Personal Data Protection Policy

Personal Data Protection Policy

Website/Application TOYOTA Wallet

Toyota Insurance Broker Company Limited

Latest update on March 2022

  1. Principles and objectives

    Toyota Insurance Broker Company Limited (“the Company”) is committed to strengthen personal data protection in accordance with the Personal Data Protection Act B.E. 2562 and relevant laws and therefore introduces this Personal Data Protection Data Policy to ensure the Company’s compliance with laws and international standards on personal data protection. In addition, the Company has established rules for the protection of personal data of data subjects and has implemented effective and appropriate measures for addressing any violations of the rights of data subjects

  2. Scope of enforcement and application

    The scope of enforcement and application of the Personal Data Protection Policy prepared in accordance with the Personal Data Protection Act B.E. 2562 and relevant laws covers all processing of personal data performed by the Company, as well as any person who comes into contact with personal data because it is related to the Company's operations and must therefore comply with this Personal Data Protection Policy and the legal framework. , which is subject to the contractual clauses, rules, and terms of the Company’s services and products, e.g., websites, mobile applications, documents, or any other services under the control of the Company (“Services”).

    The categories of personal data, which are processed by the Company, will include the followings

    1) Customers who are a natural person

    2) Staffs, responsible officers, or employees.

    3) Trading partners or service providers who are a natural person

    4) Directors, authorized persons, representatives, agents, shareholders, employees of a company, or any other persons who are related to a juristic person having business relationship with the Company.

    5) Users of products or services of the Company.

    6) Visitors or users of websites, mobile applications, devices of the Company, or any other communication channels that are controlled by the Company.

    7) Persons whose personal data are collected by the Company such as job applicants, family members of the Company’s staffs, guarantors, beneficiaries of insurance policies.

    Item 1) to 7) will be referred to as “data subject”

    Apart from this Privacy Policy, the Company may establish a privacy notice ("Privacy Notice”) which will be implemented for particular services, products, or processing activities under legal arrangements or rules of the Company, so as to inform the data subjects of how their personal data is processed, the purposes of processing activities, the data retention period, as well as the rights of data subject under applicable laws. If there is a conflict between the terms stated in the Privacy Notice and the Privacy Policy, the terms of the Privacy Notice must apply.

    With respect to personal data collected prior to the introduction of the Personal Data Protection Act B.E. 2562, the Company is enabled to continue collecting and using the personal data for the initial purposes. Any disclosures and acts other than the collection and use of personal data must be in compliance with the Personal Data Protection Act B.E. 2562 and other relevant laws

  3. Definitions

    “Personal Data Protection Policy” means the policy that the Company has established to make the data subject aware of the Company’s processing of data and a number of relevant issues as stipulated by the Personal Data Protection Act B.E. 2562 and relevant laws

    “Personal Data” means any information relating to an identifiable person, either directly or indirectly, but excluding the information of a deceased person in particular.

    “Sensitive Data” means personal information relating to race, ethnicity, political opinion, belief, religion or philosophy, sexual orientation, criminal record, health information, disability, labour union information, genetic data, biological data, or any other data which may impact the data subject in a similar manner, as stipulated in the Personal Data Protection Committee’s announcements

    “Processing” means the collection, use, or disclosure of personal data

    “Data Subject” means an individual who is the owner of personal data.

    “Data Controller” means a person or juristic person with power and duties to make a decision regarding the collection, use or disclosure of personal data, including any references in data protection laws having or conveying the same or similar meaning as Data Controller

    “Data Processor” means a person or juristic person who processes, collects, uses or discloses personal data in accordance with an order of or on behalf of the Data Controller, including any references in data protection laws having or conveying the same or similar meaning as Data Processor. The person or the juristic person engaging in those procedures is not the Data Controller

    “Cookies” means small, temporary files collecting personal data that it is necessary to install on the computer of the data subject only for convenience and facilitation of communication while gaining access to a website

  4. Personal Data Collection

      The Company’s collection of personal data (such as specific personal information, information related to personal life or personal interests, financial information, sensitive personal information) is to be based on the following sources and principles:

      4.1 Sources of personal data

      The Company may receive personal data from 2 channels as follows:

      4.2.1 Collection from the data subjects, for example, collection of personal data from filling out personal information in application forms, either in paper form or online, responses to surveys conducted by the Company, recruitment process, the signing of contracts or documents, or the data subject’s communication with the Company via the specified channels. Collection from the data subjects who access or use websites, software, or applications under service agreements such as behavior tracking on websites, products, or services of the Company by using cookies technology or software on a data subject’s personal device. Collection from social media providers or third-party account providers where a data subject provides permission to share his/her personal data with the Company when linking his/her third-party account with the Company’s services. In this case, the personal data shared with the Company will be based on a data subject’s setting and third-party providers’ privacy policies. Collection from sources other than the data subjects, where the Company are eligible for collecting from such sources or is authorized by the data subject for the collection for example, searches for personal data via a website or inquiries made by third parties, or the disclosure made by the affiliates, group companies, business partners or third parties of the Company for fulfilling the purposes as specified in this Privacy Policy. . In these cases, the Company will notify data subjects of the personal data collection without delay, but not more than 30 (thirty) days from the date the Company collects personal data from such sources, and request consent to collect the personal data from the data subjects, except where exempted by law from the need to request consent from or notify the data subject

      Examples of types or categories of personal data that the Company may collect are as follows:

      Description and Examples
      Specific Personal Information
      Title, name, identification number or passport number, nationality, information of household registration, information of driving license, signature, social security number, or any official documents identifying an identity of a person.
      Information Relating to Personal Characteristics
      Date of birth, gender, height, weight, marital status, status of military service, photograph, spoken language, information relating to a person who is declared bankrupt, quasi-incompetent or incompetent etc.
      Contact Information
      House phone number, mobile phone number, fax number, email, mailing address, social media account (an account of social media website/application, e.g., Line, Facebook, Apple, Google, or Microsoft) residential location etc.
      Information Relating to Educational Backgrounds and Work Experience
      Employment background, including work experience, and educational background, e.g., types of employment, profession, rank, position, role and responsibility, proficiency, status of professional license, information of referee, emergency contact person, tax identification number, professional appointment, employment history, salary information, start date and end date of employment, performance appraisal, welfare and benefits, properties possessed by an employee, career achievement, bank account number, educational institutions, academic degree, academic transcript, graduation date, information relating to workplace attendance and work attendance.
      Information Relating to Insurance Policies
      Details of an insurance policy, e.g., a name of an insurer, an insured person, and a beneficiary, insurance policy number, types of insurance policy, sum insured, claims history.
      Information Relating to Social Relation
      Details relating to the data subject’s social relationship, e.g., political status, political position, information relating to the conflict of interest with the Company.
      Information Relating to Service Access
      Details of a product or a service, e.g., user account, password, PIN code, OTP code, traffic data, location data, photograph, video recording, voice recording, behavioral data, search history, cookies or similar technologies, device ID, types of devices, connection information, browsing history, system language, operating system.
      Financial Information and Transaction History
      Financial information, information relating to financial performance, or financial records, e.g., savings account number, transaction records, credit history, income tax return form, pay slip, records of utility bill payment, information relating to the possession of assets or properties.
      Information Relating to Vehicles
      Information and details relating to vehicles and vehicle registration, e.g., license plate number, vehicle identification number (VIN), registration data, GPS data.
      Sensitive Personal Information
      Sensitive data, e.g., information on race, religion, disability, political opinion, criminal record, biometric data (such as facial recognition data, fingerprint data), health data.
      Data analysis relating to marketing statistics of data subjects, CCTV footage, conversations and communications by telephone or electronic equipment etc.

