Multi Metaverse Avatar (Thailand) (“We”) recognizes the importance of the protection and maintaining privacy and security of your Personal Information (“User", “you”) that provided to us during the use of the Platform. Therefore, we published this Privacy Policy (“Privacy Policy”) to described how we collect, use or disclose your Personal Information, rights you have regarding your Personal Information under the Data Protection Laws and how you can contact us.

The scope of this Privacy Policy is limited to the Personal Information we collected or received through your use of the Platform or any interaction you have with the Platform. We are not responsible for the processing of your Personal Information by third parties, people or companies that not related to the purposes of using the Platform or purposes specified under this Privacy Policy.

For the avoidance of doubt, where there is no existence of any applicable data protection laws in the User’s jurisdictions or the GDPR is not applicable in the User’s jurisdiction, the applicable data protection law that will be used to govern the collection, uses, or disclosure of Personal Information by us shall be the PDPA.

Under this Privacy Policy, the definitions of the following terms, unless specified otherwise, will be as follows:

“Data Protection Laws” means PDPA, GDPR, CCPA and any applicable laws concerning personal data protection in your jurisdictions. The term Data Protection Laws under this Privacy Policy shall includes any regulations, notifications, and orders in relation to the GDPR PDPA, CCPA and applicable personal data protection laws.

“GDPR” means European Union’s General Data Protection Regulation 2016/679, which is the law concerning the processing of personal data in the context of the activities of an establishment of a controller or a processor in the European Union, regardless of whether the processing takes place in the Union or not.

“PDPA” means Thailand Personal Data Protection Act B.E. 2562 (2019) including any regulations, notification, and orders in relation to the PDPA.

"CCPA" means The California Consumer Privacy Act of 2018 which is the law concerning the processing of personal data of a person that lives in California.

“Platform” means Application/software called “WIRTUAL” including www.wirtual.co and www.wirtualverse.com, digital experience, or one of other related products or services provided on the “WIRTUAL”.

“Personal Information” means any information relating to a person, which enables the identification of such person, whether directly or indirectly, but not including the information of the deceased persons.

How we collect Personal Information

We will collect your Personal Information in order to provide you with the access to the Platform, products or services that you requested. We may collect your Personal Information directly from you via the following channels and activities:

• when you register or create an account or e-wallet on the Platform;
• when you interact with any features provided on the Platform; 
• make purchases of any products or services provided on the Platform;
• contact our customer services for support or queries;
• request to receive a news or updates about the Platform from us;
• fill-in the survey about your interest and satisfaction;
• participate in activities, challenges, contests or events that we provided on the Platform from time to time; 
• when you login to your account on the Platform to use an exclusive service provided by us.  

In addition, we may collect your Personal Information that we can access from other public or available sources or other third parties service provider that you connected your account you have with them, such as social media, fitness tracking application, government authorities, other third parties, etc.

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Types of collected Personal Information

All visitors can access to the content we published on the Platform. However, some of the contents or services may be reserved for users that register an account with us on the Platform prior to the use of its. You can register for an account (“Sign Up”) on the Platform to allow your access to other services by following appropriate procedures and to enable particular features within our Platform. For example, we request access to your phone’s location data to log and record your run route, your calendar to schedule a training plan or your social network credentials to post content from our Platform to a social network. 

The Personal Information we collect from you depend on how you interact with us and are as follows;

Personal Information collected when you create an account or make a purchase on the Platform:

• Identity data e.g., Name, Surname, Age, Date of Birth.
• Physical characteristic data e.g., Weight, Height. 
• Health data e.g., Information concerning health conditions.
• Contact details e.g., Address, Mailing address, Phone number, E-mail address, Country.
• Transaction and Financial data e.g., Credit cards detail, Shipping address, Transaction details, E-wallet detail.  
• Account data e.g., Username, Password, Transactions History.
• Technical data e.g., IP Address, Cookie ID, Activity Log.
• Other data e.g., Any information that you voluntarily submitted to us that considered to be Personal Information such as picture, motion picture, employee ID, organization detail, information appeared on any submitted documents (if any), etc. 
  

