At the Malaysian-Thai Chamber of Commerce (“MTCC”), we value your privacy and are committed to safeguarding the personal information that you have entrusted us with. MTCC has formulated this privacy policy (this “Policy”) to inform you, as a data subject, of the objectives and details for collection, use and/or disclosure of personal data, including your legal rights.
References
Any reference in this Policy to “we”, “us” or “our” refers to the Malaysian-Thai Chamber of Commerce.
Also, references to “you” or “your” are references to the persons to whom this Policy will apply to as stipulated in Section 1.1 below.
This Policy was last updated on 1 August 2022.
1. To whom will this Policy apply, and what are channels for personal data collection?
1.1. To whom will this Policy apply?
This Policy shall apply to the following types of persons:
| Type of person under the Policy | Details and examples |
|---|---|
| 1. Members of MTCC (both past and present) (“Member(s)”) | Members of MTCC (both past and present) such as:
For avoidance of doubt, corporate ordinary members and corporate associate members shall collectively be referred to as the “Corporate Members” |
| 2. Individuals having involvement in the administration and organization of the Corporate Members (“Personnel of Corporate Members”) | Individuals having involvement in the administration and organization of the Corporate Members such as:
|
| 3. General individuals | General individuals such as:
|
1.2 Channel for collection of personal data
MTCC may collect your personal data via the following channels:
- The personal data that you give directly to or through MTCC, or held by MTCC by your use of our platform, contact, visit, joining activities and/or MTCC’s contact channels such as office, website, application, social media account of MTCC (such as Facebook and LINE), email, telephone, facsimile, postal mail, questionnaire, name card, meeting, seminar, event, recreation, marketing activity, contact or any other channel; and/or
- The personal data received or accessed by MTCC from other sources, such as other chambers of commerce, association and/or business partners, MTCC’s past and present Members conducting activities with MTCC, social media, online platform of third party, government agencies, public data sources (such as Government Gazette), a person having legal authority or legal right, any other person or agency with which MTCC has a legal relationship, etc.
2. Which personal data does MTCC collect, use, and/or disclose?
2.1 Personal data is the data that can directly or indirectly identify you and they are as follows:
| Type of data | Examples of data that MTCC collects, uses and/or discloses |
|---|---|
| Personal information |
|
| Contact information |
|
| Financial data |
|
| Work information |
|
| Technical information |
|
| Proprietorship data |
|
| Other information |
|
2.2. Sensitive Personal Data
“Sensitive Personal Data” means personal data which is specifically determined by law. MTCC has no intention to collect Sensitive Personal Data from you.
In certain cases, however, MTCC may need to collect Sensitive Personal Data from you for providing services, access to resources and/or activities to you, for example, data on criminal record, political and religious beliefs, etc. In such cases, except as permitted by law, MTCC shall only collect, use and/or disclose the Sensitive Personal Data provided that MTCC has been given explicit consent by you. This shall be undertaken on a case-by-case basis when MTCC is required to collect Sensitive Personal Data from you.
Unless specifically stated otherwise, personal data and Sensitive Personal Data as earlier mentioned shall hereinafter be collectively referred to as “Personal Data”.
2.3. Personal Data of any other third party
If you provide Personal Data of any other third party who is a Personnel of Corporate Members and/or who has involvement with you to MTCC such as shareholders, directors, authorized persons, reference persons, emergency contact persons and/or any other person, etc., please inform those persons of the details under this Policy and request their consent, if necessary, or apply other lawful bases to ensure that MTCC can collect, use and/or disclose Personal Data of the aforementioned third party.
3. What are the objectives of collection, use and/or disclosure of your Personal Data?
MTCC will collect, use and/or disclose your Personal Data only as necessary for fulfillment of MTCC’s legitimate objectives and under the following lawful bases:
- Achievement of purposes relating to research or statistics, for which suitable safeguard measures to protect your rights and freedom have been implemented;
- Necessity for the performance of a contract which you have entered into as a party with MTCC or for complying with your request prior to entering into such contract;
- Necessity for the performance of a task carried out in the public interest by MTCC, or for exercising of official authority vested in MTCC;
- Necessity for the legitimate interest of MTCC, or other persons or juristic persons other than MTCC, except where such interests are overridden by your fundamental rights regarding your Personal Data;
- Compliance with the law by MTCC; and
- Preventing or suppressing danger to life, body or health of a person.