      4.2 Principles of personal data collection

      4.2.1 Legal bases for the collection of personal data

      The Company will apply the legal basis to the collection of personal data as appropriate and in accordance with the nature of service, contractual obligations as well as legal obligations. The principal legal bases on which the Company may rely are follows

      Legal Basis for Processing
      Performance of Contract
      Allowing the Company to enter into an agreement with a data subject and to perform the party’s contractual obligations subject to the agreement, e.g., a loan agreement, a service agreement, an employment agreement, an agency agreement, a hire of work agreement, including as necessary for providing services by the Company, e.g., the facilitation of entering into an insurance agreement with an insurance company, or entering into an agreement with a buyer on the Company’s marketplace platform.
      Legal Obligation
      Allowing the Company to comply with applicable laws, e.g., Taxation Law, Law on Anti-Money Laundering, Organic Act on Anti-Corruption, Law on Labor Protection, Law on Insurance, including complying with court orders.
      Legitimate Interests
      For any purposes that are of the Company’s legitimate interests and third parties, where the importance of such interests overrides the fundamental rights of a data subject and it is reasonably expected by a data subject, e.g., identity verification and identification process, the facilitation of service access, the offer of products and services classified in the same service types as being used by the customer, fraud prevention, security surveillance of the Company, the development and improvement of operational processes and internal workflows, the internal governance of the Company’s affiliates and group companies, including for the purpose of risk management, compliance and internal control, and organizational management.
      Prevention or Suppression of a Danger to Life, Body, or Health of a Person.
      Preventing or suppressing a danger to a data subject’s life, body, or health, e.g., the communication with an emergency contact person in case where a data subject is unconscious, the prevention of epidemic disease.
      Consent of a Data Subject
      Allowing the Company to collect, use, and disclose personal data for processing activities that require consent of the data subjects, and the Company has already informed them of the purposes of collection, usage, and disclosure prior to or at the moment of obtaining consent, e.g., for the purposes of offering and advertising services or products of the Company’s affiliates and group companies, target advertising, collecting sensitive data, which is not subject to the exception of law.

      The Company may consider relying on any legal bases for processing other than those prescribed above to the extent that it is lawfully permitted under the legal requirements.

      4.2.2 The Company will only collect personal data that is necessary for the operations of the Company. However, the purposes for which the Company processes personal data may differ by case, and can be exemplified as follows:

      Purpose of Processing
      To take steps at the request of the data subject prior to entering into a contract and to perform the contractual obligations between the Company and the data subject.
      Processing of personal data for the purposes of the access to the Company’s services or entering into an agreement with the Company, for example,
      • Using an insurance product offered by the Company as an insurance broker
      • Using a product or service provided under the KINTO trademark/service mark.
      • Using the Toyota Wallet service.
      • Using e-commerce services such as Gurumalist, ShopSabuy.
      To identify and verify the identity of a person.
      Verification process of the data subject’s identity prior to accessing services or entering into contracts with the specified methods by the Company or identification process of identity for making transactions as well as verifying the validity of data subject’s signature.
      To provide answers to the customer's inquiries and to provide assistance to customers.
      Providing assistance to customers in relation to service access, e.g., providing information regarding the process of personal information update, payment methods, credit history, or submitting a request for exercising of the data subject’s rights or a request for complaint.
      To provide information regarding products, services, or marketing publicity
      Offering customer products or services, special offers, benefits, and promotions by the Company, including offering products or services by its affiliates, group companies and business partners through the communication channels received from customers
      To develop and improve products and services.
      Conduct of marketing research, marketing analysis, and the development of products or services of the Company and its affiliates and group companies for better response to the customers and suit their demands.
      To conduct data analytics.
      Conduct of data analytics for any interests under the lawful purposes, e.g., the development of products and services of the Company and its affiliates and group companies, organizational risk management, fraud prevention.
      To inspect and improve technology systems.
      Conduct of inspection and improvement of the Company’s technology systems in alignment with international standards and relevant regulations, e.g., the maintenance of security system, the inspection of technology systems, penetration test.
      To investigate and prevent the violation of law.
      Conduct of an investigation or any action to prevent any unlawful acts against the applicable law or any security breach having an impact to the Company and the data subjects.
      To comply with applicable laws relating to the Company’s operations.
      For the purposes of compliance with laws and regulations relating to the Company’s businesses, e.g., the remittance of withholding tax under the Revenue Code, the procedures of customer due diligence under the Anti-Money Laundering Law, regulations relating to insurance brokerage business, the Debt Collection Law, the Consumer Protection Law.
      To provide information to government agencies as required by law or as requested by authority bodies.
      Providing and clarifying information to regulators and lawful authorities or government agencies related to the Company’s business, e.g., the Office of Insurance Commission, the Bank of Thailand.
      For the interests of the internal management of organization.
      For the purposes of internal management within the organization in several matters, e.g., monitoring the compliance with the governance principles and code of conduct of the Company and its affiliates and group companies, organizational risk management, prevention of corruption and bribery in the organization.
      For the interests of human resource management.
      For the purposes of human resource management of the Company and its affiliates and group companies, e.g., recruitment process, criminal record check, wage and remuneration payment for employees, provision of employee’s welfare, appraisal of work performance or employee’s performance, review of employee’s performance, provision of insurance coverage to employees, prevention of infectious disease and epidemic disease, the compliance with the Occupational Safety, Health, and Environment Act, the compliance with the Civil Law on Partnerships and Companies.
      For the purposes of conducting transactions by the Company.
      For the purposes of conducting the transactions relating to the Company’s businesses, e.g., disposition of assets, procurement process, acquisition of business capital funds from domestic and overseas sources, securitization, the issuance of debt instruments, business transfer.
      For the purposes of establishment of legal rights and legal proceeding.
      For the purposes of dispute resolutions and judicial procedures, including the compliance with subpoenas, court orders, or arbitration awards.

