Privacy Policy นโยบายความเป็นส่วนตัว

1. 1. Introduction

 

1.1 ACS Servicing (Thailand) Company Limited (“ACSS” or “we”) has established and discloses this privacy policy statement (the “Privacy Policy Statement”) as our approach to explain how we, as the data controller, collect, use, disclose or otherwise process personal information of  individual representatives and contact persons of our existing and prospect clients, debtors of our clients and debtors of our own, including their guarantors and contact persons (if any) and how we protect personal information and properly handle such information once the provisions under the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) with respect to the processing of personal information become effective.

1.2 ACSS recognizes the importance of protecting personal information, and complies with the PDPA and other relevant laws and regulations as well as internal regulations of ACSS including this Privacy Policy Statement, and ACSS strives to properly protect and handle personal information.

1.3 ACSS collects personal information through appropriate and lawful means, and only to the extent necessary to achieve the purpose of utilization. Such collection, use, disclosure or otherwise processing of personal information will be in accordance with the provisions of relevant laws only.

1.4 ACSS specifies the purpose of collection, use, disclosure or otherwise processing of personal information, and collects such information to the extent necessary in relation to the purpose. In cases where the purpose of collection, use, disclosure or otherwise processing of specific personal information is limited by relevant laws and regulations, ACSS does not use such personal information beyond such limitations of the purpose. You may find details of purpose of collection, use, disclosure or otherwise processing of personal information in this Privacy Policy Statement.

1.5 ACSS does not disclose personal information to any third party, except where the person concerned has granted prior consent in that regard, or where disclosure of personal information is based on laws.

1.6 ACSS takes appropriate security measures for preventing unauthorized or unlawful loss, access to, use, alteration, correction or disclosure, of personal information. When appointing any third party to process personal information on behalf of ACSS, ACSS appropriately oversees such third party.

1.7 ACSS reviews the content of this Privacy Policy Statement as necessary, and strives to bring about continuous improvement such as to our systems and approaches for protecting personal information.

1.8 ACSS trains and educates our officers and employees regarding the importance of protecting personal information to ensure that they handle the personal information in an appropriate manner.  

1.9 ACSS responds in an appropriate and swift manner to requests for exercising data subject rights, any opinions or requests concerning its collection, use, disclosure or otherwise processing of personal information. Please see relevant details shown in this Privacy Policy Statement or please contact ACSS at contact details shown below.

2. 2. Personal Information We Collect, Use, Disclose or Process and Its Sources

 

2.1 What is personal information?

Personal information means any information relating to an individual, which enables the identification of such individual, whether directly or indirectly,

2.2 Personal information we collect, use, disclose or process

ACSS collects several types of personal information, including:

• Identity data (for example, name, surname, identification card number, passport number)
• Contact data (for example, address, telephone number, email)
• Financial data (for example, bank account information, financial history information, payment default information and other debt information, bankruptcy information)
• Data about your background verification (for example, anti-money laundering information, transaction history)
• Other personal information necessary to our service (for example, court case information, your testimony, judgement, property tracing information)
• Sensitive personal data such as religion as shown in your identification card, criminal records, only with your explicit consent or when permitted by law

2.3 Sources of information

ACSS may collect your personal information from various sources as follows:

(1) Collect information directly from you, for example:

• Contract signing, form filling, registrations or submissions of claims or requests for exercising your rights
• Your communication with us, for example, face to face communication, telephone, email
• Security procedure such as card deposit when entering our premises
• [Other sources, please specify]

(2) Collect information from other sources, for example:

• Your employer which you hold a position as authorized directors, representatives, or employees
• Your creditors, for example, banks and other financial institutions which provide credit card services, personal loan, leasing, housing loan, etc.
• ACSS clients whom you have a legal relationship with as their customers
• The persons specified by the debtor whom ACSS may contact for the purpose of debt collection or other persons whom ACSS may contact in for the purpose of enquiring or confirming the place of contact of the debtor in accordance with the applicable debt collection law and regulations and other relevant persons (e.g. your guarantor, if any)
• Government authorities or other publicly available sources such as company website, information made available on the internet or social media platforms

 

3. 3. Purposes of Collection, Use, Disclosure or Processing of Personal Information

 

ACSS collects, uses, discloses or processes your personal information for various purposes depending on relationship between you and ACSS as follows:

