Privacy Policy
1. General provisions
In compliance with the Personal Data Protection Act B.E. 2562 (2019) and subordinate laws issued thereunder, including any amendment which may be made thereto, (“Laws on Personal Data Protection”), Air Charter Service (Thailand) Ltd. (“ACS Thailand”, “us”, “we” or “our”) have prepared this privacy policy (“Policy”) to inform you how ACS Thailand handles information which can or may identify you, whether directly or indirectly, according to the Laws on Personal Data Protection (“Personal Data”), which includes the methods by, and the purposes for, which Personal Data is collected, used, disclosed or dealt with, whether by manual or automated means, such as recording, storage, organisation, adaptation or alteration, retrieval, sending, disclosure or making available by any means, sorting, combination, restriction on or prohibition of access, erasure or destruction (“Processing”, “Process”, “Processes” or “Processed”). The Policy will also address a retention period of Personal Data and your rights as a data subject.
We recommend that you read and understand the following terms under this Policy.
2. Groups or categories of persons/data subjects
Under this Policy, groups or categories of persons/data subjects from whom ACS Thailand collects and Processes Personal Data include:
2.1. Customers which mean persons who purchase products and/or use services of ACS Thailand or those who are expected to purchase products and/or use services of ACS Thailand (prospective customers), participants in the marketing activities, including campaigns, website users, persons who make contact to request to receive information or services from ACS Thailand; and
2.2. Persons related to customers which means persons who are related to or are representatives or personnel of juristic persons that are customers or may become customers of ACS Thailand, such as directors, executives, employees, staff, representatives or personnel of customers that are juristic persons, including persons whose Personal Data appear in relevant documents and processes, such as charter passengers, witnesses, purchasers, consignees and cheque payers.
3. Personal Data
Your Personal Data that is collected and Processed under this Policy, regardless of whether such Personal Data was provided by you or other third parties to ACS Thailand or automatically collected from you by ACS Thailand includes:
3.1. Personal information, such as first name, last name, gender, date of birth, identification number, passport number, photograph, occupation and signature;
3.2. Contact information, such as e-mail, and user IDs and accounts for various applications for communications or other social media (e.g., Facebook, Twitter, Line and Instagram);
3.3. Sensitive Personal Data, such as race, religion, disability and health information;
3.4. Technical information, such as log file, IP address, browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data, and information that ACS Thailand collects through the use of cookies or other similar technologies; and
3.5. Other information, such as photo and video recording by means of CCTV, and record of visitors.
4. How ACS Thailand collects and receives your Personal Data
4.1. ACS Thailand collects and receives your Personal Data via the following methods:
(a) Personal Data which you directly provide to ACS Thailand.
You may directly provide your Personal Data to ACS Thailand: (i) when you contact and/or send an enquiry to ACS Thailand, whether in writing or through oral communications exchanged during a face-to-face interaction, or by any other channels, such as by telephone, fax, e-mail, mail, website, or media platforms; (ii) when you express an intention to purchase products or use services of ACS Thailand, enter into a contract with ACS Thailand or deliver documents containing Personal Data to ACS Thailand; and (iii) when you participate in marketing activities, campaigns, events or any other activities organised by or on behalf of ACS Thailand; and
(b) Personal Data which ACS Thailand automatically collects from you. ACS Thailand may collect your Personal Data by automated means, such as the use of cookies or other similar technologies.
4.2. Personal Data which ACS Thailand receives from other sources or third parties.
ACS Thailand may receive your Personal Data from other sources or third parties, such as:
(a) In case the customer is a juristic person, ACS Thailand may receive your Personal Data from contact persons, representatives or personnel of the juristic person that you are affiliated with;
(b) Government agencies, such as a registry office; and
(c) In some cases, ACS Thailand may collect your Personal Data from public data sources, data sources containing information relating to your business or sources containing information relating to trades, irrespective of whether you have disclosed the Personal Data by yourself or have provided consent to somebody else to disclose such Personal Data.
In collecting your Personal Data, you will be informed of the purposes and basis for the collection, use, disclosure and/or Processing of Personal Data, or in the event that the Laws on Personal Data Protection require your consent for any Processing of Personal Data, ACS Thailand will request your consent pursuant to the Laws on Personal Data Protection.
Where ACS Thailand has previously collected your Personal Data before the Laws on Personal Data Protection becomes effective, ACS Thailand will continue to collect and use your Personal Data in accordance with the original purposes of collection. Nevertheless, if you do not wish for ACS Thailand to collect and use your Personal Data that you previously provided and gave consent to us for Processing, please notify us of your intention to withdraw your consent through contact details set out in this Policy and we will proceed in accordance with the Laws on Personal Data Protection.
5. Purposes of Processing your Personal Data
ACS Thailand Processes your Personal Data for the following purposes the “Purposes”):
(a) Preparation of contracts, managing customer orders, and performing obligations under the contract between ACS Thailand and customers;
(b) Managing feedbacks and complaints;
(c) Developing quality of the products and services, analysis and planning of business strategies;
(d) For compliance with the laws relating to ACS Thailand’s business and legitimate orders of courts, government agencies and relevant officers; and
(e) For any other purposes which we will notify you
We note that your refusion to provide Personal Data to ACS Thailand may adversely affect how our performance of services to you.
