1. INTRODUCTION
1.1 Welcome to the HappyWork platform run by HappyWork Co.,Ltd. and its affiliates
and affiliates (individually and collectively, “HappyWork”, “we”, “us” or “our”).
HappyWork takes its responsibilities under applicable privacy laws and regulations
(“Privacy Laws”) seriously and is committed to respecting the privacy rights and
concerns of all Users of our HappyWork website (the “Site”) (we refer to the Site
and the services we provide as described in our Site collectively as the “Services”).
We recognize the importance of the personal data you have entrusted to us and believe
that it is our responsibility to properly manage, protect and process your personal
data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you
in understanding how we collect, use, disclose and/or process the personal data you
have provided to us and/or we possess about you, whether now or in the future, as
well as to assist you in making an informed decision before providing us with any
of your personal data. Please read this Privacy Policy carefully. If you have any
questions regarding this information or our privacy practices, please see the section
entitled “Questions, Concerns or Complaints? Contact Us” at the end of this Privacy
Policy.
1.2 “Personal Data” or “personal data” means data, whether true or not, about an
individual who can be identified from that data, or from that data and other information
to which an organisation has or is likely to have access. Common examples of personal
data could include name, identification number and contact information.
1.3 By using the Services, registering for an account with us, visiting our website,
or accessing the Services, you acknowledge and agree that you accept the practices,
requirements, and/or policies outlined in this Privacy Policy, and you hereby consent
to us collecting, using, disclosing and/or processing your personal data as described
herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED
IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE. If
we change our Privacy Policy, we will post those changes or the amended Privacy Policy
on our website. We reserve the right to amend this Privacy Policy at any time.
2. WHEN WILL HappyWork COLLECT PERSONAL DATA?
2.1 We will/may collect personal data about you:
(a) when you register and/or use our Services or Site, or open an account with us;
(b) when you submit any form, including, but not limited to, application forms or
other forms relating to any of our products and services, whether online or by way
of a physical form;
(c) when you enter into any agreement or provide other documentation or information
in respect of your interactions with us, or when you use our products and services;
(d) when you interact with us, such as via telephone calls (which may be recorded),
letters, fax, face-to-face meetings, social media platforms and emails;
(e) when you use our electronic services, or interact with us via our application
or use services on our website. This includes, without limitation, through cookies
which we may deploy when you interact with our application or website;
(f) when you carry out transactions through our Services;
(g) when you provide us with feedback or complaints;
(h) when you register for a contest; or
(i) when you submit your personal data to us for any reason.
The above does not purport to be exhaustive and sets out some common instances of
when personal data about you may be collected.
2.2 When you visit, use or interact with our mobile application or the Site, we
may collect certain information by automated or passive means using a variety of
technologies, which technologies may be downloaded to your device and may set or
modify settings on your device. The information we collect may include, without limitation,
your Internet Protocol (IP) address, computer/mobile device operating system and
browser type, type of mobile device, the characteristics of the mobile device, the
unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile
device, the address of a referring web site (if any), and the pages you visit on
our website and mobile applications and the times of visit. We may collect, use disclose
and/or process this information only for the Purposes (defined below).
2.3 Our mobile applications may collect precise information about the location of
your mobile device using technologies such as GPS, Wi-Fi, etc.. We collect, use,
disclose and/or process this information for one or more Purposes including, without
limitation, location-based services that you request or to deliver relevant content
to you based on your location or to allow you to share your location to other Users
as part of the services under our mobile applications. For most mobile devices, you
are able to withdraw your permission for us to acquire this information on your location
through your device settings. If you have questions about how to disable your mobile
device’s location services, please contact your mobile device service provider or
the device manufacturer.
3. WHAT PERSONAL DATA WILL HappyWork COLLECT?
3.1 The personal data that HappyWork may collect includes but is not limited to:
• name;
• email address;
• date of birth;
• billing address;
• bank account and payment information;
• telephone number;
• gender;
• any other information about the User when the User signs up to use our Services
or website, and when the User uses the Services or website, as well as information
related to how the User uses our Services or website; and
• aggregate data on content the User engages with.
3.2 If you do not want us to collect the aforementioned information/personal data,
you may opt out at any time by notifying our Data Protection Officer in writing about
it. Further information on opting out can be found in the section below entitled
“How can you opt-out, remove, request access to or modify information you have provided
to us?” . Note, however, that opting out of us collecting your personal data or withdrawing
your consent for us to collect, use or process your personal data may affect your
use of the Services. For example, opting out of the collection of location information
will cause its location-based features to be disabled.
