Introduction
This Privacy Policy describes how Thailand Investor Network (TIN) ("TIN", "we", "our", and "us"), a Thai-registered company operating as a property owner and asset manager, collects, uses, processes, discloses, shares, transfer, and protects the information you provide or that is collected in connection with our operations, including our role within the Better-than-Freehold™ (BtF®) structure. TIN is not a licensed asset manager, financial advisor, or regulated entity under any financial services authority. Our primary role is to hold legal title to Thai real estate and manage these assets in accordance with Thai law and contractual agreements.
This Privacy Policy constitutes a part of the Terms of Use of TIN. We respect and value your privacy as well as the integrity of the information you have provided and/or permitted us to collect. We endeavour to follow industry standards to ensure the security and confidentiality of your Personal Information (as defined below) when you engage with TIN. By engaging with TIN, you are strongly advised to carefully read, acknowledge, understand, and accept all terms stipulated in this Privacy Policy. Unless upon providing you with a prior notification and obtaining your consent, we will not use your Personal Information, in any form, for any other purposes other than those indicated in this Privacy Policy or the Terms of Use.
This Privacy Policy has incorporated provisions from Thailand’s Personal Data Protection Act B.E. 2562 (2019) ("Thai PDPA") and other applicable global data protection standards.
Personal Information Collected by TIN
For the purposes of this Privacy Policy, your Personal Information is information that can be used to identify, describe, relate, or associate with a particular individual and includes “personal data” as defined in the Thai PDPA. The following are the types of information we collect and store when you engage with TIN (collectively, the "Personal Information"):
- Information provided by you: When you engage with TIN, for example, as a lessee, property owner, or through our partners, you may be required to provide us with your name, date of birth, nationality, home address, email address, telephone number, signature, and other information which can be used to verify your identity and facilitate property-related transactions.
- Information collected for compliance purposes: In order to comply with Thai domestic laws and regulations, particularly those related to property ownership, land office requirements, and anti-money laundering (AML) regulations, TIN may collect and retain your Personal Information from identification documents, such as your passport, national identification card, driver’s license, tax identification, and visa. Other documents may include but are not limited to proof of address, source of funds declaration, and purpose and source of wealth.
- Information collected during your engagement: When you engage with TIN, we may monitor and track your Personal Information in relation to your usage of our services, such as your IP address, phone number, and device information. This information is collected to ensure efficient communication and service delivery.
- Communication of Personal Information: You hereby agree that we are entitled to collect and use the Personal Information you have provided or generated through your engagement for the purpose of communicating with you through messages, requests, emails, telephone conversations, and voicemails. Such information will include file attachments in connection with property transactions or any other information related to your contact with TIN.
- Financial Information: For the purposes stipulated in this Privacy Policy, we are entitled to collect and use the information contained in or related to your financial information as provided by you during your engagement. This includes, without limitation, your real estate and property holdings, transaction history, and bank account information. We collect and process this financial information to comply with legal obligations and facilitate property-related payments.
How TIN Collects Personal Information
We will automatically collect and process Personal Information provided by you under the following situations:
- When you engage with TIN directly or through our commercial partners (e.g., SPH Trustees, CBSA).
- When you voluntarily complete any user survey or provide feedback to us via emails or any other electronic channels.
- When you use browser cookies or other relevant software upon visiting our website.
- Other situations where we may automatically collect your information as described in this Privacy Policy or our Terms of Use.
Where we ask you for your Personal Information which you are obliged to provide to us, you may decline to provide it to us, but if you do so, we may not be able to enter into or to perform our contractual obligations with you, and we may have to terminate our relationship. For other Personal Information which you may not be under an obligation to provide to us but which we seek from you, if you do not provide it, then we may not be able to properly perform our arrangements with you.
How TIN Uses Personal Information
Your Personal Information shall be made available to TIN personnel, our affiliates, and service providers, and/or within our group of companies. This will include, but not be limited to, employees and/or any persons or Third-Party Service Providers working with TIN who are responsible for using and protecting your Personal Information. Where it is necessary (e.g., to protect the vital interest of the users or other natural persons, to fulfill the purpose of public interest, or to pursue our legitimate interest without overriding your rights and freedoms), we may use and process your Personal Information without obtaining your consent.
We use and process your Personal Information for the following purposes or in the following manners:
- To provide property ownership and real estate asset management services: We use your Personal Information to maintain and provide efficient property ownership and asset management services in accordance with our contractual obligations owed to you (including, but not limited to, processing property transactions, managing leases, and administering options) and to comply with our legal obligations.
- To verify your identity: We use collected information to help us authenticate your identity and activities and to comply with legal requirements.
- To protect property interests: We use the information collected to protect the property assets we own and manage, and to comply with our legal obligations under Thai law.
- To comply with relevant legal rules and regulations: For our legitimate interests and to comply with our legal obligations, we shall use the Personal Information in compliance with Thai laws and regulations, government requests, and our internal compliance procedures.
- For communication purposes: We use your Personal Information to interact with you directly, to provide you with necessary support, and/or to keep you informed of property-related matters, transactions, and other aspects of our services.
- To enforce the Terms of Use: Personal Information is also used, for our legitimate interests, to continuously and actively enforce our Terms of Use among our users. Activities in this regard include, but are not limited to, reviewing, investigating, and preventing any potentially prohibited or illegal activities that may violate preceding provisions, or disclose relevant information to third parties in accordance therewith.
Sharing Your Personal Information
We may share your Personal Information with the following categories of recipients:
- Within the BtF® Structure: With SPH Trustees (the regulated trustee) and Clear Blue Security Agents (CBSA) (the security agent) as necessary for the operation and security of the BtF® structure.
- Service Providers: With third-party service providers who perform services on our behalf, such as legal counsel, accountants, auditors, and IT service providers.
- Government and Regulatory Authorities: With Thai government agencies, land offices, and other regulatory bodies as required by Thai law or court order.
- Business Transfers: In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- With Your Consent: We may disclose your Personal Information for any other purpose with your explicit consent.
Data Security
TIN implements reasonable physical, technical, and administrative security measures designed to protect your Personal Information from unauthorised access, use, alteration, and disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your Legal Rights (Thai PDPA)
In accordance with the Thai PDPA, you have certain rights regarding your Personal Information, including:
- Right to Access: To request access to your Personal Information.
- Right to Rectification: To request correction of inaccurate or incomplete Personal Information.
- Right to Erasure: To request deletion of your Personal Information under certain circumstances.
- Right to Restriction of Processing: To request restriction of processing of your Personal Information under certain circumstances.
- Right to Data Portability: To receive your Personal Information in a structured, commonly used, and machine-readable format.
- Right to Object: To object to the processing of your Personal Information under certain circumstances.
To exercise any of these rights, please contact us using the details provided below.
Updates or Amendments to the Privacy Policy
We reserve the right to update or modify this Privacy Policy at any time. Changes will be effective immediately upon posting on our website. Your continued engagement with TIN after any such changes constitutes your acceptance of the new Privacy Policy.
Contact TIN
If you have any questions about this Privacy Policy or our data practices, please contact us at:
Thailand Investor Network (TIN) [email protected]