Personal Information collected when you choose to participate in competitions, challenges, events, or upload details of your participated activities, location and any activities data to us through our Platform or any related application synced to the Platform:

• Device and third parties applications data e.g., Information synced from third party applications, device information used during the challenges or competitions, device sensors.
• Physical characteristics data e.g., Weight, Height
• Geolocation data e.g., GPS location (latitude and longitude).
• Fitness activity data e.g., Time, Challenges or competitions duration, Distance, Heart rate, Calorie count, Pace/stride, Activity time.
• Other data e.g., Picture, Motion Picture and any other information that is considered Personal Information that you voluntarily submitted to us.
  

In certain circumstance, we may collect, use or disclose your sensitive personal information that is specially categorized by Data Protection Laws, which may include the sensitive personal information that categorized under the applicable data protection law in your jurisdiction, such as health data, religion, biometric data (such as facial recognition data, iris recognition data, fingerprint recognition data) and any data which may affect the data subject, you, in the same manner to provide certain services on our Platform. However, we will take appropriate measures in protecting and using this kind of data only if necessary for us to pursue with the purpose specified under this Privacy Policy as permissible under the Data Protection Laws in certain jurisdiction or we have obtained your explicit consent prior to the use of your sensitive personal information.

Please note that if you do not provide us with your Personal Information or sensitive personal information that is necessary for providing access or use of the Platform, such as your identity data and fitness activity data, we may not be able to provide you with some of our features or services that we provided on the Platform and we may not be able to manage or administer your account or provide you with any convenience during your use of the Platform or participating in our challenge or competitions.

Minor 

Depends on the place or residence of the Platform’s users, the protection of minor privacy and Personal Information will be governed and restricted by the following conditions:

Use the Platform in Thailand and country that GDPR does not apply

If you are under the age of 20 or having legal restrictions, we may require your parents, guardians or other persons allowed by applicable law to provide consent to us for collecting, using or disclosing your Personal Information.

Use the Platform in European Union 

Persons under the age of 16, or any higher minimum age in the jurisdiction where that person resides in the European Union, we may require your parents, guardians or other persons allowed by applicable law to provide consent to us for collecting, using or disclosing your Personal Information. 

Use the Platform in California

Persons under the age of 13, we may require consent from your parents, guardians or other persons allowed by applicable law in your jurisdiction to provide consent to enable us for disclose your Personal Information to third parties or our business partners. If you are a person aged between 13 and 16 years, we will obtain consent from you before we disclose your Personal Information to third parties or our business partners.

In the event we learn that we have collected the Personal Information of a minor under the relevant minimum age without parental or guardian consent, we will take reasonable measures to promptly delete such information from our records in a secure manner. 

Parents who believe that their child has submitted Personal Information without obtaining parental or guardian consent to us, for the case that parental is required, please let us know by contacting us at hello@wirtual.co

Storage of Personal Information 

We will keep your Personal Information in document and electronic form. We store your Personal Information on our company’s server in Thailand and in Google Cloud service. 

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Purposes of Personal Information processing.

We will collect, use or disclose your Personal Information according to your request and/ or agreement you have with us. This includes but is not limited to the following purposes:

