Terms and Conditions of Use are provided to aid customers’ understanding. When there are differences in legal interpretation, the Thailand version takes precedence over the global version and only the Thailand version is legally binding.
HAPPY MALL, an Internet shopping mall service operated by Happy cu Co., Ltd. considers the protection of personal information of customers important and makes the best effort to protect personal information of customers.
HAPPY MALL complies with the provisions concerning protection of personal information under any applicable laws and regulations to be observed by information and communications service provider, including the Telecommunications Security Protection Act, the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Personal Information Protection Act and its Enforcement Decree. In accordance to applicable laws, HAPPY MALL has established the Personal Information Protection Policy (this “Policy”), which is disclosed in its homepage (http://global.Happymall; hereinafter referred to as “Homepage”) for convenient access by customers.
This Policy may be, from time to time, revised according to amendment to the government’s laws or guidelines, etc. For the continuous improvement of the Policy, HAPPY MALL has established necessary procedures. In the event of revisions or changes to this Policy, HAPPY MALL notifies such changes of the Policy by posting it on the first page of the Homepage. Users are requested to check for such revisions or changes when visiting the HAPPY MALL website.
This Policy contains the following:
1. Consent to collection of personal information
2. Purpose of collection and use of personal information
3. Personal information items collected
4. Method of collection of personal information
5. Period of possession and use of personal information
6. Use of the collected personal information and provision of such information to a third party
7. Inspection and correction of personal information
8. Withdrawal of consent to collection, use and provision of personal information
9. Procedure and method of destruction of personal information
10. Protection of personal information of children
11. Entrustment of personal information handling
12. Method of notification or notice of the Policy
13. Technical and administrative measure for protection of personal information
14. Linked sites
15. Posts
16. Matters concerning installation, operation and refusal of automatic personal information collection device
17. Rights and obligations of users
18. Collection of opinion and complaint handling
19. Supervisor and person responsible for protection of personal information;
20. Transmission of advertising information; and
21. Duty to notify.
-
Consent to Collection of Personal Information
HAPPY MALL arranges the procedure whereby users may click an ‘agree’ or ‘disagree’ button with respect to the contents of this Policy or the Terms and Conditions of service of HAPPY MALL. If a user clicks an ‘agree’ button, he/she is deemed to have agreed to collection of personal information.2. Purpose of Collection and Use of Personal Information
“Personal information” means an information concerning a living person by which the person may be identified based on his/her name, resident registration number, etc. contained in the information (includes information, if used alone, could not be used to identify one individual from the others, but could be easily combined with other information to identify one individual from the others). The purposes of collection and use of personal information of users of HAPPY MALL are as follows:
- Personal information items collected
- HAPPY MALL collects only the information required for providing basic services. It obtains consent from users when collecting information for providing service that meet each user’s preference and needs. Even when a user fails to provide optional information, there are no restrictions on his/her use of service.
B. HAPPY MALL does not collect any sensitive personal information that may infringe the basic human right of users (i.e., race, nationality, ideology, creed, place of birth, place of family register, political tendency, criminal records, health condition, sexual life, etc.). Under any circumstances, the Company does not use or disclose to a third party the information input by users for any purpose other than those declared in advance to users.
C. HAPPY MALL collects and uses personal information as follows:
-
Method of Collection of Personal Information
HAPPY MALL collects personal information through the sign up process, consultation process, events, giveaways, sales agencies or partner companies, as well as through using information collection tools (cookies) in connection with the information created during use of mobile phones and wired/wireless internet services.5. Period of Possession and Use of Personal Information
A. HAPPY MALL shall maintain and use the user’s personal information for the period which was notified by HAPPY MALL and agreed by the customer. Personal information of users of HAPPY MALL is destroyed after achieving purpose of collection and use, expiration of period for saving, or withdrawal of user’s consent.
B. HAPPY MALL reserves the right to possess personal information of members for a certain period of time in order to confirm transaction-related rights or obligations in accordance to applicable laws and regulations such as the Commercial Act, the Act on the Consumer Protection in Electronic Commerce, etc., the Electronic Financial Transactions Act, the Specialized Credit Finance Business Act, the Framework Act on National Taxes, the Corporate Tax Act or the Value-Added Tax Act, etc., as follows. The inspection and use of such personal information shall be limited to the relevant reason and the purpose and period of possession and items to be possessed shall be specified in advance.
