Elephant GoGo Privacy Policy  

Effective Date : 31st October 2022 

This Privacy Policy applies to the sites and apps where it appears.  

We, Elephant GoGo Company Limited (“Elephant Bus Tour,” “EBT,” “we,” “us,” or “our”), will collect information related to individuals (“Personal Data”) in providing our hop-on hop-off services, either in whole or in part, and all courtesy apps and websites (collectively, the “Services”). We consider the protection of Personal Data at the utmost important management issues as a responsibility of a tourism service provider. We will act in compliance with the laws and regulations applicable in countries and regions where we are conducting business (such laws and regulations are hereinafter collectively referred to as the “Applicable Laws”), and will make efforts to properly protect Personal Data based on this Privacy Policy (this “Policy”). 
 
This Policy explains what kind of Personal Data we will collect, and how we will use and share such Personal Data, and how you can manage your own Personal Data. 

1. Applicable scope of this Policy 

This Policy applies to all Personal Data that is collected in relation to our Services regardless of the country or region where our Services are being used or to be used, or where your physical location is at the time of using. 

1.1. Target services  

This Policy applies to all Personal Data that is collected in relation to our Services. 

We may apply individual privacy policies or additional provisions to terms of use or this Policy (collectively, “Individual Policies”) to specific services. The Individual Policies explain what kind of Personal Data we will collect, and how we will use and share such Personal Data, for such specific services, and the other policies that are applicable to such specific services. If there is any inconsistency between the subject matter of the Individual Policies and this Policy, the Individual Policies shall prevail. 

In connection with the application of this Policy, we are the controller of the processing of Personal Data. 

1.2. Applicable countries and regions 

We will process Personal Data only to the extent permitted under the Applicable Laws according to this Policy and only within the scope described in this Policy. 

2. Personal Data to be collected 

We will collect the following Personal Data: 

  1. Information that you provide to us, including but not limited to, your phone number and/or your email, and profile information that you set at the time of using our Services 
  1. Information related to your status of use of our Services such as the text, image, video, geographical location, and other contents that you post, and your access log 
  1. In cases where you firstly accessing our application or website, information collected from a third party for the purpose of rendering our Services  
  1. Information related to you which is posted by other users  
  1. Public information containing Personal Data such as online news published on the internet 

We will collect the following types of Personal Data in providing our Services. If you do not provide certain types of information such as your phone number which needs to be registered for using our Services, you may not be able to use all or a part of our Services. 

2.1 Personal Data to be provided by you 

2.1.1 Information required for communication and transaction 

When you wish to purchase or to use our Services, make an inquiry or participate in a promotional event or survey, we may ask you to provide information required for communicating with you and conducting transactions with you depending on the nature of the transaction, and collect and store such information. 

For example: 
● In order for us to answer any requests or questions that you send to our customer support, we may ask you to provide information required for identifying and investigating the event or resolving the problem, such as your contact information including your phone number or email address, and details of the trouble that you have encountered. 
● If you choose to participate in surveys or promotional events, we may ask you to provide information such as your name, address, phone number, email address, gender, and date of birth in order to verify your identity, enable you to participate in a drawing, and to deliver any prizes you may win. 
● If you purchase our Services, you will be required to provide information for making the payment of such Services. Since credit card settlements are processed by appropriate third-party payment agencies, we will not retain your credit card number or security code. 

2.2 Personal Data to be collected in connection with your use of our Services 

2.2.1. Status of use of our Services 

We automatically collect information related to when and how you used our Services, including but not limited to our application/website. The collected information includes the status of use of various features such as the date and time that you installed our application/website, your geographical locations while you using our application/website, additional services that were purchased, and contents and ads that were viewed or tapped. 

2.2.2 Location information 

We may collect the location information of your device in order for us to provide optimized navigation or locations of our buses to you. When you do not accept sending your location information by your mobile device settings, location information will not be sent to us. 

Even when you do not accept sending your location information, we may estimate your approximate location from network information such as your IP address. 

2.2.3 Apps, browsers, devices and network information 

We will collect information related to the device, browser and the app that you are using (for identifying the device/browser, Cookie ID and device type, OS, language/time zone setting, browser type, app version, etc.), and network information (telecommunications carrier’s name, IP address, etc.). 
 

2.3 Personal Data collected from third parties 

We may collect Personal Data from third parties including our group companies (referring to our subsidiaries or affiliates, wherein the definition thereof includes domestic and overseas subsidiaries and affiliates. 

 
For example, we will collect Personal Data from third parties in the following cases. 

2.3.1 Personal Data collected from group companies 

We may collect your Personal Data from our group companies according to their terms or policies. For the privacy policy that is applicable to the individual services provided by our group companies, please confirm the same in the individual services. 

