Privacy Notice

This Privacy Notice shall be effective from May 25th, 2020.

Definition

“You”

means the data subjects whose personal information CMDF processes, including but not limited to investors, securities holders, website users, clients, professionals in the securities industry, employees, personnel, representatives, and any individuals involved in activities or operations related to CMDF.

“CMDF”

The Capital Market Development Fund and any company in which the Capital Market Development Fund directly or indirectly holds no less than 50% of the company’s registered capital.

“Personal Data Protection Laws”

means Personal Data Protection Act B.E. 2562 (2019) (“PDPA”) and its relevant subordinate laws, including any amendments which may be made thereto in the future.

“Personal Data”

means any information relating to a natural person, which enables the identification of such natural person, whether directly or indirectly, but not including the information of the deceased person in particular, pursuant to the Personal Data Protection Laws.

“Process or Processes or Processing”

means any operation performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure (by transfer, dissemination or otherwise making available), alignment, combination, restriction, and erasure or destruction.

“Data Controller”

means a natural person or a juristic person having the power and duties to make decisions regarding the collection, use, or disclosure of the Personal Data.

“Data Processor”

means a natural person or a juristic person who operates in relation to the collection, use, or disclosure of the Personal Data pursuant to the orders given by or on behalf of a Data Controller, whereby such natural person or juristic person is not the Data Controller.

1.General Provisions

This Privacy Notice is provided to clarify the details and methods on how CMDF handles the information that we received from you, the purposes for the collection, use, disclosure, and processing, including the retention period of such Personal Data, and your rights as the data subject. As CMDF conducts business in Thailand, the processing of your Personal Data shall therefore fall under the compliance of and is required to comply with Thailand’s Personal Data Protection Laws accordingly.

2.About CMDF

With respect to the details in relation to CMDF (Click here) CMDF will process and keep protecting your Personal Data in accordance with the details as described in this Privacy Notice.

3.The methods to collect and receive your personal data

3.1

CMDF collects and receives your Personal Data via the following methods:

Personal Data which you directly provide to CMDF: You may directly provide your Personal Data to CMDF. This case usually occurs when you contact CMDF to make enquiries, complete forms either by online or by document, apply for services or join activities, request for information, receive marketing communications, or provide comments or feedback to CMDF, etc.
CMDF อPersonal Data which CMDF automatically collect from you: CMDF may automatically collect some technical information, in relation to your devices, activities and visiting patterns and browsing history, by using Cookies and other similar technologies. For more details, please see Cookies Policy
Personal Data which CMDF receives from third parties: CMDF may, from time to time, receive your Personal Data from third parties, such as the Stock Exchange of Thailand, the Securities and Exchange Commission, issuer of securities, asset management companies, securities companies, brokers, agents, banks, service providers, job recruiters, government organizations, contracting parties and professionals, personnel of CMDF and candidates

3.2 In collecting your Personal Data, you will be informed of details set out in this Privacy Notice, including but not limited to, the lawful basis for the collection, use, disclosure and/or processing of Personal Data in accordance with the lawful purposes, or in the event that the Personal Data Protection Laws require your consent to be provided, CMDF will request for your explicit consent in order to process your Personal Data.

4.Collected Personal Data

4.1

Personal Data which CMDF collects and processes under this Privacy Notice is the Personal Data of the following categories of data subjects:

Customers and Investors, i.e., natural persons who are securities holders, website visitors, service recipients, seminar participants, and other persons who contact CMDF to request information or services from CMDF, regardless of whether such Personal Data was directly or indirectly received.
Contracting Parties, Professionals, and other persons relating to the business of CMDF, i.e., natural persons who are contracting parties or contractually related with CMDF, including business partners, sellers, suppliers, service providers, contractors, advisers, investment professionals, and other similar persons.
Personnel of CMDF, i.e., natural persons who are staff, employees, or persons who work for CMDF, directors, managers, executives, professionals, and persons who directly receive monthly salaries, wages, benefits, or any other types of compensation from CMDF, including the family members of such personnel of CMDF.
Candidates, i.e., natural persons who submit an application or details relating to their profile to CMDF, either in written or verbal form, with the purpose of applying for a job, internship/scholarship as staff or employees/interns/scholarship applicants of CMDF who are not yet chosen by CMDF, including the family members of such candidates and references.