– Records regarding execution of the agreement or withdrawal of subscriptions, etc.: Five (5) years
– Records regarding payments and provision of goods, etc.: Five (5) years
– Records regarding consumer complaints or dispute resolution: Three (3) years- However, if the usage agreement between the member and HAPPY MALL is maintained (member has not withdrawn membership), the period of possession may be longer than the mandatory period, and records of which possession period has passed shall be destroyed upon customer’s withdrawal of consent.
C. In the event any user requests to inspect the transaction information in possession of HAPPY MALL with consent of the user, HAPPY MALL shall immediately take necessary measures for the user to inspect such information
D. When a user withdraws from the membership, HAPPY MALL shall keep in custody the user’s name, resident registration number (or Connecting Information, Duplication Information), ID, password, e-mail, for one (1) month (logs, access IPs for twelve (12) months) after the withdrawal to prevent users from illegally or expediently receiving any economic profits such as discount coupons, event benefit, etc. through repetitive sign ups and withdrawals or from using someone else’s identity illegally.6. Use of the Collected Personal Information and Provision of such Information to a Third Party
A. HAPPY MALL shall use the personal information of users within the scope notified in the sign up form, service Terms and Conditions and ”Purpose of Collection and Use of Personal Information” under the Policy and shall neither use the same in excess of such scope, nor provide it for other persons, companies or institutions. However, requests made with consent of the customer and requests made in accordance to procedures set by the law shall be excepted. In such case, personal information may be used and provided with due care:
B. Consent to Provision of Personal Information to a Third Party
– When provision of personal information to a Third Party occurs, HAPPY MALL takes measures to notify the user and seek their consent at the time required.
– A user may refuse the provision of personal information to a third party. The refusal shall not affect his/her membership sign up and use of services.
C. In the event any transaction is realized through services provided by HAPPY MALL, the necessary information relating to the transaction and delivery shall be provided to both parties.
D. Status of Provision of Personal Information The status of provision of personal information may change depending on the commencement or end of partnerships, and such changes shall be added to the list of partners upon provision of personal information and deleted from the list upon destruction of personal information due to end of the partnership, etc.
7. Inspection and Correction of Personal Information
A. Users may, at any time, inspect or correct their personal information registered. If a user seeks to inspect or change his/her personal information, he/she shall click ‘Change Personal Information’ and then inspect or change the relevant information himself/herself, or contact the supervisor and the person responsible for management of personal information in writing, by telephone or by e-mail, in which case such request shall be processed without delay.
B. If a user requests the correction of any errors in personal information, the relevant personal information shall not be used or provided until the error has been corrected.
C. In the event any wrong personal information is provided to a third party, the corrected information shall be immediately notified to a third party.
8. Withdrawal of Consent to Collection, Use and Provision of Personal Information
A. A user may, at any time, withdraw his/her consent to collection, use and provision of personal information, which he/she consented to during sign up. A user may immediately withdraw consent to collection, use and provision of personal information by clicking “Withdraw Membership” under “Personal Information” on the first page of the Homepage. If user contacts the supervisor in charge of management of personal information in writing, by telephone or by e-mail, etc., HAPPY MALL shall immediately take necessary measures for the withdrawal without delay. In the event of withdrawal of consent or destruction of personal information, HAPPY MALL shall immediately notify the user thereof.
B. HAPPY MALL shall take necessary measures so that a withdrawal of the consent to collection of personal information (withdrawal from membership) is easier than consenting to collection of personal information.
C. When a user voluntarily withdraws from the membership, HAPPY MALLshall destroy personal information of the user one (1) month after the withdrawal for the purpose of prohibiting the user from illegally or expediently receiving any economic profits such as discount coupons, event benefit, etc. through repetitive sign ups and voluntary withdrawals, or from using someone else’s identity illegally.
