Privacy Policy

W James Company Limited (the "Company") is the owner and the developer of WirtualApplication (“WIRTUAL”), the application designed to manage and operate the runningor other sports event hosted either offline and online (the 'Event"). By signing up andregistering to be the user to use the service of WIRTUAL (“User”), the User acknowledgesand understands that the Company would need to process the personally identifiableinformation (the "PII") of such particular User.

The Company announces this Privacy Policy to notify the User of the rights andobligations as well as the conditions for the collection, use, process and disclosure of theUser's PII.

This Privacy Policy is only applicable to the use of WIRTUAL and shall not apply to thePII process undertaken by the Event host or other service providers (i.e. the logisticprovider or the equipment tools), despite being the Company's partner and any otherthird-party (the "Third Party"). The User understand and agree that the Company doesnot give any representation and warranty either directly or explicitly for the PII processby the Third Party; and the User shall not hold the Company harmless or liable for theThird Party's action or negligence.

The Company may amend or revise this Privacy Policy at any time to assure thecompliance with the relevant laws and regulations and to assure the updates in theWIRTUAL services at any time; provided that the Company commits to communicate theamendments or revisions made via WIRTUAL and the amendment or revisions shallbecome effective once communicating on WIRTUAL.

If the User does not accept this Privacy Policy and any amendment thereof, theCompany reserves the rights to refrain from providing any services to those Users sincethe processing of the PII defined hereunder are critical for the provisions of theWIRTUAL services by the Company to the User. By continuing to use WIRTUAL, therelevant User shall be deemed to always accept and agree to the Privacy Policy.

Core Services of WIRTUAL

Core services of WIRTUAL as defined clearly under the Terms of Services can besummarized as follows: WIRTUAL is the platform that provide the service in managingand administering the Event hosted online or offline by: (i) the Company solely; (ii)jointly between the Company and the partners (the “Event Partner”) or (iii) solely by theEvent Partner but managed by WIRTUAL. WIRTUAL provide the end-to-end Event

management solutions, commencing from (1) Pre-Event registration; (2) Eventmanagement, including the participation evidence submission; and (3) Post-Eventsouvenir and reward (the “Reward”) handling to the relevant User.

Which PII is being processed by the Company via WIRTUAL?

1. Event registation information that include full name, age, sex and the contactinformation (address and telephone number) (the “Registration PII”) that theCompany may collect directly from the User or may obtain from the Event Partner;
2. Information relating to the payment of the Event participation fees (i.e. credit cardinformation or bank transfer information) (the “Payment PII”);
3. Evidence for the participation in the registered Event, including the total distancecompleted for each Event (the “Event PII”) that can be sent either (i) by photouploading; or (ii) by connecting WIRTUAL with the third-party fitness equipment orapplication (including without limitation Strava, Garmin, Suunto equipment orapplication);
4. Log of any transactions undertaken by the User on WIRTUAL, including withoutlimitation the log files for the log-in and log-out (the “Log PII”)
5. PII that the Company may collect from the User that contact the Company throughthe selected channel to address any problem or other difficulty in using WIRTUALeither via telephone number where the Company may record the User’s voice; emailor other support channel (“Support PII”)
6. Record details of the equipment or digital appliance that the User are using toconnect to WIRTUAL, including without limitation IP address, the equipment type,the connection network or status (“Equipment PII”)

How and Why the Company is processing the User’s PII via WIRTUAL?

1. The Company need to process the Registration PII to verify the User’s identity andeligibility to participate in the Event.
2. The Company need to process the contact information submitted as a part of theRegistration PII for the Reward delivery to the User who has completed the Eventpursuant to the terms and conditions of each Event.
3. The Company need to process the Payment PII in order to confirm if the paymenthas been made and whether or not the User would be eligible to participate in theEvent; and that the Payment PII will be kept and stored in the system for the User’sease of use for the next payment; provided that the Company commits to putappropriate security measure to assure the security of those stored Payment PII.
4. The Company need to process the Event PII, together with the Log PII, in order toconfirm and calculate if the User has completed the required distance or satisfy theconditions set for such particular Event that the User has registered for and which ranking the User is in the Event race. Those calculation and confirmation would bevital to show the User’ eligibility and entitlement to receive the Reward at the end fothe Event.

