• Purpose of This Privacy Policy

LIGHTWORK AI COMPANY LIMITED (“Lightwork” or “We”), recognizes the importance of the protection of your personal data. This Privacy Policy is being used for customers on our platform. This Privacy Policy has been compiled to provide information regarding how Lightwork collects, uses, stores, processes, discloses and/or transfers (collectively, “handles”) Personal Data (as defined below) collected by Lightwork, whether through this website (“Website”) or any other means, in accordance with the Personal Data Protection Act B.E. 2562 (the “PDPA”) and the EU General Data Protection Regulation (the “GDPR”) (where applicable) which form our Terms and Conditions (defined as terms governing the contractual relationship between Lightwork and you (as defined below).

When do we collect Personal Data?

We collect Personal Data from you when you access our Website and/or provide information in the following manner:

1. Submit forms and/or applications relating to any of our services or products;
2. Register for or use any of our services on our Website, or other websites owned or operated by us or when you register as a member of our Website or other websites owned and/or operated by us, or use services on such other websites;
3. Use our services, e.g. downloading our product documentation and materials such as white papers and guides;
4. Make a purchase;
5. Request to be included in an email or other mailing lists;
6. When you respond to our promotions, contests and other communications and initiatives; and
7. When you submit your Personal Data to us for any other reason.
8. When browsing our Website, you generally do so anonymously but please see Section 5 below on cookies.

 If you provide us with any Personal Data relating to a third party (e.g. Personal Data of spouse, children, parents, employees and/or authorized representatives), by submitting such Personal Data to us, you warrant and represent to us that you have obtained the consent of such third party to you providing us with their Personal Data for the respective purposes.

You should ensure that all Personal Data submitted to us is complete, accurate, true and correct.

Where the GDPR is applicable, we clarify that the provision of Personal Data may be partly required by law (e.g. tax regulations), or may also result from contractual obligations (e.g. information on the contractual partner), or may be necessary to conclude certain contracts. Before providing your Personal Data, you may choose to contact our data protection officer for more information on (i) whether the provision of the Personal Data is required by law, by contract or is necessary for the conclusion of a contract, (ii) whether there is an obligation to provide the Personal Data and (iii) what the consequences of non-provision of the Personal Data are.

How and for what purposes do we handle your Personal Data?

We may handle the Personal Data we collect from you for the following purposes:

• processing partnership and product enquiries, including referring product enquiries to a suitable service provider from our partnership network;
• responding to your queries and requests and responding to feedback and complaints;
• matching any Personal Data held which relates to you for any of the purposes listed herein;
• verifying your identity;
• protecting and enforcing our contractual and legal rights and obligations;
• compliance with internal policies and any applicable rules, laws and regulations, codes of practice or guidelines or request from any governmental, supervisory, regulatory, judicial or equivalent body, or to assist in law enforcement and investigations by relevant authorities;
• as reasonably required for the provision and/or receipt of third-party services;
• managing our relationship with you, personalizing your experience and to allow us to deliver the type of content and product offerings in which you are most interested;
• improving our website in order to better serve you and responding to your customer service requests; and
• to quickly process your transactions.

Lightwork may also handle your Personal Data for the following purposes, depending on the nature of our relationship with you:

• If you have a partnership agreement with us:           
              o    to verify and process your personal particulars and payments (if applicable) in relation to provision of our partnership                              services and licenses;
              o    to provide you with services which you have signed up for;
              o    to refer you to potential end customers that we deem suitable for your services;
              o    communicating with you to inform you of changes and development to Lightwork policies, terms and conditions and other                      administrative information, including for the purposes of servicing you in relation to products and services offered to you;
              o    conducting market research for statistical, profiling and statistical analysis for the improvement of products and services                        provided to you; and
              o    resolving complaints and handling requests and enquiries;
              o    processing of your Personal Data in relation to any of the purposes stated above.

