PRIVACY Notice

AMERISEED PRIVACY NOTICE

• We at Ameriseed Co., Ltd., (“Company”, “us”, “we”, “our” or “ours”) understand the importance of personal data (“Personal Data” refers to any data whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the data, or when put together with other data would directly and certainly identify an individual) and sensitive personal data pertaining to racial, ethnic origin, political opinion, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data, or of any data which may affect the data subject in the same manner (“Sensitive Personal Data”) as defined under the applicable regulations, guidelines, orders made under the Personal Data Protection Act B.E. 2562 (2019) and any statutory amendments or re-enactments made of the Personal Data Protection Act B.E. 2562 (2019) from time to time (collectively referred to as the “PDPA”). We endeavor to protect Personal Data through our compliance with the PDPA and this privacy notice for processing of Personal Data (“Privacy Notice”), and by appropriately processing the Personal Data of our customers, shareholders, employees and applicants for potential employment or recruitment activities by the Company.

1. We will collect Personal Data and Sensitive Personal Data in an appropriate manner including (without limitation) for public interest, vital interest, performance of contract, entering into contract, contractual obligations, performance of public task, legitimate interests, and legal obligations.

2. We will not collect, use, or disclose Personal Data, unless the data subject has given consent through a written statement or electronic means prior to or at the time of collection, use, or disclosure.

3. We will inform you regarding the purpose of use for your Personal Data and Sensitive Personal Data, and use such Data within the scope of such purpose and/or for secondary purposes;

4. We will take necessary and appropriate measures to safely manage Personal Data and Sensitive Personal Data;

5. We will collect/use/disclose Personal Data without the consent of individual in case of: necessary for purpose, life threatening situation, publicly available data, public interest, vital interest, contractual obligations, public tasks, legitimate interest, legal obligations, investigations, evaluation purpose, artistic purpose, news activity, provision of legal services, collected by credit bureau, employment purpose, employees’ benefits purposes, disclosed by public agency, etc.

6. Except where otherwise specified, we will not share or disclose Personal Data or Sensitive Personal Data to any third parties unless in case of: given consent, deemed consent, consent not required for processing.

7. We will respond appropriately in the event that an individual contact the appropriate point of contact regarding display, correction, deletion, withdrawal (in full or in part) and/or termination of use of their respective Personal Data or Sensitive Personal Data.

Purpose of use for Personal Data and Sensitive Personal Data

• We use Personal Data provided to us by individuals for only the following purposes (“Purposes”):

• (1) Personal Data and Sensitive Personal Data of our customers (including users of our application software)

• Responding to, confirming and archiving inquiries, consultations, repairs and other support;

• Providing Data regarding products, services, and campaigns via invitation letters, e-mail or other means;

• Shipping products;

• Product development and improvement of other services; and

• For any other purposes required to operate, maintain, and manage our business and your relationship with us,

which we notify you at the time of obtaining your consent.

• (2) Personal Data and Sensitive Personal Data of our shareholders

• Exercise of rights and/or performance of obligations under the PDPA; and

• Management relating to our stockholders, such as preparation of records pursuant to various laws and orders.

• (3) Personal Data and Sensitive Personal Data of applicants

• Contacting and/or providing Data to applicants, and other uses necessary for employment and recruiting activities.

• (4) Personal Data and Sensitive Personal Data of our employees

• Managing the health of our employees; and

• Complying with the applicable laws (or labour protection law) to keep and maintain the employees’ benefits and interests including performance evaluation.

• Communicating with our employees for works or other purposes;

• (5) Personal Data and Sensitive Personal Data of those persons who post/submit Personal Data and Sensitive Personal Data on our website or application software

1. • Use of works posted/submitted on our website or application software in advertisements for the Company or its affiliates.

2. * All rights of publicity, copyrights and other industrial property rights in such posted/submitted works shall be attributed to the user who posted/submitted such works; provided, however, that upon posting/submitting such works, the user shall be deemed to have granted the Company a global, royalty-free and non-exclusive license (with right of sublicense to third parties) to use (including, without limitation, reproduce, publicize, send, distribute, assign, loan, translate and adapt) such works, and such user agrees that he or she shall not assert any moral rights in such works.

• (6) Personal Data and Sensitive Personal Data of our vendors and suppliers

• Communicating with our vendors and suppliers

• Responding to enquiries or complaints by vendors and suppliers

• Processing vendors and suppliers invoices in relation to the sale/supply of products and/or services and other purposes required to operate and maintain our business

• ** You agree and consent to us using and processing your Personal Data for the Purposes in the manner as identified. If you do not consent to us processing your Personal Data for one or more of the Purposes, please notify us at the contact details below.

