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PRIVACY POLICY

Type of website: Ecommerce
 

www.smaxactive.com (the "Site") is owned and operated by SMAX Active Company Limited (hereafter “SMAX Active”). SMAX Active is the data controller and can be contacted at:

Email: enquiries@smaxactive.com
Telephone: +66 (0)21214215
Mail: 446/72, 2nd Floor, Pridibanomyong 20/1, Sukhumvit 71 Road, Phrakhanong Nuea, Wattana, Bangkok, Thailand 10110

 

Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:

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  1. The personal data we will collect;

  2. Use of collected data;

  3. Who has access to the data collected;

  4. The rights of Site users; and

  5. The Site's cookie policy.

This Privacy Policy applies in addition to the terms and conditions of our Site.

 

Consent
By using our Site users agree that they consent to:

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  1. The conditions set out in this Privacy Policy.
     

When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.

You can withdraw your consent by: Contacting SMAX Active at the contact details above.

 

Legal Basis for Processing
We collect and process personal data about users only when we have a legal basis for doing so.

We rely on the following legal bases to collect and process the personal data of users:

  1. Users have provided their consent to the processing of their data for one or more specific purposes;

  2. Processing of user personal data is necessary for us or a third pary to pursue a legitimate interest. Our legitimate interest is not overriden by the interests or fundamenal rights and freedoms of users. Our legitimate interest(s) are: To improve our website and the relevance of information, products, services, offers and promotions on our website; and

  3. Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the personal data necessary to perform a contract the consequences are that we may be unable to fulfill our products and services.

 

Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

 

Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:

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  1. IP address;

  2. Location;

  3. Clicked links; and

  4. Content viewed.

 

Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;

  2. Age;

  3. Date of birth;

  4. Gender;

  5. Email address;

  6. Phone number;

  7. Address;

  8. Payment information;

  9. Auto fill data; and

  10. Feedback and survey responses.
     

This data may be collected using the following methods:

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  1. Website forms for account and transaction purposes; and

  2. Feedback forms and surveys.
     

How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect automatically is used for the following purposes:

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  1. Statistical analysis to improve website performance, improve relevance of content, products, offers and advertisements. We do not share personally identifiable information with third parties.

The data we collect when the user performs certain functions may be used for the following purposes:

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  1. Communication and marketing; and

  2. Statistical analysis to improve the website.

 

Who We Share Personal Data With


Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

 

Third Parties
We may share user data with the following third parties:

  1. Third party web hosting and platform services.

We may share the following user data with third parties:

  1. Usage data

  2. Data supplied in website forms.

We may share user data with third parties for the following purposes:

  1. Fulfilment of our obligations under the product purchase contract with you such as e-commerce fulfillment; and

  2. Statistical analyses to improve our website and the relevance of content and offers.

Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.

 

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it;

  2. If it is required for any legal proceeding;

  3. To prove or protect our legal rights; and

  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

 

How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.

You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data
In order to protect your security, we use global standard web hosting and e-commerce services with browser encryption and data storage on secure servers. We also use private mailboxes for customer enquiries, two factor authentication for administrative changes and malware scanning. Where our employees need to access data, they are bound by confidentiality for which any breach would result in employee termination.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

 

Your Rights as a User
Under certain circumstances and applicable laws you may have the following rights:

  1. Right to be informed;

  2. Right of access;

  3. Right to rectification;

  4. Right to erasure;

  5. Right to restrict processing;

  6. Right to data portability; and

  7. Right to object.

 

Children
Our Site is designed to only collect data from adult users. We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

 

How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights, please contact our privacy officer here:

Surangkana Saengha Parker
admin@smaxactive.com
________________________________________
446/72, 2nd Floor, Pridibanomyong 20/1, 71 Sukhumvit Road, Phrakhanong Nuea, Wattana, Bangkok, Thailand 10110

 

How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:

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  1. You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or by contacting equiries@smaxactive.com.

 

Cookie Policy
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

We use the following types of cookies on our Site:

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  1. Functional cookies
    Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits;

  2. Analytical cookies
    Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc;

  3. Targeting cookies
    Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalise the information you see on our Site for you; and

  4. Third-Party Cookies
    Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:

    1. To improve our user experience, to monitor user preferences, to tailor our content and ads, to provide social media features and to analyze our traffic..

 

Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

 

Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may register a complaint with us to be addressed if necessary through mediation, or you may further contact a supervisory authority.

 

Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Surangkana Saengha Parker, at:

admin@smaxactive.com
________________________________________
446/72, 2nd Floor, Pridibanomyong 20/1, 71 Sukhumvit Road, Phrakhanong Nuea, Wattana, Bangkok, Thailand 10110

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Effective date: 1st day of April, 2022

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