Privacy Policy

This Privacy Policy was last updated on 1^st June 2022.

Summary of how we use your data

Devasom Resorts, comprising Devasom Global Co., Ltd. as well as its affiliates, subsidiaries and related entities, including the resorts and other properties (“Devasom” or “we“) own, manage, or use your personal information to process and facilitate bookings, product orders and deliveries, provide you with highly-individualized service at our resorts or for delivery to your chosen location, respond to your requests for information, inform you of our products and services and other purposes as set out in this policy.
Disclosure: Data is shared with companies in Devasom, third party service providers and professional advisers.
Consent: Where we rely on your consent, such as for marketing our products and services to you, use of cookies, and collection and use of your sensitive personal data, you may withdraw this consent at any time.
Cookies: Our site uses cookies to track visitors using our site, analyze trends and usage patterns for research and marketing purposes. You are not obliged to accept cookies. More information is set out in the “Cookies and Similar Tracking Technologies” section.
Your rights: You have certain rights to your personal information under applicable laws, including a right to object to some of the processing which Devasom carries out. More information about your rights, and how to exercise them, is set out in the ‘Personal Data Rights’ section and “What rights do I have?” section.
Devasom has established and disclose this Privacy approach to explain any personal data provided by you or collected from or about you. We process your personal data in accordance with the applicable laws relating to personal data protection, including the Personal Data Protection Act B.E. 2562 (“PDPA“).

Personal Data

We collect the following personal data for processing to achieve the purposes as herein with the legal basis provided for in the applicable laws. In addition, we may process your sensitive personal data in accordance with special criteria provided for in the applicable laws.

Personal information: name, gender, nationality, date of birth, and names of your family members, their date of birth, nationality, identity card information, passport information, etc.
Contact information: address, telephone number, e-mail address, if you get in touch with us online using our online services, we will collect your social media account’s information, etc.
Payment information: credit card number, security code, expiration date, billing address, bank account information and other payment and billing information
Loyalty and referral program: details and partner program affiliation, marketing and analytical data
Accommodation information and travel profiles: dates of arrival and departure from our hotels, the location of the room, smoking/ non-smoking room, type of room and bed requests, preferred newspaper, accommodation and travel preferences, special requests, booking history, and images and videos from you, our photographers, and CCTV cameras in our premises
Feedback: records of your contact with us such as via the phone number, or if you get in touch with us online using our online services, details such as your mobile phone location data, IP address and MAC address, including history of any communications with us, and analysis of your interaction with us, which helps us to customize offers to you and provide information that we think are of interest or relevance to you
Technical information: IP address, geographic data, cookies data, browser and computer system, application version, language settings and pages that have been shown to you, etc.
Sensitive Personal information: Upon arrival, we may collect your Identity Card which may have your religious data, and we may collect your health data for providing you with highly individualised services at our resorts, i.e., your food allergies and dietary requirements in relation with food and beverage or health condition and preferences in relation to wellness and spa, and we may collect your vaccination records if required by local law.

We limit the information collected in relation to children under 18 years to their name, nationality, and date of birth, which can only be supplied to us by an adult. We kindly request that parent ensures that children do not send us any Personal Data without parental consent, and if such information was sent, please get in touch with us and we will delete such information.

Regarding the PDPA, personal data means any information relating to an individual, which enables the identification of such individual, whether directly or indirectly.

Information from Third Parties

Sometimes, we receive information about you from third parties. In particular, we may receive information about you from travel agents, tour operators and destination management companies whom you have direct contact. The information we collect from such third parties include your contact information and information related to your travel profile.

Collection of Personal Data

Personal Data may be requested or generated in different circumstances, including (but not limited to) the following:

Reservations and purchasing activities: room or table reservations, check-in, and check-out, payment, submission of complaints or requests
Provided by third parties: information collected through marketing partners, tour operators, online reservation systems, and other third parties, which may include information provided by your travel agent, airline, credit card, and other service providers
Marketing and communication activities: newsletter subscription, loyalty program registration, and participation in promotional offers, surveys, competitions, social media and SMS marketing campaigns
Internet activities: connection to any Devasom Resorts’ sites, online reservations, questionnaires, and social media platforms etc.

