Privacy Notice

 

1. Definition

“You”	means a natural person or juristic person, who is the data subject, contacts with the Company or accesses to the information system of the Company.
“The Company” or “We”	means KWI Asset Management Company Limited and its affiliates.
“Personal Data Protection Laws”	means Personal Data Protection Act B.E. 2562 (2019) (“PDPA”) and its relevant subordinate laws, including any amendments which may be made thereto in the future.
“Personal Data”	means any information relating to a natural person, which enables the identification of such natural person, whether directly or indirectly, but not including the information of the deceased person in particular, pursuant to the Personal Data Protection Laws.
“Sensitive Personal Data”	means data that needs to be collected and carefully processed such as personal data relating to racial, ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, labor union information, genetic data, biometric data.
“Process” or “Processes” or “Processing”	means any operation performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure (by transfer, dissemination or otherwise making available), alignment, combination, restriction, erasure or destruction.
“Data Controller”	means a natural person or a juristic person having the power and duties to make decisions regarding the collection, use, or disclosure of the Personal Data.
“Data Processor”	means a natural person or a juristic person who operates in relation to the collection, use, or disclosure of the Personal Data pursuant to the orders given by or on behalf of a Data Controller, whereby such natural person or juristic person is not the Data Controller.
“Information System”	means computer system, communication network system, network system connecting to internet system, data storage system, E-mail system, all types of communication system, communication device information, computer device and peripheral device or any relating device which is the ownership of the Company.

 

2. General Provisions

This Privacy Notice is provided to clarify the details and methods on how we handles the information that we received from you, the purposes for the collection, use, disclosure, and processing, including the retention period of such Personal Data, and your rights as the data subject. As the Company conducts business in Thailand, the processing of your Personal Data shall therefore fall under the compliance of and is required to comply with Thailand’s Personal Data Protection Laws accordingly.

We will process and keep protecting your Personal Data in accordance with the details as described in this Privacy Notice.

3. The methods to collect and receive your Personal Data

3.1 We collect and receives your Personal Data via the following methods:

1. Personal Data which you directly provide to us : You may directly provide your Personal Data to us. This case usually occurs when you contact the Company to make enquiries, complete forms either by online or by document, apply for services or join activities, request for information, receive marketing communications, or provide comments or feedback, etc.
2. Personal Data which we automatically collect from you : The Company may automatically collect some technical information, in relation to your devices, activities and visiting patterns and browsing history, by using Cookies and other similar technologies. For more details, please see Cookies Policy.
3. Personal Data which we receives from third parties : We may, from time to time, receive your Personal Data from third parties, such as information from investigators, publicly available sources, private or commercial information sources, websites, application, social media sources, data providers, Association of Investment Management Companies,, applications, product claims, or our product and services used or purchased by you or candidates (“Third Party Sources”).

3.2 In collecting your Personal Data, you will be informed of details set out in this Privacy Notice, including but not limited to, the lawful basis for the collection, use, disclosure and/or processing of Personal Data in accordance with the lawful purposes, or in the event that the Personal Data Protection Laws require your consent to be provided, we will request for your explicit consent in order to process your Personal Data.

4. Collected Personal Data

4.1 Personal Data which the Company collects and processes under this Privacy Notice is the Personal Data of the following categories of data subject:

1. Customers and Investors, , i.e., natural persons who are units holders, website visitors, service recipients, seminar participants, and other persons who contact the Company to request information or services from the Company, regardless of whether such Personal Data was directly or indirectly received.
    
2. Contracting Parties, Professionals and other persons relating to the business of the Company, i.e., natural persons who are contracting parties or contractually related with The Company, including business partners, sellers, suppliers, service providers, contractors, advisers, investment professionals, and other similar persons.
    
3. Personnel of the Company, i.e., natural persons who are staff, employees or persons who work for the Company, directors, managers, executives, professionals, and persons who directly receive monthly salaries, wages, benefits, or any other types of compensation from the Company, including the family members of such personnel.
    
4. Candidates, i.e., natural persons who submit an application or details relating to their profile to the Company, either in the form of written or verbal, with the purpose to apply for the job, internship/scholarship as staff or employees/interns/scholarship applicants of the Company who are not yet chosen by the Company, including the family members of such candidates and references.