2.3.2 Personal Data collected from business partners 

We may collect your Personal Data from our business partners. There are cases where we collect Personal Data from a business partner operating its own service, and from a business partner operating a service that is linked to our Services.   

In addition, we may obtain information such as your identifier (Internal Identifier, ad identifier etc.), one-way encrypted (hashed) email address and telephone number, IP address, part of your device information (OS, etc.), your attribute information and your action history, including your purchase and browsing history, from our business partners, as well as measuring ad effectiveness, creating and providing statistical information and for other purposes. 

2.4 Personal Data uploaded by other users 

There may be cases where a certain user, in using our application/website, uploads information containing Personal Data such as a photo that includes a third party other than that user, and we collect such information. 

2.5 Collection of Personal Data from public information 

We will collect public information, such as online news published on the internet.  

If the collected public information contains Personal Data, we may use such information for registration in the search engine index or display of search results. 

3. Purpose of use of Personal Data 

We will use Personal Data for the following purposes: 
● Provision of our Services; 
● Development and improvement of Services and contents; 
● Prevention of unauthorized use such as unauthorized access; and/or 
● Provision of contents optimized for you. 

We use Personal Data to provide our Services to users, for utilization in research and development to provide safer and better services, and to provide services that are strongly linked to users, including ads. We will not process the Personal Data we obtain beyond the scope of the purposes of use, except to the extent that consent has been obtained from you or as permitted by the Applicable Laws. In addition, we will take appropriate measures to ensure that Personal Data is not used for any other purpose. The specific uses of Personal Data are as follows. 

3.1 Provision and maintenance of our Services 

We will use information required for providing Services that you requested, answering your inquiries, and hosting promotional events. 

 
For example, in the following cases, we will use Personal Data for the provision of Services. 

  1. To verify your identity, through comparison with your registered information, when you log onto the application or visit the website or when you change your device; 
  1. To set or disclose profiles for building and managing connections between users, and to search for other users using the registered information; 
  1. To provide locations of our buses in relation to the provision of our Services; 
  1. To optimize user experience in using our application; 
  1. To process invoices when a user purchases our Services or uses a paid Services; 
  1. To examine your status of use of our Services in order to reply to your inquiry to our customer support; 
  1. To notify you of important changes to our Services such as the revision of terms.  

3.2 Development and improvement of Services 

We will use Personal Data for the development and improvement of our Services for providing better services, products and contents to users toward the future. 
For example, in the following cases, we will use Personal Data for the development and improvement of services and contents: 

  1. To improve our Services by creating statistics and models related to the use of our Services; 
  1. To develop new services and contents by understanding the trend of using our Services; 
  1. To improve the screen design by understanding the frequency that each tab in the application/website is being used; or 
  1. To conduct surveys related to our Services that we are currently providing, or may provide in the future. 

3.3 Security and prevention of unauthorized use 

We will use Personal Data and promote security measures and measures against unauthorized use to maintain an environment where our application or Services can be used at all times, and users can use our Services with a sense of security on a daily basis. 
For example, in the following cases, we will use Personal Data for the security and prevention of unauthorized use: 

  1. To confirm whether there is any breach of terms of use, any illegal act, unauthorized access or any other unauthorized use; 
  1. To monitor and confirm the details of reports and illegal uploading, etc., and to develop tools for preventing unauthorized use by ways such as analyzing the details of such reports and illegal uploading, etc.; or 
  1. To verify facts or contact you in the event of any unauthorized use or the possibility of any unauthorized use. 

3.4 Provision of contents optimized for you 

We will utilize Personal Data for providing recommended contents, including ads, to each user. 

 
For example, in the following cases, we will use Personal Data for providing optimized contents to users: 

  1. To display recommendations of other stickers with a strong relevance with the purchased Services; or 
  1. To measure the effectiveness of the distributed information; or 

4. Provision of Personal Data 

We will not provide, disclose or share Personal Data to or with third parties unless we have obtained your consent or such provision, disclosure or sharing of Personal Data is permitted under Applicable Laws. 

 
We may transfer Personal Data to a third country without any data protection laws which are equivalent to those of the country or region where you live when we have obtained your consent or such transfer of Personal Data is permitted under Applicable Laws. 

In principle, we will not provide Personal Data to third parties unless we have obtained your consent or such provision of Personal Data is permitted under Applicable Laws. However, in the following cases, we may provide Personal Data to third parties. 

  1. The recipients of Personal Data that we provide include third parties such as our subcontractors, subsidiaries, and affiliates located in countries or regions other than where you are residing.  
    In order to provide our services in a smooth manner, subcontractors, subsidiaries and affiliates, etc. may be added to the recipients of Personal Data that we provide. We will notify you via this Policy upon the addition of any country or region in which the third-party recipient of Personal Data is located. 