9. Procedure and Method of Destruction of Personal Information
A. When the purpose of use of personal information collected is achieved, HAPPY MALL shall immediately destroy the relevant information in accordance with the possession period and the use period. The procedure, method and time of destruction shall be as follows:
– Procedure and Time of Destruction:
Personal information entered by a user for sign up to membership shall be deleted or destroyed after lapse of the period, which is prescribed for the protection of information (see the “Period of Possession and Use of Personal Information” above) under HAPPY MALL’s internal policy and other applicable laws, after the purpose of use of personal information is achieved, such as termination of services. In general, if there are no remaining credits or debts, personal information collected upon membership sign up and then managed in an electronic file form shall be deleted immediately at the time of withdrawal from membership.
– Method of Destruction
Personal information printed on paper shall be destroyed by shredding, incineration or dissolution by chemicals. Personal information stored in an electronic file form shall be deleted by technical method which makes it impossible to restore or reproduce
- Protection of Personal Information of Children
HAPPY MALL does not collect personal information of children in order to protect personal information of a child of less than fourteen (14) years. It allows only a person of fourteen (14) years or more to subscribe for membership.11. Entrustment of Personal Information Handling
A. HAPPY MALL entrusts an outside company with handling of personal information for better business performance including provision of basic services, better services, convenience, etc., as follows:
* Entrustments of personal information handling in regard to certification by mobile phone, i-PIN certification, general certification, etc. are excluded from “English HAPPY MALL”
B. In the business entrustment agreement, etc., HAPPY MALL prescribes the provisions concerning the compliance with laws and regulations related to protection of personal information, the confidentiality of personal information, the prohibition from provision of personal information to a third party, the responsibility in the event of accident, the period of entrustment, and the obligations to return or destroy personal information after the end of handling of personal information, etc. HAPPY MALL manages to have the foregoing provisions complied.
12. Method of Notification or Notice of the Policy
A. When HAPPY MALL seeks to obtain additional consent from a user for the use of or provision to a third party of his/her personal information beyond the consented scope, HAPPY MALL shall notify the user of the relevant matter in advance in writing, by e-mail etc.
B. In the event HAPPY MALL entrusts collection, possession, disposition, use, provision, management or destruction, etc. of user’s personal information to a third party, HAPPY MALL shall inform the user thereof and obtain consent from the user by notifying such information on the sign up page, in the Terms and Conditions of services or the Policy appearing on the Homepage, etc.
C. In the event HAPPY MALLtransfers its businesses, in part or whole, or transfers its rights or obligations due to merger or succession, etc., it shall notify users thereof in writing or by e-mail, etc. as well as describe such transfer on the first screen of the Homepage for thirty (30) days or more. However, if HAPPY MALL is unaware of any user’s address or telephone number without negligence on HAPPY MALL’s part, or event of force majeure the notice in writing, by e-mail or by other means may be substituted by once or more publications in two (2) or more daily newspapers published in Seoul (in the event most of users reside in a certain area, the newspapers published and distributed in such area).
13. Technical and Administrative Measure for Protection of Personal Information
A. HAPPY MALL has prepared and applies technical and administrative measures to protect user’s personal information.
B. Technical Measure
HAPPY MALL devises the following technical measures to safeguard personal information from being lost, stolen, leaked, forged or damaged in the process of handling of user’s personal information:
(1) User’s personal information is password-protected and important information is protected through an independent security function by encoding files and transmission data or using lock function.
(2) HAPPY MALL takes measures to prevent damage which may arise from computer viruses by using a vaccine program. The vaccine program is regularly updated. Upon sudden emergence of a virus, a new vaccine developed against the virus shall be immediately provided upon availability to prevent infringement of personal information.
(3) HAPPY MALL adopts a security system (SSL or SET) for safely transmitting personal information over network by using a code algorithm.
(4) HAPPY MALL makes best efforts for security against infiltrations from outside such as hacking, etc. by using infiltration blocking systems and vulnerability analysis systems, etc. on each server.
C. Administrative Measure
(1) HAPPY MALL limits the number of persons with access to personal information of users to a minimum, which fall under any of the following:
– Persons engaging in the direct marketing to users;
– Persons engaging in the protection of personal information such as the supervisor and person responsible for protection of personal information; or
– Persons who inevitably handle personal information for other business purposes.