3.1 For our corporate clients

Processing purposes	Lawful basis
To respond to queries made by potential clients, to conduct pre-contractual negotiations, to enter into an agreement with your employer to provide ACSS’s services, including debt collection and litigation services, and/or purchase debt claims	•       Performance of a contract •       Legitimate interest •       Consent for sensitive data (if any)
To proceed with anti-money laundering inspection	•       Compliance with a law
To perform contractual obligations between ACSS and you or your employers as ACSS’s clients, including provision of ACSS’s services, fulfilling contractual obligations, maintaining internal records, managing relationship with our clients	•        Performance of a contract •        Legitimate interest
To manage risks and undertake internal audit and administration	•       Legitimate interest
To prevent, detect and investigate fraud and other illegal actions	•       Legitimate interest
To establish, comply or exercise the rights to legal claims or defend against the rights to legal claims	•      Legitimate interest •      Legal claim for sensitive data
To legally assign any rights, duties and benefits under relevant agreement between you or your employer and ACSS	•       Performance of a contract •       Legitimate interest
To comply with legal obligations and law enforcement requests, and to report information to government authorities as required by laws (e.g. anti-money laundering law, tax law, etc.) or upon receiving an order or a writ of attachment from police officers, government authorities or courts.	•       Compliance with law
To monitor security in our premises including card deposit before accessing such areas, and using CCTV to collect images of those who contact us at our premises	•       Legitimate interest

 

3.2 For our corporate clients’ customers and debtors and our own debtors

 

Processing purposes	Lawful basis
To operate debt collection service (by phone and field service) for the purpose of collecting your outstanding debts according to the debt collection service agreement (where ACSS does not act as data processor) or as the new creditor who purchased debt claims from your original creditors (on the basis of the assigned contracts), including to locate and contact debtors or other persons as permitted under the relevant laws, to enter into negotiation with debtors for the purpose of repayment, to settle the debt and/or dispute with debtors or other necessary actions to the extent permitted under the applicable laws	•       Performance of a contract •       Legitimate interest •       Consent in case of sensitive data
To provide legal service including litigation and legal enforcement processes, including to verify your identity with relevant government authorities, to issue and send legal notices, to comply with court procedures in litigation process, to proceed with asset investigation, seizing asset and/or salary for the purpose of debt repayment until public auction process (in case of asset) or freezing portion of the salary to repay the indebtedness to the creditors under the court judgement.	•       Compliance with law •       Legitimate interest •       Legal claim for sensitive data •       Consent for sensitive data (for the purposes not exempted under the PDPA)
To collect your voice or picture (via voice record or video record) to be evidence of debt collection and evidence in the legal proceedings, and for quality control and service improvement	•          Legitimate interest
To prevent, detect and investigate fraud and other illegal actions	•       Legitimate interest
To legally assign any rights, duties and benefits under relevant agreement between you or your employer and ACSS	•        Performance of a contract •        Legitimate interest
To comply with legal obligations and law enforcement requests, and to report information to government authorities as required by laws (e.g. anti-money laundering law, tax law, etc.) or upon receiving an order or a writ of attachment from police officers, government authorities or courts	•        Compliance with law
To monitor security in our premises including card deposit before accessing such areas, and using CCTV to collect images of those who contact us at our premises	•       Legitimate interest

 

4. 4. Data Retention Period

 

ACSS retains your personal information for as long as is considered necessary for the purpose for which it was collected, used, disclosed or processed as set out in this Privacy Policy Statement. The criteria used to determine our retention periods include: we retain the personal information for the duration we have an ongoing relationship with you; or we may retain the personal information for a longer period as necessary to comply with applicable laws, or to be in accordance with legal prescription, or to establish, comply with or exercise the rights to legal claims or defend against the rights to legal claims, or to be complied with, for any other cause, our internal policies and regulations.

5. 5. Data Disclosure

 

ACSS may disclose your personal information in certain circumstances, for the purposes set out in this Privacy Policy Statement, to:

5.1 Our AEONTS ’s Group Company and any related companies for business purposes, internal management, shared services, including undertaking any other activity as set out in this Privacy Policy Statement

5.2 Government authorities, supervising authorities or other authorities as stipulated by laws, including competent official, e.g. courts, police officers, The Bureau of Registration Administration under Department of Provincial Administration, Department of Business Development. Department of Lands, Legal Execution Department, Anti-Money Laundering Office, Revenue Department

5.3 Agencies, contractors/sub-contractors and/or service providers for their implementation and procedure, such as

• Carriers, document storage and destruction service providers, printing house, IT development companies
• Debt collection service providers (in the case where ACSS assigns such debt collection service providers for trace and collection procedures and/or legal execution)
• National Credit Bureau Company Limited
• Auditors, lawyers, legal advisers, and consultants

5.4 Assignees of ACSS’ rights, duties and benefits, including their attorneys, for example in case of transfer of rights and/or obligations under the relevant agreement, corporate restructuring, merger, acquisition, sale of assets, etc.