Provision of Personal Data to third parties

• (1) We will not provide Personal Data to any third parties without your consent except in the following cases:

• If you have agreed to the provision of your Personal Data;

• If it is necessary for the preservation of life, body or property, and the relevant consent(s) cannot be easily obtained;

• If the handling of Personal Data has been entrusted in whole or in part to a third party within the scope necessary to fulfill the purposes of use (we take measures to prevent leakage, loss, or falsification of Personal Data, such as by carefully selecting our contractors, entering into agreements with contractors regarding the handling of Personal Data, and directing and supervising our contractors as necessary);

• If your Personal Data is processed on the behalf of the Company by third parties intermediaries providing adequate level of data protection.

• If Personal Data is provided in connection with the succession of business due to merger or other reason; and

• Where required by applicable laws or regulations.


Your rights under the PDPA:


• As a data subject, you have the following rights under the PDPA:


1. You have the right to be informed whether Personal Data pertaining to you shall be, are being or have been processed.

2. You have the right to be furnished the following Data before the entry of your Personal Data into our processing system, or at the next practical opportunity:


(1) Description of the Personal Data to be entered into the system;

(2) Purposes for which they are being or are to be processed;

(3) Scope and method of the Personal Data processing;

(4) The recipients or classes of recipients to whom they are or may be disclosed;

(5) Receiving your Personal Data from us and we will store the Personal Data in the format which is readable or commonly used by ways of automatic tools or equipment, and can be used or disclosed the Personal Data by automated means;;

(6) The identity and contact details of our company or our representative;

(7) The period for which the Personal Data will be stored; and

(8) The existence of your rights, i.e., to access, to correct, to request for a copy of, to request to update, to restrict the use of, and to withdraw (in full or in part) consent to process your Personal Data held by us, as well as the right to lodge a complaint before the Personal Data Protection Committee.


Any Personal Data supplied or declaration made to you on these matters shall not be amended without prior notification to you.


3. To the extent that the PDPA allows, you have the right to request for access to, request for a copy of, request to update or correct and withdraw (in full or in part) of your consent given previously) in relations to your Personal Data held by us. We reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your Personal Data.

4. You have the right to dispute the inaccuracy or error in the Personal Data and have the Company corrects it accordingly, unless the request is vexatious or otherwise unreasonable.

5. You have the right to suspend, withdraw (in full or in part) or order the blocking, removal or destruction of your Personal Data from our filing system upon discovery and substantial proof that the Personal Data are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected.

Inquiries regarding display, correction, deletion and/or termination of use of Personal Data

• Upon receipt of a request for display, correction, deletion, withdrawal (in full or in part) and/or termination of use of Personal Data, we will promptly respond to such requests upon confirming the identity of the person through prescribed procedures. For any inquiries regarding Personal Data, please contact our Data Protection Officer with the following contact details:

1. Title/Designation: Data Protection Officer

2. Postal Address: AMERISEED CO., LTD.


409 M.5, Soi Nikomsahakorn 1, Chiang Mai - Mae Jo Rd., Nonghan, Sansai, Chiang Mai 50290 TH

3. Email Address: info@ameriseed.net


• By providing your Personal Data to us, you consent to us processing your Personal Data in accordance with this Privacy Notice, and you confirm that all Personal Data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your Personal Data.

• We have the right to refuse to comply with data access request in case of: irrelevant information, high expenses and risks, affect on other's data, violation of order of court, and disclose confidential commercial information.


Personal Data collected/used

• Please be aware that communications over the internet, such as emails/web-mails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the world wide web/internet. We cannot and do not accept responsibility for any unauthorized access or interception or loss of Personal Data that is beyond our reasonable control.

• Certain activities, such as special promotions, may be linked with those from other unrelated third-party companies that offer you the option to disclose your Personal Data with the third-party. We will not disclose your Personal Data with those third-party companies; only you can if you make that choice. Links provided on the third-party websites are provided as a convenience to you and we do not control those sites or their privacy practices, which may differ from ours. We do not endorse or make any representations about any third-party sites that may be accessible through the sites. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements. We encourage you to review the privacy policy of any company before submitting your Personal Data. The Personal Data you choose to give to unrelated third parties is covered by their privacy policies, not covered by this Privacy Policy.

• To provide you with product and styling recommendations and improve our services to you, (in addition to the uses described above) we will also collect and use customer identifying data, site browsing/action history and computer/connection data, including such data obtained via Cookies* (collected data may contain, but is not limited to, customer Personal Data). We may also collect other data which may be collected via conventional internet technologies and use such data for analysis.

