Personal Data Protection Policy for Customers who are the Consumers

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Blackmores Ltd. (“Blackmores”, “we” and “our”) realizes the importance of your rights to your personal data and Blackmores is committed to comply with the Personal Data Protection Act B.E. 2562 (2019), as may be amended from time to time, as well as notifications, rules and/or regulations issued by virtue thereof (collectively referred to as the “Data Protection Law”). Blackmores thus implements this Personal Data Protection Policy for Customers who are the Consumers (“Policy”) to explain to you on the information relating to the collection, use, disclosure and/or otherwise processing of your personal data (“Process” or “Processing”) by Blackmores.
For your utmost benefits, Blackmores recommends that this Policy be thoroughly read and understood.

1. Scope of this Policy

This Policy will be applied to you if you are an individual customer of Blackmores who purchased or wishes to purchase the products of Blackmores (“Products”) through Blackmores’ websites, mobile applications and/or LINE application (collectively referred to as “Blackmores Websites”) or any other channels, or otherwise receive Products, with the sole purpose of personally consuming the Products. In other words, the purchasing or receiving of Products must not be for the purposes of distribution or sale of the Products to other persons, or to carry out any acts relating to the Products for commercial purposes. This shall also include any individuals who have registered to receive any news and marketing materials from Blackmores (“Customer” or “you”).

2. Collection of Your Personal Data

(a) Categories of Personal Data which will be Processed by Blackmores
Personal data means any data pertaining to you which enables the identification of you, whether directly or indirectly, but for the purposes of this Policy, Blackmores will Process the following categories of your personal data:
Categories of
Personal Data 		Details
Identification Data Name, Surname, Title, Gender, Year of Birth (B.E.)

In the case where the Customers would like Blackmores to issue tax invoice or any other tax-related documents, Blackmores may additionally collect your identification card number and/or tax identification number
Contact Data Contact address, delivery address, email, mobile phone number, other contact number
Financial Data Your transactions or expenses relating to the purchasing of Blackmores’ Products, credit card number, issuance date of credit card, expiration date of credit card, CCV
Health Data Sensitive personal data such as drug allergies record, pregnancy, medical conditions, reactions after consuming the Products
Electronic Identification Data IP Address, Device ID, type of device that you use, Cookie or other similar tracking technologies, information on your use and browsing on Blackmores Websites, contents on Blackmores Websites which you are visiting, date and time of accessing and leaving Blackmores Websites, information on your search on Blackmores Websites, type of browsers that you are using, language that you use on the browser, operating system, address of other websites which link you to Blackmores Websites
(b) Sources of Your Personal Data
  • (1) Directly from You: Blackmores may receive Personal Data directly from you when you contact Blackmores through channels including Blackmores Websites.
  • (2) From Third Parties: Blackmores may receive your Personal Data from Blackmores’ service providers which you have contacted with or from any shops which you have purchased the Products from.

3. Purposes and Legal Basis for the Processing of Your Personal Data

(a) Blackmores will Process your personal data for the following purposes:
Purposes Details
Register Customer in Blackmores’ Member Database In the event that you would like to register as a member of Blackmores, Blackmores will Process your personal data to proceed with your such intention.
Categories of Personal Data
  • Identification Data
  • Contact Data
Legal Basis
  • To proceed with your request to enter into a contract with Blackmores
  • Performance of contract
Customer Database Blackmores may Process your Personal Data for the purposes in making the Blackmores’ customer database
Categories of Personal Data
  • Identification Data
  • Contact Data
Legal Basis
Legitimate Interest
Purchase of Products In the event that you have purchased Products of Blackmores via various channels, including the Blackmores Website, Blackmores will Process your personal data to proceed with your request to purchase the Products and to deliver the Products to you
Categories of Personal Data
  • Identification Data
  • Contact Data
  • Financial Data
Legal Basis
Performance of Contract
Preparation and Issuance of Tax-related Documents, Including the Filing of Tax-related Documents to the Government Agencies When you purchase Products directly from Blackmores, Blackmores will Process your personal data for the purposes of issuing tax invoice and receipt as required by law. In addition, where you have received gifts from participating in Blackmores’ activities, Blackmores may process your personal data in order to issue the withholding tax certificate

