Last modified: 26 May 2020
- Visitors to our websites, mobile applications, and other online properties (each, a "Site")
- Our prospective, current and former individual customers,
- Agents, investment consultant, financial advisory and other natural persons in connection with our prospective, current and former corporate customer.
Natural/individual persons and the corporate client ("Client”, “you”, “your”), together as “Data subject”.
This Personal Data Protection Policy describes purpose and how we collect, use, disclose and cross-border transfer your Personal Data. This Policy applies to our business, websites, mobile applications, call centers, events and exhibitions, online communication channels, other locations.
- Personal data we collect
- Personal Data means any identified or identifiable information about you. In order to offer the Client our services, we may collect your Personal Data directly from you (e.g. your use of our website and services, or call center) or indirectly from other sources (e.g. social media, third party’s online platforms, and other publicly available sources) and through our affiliates, service providers, business partners, official authorities, or third parties. We will only collect your Personal Data from other source if we have received your explicit consent or as permitted by law.
We will collect, use, disclose and/or cross-border transfer of your Personal Data the following:
- Personal details, such as your title, name, gender, date of birth, marital status, information on government-issued cards (e.g. national identification number, passport number), signature, phone records, and other identification information;
- Contact details, such as your address, telephone number, email address, and other electronic communication ID;
- Account and financial details, such as your credit card and debit card information, account number and account type, prompt pay, service and product application details;
- Transaction details, such as the type of products (e.g. securities, derivatives), trading history and balance, payment and transaction records relating to your assets, financial statements, , representation, trade information;
- Technical and Usage details, such as your Internet Protocol (IP) address, device ID and type, single sign-on (SSO) details, login log, cookies, information on how you use the websites and access the platform, products and services.
- Profile details, such as your account identifiers, username and password, PIN ID code for trading, investment objectives, investment knowledge and experience, and risk tolerance;
- Other information, collected, used or disclosed in connection with the relationship with us, such as, information you give us in contracts, forms or surveys or data collected when you participate in our business functions, seminars, social events.
- Sensitive Data means Personal Data classified by law as sensitive data. We will only collect, use, disclose and/or cross-border transfer Sensitive Data if we have received your explicit consent or as permitted by law. We will collect, use, disclose and/or cross-border transfer Sensitive Data about you e.g. Biometric data, (such as facial recognition and fingerprint) and Health data, [such as medical information and physically impaired (people with disabilities)].
- The Purpose of collection, use or disclosure of your Personal Data
- Purpose for which we may rely on other legal grounds for processing your Personal Data the following:
- a contractual basis, for our initiation or fulfillment of a contract with you;
- contacting you prior to your entering into a contract with us and processing applications for account opening, account maintenance including conducting identity verification.
- providing services to you, such as investment consultant /financial advisory and investment products, offering choices to you (including investment products of third parties).
- provide marketing communications, information, special offers, promotional materials about the products and services of the Company, our affiliates and subsidiaries and the third parties.
- a legal obligation;
- complying with all applicable laws, regulations, rules, directives, orders, instructions and requests from any governmental, tax, law enforcement or other authorities or regulators (whether local or foreign).
- preventing customers and providing appropriate service with certain limitations (e.g. elderly person and/or people with disabilities ) from engaging in certain types of transactions by themselves for the purpose of damage control.
- the legitimate interest of ourselves and third parties, to be balanced with your own interest and fundamental rights and freedoms in relation to the protection of your Personal Data
- carrying out research, planning and statistical analysis and developing new services and products and updating you on our services and products from time to time;
- managing your relationship with us and administration of your account with us and addressing or investigating any complaints, claims or disputes;
- managing our infrastructure, internal control, internal audit and business operations and complying with our policies and procedures that may be required by applicable laws and regulations including those relating to risk control, security, audit, finance and accounting, systems and business continuity including preventing, detecting and investigating fraud, misconduct, or any unlawful activities, whether or not requested by any governmental or regulatory authority, and analyzing and managing risks.
- performing our obligations under any agreements to which we are a party, e.g. agreements with our business partners, vendors, or other asset management companies, or under which we are acting as an agent
- vital interest, for preventing or suppressing a danger to a person’s life, body or health; and
- public interest, for the performance of a task carried out in the public interest or for the exercise of official actions.