Objectives for collection, use and/or disclosure of Personal Data under this Policy are as follows. Some of the following objectives may or may not apply to you. Please consider the objectives in accordance with your relationship with MTCC on a case-by-case basis.
3.1. Objectives requiring consent
In the case that consent is required by law, or that MTCC has no legal basis for collection, use and/or disclosure of your Personal Data, MTCC will ask for your consent prior to collection, use and/or disclosure of your Personal Data. For the following objectives, MTCC shall only collect, use and/or disclose your Personal Data once the consent is obtained:
- Verification involving Sensitive Personal Data;
- Formal screening of application for new membership involving Sensitive Personal Data (if any); and
- Direct marketing through, e-mail, telephone, short message (SMS), or other communication channels (other than those specified in Section 3.2 (f) and (g) below).
3.2. Objectives requiring other lawful bases other than consent
By relying on the above lawful bases, MTCC may collect, use and/or disclose your Personal Data for the following objectives:
- to carry out our obligations arising from any request and/or contracts entered into between you and us;
- to provide you with information and/or any other data related to MTCC services, resources and/or activities that you request from us;
- to manage our contractual relationship with you, including request and/or contractual activation, coordination of financial transaction related to the request and/or contractual payment, to process on receipt, invoice, and other issuance of transactional documentaries, to support and perform other activities regarding our services, resources and/or activities;
- to notify you about changes to our services, resources and/or activities;
- to register, verify, identify, and authenticate your identity;
- consideration of Members’ groups for sending them invitation to join activities;
- facilitation for joining activities (such as registration for event);
- Analysis, research, marketing research, conducting statistical data including those for development, improvement of MTCC in achieving its objectives, i.e. promoting and developing economic relations between Malaysia and Thailand and strengthening the bilateral cooperation between both countries, business partners and/or other juristic persons for MTCC’s internal use;
- Management and internal audit within MTCC;
- Maintenance of security systems;
- Administration and management of your membership;
- Compiling Members’ database or recording data in the system or database;
- Notification of debt payment;
- Debt collection;
- Maintain legitimate benefits (such as publication of photos, video and/or audio clips of activities for the purpose of promoting and improving cooperation and business relations development between Malaysian business people in Thailand and the region);
- Satisfaction survey and assessment after attending to MTCC activities;
- Litigation or other legal processes;
- Participation, coordination and/or assignment of work to another person to perform on behalf of or in collaboration with MTCC (such as for design of services and/or activities, design of process or support of the delivery of and/or performance of services and/or activities, and/or the relevant third-party service providers as stipulated in Section 4);
- Management of complaints or management of incidents;
- Customization of the MTCC’s website, application, and IT systems;
- IT operation, communication system management and prevention, response and mitigation of IT risk and cyber threats; and
- Compliance with any relevant laws and regulations.
If MTCC intends to use your Personal Data for an objective not specified above, MTCC shall provide an additional privacy policy/notice to explain the use of Personal Data for such purpose. You should read such additional privacy policy/notice along with this Policy.
Providing your Personal Data to us is voluntary. If you do not provide MTCC with your Personal Data for the objectives as stated above, MTCC might not be able to offer products, relevant services, or privileges to you.
4. To whom will your Personal Data be disclosed?
Under your consent or lawful bases stipulated by law, MTCC may disclose your Personal Data to a third party. Persons or agencies receiving such Personal Data will collect, use and/or disclose your Personal Data within the scope for which you have given consent, or within the objectives specified in this Policy.
Third parties may include third-party service providers that process data on our behalf (e.g. IT support, printing company who assist in printing of all relevant documents of MTCC, other event organizers, payment processors in relation to fees related to membership, renewal of membership and/or registration for participation in activities, payment service providers, research agencies, analytics service providers, survey agencies, marketing and advertising agencies, logistics service providers), professional advisors (e.g. legal consultants, technicians, financial advisors, and auditors who assist in running our business and defending or bringing any legal claims), and government authorities, courts and any other legal or regulatory entity. Third-party service providers are permitted to process your personal data for specified purposes and in accordance with our instructions and the objectives as stated in this Policy only.