1. To create, manage, improve , operate, provide and/or administer your use of and/or access to our Platform in order to troubleshoot and protect against errors, perform data analysis and testing;
2. To authenticate users, facilitate secure payments, prevent or investigate any actual or suspected violations of terms and conditions of the Platform and any provided challenges or competitions, fraud, unlawful activity, omission or misconduct, whether relating to your use of the Platform or any other matter arising from your relationship with us;
3. To customize, evaluate, improve and personalize features of the Platform, communications and advertisements regarding the Platform or products and services provided on the Platform that might be of your interest in order to enhance your customer experience on the Platform;
4. To perform our obligation or taking steps upon your request before using our Platform, making a purchase on our Platform, participate in our challenges, competitions, events, promotion or consider for approval in relation to the provision of related products and/or services, and deliver our products and/or services to you;
5. To use for our internal business process and develop the challenges, competitions, event, activities on the Platform with our business partners;
6. To develop and improve our Platform, products, services and, systems to enhance our features, services and technologies standard of the Platform and/or for the greatest benefits in fulfilling your needs;
7. To analyze any information you submitted to us for participating the challenges, competition or events hosted by us on the Platform, such as to analyze your activity data and physical characteristic in order to issues or announce the reward for your participation;
8. To contact, inform or communicate with you about any update features, products, services related to the Platform, marketing, after-sales service of any purchased products or services on the Platform and to notify you of any update on challenges, competitions, activities provided on the Platform for your benefit where permitted by applicable law. In other cases, we will ask for your consent to send you marketing information;
9. To respond to, handling, and processing queries, requests, applications, complaints, and feedback you submitted to us;
10. To comply with our policies, terms and conditions and respond to legal processes or to comply with applicable law, governmental or regulatory any relevant jurisdiction.

In addition, please be informed that we still entitled to use your Personal Information we collected prior to the effectiveness of the Data Protection Laws according to the purposes we inform you at the time of collection without obtaining your consent again. However, if you wish us to discontinue the proceeding of such Personal Information, you can contact us to withdraw your consent at any time via hello@wirtual.co

Legal ground for processing 

Subjected to the Data Protection Laws in your jurisdiction, we rely on several legal basis to process your Personal Information for purposes specified under this Privacy Policy, which includes:

• When you have given your consent to us for processing your Personal Information for certain purposes, such as for the purpose of contact you for providing a news or updates of our Platform or challenges and competitions, which you may withdraw your consent at any time by inform us via hello@wirtual.co
• When our processing of your Personal Information is necessary to perform a contractual obligation or before entering into a contract with us, such as for us to provide access or services on our Platform;
• It is our legitimate interest for us to process your Personal Information for our business purposes, such as for internal business purpose, improve and develop the Platform to suit with your need and received a better experiences;
• When it is necessary for us to process your Personal Information to comply with our legal obligation, such as tax submission.
• If we collect your Personal Information which considered to be sensitive personal information, we will ask for your explicit consent prior to our processing of your sensitive personal information, such as your health data.

Disclosure of Personal Information

We never sell any of your Personal Information that you provided to us. In certain circumstance, we may disclose or share your Personal Information to others third parties, only if we obtain your consent or as permitted by applicable law. The third parties that we will disclose or share your Personal Information will includes the following individuals/ organizations:

Internal organization

We may disclose your Personal Information within our organization, affiliates and group companies to pursue with purposes specified under this Privacy Policy.

Service Providers

We may use certain service providers to help us provide services or assistance on the Platform such as payments gateway provider, shipping and deliveries service providers, and event organizer. When we engage another company to perform such functions, we may provide them with your Personal Information only as necessary to pursue with the purpose related to your use of the Platform. When we use any of service providers, we will enter into an agreement that required to implement an appropriate security measure to protect your Personal Information and limited the purposes for processing to be only for Platform.

Business Partners and Sponsors

In relation with our business partners and sponsors, we may disclose certain of your Personal Information to them in order to coordinate and provide information about products or services related to the Platform to you. Our business partners process your Personal Information we disclosed or shared only if we obtain your consent or permitted by applicable law for the certain purpose, such as sending you a marketing communication. We will enter into an agreement that required to implement an appropriate security measure to protect your Personal Information and limited the purposes for processing to be only for Platform

Business Transfer

In connection with any reorganization, restructuring, merger or acquisition, or other transfer of assets, we may transfer information, including certain your Personal Information, provided that the receiving party agrees to respect your Personal Information in a manner that is consistent with this Privacy Policy and the applicable law.

Legal Authority

Under certain circumstances, we may be required to disclose your Personal Information if required to do so by law or in response to valid requests by government authorities such as court or a government body.