If the Personal Data we collect from you is required to meet our legal obligations or enter into an agreement with you, we may not be able to provide (or continue to provide) our products and services to you if we cannot collect your Personal Data when requested.
- Purpose for offering products and services which believes may be of benefit to you according to your given consent;
You have the right to withdraw your consent at any time. This can be done so, by contacting Poems@phillip.co.th .The withdrawal of consent will not affect the lawfulness of the collection, use, and disclosure of your Personal Data and Sensitive Data based on your consent before it was withdrawn.
- Provide marketing communications, special offers, promotional materials about the products and services of the Company, our affiliates and subsidiaries and the third parties which we cannot rely on other legal grounds.
- How we disclose or transfer your Personal Data
When we transfer Personal Data to the third parties, we will take steps to ensure the protection of your Personal Data, such as confidentiality arrangements or other appropriate security measures as required by law.
- Phillip Group: As Phillip Securities (Thailand) is part of a Phillip Group, we may need to transfer your Personal Data to, or otherwise allow access to such Personal Data by, other companies within Phillip Group (e.g. Phillip Securities Pte Ltd, Phillip Futures Pte Ltd,) for the purposes set out above.
- Our service providers: We may use other companies, agents or contractors to perform services on our behalf or to assist with the provision of products and services to you. We may share your Personal Data to these service providers, including but not limited to IT service providers, research agencies; analytics, service providers, survey agencies, marketing, advertising media and communications agencies, payment service providers, and administrative and operational service providers.
- Our business partners: We may transfer your Personal Data to persons acting on your behalf or otherwise involved in the provision of the type of product or service you receive from us, including intermediaries (such as third-party securities companies, or asset management companies), custodians, correspondents, agents, vendors, co-brand business partners, market counterparties, issuers of products.
- Third parties permitted by law: We may be required to disclose or share your Personal Data to a third party in order to comply with legal or regulatory obligations. This includes any law enforcement agency.
- Professional advisors, Third parties as assignees, transferees, or novatees, Third parties connected with business transfer
- International transfers of your Personal Data
We may process or transfer your Personal Data to third parties or servers located overseas, and the destination countries may or may not have the same data protection standards as Thailand. We have taken steps and measures to ensure that your Personal Data is securely transferred, that the data recipients have suitable data protection standards in place, and that the transfer is lawful by relying on the derogations as permitted under the law.
- How long do we keep your Personal Data
We retain your Personal Data for as long as is reasonably necessary to fulfill the purposes for which we have obtained it as set out in this Personal Data Protection Policy, and to comply with our legal and regulatory obligations. We will retain your Personal Data for 10 years from date of expiration or termination of contract.
- Other important information about your Personal Data
- Personal Data related to third parties
If you provide the Personal Data of any third party (such as your spouse, beneficiary, emergency contact) to us, (e.g. their name, family name, email address, and telephone number), you should ensure that you have the authority to do so and to permit us to use the Personal Data in accordance with this Policy.
- Your rights with regard to your Personal Data
Subject to the applicable laws and exceptions thereto, you may have the following rights regarding your Personal Data:
Your can exercise these rights, you can contact to Operation Officer to process your request and/or call center. If you have any questions about these rights, using the details set out in the “contacting us” (section 9 below).
- Access: you may have the right to access or request a copy of the Personal Data we are processing about you;
- Data portability: you may have the right to obtain Personal Data hold about you, in a structured, electronic format, and to transmit this data to another data controller;
- Objection: in some circumstances, you may have the right to object to how we process your Personal Data in certain activities which specified in this Policy;
- Deletion: you may have the right to request that we delete, destroy, or de-identify your Personal Data that we process about you, e.g. if the data is no longer necessary for the purposes of processing;
- Restriction: you may have the right to restrict our processing of your Personal Data if you believe such data to be inaccurate, that our processing is unlawful, or that we no longer need to process this data for a particular purpose;
- Rectification: you may have the right to have Personal Data that is incomplete, inaccurate, misleading, or out-of-date rectified;
- Consent withdrawal: you may have the right to withdraw consent that was given to us for the processing of your Personal Data, unless there are restrictions on the right to withdraw consent as required by the law, or a contract that benefits you; and
- Lodge a complaint: you may have the right to lodge a complaint to the competent authority if you believe our processing of your Personal Data is unlawful or non-compliance with applicable data protection law.
