Privacy Notice and Terms and Conditions

PRIVACY NOTICE

The Huay Pakkoot Elephant Community Foundation (“We”) are committed to protecting and respecting your privacy.
This policy (together with our terms and conditions [please see below] and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
1. Definitions
Data controller - A controller determines the purposes and means of processing personal data.
Data processor - A processor is responsible for processing personal data on behalf of a controller.
Data subject – Natural person
Categories of data: Personal data and special categories of personal data
Personal data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. e: thecharlotteemily@gmail.com t: +44(0)7516 622482 w: thecharlotteemily.com o : 18 Lowdells Drive, East Grinstead, West Sussex RH19 2RZ
2. Who are we?
Satit Trachookwamdee of The Huay Pakkoot Elephant Community Foundation is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are:

Satit Trachookwamdee

Huay Pakkoot Elephant Community Foundation

Huay Pakkoot Village,

Mae Suek,

Mae Chaem District,

Chiang Mai Province,

50270,

Thailand

Telephone number: +66 (0) 97-957-4693
3. The purpose(s) of processing your personal data
We use your personal data for the performance of a contract with the data subject or to take steps to enter into a contract.
4. The categories of personal data concerned
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:

Personal data – name, address, telephone number, email, passport number (or similar ID)

We have obtained your personal data from the performance of a contract or potentially entering into a contract.
5. What is our legal basis for processing your personal data?
Our lawful basis for processing your general personal data is processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract.
6. Sharing your personal data
Your personal data will be treated as strictly confidential, and will be shared only with Gmail, Google Drive, WhatsApp direct messages, or Line.
7. How long do we keep your personal data?
We keep your personal data for no longer than reasonably necessary for a period of seven (7) years in order to answer any legal claims/complaints and for tax purposes.
8. Providing us with your personal data
We require your personal data as it is a requirement necessary to enter into a contract.
9. Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

The right to request a copy of the personal data which we hold about you;
The right to request that we correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary to retain such data;
The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/ exercise of official authority); direct marketing and processing for the purposes of scientific/ historical research and statistics).

10. Transfer of Data Abroad
We do not transfer personal data outside Thailand.
11. Automated Decision Making
We do not use any form of automated decision making in our business.
12. Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
13. Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
14. How to make a complaint
To exercise all relevant rights, queries or complaints please in the first instance contact

Satit Trachookwamdee

Huay Pakkoot Elephant Community Foundation

Huay Pakkoot Village,

Mae Suek,

Mae Chaem District,

Chiang Mai Province,

50270,

Thailand
Telephone number: +66 (0) 97-957-4693

© Huay Pakkoot Elephant Community Foundation 2020

TERMS AND CONDITIONS

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained herein are subject to change at any time.

1. For Educational and Informational Purposes Only – Not Professional Advice

1.1 The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.

1.2 The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, professional advice. The information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.

1.3 We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional.

1.4 Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

2. Acceptance

2.1 Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and the Company or any of its professionals.

2.2 The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.

2.3 By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan suggested or recommended on this Website. You expressly agree not to rely upon any information contained in this Website.

1. Definitions

1.1 “Company” shall mean The Huay Pakkoot Elephant Community Foundation, a registered non-profit, its successors and assigns or any person acting on behalf of and with the authority of The Huay Pakkoot Elephant Community Foundation.

1.2 “Client” shall mean the person or entity described as such on the invoices, application for credit, quotation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.

1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Client if a Limited Liability Client on a principal debtor basis.

1.4 “Services” shall mean services supplied by the non-profit to the client (and where the context so permits shall include any supply of services as hereinafter defined) and are as described on the invoices, quotation or any other forms as provided by the non-profit to the client.

1.5 “Services” shall mean all services supplied by the non-profit to the client in exchange for donations and includes any advice or recommendations (and where the context so permits shall include any supply of goods as defined above).

1.6 “Price” shall mean the donation towards the services as agreed between the non-profit and the client subject to clause 3 of this contract.

2. Acceptance

2.1 Any instruction received by the non-profit from the client for the supply of services and/or the clients acceptance of services supplied by the non-profit shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all donations.

2.3 Upon acceptance of these terms and conditions by the client and the terms and conditions are irrevocable and can only be amended with the written and signed consent of the non-profit.

2.4 The client undertakes to give the seller at least fourteen (14) days notice of any change in the clients name, address and/or any other change in the clients details.

3. Price, Payment and Delivery of Services

3.1 At the non-profit’s sole discretion;

a) as indicated on invoices provided by the non-profit to the client in respect of services supplied; or

b) the non-profit’s quoted donation amount (subject to clause 3.2) which shall be binding upon the non-profit provided that the client shall accept the non-profit’s quotation in writing within thirty (30) days.

3.2 The non-profit reserves the right to change the donation amount in the event of a variation to the non-profit’s quotation.

3.3 At the non-profit’s sole discretion:

a) donations shall be due on delivery of services, or

b) donation shall be due before delivery of the services

3.4 Payment will be made by cash, or by cheque, or by direct transfer, or by any other method as agreed to between the client and the non-profit.

