PRIVACY POLICY

Effective Date: 1 January 2025

This Privacy Policy (“Policy”) describes how MotionERP (“we,” “us,” or “our”) collects, uses, discloses, and protects your Personal Data in accordance with the Thailand Personal Data Protection Act B.E. 2562 (the “PDPA”) and other applicable laws and regulations. By using our services, visiting our website(s), or otherwise interacting with us, you consent to the terms of this Privacy Policy.

1. Definitions

1.1 Personal Data
“Personal Data” means any information relating to an identified or identifiable individual (natural person). This may include, but is not limited to, name, address, email address, phone number, identification number, or any other information that can directly or indirectly identify you.

1.2 Sensitive Personal Data
“Sensitive Personal Data” may include data such as biometric data, health data, religious or philosophical beliefs, or other data designated by law as sensitive. We will only collect and process Sensitive Personal Data where strictly necessary and in accordance with the PDPA and relevant guidelines.

1.3 Data Subject
“Data Subject” means any individual who can be identified from the Personal Data.

1.4 Data Controller
“Data Controller” means the entity (us) with the authority to make decisions regarding the collection, use, or disclosure of Personal Data.

1.5 Data Processor
“Data Processor” means any individual or entity that processes Personal Data on behalf of the Data Controller.

2. Scope of This Policy

2.1 Applicability
This Policy applies to all websites, applications, services, tools, and platforms (collectively, “Services”) owned or operated by MotionERP. It outlines how we handle the Personal Data of individuals who use, visit, or otherwise engage with our Services.

2.2 Exclusions
This Policy does not apply to third-party websites, services, or applications that we do not own or control. If you access or use any third-party services via links or integrations through our Services, their respective privacy policies and terms will govern your use of those services. We encourage you to review such third-party policies carefully.

3. Types of Personal Data We Collect

3.1 Personal Data Provided Directly by You

  • Contact Information: Name, email address, phone number, postal address.

  • Identity Verification: National ID, passport number, or other government-issued identification (only where necessary).

  • Account Credentials: Username, password, and any security or authentication details you provide.

  • Billing Information: Credit card details, bank account information, tax identification numbers (where applicable).

3.2 Data Collected Automatically

  • Usage Data: Information about how you navigate and interact with our Services (e.g., IP addresses, browser type, device information, and log data).

  • Cookies and Tracking Technologies: We use cookies, web beacons, and similar technologies to gather information about how you use our Services, your preferences, and to customize your experience.

3.3 Sensitive Personal Data
We will not collect Sensitive Personal Data unless it is required for certain functionalities (e.g., biometric authentication). Where necessary, we will obtain your explicit consent and process such data in strict compliance with the PDPA.

4. How We Collect Your Personal Data

4.1 Direct Interactions
We collect Personal Data when you:

  • Register or create an account on our website.

  • Fill out online forms, surveys, or questionnaires.

  • Contact us via email, phone, or support ticket.

  • Provide feedback or participate in promotional activities.

4.2 Automated Technologies
We automatically collect technical data about your browsing actions and patterns through the use of cookies, server logs, and other tracking technologies.

4.3 Third Parties
We may receive Personal Data from third parties such as:

  • Service Providers: Partners who help us operate or market our Services.

  • Analytics Providers: Tools like Google Analytics or other analytics services.

  • Public Databases: Data that is publicly available and legally obtained.

5. Purposes for Processing Personal Data

5.1 Service Provision
To register you as a user, provide access to our Services, and maintain your account.

5.2 Customer Support
To respond to your inquiries, troubleshoot issues, and offer technical support.

5.3 Business Operations
To manage billing, invoicing, and payment processes, as well as detect and prevent fraudulent transactions.

5.4 Communication & Marketing
To send you administrative updates, marketing materials, or promotional offers (where you have given us appropriate consent or otherwise as permitted by law).

5.5 Personalization
To analyze usage patterns, improve user experience, and tailor content or features to your preferences.