4.2

Your Personal Data which is collected and processed under this Privacy Notice, regardless of whether such Personal Data was directly provided by you to CMDF, automatically collected from you by CMDF, or provided to CMDF by third parties, such as:

Personal Data such as first name, last name, date/month/year of birth, age, gender, identification number and copy of passport or ID card, signature, nationality, marital status, and family members information.
Sensitive Personal Datasuch as religion, criminal record, health data, health examination results, disability, and biometric data.
Contact detailssuch as address, telephone number, email, social media contact details, and details of emergency contacts.
Financial informationsuch as bank account number and information regarding various types of tax.
Information regarding the use of systems of CMDF such as information regarding the registration or subscription for using CMDF’s systems (e.g., CMDF Member system, Investor Portal system, CRM system, Prof. Link system, CMDF Registration system, etc.), user account, account profile, username, password, and PIN (if any), information displayed on account profile pages and services applying pages, information in your account profile that is edited or amended by you, information received from other accounts that CMDF has a reasonable cause to believe you are controlling, service usage information, all interests and comments you express through CMDF systems (if any), your activities participation information in CMDF systems, survey information, and information received from your communication with CMDF or CMDF’s working team.
Technical information such as the information of access to CMDF’s websites and systems, computer traffic data (Log), contact and communication information between you and other users, information from using records e.g., device indicator, computer IP address, device identification number, type of device, mobile phone network information, connecting information, geological information, browser category, system access record, information of referring application or website, use of system record, login log information, transaction log information, customer behavior information, system access statistics, access time, your searching information, the use of functions in systems, and information that CMDF collects through the use of cookies or other similar technologies.
Academic, Training, and Work Experience information such as academic and training background, academic certificate or transcript, result or ranking of points, level of education, language skills, professional licenses information, registration number, registration starting date, registration expiration date, registration renewal information, duty performance information, work starting date, information of training and tests provided by CMDF or other relevant organizations, diploma, certificate, work experiences, and monthly salaries or wages.
Other information such as photographs and/or voice recordings by means of closed-circuit television (CCTV), photographs, footage, videos, voice recordings of conversations, and purchasing tendencies of goods or services.

4.3

In the event that CMDF collected your Personal Data before the Personal Data Protection Laws come into force, CMDF will continue processing such Personal Data in accordance with the Personal Data Protection Laws and will continue to collect and use your Personal Data pursuant to the original purpose for which you have given your consent to CMDF. In case you no longer wish CMDF to collect and use such Personal Data, you may inform CMDF to request the withdrawal of your consent at any time.

5.Purposes and legal basis for collection, use and disclosure of Personal data

5.1

CMDF processes your Personal Data for the following purposes (collectively referred to as “Specified Purposes”) and under the following legal basis

Necessary for the performance of a contract which you have entered into as a party with CMDF or for complying with your request prior to entering into such a contract;
For compliance with the law by CMDF;
Necessary for the legitimate interest of CMDF, or other persons or juristic persons other than CMDF;
Necessary for the performance of a task carried out in the public interest by CMDF, or for the exercise of official authority vested in CMDF;
Necessary for the performance of a task carried out in the public interest by CMDF
For preventing or suppressing danger to life, body, or health of a person;
For the achievement of purposes related to research or statistics, for which suitable safeguard measures to protect your rights and freedoms have been implemented;
Consent which you have given to CMDF, where exceptions or legal bases specified above cannot be relied upon, or according to the cases specified in the table below. In cases where CMDF has specifically requested consent from you for any Personal Data, CMDF will process such Personal Data according to the purpose which you have been informed of and consented to, and CMDF will only process any Personal Data that constitutes sensitive Personal Data if CMDF is able to do so under the laws or has obtained explicit consent from you.

To comply with the duties under the relevant laws or regulations to which CMDF is subject.