Purposes of Personal Data Processing Activities

We collect, use, or disclose your Personal Data for various purposes depending on relationship between you and Devasom as follows:

To consider entering into an agreement, to take steps as per an application in relation to our products or services, or to enter into an agreement with you in relation to our products or services
To provide products, benefits or services of Devasom, to perform contractual obligations, to register for providing services in relation to products and services, payment, to manage of reservations and your stay in our properties, to cater your request, to monitor your use of services, to receive or deliver the information or documents between you and us including to comply with our internal procedures
To manage our relationship with customers, for example to communicate with you on any information about our products and services, to manage your complaint, etc. We may personalize content and tailor our digital customer experience and offerings, understand customers’ requirements to develop targeted marketing programs, newsletters, and promotions
To analyze your interests including your spending or service using records in order to evaluate, manage, improve, research, conduct planning, and develop our products, services and sales promotions including our services in hotels, restaurants, and other outlets, to better suit your needs
To inform any information or notifications to you about products or services that you have with us including other products or services of Devasom, to inform benefits, sales promotion, marketing activities, any activity and project invitation of Devasom and to communicate about such activity and project including to offer our products or services
To conduct our marketing activities, advertise our services, and promote our promotions and offers
To record your information in Devasom’s database
To comply with relevant regulations
To manage risks and undertake internal prevention, audit and administration to comply with laws, and to report information to government authorities as required by laws or upon receiving an order or a writ of attachment from the authority
To verify your identity and to control access to the buildings and premises, and to observe, prevent, deter, and (if necessary) investigate unauthorized access to buildings and premises for the purpose of monitoring security of the buildings and premises of Devasom.

Retention Period

We will retain your personal data for as long as necessary to fulfill the aforementioned purposes for obtaining and processing your personal data. Specific criteria used to determine our retention periods are the duration we have an ongoing relationship with you, the compliance with applicable laws, the compliance with legal prescription to exercise the rights to legal claims or defend against the rights to legal claims and the necessity of retaining the personal data for other legal or business reasons.

Please kindly be ensured that the retention of personal data after the expiry date of retention period will only occur only in the necessary circumstance. When the retention period has ended or the retention of such data is no longer necessary (whichever is applicable), we will destroy or erase such data from our system.

Legal Basis

The legal basis for the processing of your personal data is as follows:

When required by the law, a consent shall be obtained;
When the processing activity is necessary for the performance of contractual obligations to perform contractual obligations between you and us;
When the processing activity is required for the pursuit of legitimate interests of Devasom; or
When the processing activity is required for the compliance with our legal obligations.

You have the right to withdraw your consent at any time by the method separately designated by us at the timing of obtaining your consent. However, your withdrawal of consent will not affect the legality of processing conducted based on your consent before its withdrawal.

We will notify you separately, if the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as the possible consequences of failure to provide such data.

Disclosure of Personal Data

We may share your Personal Data with the following third parties for the purposes listed above:

Devasom Resorts’ (including its subsidiaries and affiliated companies) employees: to offer you personalized service, we can share your personal data and give access to appropriate person within Devasom Resorts including but not limited to hotel staff, reservation staff, IT departments, commercial partners and marketing services;
Business partners and external service providers who provide us with payment related, data management and profiling, analytics, advertising or other services in order to process your bookings, provide information about tailored and individualized services/offers including on social media, and provide you with any information that you have requested: including IT services, marketing services, call centers, banks and credit card issuers, legal services, consultants, and social networking sites;
Local authorities and our professional advisers: where we consider that we need to in order to comply with any law or regulation or as part of internal Devasom Resorts’ investigations, where we suspect that any criminal offence may have been committed, to protect our rights, property or safety or that of others and in any circumstances where we consider that we are permitted to do so by law or regulation.