5.6 Legal Compliance & Security
To comply with applicable laws, regulations, court orders, or other legal obligations, and to protect our rights, privacy, safety, or property and/or that of our affiliates, you, or others.

6. Disclosure of Personal Data

6.1 Within Our Organization
We may share your Personal Data with employees or subsidiaries within MotionERP, but only when strictly necessary for operational or compliance purposes.

6.2 Service Providers (Data Processors)
We may engage third-party service providers to process Personal Data on our behalf for purposes such as hosting, payment processing, analytics, or security. These providers are obligated to process the data only as directed by us and to maintain reasonable security measures.

6.3 Business Transfers
In the event of any merger, acquisition, reorganization, sale of assets, or bankruptcy, your Personal Data may be transferred to the relevant third party, subject to compliance with the PDPA.

6.4 Legal Compliance
We may disclose your Personal Data to government authorities, law enforcement officials, or other third parties when required by law, regulation, or legal process.

6.5 Consent
We may disclose Personal Data with your explicit consent, such as when you direct us to share information or request additional services.

7. International Data Transfers

7.1 Cross-Border Transfers
If we transfer your Personal Data to another country, we will ensure that such country has an adequate level of data protection as required by the PDPA. Where necessary, we will implement additional safeguards such as contractual clauses or obtain your consent.

7.2 Your Rights
If applicable, you may be entitled to request information regarding the cross-border transfer mechanisms we implement. To do so, please contact us using the details in Section 10.2.

8. Data Security Measures

8.1 Technical and Organizational Safeguards
We maintain appropriate security measures to protect your Personal Data from unauthorized access, use, disclosure, alteration, or destruction. These measures include encryption, secure servers, restricted access controls, and regular security assessments.

8.2 Incident Response
In the event of a data breach or security incident affecting your Personal Data, we will promptly notify you and relevant authorities (as required by the PDPA) and take necessary steps to mitigate the potential impact.

8.3 User Responsibility
You are responsible for maintaining the confidentiality of any credentials (e.g., passwords) and for all activities conducted through your account.

9. Your Rights Under the PDPA

9.1 Right to Access
You may request confirmation whether we process your Personal Data, and request a copy of that data, subject to legal exceptions.

9.2 Right to Rectification
You have the right to request the correction of any inaccurate or incomplete Personal Data.

9.3 Right to Erasure
You have the right to request the deletion or anonymization of your Personal Data under certain circumstances, unless we have lawful grounds to refuse.

9.4 Right to Object
You may object to the processing of your Personal Data for direct marketing or other specific purposes, unless the processing is based on legitimate grounds.

9.5 Right to Restrict Processing
Under certain circumstances, you may request us to temporarily suspend the use of your Personal Data.

9.6 Right to Data Portability
You may request a copy of your Personal Data in a structured, commonly used, and machine-readable format, and have the right to transmit that data to another party.

9.7 Right to Withdraw Consent
Where processing is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing carried out before the withdrawal.

10. Contact Us & Policy Updates

10.1 Policy Updates
We may update this Policy from time to time to reflect changes in legal or regulatory requirements, or changes in our business operations. When we make material changes, we will notify you via email, a notice on our website, or through other appropriate means. The “Effective Date” at the top of this Policy indicates the date of the most recent revision.

10.2 Contact Us
If you have any questions, concerns, or requests related to this Privacy Policy or your Personal Data, please contact us at:

49 Moo 7 Watbot. Panatnikom, Chonburi 20140
Email: support@dynamics-motion.com
Phone: 02-028-7495

10.3 Lodging a Complaint
If you believe we have processed your Personal Data unlawfully or breached your rights under the PDPA, you have the right to file a complaint with the Thailand Personal Data Protection Committee (PDPC) or other competent authority.

Disclaimer

This Privacy Policy is provided for informational purposes and should be reviewed by qualified legal counsel to ensure compliance with all applicable laws and regulations in Thailand. By using our Services, you agree to the collection, use, disclosure, and protection of your Personal Data as described in this Policy.


Last Updated:  5 January 2025