3.5 VAT and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.

4. Title

4.1 It is the intention of the non-profit and agreed by the client that services shall not pass until;

a) the client has paid all amounts donating for the particular services, and

b) the client has met all other obligations due by the client to the non-profit in respect of all contracts between the non-profit and the client.

4.2 Receipt by the non-profit of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the non-profit’s ownership or rights in respect of the services shall continue.

4.3 It is further agreed that;

a) where practical the services shall be kept separate and identifiable until the non-profit shall have received payment and all other obligations of the client are met; and

b) until such time as ownership of the services shall pass from the non-profit to the client the non-profit may give notice in writing to the client to delay the services. Upon such notice the rights of the client to obtain the services or any other interest in the services shall cease; and

c) the non-profit shall have the right of stopping the services if risk-assessments are broken.

5. Buyer’s Disclaimer

5.1 The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the client by the non-profit and the client acknowledges that the services are bought relying solely upon the client’s skill and judgement.

6. Warranty

6.1 The non-profit shall not be bound by nor responsible for any term, condition, representation or warranty other than by them, as the provider of the services.

6.2 To the extent permitted by law, no warranty is given by the non-profit as to the quality or suitability of the services for any purpose and any implied warranty is expressly excluded.

7. Intellectual Property

7.1 Where the non-profit has designed, drawn, supplied, digital files or written services for the client, then the copyright in those designs, drawings and files shall remain vested with the non-profit, and shall only be used by the client at the non-profit's discretion.

7.2 Where the non-profit has designed and supplied digital files for the client, then the native files shall remain vested with the non-profit, and shall only be supplied to the client at the non-profit's discretion.

7.3 The client warrants that all designs or instructions to the non-profit will not cause the non-profit to infringe any patent, registered design or trademark in the execution of the client’s order.

8. Archiving

8.1 Non-profit shall not archive products for client (including in particular data and media) without prior written agreement and upon such payment terms as non-profit shall in its sole discretion determine. Client shall be responsible for insuring such archived products.

8.1 Non-profit will archive products for own records (including in particular data and media) for three (3) years from published date. Non-profit shall not be responsible for insuring such archived products.

9. Data Protection

9.1 The client and the guarantors if separate to the client authorise the non-profit to;

a) collect, retain and use any information about the client, for the purpose of assessing the client’s credit worthiness or marketing products and services to the client; and

b) to disclose information about the client, whether collected by the non-profit from the client directly or obtained by the non-profit from any other source, to any other credit provider or any credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection or of listing default by the client on publicly accessible credit reporting databases.

9.2 The client shall have the right to request the non-profit for a copy of the information about the client retained by the non-profit and the right to request the non-profit to correct any incorrect information about the client.

10 General

10.1 If any provision of these terms and conditions shall be invalid, void illegal or unenforceable the validity, existence, legality, and enforcement of remaining provisions shall not be affected, prejudiced or impaired.

10.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Thailand.

10.3 The non-profit shall be under no liability whatever to the buyer for any indirect loss and/or expense suffered by the client arising out of a breach by the non-profit of these terms and conditions.

10.4 In the event of any breach of this contract by the non-profit the clients remedies shall be limited to damages not to exceed the price of services under any circumstances.

10.5 The client shall not be allowed to off set against or deduct from the price any sums owed or claimed to be owed to the client by the non-profit.

10.6 The non-profit may licence or subcontract any or all of its rights and obligations without the client’s consent.

10.7 The non-profit reserves the right to review or amend these terms and conditions at any time. The change would have immediate effect and clients should check the terms and conditions which apply at the time of ordering.

10.8 Neither party shall be liable for any default due to any act of God, war terrorism, strike, lock out, industrial action, fire, flood drought, storm or other event beyond the reasonable control of either party.

Privacy Notice and Terms and Conditions

Satit Trachookwamdee

Huay Pakkoot Elephant Community Foundation

Huay Pakkoot Village,

Mae Suek,

Mae Chaem District,

Chiang Mai Province,

50270,

Thailand

Personal data – name, address, telephone number, email, passport number (or similar ID)

The right to request a copy of the personal data which we hold about you;

The right to request that we correct any personal data if it is found to be inaccurate or out of date;

The right to request your personal data is erased where it is no longer necessary to retain such data;

The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;

Satit Trachookwamdee

Huay Pakkoot Elephant Community Foundation

Huay Pakkoot Village,

Mae Suek,

Mae Chaem District,

Chiang Mai Province,

50270,

Thailand Telephone number: +66 (0) 97-957-4693

© Huay Pakkoot Elephant Community Foundation 2020 TERMS AND CONDITIONS

1. For Educational and Informational Purposes Only – Not Professional Advice

1.1 The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.

1.4 Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

2. Acceptance

2.1 Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and the Company or any of its professionals.