Furthermore, Blackmores is having legal obligation to file the tax-related documents to the Revenue Department
Categories of Personal Data
  • Identification Data
  • Contact Data
  • Financial Data
Legal Basis
Compliance with Legal Obligation
Marketing Purposes Blackmores may Process your personal data for the purposes of sending you information and news relating to the benefits, privileges, campaigns, promotions, events and other marketing information
Categories of Personal Data
  • Identification Data
  • Contact Data
Legal Basis
Consent
Sales Promotional Activities Blackmores may organize events to give the gifts, events to give discount coupons, events to give freebies, activities in collecting reward points for an exchange with gifts, and any other sales promotional activities with the Customers from time to time. In such case, your personal data will be Processed for the purposes of assessing qualifications and eligibilities to participate in the activities, the deliver of gifts to you, monitor and inspect the correctness of the quantities of promotional products which have been given to you by the shops and/or Blackmores, and to prevent any fraud or fraudulent act.
Categories of Personal Data
  • Identification Data
  • Contact Data
Legal Basis
Consent
  • Performance of Contract (e.g. when you register or apply to participate in the activities, or to exchange your reward points for a gift, etc.)
  • Legitimate Interest
Your Inquiries and Questions In the event that you have inquiries or questions regarding the Products of Blackmores, Blackmores will Process your personal data in order to respond to such inquiries or questions
Categories of Personal Data
  • Identification Data
  • Contact Data
Legal Basis
Legitimate Interest
Proceeding with Your Complaint In the event that you have made complaints of the Products or the consumption of the Products, Blackmores may Process your personal data for the following purposes:
  • Examine your complaint
  • Contact you to obtain additional information on the complaints and/or notify you of the result of our examination of your complaint
  • Deliver replacement of the Products to you
  • In certain cases, Blackmores may report your complaint to the relevant authorities
For these purposes, Blackmores may collect your Health Data such as information on your allergies or reactions to our Products, etc.
Categories of Personal Data
  • Identification Data
  • Contact Data
  • Health Data
Legal Basis
Consent
  • Legitimate Interest
  • Explicit Consent (For the Processing of Health Data)
Use of Cookies and Other Tracking Technologies When you using Blackmores Websites, Blackmore will Process your personal data which enables the identification electronically for the following purposes:
  • To facilitate your use of Blackmores Websites
  • To track the number of users of Blackmores Websites and the use of Blackmores Websites by the users
  • To track the participation in the online competition which may be organized by Blackmores
Please read Clause 6 Cookies for more information on the use of Cookies by Blackmores
Categories of Personal Data
Electronic Identification Data
Legal Basis
Consent
Compliance with Law Blackmores may Process your personal data for the compliance with any applicable laws, rules and/or regulations – for example, to proceed with your request to exercise the rights to your personal data, etc. This includes the Processing of your personal data for the compliance with orders of the competent courts, officers, government agencies and/or supervisory authorities
Categories of Personal Data
  • Identification Data
  • Contact Data
  • Health Data
  • Electronic Identification Data
Legal Basis
Consent
  • Compliance with Legal Obligation
  • Explicit Consent (For the Processing of Health Data where there is no law requiring the Processing of such data)
(b) In certain circumstances, Blackmores may Process Personal Data of the Customers when it is necessary for the establishment, compliance, use or defense of the legal claims which Blackmores is entitled to under the law.
(c) Blackmores may Process your personal data for other purposes as permitted or required by the applicable law. In such case, Blackmores will Process personal data in compliance with the Data Protection Law.
(d) Where the Processing of your personal data is for the performance of contract or to proceed with your request to enter into the contract, if you did not provide your personal data to Blackmores in such circumstances, Blackmores may not be able to proceed with your request and/or may not perform our obligations under the contract – for example, unable to proceed with your purchase order, unable to deliver the Products to you or unable to let you participate in activities, etc.
(e) Where the Processing of your personal data is for the compliance with legal obligation, if you did not provide your personal data to Blackmores in such circumstance, Blackmores may not be able to comply with law and Blackmores and/or you may be deemed to be in non-compliance with or violation of the applicable law – for example, in the case of issuance of the tax-related documents to you, etc.

