Privacy Notice

We, FS Siam Co., Ltd. and FS Capital Co., Ltd. (collectively referred to as “Funding Societies”), as the data controller respect your personal data who collects, processes, uses, maintains 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 (“Services”). We strive to ensure that your personal data is protected under Personal Data Protection Act B.E. 2562 (“Act”). The security of your personal data is important to us and we shall maintain appropriate physical, technical and organisational measures needed to ensure the security and confidentiality of your personal data. This privacy notice (the “Privacy Notice”) outlines how Funding Societies collects, processes, uses, maintains and discloses 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 right before you consent and agree to the use of our Services.

1. COLLECTION OF PERSONAL DATA

You may be asked, may have supplied and may continue from time to time, to provide any information, including but not limited to the following information or types of personal data, from the various sources and pursuant to the Act as stated in detailed below:

1.1          Types of Personal Data

(a)  Identification data:

Title, first name, middle name, last name, first name abbreviation, nickname, alias, age, date of birth, gender, height, weight, marital status, nationality, country of birth, citizenship status, military status and details, 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, driver's license number, passport number, foreigner registration number, government officer card, household registration) occupation, employment status, position and year’s experience.

(b)  Financial Data:

Main source of income, financial document or certification issued by employer, additional source of income, bank account details, bank statement, copy of credit card, 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:

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:

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:

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:

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:

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 an informed consent in accordance with this Privacy Notice;

(h)  Social relationship Data: 

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:

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;

(j)    Sensitive Data:

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 data directly from you both via branches or offices, either online or offline channels, or long distance services (e.g. telephones, mobile applications, and other promotional and marketing channels) from the following sources

(a)   From sources other than through our Services channels:

We may collect your data from other sources such as when you contact us before carrying out transactions, applying for products and Services, requesting for pitching documents or proposals, participating in transactions or entering into contracts (regardless of the channels through which the contacts are made and personal data is given such as through our branches, electronic platforms, online social networks or other similar interaction platform) and information from data room with respect to transactions including any Interaction Data, Views and opinion Data and other data you may have with us as specified in Clause 1.1

(b)   Other sources

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

1.3          Collection of Data pursuant to the Act

For collection of personal data as specified in the Clause, Funding Societies shall collect, process, use, maintain and disclose your personal data pursuant to the Act for (1) to perform contract obligations and/or perform transaction with you; (2) to allow us to meet our legal obligations; (3) to pursue our and others’ legitimate interests; (4) To prevent or suppress a danger to your life, body, or health; and/or (5) to perform a task for public interest, to exercise official authority 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

2. USE OF COOKIES

We use cookies for a number of purposes, including but not limited to, storing your preference for certain types of information or products, for further analysis to provide Services to you, to improve our Services and/or to personalize our Services to you. You may adjust the settings on your browser and/or mobile device so that you will be notified when you receive cookie or other similar tracking tools. Please refer to your browser documentation to check if the tracking tools have been enabled on your computer and/or mobile device or to disable cookies if you do not wish to have information collected via the use of cookies.

You have the choice, at any time, not to provide your personal data to us, however failure to provide your personal data to us may result in Funding Societies being unable to provide you with our Services.

3. USAGE OF PERSONAL DATA

During the course of our service, we may utilise, process and/or disclose your personal data for the following purposes (“Permitted Purpose”):-

3.1          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

3.2          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, 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 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;

3.3          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.

3.4          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, 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.

3.5          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).

3.6          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.

3.7          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)

3.8          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.

3.9          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.

3.10       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.

3.11       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, and when disclosing your personal data is strictly necessary to fulfill the said legal contract, legal obligations, legitimate interest, proceedings, government orders, our and our affiliates' codes of conduct and internal policies; to exercise our rights or defend against legal claims ( including to collect outstanding or overdue payment, to carry out public auction, to recover an overdue accounts), 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.


3.12       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.

3.13       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.

3.14      Protecting vital interest:

To prevent or suppress a danger to a person’s life, body or health.

3.15       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.

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’ agents, holding companies, subsidiaries and  affiliates;

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 oft heir 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

6.1       Right to Withdraw Consent

The consent that you have provided us for the collection, usage and disclosure of your personal data shall remain valid until such time it is being withdrawn by you in writing. You have the right to withdraw your consent at any time by giving a written instruction to us, unless the nature of consent does not allow such withdrawal.

We note that the withdrawal of your consent may result in our ability to provide our Services or fulfil our obligations in a satisfactory manner. In such case, we reserve our rights to take necessary actions which includes to refuse to provide or cease providing any of our Services to you.

6.2       Right to Access and
Request a Copy of Your Personal Data:

You have the right to access and request a copy of the personal data which we hold about you or to request us to disclose how we obtain such personal data that you does not give consent, unless we are entitled to reject your request according to the applicable law.

6.3       Right to Receive,
Send and Transfer Your Personal Data

You have the right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format. Also, you have the right to request us to send or transfer your personal data to another party, unless it is impossible to do so due to the technical circumstances, or we are entitled to legally reject your request. We reserve our rights to refuse such sending or transfer if (i) it is an action for public interest; or (ii) it is the action in compliance to the applicable law; or (iii) such transfer would interfere with another person’s rights (e.g. where providing the personal data we hold about you would reveal information about another person).

