Privacy Policy

This Privacy Policy (this “Policy”) describes how we handle customer information when you use our services or products including, without limitation, berrymobile, Skyberry, Wizberry(collectively, “Our Services”).

This Policy only applies to any information that you provide to us or that are collected through your use of Our Services or Our Websites operated by us including, without limitation,

(“Our Websites”) including Personal Information. If you provide your information to any external services operated by third-party other than the Company (“External Service Providers”), please refer to the privacy policies or terms separately established by the respective External Service Providers.

1. Who are we?

We are a2network (Thailand) Co., Ltd.., a corporation organized and existing under the laws of Thailand having its head office at 689 Bhiraj Tower at Emquartier, 20th Floor Room No. 2003 Sukhumvit Road, Klongtonnua Subdistrict, Wattana District, Bangkok 10110 (“we”, “us,” or “our”).

We have affiliates (“Our Affiliates”) as below:
a2network Corporation, a corporation having its registered office at SVAX Hamamatsucho2, 2-1-16, Hamamatsucho, Minato-ku, Tokyo, 105-0013 Japan

2. What are Our Services?

Our Services mean any services or products provided by us to you through mobile network, data network, mobile devices, SIM cards, applications or websites operated by us, such as berrymobile, Skyberry, Wizberry etc.

3. What is Personal Information?

In this Policy, “Personal Information” means information collected by us relating to an identified or identifiable natural person who might be, directly or indirectly, identified in particular by reference to an identifier such as a name, identification number, address, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, but excluding any information of deceased natural persons.

4. What information do we collect about you?

4.1. We will collect the following information about you:

1) Information you provide to us directly
We will collect the following information about you which you provide to us:

a. Profile Information: such as name, mailing address, phone number, email address, login name, login passwords, payment or banking information, identification information (such as Passport number, ID number, driver’s license number), birth date, and photo;

b. Personal Information with Special Protections: you may choose to provide to us through Our Services your information of a sensitive nature such as racial or ethnic origin, religious views, political views, philosophical views, personal belief, political views, criminal records, health, disability, labor union, heredity or genetic, biological information, or any other information of a sensitive nature. These could be subject to special protections under the laws of your country;

c. Information of Communication with Us: such as information about the communications between you and us including your inquiry, compliments, and other contact to us.

2) Information about your use of Our Services or Our Websites
We will collect the following information created when you use Our Services or Our Websites:

a. Transaction Information: such as transaction details related to your use of Our Services or Our Websites, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, and payment method.

b. Communication Information: such as information about the communications between you and other users or third party through Our Services or Our Websites, such as texts, profiles, messages, photographs, graphics, images, icons, voice, video, and other information contents;

c. Usage Information: such as access dates and times, app features or pages viewed, apps and other system activity, type of browser. In some cases, we collect this information through cookies, beacons, tags, and similar technologies that create and maintain unique identifiers;

d. Device Information: such as information about the devices you use to access Our Services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information;

e. Location Information: such as your precise or approximate location information as determined through data such as GPS, IP address, and WiFi. You may use Our Services or Our Websites without enabling us to collect your Location Information. However, this might affect the functionality available on your use of Our Services or Our Websites;

3) Information provided from Extra Service providers

a. We will collect information about you provided from External Service Providers due to your consent, including our business partners through which you create or access your account on Our Services or Our Websites, such as payment providers, social media service providers, or providers of applications or websites who use our APIs or whose API is used by us (such as Facebook Inc. or Google Inc.), marketing service providers, or publicly available sources.

b. In the event that we collected your Personal Information from an External Service Provider, we will notify you of the detail of the Personal Information we collected and the detail of the External Service Provider. Such notification will be made within 30 days from the date of the collection.

4.2. We will notify you or make announcement separately if the provision of your Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into an agreement, as well as the possible consequences of failure to provide such data.

4.3. We will not use automated decision-making, including profiling in processing your Personal Information.

5. On which legal basis do we process Personal Information?

We will only process your Personal Information based on the following legal bases:

1) obtaining your prior unambiguous consent;

2) necessity to perform our contractual obligations to provide Our Services or to take pre-contractual procedures upon your request;

3) necessity to comply with our legal or regulatory obligations;

4) necessity to protect your vital interests or those of another natural person;

5) necessity to perform a task carried out in the public interest;

6) necessity to pursue our legitimate interests (please contact us regarding the balancing test for legitimate interests).

