PRIVACY STATEMENT FOR CUSTOMERS Dive Supply Co., Ltd. (“Dive Supply” or “we”) respects the privacy of your Personal Data with and will ensure compliance by our staff to the strictest standards of security and confidentiality in respect of all Personal Data submitted by you to Dive Supply. Dive Supply hereby informs you that this Privacy Statement for Customers (“Privacy Statement”) applies to you if you are registered on the website or mobile application operated by Dive Supply (collectively referred to as the “Site”) as a customer will be referred to as the “Customer(s)”). This Privacy Statement is of utmost importance for the Customers and therefore, we are strongly recommended to thoroughly read this Privacy Statement carefully to have an understanding of Dive Supply’s policy and practices with regard to the Processing of your Personal Data, as well as the rights to your Personal Data.
  1. DEFINITIONS In this Privacy Statement, the following terms shall have the respective meanings specified below unless the context otherwise requires:
 “PDPA” means the Personal Data Protection Act B.E. 2562 (2019) and any regulations, rules, guidelines, notifications and orders issued by virtue thereof, as may be amended, supplemented or replaced from time to time. “Personal Data” means data pertaining to an individual which enables the identification of such individual, whether directly or indirectly, but specifically excluding data of the deceased person. “Processing”, “Processed” or “Process” means the collection, use, disclosure, transfer, retention or otherwise processing of Personal Data. “Sensitive Personal Data” means the categories of Personal Data which are specified in Section 26 of the PDPA, i.e. Personal Data pertaining to ethnicity, race, political opinions, doctrinal, religious or philosophical beliefs, sexual behavior, criminal records, health records, disability, labour union, genetic data, biometric data or any other data which may affect the data subject in the same manner as prescribed by the Personal Data Protection Commission.
  1. PROCESSING OF PERSONAL DATA
    1. Dive Supply exercises its best endeavour to only collect Personal Data which is necessary, relevant and appropriate to achieve the purposes specified in this Privacy Statement. The categories of Personal Data which will be Processed by Dive Supply are as follows:
Categories of Personal Data Description
Identification Data First name, surname, initial, workplace
Contact Data Email address, mobile phone number, other contact numbers, contact address, billing address
Other Data Any other categories of Personal Data which you may provide to Dive Supply during our communication via various channels such as email, phone call, facsimile, etc.
Automatically Collected Data information on the accessing and visiting the Site, pages which have been visited, search history on the Site, IP Address, browser types and forms, reference page, operation system, date and time stamps and clickstream data retained in the log files
  1. Sensitive Personal Data: Dive Supply does not have any intention nor necessity to Process your Sensitive Personal Data.
  1. PURPOSES OF THE PROCESSING OF PERSONAL DATA
    1. Dive Supply strives to only collect Personal Data which are necessary and adequate but not excessive in relation to the purposes set out herein below.
Purposes Categories of Personal Data and Legal Basis
To Contact Associated Persons via their contact details to offer Dive Supply’s services Categories of Personal Data §  Identification Data §  Contact Data Legal Basis §  Legitimate Interest
To consider and assess the credibility and to verify your identity before entering into the agreement with the Customers, as well as to proceed with any transaction through the Site Categories of Personal Data §  Identification Data §  Contact Data §  Financial-related Data Legal Basis §  For Customers: §  (a) Legitimate Interest for the consideration and assessment of credibility and verification of identity; and §  (b) Proceed with the request to enter into an agreement §  For Associated Persons: §  Legitimate Interest
To perform our rights and duties under the agreement with the Individual Customers and to carry out any activities which are related to the agreement which you have with Dive Supply such as allowing you to use our Site, shipping of goods, issuance of invoices, etc. Categories of Personal Data §  Identification Data §  Contact Data §  Financial-related Data Legal Basis §  For Customers: Performance of contractual obligations
To create, maintain and update our record of the list of Individual Customers. Categories of Personal Data §  Identification Data §  Contact Data §  Financial-related Data Legal Basis §  Legitimate Interest
To communicate with you regarding any inquiries or concerns which you may have Categories of Personal Data §  Identification Data §  Contact Data §  Other Data Legal Basis §  Legitimate Interest
To detect, prevent, investigate, and prosecute fraud and/or the criminal activity, and ensure the security of the Site Categories of Personal Data §  Identification Data §  Contact Data §  Financial-related Data §  Automatically Collected Data §  Other Data Legal Basis §  Legitimate Interest
To monitor the Customers’ movements and traffic when using the Site in order to display and deliver you the advertisements that are relevant to your interest Categories of Personal Data §  Identification Data §  Automatically Collected Data Legal Basis §  Consent
To comply with our obligations under the laws, regulations, or orders of the governmental authorities, competent officers or courts. These include, without limitation, to proceed with your request to exercise rights to Personal Data, debt collection, retaining computer traffic data, etc. Categories of Personal Data §  Identification Data §  Contact Data §  Financial-related Data §  Automatically Collected Data §  Other Data Legal Basis §  Legitimate Interest
To establish, comply, exercise, or defend legal claims should the dispute arise Categories of Personal Data §  Identification Data §  Contact Data §  Financial-related Data §  Other Data Legal Basis §  Legal Obligation §  Legitimate Interest §  In addition to the above, for Customers, we may need to exercise or defend the legal claims pursuant to the terms of our agreement
  1. Where the legal basis for the Processing of your Personal Data is to enter into a contract with you or to perform contractual obligations, failure to provide Personal Data under such circumstances could result in an inability to enter into a contract and/or to perform contractual obligations, either in whole or in part. For example, you may not be able to use our Site, either in whole or in part, etc.