4. Disclosure of Your Personal Data to Third Parties

Blackmores may disclose your personal data to the third parties as follows:
(a) Blackmores may disclose personal data of the Customers to affiliates or regional offices located outside of Thailand.
(b) Blackmores may disclose your personal data to the service providers of Blackmores such as online platform management service providers, information technology service providers, logistics service providers, payment service providers, accounting firms, auditors, legal advisors, etc., and may disclose your personal data to the shops or distributors which/who have been authorized to distribute the Products of Blackmores.
(c) Blackmores may disclose your personal data as required by the applicable law or in pursuant to the orders of the competent authorities, government agencies and/or courts, both within Thailand and overseas, which shall include, without limitation, the Revenue Department, the Food and Drug Administration, etc.
(d) Blackmores may disclose your personal data to other relevant third parties when there is a change of Blackmores’ ownership, properties or assets – for example, merger and acquisition.

5. Transfer of Your Personal Data

Blackmores may transfer your personal data to affiliates and regional offices located outside of Thailand which include Australia and Singapore. The destination countries which will receive your personal data may not have adequate personal data protection measures or standards as required by the Data Protection Law. However, in transferring any of your personal data outside of Thailand, Blackmores will carry out any necessary and relevant acts to ensure that your personal data will be transferred in an appropriate careful manner, and appropriately secured to protect your personal data. Blackmores will also require the third parties who will receive your personal data to at least implement adequate personal data protection standard as required by the Data Protection Law.

6. Cookies

Cookies are the small text files which are used for the collection of data by recording into the computer device and/or other devices which are used by you such as smartphone or tablet, etc. Blackmores uses cookies and/or other tracking technologies (collectively referred to as “Cookies”). Moreover, Blackmores uses Cookies to track the number of users on Blackmores Websites and the usage of Blackmores Websites by such users. In certain circumstances, Blackmores may use Cookies to track the participation in the online competitions organized by Blackmores.
You may change your browser setting to reject the use of Cookies. However, the rejection of Cookies may cause you to be unable to use Blackmores Websites, either in whole or in part.

7. Retention Period for the Personal Data

(a) Blackmores will retain personal data of the Customers throughout the term of the contract or throughout the term of which there is a communication between us, and will retain such personal data for 10 (ten) year after the end of our contractual relationship or your last communication with Blackmores, as the case may be, unless the law otherwise requires.
(b) In the event that you have participated in the promotional activities, Blackmores will retain your personal data for a period not more than 5 (Five) years from the date that you have registered for the activity, unless the law otherwise requires.

8. Rights to Your Personal Data

Subject to conditions and limitations under the Data Protection Law, you are entitled to the following rights:
(a) To request to have access and obtain copy of your personal data, and to request the disclosure on the acquisition of your personal data which you did not consent;
(b) To obtain your personal data in the format which is generally usable or readable by the machine (if any), and to have personal data in such format transmitted to another data controller;
(c) To request the deletion, destruction or de-identification of your personal data;
(d) To object to the collection, use and disclosure of your personal data;
(e) To request the suspension of the Processing of your personal data;
(f) To request that your personal data be corrected, updated or completed; and
(g) Where the Processing of your personal data relies on consent as a legal basis, to withdraw your consent at any time.

9. Change to this Policy

Blackmores may change this Policy from time to time or when the law requires. Blackmores will notify you of such change via [contact channel]. In the event that the applicable law requires that any change requires consent, we will obtain consent from you prior to such change becoming effective. Please refer to the date specified at the end of this Policy on the latest date of which this Policy has been changed.

10. Contact US

In the event that you would like to make complaint on the management of Processing of your personal data by Blackmores, you may file compliant to the personal data protection supervisory authority. However, where possible, Blackmores would like to encourage you to first contact Blackmores to resolve any issues or complaints before reaching out to said supervisory authority.
In the event that you would like to file complaint, have any inquiries or questions regarding the Processing of your personal data, or would like to exercise any of the rights to your personal data, please contact us at
Blackmores Ltd.
Email: [email protected]
Or you may contact our Data Protection Office at
Data Protection Office
Email: [email protected]
ปรับปรุงล่าสุด [20/5/22]