Boost Juice Bars Thailand Privacy Policy

Vitality Thai Opco Ltd. (Tax ID: 0115562030020) (referred to as “we”, “us”, “our” or “Boost Juice Bars Thailand”) and its related entities are committed to protecting your privacy and personal data (“Personal Data”) in accordance with Thailand’s Personal Data Protection Act (“PDPA”) and where applicable, similar data protection law in Singapore. This Privacy Policy sets out the way we handle your Personal Data and includes information on how we collect, use, process, disclose, store, retain, keep secure and provide you with access to your Personal Data, whether provided to us via our stores, head office, this website, mobile application or other means.

Collection of Personal Data by Boost Juice Bars Thailand

“Personal Data” means any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or is identifiable from that information, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, or can reasonably be ascertained from the information or opinion. Your name, date of birth, gender, home and billing address, email address, telephone number, nationality, banking and payment details, employment details and CCTV images and camera visual recordings of you collected through the use of CCTV and any other security systems, are examples of Personal Data. Personal Data may also include information we may collect about your marketing, menu and individual preferences, and previous order information.

The collection and processing of your Personal Data may be obligatory or voluntary. You will be notified on whether the Personal Data requested is obligatory or voluntary.

We will only collect Personal Data from you that we reasonably require for one or more of our business functions and activities, and will do so in accordance with the PDPA.

In some circumstances, you may have provided Personal Data relating to other individuals (including your spouse, family members or friends). You represent and warrant that you are authorized to provide their Personal Data to Boost Juice Bars Thailand and you have obtained their consent for their Personal Data to be collected, used, processed, disclosed, stored and retained in the manner as set forth in this Privacy Policy.

In respect of minors (which is to be determined based on the applicable laws) or individuals not legally competent to give consent, you confirm that you are the parent, legal guardian, person who has parental responsibility over them, person appointed by court to manage their affairs or that they have appointed you to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their Personal Data and agree to be bound by this Privacy Policy and take responsibility for his or her actions.

When and how we may collect Personal Data from you will depend on what type of interaction you have with us. This may include, among other things:

• Personal Data you provide when you sign up as a member to our loyalty program and database, participate in a promotion, competition, promotional activity, campaign, survey, market research, questionnaire, request form, or customer behavioural activity, provide us with feedback or complaints, subscribe to our mailing list or interact or follow our social media pages including Facebook, Twitter and Instagram;
• Personal Data you provide via our stores or head office or when you place an order in store, by telephone or via our mobile or electronic ordering system;
• As you navigate through our website and access our mobile application, certain information can be collected (i.e. gathered without you actively providing the information) using various technologies such as Cookies, internet tags or web beacons, and navigational data collection (log files, server logs and clickstream data). For example, we may collect information about matters including but not limited to the date, time and duration of visits, web browser software, log-in location (IP address), and which pages of our website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a website or mobile application is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing our website or mobile application. You may turn off or disable the Cookies function from your computer or mobile device. We recommend that you consent to our use of Cookies or turn on the Cookies function to enhance your usage and enjoy the full functionality of our website and mobile application; and
• We may combine your anonymous or personal visitor session information or other information collected through tracking technologies with other Personal Data collected from you from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a website or mobile application via links in an email we have sent and/or by accessing a website or mobile application where you have identified yourself, you consent to the collection of such information where it is Personal Data.

In some circumstances, we may collect your Personal Data from third parties such as our affiliates and business partners, credit reporting agencies and marketing agencies. Where we do, we will ensure that we act in accordance with the applicable laws, governmental and regulatory requirements.

We generally do not collect your Personal Data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your Personal Data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your Personal Data for those purposes, or (b) collection and use of Personal Data without consent is permitted or required by the PDPA or other applicable laws, governmental and regulatory requirements. If you choose not to provide us with your relevant and necessary Personal Data, some of your experience with us may be affected.

With the exception of when you apply for a position with Boost Juice Bars Thailand or to become a franchisee, we will not collect Sensitive Personal Data about you unless you have explicitly consented to such collection or the collection is required by the applicable laws, governmental and regulatory requirements.

How Your Personal Data Will Be Used

We collect your Personal Data so that we can use and process for purposes relating to our business functions and activities and to provide products and services to you. This may include, among other things:

• processing orders you place with us in our stores or via our electronic or mobile ordering system, providing you with email or SMS confirmation of your orders, providing you with our products and processing refunds where applicable;
• processing your application to register as a member to our loyalty program and database;
• administering, processing and responding to your enquiries, requests, feedback or complaints about our products;
• conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey or market research;
• promoting and marketing current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services;
• assisting you with remembering and re-ordering from our menu in future;
• improving the operation or navigation of our website and mobile application;
• providing information that you request about our franchises and processing and considering your franchise application and conducting record checks;
• identifying and/or verifying your identification;
• protecting and defending our rights or property;
• facilitating our internal administrative and updating purposes, including auditing, record keeping, data analysis and risk management;
• detecting, investigation and preventing any illegal, prohibited or fraudulent activities; and
• transferring or assigning our rights, interests and obligations under any agreements entered into with us.