4. SETTING UP AN ACCOUNT
In order to use certain functionalities of the Services, you will have to create a user account which requires you to submit certain personal data. When you register and create an account, we require you to provide us with your name and email address as well as a user name that you select. We also ask for certain information about yourself such as your telephone number, email address, shipping address, photo identification, bank account details, age, date of birth, gender and interests. Upon activating an account, you will select a user name and password. Your user name and password will be used so you can securely access and maintain your account.
5. VIEWING WEB PAGES
As with most websites, your computer sends information which may include personal
data about you that gets logged by a web server when you browse our Site. This typically
includes without limitation your computer’s IP address, operating system, browser
name/version, the referring web page, requested page, date/time, and sometimes a
“cookie” (which can be disabled using your browser preferences) to help the site
remember your last visit. If you are logged in, this information is associated with
your personal account. The information is also included in anonymous statistics to
allow us to understand how visitors use our site.
6. COOKIES
6.1 We may from time to time implement “cookies” or other features to allow us or
third parties to collect or share information that will help us improve our Site
and the Services we offer, or help us offer new services and features. “Cookies”
are identifiers we transfer to your computer or mobile device that allow us to recognize
your computer or device and tell us how and when the Services or website are used
or visited, by how many people and to track movements within our website. We may
link cookie information to personal data. Cookies also link to information regarding
what items you have selected for purchase and pages you have viewed. This information
is used to keep track of your shopping cart, for example. Cookies are also used to
deliver content specific to your interest and to monitor website usage.
6.2 You may refuse the use of cookies by selecting the appropriate settings on your
browser. However, please note that if you do this you may not be able to use the
full functionality of our Site or the Services.
7. VIEWING AND DOWNLOADING CONTENT AND ADVERTISING
As with browsing web pages, when you watch content and advertising and access other
software on our Site or through the Services, most of the same information is sent
to us (including, without limitation, IP Address, operating system, etc.); but, instead
of page views, your computer sends us information on the content, advertisement viewed
and/or software installed by the Services and the website and time.
8. COMMUNITY & SUPPORT
8.1 We provide customer service support through email, SMS and feedback forms. In
order to provide customer support, we will ask for your email address and mobile
phone number. We only use information received from customer support requests, including,
without limitation, email addresses, for customer support services and we do not
transfer to or share this information with any third parties.
8.2 You can also post questions and answer other User questions in our community
forums. Our forum and messaging services allow you to participate in our community;
to do so, we maintain information, such as your user ID, contact list and status
messages. In addition, these and similar services in the future may require us to
maintain your user ID and password.
9. SURVEYS
From time-to-time, we may request information from Users via surveys. Participation
in these surveys is completely voluntary and you therefore have a choice whether
or not to disclose your information to us. Information requested may include, without
limitation, contact information (such as your email address), and demographic information
(such as interests or age level). Survey information will be used for the purposes
of monitoring or improving the use and satisfaction of the Services and will not
be transferred to third parties, other than our contractors who help us to administer
or act upon the survey.
10. HOW DO WE USE THE INFORMATION YOU PROVIDE US?
10.1 We may collect, use, disclose and/or process your personal data for one or
more of the following purposes:
(a) to consider and/or process your application/transaction with us or your transactions
or communications with third parties via the Services;
(b) to manage, operate, provide and/or administer your use of and/or access to our
Services and our website, as well as your relationship and user account with us;
(c) to manage, operate, administer and provide you with as well as to facilitate
the provision of our Services, including, without limitation, remembering your preferences;
(d) to tailor your experience through the Services by displaying content according
to your interests and preferences, providing a faster method for you to access your
account and submit information to us and allowing us to contact you, if necessary;
(e) to respond to, process, deal with or complete a transaction and/or to fulfil
your requests for certain products and services and notify you of service issues
and unusual account actions;
(f) to enforce our Terms of Service or any applicable end user license agreements;
(g) to protect personal safety and the rights, property or safety of others;
(h) for identification and/or verification;
(i) to maintain and administer any software updates and/or other updates and support
that may be required from time to time to ensure the smooth running of our Services;
(j) to deal with or facilitate customer service, carry out your instructions, deal
with or respond to any enquiries given by (or purported to be given by) you or on
your behalf;
(k) to contact you or communicate with you via voice call, text message and/or fax
message, email and/or postal mail or otherwise for the purposes of administering
and/or managing your relationship with us or your use of our Services, such as but
not limited to communicating administrative information to you relating to our Services.
You acknowledge and agree that such communication by us could be by way of the mailing
of correspondence, documents or notices to you, which could involve disclosure of
certain personal data about you to bring about delivery of the same as well as on
the external cover of envelopes/mail packages;
(l) to inform you when another User has sent you a private message or posted a comment
for you on the Site;
(m) to conduct research, analysis and development activities (including, but not
limited to, data analytics, surveys, product and service development and/or profiling),
to analyse how you use our Services, to improve our Services or products and/or to
enhance your customer experience;
(n) to allow for audits and surveys to, among other things, validate the size and
composition of our target audience, and understand their experience with HappyWork’s
Services;
(o) where you give us your prior consent, for marketing and in this regard, to send
you by various modes of communication such as postal mail, email, location-based
services or otherwise, marketing and promotional information and materials relating
to products and/or services (including, without limitation, products and/or services
of third parties whom HappyWork may collaborate or tie up with) that HappyWork (and/or
its affiliates or related corporations) may be selling, marketing or promoting, whether
such products or services exist now or are created in the future. If you are in Thailand,
In the case of the sending of marketing or promotional information to you by voice
call, SMS/MMS or fax to your Thailand facsimile number, we will not do so unless
we have complied with the requirements of Thailand’s Privacy Laws in relation to
use of such latter modes of communication in sending you marketing information or
you have expressly consented to the same;
(p) to respond to legal processes or to comply with or as required by any applicable
law, governmental or regulatory requirements of any relevant jurisdiction, including,
without limitation, meeting the requirements to make disclosure under the requirements
of any law binding on HappyWork or on its related corporations or affiliates;
(q) to produce statistics and research for internal and statutory reporting and/or
record-keeping requirements;
(r) to carry out due diligence or other screening activities (including, without
limitation, background checks) in accordance with legal or regulatory obligations
or our risk management procedures that may be required by law or that may have been
put in place by us;
(s) to audit our Services or HappyWork’s business;
(t) to prevent or investigate any fraud, unlawful activity, omission or misconduct,
whether relating to your use of our Services or any other matter arising from your
relationship with us, and whether or not there is any suspicion of the aforementioned;
(u) to store, host, back up (whether for disaster recovery or otherwise) of your
personal data, whether within or outside of your jurisdiction;
(v) to deal with and/or facilitate a business asset transaction or a potential business
asset transaction, where such transaction involves HappyWork as a participant or
involves only a related corporation or affiliate of HappyWork as a participant or
involves HappyWork and/or any one or more of HappyWork’s related corporations or
affiliates as participant(s), and there may be other third party organisations who
are participants in such transaction. A “business asset transaction” refers to the
purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or
financing of an organisation or a portion of an organisation or of any of the business
or assets of an organisation; and/or
(w) any other purposes which we notify you of at the time of obtaining your consent.
(collectively, the “Purposes”).
10.2 As the purposes for which we will/may collect, use, disclose or process your
personal data depend on the circumstances at hand, such purpose may not appear above.
However, we will notify you of such other purpose at the time of obtaining your consent,
unless processing of the applicable data without your consent is permitted by the
Privacy Laws.
11. SHARING OF INFORMATION FROM THE SERVICES
Our Services enable Users to share personal information with each other, in almost
all occasions without HappyWork’s involvement, to complete transactions. In a typical
transaction, Users may have access to each other’s name, user ID, email address and
other contact and postage information. Our Terms of Service require that Users in
possession of another User’s personal data (the “Receiving Party”) must (i) comply
with all applicable Privacy Laws; (ii) allow the other User (the “Disclosing Party”)
to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing
Party to review what information have been collected about them by the Receiving
Party.
12. HOW DOES HappyWork PROTECT CUSTOMER INFORMATION?
We implement a variety of security measures to ensure the security of your personal
data on our systems. User personal data is contained behind secured networks and
is only accessible by a limited number of employees who have special access rights
to such systems. We will retain personal data in accordance with the Privacy Laws
and/or other applicable laws. That is, we will destroy or anonymize your personal
data as soon as it is reasonable to assume that (i) the purpose for which that personal
data was collected is no longer being served by the retention of such personal data;
and (ii) retention is no longer necessary for any legal or business purposes. If
you cease using the Site, or your permission to use the Site and/or the Services
is terminated, we may continue storing, using and/or disclosing your personal data
in accordance with this Privacy Policy and our obligations under the Privacy Laws.
Subject to applicable law, we may securely dispose of your personal data without
prior notice to you.
13. DOES HappyWork DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS TO OUTSIDE
PARTIES?