Further, if you are a user of Our Services in the EU, we will process your Personal Information of a sensitive nature provided by you in accordance with special criteria as prescribed in the General Data Protection Regulation (“GDPR”).

6. How do we use information about you?

We will use the following information about you which we collected for the following purposes:

6.1. Providing, personalizing, and improving Our Services or Our Websites

We will use your Profile Information, Information of Communication with Us, transaction information, communication information, usage information, device information, location information, and Information provided from Extra Service Providers for the purpose of providing, personalizing, and improving Our Services and/or Our Websites; these include the following purposes:

a. to provide Our Services to you and notices regarding Our Services;

b. to improve, research, and develop Our Services and/or Our Websites;

c. to customize or personalize the contents or features of Our Services and/or Our Websites;

d. to confirm and verify your registered information on Our Services or Our Websites;

e. to charge fees and other payment relating to Our Services.

6.2. Advertising, marketing and analyzing

We will use your Profile Information, Information of Communication with Us, transaction information, communication information, usage information, device information, location information, and Information provided from Extra Service Providers for the purpose of advertising, and conducting sales promotion of Our Services; these include the following purposes:

a. to customize advertisement to adapt to your characteristics and interests;

b. to help advertisers to measure and analyze the effectiveness and distribution of their ads and services and to understand what types of people use their products or services and how people are attracted to their products or services.

We will not sell or share your Personal Information to third parties for third-party direct marketing purposes.

6.3. Research and development

We will use your Profile Information, Information of Communication with Us, transaction information, communication information, usage information, device information, location information, and Information provided from Extra Service Providers for the purpose of testing, research, analysis and service and/or product development.

6.4. Communication with you

We will use your Profile Information, Information of Communication with Us, transaction information, communication information, usage information, device information, location information, and Information provided from Extra Service Providers for the purpose of communication between you and us; these include the following purposes:

a. to notify you of amendments of Our Services or Our Websites, our new products or services, our products or services of which you are not a user, user participatory events, and other information relating to our business;

b. to notify you of amendments in Terms of Use of Our Services or this Policy;

c. to notify you in the event of termination, suspension, or cancellation of Our Services, or other important information relating to Our Services or us;

d. to respond to inquiries from you regarding Our Services or us.

6.5. Security and safety

We will use your Profile Information, Information of Communication with Us, transaction information, communication information, usage information, device information, location information, and Information provided from Extra Service Providers for the purpose of maintaining the safety, security, and integrity of Our Services and users; these include the following purposes:

a. to prevent inappropriate use of Our Services or Our Websites by users;

b. to prevent infringing the right of users or third party through Our Services or Our Websites.

6.6. Legal proceedings and requirements

We will use your Profile information, Information of communication with us, transaction information, communication information, usage information, device information, location information, Information provided from Extra Service providers for the purpose of investigation or addressing claims or disputes relating to your use of Our Services or Our Websites, or as otherwise allowed or requested by the applicable laws or regulations, judicial or government entities, and official inquiries.

7. Who do we disclose information about you to?

We disclose information about you to Our Affiliates and the following third parties the in conformity with the applicable laws of Thailand and relevant regulations for the purpose stated in this Policy.

Name: Kasikorn Bank
Type of Business: Bank, Finance
Purpose of Disclosure: Billing of usage fee to our services and products

Name: 2C2P (Thaiand) Co., Ltd
Type of Business: payment processor
Purpose of Disclosure: Billing of usage fee to our services and products

8. Where do we store, process, or transfer information about you?

We will store and process information about you we collect in your region. However, in some cases, we will transfer to, store at and process information about you in the following countries outside your region: [Japan and Germany];. In such cases, we will implement appropriate safeguards, safety measures, and appropriate standard data protection in conformity with the applicable laws of Thailand and relevant regulations. You need to acknowledge and agree that some countries that we will transfer, store, or process your information might not have appropriate safeguards, safety measures, and/or appropriate standard data protection with the applicable laws of Thailand and relevant regulations.

If you are a user of Our Services in the EU, we will implement appropriate safeguards on your Personal Information by executing with the transferee the standard data protection clauses approved by the European Commission; if you wish to receive a copy of documentation related to these safeguards, please contact us using the information provided in “13. Contact Detail” section below.