      4.2.3 The Company will collect personal data only as long as necessary for the fulfilment of the purposes in accordance with applicable laws, with data subjects notified prior to or at the time of collection of personal data. The Company shall obtain explicit consent from data subjects prior to or at the time of collection of personal data, except under the applicable law allows the Company to collect personal data without requesting consent.

      4.2.4 In case where it is necessary for the data subject to provide the Personal Data for the purpose of the compliance with applicable law or the performance of contract, or it is necessary for entering into the contract or any other purposes, a refusal of presenting the Personal Data may affect a transaction or any other activities relating to the data subject being suspended or ceased as required by business operation or laws, unless the data subject provides such data to the Company. In this case, the Company is no longer capable of carrying out such processing activity or is not lawfully permitted under the applicable to conduct the transaction or such activity.

      4.2.5 For the processing that requires consent, if the data subject decides not to provide it, no process of personal data will be carried out. The refusal to provide the consent will have no consequence on the subscription and execution of the contract between the data subject and the Company, nor will there be any negative consequence against the data subject, except where it is required by law to merely obtain consent for the processing activity. Moreover, the consent provided may be withdrawn at any time as easily as it was given. The withdrawal of consent shall not affect, in any case, the lawfulness of the processing carried out until that moment.

      4.2.6 When collecting sensitive personal data, if it is not subject to the exceptions of law, the Company will obtain explicit consent from data subjects prior to or at the time of collection, in accordance with the Company's rules and in compliance with applicable laws. A data subject’s refusal to provide a consent may give rise to the restriction on access to certain services, which cannot rely on any other lawful basis than obtaining an explicit consent for processing of sensitive personal data.

      4.2.7 Personal data of minors, incompetent persons, and quasi-incompetent persons When collecting personal data of a minor, incompetent person, or quasi-incompetent person which requires consent, the Company will not carry out any processing of such person’s personal data, unless consented by the guardian who legally acts on behalf of the minor, incompetent person, or quasi-incompetent person, as the case may be, to the extent that it is permitted by the requirements of applicable law. If the Company is not knowingly aware that the data subject is the minor, incompetent person, or quasi-incompetent person, and it is found later that the collection of personal data has proceeded without legally obtaining consent form the guardian of such person, the Company will destroy or erase such personal data without delay, provided that there is no longer any other legitimate ground to rely on than the consent for data processing.

  5. Use and disclosure of personal data

    5.1 Core principles

    The use and disclosure of personal data by the Company shall be in compliance with the purposes and principles stated in Section 45.2 Principles of personal data collection. The Company may disclose personal data to agencies or third parties with the consent of the data subjects only to the extent that it is necessary to do so, unless such disclosure is permitted by law. Personal data may be disclosed to third parties organizations or government agencies as follows:

      (1) Affiliates or group companies
      (2) Contractual parties, service providers and business partners of the Company such as companies in the automotive manufacturing industry, companies in the finance and banking industry, companies in the insurance industry, companies in medical and healthcare industry, companies in the tourism industry, technology service providers, e-commerce companies, and vehicle rental companies.companies in the insurance business
      (3) Distributors or vehicle dealers
      (4) Agencies responsible for credit information
      (5) Banks
      (6) Government agencies with legal authority such the Office of Insurance Commission, the Social Security Office, the Revenue Department, the Legal Execution Department and courts
      (7) Other agencies or organisationsorganizations who are or may be involved in the business operations of the Company, such as the Bank of Thailand

    For the further details regarding the list of the Company’s affiliates and group companies, business partners, and third parties to which data subject’s personal data may be disclosed, please click here.

