Privacy Notice

We, FS Siam Co., Ltd., FS Capital Co., Ltd., and FS Holding Co., Ltd. (collectively referred to as “Funding Societies”, “we”, “us”), as the data controller respect your personal data who collects, uses and disclose your personal data for the purpose of provision of lending (in the case of FS Capital Co., Ltd. and FS Holding Co., Ltd.) and crowdfunding platform, crowdfunding investment service, financial products and services via our platform (in the case of FS Siam Co., Ltd.) and other performance and functions as specified in our terms and conditions in our website (collectively referred to as “Services”). We strive to ensure that your personal data is protected under Personal Data Protection Act B.E. 2562 (“Act”).

This privacy notice (the “Privacy Notice”) outlines how Funding Societies collects, uses and discloses (collectively referred to as “processes”, “processing”) your personal data in respect of our Services, how Funding Societies safeguards the personal data and the rights you have with respect to your personal data in compliance with the Act Please read carefully to understand your rights.

 

1. COLLECTION OF PERSONAL DATA

1.1 Types of Personal Data

(a)  Identification data e.g. title, first name, middle name, last name, nickname, alias, age, date of birth, gender, marital status, nationality, country of birth, citizenship status, signature, phone number and office phone number, Line ID, email, address, postal code, map or  location images, present address, photo location, status of residence (e.g. house owner, head of householder, resident, welfare house, rental house and rental rates, monthly instalment and period of residence), vehicle registration, education level, Identification issued by governmental authorities (e.g. national ID number, passport number, work permit number, household registration) occupation, position and years’ experience;

(b) Financial Data e.g. source of income, financial documents, bank account details, bank statement, loan application form, payment history and credit history (e.g. credit bureau, information relating to cash flow and other similar information), investment data,
crowdfunding investment data, issuance of crowdfunding debenture data, history of investment activities;

(c) Platform and Website Usage Data e.g. activities or transactions and/or data involving your use of Services such as device, IP address, unique device identifiers, type of device, mobile network information, connection information, geographic location information, types of
browser, website data log, referring website, website history, login log, transaction log, customer behavior, website access statistics, access time, search history, use of various functions on the website and information collected through necessary Cookies and other similar technologies, through your registration and use on Funding Societies’ website including the account registration with Funding Societies’ staff and application form.

(d) Interaction Data e.g. your voice recordings when you contact our call center, records of your queries, details and contents which have been interacted between us including from meetings, events, seminars, conferences, talks, road shows, surveys organised or sponsored by us, or information relating to build relationship with you or maintain our relationships with you, your request regarding the products and Services or information from our Services that have been provided to you including from any other events;

(e) Marketing Data e.g. your marketing preferences, products and services that you are interested in, reference or preference inference from your communication or interaction with us, our affiliates, or our business partners;

(f) Data in compliance to FATCA e.g. information which demonstrates whether you have the nationality or birthplace that is linked to the United States of America, whether you have legally surrendered American citizenship, you hold an American permanent resident card (Green Card), you have an obligation to pay tax to the Internal Revenue Service (IRS);

(g)  Third Party Data we may collect data relating to another person which you provided to us (e.g. your family member details, references, guarantors, contact person for debt collection, witnesses, beneficiaries, attorney or campaign arranged by our agent/representatives). If you provide us with personal data of another person, you are responsible for ensuring that you have authority to provide us with such personal data by perform the following steps (a) you shall provide this Privacy Notice to explain our practice regarding personal data and (b) where consent is required or appropriate as a legal basis, you shall obtain consent from such person in accordance with this Privacy Notice;

(h) Social relationship Data e.g. political status, relationship with directors, management, and persons with controlling power of Funding Societies, relationship with other juristic persons (e.g. directorship, management, shareholding), and other relationships;

(i) Views and opinion Data e.g. data relating to the use of products and Services that you are interested in, other information that you choose to send to us (including on or via social media platforms or online surveys), comments, feedbacks, complaints, recommendations,
survey responses, inquiries, and any data you have voluntarily given during marketing or customer service-related communications, including your data that is disclosed on your social media profiles; and

