Privacy Notice

We, FS Siam Co., Ltd. and FS Capital Co., Ltd. (collectively referred to as “Funding Societies”, “Company”, “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 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 condition 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 to 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, first name abbreviation, 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 installment and period of residence), 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. main source of income, financial document or certification issued by employer, additional source of income, bank account details, bank statement, credit card number, expiry date, 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, code identified device, 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 you registration and use on Funding Societies’s website including the account registration with Funding Societies’s 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 demonstrate 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 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 have not been acknowledged that we have collected personal data of minors 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 your life, body, or health; to perform a task for public interest; to exercise 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     Provision of the products and services:  to support and facilitate your application for products and Services, credit approval process, to provide assistance and interact with you regarding the Services, to provide customer service, to manage and maintain your accounts/facilities (including, but not limited to respond to your queries, to handle complaints and queries and/or resolving disputes), to process and pass on your investment data to the issuer of crowdfunding debentures for issuance of documents and investment record relating to your investment as prescribed under applicable laws, to process and pass on your lending request data to our partner in accordance with performance of contractual obligations and other legitimate interest, to evaluate any financial information, financial status, financial need as well as to evaluate your creditworthiness for our Services, to maintain your credit history for present and future references, or to provide you with the information on our and third-party products and services;

2.2     Identity verification: carry out the processes and steps of customer identification in the Know Your Customer (KYC) procedure or Customer Due Diligence (CDD), to check the data or to conduct background checks in relation to Notification of Capital Market Supervisory Board Tor Jor. 21/2562 (as amended), and prevention of offenses under the Anti-Money Laundering Act B.E. 2542 (as amended) and Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing Act B.E. 2549 (as amended) and other relevant anti-money laundering law, and for allowing you to access your accounts, verification, affirmation, and for verification your identity and your signature, to verify your location and to record your personal identification security question for mobile applications or websites;

2.3     Transactions and/or payments processing: to proceed with payment or transactions, to manage and collect fees, to calculate, to deduct, to refund or to perform account clearing or reconciliation activities including procedure with escrow agent, our agent/representative relating to payment and repayment process and any other financial activities including carrying out transactions, to keep payment records, to issue invoice or tax invoice or payment receipt and to deliver such documents;

2.4     Communications and relationships management: to inform you results of your investment, application for obtaining Services, to contact you via channels for delivering letters or documents (e.g. welcome letter, PIN number, newsletter, notification, debt collection letter and message relating to debentureholders’ meeting) and tracking postal delivery status, notification with respect to collaterals value that you can reclaim, to provide technical support and solutions to you, to update your data, to provide support relating to Services, to handle your complaint, to respond and perform action according to your request and in connection with our Services offered or provided by us and for account management and relationship management;

2.5     Debt collection: to collect outstanding or overdue payment by debt collection service provider, to reimburse money, to track and return asset, or to regain assets from you and to manage your account as appropriate to your situation (including exercising our legal right for debt collections and recoveries on overdue accounts relating to our Services);

2.6     Advertising and marketing: to provide you with promotion, special offers and privileges (including, but not limited to offering discounts), to provide award and/or lucky draw campaign or any other collaborative marketing campaign or business partner campaign and direct advertising or one-to-one marketing, to display online advertisements, to provide offers or promotions tailored to the target customer, to process and manage your account and activities, to strategize and devise digital marketing plan, to manage social media relationship, to conduct market analysis and research , marketing research and assess or improve of market efficiency, to inform and update on social media regarding marketing campaign and update on our communications, announcements, news and or other form of information on our Services including advertising and reward from us, affiliates and our business partner, other related communications from agency;

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, including Funding Asia Group, Funding Societies, Pte. Ltd. and FS Technologies Pte. Ltd., and ;

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 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 with 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.

We may retain your personal data following the closure or termination of our Services with you for the period of 10 years.

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 that you does not give consent;

6.3 Right to receive, send and transfer your personal data;

6.4 Right to object 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 thailand@fundingsocieties.com setting out your name and identity/passport, number/company registration number, the details of your request, together with the supporting documents. A fee may be charged for this service.

7. CROSS BORDER DATA TRANSFER

Your personal data will predominantly be stored and back-up in Thailand as a first choice preference. However, Services on the web are accessible globally so collection and transmission of personal data is not always confined to one country since we may need to disclose or transfer your personal data to Cloud platforms or servers located overseas, to provide information technology support outside of Thailand, or transfer to other third parties for lawful purpose and some recipients of your personal data are located in another country. 

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 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.

Email: thailand@fundingsocieties.com

Address: Spring Tower FL. 10, Phayathai Rd., Thung Phaya Thai Sub-District, Ratchathewi District, Bangkok, 10400

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.