Purposes

To comply with the duties under the relevant laws or regulations to which CMDF is subject.

In order to comply with the relevant laws, regulations and rules, as well as to perform the duties as set out in laws and regulations relevant or applicable to CMDF, including but not limited to laws on securities and the capital market, laws on taxation, laws on labor protection, laws on computer crime and Personal Data Protection Laws, of which both enforceable as of the present and to be amended or added in the future

Legal basis for processing

The use of your Personal Data is necessary to the performance of duties of CMDF in accordance with laws relevant applicable to CMDF, including complying with court orders.

To promote the development of the capabilities of personnel involved in the capital market

Purposes

To promote the development of organizations and infrastructure related to the capital market, including enhancing the competitiveness of the capital market and providing other related services, and to ensure that CMDF can deliver such services to you and others effectively.

To provide infrastructure systems for the capital market.
To offer systems, websites, or applications related to the capital market, such as FE-Data.
To provide information services and to verify and authenticate your identity for processing requests or inquiries from you.
To record photographs, video, and audio recordings of conversations as part of CMDF’s service provision.

Legal basis for processing

The use of your personal data is necessary for:

the performance of contracts in you (or the organization you represent) are a party with CMDF, or for processing your (or the organization you represent) requests prior to entering into such a contract.
the performance of duties of CMDF in accordance with laws relevant and applicable to CMDF, including complying with court orders;
The legitimate interests of CMDF or other persons or juristic persons; or
the performance of a task carried out in the public interest of CMDF, or for exercising of official authority vested in CMDF.
Achieving purposes related to research or statistics.

To promote the development of the capabilities of personnel involved in the capital market

Purposes

To promote the development of the capabilities of personnel involved in the capital market or in the regulation of the capital market, or to enhance understanding of the capital market, investment, and market development for investors, the public, relevant agencies, and organizations, and to ensure that CMDF can effectively provide such services to you and others.

To disseminate information and promote knowledge to investors through training, seminars, activities, and projects related to investment learning and capital market development, including related membership applications.
To provide education, training, and research services related to the capital market, including related membership applications.
To offer systems, websites, or applications related to the capital market, such as FE-Data.
To provide information services and to verify and authenticate your identity for processing requests or inquiries from you.
To record photographs, video, and audio recordings of conversations as part of CMDF’s service provision.

Legal basis for processing

The use of your personal data is necessary for:

the performance of contracts in you (or the organization you represent) are a party with CMDF, or for processing your (or the organization you represent) requests prior to entering into such a contract.
the performance of duties of CMDF in accordance with laws relevant and applicable to CMDF, including complying with court orders;
The legitimate interests of CMDF or other persons or juristic persons; or
the performance of a task carried out in the public interest of CMDF, or for exercising of official authority vested in CMDF.
Achieving purposes related to research or statistics.

To promote and support education, research, training, and the development of knowledge or academic work beneficial to the capital market

Purposes

To promote and support education, research, training, and the development of knowledge or academic work beneficial to the capital market, and to ensure that CMDF can effectively provide such services to you and others.

To provide funding for projects and activities related to the development of the capital market, including related membership applications.
To offer systems, websites, or applications related to the capital market, such as FE-Data.
To provide Call Center services and to verify and authenticate your identity for processing requests or inquiries from you.
To record photographs, video, and audio recordings of conversations as part of CMDF’s service provision.

Legal basis for processing

The use of your personal data is necessary for:

the performance of contracts in you (or the organization you represent) are a party with CMDF, or for processing your (or the organization you represent) requests prior to entering into such a contract
the performance of duties of CMDF in accordance with laws relevant and applicable to CMDF, including complying with court orders;
The legitimate interests of CMDF or other persons or juristic persons; or
the performance of a task carried out in the public interest of CMDF, or for exercising of official authority vested in CMDF.
Achieving purposes related to research or statistics.