Cross-border Data Transfer

We may disclose or transfer your Personal Informationto individuals, organizations, or third-party cloud infrastructure provider located in the country that not located in your country and we will be transfer your Personal Information only for the purposes specified in this Privacy Policy. We will implement security measures to ensure that your Personal Information is processed, secured, and transferred to the destination country that European Commission has adequacy decision for such country  or as required by applicable law to protect and maintain your Personal Information. In the absence of an adequacy decision by the European Commission, your Personal Information will only be transferred to a destination country only if appropriate safeguards  of such country is in accordance with GDPR or  we will entered into an agreement with the third parties that will received your Personal Information that contain European Commission approved model contractual clause concerning transfer of Personal Information. 

Retention Period

We will retain your Personal Information for as long as necessary during the period you have a relationship with us as a user or our customer on the Platform, or for as long as necessary in connection with the purposes set out in this Privacy Policy, unless the applicable permits a longer retention period of your Personal Information. We will erase, destroy or anonymize your Personal Information when it is no longer necessary or when the period lapses.

Data Subject Rights

When you provide us with your Personal Information, you have the rights through which you can exercise your rights free of charge, unless the Data Protection Laws or other applicable law in your jurisdiction specified to be otherwise. If you live in certain jurisdictions, you may have legal rights with respect to your Personal Information which allow you to exercise any of these rights:

1.Right to withdraw consent: If you have given consent to us to collect, use or disclose your Personal Information, you have the right to withdraw such consent at any time throughout the period your Personal Information available to us. However, the withdrawal of consent shall not affect the processing of Personal Information you have already given consent to us legally.

2.Right to access: You have the right to access your Personal Information that is under our responsibility; to request us to make a copy of such Personal Information for you; and to request us to reveal how we obtain your Personal Information.

3.Right to data portability: You have the right to obtain your Personal Information if we organize such Personal Information in automatic machine-readable or usable format and can be processed or disclosed by automatic means; to request us to send or transfer the Personal Information in such format directly to other data controllers if doable by automatic means; and to request to obtain the Personal Information in such format sent or transferred by us directly to other data controllers unless not technically feasible.

4.Right to objection: You have the right to object to collection, use or disclosure of your Personal Information at any time if such doing is conducted for legitimate interests of us, corporation or individual or for carrying out public tasks, unless such processing is within your reasonable expectation.

5.Right to erasure or destruction: You have the right to request us to erase, destroy or anonymize your Personal Information if you believe that the collection, use or disclosure of your Personal Information is against relevant laws; or retention of the Personal Information by us is no longer necessary in connection with related purposes under this Privacy Policy; or when you request to withdraw your consent or to object to the processing as earlier described.

6.Right to restriction of processing: You have the right to request us to suspend processing your Personal Information during the period where we examine your rectification or objection request; or when it is no longer necessary, and we must erase or destroy your Personal Information pursuant to relevant laws, but you request us to suspend the processing instead.

7.Right to rectification: You have the right to rectify your Personal Information to be updated, complete and not misleading.

8.Right to lodge a complaint: You have the right to complain to competent authorities pursuant to relevant laws in your jurisdiction if you believe that the collection, use or disclosure of your Personal Information is violating or not in compliance with the Data Protection Laws.

9.Rights to not subject to Automated Decision-Making: If you are located in the country under the GDPR jurisdiction, you have the right not to be subject to a decision based solely on automated processing. Where processing of your Personal Information is “automated” and carried out without human intervention and where it produces legal effects or significantly affects you.

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You may exercise any of these rights by contacting us or our data protection officer using the “Contact Information” set out below. We will notify the result of your request within 30 days upon receipt of such request. If we deny the request, we will inform you of the reason via SMS, email address, telephone, registered mail, etc.

Advertising and Marketing

To enable you to receive benefits from using the Platform, we may use your Personal Information to analyze, personalize and enhance the Platform and products or services provided on the Platform, and marketing efforts through certain providers, such as Google, Facebook, etc. We use such information to provide you with customized and personalized recommendations for features, services or products related to the Platform that we think will be of interest to you.

Our Platform may display advertisements from third parties in order to facilitate our service. These third parties may have access to your Personal Information only for these purposes and have an obligation not to disclose or use your Personal Information for any other purposes.