  6. Period for personal data retention

    The duration for which the Company stores personal data will be either one of the following:

    6.1 Personal data will be kept for the periods stipulated by laws specifically relevant to retention of personal data such as the Accounting Act B.E. 2543 (2000), Anti-Money Laundering Act, B.E. 2542 (1999), Act on Commission of Offences Relating to Computer, B.E. 2550 (2007) and the Revenue Code.

    6.2 In cases where the retention period for personal data is not specified by relevant laws, the Company will determine the period necessary and appropriate for its operations

    At the end of such period or when the processing is no longer necessary, the Company shall delete, destroy, or anonymize the personal data

  7. Transmission or transfer of personal data to other countries

    The Company may transfer or transmit personal data collected from data subjects to its affiliates, group companies, or service providers located outside Thailand, e.g., the cloud computing servicers having servers located abroad (Singapore or Japan etc.), data processors, and Platform-as-a -Service providers (PaaS providers), for the purposes as stated in this Privacy Policy. In this regard, the Company for the purposes as stated in this Privacy Policy and will ensure that the destination country has sufficient personal data protection standards

    However, in cases where that the destination country does not have sufficient personal data protection standards, The Company will take appropriate measures to ensure that the transmission or transfer of such personal data will be proceeded with sufficient and appropriate safeguards pursuant to the Personal Data Protection Act B.E. 2562 and relevant laws

  8. Rights of Data subjects

    This policy is established to assure data subjects that they can exercise the following rights available to them under the Personal Data Protection Act, B.E.2562 (2019) and relevant laws

    (1) Right to withdraw consent: The data subjects have the right to withdraw their consent for the processing of personal data that they have given to the Company throughout the period in which the personal data is kept by the Company.

    (2) Right of access: The data subjects have the right to access their personal data and request the Company to make a copy of such data, including the right to ask the Company to disclose any acquisitions of their personal data for which consent has not been given.

    (3) Right to rectification: The data subjects have the right to request the Company to rectify incorrect or incomplete data.

    (4) Right to erasure: The data subjects have the right to request the Company to delete their personal data for certain reasons.

    (5) Right to restriction of processing: The data subjects have the right to request the Company to restrict the use of their personal data for certain reasons.

    (6) Right to data portability: The data subjects have the right to transfer personal data that they have provided to the Company to other Data Controllers or themselves for certain reasons.

    (7) Right to object: The data subjects have the right to object to the processing of their personal data for certain reasons.

    However, the Company may refuse the exercise of the above rights by the data subjects, provided that the rejection is in accordance with the Company’s rules that are not in violation of the law.

    The data subject is entitled to exercise the above rights by sending a request to the Company through the contact channels. The Company will respond to the data subject’s request not later than 30 (thirty) days as from the date of receiving the request. In the event that the Company rejects a request, it will notify the data subject of the reason for the rejection

    The data subject has the right to file a complaint to the supervisory authority in case where the Data Controller or the Data Processor, including its employees or service providers violates the Personal Data Protection Act B.E. 2562, or relevant laws

  9. Personal data security

    The Company has established appropriate personal data security measures to prevent the loss of, unauthorized and unlawful access to, and the use, modification, correction or disclosure of personal data in accordance with the Company's policies, procedures for information security, and applicable law.

    In case where the Company has engaged an agency or a third party to perform work related to the collection, use or disclosure of personal data of the data subjects, it will require the agency or the third party to keep the personal data confidential and secure, and to prevent the collection, use or disclosure of such personal data for any purposes other than specified in the scope of engagement or for any unlawful purposes.