9. What do we do to keep your Personal Information secure?

We properly maintain Personal Information for the Purpose by assigning a person in charge of managing Personal Information and takes all adequate and necessary security measures to maintain integrity and confidentiality of Personal Information.

However, please note that although we take appropriate steps to protect your Personal Information, no website, product, device, online application or transmission of information, computer system or wireless connection is completely secure and therefore we cannot guarantee the security of your Personal Information.

10. How long do we store your Personal Information?

We retain your Personal Information for the period necessary to fulfil the purposes for collecting and processing your Personal Information as prescribed in “6. How do we use information about you?” section above or for the period required by the applicable laws or regulations.

Specific retention periods are determined based on the following considerations: the purpose for collecting and processing the Personal Information, the nature of the Personal Information, and the necessity of retaining the Personal Information for legal or business reasons.

We will delete your Personal Information in accordance with the applicable laws or regulations when it passes the period of 10 years] after the date of collection of your Personal information or after the date which you become no longer a user of Our Services or when your Personal Information is no longer required for the purposes or by the applicable laws and regulations.

11. What are your rights and how can you exercise them?

11.1. What are your rights?

You have the following rights regarding your Personal Information we collect and store under the applicable laws and regulations (and GDPR if you are a user of Our Services in the EU):

1) the right to obtain information regarding processing of your Personal Information;

2) the right to access to your Personal Information;

3) the right to obtain a copy of your Personal Information in our possession;

4) the right to request the correction or the update of your inaccurate Personal Information;

5) the right to request the erasure of your Personal Information (if certain conditions are satisfied);

6) the right to restrict on processing of your Personal Information (if certain conditions are satisfied);

7) the right to object to the processing of your Personal Information (if certain conditions are satisfied);

8) the right to data portability (if certain conditions are satisfied), which is the right to receive the Personal Information you have provided to us in a structured, commonly used and machine-readable format, to transmit such Personal Information to a third party without hindrance from us or to request us to transmit such Personal Information directly to a third party in case the processing is carried out by automated means;

9) the right to withdraw the consent which you have given to us at any time; provided, however, your withdrawal of consent will not affect the lawfulness of collection and procession prior to such withdrawal;

10) the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except the following cases: in case the decision is necessary for entering into, or performance of, a contract between you and us; in case the decision is authorized by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights, freedoms, and legitimate interests; or in case the decision is based on your explicit consent.

11.2. How can you exercise your rights?

If you intend to exercise any of the above rights, please contact us on “13. Contact Detail” section below.

11.3. Complaints

If you are not satisfied with how we process your Personal Information, you may contact us on “13. Contact Detail” section below; if you are a user of Our Services in the EU, alternatively you may file a complaint with the Data Protection Supervisory Authority of the Member State of your habitual residence, place of work, or place of the alleged infringement.

12. Changes to this Privacy Policy?

We will amend this Policy from time to time. We will notify you of the amendment through Our Services, or other measures determined by us in case we make any substantive or material amendments. Any amendment will become effective upon our posting of the amended privacy policy on our Websites or Our Services.

13. Contact Details

If you have any questions regarding this Policy, please contact us through the following Data Controller or Representative set out below:

Data Controlle

A2NETWORK (THAILAND) CO., LTD

689 Bhiraj Tower at Emquartier, 20th Floor Room No. 2003 Sukhumvit Road, Klongtonnua Subdistrict, Wattana District, Bangkok 10110

[EMAIL] inquiry-th@a2network.jp

[TEL] 02-105-4568

We have appointed a Data Protection Officer. The Data Protection Officer’s contact details are as follows:

[NAME] Renoo Chaiyachat (TH)/ Sota Hadachi (JP)

[ADDRESS & POST CODE] 689 Bhiraj Tower at Emquartier, 20th Floor Room No. 2003 Sukhumvit Road, Klongtonnua Subdistrict, Wattana District, Bangkok 10110

[DEPARTMENT] Marketing and Business Development Department

[EMAIL] inquiry-th@a2network.jp

[TEL] 02-105-4568

Established on [1st, May. 2020]

Latest Amendment on [1st, May. 2020]

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