5.5 Our clients or other third parties as per contractual requirements or legal requirements, as the case may be

6. 6. Data Subject Rights

 

6.1 Your rights under the PDPA

According to the PDPA, you have certain rights relating to your personal information as follows:

(1) Right to Withdraw Consent

You have the right to withdraw consent given to us for collecting, using or disclosing your personal information at any time, unless there is a restriction of the withdrawal of consent by law or the contract which gives benefits to you.

However, the withdrawal of consent shall not affect the collection, use or disclosure of personal information you have already given consent legally.

(2) Right to Access

You have the right to request access to and obtain a copy of your personal information, which is under our responsibility, or to request the disclosure of the acquisition of the personal information obtained without your consent. At our discretion, we may require you to prove your identity before providing the requested information. If you require multiple copies of your personal information, we may charge a reasonable processing fee.

(3) Right to Data Portability

Where ACSS arranges your personal information to be in the format which is readable or commonly used by ways of automatic tools or equipment, and can be used or disclosed by automated means, you have the right to receive your personal information and are also entitled to:

(a) request us to send or transfer your personal information in such formats to other data controllers if it can be done by the automatic means;

(b) request to directly obtain your personal information in such formats that we send or transfer to other data controllers, unless it is impossible to do so because of the technical circumstances.

• Right to Object

You have the right to object to the collection, use, disclosure or otherwise processing of your personal information for direct marketing purposes or on grounds stipulated by law. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process your personal information for the establishment, exercise or defense of a legal claim.

(5) Right to Erasure

You have the right to request ACSS to erase, destroy or make your personal information become unidentifiable data, under certain circumstances unless we are required to retain your personal information in order to comply with a legal obligation or to establish, exercise or defend legal claims.

(6) Right to Restriction of Processing

You have the right to request ACSS to restrict the use of your personal information under certain circumstances where you believe such personal information to be inaccurate, our processing is unlawful; or we no longer need to process such personal information for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.

(7) Right to Rectification

ACSS will ensure that your personal information remains accurate, up-to-date, complete, and not misleading. However, if you consider that your personal information is inaccurate or changed, you have the right to request ACSS to rectify your personal information to be accurate, up-to-date, complete, and not misleading.

6.2 How to exercise your rights

[You may exercise the data subject rights listed above via the following channels:

• Privacy setting page (via this website)
• Notification setting page (via this website)
• Other channels as specified in Clause 8 below.

Nonetheless, if we reject your request, we will inform you of the reasons.

6.3 Processing time

ACSS will process your request within 30 days upon receipt of your valid request together with complete supporting documents. Until then, your personal information will still be unchanged in our database and may still be processed or you may be contacted by us, our partners or those who have retained your personal information as of the date of your request.

7. 7. Data Protection Security Measures

 

7.1 Implementation of Security Measures

ACSS implements appropriate security measures for preventing unauthorized or unlawful loss, access to, use, alteration, correction or disclosure of personal information.

7.2 Disclosure of Personal Information to Data Processor

ACSS properly supervises third parties to which ACSS has appointed to process personal information pursuant to our orders or on our behalf.

8. 8. Contact information

 

If you have any questions or inquiries about the protection of your personal information, collection, use or disclosure of your personal information, or exercise of your rights, or have any claims, please contact us at:

8. ACS Servicing (Thailand) Company Limited and Data Protection Officer ( Mr.Alongkorn  Sattabusaya )

 

Address:     699 Moderform Tower, 11th Floor, Srinagarindra Road, Phathanakan, Khet Suan Luang, Bangkok 10250

E-mail:       [email protected]

Tel:           02-769-1700 etx. 77940-43

You also have the right to file a complaint with the relevant Personal Data Protection Committee if ACSS violates or does not comply with the PDPA or other regulations or notifications issued in accordance with the PDPA.

9. 9. Third Party Links

 

This Privacy Policy Statement applies to the use of website of ACSS only.  When you link to third party websites via ACSS Website, the personal information protection shall be in accordance with the privacy policy statement of such third party websites which are not related to ACSS.

10. 10. Update to this Privacy Policy Statement

 

ACSS regularly reviews and, if appropriate, updates this Privacy Policy Statement from time to time to ensure that your personal information is properly protected. In case of any update to this Privacy Policy Statement, ACSS will inform you through Privacy Policy Statement on this website or other appropriate methods. Please refer to this page for the updated Privacy Policy Statement.