4.1 Subcontracting 

We may subcontract certain services required for providing our Services to a third party. In connection with this, we may entrust all or a part of the Personal Data to the subcontractor, including companies located in the following countries or regions. 

 
The subcontractor will access the Personal Data only to the minimum extent required for performing the subcontracted services on our behalf, and will not use the Personal Data beyond the scope of the subcontracted services. 

 
We will: (i) comply with Applicable Laws and sufficiently investigate the qualification as a subcontractor; (ii) take measures to have the subcontractor comply with the eight (8) principles under the OECD Privacy Guidelines by ways such as prescribing matters related to confidentiality and data protection in the contract with the subcontractor; and (iii) thereby establish a system for properly managing Personal Data. 

4.2 Succession of business 

If there is any transaction between companies pertaining to our business to which this Policy is applicable, such as acquisition, merger or change of business entity, Personal Data may also be transferred to the successor of the business to the extent permitted under Applicable Laws. 

4.3 Provision of services and ad distribution through collaboration with other companies 

In cases where you use the services of our business partner, we may provide, to that business partner, information to be used by the business partner for identifying you, device information such as the language setting, and attribute information). 
 

4.4 Compliance and cooperation with public agencies 

If we receive a request pursuant to legal proceedings such as a warrant, or if there is imminent danger to public safety, we may disclose Personal Data to third parties including law enforcement agencies such as the police, or the court, pursuant to Applicable Laws.  

5. Safety control of Personal Data 

We will take strict technical and organizational security measures in managing the collected Personal Data. In order to continue to improve our protection of Personal Data, we will review and bolster our internal rules and regulations in accordance with changes in laws and social norms. 
 
Unless you request the deletion of your Personal Data, in principle, we will retain most of your information. Once we receive your request to delete your Personal Data, we will delete your information according to Applicable Laws and internal rules after retaining such information for a given period of time. 

5.1 Security measures 

We are taking strict technical and organizational security measures in managing the collected Personal Data for respecting and protecting your privacy and confidentiality of your Personal Data, and preventing unauthorized access to your Personal Data. These measures include safety control measures based on industry standards for preventing unauthorized access to Personal Data, and disclosure, unauthorized use, falsification or destruction of Personal Data. 
For example, we are taking the following measures. 

  1. Strict access control based on a need-to-know basis 
  1. 24/7 security monitoring 
  1. External authentication for objectively evaluating our security measures 

Furthermore, we will never provide any means for fraudulently accessing Personal Data to a third party. 
 
However, because no method of electronic transmission or method of data storage is perfect or impenetrable, we cannot guarantee that your Personal Data will be absolutely safe from intrusion during transmission or while stored in our systems. Also, please notify us in the event you suspect any unauthorized use of your Personal Data or any other breach of security. 

5.2 Storage location of Personal Data 

In providing our Services, we may store your Personal Data outside the country or region where you reside. When that happens, we will take measures to ensure your Personal Data is transferred according to the applicable laws. 
 

5.3 Storage period of Personal Data 

We collect and retains Personal Data to provide our Services according to your request, fulfill any of the applicable purposes of use described in this Policy, or to comply with Applicable Laws. 

 
Unless you request the deletion of your Personal Data, in principle, we will retain most of your Personal Data according to the following standards. 
 

6. Your choices regarding Personal Data 

You have rights regarding your Personal Data processed by us, such as the right to access your Personal Data and the right to correct your Personal Data, to the extent permitted under Applicable Laws. 
 
We are exerting efforts to provide, in our Services, features which enable you to personally edit your profile, and set and manage the collection, use and sharing of your Personal Data. 

To the extent permitted under Applicable Laws, regarding your Personal Data that we process, you have the right to access, the right to rectification, the right to erasure, the right to restriction of processing, the right to withdrawal of your consent, the right to data portability, the right to confirm if we process any Personal Data of yours, and the right to request a review of any automated decisions that may be made as a result of the processing. 
 
In addition, to the extent permitted under Applicable Laws, you also have the right to object to the processing of your Personal Data that we process in certain cases. 
 
We are exerting efforts to provide, in our Services, features which enable you to personally manage your Personal Data on the application/website, edit your profile, set the collection, use and sharing of your Personal Data, and set and manage your Personal Data including the scope of disclosure of uploads, and opt-out of ads. Please periodically confirm that no old information or inaccurate information is remaining, and properly update your Personal Data. 

If you wish to exercise your right against us to disclose your Personal Data that cannot be confirmed in our Services, correct or delete your Personal Data that is contrary to facts, notify you of the purpose of use of your Personal Data, or other rights permitted under Applicable Laws, you may contact us. 

After verification of your identity, we will respond to your request within a reasonable period of time, and in accordance with relevant laws. If you would like to send us a written request. 

