Personal Data Protection Policy & Terms of Use

1. Introduction

1.1 Please peruse these Personal Data Protection Policy (“Policy”) & Terms of Use (“Terms”) carefully before using this website (“Site”).

In these Policy and Terms, the word “Probike” refers to Probike Co., Ltd.

1.2 This Site is owned and operated by Probike Company Limited which also operates the Probike online store whose URLs are "www.probike.co.th” and “www.probikefamily.in.th") portion of the site, (collectively, "Probike").

1.3 By using this site, you signify your agreement to these Policy and Terms. If you do not agree to the Policy or the Terms, or both, please do not use this Site.

1.4 Probike reserves the right, and it is at Probike’s discretion, to revise, modify, add, remove, or otherwise change to the Policy and/or the Terms, whether wholly or partially. Please check periodically for changes. Your continued use of this Site following the posting of changes to the Policy and/or the Terms will signify your acceptance of the changes. The Policy and Terms were last updated on [25th] September 2024.

2. Personal Data Protection Policy

Your personal data is important to Probike. As a part of the operation of this Site, Probike gather certain types of information about users, some of which could qualifies as personal data. Probike would like the user to know the types of personal data that Probike collects and what Probike does with it, and for what purposes.

2.1. Data and Information Probike Collects

Probike collects two general types of data and information from users: personal data (such as names and e-mail addresses); and aggregate data (such as information about traffic patterns on this site; for example, how many users log into this site on a daily basis).

2.2. Personal Data

Personal data is collected when users provide information to Probike, for example in registering for electronic newsletters or other membership services, in answering surveys, purchasing items from the Store, registering to bid on items available at an online auction, and/or registering for contests and other promotional opportunities provided by Probike. When you register or request information on this Site, Probike generally needs you to provide your name, e-mail address, mailing address, day phone number and credit card information (only when ordering products at the Store), as well as create a username and password. In addition, if you send Probike personal correspondence, such as e-mails or letters, Probike may collect such information into a file specific to you.

2.3. Aggregated Information and Usage Information

Aggregate information, such as which page users access and information volunteered by users, such as survey information and/or site registration information, is collected through various methods. In the course of using Probike’s Site, Probike also automatically tracks certain information about you. This information includes the URL that you just came from, which URL you next go to, what browser you are using, and your IP address. An IP address (internet protocol address) is a number that is automatically assigned to your computer whenever you surf the web. Web servers, the computers that "serve up" web pages, automatically identify your computer by its IP address, and when you request a page from Probike, Probike’s servers log your IP address. Probike does not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to Probike.

2.4. The Required Data

The User is required to provide Probike with the following data:

(1) To comply with the applicable laws, the user is required to provide Probike with the following data/information:

(a) First Name , Middle Name and Surname;

(b) Mobile Number ; and

(2) For the purpose of consummation of the necessary relevant contracts with Probike, the user is required to provide Probike with the following data:

(a) First Name , Middle name and Surname;

(b) Mobile number; and

(d) Destination Address with Post code

2.5 Use of Cookies

Please refer to our “Probike’s Cookie Policy” for details.

2.6 Use of Personal Data Collected by Probike

2.6.1 Probike uses the personal data, aggregated data, and usage information Probike collects for multiple purposes. For example, Probike collects these types of data/information for fulfilling orders and prizes, administering information requests and providing information services, tracking/verifying compliance with Probike’s policies and the laws, and for editorial and feedback solicitation purposes. Probike may use your e-mail address and, in rare situations, your mailing address or phone number, to contact you regarding customer service issues or billing matters. Personal and aggregated information are also used to: improve the content of the Store; perform system administration activities; customize the content and/or layout of the Store for each individual user; and notify users about updates to the Store or promotional offers or opportunities that Probike believes will be of interest to you. Probike will always try to provide you with an opportunity to decline this service when such information is requested from you online. If you later decide you would rather not receive this information, or would like to opt-out of any other information request or distribution, you may also update your account information on the applicable portion of this site or simply reply to any e-mail sent to you and type UNSUBSCRIBE as the subject of your reply or in the message of the e-mail. Probike may also use your information and activity on the site to resolve disputes, troubleshoot problems and enforce Probike’s Terms of Use.