(2) HAPPY MALL prepares procedures for accessing and managing user’s personal information and requires its employees to fully understand and comply with such procedures. It regular in-house and external training to the employees who handle personal information for adopting new security technologies and complying with personal information protection obligations.
(3) The transfer of duties of the persons who handle personal information are carried out strictly while maintaining security and HAPPY MALL clearly describes their responsibilities for any personal information-related accidents after joining and resigning from HAPPY MALL.
(4) The computer room and the data room, etc. are established as the high security areas to which access is controlled.
(5) When handling user’s personal information by a computer, HAPPY MALL designates the person in charge with access to personal information, issues ID and password to such person, and renews the relevant password on a regular basis.
(6) HAPPY MALL requires new employees to sign the written oath for protection of information or for protection of personal information upon his/her employment, to prevent personal information leakage in advance, and prepares and performs an internal procedure to audit employees’ execution and compliance with the Policy on a continuous basis.
(7) HAPPY MALL requires employees to sign a confidentiality agreement upon resigning from HAPPY MALL to prevent potential damage, infringement or disclosure of personal information the employee has acquired in the process of handling personal information during employment. (8) When collecting from or providing to the user any payment-related information such as the user’s credit card number or bank account for the purpose of entering into the service agreement or of providing services, HAPPY MALL takes measures required for confirming the identity of the user.
(9) HAPPY MALL shall not responsible for any events resulting from user’s negligence or the basic risk of the Internet. Members should properly manage his/her ID and password to protect his/her personal information and be liable therefor.
(10) HAPPY MALL recommends that any password which others are able to guess easily should be avoided and that the passwords be changed on a regular basis.
(11) In the event a member accesses and logs in to the Homepage of HAPPY MALL from a PC used jointly with others and leaves the PC, or is done using the service the member is requested log out before closing the Homepage window.. If not, his/her information such as ID or password may be easily disclosed to others through the browser.
(12) In the event of any loss, leakage, falsification or damage to personal information due to an internal manager’s mistake or any technical accident, HAPPY MALL shall immediately inform users thereof and prepare proper measures and compensation.
14. Linked Sites
A. HAPPY MALL may provide a link to website or materials of another company to the members. In this case, HAPPY MALL shall not be liable for authenticity or usefulness of such service or materials, nor shall it provide any guarantee thereto since HAPPY MALL has no right to control the external site and materials.
B. In the event a member clicks a link included in HAPPY MALL and is forwarded to a page of another site, the Personal Information Protection Policy of the subject site is unrelated to HAPPY MALL and, thus, the member is requested to review the policy of such site.
15. Posts
A. HAPPY MALL considers a customer’s posts to be valuable and does its best to protect the posts from falsification, damage or deletion, except for the following:
– Spam post (i.e., chain letters, advertisement of a certain site, advertisement for inducement or link to another site)
– Writing which defames others by disseminating false statements with the intention of slandering others
– Unauthorized disclosure of others’ personal information, infringement of HAPPY MALL’s copyright or a third party’s intellectual property right, etc. or contents inconsistent with the subject matter of the bulletin board
– HAPPY MALL may delete or mask a certain part of the post concerning unauthorized disclosure of personal information in order to promote desirable posting culture.
– Contents that are moved to bulletin board for different subject matter, HAPPY MALL shall disclose the moving route on the relevant post in order to avoid any misunderstanding.
– In addition, HAPPY MALL may delete the post after express or separate warning.
B. Fundamentally, all the rights and liabilities of posts shall be vested in the person who written them. In addition, as it is hard for the information voluntarily disclosed in the post to be protected, users shall exercise caution in disclosing any information before using the service.
16. Matters Concerning Installation, Operation and Refusal of Automatic Personal Information Collection Device
A. HAPPY MALL may install and use cookie, which contain user’s information and can be searched through its Internet service. Cookie means a string information which the web server sends to web browser for storing and is sent back to the server at the time of additional request from the server. If a user accesses HAPPY MALL’s web site, HAPPY MALL may read the contents of cookie existing in the user’s browser, search additional information and use such information to provide services without additional input of name, etc.