  2. Where the legal basis for the Processing of your Personal Data is to comply with a legal obligation, failure to provide your Personal Data under said circumstance could result in Dive Supply and/or you being in breach or violation of the applicable laws, regulations, court orders, or orders of the competent authorities.
  3. If Dive Supply requires the use of your Personal Data for a purpose other than those set out herein above, we will inform you of such new purposes and, if required by law, obtain your prior consent to the same, unless otherwise stipulated by law.
  1. DISCLOSURE OR TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF YOUR LOCAL JURISDICTION
    1. Dive Supply may disclose your Personal Data to Dive Supply’s personnel and staff for the purposes specified in this Privacy Statement. Only duly authorized staff of Dive Supply will be permitted to access Customers’ Personal Data, and Dive Supply shall not release such Personal Data to any third parties save and except for the circumstances specified herein this Privacy Statement.
    2. From time to time Dive Supply may disclose and/or transfer your Personal Data to the following persons/entities, which may be located in or outside of Thailand:
      • (a) Our third-party vendors such as information technology service providers, cloud service providers, accounting service providers, legal advisors, electronic payment service providers, etc. for the purposes described above;
      • (b) Governmental authorities or competent officers which/who have legal authorization to request the disclosure of Personal Data. This includes the compliance with the court orders, or to perform legal obligations;
      • (c) Overseas Entities; and/or
      • (d) In case of merger and acquisition or restructuring, to the transferee or successor of Dive Supply, or prospective buyer or purchaser of Dive Supply’s business, asset or properties, as the case may be.
    3. In general, Dive Supply will transfer Personal Data outside of Thailand under the following circumstances:
      • (a) where the Personal Data is disclosed and/or transferred to any overseas entities who have been duly authorized by Dive Supply to use such Personal Data for the purposes of market research and improvement;
      • (b) where the Personal Data is disclosed and/or transferred to any agents, affiliates or associates of Dive Supply who have been duly authorized by Dive Supply to use such Personal Data for the purposes of purposes of market research and improvement;
      • (c) where Dive Supply needs to protect and defend its rights, interests and properties;
      • (d) where Dive Supply considers necessary to do so in order to comply with the applicable laws and regulations, including without limitation compliance with a judicial proceeding, court order, or legal proceedings; and/or
      • (e) where Dive Supply deems necessary for the performance of our obligations under the contract with the Customers.
The destination countries may not have an adequate level of personal data protection as required by the PDPA. However, please be assured that any such transfer will be done in compliance with the requirements of the PDPA or other applicable data protection laws, and Dive Supply will request the recipients to implement adequate personal data protection standards which meet the requirements stipulated by the applicable PDPA or other applicable data protection laws.
  1. Rights to Your Personal Data Subject to the limitations and conditions of the PDPA, you are entitled to the following rights to your Personal Data:
    • (a) Right of Access: To request to have access to their Personal Data, or to request to have a copy of such Personal Data, as well as to request the disclosure of how your Personal Data has been acquired without their consent.
    • (b) Right to Data Portability: To obtain your Personal Data in the format which is generally readable or usable with automatic tools or devices from Dive Supply, and you are also entitled to request that Dive Supply transmit your Personal Data in such format to another data controllers.
    • (c) Right to Object: To object to the Processing of your Personal Data.
    • (d) Right of Erasure: To request that your Personal Data be deleted, destroyed or de-identified.
