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Application and Services User Privacy Policy Of Iyuno Group (Thailand) Co., Ltd

This document contains information on the principles of processing Personal Data of the User of Services, available on the Application and/or Website, and the principles of using the so-called cookies. Knowing this Privacy Policy, you receive information concerning who is the data controller for your Personal Data, what kind of Personal Data we collect and for what purposes, what is the legal basis for their processing, who will be shared and how long we will store for and what rights you have in relation to the provision of your Personal Data as part of the Services.

We provide the User of the Services with full respect for their privacy and protection of their Personal Data in accordance with the GDPR and PDPA. We emphasize that registration for the Services use is voluntary, thus when registering in the Application, the User shall be deemed as providing a consent to process his Personal Data in accordance with the provisions of this Privacy Policy.

  1. General provisions
    1. Iyuno Group Unlimited (hereinafter: "Iyuno Group" or "Administrator""Iyuno Group"), as a data controller, will control processing of your Personal Data occurring while providing the Services. Iyuno Group appointed an inspector of the Personal Data protection.
  2. Definitions
    1. The terms used in this Privacy Policy shall have the following meanings:
      1. User – means:
        1. An adult natural person interested in professional participation in the Production process by way of using the Application and/or Website, in particular as: a teacher, actor, vocalist, director, sound engineer, translator, or
        2. An adult natural person who is a statutory representative of a child who is under 20 years of age, interested in the professional participation of his child or in the production process by way of using the Application and/or Website, in particular as: a teacher, actor, vocalist, director, sound engineer, translator
      2. Statutory Representative – – a parent exercising parental authority or a guardian who takes care of a child who is under 20 years of age, entitled to represent a child /ward.
      3. Application – a mobile application owned by Iyuno Group named Produb available for Android and iOS
      4. Website – a Produb internet service based on the tele-information system available in the domain: https://th.produb.app/.
      5. Services – services provided by Iyuno Group to the User and Iyuno Group Client, available on the Application and/or Website, as described in item 3 of the Regulations.
      6. Mobile device – a portable electronic device that allows you to connect, download and send data over the Internet, without the need for a wired connection, in particular such as a smartphone and tablet.
      7. Regulations – regulations of the Produb application end-user license agreement, available at: https://th.produb.app/%E0%B8%82%E0%B9%89%E0%B8%AD%E0%B8%81%E0%B8%B3%E0%B8%AB%E0%B8%99%E0%B8%94%E0%B9%81%E0%B8%A5%E0%B8%B0%E0%B9%80%E0%B8%87%E0%B8%B7%E0%B9%88%E0%B8%AD%E0%B8%99%E0%B9%84%E0%B8%82.
      8. Privacy Policy - The documents notifying of the obligations of Iyuno Group, as a data controller, to protect the User’s right on the Personal Data in accordance with the PDPA.
      9. Iyuno Group Client – an entrepreneur (a natural person, a legal person or an organizational unit without legal personality) who is a customer of Iyuno Group, seeking the User who could perform work on or in connection with the Production organized by him. Iyuno Group client has access to the Application and/or Website, consisting in particular of the possibility of sharing Iyuno Group customer advertisements and reading their Profiles provided by the User.
      10. Production – a set of creative, organizational and technical activities carried out by Iyuno Group or by Iyuno Group Client, aimed at producing (in particular by sound or translation) a specific language version of a film, TV program, advertisement or a computer game.
      11. Offer – an offer made by the User on the terms specified in item 6.a. of Regulations.
      12. Announcement of Iyuno Group / Iyuno Group Client – information made available in the Application by the Iyuno Group or the Iyuno Group Client about the fact that he is looking for certain User in order to place the Order. Announcement of Iyuno Group / Iyuno Group Client contains general information about the Production, such as types of the Production and the date of commencement and completion of work on Production, requirements towards the User. The Iyuno Group / Iyuno Group Client's advertisement may also contain additional information such as salary.
      13. Profile – a space in the Iyuno Group’s system made available to the Statutory Representative to enable him to enter, store, share and edit his or her child's data / wardees indicated in the registration form referred to in item 3 below, such as name, date of birth, number phone number, type of work (lector, actor, translator, etc.), professional experience and more.
      14. Order – civil law contract, particularly, contract for a work or contract for the provision of services, entered by the User and Iyuno Group, or the Iyuno Group Client, the subject of which is the performance of specific works by the User in the Production process.
      15. Preliminary Agreement on the Transfer of Rights - a preliminary agreement on the transfer of proprietary copyrights or related rights on works created by the User, or a child of the User representing the User as part of the Order, which imposes an obligation on the User to conclude the Agreement on the Transfer of Rights.
      16. Agreement on the Transfer of Rights – final agreement concluded in the performance of the Preliminary Transfer Agreement.
      17. Profiling – an automatic system or manual using the User’s Profile with Announcements of Iyuno Group / the Iyuno Group Client, as described in item 5.a. of Regulations.
      18. Personal Data – means information or identifiers relating to a person - ("Data Subject"), the type and categories of which are defined further in item 3 below.
      19. GDPR – means Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals, with regard to the processing of Personal Data and on the free movement of such data and the repeal of Directive 95/46 / EC.
      20. PDPA – means Thailand regulations on the Personal Data privacy promulgated on 24th May B.E.2562.
      21. Recipient – means a natural or legal person, public body, unit or other entity to whom Personal Information is disclosed.
      22. Expert Committee – A committee appointed by the committee of data protection under the PDPA, responsible for considering and mediating any claims/disputes arisen from the PDPA.
    2. The term used in this Privacy Policy, which is not defined in item 2 (a) above, should be interpreted in accordance with the meaning given in the relevant provisions of the GDPR and the PDPA.
  3. Types of Personal Data we process.
    1. Personal Data provided when the User, excluding the Statutory Representatives, registers in the Application or Website in order to use the Services:
      1. name
      2. date of birth,
      3. city of residence,
      4. sex,
      5. Phone number,
      6. e-mail address,
      7. type of work,
      8. professional experience (including achievements, career progression),
      9. education
      10. profile picture (if any)
    2. Personal Data provided by a user Statutory Representative registers in the Application or Website in order to use the Services:
      1. name of Statutory Representative and a child / ward
      2. date of birth of a child / ward,
      3. city of residence of a child / ward,
      4. gender of a child / ward,
      5. phone number of a Statutory Representative,
      6. e-mail address of a Statutory Representative,
      7. types of work performed by a child / ward,
      8. professional experience (including achievements, course of previous professional work) of the child / ward,
      9. education of a child / ward
      10. knowledge of foreign languages of the child / ward. Profile picture of a child / ward (optionally).
    3. The User’s IP address
    4. Cookies or the User’s usage history of the Application/Website, including but not limited to the User’s activities in relation to the Services.
  4. Purpose and legal basis of processing your Personal Data.
    1. The User's Personal Data, contained in the Application or the Website, is processed on the basis of the law in force in Thailand, in particular, the PDPA.
    2. The User's Personal Data provided in the registration process referred to item 3 above shall be processed for the purposes of:
      1. concluding an agreement with Iyuno Group whose subject matter is the provision of the Services by Iyuno Group to the User, including Profiling.
      2. allowing the User to submit an Offer and conclude an Order.
      3. arrangement of financial and accounting report in the case when the Order is concluded, and in order to file any claims related to the execution of the concluded Order.
      4. sending marketing messages regarding Iyuno Group or trusted Iyuno Group partners, including the Iyuno Group clients.
      5. profiling the User’s behavioral characteristics in order to assess and summarize consumer data for marketing purposes.
    3. The legal basis for the processing of Personal Data specified in item 3 above is:
      1. in the case of concluding an agreement for providing Services to the User - their indispensability to perform this contract or to take action upon the request of the User before concluding a contract with Iyuno Group.
      2. in the case of the User submitting the Offer and conclusion of the Preliminary Transfer Agreement/the Agreement on the Transfer of Rights/ the Order - their necessity to perform the Preliminary Transfer Agreement, the Agreement on the Transfer of Rights and the Order or take actions upon the User's request prior to the submitting of the Offer or conclusion of the Preliminary Transfer Agreement/ the Agreement on the Transfer of Rights/ the Order
      3. in the case of financial and accounting settlements regarding the Order concluded with Iyuno Group - fulfillment of the legal obligations incumbent on Iyuno Group resulting from the provisions of tax law,
      4. in the case of storing Personal Data after termination or performance of the contract regarding the Services provided, made between Iyuno Group and the User, or the Order concluded by Iyuno Group- concerning legally legitimate interest pursued by Iyuno Group including the possibility of seeking any claims related to the performance of this Privacy Policy or the Order.
      5. in the case of sending marketing messages as a direct marketing or profiling for the statistical information for the Services development– a consent provided by the User.
  5. Rights of the User
    1. Right to withdraw consent

      Where the legal basis of the processing is a consent, the User shall have a right to withdraw its consent to processing Personal Data at any time while it is in the possession of Iyuno Group.

      Providing Personal Data is voluntary, but (due to the rules of operation and the nature of the Application/Website) necessary to conclude an agreement with Iyuno Group whose object is to provide the Services to the User, and to conclude the Order with Iyuno Group, or the Iyuno Group Client. Refusal to provide the Personal Data may result in the inability to enjoy the Services, both in the Application and/or the Website, or inability to conclude the Order.

    2. Right of access and review

      The User shall have a right to access his Personal Data and requesting for a copy of his Personal Data at any time, and also is entitled to request Iyuno Group to amend his Personal Data.

    3. Right to erase

      Under certain circumstances, the User shall hold a right to request for an erasure of his Personal Data.

    4. Right to object to the use of Personal Data

      Under certain circumstances, the User shall hold a right to request that the processing of your Personal Data cease.

    5. Right to data portability

      Under certain circumstances, the User shall have a right to transfer his Personal Data to other data controllers by himself or request Iyuno Group to proceed as such.

    In order to exercise the above rights, please send a request email to gdpr@iyuno.com. In case the Iyuno Group refuses/ does not proceed upon request, the User shall have the right to lodge a complaint to the Expert Committee of the PDPA.

  6. Providing Personal Data
    1. The User’s Personal Data will be secured by our credible measures and will be disclosed to the data controllers except for the following events:
      1. The User's personal data is shared to:
        1. Iyuno Group Client using the Application or the Website.
        2. other applications or services participating in the same Production, limited to the Personal Data of name, work (lector, actor, etc.) and profile photography (if any).
        3. Third party cookie, Google Analytics, as an analytical software. (please find more details in item 8.)
      2. The Iyuno Group Client, to which Iyuno Group has provided the User's Personal Data, shall process such data on the purposes and means as informed to the Iyuno Group at the time of receiving the data. However, Iyuno Group Client, as another data controller of the User's Personal Data, is also responsible for the securing and processing Personal Data independently and in accordance with the the PDPA.
    Iyuno Group will not transfer, sell, lend or otherwise make the User's Personal Data available to third parties, except for abovementioned events, or in the event that Iyuno Group receives a relevant request from state authorities operating within its competent boundaries.
  7. Storage of Personal Data. Rights of Data Actors Profiling
    1. The Users' personal data referred to in item 3 above will be stored by Iyuno Group:
      1. Until the User deletes his Profile, unless the User delete his Personal Data in order to establish or continue cooperation with Iyuno Group ia or Iyuno Group Client by omitting the Application and the Website, or send marketing messages.;
      2. over the period of prescription of possible claims related to the agreement of providing the Services or the Order concluded with Iyuno Group, or for the period of storing accounting documents or accounting documents related to such order, resulting from generally applicable regulations, depending on which of these periods will be longer.
    2. After the retention period of the User’s Personal Data referred in item 7 (a) above, Personal Data will be permanently deleted or anonymized (i.e. permanent and irreversible transformation of Personal Data in such a way that it is not possible to assign information to a specific natural person).
    3. If the Iyuno Group has Personal Data provided by the User with a consent, referred in item 3 above, it may make decisions in a partially automated manner as part of Profiling. Such decisions are made on the basis of a computer algorithm used by Iyuno Group, and then verified by authorized employees of Iyuno Group and have an impact on which Iyuno Group and Iyuno Group Client Adverts are visible to the User.
  8. Cookies
    1. The Services uses so-called cookies (cookies). These files are saved in the User's Mobile Device or other terminal device by the Website server and provide, among others, statistical data about the User's activity. The User may at any time withdraw the option of accepting cookies, although he must be aware that in some cases disconnecting these files may affect the difficulties in using the application. The Website uses the following types of cookies:
      1. used to authorize login sessions;
      2. designed to create statistics and analyze the user's activity.
    2. Iyuno Group also uses the third parties (Google Analytics) as an analytical software which places in the Mobile Device or other terminal equipment of the User codes enabling collection of the User’s data.
    3. Detailed information about the possibilities and ways of handling cookies are available in the software settings used by the User (from the level of the web browser). Failure to change the cookie settings means that they will be included in the User's mobile device or end device.
  9. Final Provisions
    1. The privacy policy comes into force on November 20, 2018.
    2. Iyuno Group is entitled to make changes to the provisions of this Privacy Policy, by giving notice to the User prior to making any changes, in particular, for following cases:
      1. extension or modification of the functionality of the Application or the Website;
      2. introducing new services or changing the scope of the Services (i.e. introducing payment for some or all of the service fee);
      3. changing its technical requirements necessary for the operation of the Application or the Website, changes in the technical conditions of providing the Services, occurrence of new types of risk related to the provision of the Services;
      4. the need to adapt the Privacy Policy to the applicable law; and
      5. the need to adapt the Services provided or the content of the Privacy Policy due to relevant court decisions and administrative decisions, or to adapt the Privacy Policy to the best practices of the provision of the Services and protection of the Users.
    3. In the case of significant changes to this Privacy Policy, the User will be informed via e-mail address provided by the User when registering.
  10. Choice of laws

    This Privacy Policy is subject to the laws of Thailand without regarding to choice or conflicts of law principles. Further, the User agrees upon the jurisdiction of Thai Court to resolve any disputes, claims, or controversy that relate to the data privacy.

  11. Contact Information
      Iyuno Group could be reached by:
    1. Sending e-mail to the following address: gdpr@iyuno.com and info.th@iyuno.com
    2. Sending e-mail to the address of the Personal data protection officer: gdpr@iyuno.com and info.th@iyuno.com
    3. Sending mail to: Iyuno Group (Thailand) Co., Ltd. 341 Soi Ladprao 94, Ladprao Road, Plubpla, Wangthonglang, Bangkok 10310, Thailand, the addressee of the data controller.