To contact and communicate, marketing communications, perform data analytics and improve the services of CMDF

Purposes

To contact and communicate, marketing communications, perform data analytics and improve the services of CMDF in order to respond to your service requests, inquiries, or suggestions, and to ensure that CMDF can efficiently provide such services to you and other persons

To contact you via telephone, SMS, email, postal mail, or any other channel to inquire, inform you, or verify and confirm information about your account, or to conduct surveys and provide other relevant information related to CMDF’s operations.
To manage your relationship with CMDF.
To enhance efficiency and facilitate better service delivery to you.
For other purposes related to CMDF’s operations, such as for educational, research, statistical, or service development purposes.
To record photographs, video, and audio recordings of conversations as part of CMDF’s service provision.

Legal basis for processing

The use of your Personal Data is necessary for:

the legitimate interest of CMDF or other persons or juristic persons;
the achievement of purposes relating to research or statistic;

CMDF will send you marketing communication messages only when you subscribe to receive marketing communication or when you consent to receive marketing communication.

To contact and communicate, marketing communications

Purposes

To consider the qualification of applicants, selection of staff, employees, interns, and/or scholarship recipients (as the case may be) and to carry out any activity that may be beneficial to you including advertising, maintaining records of photographs, footages, video and audio from a conversation, publicizing news regarding recruitment, internship application, and scholarship application, as well as improving the recruitment process and workforce of CMDF;
To manage the payment of a monthly salaries, remunerations, or other benefits for you whether in accordance with contracts or any other agreements;
To comply with employment contract in which you are a party to, as well as to comply with the laws, such as collecting and maintaining records of information relating to accounting, taxation, withholding tax, labor protection, management of occupational safety, health, and environment, and managing your social security funds and provident funds;
To carry out a training session, providing equipment, facilities and welfare such as health insurance, medical expenses and employer loan;
To maintain records of illness in order to use such information for welfare management, and to verify the compliance of the human resource management regulations of CMDF

Legal basis for processing

The use of your Personal Data is necessary for:

the performance of contracts in which you are a party with CMDF or to proceed with your request before entering into such contract;
the compliance of the duties of CMDF in accordance with laws relevant and applicable to CMDF, including complying with court orders; or
the legitimate interest of CMDF or other persons or juristic persons.

To consider providing funding for projects and activities that request support from CMDF

Purposes

To consider providing funding for projects and activities that request support from CMDF, for procurement activities, and to maintain a positive working relationship between CMDF and you (or the organization you represent).

To verify information and qualifications and to carry out the process of evaluating funding requests for projects and activities, procurement by CMDF, including recording photographs, video, and audio of relevant conversations.
To provide funding for projects and activities, to purchase goods or services from you or the organization you represent, and to manage contracts between CMDF and you or the organization you represent. This includes managing the acquisition of goods or services, handling warranties, and processing payments or collections for goods, services, and related expenses (if applicable).
To manage the relationship between CMDF and you or the organization you represent.
To comply with legal requirements, such as the collection and recording of accounting and tax information.

Legal basis for processing

The use of your personal data is necessary for:

Performing contractual obligations: To fulfill the terms of a contract in which you (or the organization you represent) are a party with CMDF, or to process your (or the organization you represent) requests prior to entering into such a contract.
Compliance with legal duties: To comply with any applicable laws and regulations governing CMDF, including adhering to court orders.
Legitimate interests: To serve the legitimate interests of CMDF or of individuals or entities other than CMDF.

To implement security measures

Purposes

To implement security measures

To verify your information on the use of services for security development in relation to the use of services, management, and protection of technology infrastructure, such as the provision of WiFi services, CMDF may use your Personal Data to the extent necessary. This may include implementing encryption, arranging for random checks, and conducting accessibility testing by others for the purpose of risk management, detection, prevention, or removal of fraud or other activities that have a tendency to violate the relevant laws, regulations, procedures, or terms and conditions of CMDF.
To control access to the building and ensure the security of CMDF’s personnel, visitors, property, and other information located or stored at CMDF's buildings and premises. This includes observing and monitoring building entrances, secure locations, protected rooms, technology infrastructure, or operational information, and other premises (collectively referred to as “buildings and premises”) to prevent unauthorized entry, and to prevent, detect, and investigate any security-related incidents such as unauthorized entry, robbery, fire incidents, or physical assaults.
To record and maintain records of photos, images, and/or audio via closed circuit television (CCTV), photographs, footage, video, and voice recordings from conversations.