6.4       Right to Object the
Collection, Use or Disclosure of Your Personal Data

You have the right to object the collection, use or disclosure of your personal data for direct marketing purposes, at any time, by giving a written instruction to us, unless we have compelling legitimate ground to collect, process, use or disclose your personal data, or the collection, use or disclosure of your personal data is carried out for the establishment, compliance,  exercise legal claims. , or for the reason of our public interests.

6.5       Right to Remove or Cease Processing of Your Personal Data

You have the right to request us to delete, remove, destroy or anonymise your personal data (save for the information which is necessarily retained by us to comply with legal or regulatory requirements, storage purposes, or if there are valid grounds under the law to do so, such as legal claims etc.) from our database or to request us to cease processing all or part of your personal data by giving a written instruction to us. We will require a reasonable amount of time to process such notice.

We reserve the right to take necessary actions if we feel that such removal or cessation would not allow us to provide our Services or fulfil our obligations in a satisfactory manner. This includes our entitlement to refuse to provide or cease providing any facilities, our Services to you.

Where you have requested that we remove or cease the usage of your personal data that we have made public and there are valid grounds for such removal or cessation, we will use reasonable and cost effective steps to inform others that are displaying your personal data or providing links to the personal data to remove the same.

6.6 Right to Restrict

You have the right to request us to restrict the use of all or part of your personal data, by giving a written instruction to us, under certain circumstances, i.e. during the examination process in accordance with your request to rectify your personal data or to object the collection, use or disclosure of your personal data, or you request to restrict the use of personal data instead of the deletion or destruction of personal data.

6.7 Right to Rectification

You have the right to request us to rectify your inaccurate personal data or to update your incomplete personal data. If there are any changes to your personal data or if you believe that the personal data we held about you is inaccurate, incomplete, misleading or not up to-date, kindly write in to us or email your request to our us [email protected] 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. We shall rectify or update your personal data as soon as possible. For the avoidance of doubt, we may request information or documents from you to verify your identity and the authenticity of the request made and any other information relating to the rectifications requested.

6.8       Right to Lodge a Complaint

You have the right to lodge a complaint with the Personal Data Protection Committee or their office in the event that we do not comply with the Act or any notifications issued by virtue of the Act.


6.9       Right to Request for
Disclosure of Source of Personal Data Funding Societies Obtained from Other
Sources

In the case that Funding Societies obtained your personal data from other sources not directly from you, if Funding Societies shall use such data, Funding Societies shall notify you within 30 days from the date of receipt of such personal data (unless it is an exemption under the law). You may ask Funding Societies to disclose such source of data.

7. SECURITY

We will take reasonable efforts to protect personal data in our possession or our control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, alteration, disposal, unauthorised and unlawful loss, or similar risks. We also require our staff and third-party contractors to follow our applicable privacy standards and policies and to exercise due care and measures when using, sending or transferring your personal data.

8. 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 which may have inadequate personal data protection standards and you agree and consent that your personal data can be transferred, processed or stored in this manner and in the above-mentioned countries to the extent permitted by applicable laws.

9. ENQUIRIES AND COMPLAINTS

Any queries, requests, concerns, complaints or exercise of your rights permitted under this Privacy Notice and applicable laws regarding the use of your personal data may be raised in writing to the Data Protection Officer via the channel below:-

Attention: Data Protection Officer of FS Siam Co., Ltd. / FS Capital Co. Ltd

Email: [email protected]

Address: FS Siam Co., Ltd., Spring Tower FL. 11, Phayathai Rd., Thung Phaya Thai Sub-District, Ratchathewi District, Bangkok, 10400

In applying for, using or continuing to use our Services, including any other contractual relationship which you may have with us, you shall be deemed to have accepted and consented to the terms of this Privacy Notice. If you do not consent to the terms herein, kindly contact us at the above mentioned contact details.

10. 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. Your continued usage of our Services or continued relationship with us shall be deemed as acceptance of any updates, revisions or amendments made to our Privacy Notice.

11. CONSENT AND ACKNOWLEDGEMENT

If you are a corporation 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 have 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


Indonesia

Pendana
[email protected]
+62 878 2325 1976

Peminjam
[email protected]
+62 877 7873 6144

Unifam Tower, Jl. Panjang Raya
Blok A3 No.1, Kedoya Utara,
Kebon Jeruk, Jakarta Barat,
DKI Jakarta, 11520, Indonesia

Singapore

[email protected].com
+65 6221 0958

112 Robinson Road
Level 8
Singapore 068902

Malaysia

[email protected]
+603 2202 1013

Unit 15.01 & Unit 15.02, Level 15,
Mercu 3, KL Eco City, Jalan Bangsar,
59200 Kuala Lumpur

Thailand

[email protected]
+66 93 139 9721

No. 188, Spring Tower, 11th Floor,
Phayathai Road,
Thung Phaya Thai Sub-district,
Ratchathewi District, Bangkok,10400

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