    • (e) Right to Suspension: To request that the processing of your Personal Data be suspended.
    • (f) Right to Rectification: To request that your Personal Data be updated, completed or rectified.
    • (g) Right to Withdraw Consent: Where the legal basis for the Processing of your Personal Data is consent, you will be entitled to withdraw consent at any time, subject to the conditions and limitations stipulated by the PDPA. Withdrawal of your consent shall not affect the Processing of your Personal Data for which you have lawfully granted consent prior to such withdrawal.
    • (h) Right to Lodge Complaint: You are entitled to lodge a complaint to the personal data protection supervisory authorities in the event of Dive Supply’s non-compliance or violation of the PDPA. Notwithstanding that, Dive Supply would encourage you to first contact us to resolve any issues or concerns,
In the event that you wish to access or rectify your Personal Data, Dive Supply may request you to provide personal details in order to verify and confirm your identity. Dive Supply will respond to your request within a reasonable period and within the time specified by law, and will endeavour to do so wherever possible, but to the extent permitted by law, Dive Supply reserves the right to charge you a reasonable fee for doing so.
  1. COOKIES AND LOG FILES
    1. Dive Supply collects the Automatically Collected Data.
    2. Dive Supply currently uses the following types of cookies on the Site:
Types of Cookies Purposes
Strictly Necessary Cookies These cookies are essential and required for the operation of the Site. They enable the basic features of the Site such as to provide you with secure log-in or access to secure areas of the Site, privacy settings and consent preferences, etc. While you may choose to define these cookies by modifying your browser as specified in Clause 7.3 below, the Site may not be functioning or you may not be able to use our services, either in whole or in part. These cookies will be erased when you close your browser.
Performance Cookies These cookies enable us to learn how you interact with the Site as they collect information on how your use and navigate through the Site, pages that you visited, which job advertisements and links you clicked on, the number of visitors and users of the Site, bounce rate, traffic source, etc. These cookies help us in improving the performance and function of the Site. Data collected by these cookies are aggregated data which cannot identify you. These cookies will be erased when you close your browser.
Functional Cookies These cookies enable us to recognise the choice you made in the past such as your preferred language, region, username and password which enables you to automatically log-in when you revisit the Site.
Targeting Cookies These cookies track your online activities across the Site. They enable Dive Supply to display and deliver you the advertisements that are relevant to your interest.
Cookie Pop-up These cookies enable us to determine if you have already read our cookies banner and to ensure that such a banner will not be shown again after you have dismissed it.
  1. In addition to Clause 6.2, while most web browsers automatically accept cookies, Customers can choose to accept or decline cookies by modifying their individual browser settings to decline cookies if you prefer. However, Employers should note that disabling or declining the cookies on their browser may prevent you from accessing or using the services on the Site efficiently, or the use of the Site may be restricted.
  2. 4 Dive Supply generally uses such Automatically Collected Data to estimate the audience size of the Site, gauge the popularity of various parts of the Site, track Employers’ movements and the number of entries on Dive Supply’s Site, measure Customers’ traffic patterns and administer the Site. Such Automatically Collected Personal Data and data will not be disclosed save and except in accordance with the section entitled “Disclosure or Transfer of Data”.
  1. Retention of Personal Data Dive Supply will retain the Personal Data of a Customer throughout the term of the agreement, and for a period of not exceeding 10 years thereafter, unless otherwise required or permitted by applicable law.
  2. Changes in this Privacy Statement Dive Supply reserves the right to update, revise, modify or amend this Privacy Statement at any time as Dive Supply deems necessary, so you are strongly advised to review this Privacy Statement frequently. If Dive Supply decides to update, revise, modify or amend this Privacy Statement, Dive Supply will notify you via email which you have given to us or to any other channel as Dive Supply deems appropriate, so that you would be aware of the Processing of your Personal Data by Dive Supply. Such changes to this Privacy Statement shall apply from the time that Dive Supply provides it to you. Notwithstanding this, in the event that Dive Supply considers any changes that may materially affect you, Dive Supply will inform you of such changes and, if required by applicable law, obtain your consent, prior to such changes becoming effective.
  3. Enquiries In the event that you would like to exercise any of your rights to Personal Data or have any enquiries relating to this Privacy Statement, please contact our Customer Support at info@divesupply.com, or write to us at the following address:
Dive Supply Co. Ltd. 88/5 Moo 10, Patak Road, Chalong, Muang, Phuket 83130 This Privacy Statement is effective from 1 June 2022.