Devasom Resorts also reserve the right to transmit any personal data in the event of sale or transmission of part or all of the company or respective assets. In any case of transmission of personal data to third parties, we will comply with our legal obligations under the applicable laws.

International Transfers

As a hospitality company, we may transfer your Personal Data across multiple jurisdictions, insofar as reasonably necessary for the purposes, and in accordance with this Privacy Policy, your Personal Data may be transferred to the following locations:

Countries in which we manage and operate hotels and/or sales offices; and
Countries where our third-party service providers, advisors, and consultants are located, which may be changed from time to time.

As a result of the aforementioned sharing and disclosure, in some cases your personal data will be transferred to the recipient company in other countries with an appropriate safeguards by executing with the transferee the standard data protection clauses including Binding Corporate Rules or Data Processing Agreement (if any or whichever is appropriate) pursuant to the PDPA, unless the data transferred country has appropriate data protection standard as prescribed by the Personal Data Protection Committee or we obtain your consent pursuant to the applicable laws.

Security of Personal Data

Devasom Resorts have implemented the necessary technical and organizational measures, in compliance with legal requirements, with the aim of protecting the Personal Data, ensuring confidentiality in accordance with the principles laid in this policy.

In case where Devasom assigns any third party to process your personal information pursuant to the instructions given by or on behalf of Devasom, Devasom shall appropriately supervise such third party to ensure your personal information protection in accordance with the applicable laws.

Whenever information is requested on credit cards, this communication is made via secure SSL (Secure Sockets Layer) lines, when you are using a browser which allows SSL, such as Microsoft Internet Explorer or Google Chrome.

What rights do I have?

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. To exercise any of the following rights please submit a request to the address indicated below:

Right of access: You have the right to obtain from us confirmation as to whether or not Personal Data concerning you is processed, and, to request access to the Personal Data. Please note that this is not an absolute right, and the interests of other individuals may restrict your right of access;
Right to rectification: You have the right to obtain from us the rectification of inaccurate Personal Data about you and where applicable, you have the right to complete such information, including by means of providing a supplementary statement;
Right to erasure (“right to be forgotten”): Under certain circumstances, you have the right to obtain from us the erasure of Personal Data concerning you, and we may be obligated to erase that Personal Data;
Right to the restriction of processing: Under certain circumstances, you have the right to obtain from us restriction of processing your Personal Data. In that case, your data will be marked and may only be processed by us for certain limited purposes;
Right to data portability: Under certain circumstances, you have the right to receive the Personal Data about you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that data to another entity without hindrance from us;
Right to be subjected to automated decision-making: Under certain circumstances, you have the right not to be subject to solely data-based, automated decision-making (including profiling) that produces any legal or similar material effect on you;
Right to object: Under certain circumstances, and at any time, you have the right to object, on grounds relating to your particular situation, to the processing of your Personal Data by us, and we can be required to no longer process your Personal Data; and
Right to lodge complaints: Where permitted by applicable law, you also have the right to lodge a complaint with a competent data protection supervisory authority.

If you intend to exercise any of the aforementioned rights, please inquire using the contact details at the end of this policy. Such requests will be dealt with as quickly as possible. We will request a copy of a valid identification document to confirm your identity, before making any changes.

If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed or receive any other communication from us, please follow the unsubscribe link in the relevant communication. Even after you opt-out or update your marketing preferences, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, surveys, or any questions regarding a specific reservation.

Amendment

We may change this Privacy Policy from time to time, in order to reflect changes in the laws and/or our privacy practices. You can tell when this privacy policy was last updated by looking at the date at the top of the privacy policy. The changes will apply after such notice.