We may also use your Personal Data for purposes which are reasonably related to or in connection with the above purposes, or other purposes not listed above which will be made clear to you at the time we collect your Personal Data, or for such purposes as may be required or permitted by the applicable laws, governmental and regulatory requirements.

If Boost Juice Bars Thailand uses or discloses your Personal Data for the purposes of direct marketing (including by way of telephone calls, e-mails, SMS, post, facsimile and social media), you may request not to receive direct marketing communications from us or our related entities. We will stop sending direct marketing communications to you within a reasonable period after your request is made (usually within 5 business days from receiving your request).

Disclosure of Personal Data to Third Parties

We may disclose Personal Data that we collect from you:

• to our related entities, suppliers, consultants, contractors or agents for the purposes set out in the section above or for other purposes directly related to the purpose for which your Personal Data is collected;
• to relevant local and government authorities, regulatory bodies or any other party where Boost Juice Bars Thailand is required or authorised by the applicable laws, governmental and regulatory requirements (whether in Thailand or overseas) or a court order to do so, including for the purpose of investigating a food safety or health issue;
• to Boost Juice Bars Thailand franchisees if you have made an enquiry, feedback or complaint relating to a store that is owned and operated by one of our franchisees;
• third party data processors who provide legal, accounting, administrative, storage, cloud storage, marketing, telecommunications, logistics, data analytics, identity verification, payment and/or other services to facilitate and to perform certain business functions;
• to others that you have been informed of at the time any Personal Data is collected from you;
• with your consent (express or implied) to others; and
• any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the purposes set out in this Privacy Policy.

Some of our related entities and third party goods and services providers are located in jurisdictions outside Thailand. Your Personal Data may be transferred to, stored, used and processed in these jurisdictions. We will take steps to ensure that your Personal Data complies with the PDPA while it remains in our possession and continues to receive a standard of protection in the foreign jurisdiction that is at least comparable to that provided under the PDPA. Whilst Boost Juice Bars Thailand will take all reasonable care, in accordance with the applicable laws, governmental and regulatory requirements, to ensure that overseas providers will handle your Personal Data securely, you acknowledge that by agreeing to the disclosure of your Personal Data to these overseas entities for the purposes stated above, Boost Juice Bars Thailand will not be held accountable for any breaches of the PDPA by an overseas recipient.

Links to Third-Party Websites

Our website and mobile application may contain links to other third party websites. Please note that Boost Juice Bars Thailand is not responsible for the collection, use, maintenance, sharing or disclosure of your Personal Data and information by such third parties. If you provide your Personal Data and information directly to such websites, the privacy policy and terms of service on those websites are applicable and Boost Juice Bars Thailand is not responsible for the information processing practices or privacy policies of those websites.

How We Store and Retain Your Personal Data

Where we store your Personal Data depends on what interaction you have had with us. This may include:

• Databases for processing customer enquiries or feedback; and
• Email and SMS databases for marketing communications.

We will only store and retain your Personal Data for as long as it is required for the purpose for which it was collected and processed, or as otherwise required by the applicable laws, governmental and regulatory requirements. We will cease to retain and take appropriate measures to destroy, anonymise or permanently delete your Personal Data if the purpose for which the Personal Data was collected is no longer being served by retention of the Personal Data, and retention is no longer necessary for any legal or business purposes.  These measures may vary depending on the type of information concerned, the way it was collected and how it was stored. Subject to the applicable laws, governmental and regulatory requirements, we may securely dispose of your Personal Data without prior notice to you.

How We Keep Your Personal Data Secure

We take reasonable precautions, steps and security arrangements to protect your Personal Data from any loss, misuse, modification, copying, accidental or unauthorised access, collection, disclosure, alteration, destruction or disposal.

Reasonable steps will also be taken to ensure that the third party data processors that we appoint will take reasonable steps to safeguard your Personal Data and to comply with the applicable laws, governmental and regulatory requirements. The recipients of such Personal Data are prohibited from using your Personal Data for any purpose other than for the purpose(s) specified by us.

Unfortunately, no data transmission over the Internet is guaranteed to be completely secure. Accordingly, although we strive to protect such Personal Data, we do not warrant the security of any Personal Data you transmit to us or from our online services and you use these services at your own risk.

We are unable to guarantee that your Personal Data will not be subject to third party interference, misuse or hacking and we shall not be responsible or be held liable for any loss, misuse, modification, accidental or unauthorised access, disclosure, alteration or destruction arising as a result of such incidents. You are advised to protect your accounts against any unauthorized access, and to keep your passwords and accounts secure.

How We Ensure the Integrity of Your Personal Data

We aim to ensure that any Personal Data we obtain from you to be collected, used, processed, disclosed and retained is accurate, complete, not misleading and kept up-to-date. If there are any changes to your Personal Data or if you believe that the Personal Data we have about you is inaccurate, incomplete, misleading or not kept up-to-date, please contact us so that we may take steps to update your Personal Data. You shall be responsible to update Boost Juice Bars Thailand on any changes to your Personal Data.