When MTCC uses the services of the third-party service providers, MTCC shall ensure that such service providers follow the applicable laws and that your Personal Data will be protected by the appropriate technical and organizational measures.
5. Will MTCC send or transfer your Personal Data to other countries?
Within the scope of the objectives as stated in this Policy and in compliance with the personal data protection law, the Personal Data you provide may be transferred to other recipients located overseas that may not have similar protections in place regarding your Personal Data and restrictions as set of by the personal data protection law and relevant laws set forth by the data protection authority in Thailand. However, MTCC will take steps and measures to ensure that your Personal Data is securely transferred and that the recipients have in place an appropriate level of protection standards. MTCC will request your consent where consent to cross-border transfer is required by law.
6. Use of cookies and/or technologies of similar nature
MTCC website may use cookies and/or other similar technologies to distinguish you from other users of our website. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer, if you agree. Cookies contain information that is transferred to your computer’s hard drive. The information we obtain from our use of cookies will not usually contain your Personal Data.
Using cookies enables us to provide you with a good experience when you browse our website and also allows us to improve our website. Suppose you visit our website when your browser is set to accept cookies. In that case, we will interpret this as an indication that you consent to our use of cookies and other similar technologies described in this Privacy Policy. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our website.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and see how visitors move around our website when using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited, and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose to which you consented.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
7. Other websites’ Privacy Policy
MTCC’s website may contain links to enable you to visit other third parties’ websites of interest easily. However, once you have used these links to leave the MTCC’s website, you should note that MTCC does not have any control over the nature, content and/or availability of those other websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Therefore, MTCC cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by this Policy. You should exercise caution and look at the privacy policy/notice applicable to the websites in question.
8. How long does MTCC keep your Personal Data?
MTCC will keep your Personal Data during the period you are a Member or have a relationship with MTCC, or throughout the period required in order to achieve the related objectives of this Policy. Once your relationship with MTCC ends, MTCC will further keep your Personal Data for a period as necessary according to the statute of limitations or for a period as required or permitted by law.
MTCC will undertake operations through appropriate steps to delete or destroy the Personal Data or make it anonymous when it is no longer necessary or when said period ends.
9. How does MTCC protect your Personal Data?
We have implemented reasonable security measures to protect the information we collect from unauthorized access, exfiltration, theft, loss, misuse, disclosure, alteration, or destruction.
Upon the lapse of the retention period of your Personal Data or MTCC no longer has the right or lawful basis to process your Personal Data, MTCC will destroy such Personal Data as soon as possible.
10. What are your rights in connection with your Personal Data?
Your rights under this item are legal rights that you should be aware of. You can exercise your rights as stipulated by law and this Policy currently available or to be amended in the future, including criteria determined by MTCC.
10.1. Right to withdraw consent (opt-out): You are entitled to withdraw the consent that you have previously given to MTCC to collect, use and disclose your Personal Data (whether such consent has been given prior to or after the personal data protection law is enforced), at any time during which your Personal Data is held by MTCC, unless there is right restriction by law or there is a contract which remains valid. The collection, use and/or disclosure of your Personal Data which was undertaken before the withdrawal of your consent shall not be affected.
However, the withdrawal of your consent related to and required for the services, access to resources and/or activities request may prevent MTCC from complying with the contract or providing services, access to resources and/or activities to you, or may cause the transaction or any other related activities to be suspended or temporarily discontinued, or may affect your knowledge of services, resources and/or activities, for instance, you may not receive the information relating to the services, resources and/or activities, benefits, or may not receive news and other information that are beneficial to you, etc. For your own benefit, you should determine and inquire about the potential impacts before deciding to withdraw your consent.
10.2. Right to access: You are entitled to have access to your Personal Data under MTCC’s responsibility and to request MTCC to provide you duplication of your Personal Data and inform you of how your Personal Data has been obtained.