(j) Sensitive Data such as criminal records, religion, health, disability, biometric (e.g. fingerprints and facial recognition). In any event, we will only collect, use, or disclose sensitive personal data based on your explicit consent or as otherwise permitted by the law. If we have to collect personal data of minors, incompetent persons or quasi-incompetent persons, we shall obtain explicit consent from the persons exercising parental power, the legal curators, and the guardians (as the case may be), except where we can rely on other legal basis of processing apart from consent. If we unknowingly collect personal data of minors without the consent of persons exercising parental power, we will delete the personal data at the earliest convenience without the consent of persons exercising parental power or from quasi-incompetent persons and incompetent persons without the consent of their legal curator and guardian (as the case may be), we will delete the personal data at the earliest convenience unless we can collect, use, disclose and/or transfer such personal data by relying on other legal bases apart from consent.

1.2 Sources of Personal Data Collection

Through the Services channel, we may collect your personal data directly from you via branches or offices, either online or offline channels, or long-distance services (e.g. telephones, mobile applications, and other promotional and marketing channels). Moreover, we may collect your personal data from other sources such as when you contact us applying for products and Services, requesting for pitching documents or proposals, participating in transactions or entering into contracts, or information from data room with respect to transactions.

We may collect your data from other sources such as public sources, government data portal (e.g. reliable personal data from governmental authority database), your employer, the entities to which we provide the Services (including their websites, online social networking profiles), service providers engaged by us to collect personal data on our behalf, and/or affiliates or our business partners (such as our business partners platform), or representatives of your current employer and other third parties.

If you are a juristic person whereby you have provided/disclosed personal data of individual third parties, including but not limited to, your directors, individual shareholders, employees, authorized signatories, agents, representative or otherwise, you hereby represent and warrant
to us that you obtain the consent of such individual third parties and are entitled to provide their personal data to us to be used, processed and/or disclosed in accordance with this Privacy Notice.

2. USE OF PERSONAL DATA

Funding Societies shall process your personal data pursuant to the Act to perform contract obligations and/or perform transaction with you; to allow us to meet our legal obligations; to pursue our and others’ legitimate interests; to prevent or suppress a danger to person’s life, body, or health; to perform a task for public interest; to exercise rights with official authority; and/or for some processing of your personal data that your consent is required, we will obtain your consent separate from other processing which can rely on other lawful bases of processing, including the following purposes (“Permitted Purpose”):-

2.1     Compliance with Applicable Laws and Regulations: we will process your personal data to comply with the laws and regulations of government agencies and/or regulatory bodies supervising us, which include but are not limited to:

     2.1.1     compliance with laws such as the Securities and Exchange Act, Anti-Money Laundering Act  B.E. 2542, Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing Act B.E. 2549, Notification of Capital Market Supervisory Board Tor Jor. 21/2562 (as amended), and other applicable law which we must comply with both in Thailand and abroad, including operations related to Know Your Customer (KYC) processes and Customer Due Diligence (CDD);

     2.1.2     compliance with government authorities' orders which may include orders from government authorities inside and outside Thailand, and/or cooperate with court, regulators, government authorities and law enforcement bodies when we reasonably believe that we are legally required to do so; and/or

     2.1.3     reporting data to the National Credit Bureau, as well as tax supervision and reporting.

2.2     Performance of Contract Obligations: we will process your personal data upon request and/or agreements you have made with Funding Societies, which include but are not limited to:

     2.2.1     Proceeding with your request prior to entering into a contract with us, and supporting and facilitating your receipt of our products or services, including credit approval processes, financial data assessment, financial status, financial needs, creditworthiness assessment,
and notification of application results.