2.6.2 The Cases Where Your Consent is Not Necessary

Please note that, under Section 24 of the Personal Data Protection Act 2019, Probike is entitled to use the collected personal data without your consent for any of the following purposes:

(1) any purposes of preparing historical documents or archives for the public benefit, or any purpose(s) related to study, research statistic which a suitable protective measure is provided to protect the right and liberty of the personal data subject in accordance with the requirements set forth in the regulation(s) of the Personal Data Protection Board;

(2) any purposes of protection or eradication of danger threatening to life, body, or health of a person or persons;

(3) any purpose/purposes which is/are necessary for performance of the contract(s) which the personal data subject is a party or for operations according to the request of the personal data subject prior to entering into the said contract, for example:

(a) name and surname of the personal data subject;

(b) day, month, and year of the birth of the personal data subject; and

(4) any purposes which is necessary for performing the personal data controller’s duty in carrying out a mission for the public interest or for performing duty in the course of exercising the power of the state entrusted to the personal data controller;

(5) any purpose which is necessary for the lawful benefit of the personal data controller or of other natural or juristic person other than the personal data controller, except in the case where such benefit is of less significance than the fundamental right to the personal data of the personal data subject; or

(6) any purposes of performance of Probike’s legal obligations.

2.7 Time of Keeping the Collected Personal Data

2.7.1. The time in which pieces of the collected personal data are stored by Probike could vary according to nature of the data. For example, your user’s name and contact information could be kept throughout the duration of the your membership of Probike’s Store.

3. Disclosure of Collected Information to Third Parties

3.1 Probike does not sell, trade, rent or otherwise provide your personal data to third parties without prior permission from you, provided however, that third parties do not include Probike’s subsidiaries, affiliates, licensees, partners, website hosting partners or other parties who assist Probike in operating this site. Probike may, however, share your data in an aggregate format, as well as aggregate usage information, with third parties for both advertising and promotional purposes. Further, Probike cooperates with all law enforcement inquiries, and with all third parties to enforce their intellectual property or other legal rights.

3.2 Probike (as the personal data controller) will not dispatch or transfer your personal data to:

(a) recipient in any country; or

(b) any international organization,

unless such country in which the recipient is located or such organization has in place adequate personal data protection standards that at least meets the requirements prescribed by the Personal Data Protection Committee pursuant to Section 16 (5) of the Personal Data Protection Act 2019 (as amended). The preceding sentence, nevertheless, does not apply in any of the following events:

3.2.1 It is a dispatch or transfer of personal data in order to comply with the applicable law;

3.2.2 Your consent to such dispatch or transfer of your personal data has been given to Probike, provided that you were informed by or for Probike before giving the consent of the recipient’s or international organisation’s inadequacy of personal data protection measure;

3.2.3 It is necessary: (i) in order to comply with a contract to which you (as the subject of the personal data in question) are a party; or (ii) for carrying out your request prior to entering into the aforesaid contract;

3.2.4 It is a compliance with a contract made between Probike (as the personal data controller) and a third party for the benefit of you as the personal data subject;

3.2.5 An act to prevent or eradicate a peril threatening to life, body, or health of the personal data subject or other person and the personal data subject is then not able to give consent; and

3.2.6 In the event that is necessary for carrying out a mission for the important benefit of the public.

4. Links to Other Sites

4.1 It is important to note that this site might contain links to other sites, and that those sites may not follow the same personal data protection policies as Probike. For instance, if you clicked on an advertisement on Store, this might take you away from this Site and to an entirely different site. This includes links to advertisers, bicycle dealers, content providers, and business partners, who may use Probike’s name and/or logos as a result of a co-branding or other agreement. These sites may send their own cookies to you, and may collect data and make uses of it that Probike would not. Probike does not control these sites or use, or bear any responsibility or liability for them.

5. Security

The security of personal data of all users of this Site is of great concern to Probike. Probike implements a variety of security measures to maintain the safety of your personal data. Once Probike receives your transmission, Probike uses reasonable efforts to ensure its security on Probike’s systems. When credit card information is transmitted, Probike uses SSL (secure socket layer) encryption technology. Any account information you enter on this Site is password-protected so that only you can access it. You should not divulge your password or user identification number to anyone. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Probike strives to protect your personal data, Probike can't ensure or warrant the security of any data/information you transmit to Probike, and you do so at your own risk.

6. Rights of the Personal Data Subject Under PDPA

6.1 Please refer to item I.2 concerning the personal data subject’s right to revoke the given consent.

6.2 The user (as the personal data subject) is entitled:

(1) to obtain from Probike a copy of any personal data concerning the user collected and kept by Probike (as the personal data controller); and

(2) to request Probike to disclose the source of the personal data concerning the user collected without the user’s consent.

6.3 The user (as the personal data subject) is entitled to obtain from Probike the personal data concerning her/him where such personal data:

6.3.1 is processed such that it is in the format that can be read, commonly used by automated device or equipment; and

6.3.2 can be used or divulged by automated means.

In addition, the user is entitled to the following:

(1) request Probike to send or transmit the personal data in the aforesaid format to other data controller if the requested data sending or transmission can be automatedly performed; and

(2) obtain personal data that Probike (as the personal data controller) sent or transmitted in the aforesaid format to other personal data controller unless that cannot be done technically.