B. The user information collected by HAPPY MALL through cookie may be used for the following purposes:
(1) Provision of customized information according to the area of personal interests;
(2) Targeted marketing by analyzing the frequency or duration of a visit by members and non-members and determining users’ preference and interests;
(3) Provision of customized service for a user on the visit by tracking the traces of the contents which the user viewed with interest;
(4) Notification of expiration of any charged service used; or
(5) Analyze users’ habits as a measure of reorganization of services, etc.
C. A user has an option to decide whether to install cookie or not.
A user may choose to accept all cookies, see a notice when cookies are installed, or refuse all cookie under “Tools > Internet Options > Privacy > Advanced” at the top of the web browser. However, when the user refuses to install cookie, there may be some inconvenience in use of or difficulty in provision of services.
D. Cookies expires upon closing the browser or logging out.
17. Rights and Obligations of Users
A. Users should exercise caution to enter and maintain the most up-to-date personal information. Users shall be liable for any accident arising from any inaccurate information indicated by him/her. If a user indicates any false information such as personal information of someone else, his/her membership may be revoked.
B. Users have the right to have his/her personal information be protected as well as the obligation to protect himself/herself, and not to infringe information of others. Users should be careful to avoid theft of his/her personal information, including passwords, and also avoid potentially damage personal information of others through, including but not limited to, posts. If a user fails to fulfill such responsibilities and damages information of others, he/she may be punished under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
18. Collection of Opinion and Complaint Handling
A. HAPPY MALL values opinion of users and users have the right to hear sincere answer on their questions at any time.
B. HAPPY MALL operates a consultation channels such as Customer Center for smooth communication with users. If a user has any question, he/she may contact any of the following and hear sincere answer at any time:
(1) Customer center relating to personal information (Inquiries including destruction of customer’s information)
– Person responsible for management of personal information: privacy@happymall.co
– Hot line: +66888829548
– Address: 89/152 Ladsawai, Lumluka, Pathum thani 12150
(2) Cyber Consultation:
A user may ask a question to a cyber consultant in the ‘Consultation/Notice’ section within the Customer Center after accessing HAPPY MALL.
C. Telephone consultations are available for 24 hours a day and 365 days a year. HAPPY MALL shall make the best efforts to answer any questions raised via e-mail, facsimile or mail within 24 hours from receipt thereof.
19. Supervisor and Person responsible for Management of Personal Information
A. HAPPY MALL considers user’s personal information to be very valuable and makes best efforts to prevent any damage, infringement or leakage of user’s personal information. However, HAPPY MALL shall have no liability for any damage to information due to unexpected accident arising from the basic risk of network such as hacking (despite the technical countermeasures undertaken by HAPPY MALL) and for any dispute arising from posts written by visitors.
B. The Customer Center makes the best efforts to answer users’ questions regarding protection of personal information promptly and sincerely. In addition, when a user seeks to contact HAPPY MALL’s person in charge of protection of personal information, he/she is requested to contact any of the following persons using the contact information or email address below. HAPPY MALL shall answer the questions concerning personal information promptly and sincerely:
20. Transmission of Advertising Information
A. HAPPY MALL shall not transmit any advertising information for commercial purposes without prior consent of the customers. However, in the following cases, HAPPY MALL may send advertising information to customers, in accordance to Article 50 of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
A. A person who directly collected contact information from the customer through a transaction of goods may send advertising information regarding same type of goods for commercial purposes within six (6) months.
B. HAPPY MALL shall not transmit any advertising information for commercial purposes to a user in contravention of the user’s express intention and withdrawal of agreement to receive such information.
21. Duty to Notify
This Policy was established on September30, 2021. In the event of addition, deletion or amendments to its contents according to the changes in government policies or security technologies, any general changes shall be publicly announced at least seven (7) days before the changes take effect, and any important changes shall be publicly announced at least thirty (30) days before the changes take effect, under the “Notices” section of the Homepage.
Enforcement Date of the initial Personal Information Protection Policy:
September30, 2021