*What are Cookies?

• "Cookies" are a technology used on computers (hard drives) to record and manage data about individuals visiting web pages.

• Some of our web pages use Cookies in order to allow our customers to browse our web pages more conveniently. If you choose to block or refuse the use of Cookies by changing or resetting the Cookie settings on your web browser, some or all services (such as product purchase) or certain features on our website may be unavailable or not function properly.

• Additionally, to optimize our web pages, Cookies will also be used to examine usage by individuals but cannot be used to identify an individual.

• We issue cookies for the following purposes:

• Establish traffic statistics (number of visits, page views, abandonment during the order process) to monitor and improve the quality of our services.

• Adapt the presentation of our website to the display preferences of your terminal.

• Memorize information entered in forms, manage and secure access to specific and personal places such as your account, manage your shopping cart. We may send you e-mails to keep you informed of the status of your order. You can cancellation the email by way of clicking on the unsubscribe link in each email.

• Provide you with content, including advertising, related to your interests and customize the offers in align with your needs.

• For the purpose of distributing advertisements, we may obtain and use behavior information from cookies issued by third parties. Details of cookies from third parties and the information obtained will be handled in accordance with the applicable third party’s privacy policy. If you wish to invalidate advertisement deliveries via the cookies of contractors, please invalidate them from the site of the relevant company below: GoogleAnalytics/LINE/AppsFlyer/FireBase


Turnaround time

• We will respond as soon as possible but in all cases within thirty (30) days from the date of request by data subjects of Personal Data relating to you.

Where we store your Personal Data?

• Internet is used in a global environment, using it to collect and process Personal Data involves the transmission of data on an international basis. The Personal Data that we collect from you may be transferred to, accessed in and stored at, a destination outside Thailand, these Personal Data will always be held securely and in line with the requirements of any applicable regulations regarding PDPA.

• Your Personal Data may also be processed by third-parties operating within or outside Thailand, working for us or for one of our suppliers, where necessary, for the purposes mentioned hereinabove in align with the PDPA. Such third parties may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. When we transfer the Personal Data to third parties outside Thailand, we ask them to provide adequate guarantees to implement appropriate technical and organizational security measures in such a manner that processing will meet the requirements of Thailand laws and regulations and ensure the protection of your rights as a data subject.


Protection of Personal Data

• We will ensure that the Personal Data collected by or on behalf of the Company is proper kept and having adequate security measurement to protect the processing of the Personal Data.

• We will ensure protection of Personal Data in its possession or under its control by making security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, and disposal.


Retention Period

• We will cease to retain the documents containing the Personal Data or remove the means by which the Personal Data can be associated with the individuals when it can be assumed that: the purpose for which the Personal Data was collected is no longer being served by retention of Personal Data, and the retention is not necessary for legal or business purposes.

• However, we reserve the right to retain and keep your Personal Data until for a period of necessary for business, tax, or legal purposes.


Minors

• Our website is intended only for persons who are at least twenty (20) years old. If you are an individual under 20 years of age (“Minors”) or individuals who are not legally competent to give consent, you confirm that you have been obtained the consent from (on case by case basis):

1. a) the holder of parental responsibility over the child when the Minors is not entitled to act alone or when the Minors is below 10 years of age; or

2. b) the custodian who has the power to act on behalf of the data subject who is an incompetent individual; or

3. c) the curator who has the power to act on behalf of the data subject who is an quasi-competent individual.


Others

• The Company reserves the right to change or revise this Privacy Notice from time to time without prior notice to incorporate any changes in its procedures for protecting the Personal Data or any regulatory changes.

• We will notify you of any amendments to this Privacy Notice via announcements on our Company website or any other appropriate means. Please check our website from time to time to see if there are amendments to this Privacy Notice. If we amend this Privacy Notice, the amendment will only apply to Personal Data collected after we have posted the revised Privacy Notice.

• Further, by continuing to use the services, purchasing products from the Company or by your continued engagement with the Company following the change or revision to this Privacy Notice, you will be treated as having agreed to and accepted those amendments.

• This Privacy Notice is issued in both English and Thai languages. In the event of any inconsistencies or discrepancies between the English version and the Thai version, the Thai version shall prevail.

Privacy Notice on CCTV Use

We, AMERISEED Co., Ltd., use closed-circuit television (CCTV) in and around our premises ( including but not limited to our stores , promotion event , roadshow , warehouse , distribution hub ) , to monitor a specific space for the safety and security of our premises assets, staff, customers and visitors. This privacy notice provides information on our collection, use, and disclosure of your personal data collected in our use of CCTV. We may update this notice from time to time. You can find our updated notice at www.ameriseed.net


1. TYPES OF PERSONAL DATA WE COLLECTED

Our CCTV captures images of all individuals and their belongings (e.g. vehicles) entering the monitored area in or around our premises and facilities and may collect photos or videos of you.