(Section 31, para 1)

6.4 The user (as the personal data subject) is entitled to object at any time to collection, usage, or disclosure of personal data concerning the user in any of the following events:

(1) the personal data in question is a personal data that may be collected, used, or disclosed by the data controller without the personal data subject as stipulated in (4) and (5) of Section 24 of the Personal Data Protection Act 2019 unless Probike (as the personal data controller) can prove that:

(a) there exist an outweighed justification for such collection, use, or disclosure of the personal data in question;

(b) the collection, usage, or disclosure of such personal data is made in order to establish a claim according to the law, to comply with law or to exercise a claim according to the law, or to assert against a legal claim;

(2) being a collection, usage, or disclosure of the personal data in question for a direct marketing purpose;

(3) being a collection, usage, or disclosure of the personal data in question for the purpose of research or study in science, history, or statistic, except in the case of necessity for carrying out a personal data controller’s task for the public interest

(Section 32, para 1)

6.5 In any of the following events, the user (as the personal data subject) is entitled to request Probike (as the personal data controller) to erase or destroy or to make the personal data becoming a data that cannot be used to identify the data subject:

(1) when the necessity no longer exist for retention of the personal data according to the purposes stated in the Policy;

(2) when the consent to Probike’s collection, use, and disclosure of the personal data is properly revoked and Probike is not authorized by law to continue to retain such relevant personal data.

(3) when the personal data subject exercises her/his right:

(a) to makes an objection to the collection, use, or disclosure of the personal data under PDPA Section 32(1) and Probike cannot rely on sub-paragraph (a) or (b) of PDPA Section 32(1) to reject the objection;

(b) to make an objection under PDPA Section 32(2), i.e. an objection to Probike’s collection, use, or disclosure of the personal data for the direct marketing purpose

(4) when the personal data is collected, used, or disclosed unlawfully as provided in Part 3 [The Personal Data Subject’s Rights] of PDPA.

(Section 33, para 1)

6.6 In any of the following event, the user (as the personal data subject) is entitled to request Probike (as the personal data controller) to suspend the usage of the user’s personal data:

(1) Probike is in the process of taking actions in response to the personal data subject’s request to ensure the accuracy, up-to-date condition, completeness, and not-misleading condition of the personal data concerning the requesting user according to PDPA Section 36

(2) suspension of usage of the personal data according to the user (as the subject of such personal data)’s request instead of erasure or destruction of such personal data as stipulated in PDPA Section 33(4)

(3) when the necessity for personal data retention no long exist but the subject of such personal data is in need to continue to have it retained for the purpose of establishment of legal claim, compliance with law, an exercise of a legal claim, or assertion against a legal claim

(4) Probike (as the personal data controller) is in the process of proving under PDPA Section 32(1), or examination under PDPA Section 32(3) in order to refuse the personal data subject’s objection made under PDPA Section 32 paragraph 3.

(Section 34, para 1)

6.7 In the event that the personal data subject request Probike (as the personal data controller) to take actions in accordance with Section 35 of the PDPA (i.e. to ensure that the personal data retained by Probike is accurate, up-to-date, complete, and not misleading) and Probike does not satisfy such request, Probike will document such request and the reasons in the report which each personal data controller is required under PDPA Section 39 to have in place.

(Section 36, para 1)

6.8 The user (as personal data subject) is entitled to make a complaint against Probike (as personal data controller) and Probike’s employees, or against the personal data processor and its employees, for violation of or non-compliance with the Personal Data Protection Act or the delegated legislations issued under Section 73 paragraph 1 of the said act.

(Section 73, para 1)

7. Personal Data Controller’s Contact information:

PROBIKE COMPANY LIMITED

Mail address: 237/2, Ratchadamri Road, Lumpini Sub-district, Pathum Wan District, Bangkok, Thailand 10330

Website: https://www.probike.co.th/

E-mail: probikecare@probike.co.th

Line Official ID: @probike

Facebook: https://www.facebook.com/ProbikeTrek

Tel.: +(66) 2 254 1077

8. Terms of Use

8.1 Forums

8.1.1 "Forum" means a chat area, bulletin board, or e-mail function offered as part of this Site. Harassment in any manner or form on this site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. You shall not upload to, distribute through, or otherwise publish on or through this site any content that is libelous, defamatory, infringing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. The Forums shall be used only in a noncommercial manner. You shall not, without Probike’s express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. By uploading materials to any Forum or submitting any materials to Probike, you automatically grant Probike a perpetual, royalty-free, irrevocable, nonexclusive right and license, subject only to express restrictions set forth in Probike’s Personal Data Protection Policy, to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world.

8.1.2 Probike does not and cannot review all communications and materials posted to or created by users accessing Probike’s site and are not in any manner responsible for the content of these communications and materials. Probike reserves the right, however, to block or remove communications or materials that Probike determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Probike in Probike’s sole discretion.