13.1 In conducting our business, we will/may need to disclose your personal data
to our third party service providers, agents and/or our affiliates or related corporations,
and/or other third parties, whether sited in Thailand or outside of Thailand, for
one or more of the above-stated Purposes. Such third party service providers, agents
and/or affiliates or related corporations and/or other third parties would be processing
your personal data either on our behalf or otherwise, for one or more of the above-stated
Purposes. Such third parties include, without limitation:
(a) our subsidiaries, affiliates and related corporations;
(b) contractors, agents, service providers and other third parties we use to support
our business. These include but are not limited to those which provide administrative
or other services to us such as mailing houses, telecommunication companies, information
technology companies and data centres;
(c) a buyer or other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution or other sale or transfer of some or all of HappyWork’s
assets, whether as a going concern or as part of bankruptcy, liquidation or similar
proceeding, in which personal data held by HappyWork about our Service Users is among
the assets transferred; or to a counterparty in a business asset transaction that
HappyWork or any of its affiliates or related corporations is involved in; and
(d) third parties to whom disclosure by us is for one or more of the Purposes and
such third parties would in turn be collecting and processing your personal data
for one or more of the Purposes
13.2 This may require, among other things, share statistical and demographic information
about our Users and their use of the Services with suppliers of advertisements and
programming. This would not include anything that could be used to identify you specifically
or to discover individual information about you.
13.3 For the avoidance of doubt, in the event that Privacy Laws or other applicable
laws permit an organisation such as us to collect, use or disclose your personal
data without your consent, such permission granted by the laws shall continue to
apply.
13.4 Third parties may unlawfully intercept or access personal data transmitted
to or contained on the site, technologies may malfunction or not work as anticipated,
or someone might access, abuse or misuse information through no fault of ours. We
will nevertheless deploy reasonable security arrangements to protect your personal
data as required by the Privacy Laws; however there can inevitably be no guarantee
of absolute security such as but not limited to when unauthorised disclosure arises
from malicious and sophisticated hacking by malcontents through no fault of ours.
14. INFORMATION ON CHILDREN
The Services are not intended for children under the age of 10. We do not knowingly
collect or maintain any personal data or non-personally-identifiable information
from anyone under the age of 10 nor is any part of our Site or other Services directed
to children under the age of 10. We will close any accounts used exclusively by such
children and will remove and/or delete any personal data we believe was submitted
by any child under the age of 10.
15. INFORMATION COLLECTED BY THIRD PARTIES
15.1 Our Site uses Google Analytics, a web analytics service provided by Google,
Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your
computer, to help the website analyse how Users use the Site. The information generated
by the cookie about your use of the website (including your IP address) will be transmitted
to and stored by Google on servers in the United States. Google will use this information
for the purpose of evaluating your use of the website, compiling reports on website
activity for website operators and providing other services relating to website activity
and Internet usage. Google may also transfer this information to third parties where
required to do so by law, or where such third parties process the information on
Google’s behalf. Google will not associate your IP address with any other data held
by Google.
15.2 We, and third parties, may from time to time make software applications downloads
available for your use on or through the Services. These applications may separately
access, and allow a third party to view, your identifiable information, such as your
name, your user ID, your computer’s IP Address or other information such as any cookies
that you may previously have installed or that were installed for you by a third
party software application or website. Additionally, these applications may ask you
to provide additional information directly to third parties. Third party products
or services provided through these applications are not owned or controlled by HappyWork.
You are encouraged to read the terms and other policies published by such third parties
on their websites or otherwise.
16. DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES
16.1 WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION
THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures
to maintain the safety of your personal data that is in our possession or under our
control. Your personal data is contained behind secured networks and is only accessible
by a limited number of persons who have special access rights to such systems, and
are required to keep the personal data confidential. When you place orders or access
your personal data, we offer the use of a secure server. All personal data or sensitive
information you supply is encrypted into our databases to be only accessed as stated
above.
16.2 In an attempt to provide you with increased value, we may choose various third
party websites to link to, and frame within, the Site. We may also participate in
co-branding and other relationships to offer e-commerce and other services and features
to our visitors. These linked sites have separate and independent privacy policies
as well as security arrangements. Even if the third party is affiliated with us,
we have no control over these linked sites, each of which has separate privacy and
data collection practices independent of us. Data collected by our co-brand partners
or third party web sites (even if offered on or through our Site) may not be received
by us.
16.3 We therefore have no responsibility or liability for the content, security
arrangements (or lack thereof) and activities of these linked sites. These linked
sites are only for your convenience and you therefore access them at your own risk.
Nonetheless, we seek to protect the integrity of our Site and the links placed upon
each of them and therefore welcome any feedback about these linked sites (including,
without limitation, if a specific link does not work).
17. WILL HappyWork TRANSFER YOUR INFORMATION OVERSEAS?
Your personal data and/or information may be transferred to, stored or processed
outside of your country. In most cases, your personal data will be processed in Thailand,
where our servers are located and our central database is operated. HappyWork will
only transfer your information overseas in accordance with Privacy Laws.
