Privacy Policy

The Nightlife Asia (“we”, “us”, “our”) respects your concerns about privacy. Your privacy is important to us. It is The Nightlife Asia’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you.

This Privacy Policy (the “Policy”) applies to personal data we collect on www.thenightlife.asia and our mobile application – The Nightlife Asia. For the purposes of this Policy, both the website and mobile application shall be referred to as the “App”.

The Policy describes the types of personal data we obtain, how we use the personal data, and with whom we share it. We also describe the rights you may have and how you can contact us about our privacy practices.

This Policy is effective as of January 2022 and was last updated on January 2022.

1. Data controller

The data controller is the organization responsible for processing your personal information, collected through the App. The Nightlife Asia……, a limited company registered under No. … No. 0835564006120.. is the data controller of personal information collected and processed through the App.

Our data controller can be contacted at night@thenighlife.asia

2. How we obtain information about you

Information we collect includes both information you knowingly and actively provide us when using or participating in any of our services and promotions, and any information automatically sent by your devices in the course of accessing our services.

2.1. Information we obtain from you

We may collect personal data that you choose to provide to us through the App, including, but not limited to, your first and last name, physical address, e-mail address, or telephone number:

Personal data that you provide directly to us will be apparent from the context in which you provide it, for example:

• If you register on the App, to create a User Account, you will generally provide your full name, email address, city preferences, email subscription and communication preferences. Our legal basis for processing your personal data in this way is that processing is necessary for the performance of a contract to which you are a party;
• If you sign up to receive electronic marketing communications from us, you will generally provide your name, email address and other contact information, and your product preferences. Our legal basis for processing your personal data in this way is your consent to such processing for this purpose which shall be requested when you sign-up to such newsletters;
• If you make any purchase(s) for example purchase of an Offer, tickets, advertising for The Nightlife Asia events, you will generally provide your full name, email address, telephone number, postal and billing address and payment details. Payments are processed by our payment provider to whom you will supply your payment details directly. We will not store your payment card information. Our legal basis for processing your personal data in this way is that processing is necessary for the performance of a contract to which you are a party;
• If you sign up to a feature on our App, you will generally provide your name and contact information and any other information necessary to access the feature. Our legal basis for processing your personal data in this way is your consent to such processing which shall be requested as part of your compliance with the terms and conditions applicable to the feature;
• If you choose to comment in The Nightlife Asia, enter a competition, or fill out a survey, you will generally provide your name and email address. Our legal basis for processing your personal data in this way is your consent to such processing which shall be requested as part of your compliance with the terms and conditions applicable to such awards, competition, or survey.

Each form on our App varies in the information required and collected. In most cases, an asterisk (*) indicates the required information on a form. You may choose to provide additional information within fields that are not required.

If you no longer wish to receive direct marketing communications from us, please click the unsubscribe link included in the footer of every email we send or, alternatively, email us at night@thenightlife.asia

2.2. Information that we collect automatically

When you visit the App, we also may collect certain information by automated means using technologies such as cookies, non-cookie-based tokens, web server logs, tracking pixels, and web beacons. Cookies are files that websites send to your computer or other Internet-connected device to identify your browser uniquely or to store information or settings in your browser. Your browser may tell you when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies, you may not be able to use all of the features of our App and may not be able to purchase products that use a “shopping cart.” Non-cookie-based tokens are encoded URL-based identifiers that track e-mail click-thru activity or time-sensitive password reset keys and will work in scenarios where cookies are disabled or a session has not been initiated.

Our web servers may log information such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The web server logs may also record information such as the address of the web page that referred you to our App and the IP address of the device you use to connect to the Internet. They may also log information about your interaction with the Sites, such as which pages you visit. To control which web servers collect information by automated means, we may place tags called “web beacons” — small files that link web pages to particular web servers and their cookies. We may also collect information from your browser, such as your browsing history, and use it in conjunction with data gathered from forms and e-mails to help us understand and respond to your needs.

Where the information gathered is completely anonymized, the information will not constitute personal data. Where your personal data is not in an anonymous form, our legal basis for processing your personal data in this way is that it is in our legitimate interest to continually evaluate that personal data in operating and improving our business that is not overridden by your interests, rights and freedoms to protect personal data about you.

The App includes social media functions, such as Google, Twitter and Facebook widgets. These widgets may collect information about which pages you visit on the App and the IP address of the device you use to connect to the Internet. The widgets may also set a cookie to ensure the features are functioning properly.

Social media functions and widgets are hosted either by a third party or directly on the App. Your interactions with the social media functions and widgets located on the App are governed by the privacy policies of the companies that provide them. If you use any of the social media functions or widgets on our App, we strongly suggest you review the privacy policies of the companies that provide those functions and features.

2.3. Information that we obtain from third parties

Where permitted by law, we may acquire personal data about you from third parties. This may include personal data shared between the App and business partners, publicly-available profile information (such as your preferences and interests) on third-party social media sites (such as Facebook and Twitter), and marketing lists acquired from third-party marketing agencies.

Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.