Legal basis for processing

The use of your Personal Data is necessary for the legitimate interest of CMDF or other persons or juristic persons.

To carry out other purposes that CMDF have notified you at the time of collection of Personal Data

Purposes

To carry out other purposes that CMDF have notified you at the time of collection of Personal Data

CMDF will notify you of any other purposes that CMDF needs to use your Personal Data apart from the specified purposes mentioned above, or when CMDF wishes to modify its former Specified Purposes or when it is necessary for CMDF to specifically obtain your consent for the processing of your Personal Data, by contacting you via the contact details given to CMDF.

5.2

As the Personal Data which CMDF will process for the Specified Purposes as stated in Clause 6.1 above relates to compliance with the laws or contracts, or is necessary for entering into a contract with you, such Personal Data is necessary for achieving the Specified Purposes. If you do not provide such Personal Data to CMDF, there may be a legal impact, or CMDF may not be able to perform its legal obligations under contracts or any other agreements entered into with you, or may not be able to enter into contracts or any other agreements with you (as the case may be). In such cases, CMDF may be required to decline to enter into contracts or any other agreements with you, or terminate the relevant services to you, either partially or entirely.

5.3

In the event that CMDF intends to use your Personal Data for a purpose not specified above, CMDF will provide an additional privacy notice to explain the use of Personal Data for such purpose. You should read such additional privacy notice along with this Privacy Notice.

6.Disclosure of Personal Data

6.1

CMDF may disclose your Personal Data under the Specified Purposes and in accordance with the laws and regulations to the following entities and persons:

CMDF and the Companies in CMDF Group, including their staff, employees, directors, managers, or personnel of CMDF as deemed relevant and necessary (on a need-to-know basis), for the processing of your Personal Data;
Government organizations and regulatory authorities according to the laws, such as the Securities and Exchange Commission, Bank of Thailand, Office of the Official Information Commission, Office of Insurance Commission, Department of Provincial Administration, Revenue Department, Department of Business Development, and Department of Intellectual Property;
Organizations requesting the disclosure of information by virtue of the laws, such as for prosecution or legal proceedings, for example, Anti-Money Laundering Office, National Anti-Corruption Commission, Royal Thai Police, Department of Special Investigation, Office of the Attorney General, and the courts;
Associations related to the capital market business in Thailand, such as the Thai Listed Companies Association, Association of Thai Securities Companies, Association of Investment Management Companies, Thai Bankers Association, Securities Analysts Association, and the Thai Investors Association;
Issuers of securities, member companies, securities companies, asset management companies, and brokerage firms;
Alliances, business partners, service providers, service recipients, and Data Processors assigned by CMDF to provide services or manage Personal Data, such as improving or maintaining the security standards of systems and technology systems, payment systems, audit, human resource management, or other services that may be beneficial to you.

6.2 The disclosure of your Personal Data to third parties shall be in accordance with the Specified Purposes or other purposes permitted by laws. If the law requires your consent, CMDF will request your explicit consent in advance.

6.3 In the event that CMDF discloses your Personal Data to third parties, CMDF will implement appropriate safeguards to protect the Personal Data that has been disclosed and to comply with the standards and duties related to the protection of Personal Data as prescribed by the Personal Data Protection Laws.

6.4 In the event that CMDF sends or transfers your Personal Data outside Thailand, CMDF will ensure that the recipient country, international organization, or overseas recipient has sufficient standards for the protection of Personal Data. In some cases, CMDF may request your consent for the transfer of your Personal Data outside Thailand, subject to the requirements under the Personal Data Protection Laws.

7.Retention Period

7.1 CMDF will retain your Personal Data for the period necessary to fulfil the Specified Purposes for which the Personal Data was processed, whereby the retention period may be changed depending on the Specified Purposes for which such Personal Data was collected and processed.

