Privacy Policy

This Privacy Policy describes how we collect, use, disclose, share, store, and transfer (collectively, “process”) information about you when you use Our Services. We act as a Data Controller for any information collected through Our Services.

1.1. Who are we?

We are BerryMobile Co., Ltd., a corporation having its registered office at 689 Bhiraj Tower at Emquartier 20th Floor Room No. 2003, Sukhumvit Road, Klongtonnua, Wattana, Bangkok 10110. We have the following affiliate companies (“Our Affiliates”):

• - a2network Corporation, a corporation having its registered office at SVAX Hamamatsucho2, 2-1-16, Hamamatsucho, Minato-ku, Tokyo, 105-0013 Japan

1.2. What is Personal Data?

In this Policy, “Personal Data” means information relating to a natural person, which is identified or identifiable, whether directly or indirectly, but excluding information of deceased natural persons. Please note that at all times we will adhere to the applicable statutory definition in determining what information is and is not Personal Data for the purposes of this Privacy Policy.

1.3. What are Our Services?

In this Policy, “Our Services” mean our communication services and related services operated and provided by us, such as “berrymobile”, “Skyberry”, and “Wizberry” and other services. Please refer to our website (http://www.a2network.co.th) regarding the detail of Our Services. With respect to our services other than communication related services, please refer to the privacy policy for such services separately stipulated by us.

1.4. Scope of this Privacy Policy

This Privacy Policy applies to information, including Personal Data, which we collect in relation to your access or use of Our Services only. Regarding any information which you provide to or is collected by any third party other than us, please refer to privacy policy separately established by such third party.

1.5. Changes to this Privacy Policy

We will amend this Privacy Policy from time to time. We will notify you of the amendment of this Privacy Policy through Our Services, or other measures determined by us in case we make any substantive or material amendments. Any amendment will become effective upon our posting of the amended privacy policy on Our Services.

We collect the following information about you:

2.1. Information which you choose to provide to us through Our Services

• Profile Information: such as name, mailing address, phone number, email address, login name, login passwords, identification information (such as passport number, ID number, driver’s license number), birth date, gender, and photo

• Payment Information: such as credit card information, banking or billing information, or information relating to other kinds of payment measure

• Information of Communication with us: such as information about the communications between you and us including your inquiry, compliments, and other contact to us

• Sensitive Personal Information: you may choose to provide us through Our Services with your information of a sensitive nature such as racial, ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data, or any other information of a sensitive nature. We do not collect and use these information without explicit consent from you, except where permitted by applicable laws.

2.2. Information collected as you use Our Services

• Transaction Information: such as the type of services or plan you are using, plan change history, service usage history, amount charged

• Usage Information: such as access dates and times, pages viewed, apps and other system activity, type of browser. In some cases, we collect this information through cookies, beacons, tags, and similar technologies that create and maintain unique identifiers

• Device Information: such as information about the devices you use to access Our Services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information

• Location Information: such as your precise or approximate location or address information as determined through data such as GPS, IP address, and WiFi. You may use Our Services without enabling us to collect your Location Information. However, this might affect the functionality available on your use of Our Services

2.3. Information provided from third parties

• We, as a Data Controller, collect information about you to be provided from third parties due to your consent. For example, we collect your communication record from telecommunications carriers (e.g., AIS, TRUE) whose services is used by you in order to provide Our Services, or we collect and use your payment information when you pay fees for our chargeable service by using third-party’s payment service.

• In the event that we, as a Data Controller, collect your Personal Data from a third party, we will notify you of the detail of the collected Personal Data and the detail of the third party. Such notification will be made within 30 days from the date of the collection.

3.1. We process your Personal Data for the following purposes, to the extent applicable.

• To provide Our Services

  We process your Personal Data for providing you with Our Services. For example, we collect your name, email address, and other information to create your account of Our Services, and we use your user ID and password to verify you as a user of Our Services. We collect and use your payment information, such as banking account, credit card and billing information, to charge you fees and other payment relating to Our Services.

• To maintain and improve Our Services

  We process your Personal Data for maintaining or improving Our Services. For example, we collect and use information of trouble informed by you for tracking system failure and troubleshooting, or we collect and use your usage activity on Our Services for improving the functions of Our Services or develop more convenient for you.

• To provide personalized services

  We process your Personal Data for providing you with personalized services. For example, we provide recommendations or personalized content based on your activity on Our Services.

• To develop new products or services

  We process your Personal Data for developing new products or services. For example, we collect and utilize information of how you use Our Services, inquiry from you, or questionnaire result for developing new products or services.

• To provide ads

  We process your Personal Data for showing advertisings. We may also show you personalized ads based on your interests. For example, we collect information of your browsing of other website and utilize it for showing advertisings which you might be interested in. You can control what information we use to show you ads by settings.

  1. - We don’t show you personalized ads based on Sensitive Personal Information.

  2. - We don’t share information that personally identifies you with advertisers, such as your name or email, unless you ask us to.

• To measure and analyze performance

  We process your Personal Data for analyzing and measuring how our services are used. For example, we measure and analyze your visits to and activity on Our Services for optimizing Our Services. We also use information of which ads you interact with for helping advertisers understand the performance or effectiveness of their ads.

• To communicate with you

  We process your Personal Data to communicate with you. For example, we respond to inquiries from you or may send to you a notification about Our Services by using contact information provided by you such as email address. In addition, if you contact us, we will keep a record of the request in order to help solve any issues you might be facing.