Where permitted under the PDPA, we may also handle your Personal Data for the following purposes:

• providing services, products and benefits to you, including email alerts, promotions, event notifications;
• matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision or offering of products and services, whether by Lightwork or other third parties;
• sending you general details and updates of products and services, or of particular products and services which may be of interest to you; and
• conducting market research, understanding and determining location, preferences and demographics for us to review, develop and improve our products, and services.

In relation to particular products or services or in your interactions with us, we may also have specifically notified you of other purposes for which we handle your Personal Data. If so, then we will handle your Personal Data for these additional purposes as well, unless we have specifically notified you otherwise.

Where the GDPR is applicable, we rely on the following legal basis for processing your Personal Data:

1. where it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
2. where it is necessary for our legitimate interests or the legitimate interests of a third party;
3. where necessary for us to comply with our legal and regulatory obligations; and
4. where we have your consent (please note that you have a right to withdraw your consent at any time).

How do we protect your Personal Data?

Lightwork will take reasonable steps to protect your Personal Data against unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. We have implemented appropriate measures to ensure that, by default, only Personal Data that is necessary for the specific purpose is processed.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your Personal Data. We ensure that all transactions are processed through a gateway provider and are not stored or processed on our servers.

Where necessary, Lightwork will also assess the impact of processing on the protection of personal data in certain circumstances, including where the processing (particularly the use of new technologies) is likely to result in high risk to the rights and freedoms of yourself.

In the event of a personal data breach, Lightwork undertakes to comply with the notification requirements in accordance with the applicable laws, including notifying both the appropriate supervisory authorities, and notifying yourself.

Do we use ‘cookies’?

To enrich and perfect your experience, we use cookies or similar technologies to display personalized content, appropriate advertising and store your preferences on your computer. We use cookies to identify and track visitors anonymously, their usage of our website and their website access preferences. If you do not wish to have cookies placed on your computer, you should set the browsers to refuse cookies before using our website.

Disclosure and/or transfer to third parties

Third Party Disclosure

Do we disclose the information we collect to Third Parties?

       We sell, trade, or otherwise transfer to outside parties your name, any form or online contact identifier such as email address, name           of chat account, company name, and phone number;

We engage in this practice because:

We partner with integrators and other service providers to match customers interested in our products and services with our network of partners and service providers and vice-versa with personally identifiable information. We also utilize professional service providers to process paperwork with personally identifiable information.

Subject to the provisions of any applicable law, this Personal Data may be disclosed and/or transferred for the purposes listed in Section 3 above (where applicable) to the following third parties, whether they are located in Thailand or overseas:

• our professional advisors such as our auditors and lawyers;
• relevant governmental, regulatory, supervisory or judicial or other equivalent bodies or authorities or law enforcement agencies;
• any third parties to whom we are required by or requested to or under any obligation to disclose and/or transfer Personal Data pursuant to law or regulation or any legal process;
• our partners such as consulting firms, system integrators, and software service providers; and
• any other party to whom you authorize us to disclose and/or transfer your Personal Data.

Any transfer of Personal Data shall be in accordance with the PDPA and Lightwork will take reasonable steps to ensure that any recipient of such Personal Data will provide a standard of protection to Personal Data that is at least comparable to the protection under the PDPA.

Where applicable, Lightwork will also take reasonable steps to ensure that any transfer of Personal Data is in compliance with the conditions set out in the GDPR and that any Personal Data transferred to countries outside the European Union is protected by appropriate safeguards mentioned by the GDPR (such as the use of standard data protection clauses adopted or approved by the European Commission).

Retention of Personal Data

We will only retain Personal Data only for as long as necessary for the purposes specified in Section 3 of this Privacy Policy and in accordance with applicable laws and regulations (including the PDPA and the GDPR).