18. HOW CAN YOU OPT-OUT, REMOVE, REQUEST ACCESS TO OR MODIFY INFORMATION YOU HAVE
PROVIDED TO US?
18.1 Opting Out and Withdrawing Consent
18.1.1 To modify your email subscriptions, please let us know by sending an email
to our Personal Data Protection Officer at the address listed below. Please note
that due to email production schedules, you may still receive emails that are already
in production.
18.1.2 You may withdraw your consent for the collection, use and/or disclosure of
your personal data in our possession or under our control by sending an email to
our Personal Data Protection Officer at the email address listed below in Section
19.2.
18.1.3 Once we have your clear withdrawal instructions and verified your identity,
we will process your request for withdrawal of consent, and will thereafter not collect,
use and/or disclose your personal data in the manner stated in your request. If we
are unable to verify your identity or understand your instructions, we will liaise
with you to understand your request.
18.1.4 However, your withdrawal of consent could result in certain legal consequences
arising from such withdrawal. In this regard, depending on the extent of your withdrawal
of consent for us to process your personal data, it may mean that we will not be
able to continue providing the Services to you, we may need to terminate your existing
relationship and/or the contract you have with us, etc., as the case may be, which
we will inform you of.
18.2 Requesting Access and/or Correction of Personal Data
18.2.1 If you have an account with us, you may personally access and/or correct
your personal data currently in our possession or control through the Account Settings
page on the Site. If you do not have an account with us, you may request to access
and/or correct your personal data currently in our possession or control by submitting
a written request to us. We will need enough information from you in order to ascertain
your identity as well as the nature of your request so as to be able to deal with
your request. Hence, please submit your written request by sending an email to our
Personal Data Protection Officer at the email address listed below in Section 19.2.
18.2.2 For a request to access personal data, once we have sufficient information
from you to deal with the request, we will seek to provide you with the relevant
personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where
we are unable to respond to you within the said 30 days (or, if you are resident
in Malaysia, 21 days), we will notify you of the soonest possible time within which
we can provide you with the information requested. Note that Privacy Laws may exempt
certain types of personal data from being subject to your access request.
18.2.3 For a request to correct personal data, once we have sufficient information
from you to deal with the request, we will:
(a) correct your personal data within 30 days (or, if you are resident in Malaysia,
21 days). Where we are unable to do so within the said period, we will notify you
of the soonest practicable time within which we can make the correction. Note that
Privacy Laws may exempt certain types of personal data from being subject to your
correction request as well as provides for situation(s) when correction need not
be made by us despite your request; and
(b) we will send the corrected personal data to every other organisation to which
the personal data was disclosed by us within a year before the date the correction
was made, unless that other organisation does not need the corrected personal data
for any legal or business purpose.
18.2.4 Notwithstanding sub-paragraph (b) immediately above, we may, if you so request,
send the corrected personal data only to specific organisations to which the personal
data was disclosed by us within a year before the date the correction was made.
18.2.5 We will/may also be charging you a reasonable fee for the handling and processing
of your requests to access your personal data. If we so choose to charge, we will
provide you with a written estimate of the fee we will be charging. Please note that
we are not required to respond to or deal with your access request unless you have
agreed to pay the fee.
18.2.6 We reserve the right to refuse to correct your personal data in accordance
with the provisions as set out in Privacy Laws, where they require and/or entitle
an organisation to refuse to correct personal data in stated circumstances.
19. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US
19.1 If you have any questions or concerns about our privacy practices or your dealings
with the Services, please do not hesitate to contact: hello@happyworkapp.com
19.2 If you have any complaint or grievance regarding how we are handling your personal
data or about how we are complying with Privacy Laws, we welcome you to contact us
with your complaint or grievance.
Please contact us through email with your complaint or grievance:
E-mail: dpo@HappyWork.com and Attention it to the “Personal Data Protection
Officer”.
Please send all legal notices to legal@HappyWork.com and Attention it
to the “General Counsel”.
19.3 Where it is an email or a letter through which you are submitting a complaint,
your indication at the subject header that it is a Privacy Law complaint would assist
us in attending to your complaint speedily by passing it on to the relevant staff
in our organisation to handle. For example, you could insert the subject header as
“Privacy Complaint”.
We will certainly strive to deal with any complaint or grievance that you may have
fairly and as soon as possible.
20. TERMS AND CONDITIONS
Please also read the Terms of Service establishing the use, disclaimers, and limitations
of liability governing the use of the Site and the Services and other related policies.
