PRIVACY POLICY AND DISCLAIMER

Welcome to our website. This website is operated by [Sime Darby (Thailand) Limited] (“[ Sime Darby ]”, we, or us). If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions that govern the relationship between you and us in relation to this website.

The term “you” refers to the user or viewer of our website.

We reserve the right to amend the terms and conditions and the content of the website without any prior notification.

This privacy policy; in accordance with Thailand’s Personal Data Protection Act B.E. 2562 (2019) (the “Act”); sets out how we use and protects your personal data provided by you when using our website or application.

We may change this privacy policy from time to time by updating this page. You should periodically visit this page from time to time to ensure that you are happy with any changes. Any changes to this privacy policy will become effective when we post the revised privacy policy on our website or application. We will inform you of significant updates and ask for your consent where required by law to do so. This privacy policy is effective on [ 1 June 2022 ].

This privacy policy applies to all information collected or submitted on this website, through mobile application, customer service center, or other communication channels.

We only collect, or disclose use your personal data where it is necessary or there is a lawful basis for collecting, or disclosing using it. This includes where we collect, use or disclose your personal data based on the legitimate grounds of legal obligation, performance of contract made by you with us, our legitimate interests, performance under your consent and other lawful basis. We may collect or obtain the following types of information, whether directly from you or indirectly from other sources, which may include your general personal data and sensitive data but not limited to:

• • Personal details: such as, first name, last name, title, age, date of birth, gender, nationality, photos, education, house registration, work-related information (e.g., job title, company you work for), information on government-issued cards (e.g., national identification number, passport number), signatures, your license or permit and other identifiers;
• • Contact details: such as address, phone number and email address, LINE ID, Facebook or other social media accounts, or emergency contact person;
• • Financial information: such as bank account, bank passbook, bank statement, bank guarantee, loan agreement, cheque, credit records, debt or outstanding balances, and other financial details;
• • Vehicle-related information: such as vehicle identification number, license plate, model, color, production year of a vehicle, details of insurance, transactions regarding vehicle purchase, repair, or maintenance, and other vehicle details;
• • Technical information: such as Internet Protocol (IP), telemetry data, and cookies;
• • Sensitive Data: such as blood type, health information, disability, biometric information, political beliefs, criminal record, etc.;
• • Other information in connection with the relationship between you and us: such as vehicle purchase agreements, customer surveys, etc.

In the case that consent is required by law, or that we have no basis for collecting, processing, or disclosing your personal data as specified above, we will ask for your consent prior to collecting, processing, or disclosing your personal data.

We will collect personal data of a minor, a quasi-incompetent person, and an incompetent person only when a guardian’s consent is obtained. Any information collected without a guardian’s consent will be deleted promptly or be processed to the extent permitted by law, as the case may be.

Based on the legitimate grounds of legal obligation, performance of contract made by you with us, our legitimate interests, performance under your consent and other lawful basis, we may collect, use, or disclose your personal data for the following purposes:

• • Inspection and/or registration of motor vehicle ownership at the relevant governmental and/or regulatory authorities;
• • Internal record keeping includes the updating of our after-sales service records of the motor vehicle. This relevant information will be used by us, our appointed after-sales service dealers, agents and/or sub-contractors to provide the relevant after-sales service and/or repair as well as to communicate with you on any matter relating to the provision of the service in general;
• • Improvement of our products and services
• • Performing obligations under any agreements entered or to be entered between you and us;
• • Customization of our website;
• • Activation of motor vehicle warranty with the relevant motor importers/distributors and/or relevant motor/manufacturer overseas and the activation of motor vehicle extended warranty with the relevant insurance company(ies);
• • Disclosure of your information to service providers, agents, and/or contractors, from time to time to help us to provide and market our products and services to you;
• • For statistical analysis and includes our disclosure of your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide; for administrative purposes and statistical analysis;
• • IT systems and support for the operation of the website or application;
• • Security and system monitoring, such as authentication and access controls and logs where applicable, monitoring of system, devices and internet, ensuring IT security, prevention and solving crimes, as well as risk management and fraud prevention;
• • Compliance with the Act, and any other applicable laws and regulations;

We may disclose or transfer your personal data to the following third parties who collects, uses and discloses personal data in accordance with the purpose under this privacy policy. These third parties may be located either in or outside Thailand.

Our affiliates: namely, 1.) Performance Motors (Thailand) Limited; 2.) Performance Motors Don Mueang (Thailand) Limited; 3.) Sime Darby Auto Services Limited; 4.) Sime Darby Mazda (Thailand) Limited; 5.) Sime Darby (Thailand) Limited; and 6.) Sime Darby Vantage (Thailand) Limited.

Our service providers: We may use other companies, agents or contractors to perform services on behalf of or to assist with the business relationship with you. We may share your personal data including, but not limited to (1) infrastructure, software, and website developer and IT service providers; (2) payment service providers; (3) research agencies; (4) analytics service providers; (5) survey agencies; (6) marketing, advertising media, and communications agencies; (7) logistics service providers; (8) outsourced administrative service providers; (9) data storage and cloud service providers; (10) customer service center; (11) insurance service providers; and (12) commercial banks. In the course of managing our business relationship, the service providers may have access to your personal data. However, we will only provide our service providers with the information that is necessary for them to perform the services, and no service provider is authorized to use your information for any purpose other than those specified in this privacy policy.