Your Rights

Where the GDPR does not apply to you, you have the following rights under the PDPA, subject to certain exemptions in the PDPA:

• Right to withdraw consent: If you have given consent to us to collect, use or disclose your personal data whether before or after the effective date of the Personal Data Protection Laws, you have the right to withdraw such consent at any time throughout the period your personal data available to us, unless it is restricted by laws or you are still under beneficial contract.
• Right to access: You have the right to access your personal data that is under our responsibility; to request us to make a copy of such data for you; and to request us to reveal how we obtain your personal data.
• Right to data portability: You have the right to obtain your personal data if we organize such personal data in automatic machine-readable or usable format and can be processed or disclosed by automatic means; to request us to send or transfer the personal data in such format directly to other data controllers if doable by automatic means; and to request to obtain the personal data in such format sent or transferred by us directly to other data controllers unless not technically feasible.
• Right to objection: You have the right to object to collection, use or disclosure of your personal data at any time if such doing is conducted for legitimate interests of us, corporation or individual which is within your reasonable expectation; or for carrying out public tasks.
• Right to erasure or destruction: You have the right to request us to erase, destroy or anonymize your personal data if you believe that the collection, use or disclosure of your personal data is against relevant laws; or retention of the data by us is no longer necessary in connection with related purposes under this Privacy Policy; or when you request to withdraw your consent or to object to the processing as earlier described.
• Right to restriction of processing: You have the right to request us to suspend processing your personal data during the period where we examine your rectification or objection request; or when it is no longer necessary, and we must erase or destroy your personal data pursuant to relevant laws, but you request us to suspend the processing instead.
• Right to rectification: You have the right to rectify your personal data to be updated, complete and not misleading.
• Right to lodge a complaint: You have the right to complain to competent authorities pursuant to relevant laws if you believe that the collection, use or disclosure of your personal data is violating or not in compliance with relevant laws.

You may exercise these rights as the Data Subject by contacting us as mentioned below. We will notify the result of your request within 30 days upon receipt of such request. If we deny the request, we will inform you of the reason via SMS, email address, telephone, registered mail.

Where the GDPR is applicable, you have the following rights under the GDPR:

• Right to access and obtain copies of Personal Data that we hold about you;
• Right to correct Personal Data that we hold about you that is incorrect;
• Right to require us to erase Personal Data that we hold about you;
• Right to object to our processing of Personal Data that we hold about you on legitimate grounds, including for the purposes of direct marketing;
• Right to require us to restrict processing of Personal Data that we hold about you, in circumstances provided for in the GDPR, including circumstances where the accuracy of the Personal Data is contested, or the processing is unlawful;
• Right to receive from us Personal Data that we hold about you in a structured, commonly used and machine-readable format, including for your transmission of that Personal Data to another organization, in circumstances provided for in the GDPR; and
• Right not to be subject to automated decision-making (including profiling) where this has legal effect or significantly affects you.

Please note that you may be required to pay a reasonable administration fee (to the extent permitted under the relevant laws) for us to process such requests.

If you are concerned about the processing of your Personal Data, you can make a complaint to the competent authorities pursuant to relevant laws if you believe that the collection, use or disclosure of your personal data is violating or not in compliance with relevant laws.

Third-party links

Occasionally, at our discretion, Lightwork may provide links to other/external sites (“Third Party Sites”) that may be of relevance and interest to users, or that may be operated by third parties, such as our business partners. We are not responsible for the privacy practices of websites operated by third parties that are linked to our Website. Once you have left our Website, and are on a Third Party Site, please learn about the privacy policies of such third party websites to determine how they will handle any Personal Data they collect from you. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of Thailand.

Contacting Us

If you have any questions regarding this Privacy Policy, or you wish to exercise any of the rights set out in Section 8 above, you may contact our data protection officer using the information below:

Lightwork AI Co., Ltd.

955 Soi Suthiporn, Prachasongkroh Rd., Din Daeng, Din Daeng, Bangkok 10400 Thailand.

Via Email : [email protected]

Tel : +66-2-641-9955

Attn: Data Protection Officer