If, however, permitted under Applicable Laws, we may not be able to respond to your request when any of the following applies: 

  1. disclosure is likely to harm the life, body, property, or other rights or interests of yours or another individual; 
  1. disclosure is likely to seriously impede the proper execution of our business; 
  1. disclosure violates other laws and regulations; 
  1. when you failed to verify your identity upon your disclosure request; or 
  1. we are otherwise permitted under Applicable Laws to refuse your request. 

The withdrawal of your consent to processing of your Personal Data will not in any way affect the lawfulness of our processing of your Personal Data based on your consent that was given before the foregoing withdrawal. 

If you have any requests or complaints related to our use of your Personal Data, please contact us at any time. 

Unless prohibited under Applicable Laws, if you exercise any of your rights hereunder, we may charge a fee, in accordance with the procedures defined separately. 

7. Use of third-party modules and Cookies 

We may use cookies and third-party SDK for fulfilling the purposes described in this Policy. 

7.1 Third-party modules 

We may install modules of a third-party software development kit (SDK) in our Services for the following purposes: 

● to analyze the status of use of our Services; and 
● to distribute ads on our behalf and measure the effectiveness thereof. 

With regard to your Personal Data that is processed by a third-party through a module provided by such third party, the privacy policy of such third party will apply.  

7.2 Cookie and other analytical tools 

A cookie is a small text file that is stored on your computer when visiting a website. This text file stores information that can be read by the website operator when visiting the website again at a later date. 
We may use cookies and similar web tracking technologies (web beacon, pixel etc.) for the following purposes: 

  1. to store your login state, authenticate visitors, maintain sessions and take security measures; 
  1. to store language settings and latest date and time of access, and improve user-friendliness; 
  1. to provide better services by comprehending the number of accesses and the mode of use; 
  1. to distribute ads that are more interesting to you; and 
  1. to measure the effectiveness of ads. 

You can control whether or not to accept cookies based on browser settings or by using other tools. If, however, you deactivate cookies or limit the ability to set cookies, you may not be able to obtain the full benefit of the website or access all of its functions, which may limit your overall user experience. 

7.3 Information related to use of Google Analytics 

In order to improve our Services, we may use Google Analytics to measure our Services such as our website. Google may set cookies or read existing cookies to collect data. At such time, information such as the URL of the page that you accessed and IP address will be automatically sent to Google. We may use such information to comprehend the status of use of our Services or use such information in our Services. For the processing of data by Google in Google Analytics, please read the service terms of use of Google Analytics and Google’s privacy policy. 

8. Other important information 

We may modify this Policy. The latest version of the Policy will always be posted on our website, and we encourage you to review the contents of the latest version of the Policy carefully. 

 
When we make any material changes to this Policy, we will notify you through reasonable means. 

8.1 Privacy of children 

The Services are intended for a general audience. If a minor is to use our Services and provides Personal Data, the minor must do so with the consent of his/her guardian. You represent and warrant that you have the right capacity and legal capacity required for using our Services. If you are a minor, you represent and warrant that you are using our Services with the consent of your guardian. We have voluntarily imposed age restrictions on certain Services in cases where we are unable to confirm that you are of a certain age. 

We understand the special necessity to protect the Personal Data collected from minors in the U.S., Europe, or Thailand (under the age of 13 in the U.S., under the age of 16 in Europe, and under the age of 11 in Thailand) using our Services, and we do not knowingly collect any Personal Data from minors. 
 
If, however, you believe that we have collected Personal Data from minors, then please let us know or by writing to the address indicated below. If we learn that we have inadvertently collected Personal Data from minors, we will take reasonable measures to promptly delete such Personal Data from our records. 

8.2 Inquiries 

Other than as referred to herein, we will be the data controller of Personal Data collected through our Services to which this Policy applies. If you have any questions or inquiries about this Policy or have any questions, complaints, concerns or comments about the processing of Personal Data in our Services, please contact us by writing to: 

Elephant Gogo Co., Ltd.  
Attn: Privacy Policy 
128/164 15th Floor, Phayathai Road, Ratchthewi, Bangkok, Thailand 

Person responsible for the handling of personal data 
General Manager 
email : info@elephantgogo.com 

8.3 Changes to this Policy 

We may modify this Policy from time to time, and the latest version of the privacy policy will always be posted on our website. When we make any material changes to this Policy, we will notify you on our Services, or by other reasonable means. We encourage you to review the contents of the latest version of the privacy policy carefully. 

If you do not agree to any of the changes and you no longer wish to use our Services, you may choose to delete your Personal Data. Continuing to use our Services after a notice of changes has been notified to you or published on our Services constitutes your acceptance of the changes and consent to the modified version of this Policy. We will seek your consent when required under Applicable Laws. 

Elephant Gogo Co., Ltd.  
 
Authorized Director 

Formulated on 31st October, 2022