Third parties required by law: In certain circumstances, we may be required to disclose or share your personal data in order to comply with a legal or regulatory obligation. This includes any law enforcement agency, court, regulator, government authority or other third party where we believe it is necessary to comply with a legal or regulatory obligation or to protect our benefits or rights.

Professional advisors: This includes lawyers, technicians, financial advisors, and auditors who assist in running our business and defending or bringing any legal claims.

The Thai Hire-Purchase Association: We may transfer your personal data to the Thai Hire-Purchase Association.

Business Transfer: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal data could be one of the assets transferred to or acquired by a third party.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you direct marketing information about us and/or third parties which we think you may find interesting if you tell us that you wish this to happen.

We may disclose or transfer your personal data to third parties or servers located overseas, which the destination countries may or may not have the same equivalent level of protection for personal data protection standards. We will take steps and measures to ensure that your personal data is securely transferred and that the receiving parties have in place an appropriate level of protection standards. We will request your consent where consent to cross-border transfer is required by law.

We will retain your personal data for as long as is reasonably necessary to fulfil the purpose for which we obtained it, and to comply with our legal and regulatory obligations. If such personal data is collected and processed for multiple purposes, such personal data will be deleted or recorded in an untraceable format upon the fulfillment of the last purpose. However, we may have to retain your personal data for a longer duration, as required by applicable law.

A cookie is a small file which asks permission to be placed on your computer’s hard disk. Once you agree, the file is added and the cookie helps analyses web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preference.

We use traffic log cookies to identify which pages are being used. This helps us to analyses data about web page traffic and improves our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Our website may contain links to enable you to visit our group of companies’ websites and other third parties’ websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over the nature, content and/or availability of those other websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Subject to applicable laws and exceptions thereof, you may have the following rights:

• • Right of access: You may have the right to access or request a copy of the personal data we are collecting, using and disclosing about you. For your own privacy and security, we may require you to prove your identity before providing the requested information to you;
• • Right of withdrawal: you have the right to withdraw your consent at any time. Such withdrawal of the consent does not affect the lawfulness of the processing done prior to withdrawal;
• • Right of rectification: You may have the right to rectify any incomplete, inaccurate, misleading, or not up to date personal data that we collect, use and disclose;
• • Right to data portability: You may have the right to obtain personal data we hold about you, in a structured, electronic format, and to send or transfer such data to other data controllers or to yourself for certain reasons unless it is against the laws or affect the rights and freedom of other persons;
• • Right of objection: You may have the right to object to certain collection, use and disclosure of your personal data;
• • Right to deletion or suspension: You have the right to request us to erase your data or to suspend the use of your personal data for certain reasons unless we have to comply with the laws or have exercised our legal claim under the relevant laws for keeping such data.

You can submit a written request for exercising the above rights through the contact channels provided below. No charge will be incurred for exercising the above rights. If no legal cause for rejection of such request is present, we will consider and arrange for your request as soon as possible, and in any case, within 30 days from the date that we have received such request.

We welcome your views and feedback about our data protection policy and your personal data furnished to us. If you would like to contact us with any queries or comments, you may reach out to us by:-

(a) calling telephone number: [029005700]; or

(b) sending an email to [wasamon.ch@simedearby.com]; or

(c) sending a letter to us at [25/14-15 Moo 4 Ramintra Road , , Bang Khen , Bangkok , 10220].

The use of this website is subject to the following terms of use:

• • The content of the pages of this website is for your general information and use only. It is subject to change without notice. You are advised to visit our website from time to time to ensure that you are happy with any changes.
• • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law.
• • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• • All tradenames and trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
• • Unauthorized use of this website may give to a claim for damages and/or a criminal offence.
• • From time to time, this website may also include links to other websites. These links are provided only for your convenience to provide further information. We do not endorse other third parties’ websites and shall not be responsible for the content and/or security of the linked third parties’ website(s).
• • You may not create a link to this website from another website or document without our prior written consent.
• • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Thailand.

The information contained in this website is for general information purposes only. Whilst we endeavor to keep the information up-to- date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained in the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of or in connection with the use of this website.

Whilst every effort is made to keep the website up and running smoothly, we take no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control and/or the unauthorized access and improper use of your information beyond our reasonable control.

We reserve the right to discontinue or change any of the models, prices, colors, materials, equipment or other specifications referred to on this website at any time without notice. Some of the equipment shown or referred to in this website may only be available as an option at extra cost. Always consult an authorized dealer for the latest information about the interested product, and its availability, before placing an order.

All copyright in this website (includes text, graphics, logo, icons, video and sound recordings) is owned or licensed to us and shall be protected under Thailand’s Copyright Act B.E. 2537 (1994) and its amendments.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:-

• • You may print or download to a local hard disk extracts for your personal and noncommercial use only.
• • You may copy the content to individual third parties for their personal and non-commercial use, but only if you acknowledge this website as the source of the material.

Except with our prior express written permission, you may not adapt, reproduce, distribute, create any derivative works from any part of this website or commercially exploit the contents of this website. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

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