6. Disclosure of Personal Data
ACS Thailand may disclose your Personal Data in accordance with the Purposes and the rules prescribed under the laws to the following persons and entities:
6.1. Parent company of ACS Thailand, and other entities within its corporate group, as well as directors, executives, staff, employees and/or relevant in-house personnel, and as necessary on a need-to-know basis for Processing of your Personal Data;
6.2. Business partners, service providers, suppliers, and data processors designated or hired by ACS Thailand to perform duties in connection with the management/Processing of Personal Data for ACS Thailand, such as information technological services, website management services, cloud services, payment services, printing services, mailing services, data analytics services, marketing services, bank, or any other services which may be beneficial to you or relevant to ACS Thailand’s business operations;
6.3. Advisors of ACS Thailand, such as legal advisors, lawyers, auditors, or any other internal and external experts of ACS Thailand;
6.4. Court and relevant governmental agencies which have supervisory duties under the laws, or which have requested the disclosure pursuant to their lawful powers or relevant to the legal process or which were granted permission pursuant to applicable laws, such as Ministry of Commerce, Revenue Department, Immigration Bureau, Office of the Personal Data Protection Commission and Royal Thai Police;
6.5. Any persons or other entities that you have given consent to disclose your Personal Data to, such as the disclosure of processed images of activities through various media platforms of ACS Thailand to the public;
The disclosure of your Personal Data to third parties shall be in accordance with the Purposes or other purposes permitted by law, provided that if the law requires your consent to be provided, ACS Thailand will request for your prior consent.
In the event that ACS Thailand discloses your Personal Data to third parties, ACS Thailand will put in place appropriate safeguards to protect the Personal Data that has been disclosed and to comply with the standards and duties relating to the protection of Personal Data as prescribed by the Laws on Personal Data Protection. Where ACS Thailand sends or transfers your Personal Data outside Thailand, ACS Thailand will ensure that the recipient country, the international organization or such overseas recipient has a sufficient standard for the protection of Personal Data, or such transfers of your Personal Data outside Thailand have been carried out in accordance with the Laws on Personal Data Protection. In some cases, ACS Thailand may request your consent for the transfer of your Personal Data outside Thailand, subject to the requirements under the Laws on Personal Data Protection.
7. Retention period
ACS Thailand will retain your Personal Data for the period necessarily required to fulfil the Purposes for which the Personal Data was Processed, whereby the retention period will vary depending on the Purposes for which such Personal Data was collected and Processed.
ACS Thailand may retain your Personal Data for the period necessarily required to establish the right of claim of ACS Thailand.
When there is no basis for Processing your Personal Data, ACS Thailand will delete or destroy such Personal Data from the storage or system of ACS Thailand and other persons providing services to ACS Thailand (if any) or anonymise your Personal Data.
8. Your rights in relation to Personal Data
Subject to the provisions, procedure and conditions under the Laws on Personal Data Protection, you have the following rights in relation to your Personal Data.
8.1. Right of Access: You have the right to access your Personal Data and may request that ACS Thailand provide you with a copy of such Personal Data in accordance with the requirements under the Laws on Personal Data Protection.
8.2. Right to Data Portability: You have the right to obtain your Personal Data, including to request that your Personal Data is transmitted to another data controller or to you, except where it is technically unfeasible, in accordance with the requirements under the Laws on Personal Data Protection.
8.3. Right to Object: You have the right to raise an objection to the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
8.4. Right to Erasure: You may request that ACS Thailand delete, destroy or anonymize your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
8.5. Right to Restriction: You have the right to request that ACS Thailand restrict the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
8.6. Right to Rectification: You have the right to request that your Personal Data be rectified if the Personal Data is inaccurate, not up-to-date or incomplete, or may cause a misunderstanding.
8.7. Right to Withdraw Consent: If ACS Thailand relies on your consent as the basis for Processing your Personal Data, you have the right to withdraw such consent which has been provided to ACS Thailand at any time.
8.8. Right to Lodge a Complaint: If you have any concerns or questions about any aspect of ACS Thailand’s practices in relation to your Personal Data, please contact ACS Thailand using the contact details set out in this Policy. Where there is reason to believe that ACS Thailand is in breach of Laws on Personal Data Protection, you have the right to lodge a complaint to the expert committee appointed by the Personal Data Protection Commission in accordance with the provisions and procedure prescribed under the Laws on Personal Data Protection.
Nevertheless, ACS Thailand reserves the right to consider your request to exercise your rights and act in accordance with the requirements under the Laws on Personal Data Protection.
9. Cross-Border Data Transfer
As a global company and due to the nature of chartering service, Personal Data we collect from you may be provided to, accessed or otherwise processed by recipients outside the country in which you are located. This may include our contracting parties, third party service provider, branch offices or subsidiary companies of us, authorities or organisations in other countries.
Please note that the destination counties may or may not have sufficient privacy or data protection laws equivalent to where you are located. In such circumstances, we will ensure appropriate safeguards in place, and oblige the recipient(s) to protect your Personal Data no less than the standards set out in this Privacy Notice.
We may include a variety of mechanisms, such as signing a standard contractual clause, obtaining consent for the cross-border transfer, and/or implementing security measures such as anonymisation or pseudonymisation of your Personal Data before transferring. You may contact us though details in Contact section under this Privacy Policy to request a copy of our standard contractual clause for your reference.
10. Contact information
If you have any questions or would like to exercise your rights as set out in this Policy, you may contact ACS Thailand using the contact details provided below:
Air Charter Service (Thailand) Ltd.
Data Protection Officer: Jason Ellis
Email: dataprotection@aircharterservice.com
Phone: 0044 208 339 8569
11. Changes to this Policy
ACS Thailand may make changes to this Policy from time to time to reflect any changes to our Processing of your Personal Data and to comply with any changes to the Laws on Personal Data Protection or any applicable laws. In this regard, ACS Thailand will notify you of any significant changes to the Policy and the amended Policy through appropriate means and/or post the amended Policy on ACS Thailand’s website. ACS Thailand encourages you to review such communication periodically in order to be aware of any changes made to this Policy.
This Policy shall be effective from 03 June 2023