7.2 CMDF will also retain Personal Data for the period prescribed under the applicable laws, having regard to the business practices in relation to each category of Personal Data. After the aforementioned retention period, CMDF will delete such Personal Data from the storage or systems of CMDF without prior notice to you.

8.Personal Data of Minors

CMDF has no intention to serve minors as specific targeted groups. However, owing to the manner of organization, products and services of CMDF, CMDF may, occasionally, collect and process the Personal Data of the person who is under 20 years old. In such event, CMDF will comply with the Personal Data Protection Laws in relation to the processing of Personal Data of minors, including asking consent from the legal representative or guardian as prescribed by the Personal Data Protection Laws.

9.Rights of Data Subject

9.1

Right to Access

You have the right to access your Personal Data and may request CMDF to provide you with a copy of such Personal Data in accordance with the requirements under the Personal Data Protection Laws. This includes disclosing how CMDF receives your Personal Data, which is collected, used, and disclosed by CMDF without requiring your consent, to the extent permitted by the Personal Data Protection Laws.

9.2

Right to Data Portability

You have the right to obtain your Personal Data in a format that is readable or commonly used by automatic tools or equipment. You may also request CMDF to send or transfer your Personal Data to another Data Controller or to you, unless it is technically unfeasible. Your rights to data portability shall be in accordance with the requirements under the Personal Data Protection Laws.

9.3

Right to Object

You have the right to object to the processing of your Personal Data, and CMDF will consider this in cases where:

processes your Personal Data based on legitimate interests or public interests, except where CMDF can demonstrate compelling legitimate grounds, or where the processing is necessary for establishing, complying with, or defending legal claims;
processes your Personal Data for direct marketing purposes; or
processes your Personal Data for scientific, historical, or statistical research, unless it is necessary for conducting activities in the public interest of CMDF.

If you object to the processing of your Personal Data, please indicate whether you wish to delete your Personal Data or to restrict CMDF from processing such Personal Data.

10.Security for the Retention of Personal Data

CMDF have in place and/or adopt the Personal Data storage systems, which has appropriate mechanism and technique and security standard according to the Personal Data Protection Laws and the relevant regulations, including the limitation of access of your Personal Data by staff, employees and representatives of CMDF for the purpose of preventing your Personal Data from the unauthorized usage, disclosure, erasure or access

11.Link to websites, products, and services of third parties

Provision of services of CMDF may link to websites, applications, products and services of third parties, which such third parties may collect certain information in relation to the use of such service. This Privacy Notice is solely applied to the processing of Personal Data under the purpose specified by CMDF. CMDF could not be responsible for the security or privacy or any of your information collected by websites, applications, products and services of such third parties, even you click the link appeared on the service of CMDF. In this regard, you should be careful and verify the privacy notice or privacy policy of websites, applications, products and services of such third parties.

12.How to contact CMDF

If you have any questions in relation to this Privacy Notice, or would like to exercise your rights as set out in this Privacy Notice, please kindly use the forms (Personal Data Subject Rights Request Form / Consent Withdrawal Form) Additionally, you can contact CMDF using the following contact details:

Email:

cmdffund@cmdf.or.th

Telephone number:

02-009-9160

Fax number:

02-009-9999

Mailing Address:

Thailand Capital Market Development Fund

Capital Market Development Fund, Stock Exchange of Thailand Building, 93 Ratchadapisek Road, Din Daeng, Bangkok 10400

13.Applicable Law

This Privacy Notice shall be governed by and construed in accordance with Thai laws, and Thai courts shall have jurisdiction over any dispute that may arise out of or relate to this Privacy Notice.

14.Changes to this Privacy Notice

CMDF may make changes to this Privacy Notice from time to time, in order to reflect any changes to our processing of your Personal Data, and to comply with changes to the Personal Data Protection Laws or any applicable laws. In this regard, CMDF will notify you of any significant changes to the Privacy Notice through appropriate means. Nevertheless, CMDF encourages you to review the Privacy Notice for any changes from time to time.