10 June 2022. The Data Protection Policies were last updated on 10 June 2022. Current version is Version 1

1. Introduction

These rules are in accordance with Thailand's Personal Data Protection Act BE 2562 (PDPA)

Five Star Villas and Condominiums Co., Ltd. needs to collect and use certain types of information about the Individuals or Service Users who come into contact with Five Star Villas and Condominiums Co., Ltd. in order to carry on our work. This personal information will be collected and dealt with appropriately whether is collected on paper, stored in a computer database, or recorded on other material and there are safeguards to ensure this.

2. Data Controller

Five Star Villas and Condominiums Co. Ltd. is the Data Controller, which means that it determines what purposes personal information held, will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.

3. Disclosure

Five Star Villas and Condominiums Co., Ltd. may share data with other agencies such as the local authority, funding bodies, and other voluntary agencies.

The Individual/Service User will be made aware in most circumstances of how and with whom their information will be shared.  There are circumstances where the law allows Five Star Villas and Condominiums Co., Ltd. to disclose data (including sensitive data) without the data subject’s consent.

These are:

1. Carrying out a legal duty or as authorized by the Secretary of State
2. Protecting vital interests of an Individual/Service User or another person
3. The Individual/Service User has already made the information public
4. Conducting any legal proceedings, obtaining legal advice, or defending any legal rights
5. Monitoring for equal opportunities purposes – i.e. race, disability, or religion
6. Providing a confidential service where the Individual/Service User’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Individuals/Service Users to provide consent signatures.

Five Star Villas and Condominiums Co., Ltd. regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal.

Five Star Villas and Condominiums Co., Ltd. intends to ensure that personal information is treated lawfully and correctly.

Five Star Villas and Condominiums Co., Ltd will adhere to good Principles of Data Protection.

Specifically, the Principles require that personal information:

1. Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
2. Shall be obtained only for one or more of the purposes, and shall not be processed in any manner incompatible with that purpose or those purposes,
3. Shall be adequate, relevant, and not excessive in relation to those purpose(s)
4. Shall be accurate and, where necessary, kept up to date,
5. Shall not be kept for longer than is necessary
6. Shall be processed in accordance with the rights of data subjects,
7. Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,

Five Star Villas and Condominiums Co., Ltd. will, through appropriate management and strict application of criteria and controls:

• Observe fully conditions regarding the fair collection and use of information
• Meet its legal obligations to specify the purposes for which information is used
• Collect and process appropriate information, and only to the extent that it is needed to fulfill its operational needs or to comply with any legal requirements
• Ensure the quality of information used
• Ensure that the rights of people about whom information is held can be fully exercised. These include:
  • The right to be informed that processing is being undertaken
  • The right of access to one’s personal information
  • The right to prevent processing in certain circumstances and
  • The right to correct, rectify, block or erase information that is regarded as wrong information)
• Take appropriate technical and organizational security measures to safeguard personal information
• Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation, or ethnicity when dealing with requests for information
• Set out clear procedures for responding to requests for information

4. Data collection

Informed consent is when

• An Individual/Service User clearly understands why their information is needed, who it will be shared with, and the possible consequences of them agreeing or refusing the proposed use of the data
• And then gives their consent.

Five Star Villas and Condominiums Co., Ltd. will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.

When collecting data, Five Star Villas and Condominiums Co., Ltd. will ensure that the Individual/Service User:

1. Clearly understands why the information is needed
2. Understands what it will be used for and what the consequences are should the Individual/Service User decide not to give consent to the processing
3. As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
4. Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
5. Has received sufficient information on why their data is needed and how it will be used

5. Data Storage

Information and records relating to service users will be stored securely and will only be accessible to authorized staff and volunteers.

Information will be stored for only as long as it is needed or required by statute and will be disposed of appropriately.

It is Five Star Villas and Condominiums Co., Ltd. responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organization, which has been passed on/sold to a third party.

6. Data access and accuracy

All Individuals/Service Users have the right to access the information Five Star Villas and Condominiums Co., Ltd. holds about them. Five Star Villas and Condominiums Co., Ltd. will also take reasonable steps to ensure that this information is kept up to date by asking data subjects whether there have been any changes.

In addition, Five Star Villas and Condominiums Co., Ltd.

will ensure that:

• It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection
• Everyone processing personal information understands that they are contractually responsible for following good data protection practice
• Everyone processing personal information is appropriately trained to do so
• Everyone processing personal information is appropriately supervised
• Anybody wanting to make inquiries about handling personal information knows what to do
• It deals promptly and courteously with any inquiries about handling personal information
• It describes clearly how it handles personal information
• It will regularly review and audit the ways it holds, manage and use personal information
• It regularly assesses and evaluates its methods and performance in relation to handling personal information
• All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them

This policy will be updated as necessary to reflect best practices in data management, security, and control.

In case of any queries or questions in relation to this policy please contact the Five Star Villas and Condominiums Co., Ltd. Data Protection Officer at robert@fivestarvillasandcondos.com