PRIVACY POLICY

Effective as of 1 November 2018.

This Privacy Policy applies to the products, services, website provided and/or the business conducted by the brand BEAR & FRIENDS, part of Power Distance Co. Ltd company registered number 0105554088235 (collectively and individually referred to as “BEAR & FRIENDS”, “we”, “our”, “us”) and explains how we handle Personal Data and comply with the requirements of applicable data protection laws in Thailand. BEAR & FRIENDS takes the security and privacy of the Personal Data of its customers and users of its website www.bearnfriends.com, “Site”.

This Privacy Policy will assist you in understanding how we collect, use, disclose and/or process the Personal Data you have provided to us or that we possess about you, as well as to assist you in making an informed decision before providing us with any of your Personal Data. The term “Personal Data” refers to information that is connected to you as an identifiable individual, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access (“Personal Data”). This may include your name, address, telephone number, e-mail address, date of birth, gender, credit card details, Beauty Profile information, photographs, personal images, device ID, operating system or version, information about your purchases or preferences, and any other information collected by us where you are identified or identifiable.

If you, at any time, have any queries about this Privacy Policy or any other queries in relation to how we may manage, protect and/or process your Personal Data, please e-mail us at customerservice@bearnfriends.com with the subject “Privacy Policy Queries”.

This Privacy Policy is subject to Thai laws.

Collection of Personal Data
1.1 We may collect Personal Data from you through various means, also the your IP address and browser user agent string to help spam detection, including but not limited to instances when you:
-provide your Personal Data through our Site for the purpose of registering for and creating an account;
-request for a product or services information or to receive any marketing, promotional or other types of communications;
-provide your ratings, comments, and review of products as a customer;
-make purchases through our partner retail stores or Site;
-make enquiries or comments to us
-interact with our staff or with us

1.2 In addition to the above, we may use the following technologies (elaborated below) to automatically collect information about your activities on the Site, as the case may be (each a “Mobile Technology”):
-Cookies and Flash Cookies
If you leave a comment on the Site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

-Web beacons, clear pixels, or pixel tags
-Analytical tags
-Web server logs
-Geo-location technologies
-Embedded content from other websites
Articles on the Site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

1.3 You have no obligation to provide any of the Personal Data requested by us. However, depending on circumstances, it may be the case that if you do not provide the requested Personal Data, we may not be able to provide you with certain products and services, or transact with you, that depend on the collection, use or disclosure of your Personal Data.

Children’s Privacy
We do not and do not intend to, transact through the Site directly with anyone we know to be under the age of 18. If you are under the age of 18, you should use the Site only with the involvement of a parent or guardian and should not submit any Personal Data to us. By providing any Personal Data to us, you declare that you are over the age of 18.

Purposes For Collection, Use, Disclosure And Processing Of Personal Data
3.1 BEAR & FRIENDS will/may collect, use, disclose and/or process your Personal Data for one or more of the following purposes:
(a) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Site. Without limiting the generality of the foregoing, if you:
(i) gain access to or sign in to the Site, using your login credentials of a Social Networking Site, or
(ii) use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Site, it may result in information or your Personal Data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram). By your proceeding pursuant to (i) or (ii) above, you consent to such collection, use or disclosure of your Personal Data;
(b) monitoring, processing and/or tracking your use of the Site in order to provide you with a seamless experience, facilitating or administering your use of the Site, and/or to assist us in improving your experience in using the Site;
(c) assessing and processing your request for the purchase of and/or subscription to our products and/or services;
(d) registering you as a customer of BEAR & FRIENDS and/or to deal with, process and/or administer the account that you may open with us, including to facilitate your transactions or activities on the Site, or your transactions or activities with us;
(e) administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on the Site. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a purchase to be delivered to a third party recipient, you consent to us disclosing Personal Data that identifies you, to the said third party recipient (such as but not limited to your name). Further, you acknowledge and agree that delivery of your purchase could involve disclosure of certain Personal Data about you to bring about delivery of the same such as your name and contact details, which may be disclosed on the cover of the parcel, on an envelope or a delivery related document, as the case may be, which could be seen by third parties who view such parcel, envelope or said document;
(f) carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf including responding to your customer service enquiries and complaints; or responding to or dealing with your interactions with us;
(g) contacting you or communicating with you via phone/voice call, text message and/or fax message, e-mail and/or postal mail for the purposes of administering and/or managing your use of the Site, your relationship with us or any transactions made by you with us. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain Personal Data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(h) providing services to you as our account holder, as our customer, as a member of our loyalty program(s) or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;
(i) sharing or disclosing (at our discretion) your suggestions, comments, feedback or content (including audio, video etc.) (collectively “Feedback”) that you provide through Social Networking Sites, to the Site or to us, with other users of the Site or with the public, for publicity and/or promotion purposes with a view to marketing or showcasing the business of BEAR & FRIENDS, and/or to acquiring customers, and/or for the purpose of providing the public with your Feedback which may be useful for the public’s purchasing decision or for the public’s information or otherwise. This includes us disclosing your name together with your Feedback. Without limiting the generality of the foregoing, in the above regard, your Feedback and name may/will be published or shared by us on public media platforms such as the newspaper, the Internet, in our periodic reports (if any) etc., and/or incorporated as part of BEAR & FRIENDS’s marketing collaterals/materials or corporate video to be disclosed to the public, and you hereby consent to the same. Do not provide us with Feedback if you do not wish for such Feedback to be disclosed to the public.
(k) carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations (whether Thailand or foreign country) applicable to us or our associated companies, the requirements or guidelines of governmental authorities (whether Thailand or foreign country) which we determine are applicable to us or our associated companies, and/or our risk management procedures that may be required by law (whether Thailand or foreign country) or that may have been put in place by us or our associated companies;
(l) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with and/or investigating complaints;
(m) complying with or as required by any applicable law, court order, order of a regulatory body, governmental or regulatory requirements of any jurisdiction applicable to us or our affiliates/associated companies, including meeting the requirements to make disclosure under the requirements of any law binding on us or our associated companies, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of Thailand or elsewhere), with which we or our associated companies are expected to comply;
(n) complying with or as required by any request or direction of any governmental authority (whether Thailand or foreign country) which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (whether Thailand or foreign country). For the avoidance of doubt, this means that we may/will disclose your Personal Data to such parties upon their request or direction;
(o) conducting research (including customer research), surveys, market surveys, analysis and/or development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to the Site, or improve any of our products or services. Without limiting the generality of the foregoing, we may/will in this regard send you surveys
(p) storing, hosting, backing up (whether for disaster recovery or otherwise) of your Personal Data;
(q) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of BEAR & FRIENDS or that of its related corporations;
(r) for marketing purpose and in this regard, we would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, contests, services and/or events (including those of third party organisations whom BEAR & FRIENDS may collaborate with) that BEAR & FRIENDS (including its related corporations) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future:
(i) by way of postal mail, electronic transmission to your e-mail address(es), push notifications or harnessing other technologies (such as geo-location technology) or other technologies on your computers, in compliance with the law. You may opt out of this or withdraw from this at any time by sending an e-mail to our Data Protection Officer.
(s) dealing with and/or facilitating a business asset transaction or a potential business assert transaction, where such transaction involves BEAR & FRIENDS as a participant or involves only a related corporation of BEAR & FRIENDS as a participant or involves BEAR & FRIENDS and/or any one or more of BEAR & FRIENDS’s related corporations companies as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;
(t) to implement and maintain our information technology systems, including to store and process Personal Data in computer databases and servers located within Thailand and outside Thailand (if any);
(u) anonymization of your Personal Data. In this regard, you acknowledge that Personal Data that has been anonymized is no longer Personal Data and the personal data protection requirements under the law would no longer apply to such anonymized data;
(v) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of BEAR & FRIENDS or of its related corporations; and
(w) BEAR & FRIENDS’s reporting purposes including but not limited to reporting on BEAR & FRIENDS’s business performance;
(the purposes set out in this paragraph 3.1 above shall be collectively referred to as the “Purposes”).

3.2 For the avoidance of doubt, you acknowledge and consent to BEAR & FRIENDS sharing anonymised information such as but not limited to in the following circumstances. For the further avoidance of doubt, the personal data protection requirements under the law do not apply to anonymised data that does not identify an individual and the handling or processing of anonymised data:
(a) Aggregate information. We may share anonymised aggregate information about our customers with advertisers and marketing partners;
(b) Behavioural-based advertising. A third party may use technology to collect anonymised information about your use of Site so that they can provide advertising about products and services tailored to your interest. That advertising may appear either when you are using the Site, or using the Internet or your mobile device to visit other websites.

Sharing and Disclosure of Personal Information
4.1 BEAR & FRIENDS may/will need to disclose your Personal Data to third parties, for one or more of the above Purposes, as such third parties, would be processing your Personal Data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we are permitted to disclose your Personal Data to such third parties for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your Personal Data for one or more of the above Purposes. Without limiting the generality of the foregoing or of paragraph 3, such third parties include :
(a) our related corporations;
(b) any of our agents, contractors or third party service providers that process or will be processing your Personal Data on our behalf or otherwise, including but not limited to those which provide administrative or other financial services to us such as mailing houses, payment gateway host, telecommunication companies, logistics companies, information technology companies and data centres;
(c) our business partners;
(d) any actual or proposed assignee or transferee of the business of BEAR & FRIENDS, or a merged entity in the event BEAR & FRIENDS is merged to create the said merged entity;
(e) any other person to whom such disclosure is required by law or regulatory requirement or pursuant to a court order;
(f) third parties to whom disclosure by BEAR & FRIENDS is for one or more of the Purposes and such third parties would in turn be collecting and processing your Personal Data for one or more of the Purposes.

4.2 We will provide our preferred service providers with the information they need to perform their services and work with them to respect and protect your Personal Data. We require our service providers to adhere to strict privacy guidelines and applicable data protection laws and not to use your Personal Data for unauthorised purposes.

Provision Of Third Party Personal Data By You
Should you provide BEAR & FRIENDS with Personal Data of individual(s) other than yourself, you represent and warrant to BEAR & FRIENDS and you hereby confirm that :
(a) prior to disclosing such Personal Data to us, you would have and had obtained consent from the individuals whose Personal Data are being disclosed to us, to:
(i) permit you to disclose the individuals’ Personal Data to BEAR & FRIENDS for the Purposes; and
(ii) permit BEAR & FRIENDS to collect, use, disclose and/or process the individuals’ Personal Data for the Purposes, as set out in paragraph 3 above;
(b) any Personal Data of individuals that you disclose to us is accurate; and
(c) you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their Personal Data to BEAR & FRIENDS and for BEAR & FRIENDS to collect, use, disclose and process such Personal Data for the Purposes.

Protecting and Managing Your Personal Data
6.1 We will endeavour to take all reasonable steps to ensure your Personal Data is kept confidential and secure, and to take appropriate technical and organizational measures to prevent unlawful or accidental destruction, accidental loss, unauthorized disclosure or access or other unlawful forms of processing. We will not rent, trade, distribute or sell any Personal Data that you give us to any third party unless we receive your prior consent or applicable law permits the same.

6.2 We will put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your Personal Data. However, we cannot assume responsibility for any unauthorized use of your Personal Data by third parties which are wholly attributable to factors beyond our control.

6.3 We will take reasonable efforts to ensure that your Personal Data is accurate and complete, if your Personal Data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your Personal Data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete Personal Data arising from you not updating us of any changes in your Personal Data that you had initially provided us with.

6.4 We will also put in place measures such that your Personal Data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served by the retention of such Personal Data; and (ii) retention is no longer necessary for any other legal or business purposes.

Cookies and Website/Mobile Technology
7.1 Cookies. For users of the Site, please note that BEAR & FRIENDS may deposit “cookies” in your computer or your mobile device in order to identify you. Cookies are small data text files that are sent from a server computer during a browsing session. Cookies are typically stored on the computer’s hard drive and are used by web-sites to simulate a continuous connection to the site. Security measures have been employed to prevent unauthorized access to visitor data. However, visitors acknowledge that BEAR & FRIENDS does not control the transfer of data over telecommunication facilities including the Internet. Therefore, to the extent permitted by law, BEAR & FRIENDS will not be responsible for any breach of security or the unauthorized disclosure or use of any such data on the Internet, through no fault of BEAR & FRIENDS. Not all cookies collect Personal Data and you may configure your browser to reject cookies. However, this may mean you may not be able to take full advantage of the services or features on the Site. Where the data collected by such cookies constitute your Personal Data, such Personal Data is being collected, used or disclosed for one or more of the Purposes. By continuing to use the Site, you are agreeing to the use of cookies or Flash Cookies on the Site. However, please note that we have no control over the cookies used by third parties.

7.2 Flash Cookies/Flash Cookies. are data files similar to cookies, except that they can store more complex data. Flash Cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.

7.3 Web Beacons. Web beacons are small graphic images on a web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.

7.4 Analytics Tags. We use analytical tags to analyse what our clients like to do and the effectiveness of our features and advertising. They can also help us customize your browsing and shopping experience. We may use information collected through analytical tags or tracked links in combination with your Personal Data. We may also combine Personal Data you provide to us with other Personal Data (such as purchase history and demographic information).

7.5 Web Server Logs. Web server logs are records of activity created by the mobile device or computer that delivers the web pages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the Site. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.

7.6 Geo-Location Technologies. Geo-location technology refers to technologies that permit us to determine your location. We may ask you to manually provide location information (like your postal code), or to enable your mobile device to send us precise location information.

Registration Information
Our Site contains areas where you can submit information to us (such as our registration service), and we also have features (such as cookies and performance tracking technology) that automatically collect information from the visitors to our Site. During the registration process, you must provide us with a password, your name, address and a valid e-mail address, etc. It is your responsibility to keep your password strictly confidential.

Changes to this Privacy Policy
Our privacy practices will be continuously assessed against new technologies, business practices and our customers’ needs. As we update and diversify our services, our Privacy Policy may evolve. BEAR & FRIENDS reserves the right to change its Privacy Policy at any time and notify you by posting an updated version of the policy on the Site.

General
10.1 Your consent that is given pursuant to this Privacy Policy is additional to and does not supersede any other consents that you provided to BEAR & FRIENDS with regard to processing of your Personal Data.

10.2 For the avoidance of doubt, in the event that the law permits an organisation such as us to collect, use or disclose your Personal Data without your consent, such permission granted by the law shall continue to apply.

10.3 Where this Privacy Policy is translated into any other language, the English version of the policy will prevail.