4.2 Your Personal Data which is collected and processed under this Privacy Notice, regardless of whether such Personal Data was directly provided by you to the Company or automatically collected from you by the Company, or was provided to the Company by third parties, such as

1. Personal Data, such as first name, last name, date/month/year of birth, age, gender, identification number and copy of passport or ID card, signature, nationality, marital status, and family members information.
    
2. Sensitive Personal Data, such as religion, criminal record, health data, health examination result, disability, and biometric data.
    
3. Contact details, such as address, telephone number, e-mail, social media contact details, and details of emergency contacts.
    
4. Financial information, such as bank account number, and information regarding various types of tax.
    
5. Information regarding products and services, such as Investment units account number, dividend information, investment history information and record or transaction information.
    
6. Information regarding the use of systems of the Company, such as information regarding the registration or subscription for using the Company’s systems, user account, account profile, username, password, and PIN (if any), information showing on account profile page and services applying page, information in your account profile that edited or amended by you, information received from other accounts that the Company has a reasonable cause to believe that you are controlling such other accounts, service usage information, all interests and all comments that you express through systems of the Company (if any), your activities participation information in systems of the Company, survey information, information received from your communication with the Company or the Company’s working team.
    
7. Technical information, such as the information of access to the Company’s websites and systems, computer traffic data (Log), contact and communication information between you and other users, information from using records e.g., device indicator, computer IP address, device identification number, type of device, mobile phone network information, connecting information, geological information, browser category, system access record, information of referring application or website, use of system record, login log information, transaction log information, customer behavior information, system access statistics, access time, your searching information, the use of functions in systems, and information that the Company collects through the use of Cookies or other similar technologies.
    
8. Academic, Training, and Work Experience information, such as academic and training background, academic certificate or transcript, result or raking of points, level of education, language skills, professional licenses information, registration number, registration starting date, registration expiration date, registration renewal information, duty performance information, work starting date, information of training and test provided by the Company or other relevant organizations, diploma, certificate, work experiences, monthly salaries or wages.
    
9. Other information, such as photograph and/or voice recording by means of closed circuit television (CCTV), photograph, footage, video, voice recording of conversations and tendency information of goods or services purchasing

4.3 In the event that the Company collected your Personal Data before 1 June 2022, the Company will continue processing such Personal Data in accordance with the Personal Data Protection Laws.

5. Purposes and legal basis for collection, use and disclosure of Personal Data

5.1 the Company processes your Personal Data for the following purposes (collectively referred to as “Specified Purposes”) and under the following legal basis:

• necessary for the performance of a contract which you have entered into as a party with the Company or for complying with your request prior to entering into such contract;
• for compliance with the law, rules, regulations, agreements or measures imposed by any government, regulators, law enforcement agencies, government authorities, dispute resolution agencies or organization or association related to business of the Company, both Thai and Foreign law.
• necessary for the legitimate interest of the Company, or other persons or juristic persons other than the Company;
• for preventing or suppressing danger to life, body or health of a person;
• for the achievement of purposes relating to research or statistics, for which suitable safeguard measures to protect your rights and freedom have been implemented;
• consent which you have given to the Company, where exceptions or legal basis specified above cannot be relied on, or according to the cases specified in the table below. In the case that the Company has specifically requested consent from you for any Personal Data, the Company will process such Personal Data pursuant to the purpose which you have been informed of and consented to, and the Company will only process any Personal Data which constitutes sensitive Personal Data in the case that the Company is able to do so under the laws or has obtained explicit consent from you.

5.2 the Company collects and uses your personal for the purposes as following:

• To communicate and offer products and services of the Company or other offers related to services or products of the Company that you may be interested in.
• To inform activities, promotion, news, or information that may be useful for you.
• To confirm your identification including maintaining the security of your user account.
• necessary for the performance of a contract which you have entered into as a party with the Company or for complying with your request prior to entering into such contract;
• To administrate website and application of the Company, to develop the Company’s service, or to solve the technical problem that may happen to the usage of website.
• To analyze and inspect information, test, research in order to develop system to be more efficient, convenient and more security for users.
• To analyze information in order to improve the administration of website and application of the Company.
•  To analyze information in order to improve and develop the content, information and news in align with the customer’s need and experience.
• to reorganize the Company’s structure and corporate transaction.
• To storage, archiving, back-up or destruction of personal data.
• To capture and record images of people who come to the Company’s office and areas in CCTV, including card exchange when entering the building for security purposes.
• To comply with the law, rules, regulations, agreements or measures imposed by any government, regulators, law enforcement agencies, government authorities, dispute resolution agencies or organization or association related to business of the Company, both Thai and Foreign law.
• To maintain relationships with customers such as complaint handling, offering of special privilege without marketing objectives to customers.