     2.2.2     Verifying your identity and signature in any transactions made with us;
     2.2.3     Managing and monitoring accounts or transactions related to you, and facilitating the provision of services, including answering inquiries, receiving requests and questions, transaction notifications, and product and/or service maturity notifications;
     2.2.4     Proceeding in accordance with your requests and/or orders, such as processing requests regarding credit limits and loans, processing requests and/or transactions related to you, or requests regarding the use of services or products, responding to your questions or suggestions, or taking corrective actions based on your complaints, which includes recording still images, moving images, audio, and/or any similar actions to enable us to execute your orders efficiently and/or to serve as evidence of such execution;
     2.2.5     Processing payments or transactions, managing fee collections, refunds, recording related payments, issuing invoices, tax invoices, payment receipts, and delivering such documents, or account reconciliation activities, including activities concerning the procedures of escrow agents, agents/authorized representatives regarding payment and repayment procedures;
     2.2.6     Sending letters or documents related to services (such as PIN codes, alert messages, and notices regarding bondholders' meetings); and/or
     2.2.7     Providing technical assistance and resolving technical issues.

2.3     Legitimate Interests of Funding Societies: we will process your data under the legitimate interest basis, taking into account the benefits of us or third parties balanced against your fundamental rights in personal data, which include:
     2.3.1     Managing the business affairs of group companies, such as supervising, auditing, managing operational and business risks, internal management, financial and accounting management, auditing, managing services related to Funding Societies' products or
services, information technology and cybersecurity management, procurement management, human resource management, setting business guidelines and strategies, planning and allocating personnel, debt restructuring and customer risk management, monitoring, preventing, and investigating fraud, money laundering, terrorism, misconduct, or other crimes, which includes checking the credibility of any person related to Funding Societies' customers, which may occur even when not explicitly mandated by law enforcement or regulatory officers. This includes identifying you to prevent such crimes;
     2.3.2     Managing claims and disputes, filing lawsuits, and conducting related legal proceedings, such as pursuing outstanding debts owed to us, recovering funds, reclaiming assets, and managing your account as appropriate to your situation, which may include exercising legal rights to demand payment and collect outstanding debts from service-related accounts;
     2.3.3     Managing the relationship between you and us, such as taking care of and facilitating your needs, evaluating satisfaction, segmenting customers, managing complaints, and coordinating with relevant individuals, which includes recording still images, moving images, and/or audio, and/or any similar actions to enable us to manage the relationship efficiently and/or to improve our services;
     2.3.4     Preventing and reporting criminal offenses, and establishing safety and security for us to use as references and evidence related to claims or litigation;
     2.3.5     Improving our products and services, such as data analysis to enhance the efficiency of products, services, and appropriate benefits, data analysis to increase business opportunities, surveying customer satisfaction to improve service delivery, as well as presenting appropriate products, services, and benefits to you;
     2.3.6     Operating for the business continuity of Funding Societies and its group companies;
     2.3.7     Analyzing, researching, planning, and compiling statistical data, such as data analysis, assessments, inquiries, and preparing reports on our products and/or services;
     2.3.8     In the event of a sale, transfer, merger, restructuring, or similar events, we may transfer your personal data to one or more third parties as part of that transaction;
     2.3.9     Maintaining and updating the customer list (including your personal data) and storing contracts and related documents in which you may be referenced;
     2.3.10     Supervising Funding Societies' information technology operations, communication system management, information technology security operations, and information technology security audits, administration, operations, task monitoring, auditing, and managing our websites and platforms to facilitate and ensure correct, efficient, and secure performance;
     2.3.11     Providing various conveniences to you on our websites and platforms, improving layouts and content on our websites and platforms to enable your access to existing systems, and providing technical assistance; and/or
     2.3.12     Preventing security risks, such as checking network activity logs to investigate security incidents, conducting security audits, and preventing potential harm to data, fraud, deception, or illegal activities and other activities that may link to data maintenance.

2.4     Purposes Based on Your Consent: in certain cases, we may request your consent to process your personal data for purposes such as:
     2.4.1     Contacting you to provide financial advice and present information about our products, services, and benefits that you might be interested in;
     2.4.2     Communicating, announcing news, and providing information about other products and services of Funding Societies and/or its affiliates and business partners;
     2.4.3     Preparing marketing materials for the Company; and/or
     2.4.4     Carrying out other operations that require your consent.

2.5     Purposes Under Other Legal Bases: in addition to the above legal bases, Funding Societies may process your personal data under the following legal grounds:
     2.5.1     Preparing historical documents or archives for the public interest, or for purposes relating to research or statistics;
     2.5.2     Preventing or suppressing a danger to a person's life, body, or health; and/or
     2.5.3     It is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the competent officer.