5. So long as the User is still the active user in WIRTUAL, the Company need to storeand analyze the Registration PII and Event PII as well as other Log PII with an aim toobtain the feedback for the bettwer improvement of the Event in WIRTUAL thatwould fit in with specific needs, interests or behavioral characteristics of the Users.For this particular purpose of PII processing, the Company commits to use the besteffort of limiting the use of PII to a minimum.
6. The Company needs to collect, use and store the Contact PII in order to evaluateand improve the performance of the support service for 3 months after collection.
7. For the purpose of improving the service provided via WIRTUAL, the Companyneeds to use cookies in various types; provided that the Company commits to usethose cookies for the specific purpose defined only. For this particular PII, the Usershall be entitled to change the web browser setting to prevent the use of cookies orother technical measures that the Company may be using; provided, however, theUser shall be aware that by preventing the use of cookies, the User may not be ableto enjoy the maximum benefit of all the WIRTUAL features.
8. The Company needs to collect, store and use the Equipment PII in order to assessand adjust the most compatible features that WIRTUAL should deliver that wouldmatch the User’s experience; provided that the Company commits that theCompany shall only use that Equipment PII for this limited purpose and shall notexcessively violate the User’s privacy right protected under the applicable laws.

In which case and to whom the User’s PII will be disclosed?

1. The Company need to disclose the Registration PII and the Event PII to the EventPartner so that the Event Partner can verify the eligibility to participate the Eventand to confirm if the relevant User shall receive any Reward; provided that thisdiclosure shall be made in strict compliance with the partnership agreement enteredinto between the Company and the Event Partner with clear instruction on thelimited scope and purpose of the disclosure and the Company shall assure that theEvent Partner be obliged to keep all the information received in strict confidenceand shall implement the maximum information security measures.
2. For the purpose of Reward delivery, the Company need to disclose the contactinformation of the User to the Reward suppliers and courier; provided that theCompany shall assure that the disclosure shall be done with the limited need-to-know basis scope and the relevant suppliers and courier shall be obliged to keep thedisclosed PII with the maximum information security measures.

3. Since WIRTUAL aims at being the sharing and storytelling platform about the Eventparticipation, the Company may need to disclose the User’s PII, including the nameand the distance achieved on the public platform of WIRTUAL. The purpose ofdisclosing the information is to motivate and encourage other users to participateand race in the Event. For this particular disclosure, the Company commits to limitthe direct disclosure of the PII to the general public to the minimum and to preventdisclosing the information that the other user would be able to easily use inidentifying and linking back those information to the individual User.
4. The Company may need to disclose the User’s PII to the affiliates and otheroutsourced service providers engaged in the performing direct service to WIRTUAL,including without limitation the advisors and auditors as well as the cloud serviceprovider or other marketing analytic service provider; provided that the Companyshall only disclose the User’s PII to the relevant recipient strictly on the need toknow basis and the relevant recipient shall be bound by the confidentiality andinformation security obligations at the same standard as the Company.
5. The Company may need to diclose the User’ PII to third party in the legalproceedings to protect their legitimate rights or to detect and prevent any fraud inthe WIRTUAL system; provided that such disclosure shall be done on the limitedand specific purposes as defined.
6. In case that the Company is obliged under the applicable laws, court judgment oradministrative order to disclose any PII of any particular users, the Compnay wouldneed to do so.

Representation on the Privacy Security

The Company represents and guarantees that the Company shall use the mostappropriate security measures to prevent the unauthorized access, amendment ordisclosure of the PII in any form or in any circumstance by either internal or externalpersons and the Company commits to review those measures on the regular basis withthe strong commitment to use the best industrial practice and to be in strict compliancewith the applicable laws.

The Company respects the User’s Rights

The Company acknowledges and accepts the User’s rights as the data subject over theirPII as defined under the applicable laws, including in particular the Personal DataProtection Act of Thailand and Singapore.

The User shall be entitled to exercise any of the data subject’s rights and the Companycommits to respond back in the timeline manner and in strict compliance with theapplicable laws.

‍Company’s contact information

In case the User would like to contact the Company to raise any PII issues or to requestto exercise any rights, feel free to contact the Company at hello@wirtual.co.