5.3 As the Personal Data which the Company will process for the Specified Purposes or collects or uses for the Purposes as stated in Clause 5.1, 5.2 above relates to the compliance with the laws or contracts or is necessary for entering into a contract with you, whereby, such Personal Data is necessary for the achievement of such Specified Purposes, if you do not provide such Personal Data to the Company, there may be a legal impact or the Company may not be able to perform its legal obligation under the contract entered into with you or may not be able to enter into a contract with you (as the case may be). In such case, the Company may be required to decline to enter into a contract with you or terminate the relevant services to you, partly or entirely.

5.4 In the case that the Company intends to use your Personal Data for a purpose not specified above, the Company will provide an additional privacy notice to explain the use of Personal Data for such purpose. You should read such additional privacy notice along with this Privacy Notice.

6. Disclosure of Personal Data

6.1 The Company may disclose your Personal Data under the Specified Purposes and in accordance with the laws and regulations to the following entities and persons:

1. Any person who is authorized by the Company to act as a personnel or partner of the Company in order to offer, sales or servicing of products and services of the Company.
2. Any person who is employed or contracted by the Company’s personnel or partner to offer, sale or provide service the products and services of the Company.
3. Any person who is authorized by the Company to act as a personnel or partner of the Company in order to data processing service, business processing services, financial services, accounting services, payment services, debt collection or securities clearing services, telecommunication services, technology service es, cloud services, outsourcing services, call center services, storage services, document processing, messenger services or other ervices in connection with the operation of the Company.
4. Disclosure of beneficial owner information to securities companies in other countries, in order to comply with foreign laws.
5. Co-owner of your account.
6. Associations relating to the capital market business in Thailand, such as Thai Listed Companies Association, Association of Thai Securities Companies, Association of Investment Management Companies, Thai Bankers Association, Securities Analysts Association and the Thai Investors Association;
7. Government organizations, regulating authorities according to the laws, such as the Securities and Exchange Commission, Bank of Thailand, Office of the Official Information Commission, Office of Insurance Commission, Department of Provincial Administration, Revenue Department, Department of Business Development, and Department of Intellectual Property;
    
8. The organizations requesting for the disclosure of information by virtue of the laws, such as requesting information for the prosecution or legal prosecution, or relating to the legal proceedings, for example, Anti-Money Laundering Office,the National Anti-Corruption Commission, Royal Thai Police, Department of Special Investigation, Office of the Attorney General, and the courts;
    
9. Any person who is the Company’s business partners, service providers, service recipients and Data Processors to be responsible of providing services or managing of Personal Data, such as improving or maintaining the security standard of the systems and the technology system, payment systems, audit, human resource management or other services which may be beneficial to you.

6.2 The disclosure of your Personal Data to third parties shall be in accordance with the Specified Purposes or other purposes permitted by laws, provided that if the law requires your consent, the Company will request for your explicit consent in advance.

6.3 In the event that the Company discloses your Personal Data to third parties, the Company 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 Personal Data Protection Laws.

6.4 In the event that the Company sends or transfers your Personal Data outside Thailand, the Company will ensure that the recipient country, the international organization or such overseas recipient has a sufficient standard for the protection of Personal Data. In some cases, the Company may request your consent for the transfer of your Personal Data outside Thailand, subject to the requirements under the Personal Data Protection Laws.

6.5 As the Company may be required to disclose your Personal Data to other regulating authorities, e.g., the Securities and Exchange Commission, Anti-Money Laundering Office etc., if you wish to know more details regarding the processing of your Personal Data carried out by such regulating authorities, please refer directly to the privacy notice of such relevant regulating authorities.

7. Retention Period

7.1 The Company will retain your Personal Data for the period necessary to fulfil the Specified Purposes for which the Personal Data was processed, whereby the retention period may be changed depending on the Specified Purposes for which such Personal Data was collected and processed.