• To protect us, our users, and the public

  We may process your Personal Data to protect us, you or other users, or the public interest. For example, we use your account ID and password for detecting, preventing unauthorized use of your account, fraud, abuse, or security risks. We may also use your Personal Data to investigate or address claims or disputes relating to Our Services.

• Other Purposes

  We may process User Information for the purposes prescribed in 5. below.

3.2. If you do not provide us with your Personal Data which is necessary for complying with laws or performing the contract between you and us or entering into such contract (e.g., the information required to be entered by you on the user registration screen or on the order screen for a transaction through Our Service), your application for use of Our Service may not be accepted, or you may not be allowed to use part of Our Service.

4.1. We may share your Personal Data with the following categories of recipients:

• third-party service providers providing banking, financing, or payment services

• third-party service providers performing functions or services on our behalf, such as customer support, technical support, delivery support or customer management

• third-party IT service providers, such as provider of data storage service or business communication platform service

4.2. Except for the recipients prescribed above, we will not disclose your Personal Data to any third party without your prior consent, except where we collected your Personal Data based on any of the legal basis prescribed in 5. below.

4.3. We transfer your Personal Data to any of third-party service providers outside of Thailand. When we transfer it to such entities outside of Thailand, we ensure that appropriate safeguards and protections are taken in place pursuant to applicable laws. However, please acknowledge that we are not liable for the protection of data in some countries we transfer your Personal Data which might not have appropriate or equivalent safeguards and protections under the applicable laws of Thailand.

We process your Personal Data based on a different legal basis depending on the nature of Personal Data and the type of processing involved. We rely on the following legal bases (single or multiple) other than or in addition to your consent, insofar as it applies.

• Performance of a Contract / Entry into a Contract

  Some of Personal Data is processed on the basis that it is necessary for the performance of our agreement with you or for taking steps at your request prior to entering such an agreement. For example, we need to request you to provide your email address, login name, login passwords to create your account for using Our Services in order to perform our obligation under service agreement with you.

• Legitimate Interests

  A second ground relied upon by us is that it is necessary for the purposes of legitimate interests pursued by us or a third party. These legitimate interests include the operation of Our Services and our business, maintenance and improvement of Our Services, pursuit of the safety of Our Services, such as fraud detection and prevention, charging the payment regarding the chargeable services, providing ads of our services or products or ads of third-party’s services or products, provision of our advertising services to our clients as required by our agreements with them. Further examples are shown in 3. above. We only rely on such a ground where such interests are not overridden by your interests or fundamental rights and freedoms.

• Research or Statistics / Preparation of Historical Documents or Archives for Public Interest

  A third ground relied upon by us is that it is necessary for research or statistics, or preparation of historical documents or archives for the public interest. For example, we may create statistics relating to the business area to which our services belong for the purpose of our own or third-party’s marketing. We only rely on such a ground where the suitable measures to safeguard your rights and freedoms are taken in place and in accordance with applicable law.

• Compliance with a Law

  A fourth ground relied upon by us is that it is necessary for compliance with a legal obligation. For example, we are required to retain records for fixed periods of time in order to comply with applicable laws.

• Prevention of a Danger / Performance of a Task for Public Interest

  In some rare cases, there may be necessary for preventing or suppressing a danger to your or other persons’ life, body, or health, or we may need to perform a task for the public interest.

We seek to take reasonable security measures to protect your Personal Data against loss, misuse, alteration, and divulgation. Such reasonable security measures include use of adequate security software, restricted access, and assigning a person in charge of managing Personal Data.
However, please note that although we take appropriate steps to protect your Personal Data, no website, product, device, online application or transmission of information, computer system or wireless connection is completely secure and therefore we cannot guarantee the security of your Personal Data.

We retain your Personal Data until it is no longer necessary to fulfill the purposes of processing your Personal Data, or until you request us to erase or destroy your Personal Data. We may be required to retain certain information in order to comply with the laws to which we are subject.
Specific retention periods are determined based on the following considerations: purposes of processing, the nature of Personal Data, and the necessity of retaining Personal Data for legal or business reasons. For example, if you are a user of Our Services, we will normally erase your Personal Data within [12] months from the date on which the provision of Our Services is terminated or you become no longer a user of Our Services; however, we may be necessary to retain the whole of part of your Personal Data for the purpose of establishment, compliance, or exercise of legal claims, defense of legal claims, or the purpose of compliance with the law.

Regarding your Personal Data which we collect and store, you have the rights to:

• request access to and obtain a copy of your Personal Data

• receive your Personal Data or request us to send or transfer your Personal Data to other Data Controllers by the automatic means

• object the collection, use, or disclosure of your Personal Data

• request to erase, destroy, or anonymize your Personal Data

• request to restrict the use of your Personal Data

• request correction or update of your Personal Data

• withdraw the consent which you have given to us, except where there is a restriction by law or the contract which gives benefits to you (provided, your withdrawal of consent will not affect the lawfulness of procession made prior to such withdrawal)

• complain to expert committee with respect to our processing of your Personal Data. If you are not satisfied with how we process your Personal Data, you may contact us through the Contact Details below.

If you have any questions regarding this Policy, please contact us here; or you may also contact us through the following contacts set out below.

You may contact our Data Protection Officer via the contact below: