Legal
Last updated on April 2023
BAAN DEK FOUNDATION WEBSITE LEGAL NOTICE
©Baan Dek Foundation 2023
All right reserved. Reproduction, adaptation, or translation of this website’s content without permission is prohibited except as allowed under international copyright laws. All the text, graphics, designs, content, and other elements are the copyrighted works of Kids Home Development Network Foundation (Baan Dek Foundation).
TERMS AND CONDITIONS OF USE
Welcome to Baan Dek Foundation’s website, www.baandekfoundation.org.
Use of this site is governed by the Terms and Conditions set forth below.
Please read these Terms and Conditions carefully before using this website. The information and materials provided by Baan Dek Foundation (hereafter referred to as “BDF”) may be used for informational purposes only.
By using, accessing, or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the BDF website, both now and in the future.
BDF may at any time revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Conditions of Use, do not use this website.
RESTRICTIONS
You may view, download, and copy information and materials available on this website solely for your personal and non-commercial use. You may also use these materials within your organization in connection with the support of BDF’s products.
As a condition of use, you agree not to modify or revise any materials in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies that you make.
No other use of the materials or information is authorized.
Any violation of the foregoing may result in civil and/or criminal liabilities.
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials available on or from this website are the property of BDF, and any unauthorized use of that information or materials may violate copyright, trademark, and other laws.
Any rights not expressly granted herein are reserved.
LINKS TO OTHER WEBSITES
As a convenience, and to make the Building Social Impact website truly service-oriented, we have included links to complementary websites. These sites are owned and operated by third parties.
BDF makes no representations and is not responsible for the content located on or through these third party sites, or its availability. A third party link on this website is not an indication that BDF endorses the third party or its website, or that there is any affiliation between BDF and the third party.
FEEDBACK
All comments, feedback, and information or materials submitted to BDF through or in association with this website shall be considered non-confidential and BDF’s property.
By submitting such comments, information, feedback, or materials to BDF, you indicate your non-signed consent of BDF’s worldwide rights to use, copy, modify, display, and distribute the submissions in any way it chooses, on an unrestricted basis.
DISLAIMER
BDF’s Team strives to provide you with useful, accurate, and timely information. Accordingly, BDF attempts to publish accurate, up-to-date information and materials on this website, but assumes no responsibility for the accuracy and completeness of the information or materials.
BDF may change any information or materials available on this website or the products described in them, at any time without notice.
However, BDF makes no commitment to update the information or materials available on this website which, as a result, may be out of date. Information or opinions expressed on bulletin boards or other online forums are not necessarily representative of BDF.
Neither BDF, nor its staff or affiliates, are responsible or liable for any loss, damage (including but not limited to, actual, consequential, or punitive), liability, claim, or any injury or causes related to or resulting from any information posted on BDF’s website.
BDF reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for periodically reviewing this page to ensure compliance with the current Terms and Conditions of Use, as they are binding to anyone who uses this website. Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages of this website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND BDF DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
TERMINATION OF USE
BDF may, in its sole discretion, terminate or suspend your access to all or part of its website, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation or breach of this agreement.
In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW, JURISDICTION AND VENUE
This agreement shall be governed by and construed in accordance with the laws of Thailand, exclusive of its choice of law principles.
The courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this agreement, and each party hereby consents to the jurisdiction and venue of such courts.
GENERAL PROVISIONS
If any provision of this agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.
This contains the entire agreement between you and BDF concerning your use of this site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding BDF’s Terms and Conditions of Use, please email: contact@baandekfoundation.org
PRIVACY POLICY
We appreciate your interest in our website and our foundation. We highly value your trust in us, and recognize both the importance of and obligation to treat your data with care, and protect that data from misuse or abuse.
We take the protection of your private data very seriously, and strictly adhere to relevant data protection legislation. In particular, as a Data Controller, we have taken all the measurements needed to comply with the new EU GDPR 2016/679 Regulation (EU) 2016/679 and following amendments on the protection of natural persons.
This privacy statement will inform you how we handle your data.
By using our website, you agree that the data you have provided may be stored, processed, or used by us within the scope of this privacy policy.
PERSONAL DATA PROTECTION INTRODUCTION
Baan Dek Foundation (the “Foundation,” “we,” “us,” or “our”) is committed to meet and uphold all obligations under the Personal Data Protection Act, B.E. 2562 (2019) and its sub-regulations issued hereunder (the “Personal Data Protection Laws”). This Privacy Notice (the “Privacy Notice”) will help you understand how we collect, use, disclosure, and/or otherwise process (collectively, the “process”) your Personal Data and explain your rights in connection with such Personal Data as well as your options to protect such Personal Data.
This Privacy Notice applies to data subjects involved with us, which may include the following external parties: (i) beneficiaries (including adults, workers, and children), nursery children, families, community members, and related persons; (ii) donors; (iii) service providers; (iv) vendors; (v) business partners; and (vi) any individuals related to our activities (collectively referred to as “you” or “your”).
All related parties should read and comprehend this Privacy Notice to understand how we process Personal Data. .
For the purpose of this Privacy Notice, “Personal Data” means any information relating to an identifiable living individual who can be identified from that data or from that data and other data. In addition to Personal Data, there are special categories of Personal Data called “Sensitive Data,” which means any Personal Data revealing racial, ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, and biometric data of a person.
If you have any questions or suggestions regarding this Privacy Notice or if you wish to exercise your rights in accordance with the Personal Data Protection Laws, you can contact us by using the contact details specified below:
Baan Dek Foundation
Official Address: 27 Moo 5 Soi 4, Chiang Mai - Doisaket Rd., T. Sanpranet, A. Sansai, Muang Chiang Mai, Chiang Mai 50210 tel. + 66 (0) 53 222 211 Email : contact@baandekfoundation.org]
BDF Data Protection Officer (DPO):
Mr. Werapong Peansupap, tel. + 66 (0) 53 222 211 Email : DPO@baandekfoundation.org]
WHAT PERSONAL DATA WE COLLECT
Personal Data
In case of beneficiaries, nursery children, families, community members, and related persons
We may collect Personal Data of beneficiaries, nursery children, families, community members, and related persons, including but not limited to the following categories:
identity data, such as full name, nickname, photograph, video, copy of birth certificate, health insurance card, copy of national ID card, national ID number, student ID number, copy of passport, passport ID number, or similar identifiers;
profile data, such as gender, age, birthdate, nationality, self-help skills for children, family background, education background;
contact data, such as address, telephone number;
employment data, such as occupation, salary;
financial data, such as debt, bank account, copy of bankbook; or
property data, such as vehicle.
In case of service providers and vendors
We may collect Personal Data of service providers and vendors, including but not limited to the following categories:
identity data, such as full name, national ID number, passport ID number, photograph;
profile data, such as gender, age, birthdate, nationality;
contact details, such as telephone number; or
financial data, such as bank account, copy of bankbook.
In case of donors
We may collect Personal Data of donors, including but not limited to the following categories:
identity data, such as full name, signature; or
contact details, such as telephone number, email.
In case of business partners
We may collect Personal Data of business partners, including but not limited to the following categories:
identity data, such as full name, photograph ;
contact details, such as email, telephone number; or
employment data, such as position.
Sensitive Data
In case of beneficiaries, nursery children, families, community members, and related persons
We may collect Sensitive Data of beneficiaries, nursery children, families, community members, and related persons, including but not limited to the following categories:
religious beliefs and blood group included in a copy of national ID card;
ethnic origin;
health data, such as vaccination records, special needs of children, health effects of domestic violence; or
criminal records, such as acts of domestic violence.
In case of service providers and vendors
We may collect religious beliefs and blood group included in a copy of national ID card of service providers and vendors.
HOW WE COLLECT YOUR PERSONAL DATA
In general, we may directly collect your Personal Data through the following processes:
when you contact us, whether in written or oral communications, and whether by face-to-face interaction or any other channels, such as email, telephone, website, social media, or other presences;
when you enter into a contract with us and perform the contractual obligations; or
when you provide goods or services to us.
However, we may indirectly collect your Personal Data in following cases:
when we collect it through the third parties, such as your contact persons, referrals, informants, domestic and international government or non-government agencies; or
when it is publicly available sources, such as public social media and website.
HOW WE PROCESS YOUR PERSONAL DATA
We may process your Personal Data for the specified Scope and Purposes (“Scope and Purposes”) as follow:
making contact with you;
entering into a contract with you;
registering you into our programs and providing assistance as needed;
processing payments;
processing beneficiaries compensation;
engaging with donors, fundraising, and raising awareness;
communicating to donors, partners, and public;
developing our PR strategy;
interacting with government or regulatory agencies or other authorities;
making other activities related to you; or
complying with applicable laws and regulations.
To process your Personal Data in accordance with the Scope and Purposes lawfully, we rely on the legal bases under the Personal Data Protection Laws. However, we may process your Personal Data for more than one legal basis depending on the specific Scope and Purpose for which we are using your Personal Data. The legal bases that we rely on include:
Contractual Basis
We are obligated to process your Personal Data to carry out the contractual obligations committed to you. These required Personal Data make up most of the data stated in Clause 3. If you withhold any of your Personal Data for the specified Scope and Purposes, we may not be able to fulfill our contractual obligations under the contracts made with you.
Legitimate Interests
In specific situations, we may require your Personal Data to achieve our or any third parties’ legitimate interests, provided that such legitimate interests do not override your interests and fundamental rights and freedoms.
Legal Obligation
We are obligated to process your Personal Data according to any legal obligations and requirements, including but not limited to providing your Personal Data to relevant government agencies, such as Ministry of Social Development and Human Security. If you withhold any of your Personal Data for the specified Scope and Purposes, there might be consequences under applicable laws.
Consent
In some circumstances, we may require your explicit consent to process your Personal Data or Sensitive Data. In requesting your consent, we will comply with the requirements of the Personal Data Protection Laws.
Substantial Public Interest
In some circumstances, we may be required to process your Sensitive Data for reasons of substantial public interest by providing the suitable measures to protect your fundamental rights and interest.
DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
We may disclose your Personal Data to external organisations in accordance with the Scope and Purposes and the legal bases specified in Clause 4. These organisations may include:
business partners;
donors;
social media platforms;
service providers, such as information technology and cloud service providers and auditing and accounting service providers; or
government agencies, such as the Ministry of Social Development and Human Security.
In the disclosure of Personal Data, we ensure that appropriate security measures, such as confidentiality arrangements, are put in place to protect your Personal Data as required by applicable laws.
TRANSFER OF PERSONAL DATA TO FOREIGN COUNTRIES
For the Scope and Purposes mentioned above in this Privacy Notice, we may transfer your Personal Data to third parties or servers in another country, which the data recipient country may not have the same data protection standards as Thailand. In addition, we ensure that the transfer complies with the Personal Data Protection Laws.
DATA RETENTION PERIOD
We will retain your Personal Data for as long as it is necessary to (1) fulfill the Scope and Purposes set out in this Privacy Notice, (2) establish, exercise, or defend the legal claims, and (3) comply with the period under the applicable laws and regulations.
YOUR PERSONAL DATA RIGHTS
Subject to the Personal Data Protection Laws, your Personal Data rights include:
Right to withdraw consent – where your consent has been obtained, you are entitled to withdraw such consent by submitting the consent withdrawal form to us;
Right of access – you may have the right to request access to and obtain a copy of all your Personal Data processed by us;
Right to data portability – you may have the right to receive a copy of your Personal Data in a commonly used electronic format. You may also have the following rights:
the right to transfer your Personal Data automatically to other organisations; and
the right to receive a copy of your Personal Data that is automatically transferred to other organisations, except where it is technically unfeasible;
Right to object – you may have the right to object to any processing activities of your Personal Data in some circumstances;
Right to erasure – you may have the right to request for the deletion or anonymisation of the Personal Data that we process about you, in accordance with the following cases:
the Personal Data is no longer necessary for the processing purposes;
you have withdrawn your consent;
you object to the unlawful processing of your Personal Data based on legitimate interests; and
the processing activity is not in accordance with the law;
Right to restrict processing – you may have the rights to restrict any data processing activities in the following cases:
during the verification process where you exercise your right to request for the rectification of your Personal Data or your right to object the processing of Personal Data;
when the Personal Data is initially requested for erasure but is followed by an additional request to restrict the processing instead; and
when you request to restrict the processing of Personal Data due to legal claims.
Right to rectification – you may have the right to have any inaccurate or incomplete Personal Data rectified; and
Right to lodge a complaint - you may have the right to lodge a complaint to competent authorities in case we unlawfully process your Personal Data or do not comply with applicable laws.
If you wish to exercise Personal Data protection rights, you can contact us by using contact details specified in Clause 1. We will consider your request and proceed with your request within 30 days from the date we receive the request. However, please be informed that your rights mentioned above are subject to the relevant factors and that we may not proceed with your request if we can rely on the lawful grounds to process your Personal Data.
SOCIAL NETWORKS
Our website hosts plug-ins from common social networks. If you use such a plug-in, a connection to the servers of the relevant social network will be established, and information about your visit to our website will be transferred. If you are logged in to these social networks, this information can be related by the social network to your personal profile. BDF is not liable for the transfer and processing of your data by social networks. Please refer to the terms and policies of use of the relevant social networks.
ACCESS AND MODIFICATION
You have the right to access your personal data collected by BDF and to modify it subject to applicable legal provisions.
You may also exercise your right to object by emailing the Foundation regarding data privacy at contact@baandekfoundation.org.
For the purposes of confidentiality and personal data protection, we will need to identify you in order to respond to your request. You will be asked to include a copy of an official piece of identification, such as a driver's license or passport, along with your request.
If your personal data is inaccurate, incomplete or not up to date, please send the appropriate amendments regarding data privacy to contact@baandekfoundation.org.
All requests will receive a response as swiftly as possible and in accordance with applicable law.
UPDATES
We may modify this policy from time to time. Consequently, we recommend that you consult this page regularly, particularly when making further reservation on our website.