7.2 The Company will also retain Personal Data for the period prescribed under the applicable laws, having regard to the business practices in relation to each category of Personal Data. After the aforementioned retention period, The Company will delete such Personal Data from the storage or systems of The Company without prior notice to you.

8. Personal Data of Minors

The Company has no intention to serve minors as specific targeted groups. However, owing to the manner of organization, products and services of the Company, the Company may, occasionally, collect and process the Personal Data of the person who is under 20 years old. In such event, the Company will comply with the Personal Data Protection Laws in relation to the processing of Personal Data of minors, including asking consent from the legal representative or guardian as prescribed by the Personal Data Protection Laws.

9. Rights of Data Subject

As the data subject, you have the following rights in relation to your Personal Data, subject to the rules, methods and conditions under the Personal Data Protection Laws. In this regard, if you wish to make a request to exercise your rights, you can contact the Company in persons at the following address:

KWI Asset Management Company Limited

43 Thai CC Tower, 26th Floor, South Sathorn Road, Yannawa, Sathorn, Bangkok 10120

Tel. 02-844-0123

Email: compliance-kwiam@kwiasia.com

9.1 Right to Access
You have the right to access your Personal Data and may request the  Company to provide you with a copy of such Personal Data in accordance with the requirements under the Personal Data Protection Laws, including to disclose how the Company receives your Personal Data, which is collected, used and disclosed by the Company without requiring of your consent, to the extent permitted by the Personal Data Protection Laws.

9.2 Right to Data Portability
You have the right to obtain your Personal Data in the format which is readable or commonly used by ways of automatic tools or equipment, including to request to send or transfer your Personal Data to another Data Controller or to you, unless it is technically unfeasible to do so. Your rights to data portability shall be in accordance with the requirements under the Personal Data Protection Laws.

9.3 Right to Object
You have the right to raise an objection to the processing of your Personal Data, and the Company will conduct so in case that;

1. processes your Personal Data based on our or third parties’ legitimate interest or public interest, except in the event that the Company can demonstrate compelling legitimate grounds, or the processing of your Personal Data is carried out for establishment, compliance with or exercise of the legal claims or defense of the legal claims;
2. processes your Personal Data for the purpose of direct marketing; or
3. processes your Personal Data for the purpose of scientific, historic or statistic research, unless it is necessary for conducting activities for the public interest.

In the event that you object to the processing of Personal Data, please kindly inform us whether you wish to delete your Personal Data or to restrain the Company from processing such Personal Data.

9.4 Right to Erasure
You may request the Company to delete, destroy or anonymize your Personal Data in certain circumstances as follows:

1. There is no further necessity to retain your Personal Data according to the Specific Purpose for processing your Personal Data;
2. You withdraw your consent which is the basis of collecting and processing the Personal Data, and the Company has no legal ground for collecting or processing such Personal Data;
3. You object to the processing as mentioned in Clause 9.3; or
4. The collecting or processing of your Personal Data is unlawful.

The abovementioned cases shall not apply to the processing that is necessary for the purpose of freedom of expression, preparing of the historic or statistic documents, performing a task carried out in the public interest, complying with the law for achieving purposes with respect to preventive medicine or occupational medicine or public interest in public health, establishment, compliance with or exercise of the legal claims or defense of the legal claims or compliance with the law.

9.5 Right to Restriction
You have the right to request a restriction to the processing of your Personal Data in certain circumstances as follows:

1. the Company is pending the verification of the accuracy of Personal Data as per your request;
2. In case of Personal Data which shall be deleted or erased according to Clause 9.4 that you request a restriction to the use instead;
3. the Company has no further necessary to use your Personal Data, however, you have a necessity and therefore request the Company to retain such Personal Data, for establishment, compliance, or exercise of the legal claims, or for defense of the legal claims; or
4. the Company is pending the verification according to Clause 9.3 (a) or Clause 9.3 (c) in order to reject your objection request pursuant to Clause 9.

9.6 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.

9.7 Right to Withdraw Consent
In the event that the Company relies on your consent as the legal basis for processing your Personal Data, you have the right to withdraw such consent which has been provided to the Company at any time that such Personal Data is in the possession of the Company.