  10. EU/EEA personal data

    If there is the transfer of personal data relating to data subjects in the European Union or European Economic Area (“EU/EEA”) to the Company for which it is necessary to perform the Company’s services aThe Company will ensure that such a transfer will be compliant with the General Data Protection Regulation (“GDPR”), e.g., the transfer of personal data under the Standard Contract Clause (SCCs) or the Binding Corporate Rules (BCRs). Additionally, the Company will take appropriate measures to facilitate the exercise of data subject’ rights and effective legal remedies for the data subjects under the applicable regulations

    In case of making a request for exercising the data subject’s rights or lodging a complaint in relation to a compliance issue, the data subject in the EU/EEA can contact the Company’s data protection officer or the EU representative as specified in Section 15 Contact information or may lodge a complaint to the competent supervisory authority in EU/EEA.

  11. Linking to third parties’ websites or services

    The Company’s services may be linked to third parties’ websites or services, where the terms of privacy policy will be different from the Privacy Policy of the Company. Therefore, the data subject must read and study the privacy policy of such website or service prior to any access. The Company will not be involved in or have any authorization to control the privacy policy of third party’s website or service and will not be responsible for any content, damage, or action as a result of accessing to such website or service

  12. Third-party servicers or sub-servicers

    The Company may delegate or engage a third party (as a data processor) to process personal data on the Company’s behalf, where the services performed by such third party may vary in types, e.g., hosting services, outsourcing services, cloud computing services, IT system services, support services, or internal management services (such as the operational process relating to vehicle registration, debt collection, customer information service, payroll management, conduct of surveys, customer data analysis)

    Any delegation to a third party for processing personal data on the Company’s behalf, as the data processor, the Company will require such third party to enter into an agreement specifying the obligations and duties of the contract parties. Thus, the third party will act as the data processor which carries out processing activities of personal data only under the Company’s instruction and is not allowed to proceed further than the authorized scope of such agreement with the Company

    In case where the data processor delegates any sub-servicer (as a sub data processor) to perform the processing activities on the data sub processor’s behalf, the Company will take appropriate steps to require the data processor to execute the legal arrangement with such sub data processor in which the requirements and standards must not be less than those prescribed in the agreement between the Company and the data processor

  13. Global KINTO ID

    13.1 When accessing Global KINTO ID services across the regions, the personal data provided by a data subject will be stored in the database , owned by the data controllers , where they jointly process a data subject’s personal data. For further details of how Global KINTO ID services use a data subject’s personal data, please see the Privacy Policy of KINTO Global.

    13.2 A data subject’s account will be automatically authenticated through the Global KINTO ID Platform – an authorisationauthorization system for account verification - which requires no further action on a data subject’s part. If a data subject does not wish to proceed with authentication through the Global KINTO ID Platform, one will not be able to proceed with registration and access to the services relating to KINTO offered by the Company will not be successful.

    13.3 To guarantee the correct provision in Thailand of the services provided by the Company, a data subject’s personal data will be duplicated and stored, together with the usage data of each service, in a database of the Company, where appropriate security measures are in place.

    For more information about using Global KINTO’s services, please see the terms and conditions of a local service provider in a data subject’s region, available on its website or mobile application

  14. Policy review and improvement

    The Company shall review and update this policy at least once a year, or when any change with a significant impact on the policy occurs

  15. Contact information
    Details of Data Controller
    Toyota Insurance Broker Co., Ltd.
    No. 123, 32nd Fl. Suntower Building A, Vibhavadi Rangsit Road, Chompon, Chatuchak, Bangkok, 10900
    Channels of contact:
    ช่องทางติดต่อ หรือ รับข่าวสารอื่น ๆ : อาทิ LINE@ และ Facebook ของบริษัทฯ
    Details of Data Protection Officer
    Group of Data Protection Officer
    No. 990, 18th, 19th Fl. Abdulrahim Building, Rama 4 Road, Silom, Bangrak, Bangkok 10500
    Channels of contact:
    รายละเอียดตัวแทนที่อยู่ในสหภาพยุโรป (EU Representative)
    KINTO Italia S.p.A. (KINTO Italia)
    Via Kiiciro Toyoda, 2, 00148, Rome, RM, Italy
    Channels of contact:
    +39 (0) 6 548981