Access to, Correction & Deletion of Data & Withdrawal of Consent

To the extent that the applicable laws, governmental and regulatory requirements allow, you may, subject to payment of a fee:

• request access to a copy of your Personal Data;
• advise us of any required correction and information which you believe to be inaccurate, obsolete, incomplete or misleading;
• request for deletion or restriction of processing of your Personal Data (in some cases); and
• withdraw your consent to the processing of your Personal Data (where we are processing based on your consent).

Boost Juice Bars Thailand may process such requests relating to your Personal Data in accordance with this Privacy Policy, but has the right to refuse any of your requests. The exceptions under the PDPA which affect your right to access your Personal Data we hold about you include the following, among other things:

• the burden or expense of providing access to you is disproportionate to the risks to your privacy in relation to the Personal Data to which the data access request relates;
• we are not supplied with such information as to your identity as the requestor;
• we are not supplied with such information as may be reasonably required to locate the Personal Data to which the data access request relates;
• we are not supplied with such information as may be reasonably required to ascertain in what way the Personal Data to which the data correction request relates is inaccurate, incomplete, misleading or not kept up-to-date;
• access would disclose confidential information relating to a commercially sensitive decision-making process;
• access constitutes a violation of an order of a court;
• the provision of Personal Data would cause you immediate or grave harm to your safety or to your physical or mental health;
• the provision of Personal Data could reasonably be expected to threaten another individual’s safety or physical or mental health;
• the provision of Personal Data would reveal Personal Data about another individual;
• the provision of Personal Data would reveal the identity of an individual who has provided Personal Data about another individual and the individual providing the Personal Data does not consent to the disclosure of his identity; and
• provision of Personal Data would be contrary to the national interest.

Upon receipt of your written request, we will respond as soon as reasonably possible/practicable. If we are unable to comply with your request to access and/or correct your Personal Data, we shall notify you in writing of the refusal and the reasons for refusal, within 21 days from the date of receipt of the data access and/or data correction request.

To ensure the integrity and security of your Personal Data, Boost Juice Bars Thailand will only disclose such Personal Data if our internal procedures are satisfied. To make a request relating to Personal Data that we hold about you, please contact us in writing. We will require you to verify your identity and to specify what information you require. Please also include your full name, NRIC or passport number, contact details, address and any other relevant information and details. We may refuse your request if insufficient information is provided to ascertain your identity.

We may charge a fee to cover the cost of verifying the request and locating, retrieving, reviewing and copying any material requested. We will provide a written estimate of the fee in advance. If we wish to charge a fee higher than our previously provided written estimate, we will notify you in writing of the higher fee. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue performing the functions necessary to achieve the above purposes of processing your Personal Data, and we shall, in such circumstances, notify you before completing the processing of your request. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose Personal Data where such collection, use and disclosure without consent is permitted or required under the applicable laws, governmental and regulatory requirements.

Although we are committed to ensuring that at all times there is strict adherence to the PDPA, in the event that you are dissatisfied in any way with the collection, use, processing, disclosure, storage or retention of your Personal Data or believe that there has been a breach of the PDPA, we invite you to contact us as soon as possible.

All complaints are to be made in writing to Boost Juice Bars Thailand and Boost Juice Bars Thailand is then allowed a reasonable time (within 30 days) to respond to complaints. We may ask you to participate in a dispute resolution scheme (such as mediation) in order to resolve your complaint.

For any inquiries, complaints or requests relating to your Personal Data, kindly contact:

Contact Person: Personal Data Protection Officer

Email Address: marketing@boostjuicebars.in.th

Acknowledgment & Consent

This Privacy Policy applies in conjunction with any other policies, notices, contractual clauses and consent clauses that apply in relation to the collection, use, maintenance, sharing or disclosure of your Personal Data by us.

Boost Juice Bars Thailand reserves in its sole discretion, the right to modify, update or amend the terms of this Privacy Policy at any time, without prior notice. Any changes to the Privacy Policy shall be effective upon posting of the updated or amended Privacy Policy on our website and/or mobile application at any time. By continuing to communicate with Boost Juice Bars Thailand, using Boost Juice Bars Thailand’s services (including using this website and/or mobile application) or continuing to be a member of Boost Juice Bars Thailand following the modifications, updates or amendments to this Privacy Policy, such actions shall signify your acceptance of such modifications, updates or amendments. You are encouraged to visit our website and/or mobile application from time to time to ensure that you are well-informed of such modifications, updates or amendments.

If any term, condition, or provision of this Privacy Policy is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

Miscellaneous

This Privacy Policy is governed and shall be construed in accordance with the applicable laws, governmental and regulatory requirements of Thailand.

Effective Date: 18 October 2024

Last Updated: 18 October 2024