9.8 Right to Lodge a Complaint
If you have any concerns or questions about any aspect of the Company’s practices in relation to the processing of your Personal Data, please contact the Company using the contact details as following:

KWI Asset Management Company Limited

43 Thai CC Tower, 26th Floor, South Sathorn Road, Yannawa, Sathorn, Bangkok 10120

Tel. 02-844-0123

Email: compliance-kwiam@kwiasia.com

In case of an alleged infringement of Personal Data Protection Laws, you have the right to lodge a complaint to the Office of Personal Data Protection Committee.

The Company will exercise our best effort of the capability of the relevant systems to facilitate and carried out at your request without delay, unless it appears that to carry out at such request causes undue burden on or would involve excessive or disproportionate effort of the Company or is in the risk of violating of the protection of others’ Personal Data or illegal or impossible to perform such request.

10. Security for the Retention of Personal Data

The Company has in place and/or adopt the Personal Data storage systems, which has appropriate mechanism and technique and security standard according to the Personal Data Protection Laws and the relevant regulations, including the limitation of access of your Personal Data by staff, employees and representatives of the Company for the purpose of preventing your Personal Data from the unauthorized usage, disclosure, erasure or access.

11. Link to websites, products and services of third parties

Provision of services of the Company may link to websites, applications, products and services of third parties, which such third parties may collect certain information in relation to the use of such service. This Privacy Notice is solely applied to the processing of Personal Data under the purpose specified by the Company. The Company could not be responsible for the security or privacy or any of your information collected by websites, applications, products and services of such third parties, even you click the link appeared on the service of the Company. In this regard, you should be careful and verify the privacy notice or privacy policy of websites, applications, products and services of such third parties.

12. Applicable Law

This Privacy Notice shall be governed by and construed in accordance with Thai laws, and Thai courts shall have jurisdiction over any dispute that may arise out of or relate to this Privacy Notice.

13. Changes to this Privacy Notice

The Company may make changes to this Privacy Notice from time to time, in order to reflect any changes to our processing of your Personal Data, and to comply with changes to the Personal Data Protection Laws or any applicable laws. In this regard, The Company will notify you of any significant changes to the Privacy Notice through appropriate means. Nevertheless, we encourages you to review the Privacy Notice for any changes from time to time.

14. Contact

If you have any questions in relation to this Privacy Notice, or would like to exercise your rights as set out in this Privacy Notice, please kindly contact in person at the following address:

KWI Asset Management Company Limited

43 Thai CC Tower, 26th Floor, South Sathorn Road, Yannawa, Sathorn, Bangkok 10120

Tel. 02-844-0123

Email: compliance-kwiam@kwiasia.com

 

Cookies Policy

 

When you visit our website, https://www.kwiam.com, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identity you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer. By continuing to use the website, you consent us to place cookies on your company or device.

What are cookies?

A cookie is a small piece of data (text file) that a website – when visited by a user -  asks your browser to store on your device in order to remember information about you, such as your language preference or login information. We also use third party cookies – which are cookies from a domain different than the domain of this website you are visiting – for our advertising and marketing efforts.

More information www.allaboutcookies.org

How do we use cookies?

We use cookies to make websites work or work more efficiently. Therefore, the website will automatically collect and store your information relating to the visit as following:

• Domain and IP Address that you used to visit the website.
• Browser, configuration, and operating system that you used to access the website.
• Date and Time that you visited the website.
• Domain and IP Address of the third-party website that you accessed through to the website.
• The web pages you accessed, visited, and exited from the website including content and duration you used.

The types of cookies we used, includes but not limited to the following:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

 

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.    All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

 

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalisation. They are used to recognize you when you return to the website and enables us to personalize our content for your, tailor the website for your needs and remember your preferences, for example, your choice of language or region, browsing font size. If you do not allow these cookies, then some or all of these services may not function properly.

Advertising and targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.    They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

What are your choices regarding cookies?

If you would like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or change the setting in your web browser, you might not be able to use all of the features we offer, you may not be able to store your preference, and some of our pages might not display properly. You can learn more about cookies and third-party websites as following:

- Android (Chrome)

- Apple Safari

- Blackberry

- Google Chrome

- Microsoft Edge

- Microsoft Internet Explorer

- Mozilla Firefox

- Opera

- Iphone or Ipad (Chrome)

- Iphone or Ipad (Safari)

- https://www.aboutcookies.org/how-to-delete-cookies