- Cookies and how they are used
“Cookies” are tracking technologies that are used in analyzing trends, administering our websites, tracking users’ movements around the websites (POEMS), and remembering users’ settings. If you visit our websites, we will gather certain information automatically from you by using Cookies.
Most Internet browsers allow you to control whether or not to accept Cookies. If you reject Cookies, your ability to use some or all of the features or areas of our websites may be limited.
- Linked Websites
For your convenience, this website/application may contain links to other websites .Other websites that are linked to/from our website may have different policies. We encourage you to review the policy posted on those websites for details. We does not warrant or support any information or policy given on any website that is not controlled by us.
We reserve the right to change and update this Personal Data Protection Policy at any time in accordance with applicable Personal Data Protection laws. We encourage you to read this Policy carefully and periodically revisit to review any changes. If we change our Policy, we will post on our website.
- Contacting Us
- Phillip Securities (Thailand) Pub Co., Ltd. 15th Floor, Vorawat Building, 849 Silom Road, Bangkok Thailand 10500
- Customer Service (call center) Tel. 02-6353123
- Data Protection Officer (DPO) E-mail: DPO@phillip.co.th
TERMS AND CONDITIONS OF USE
By accessing the materials made available by Phillip Securities (Thailand) Public Company Limited (hereinafter known as "PST") in this Web Site, you agree to be bound by the terms and conditions stated below. If you do not accept the Terms and Conditions stated herein, do not use the Web Site. PST reserves the right, at its sole discretion, to change, modify, or remove portions from this Terms and Conditions or the Contents at any time
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The data, information, materials, and opinion contained in this Web Site ("the Contents") are provided "as is" basis without any warranties of any kind including the merchantability, non-infringement of third parties right, and the fitness for any particular purpose.
Although the Contents provided in this Web Site have been obtained or complied from sources believed by PST to be reliable, PST cannot and does not guarantee its accuracy, completeness or reliability. Neither PST nor any of its directors, officers or employees nor any third party vendor will be liable or have any responsibility of any kind for any loss or damages (including, without limitation, incidental and consequential damages, lost of profits, or damages resulting from lost of data or business interruption) resulting from the use or inability to use the Web Site or the Contents contained therein, whether based on warranty, contract, tort, or any other legal basis, and whether or not such the circumstances giving rise to such cause may have been within the control of PST or any of the vendor providing software or services support.
OWNERSHIP OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS
PST owns and maintains this site. Unless otherwise provided herein, all intellectual property rights (including copyright and database rights) in this site belong to PST. The Contents, either all or in part, may not be reproduced, distributed or published by any person for any purpose without the prior written consent of PST. Downloading or otherwise copying from this site shall in no event be considered as a transfer of any intellectual property rights or materials at this Web Site to any person. Anything transmitted to this Web Site becomes the property of PST and may be used by PST for any lawful purpose, and is further subject to disclosure as deemed appropriate by PST.
This Web Site and the Contents contained therein are not directed to, or intended for distribution to or use by, any person who is a citizen or resident of or located in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject PST to any registration or licensing requirement within such jurisdiction.
No part of the Contents contained therein constitutes a solicitation or offer by by PST to buy or sell any securities or other financial instruments or provide any investment advice.
LINKS TO OTHER SITE
Should you leave this Web Site via a link contained herein, and view content that is not provided by PST, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by PST. PST is not responsible for any damage or loss (whether actual, alleged, consequential or punitive) caused by any delay, defect or omission that may exist in the services, information or other content provided in such site. PST makes no guarantees or representations as to, and shall have no liability for any electronic content delivered by any third party, including without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
You agree to defend, indemnify, and hold harmless the PST, its directors, officers, employees and agents, form and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of this Web Site or your breach of this Terms and Conditions.
PST may use the information relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes.
This Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without respect to its conflict of laws principles.