Funding Societies may employ technologies currently available or to be developed in the future to  collect, use, or disclose your personal data according to the purposes stated above. This includes, but is not limited to, Artificial Intelligence (AI), Generative AI Usage (such as AI Chatbot technology), and Cloud Computing, etc.

3. USE OF COOKIES
We use cookies for a number of purposes, you may find additional details of use of cookies in our
Cookies Policy.

2.7     Recommendations and your preferences settings: we collect information about your settings preferences such as our Services that you may be interested to modify our advertisement, adjust your personal experience to recommend Services which we believe may be of interest to you. In addition, we may use social media to display online advertisement and special offers. In some cases, we may offer Services tailored to your interest and clickstream/online website history (including our company website);

2.8     Improvement of our Services: to improve our existing market efficiency, to improve ways of offering our Services, to analyze data for system improvement (e.g. to develop a model of customer segmentation for enhanced efficiency in provision of our Services), to analyze data for improved business opportunities, to inspect bill or invoice and random welcome letter for accuracy improvement, to improve and solve problems to existing Services and develop new products and services, to conduct customer satisfaction surveys for service improvement, to examine which parts of our online channels you visit and other online channels you interact with or which aspects of online channels you find most useful, to evaluate user interface and experiences, to test features or functionalities (Debug) and error repair, to analyze the use of our online Services, to configure and improve website efficiency and improve your experience on platform use, to recognize your login in browser and device that you use, to identify and solve problems to existing Services and to carry out qualitative development of data;

2.9     Risk assessment: to assess risks based on your profile and information obtained to determine eligibility for Services, to evaluate your application or eligibility for Services (such as to conduct credit scoring for issuance of crowdfunding debenture and approve your application for loans, to understand your objectives of loan application, business transaction, title loans and your source of income). In addition, to carry out risk assessment based on repayment capacity, to conduct an on-going risk assessment, to conduct data analysis to protect company from potential risk (e.g. develop a model to assess potential of non-performing loan (NPL) or assess potential of accidents) to control risk of the company, to verify and record of verification and credit risk records;

2.10     Protecting interest of the company: to protect security and stability of the company, to exercise legal rights and protect company interest, as and when necessary such as prevent fraud risk, and resolve fraudulent activities and to conduct fraud risk assessment, to find, detect fraudulent activities, to make a legal claim of intellectual property infringement or bringing any legal claims, to manage and to prevent property loss, to conduct and verify against Sanction List, to manage risks, to conduct an internal audit process and record, to manage assets and systems, to control other business, to prevent and protect security for life, body, health, to investigate and verify compliance with terms and conditions of the company, to monitor incident, to protect and report criminal fault and to bring security and stability to the company, to make references and used as evidence for legal claims or legal proceedings;

2.11     Proceedings for legal purposes: such as to comply with law, legal proceedings or government authorities' orders which may include orders from government authorities inside and outside Thailand, and/or cooperate with court, regulators, government authorities and law enforcement bodies when we reasonably believe that we are legally required to do so, to maintain record keeping and resolve complaints and disputes, to process data for activities and process result of activities and to report credit result and to supervise and carry out tax reporting and to disclose for review/audit purpose;

2.12     Managing websites and platforms: to operate information technology, to manage communication systems, to implement information technology security and inspect information technology security, to maintain, use, follow up, inspect, and manage websites and platforms, to facilitate and ensure the accuracy, efficiency and security of websites and platforms, to facilitate you when you access our websites and platforms, to improve platforms layouts and content and to enable you to access our existing system and to provide technical support to you;

2.13     Corporates transactions: in the event of sale, transfer, merger, reorganization, or similar event, to disclose and transfer your personal data to one or more third parties as part of that transaction;

2.14     Protecting vital interest: to prevent or suppress a danger to a person’s life, body or health; and

2.15     Preventing security risk: to inspect network logging records, to inspect security incidents, to perform security inspections, to prevent damage to data, fraudulent action or deception or illegal activities including activities relating to data maintenance.