We may send certain information or newsletter for the marketing purpose via your email or notification on the Platform. If you no longer want to receive the marketing communications from us, you can contact us via the provided channels set forth below.

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Automated Decision Making

We do not use automated decision-making without human intervention, including profiling, for grant or provide you the access or use of the Platform in a way that produces legal effects concerning you or otherwise significantly affects you.

Cookies

Cookies are small files that a site or its service provider transfers to your computer's hard drive through your web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.  

If you disable cookies off, some features will be disabled. It will turn off some of the features that make your site experience more efficient and some of our services will not function properly. 

If you would like to learn more about the use of cookies and setting such cookies, you can visit wirtual.co/cookie-policy or you can find details on how to reject or delete cookies as well as general additional information about cookies that can be found at www.allaboutcookies.org

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California Consumer Privacy Act (CCPA)

If you are a California resident or living in California while using the Platform (“California’s User”), you will be entitled to the following additional rights regarding your Personal Information that is under our possession.

1.Right to access Personal Information: California’s User has the right to request us to provide detail of Personal Information that we collected and use during the past 12 months. The detail that you can request us to provide to you includes Personal Information collected by us, sources of collection, the commercial purpose for collecting and disclosing your Personal Information, and detail of any third parties that we disclosed your Personal Information. The detail of how we collect and use your Personal Information, Personal Information we collected from you and the purpose of the collection, and detail of third parties that we disclose your Personal Information is specified in “How we collect Personal Information”, “Types of collected Personal Information Purposes of Personal Information processing” and “Disclosure of Personal Information” respectively.

2.Right to deletion: California’s User has the right to request us to delete any Personal Information we have collected from California’s User unless the CCPA permits us to retain your Personal Information after you exercise your rights. In addition, California’s User may exercise this right by [Please specify the method that the Platform’s user can manage or delete their Personal Information by themselves, such as via account setting (if any)].

3.Right to opt-out from selling (disclosing) your Personal Information to third parties: California’s User has the right to request us to, at any time, not to sell their Personal Information to any third parties. Please note that the terms “third party” will not include the service provider to whom we disclose Personal Information for the purpose of providing the Platform. 

If you wish to exercise this right, you may do so by clicking “Do Not Sell My Personal Information” or you may contact us via the contact information specified under this Privacy Policy

4.Right to non-discrimination: California’s User has the right to non-discrimination for exercising their rights under CCPA.

Security of Personal Information

We endeavor to protect your Personal Information by establishing security measures in accordance with the principles of confidentiality, integrity, and availability to prevent loss, unauthorized or unlawful access, destruction, use, alteration, or disclosure including administrative safeguard, technical safeguard, physical safeguard and access controls. In addition, our staffs, employees, business partners and service providers are obliged to maintain the confidentiality of your Personal Information by complying with the data security standards and policies when any of Personal Information is being used, transmitted, transferred or processed.

You should be aware that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

If you have specified the password for the access of the Platform, it is your own responsibilities to maintain confidential of such password and to not allow other person for unauthorized access to your Personal Information.

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Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy from time to time. We will be publishing such changes on our website or and on the Platform. In case of material changes, we will notify you of such changes without delay.

This Privacy Policy was last updated and effective on 13 January 2022

Links to other websites

The Platform may contain links to other website that are not owned or controlled by us. Please be aware that not responsible for the privacy policies of such other website or third parties. We encourage you to be aware when you leave our Platform and to read the privacy policies of each website that may collect your Personal Information.

Who we are and our contact information

If you have any questions about this Privacy Policy or would like to exercise your rights, you can contact us by using the following details:

Multi Metaverse Avatar (Thailand)

Address: Block 28 Creative & Startup Village 926 Building C, Room no. C210-C212, Soi Chula 7 Rama IV, Road, Wangmai, Pathumwan, Bangkok, Thailand 10330

Website: www.wirtual.co

Email: hello@wirtual.co

Data Protection Officer 

Email: pawat.y@wirtual.co