10.3. Right to data portability: You are entitled to request your Personal Data which has been processed by MTCC to be in a format that can be read or used in general with an automated device or equipment, and can be used or disclosed via automated methods. You are also entitled to request MTCC to send or transfer your Personal Data of said format to other data controllers if it can be processed via automated method, and to request Personal Data of said format which is directly sent or transferred by MTCC to other data controllers, unless it cannot be processed due to technical difficulties.
Your aforementioned Personal Data must be Personal Data that you have granted consent to MTCC to collect, use and/or disclose or must be Personal Data that MTCC needs to collect, use and/or disclose for your use of MTCC’s services, resources and/or activities in accordance with your intention wherein you are a contract party with MTCC or for undertaking operations per your request before using MTCC’s services, resources and/or activities or must be other Personal Data as determined by competent authorities.
10.4. Right to object: You are entitled to lodge an objection to the collection, use or disclosure of your Personal Data at any time. If the collection, use or disclosure of your Personal Data, to which you lodge an objection, is undertaken under legitimate interest of MTCC or any person or any juristic person, or for public benefit, MTCC shall continue to collect, use and/or disclose your Personal Data only if MTCC can provide legal reasons that the collection, use and/or disclosure of your Personal Data is sufficiently important, or is undertaken for the establishment, defense, use of, or compliance with, the rights to claim in accordance with applicable law, as the case may be.
In addition, you are entitled to lodge an objection to the collection, use and/or disclosure of your Personal Data which is undertaken for objectives related to direct marketing or for the purpose of scientific, historical or statistical studies and research.
10.5. Right to deletion or destruction: You are entitled to request MTCC to delete or destroy your Personal Data or make it anonymous if you believe that your Personal Data has been collected, used and/or disclosed illegitimately, which is not in compliance with applicable laws or if you deem that it is no longer necessary for MTCC to keep your Personal Data under the objectives of this Policy or when you exercise your right to withdraw consent or your right to object as mentioned earlier.
10.6. Right to suspension: You are entitled to request MTCC to suspend the use of Personal Data if MTCC is conducting an investigation per your request to exercise your right to rectification or right to object, or for any other case wherein it is no longer necessary for MTCC to keep your Personal Data and MTCC must delete or destroy your Personal Data in accordance with applicable laws, but you have sought to request MTCC to suspend the use of your Personal Data instead.
10.7. Right to rectification: You are entitled to rectify your Personal Data to keep it accurate, up-to-date, complete and not misleading.
10.8. Right to lodge complaint: You are entitled to lodge a complaint to relevant competent authorities if you believe that the collection, use and disclosure of your Personal Data violates or does not comply with applicable laws.
Exercising the aforementioned rights may be restricted by applicable laws, and, in certain cases, there may be compelling reasons that may cause MTCC to deny your request or may prevent MTCC from complying with your request such as for in compliance with laws or court orders, for the public benefit, exercising the aforementioned rights may potentially violate other persons’ rights or freedoms, etc. If MTCC denies aforementioned request, MTCC shall give you the reason(s) for such denial.
You can submit your request to exercise your rights via the email address as stipulated in Section 12.
We will apply our best effort of the capability of the relevant systems to facilitate and carry out at your request without delay, unless it appears that to carry out at such request causes undue burden on or would involve excessive or disproportionate effort of MTCC or is in the risk of violating of the protection of others’ Personal Data or illegal or impossible to perform such request.
11. Will MTCC rectify or revise this Policy?
- MTCC may consider rectifying, revising or changing this Policy from time to time, as deemed appropriate and permitted by law. In case of rectification or revision of, or change in this Policy, MTCC will announce the current policy on MTCC’s website at https://mtcc.or.th/privacy-policy/
12. How can you contact MTCC and the data protection officer?
If you have any suggestions or would like to inquire about information regarding details of the collection, use and/or disclosure of your Personal Data including exercising your rights under this Policy, you can contact MTCC via:
- Tel: +66(0) 2108 1842 / 1843
- Email: admin2@mtcc.or.th
- Address: 401-402, 4th Floor, Sathorn Square Tower, 98 North Sathorn Road, Silom, Bangrak, Bangkok 10500, Thailand