Funding Societies may not be able to provide Services or take steps if you do not provide us with the personal data required to be collected for the performance of a contract or for the purposes of legal compliance.

3. USE OF COOKIES

We use cookies for a number of purposes, you may find additional details of use of cookies in our Cookies Policy.

4.  DISCLOSURE OF PERSONAL DATA

Your personal data held by us shall be kept confidential at all times. However, in order to provide you with effective and continuous Services subject to any laws, regulations and guidelines and for the
Permitted Purpose, Funding Societies may disclose your personal data to the following entities:

4.1 Funding Societies’ subsidiaries, affiliates, group of companies and holding companies;
4.2 our directors, executives, employees, staff, professional advisers, contractors, service providers, debt collection agencies and our other agents with whom we have contractual agreements for
some of our functions and Services such as such as IT service provider, payment platform provider, analytics service provider, research agencies, survey agencies, marketing agencies, advertisement service providers, legal service provider, telecommunications service providers, marketing service providers;
4.3 National Credit Bureau, credit reporting agencies, credit reference agencies and/or rating agencies;
4.4 financial service providers in relation to the Services that you have with us;
4.5 any actual or potential participants or assignee or transferee of our rights and/or obligations under any contract and transaction between us and you;
4.6 any guarantor or security provider for the Services granted by us to you;
4.7 any authorities or regulators, including foreign regulators for the performance of their functions, or any party as required by any law or any government, quasi-government, administrative, court or tribunal;
4.8 strategic/business partners with whom we have a relationship for specific Services;
4.9 any person connected to the enforcement or preservation of any of our rights under your agreements with us; and/or
4.10 any party authorised and/or consented by you.

5. RETENTION OF PERSONAL DATA

We will retain your personal data during the course of our products and Services and for the length of time needed to fulfil any of the Permitted Purposed or our obligations, or to comply with applicable laws and regulations, and for the purpose of proving legal rights.

6. YOUR RIGHTS

As a data subject, you have the following statutory rights under the Act:

6.1 Right to withdraw consent;
6.2 Right to access and request a copy of your personal data or to request us to disclose how we obtain such personal data to which you have not given consent;
6.3 Right to receive, send and transfer your personal data;
6.4 Right to object to the collection, use or disclosure of your personal data;
6.5 Right to delete, remove, destroy or anonymise your personal data;
6.6 Right to restriction of processing of personal data;
6.7 Right to rectification; and
6.8 Right to lodge a complaint with the Personal Data Protection Committee the event that we do not comply with the Act or any notifications issued by virtue of the Act.

You may contact us to exercise your right, by writing to us or email your request to us at [email protected] setting out your name and identity/passport, number/company
registration number, the details of your request, together with the supporting documents. We reserve the right to charge an appropriate fee for such operations if the request is found to be manifestly unfounded, repetitive, or excessive as permitted by law.

7. CROSS BORDER DATA TRANSFER

We may disclose and transfer your personal data to cloud platforms or servers located abroad to receive information technology support or for legal purposes.

By using the website and those of our partners or any website we link through to, you agree that your personal data may be processed in or transferred to other countries such as Singapore, Malaysia and Indonesia and other countries. When it is necessary for us to transfer your personal data to a third country with a level of data protection standards not equivalent to Thailand, we will ensure that an adequate degree of protection as prescribed by the Personal Data Protection Committee is afforded to the transferred personal data.

8. CONTACT US

Any queries about this Privacy Notice, please contact us at:
FS Siam Co., Ltd. / FS Capital Co., Ltd. / FS Holding Co., Ltd.
Email: [email protected]
Address: No. 29 Vanissa Building, 24th Floor, Room No. 2412 & 2414, Soi Chidlom, Ploenchit Road,
Lumpini Sub-district, Pathumwan District, Bangkok 10330

9. CHANGE TO THE PRIVACY NOTICE

Please note that we may modify or update this Privacy Notice from time to time, and we will inform the updated Privacy Notice via posting on our website. You are advised to periodically view our website for any updates or the most current version of our Privacy Notice.