3. How we use information that we obtain

3.1. Information that you provide to us

We may use personal data that you provide to us to respond to your inquiry, for example, to contact you about your request, ask a question, provide announcements about products and future events, conduct surveys, and contact you for other reasons related to offering and improving our services. We use the personal data for these purposes because we have a legitimate business interest in providing services to our customers and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal data about you. If you make a purchase on The Nightlife Asia, we also collect personal data because it is necessary for us to enter into a contract with you.

In addition to the uses discussed above, we may also use the personal data you provide on our App to:

• operate, evaluate, and improve our business;
• develop new products and services;
• perform market research;
• advertise and market our products and services;
• determine the effectiveness of our advertising and marketing;
• analyze our products, services, and websites;
• administer the App;
• segment and personalize the marketing communication that you have viewed on the App.

We use the personal data for the purposes described above because we have a legitimate interest in operating and improving our business that is not overridden by your interests, rights, and freedoms to protect personal data about you.

We may also use the information to protect against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use personal data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by law that applies to us.

3.2. Information that we collect automatically

We use personal data that we collect automatically through cookies, non-cookie-based tokens, web beacons, and other automated means for purposes such as customizing and enhancing our visitors’ visits to the App, facilitating the use of the App, collecting statistics about your visits to the App, and understanding the manner in which our visitors browse the App. We also use the information to help diagnose technical and service problems, administer the App, and identify visitors to the App. We use clickstream data to determine how much time visitors spend on web pages of the App, how visitors navigate through the App, and how we may tailor the App to meet the needs of our visitors. We use the personal data for the purposes described above because we have a legitimate interest in operating and improving our App that is not overridden by your interests, rights, and freedoms to protect personal data about you.

We may also use third-party web analytics services on our App, such as those Google Analytics. The service providers that administer those services may use cookies and web beacons to help us analyze how users use the App. The information collected by the cookies and web beacons (including your IP address) is available to the service providers, which use the information to evaluate your use of the App.

4. Security of your personal information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security. We will comply with laws applicable to us in respect of any data breach.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services.

5. Information we share

We do not sell or otherwise disclose personal data that you provide to us or that we collect on our App, except as described here. We may share personal data you provide to us or that we collect on the App with:

• Other companies within The Nightlife Asia Group / affiliate entities;
• Our business partners;
• A named the third party, for example in relation to a competition you have entered, and only where you have given consent;
• service providers that perform services on our behalf.

We may share personal data with service providers that perform services on our behalfs such as payment service providers, analytics providers, hosting providers and advisers. All service providers have entered into legally binding agreements requiring them to use or disclose personal data only as necessary to perform services on our behalf or comply with applicable legal requirements.

In addition, we may disclose personal data about you (a) if we are required or permitted to do so by law or legal process, for example, due to a court order or a request from a law enforcement agency, (b) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (c) in connection with an investigation of suspected or actual fraudulent or other illegal activity, and (c) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).

6. Data transfers

We may transfer the personal data that we collect about you to recipients in countries other than the country in which the personal data originally was collected. Those countries may not have the same data protection laws as the Kingdom of Thailand’s personal data. When we transfer your personal data to recipients in other countries, we will protect that personal data as described in this Policy.

If you are located in the European Economic Area (“EEA”) or Switzerland, we will comply with applicable legal requirements providing adequate protection for the transfer of personal data to recipients in countries outside of the EEA and Switzerland.

You may request a copy of the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in the How to contact us section below.

7. How long do we keep information

The time period for which we keep personal data depends on the purpose for which we collected it. In all cases, we keep it for as long as necessary to fulfill the purposes for which we collected it. We will then delete the personal data, unless we are legally required to retain it or if we need to retain it in order to comply with our legal obligations (for example, for tax and accounting purposes).

Subject to any applicable legal requirements, we typically retain personal data as follows:

• Personal data you provide to us when you make a purchase through our App: we keep this personal data in order to process and deliver your purchase, and then we store it securely for seven years.
• Personal data you provide when you sign-up to receive direct marketing communications: we keep most of this personal data for the duration of our relationship with you until you opt-out or until we do not have any contact with you for two years.
• Personal data collected for analytics purposes: we keep this personal data for a short period of time necessary for us to carry out the analytics. We anonymize personal data used for analytics, immediately.
• Website logs: we keep Site audit logs, which may contain your personal data, for several months.

8. Your rights and choices

You always retain the right to withhold personal information from us, with the understanding that your experience of our website may be affected. We will not discriminate against you for exercising any of your rights over your personal information.

If you do provide us with personal information you understand that we will collect, hold, use and disclose it in accordance with this privacy policy. You retain the right to request details of any personal information we hold about you.

If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time. We will provide you with the ability to unsubscribe from our email database or opt-out of communications. Please be aware we may need to request specific information from you to help us confirm your identity.

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

9. Limits of Our Policy

Our App may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and we cannot accept responsibility or liability for their respective privacy practices.

10. Children’s Privacy

We do not aim any of our services directly at children under the age of 18, and we do not knowingly collect personal information about children under 18.

11. Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

12. Contact Us

For any questions or concerns regarding your privacy, or to request your data or account be deleted, you may contact us using the following details:

The Nightlife Asia

Email address: night@thenightlife.asia