2.2 The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.

1. Definitions

1.1 “Company” shall mean The Huay Pakkoot Elephant Community Foundation, a registered non-profit, its successors and assigns or any person acting on behalf of and with the authority of The Huay Pakkoot Elephant Community Foundation.

1.2 “Client” shall mean the person or entity described as such on the invoices, application for credit, quotation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.

1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Client if a Limited Liability Client on a principal debtor basis.

1.4 “Services” shall mean services supplied by the non-profit to the client (and where the context so permits shall include any supply of services as hereinafter defined) and are as described on the invoices, quotation or any other forms as provided by the non-profit to the client.

1.5 “Services” shall mean all services supplied by the non-profit to the client in exchange for donations and includes any advice or recommendations (and where the context so permits shall include any supply of goods as defined above).

1.6 “Price” shall mean the donation towards the services as agreed between the non-profit and the client subject to clause 3 of this contract.

2. Acceptance

2.1 Any instruction received by the non-profit from the client for the supply of services and/or the clients acceptance of services supplied by the non-profit shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all donations.

2.3 Upon acceptance of these terms and conditions by the client and the terms and conditions are irrevocable and can only be amended with the written and signed consent of the non-profit.

2.4 The client undertakes to give the seller at least fourteen (14) days notice of any change in the clients name, address and/or any other change in the clients details.

3. Price, Payment and Delivery of Services

3.1 At the non-profit’s sole discretion;

a) as indicated on invoices provided by the non-profit to the client in respect of services supplied; or

b) the non-profit’s quoted donation amount (subject to clause 3.2) which shall be binding upon the non-profit provided that the client shall accept the non-profit’s quotation in writing within thirty (30) days.

3.2 The non-profit reserves the right to change the donation amount in the event of a variation to the non-profit’s quotation.

3.3 At the non-profit’s sole discretion:

a) donations shall be due on delivery of services, or

b) donation shall be due before delivery of the services

3.4 Payment will be made by cash, or by cheque, or by direct transfer, or by any other method as agreed to between the client and the non-profit.

3.5 VAT and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.

4. Title

4.1 It is the intention of the non-profit and agreed by the client that services shall not pass until;

a) the client has paid all amounts donating for the particular services, and

b) the client has met all other obligations due by the client to the non-profit in respect of all contracts between the non-profit and the client.

4.2 Receipt by the non-profit of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the non-profit’s ownership or rights in respect of the services shall continue.

4.3 It is further agreed that;

a) where practical the services shall be kept separate and identifiable until the non-profit shall have received payment and all other obligations of the client are met; and

b) until such time as ownership of the services shall pass from the non-profit to the client the non-profit may give notice in writing to the client to delay the services. Upon such notice the rights of the client to obtain the services or any other interest in the services shall cease; and

c) the non-profit shall have the right of stopping the services if risk-assessments are broken.

5. Buyer’s Disclaimer

6. Warranty

6.1 The non-profit shall not be bound by nor responsible for any term, condition, representation or warranty other than by them, as the provider of the services.

6.2 To the extent permitted by law, no warranty is given by the non-profit as to the quality or suitability of the services for any purpose and any implied warranty is expressly excluded.

7. Intellectual Property

7.1 Where the non-profit has designed, drawn, supplied, digital files or written services for the client, then the copyright in those designs, drawings and files shall remain vested with the non-profit, and shall only be used by the client at the non-profit's discretion.

7.2 Where the non-profit has designed and supplied digital files for the client, then the native files shall remain vested with the non-profit, and shall only be supplied to the client at the non-profit's discretion.

7.3 The client warrants that all designs or instructions to the non-profit will not cause the non-profit to infringe any patent, registered design or trademark in the execution of the client’s order.

8. Archiving

8.1 Non-profit shall not archive products for client (including in particular data and media) without prior written agreement and upon such payment terms as non-profit shall in its sole discretion determine. Client shall be responsible for insuring such archived products.

8.1 Non-profit will archive products for own records (including in particular data and media) for three (3) years from published date. Non-profit shall not be responsible for insuring such archived products.

9. Data Protection

9.1 The client and the guarantors if separate to the client authorise the non-profit to;

a) collect, retain and use any information about the client, for the purpose of assessing the client’s credit worthiness or marketing products and services to the client; and

9.2 The client shall have the right to request the non-profit for a copy of the information about the client retained by the non-profit and the right to request the non-profit to correct any incorrect information about the client.

10 General

10.1 If any provision of these terms and conditions shall be invalid, void illegal or unenforceable the validity, existence, legality, and enforcement of remaining provisions shall not be affected, prejudiced or impaired.

10.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Thailand.

10.3 The non-profit shall be under no liability whatever to the buyer for any indirect loss and/or expense suffered by the client arising out of a breach by the non-profit of these terms and conditions.

10.4 In the event of any breach of this contract by the non-profit the clients remedies shall be limited to damages not to exceed the price of services under any circumstances.

Thailand
Telephone number: +66 (0) 97-957-4693

© Huay Pakkoot Elephant Community Foundation 2020

TERMS AND CONDITIONS