Contact Us

If you have queries about this Privacy Policy, your data and the use of cookies, if you want to exercise your rights or complaint about the use of your data please contact our Data Protection Officer at Email: data.protection@devasom.com or

Data Protection Officer
Devasom Khao Lak Beach Resort & Villas
79 Moo 3 Khuk Khak Beach, Takuapa, Phang nga, Khao Lak, Thailand 82220
Contact No. +66 (0)76 592 277

Data Protection Officer
Devasom Hua Hin Resort
1446/23 Petchkasem Road (KM 207), Huaisaitai, Chaam-Hua Hin, Hua Hin, Thailand 76120
Contact No. +66 (0)32 442 789

If you have any queries regarding this Privacy Policy or complaints about our use of your information please contact us at “data.protection@devasom.com” and we will do our best to deal with your complaint or query as soon as possible.

Limitation of Liability

Please note that the Website may contain typographical errors or other inaccuracies.

To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Website or any information, service or product provided through the Website.

To the fullest extent permitted by applicable law, we accept no liability for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website or its contents whether due to inaccuracy, error, omission or any other cause and whether on the part of Devasom or our employees, agents or any other person or entity.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website.

Modifications/alterations to the Website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website, the content or services or products available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, our provision of new products or services, or resources shall be subject to these terms and conditions.

Cookies and Similar Tracking Technologies

Our site uses cookies (small text files stored in your web browser) and similar technologies such as web beacons (small, clear picture files used to follow your movements on our website) (collectively, “Cookies“). These collect information that tells us how you use our website and web-related services. We use these to compile statistical reports on website activity.

This helps us make our website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognize you if you visit our website again.

The type of cookies we use on this site include:

Mandatory Cookies	These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Analytics Cookies	We use these cookies to analyse and identify the behaviour of our web visitors. We will track the IP address on the device you are using to identify you when visiting our website. When possible we combine your online web behaviour data with the personal data that you have previously supplied to us. This data will be used to analyse behaviour on our website and to personalise your experience.
Advertising and Social Media Cookies	These cookies may be set through our site by our advertising partners. They can be used and shared by those companies to build a profile of your interests and show you relevant adverts on other sites, as well as enabling interaction with social media. This is based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Usability Cookies	These cookies are used to provide additional functionality to the site and may affect your experience if they are turned off. They are used to allow enhancement widgets for live chat to provide customer support or alert widgets drawing your attention to updates and exclusive offers. These cookies may track your customer journey to personalise the support and messaging given.

We may also use the information collected from our use of cookies to estimate our audience size, analyze trends and general usage patterns of our site, optimize our site, and for other research and marketing purposes. This is statistical information and does not identify any individual.

You are not obliged to accept cookies. If you wish, you can set your browser to notify you before you receive a cookie and you can also set your browser to refuse to receive or send all cookies. For more information on cookies, visit www.allaboutcookies.org where you can also find information on how to turn them off by users.

If you wish to block the cookies please visit:

Google AdWords – http://www.google.com/settings/ads
Facebook Pixel – You may disable any of these cookies or similar technologies via your browser settings.
Twitter Advertising – You may disable tailored advertisements via your Twitter settings by visiting the “Promoted content” and “Personalization” sections.
Google Analytics – You may disable any of these cookies via your browser settings or by downloading a browser add-in: https://tools.google.com/dlpage/gaoptout.

You may disable any of these cookies via your browser settings or change your cookies settings.

By using our site without disabling cookies via your browser settings you are consenting to our use of cookies and similar technologies as described in this Policy.

Please note that our advertisers and third-party partners may also use cookies. These parties may use so-called “third party” cookies so that they can track your response to their adverts and/or identify you on any other website that you visit which also contains their adverts. Please refer to their Privacy Policy for further details. More information on cookies and similar technologies is available at the website www.allaboutcookies.org.

This Policy applies to the use of our website only. When you link to third party websites via our Website, the personal information protection shall be in accordance with the Privacy Policy of such websites which are not related to Devasom.