the Personal Information requested

Our staff will require you to produce some form of photo identification (copy of a government-issued identification with signature, passport or driver’s license), address, phone number, information of your membership. You will also be asked to sign a request form.

HOW LONG IS YOUR PERSONAL INFORMATION RETAINED?

We will retain your Personal Information as long as it is necessary for the purpose of data processing. After that, we will erase and destroy your Personal Information except as may be required, by applicable laws, or for protection of our interest. In general, your Personal Information will be kept for a maximum period of 2 years or otherwise longer if it is specifically provided by applicable law.

HOW DO YOU KNOW IF THERE ARE CHANGES TO THIS PRIVACY POLICY?

Our Privacy Policy may change from time to time without prior notice. We will post the revised policy on the Digital Channel or other channel we normally contact you so you are always aware of how we treat Personal Information.

HOW IS PERSONAL INFORMATION AFFECTED BY BUSINESS TRANSFERS?

We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any Personal Information that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part. The new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that Personal Information only for the same purposes for which it was originally collected by us.

In the event that any of your Personal Information is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. (When contacted, you will not, however, be given the choice to have your Personal Information deleted or withheld from the new owner or controller.)

WHAT LAWS APPLY TO THIS PRIVACY POLICY?

We are a Thai company limited, incorporated under the laws of Thailand. As such, laws and regulations in respect of data privacy protection apply to our company. We uphold the requirements of these laws and regulations in handling all the Personal Information in whichever establishment they were received. We will take necessary precautions to ensure that collected Personal Information is accurate, complete and kept up to date.

YOUR CHOICE

We will not contact you for marketing purposes by email, phone, or text messages, unless you have given your prior consent. We will not pass your Personal Information to any third parties, unless specified otherwise in this Privacy Policy. When we are processing your Personal Information based on your consent, you have the right to withdraw that consent at any time. This may affect the service that we can make available to you.

YOUR RIGHT

If you would like to request to access, rectify, delete, withdraw, restrict the use of or object to processing of your Personal Information that you have previously provided to us, or if you would like to receive an electronic copy of your Personal Information or purpose of transmitting it to another company (to the extent these right are provided to you by law), please feel free to contact us as described in this Privacy Policy.

For your protection, we only fulfill requests for the Personal Information associated with the email address and/or membership number that you identify in your request, and we may need to verify before fulfilling certain requests. When permitted by law, we may charge an appropriate fee to cover the costs of responding to your request.

We acknowledge and respect our customers’ privacy and we will comply with your request as soon as reasonable and consistent with applicable law.

TO WHOM DO WE DIRECT QUESTIONS OR CONCERNS REGARDING THIS PRIVACY POLICY?

Questions or concerns regarding this Privacy Policy should be directed to the Data Protection Officer by writing to the following address:

Attention to:    Data Protection Officer
Dusit International,
319 Chamchuri Square Building, 29^thFloor,
Phayathai Road, Pathumwan,
Bangkok 10330, Thailand

Mark as

·       “Question on Privacy Policy from a Customer” together with your first name and last name and telephone number.  Email to kauaith@dusit.com.