2. HOW WE PROCESS YOUR PERSONAL DATA

2.1 We may collect, use, disclose, or process your personal data, for the following purposes:

(a) to protect individuals’ life, body, health, personal safety, and belongings;

(b) to protect and prevent our premises, facilities and assets from damage, disruption, vandalism, and other crime;

(c) to support law enforcement agencies in the prevention, detection, and prosecution of crime and to act as a deterrent against crime;

(d) to assist in the effective resolution of disputes which arise in the course of disciplinary or grievance proceedings;

(e) to assist in the investigation or proceedings concerning a whistleblowing complaint; and

2.2 Our CCTV is in operation 24 hours a day, except in case of system failure or maintenance.

2.3 We place appropriate signage in the monitored areas to alert you that a CCTV installation is in use and your personal data is recorded.


3. LEGAL BASES

We may collect, use, disclose, or process your personal data on any of the following legal bases.

(a) Vital interest. The collection, use, disclosure, or processing is necessary for the prevention or suppression of a danger to a person's life, body, or health.

(b) Legitimate interest. It is in our legitimate interest to collect, use, disclose, or process, your personal data to achieve any of the purposes described above.

(c) Legal obligations. We owe a duty to comply with the legal obligations prescribed by the applicable laws, including but not limited to the laws regarding safety and environment in the workplace. We consider the use of CCTV as a necessary measure to enable us to meet those obligations.


4. DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES

4.1 We may disclose your personal data to third parties (including our affiliates and service providers) if we consider that the disclosure is necessary for the purposes described above.

4.2 We may disclose your personal data to law enforcement agencies if the disclosure is necessary for compliance with our legal obligations and to support or assist them in the prevention, detection, and prosecution of crime.


5. PERIOD OF RETENTION

5.1 We may retain your personal data no longer than as is necessary to achieve the purposes described in this notice or as is required by applicable laws. We may need to retain your personal data for so long as is necessary to deal with any disputes or legal proceedings that may arise.

5.2 If we no longer need to retain your personal data, we may destroy, delete, remove or anonymize your personal data.


6. YOUR RIGHTS

You have the following rights pursuant to the laws:

(a) Right of access. You have the right to access and obtain a copy of your personal data or request to disclose your personal data. The request must be in writing and sent to the channel provided in the "CONTACT US" section. Your request will be processed within the period required by law. We may, to the extent permitted by law or a court order, refuse to act on your request where such request could affect the rights and freedom of another person.

(b) Right to rectification. You have the right to have incomplete, inaccurate, misleading, or not up-to-date personal data that we process about you rectified.

(c) Right to data portability. You may have the right to obtain your personal data we hold, in a structured, electronic format, and transmit such data to another data controller, where this is (a) personal information which you have provided to us, and (b) if we are processing that data on the basis of your consent.

(d) Right to object. You have the right to object to the collection, use, or disclosure of your personal data for the purposes of achieving our legitimate interest (or that of other persons). We may refuse to comply with your request if we can demonstrate compelling legitimate grounds for such collection, use, or disclosure, which may override your own interests or if such collection, use, or disclosure is for the purposes of establishment, compliance, exercise or defense of legal claims.

(e) Right of erasure. You have the right to request us to erase or destroy your personal data or to anonymize your personal data if you believe that (i) the personal data is no longer needed for the purposes described in this notice or (ii) the collection, use, or disclosure of your personal data is unlawful. We may refuse to comply with your request for erasure or destroy for the purposes of establishment, compliance, exercise or defense of legal claims, or compliance with laws.

(f) Right to restrict processing. You have the right to request us to suspend the use of your personal data if you believe that we no longer need to retain the personal data for the purposes described in this notice, but you still require the retention for the purposes of establishment, compliance, exercise or defense of legal claims, or compliance with laws.

(g) Right to withdraw consent. If you have consented to our collection, use, or disclosure of your personal data you have the right to withdraw that consent at any time.

(h) Right to lodge a complaint. You have the right to file a complaint against us to the relevant data protection supervisory authority if you believe that we breach or do not comply with any of our obligations under the applicable personal data protection laws.


7. CONTACT US

If you have any questions about this notice or if you would like to exercise your rights, please contact our General Administration at info@ameriseed.net or phone number 053-353-810 or visit our website www.ameriseed.net.


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