Privacy Policy

1. Who are we?

We are BESTER GLOBAL co.,Ltd.. a corporation having its registered office at 18th Fl., Emporium Tower 622 Sukhumvit Rd.,Klongton Klongtoey, Bangkok 10110 (“we”, “us,” or “our”).

2. What are Our Services?

Our Services mean any services or products provided by us to you through mobile applications or websites operated by us, such as BESTER EATS mobile application and BESTER EATS Facebook Page (https://www.facebook.com/BesterEats).

3. What is Personal Data?

In this Policy, “Personal Data” means information collected by us relating to an identified or identifiable natural person who might be, directly or indirectly, identified in particular by reference to an identifier such as a name, identification number, address, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, but excluding any information of deceased natural persons.

4. What information do we collect about you?

1. We will collect the following information about you:

   1. Information you provide to us directly

      We will collect the following information about you which you provide to us:
      1. Profile Information: such as name, mailing address, phone number, email address, login name, login passwords, payment or banking information, identification information (such as ID number, driver’s license number), birth date, and photo;
      2. Personal Data with Special Protections: you may choose to provide to us through Our Services your information of a sensitive nature such as racial or ethnic origin, religious views, political views, philosophical views, personal belief, political views, criminal records, health, disability, labor union, heredity or genetic, biological information, or any other information of a sensitive nature. These could be subject to special protections under the laws of your country;
      3. Information of Communication with Us: such as information about the communications between you and us including your inquiry, compliments, and other contact to us.

   2. Information about your use of Our Services or Our Websites

      We will collect the following information created when you use Our Services:
      1. Usage Information: such as access dates and times, app features or pages viewed, apps and other system activity, type of browser. In some cases, we collect this information through cookies, beacons, tags, and similar technologies that create and maintain unique identifiers;
      2. Device Information: such as information about the devices you use to access Our Services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information;
      3. Communication Information: such as information about the communications between you and other users or third party through Our Services or Our Websites, such as texts, profiles, messages, photographs, graphics, images, icons, voice, video, music, and other information contents;
      4. Location Information: such as your precise or approximate location information as determined through data such as GPS, IP address, and WiFi. You may use Our Services without enabling us to collect your Location Information. However, this might affect the functionality available on your use of Our Services;
      5. Transaction Information: such as transaction details related to your use of Our Services, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, and payment method.

   3. Information provided from Extra Service providers

      1. We will collect information about you provided from External Service Providers due to your consent, including our business partners through which you create or access your account on Our Services, such as payment providers, social media service providers, or providers of applications or websites who use our APIs or whose API is used by us (such as Facebook, Inc. or Google Inc.), marketing service providers, or publicly available sources.
      2. In the event that we collected your Personal Data from an External Service Provider, we will notify you of the detail of the Personal Data we collected and the detail of the External Service Provider. Such notification will be made at the time of the collection of your Personal Data or within 30 days from the date of the collection.
2. We will notify you or make announcement separately if the provision of your Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into an agreement, as well as the possible consequences of failure to provide such data.
3. We will not use automated decision-making, including profiling in processing your Personal Data.

5. On which legal basis do we process Personal Data?

We will only process your Personal Data based on the following legal bases:

1. obtaining your prior unambiguous consent;
2. necessity to perform our contractual obligations to provide Our Services or to take pre-contractual procedures upon your request;
3. necessity to comply with our legal or regulatory obligations;
4. necessity to protect your vital interests or those of another natural person;
5. necessity to perform a task carried out in the public interest;
6. necessity to pursue our legitimate interests (please contact us regarding the balancing test for legitimate interests).

Further, if you are a user of Our Services in the EU, we will process your Personal Data of a sensitive nature provided by you in accordance with special criteria as prescribed in the General Data Protection Regulation (“GDPR”).

6. How do we use information about you?

We will use the following information about you which we collect for the following purposes:

1. Providing, personalizing, and improving Our Services

   We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of providing, personalizing, and improving Our Services; these include the following purposes:
   1. to provide Our Services to you and notices regarding Our Services;
   2. to improve, research, and develop Our Services;
   3. to customize or personalize the contents or features of Our Services;
   4. to confirm and verify your registered information on Our Services or Our Websites;
   5. to charge fees and other payment relating to Our Services (if any).

2. Advertising, marketing and analyzing

   We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of advertising, and conducting sales promotion of Our Services; these include the following purposes:
   1. to customize advertisement to adapt to your characteristics and interests;
   2. to help advertisers to measure and analyze the effectiveness and distribution of their ads and services and to understand what types of people use their products or services and how people are attracted to their products or services.
   We will not sell or share your Personal Data to third parties for third-party direct marketing purposes.
3. Research and development

   We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of testing, research, analysis and service and/or product development.

4. Communication with you

   We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of communication between you and us; these include the following purposes:
   1. to notify you of amendments of Our Services, our new products or services, our products or services of which you are not a user, user participatory events, and other information relating our business;
   2. to notify you of amendments in Terms of Use of Our Services or this Policy;
   3. to notify you in the event of termination, suspension, or cancellation of Our Services, or other important information relating to Our Services or us;
   4. to respond to inquiries from you regarding Our Services or us.

5. Security and safety

   We will use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purpose of maintaining the safety, security, and integrity of Our Services and users; these include the following purposes:
   1. to prevent inappropriate use of Our Services by users;
   2. to prevent infringing the right of users or third party through Our Services.

6. Legal proceedings and requirements

   We will use your Profile information, Information of communication with us, Usage information, Device information, Communication Information, Location information, Transaction information, Information provided from Extra Service providers for the purpose of investigation or addressing claims or disputes relating to your use of Our Services, or as otherwise allowed or requested by the applicable laws or regulations, judicial or government entities, and official inquiries.

7. Others

   We may use your Profile Information, Information of Communication with Us, Usage Information, Device Information, Communication Information, Location Information, Transaction information, and Information provided from Extra Service Providers for the purposes of (6) to (11) of 7.1 below.

7. Disclosure and Sharing of Personal Data

1. We may share your Personal Data with the following categories of recipients:

   1. Our Affiliates;
   2. third-party service providers performing functions or services on our behalf who entered into an appropriate data processing agreement or similar agreement with us, such as customer support, technical support, or customer management;
   3. third-party IT service providers who entered into an appropriate data processing agreement or similar agreement with us, such as provider of data storage service or business communication platform service.

2. Save as the recipients prescribed in 7.1 above, we will not disclose your Personal Data to any third party without your prior consent, except in case:

   1. where Personal Data is included in the contents which has been posted on Our Service by a user and licensed by us to a third party for use;
   2. where we provide statistical data in a form where individuals cannot be identified;
   3. where requested to disclose Personal Data by law, court, police, governmental agency, or other relevant authority;
   4. where it is deemed necessary by us to disclose Personal Data to a lawyer or other expert having a duty of confidentiality to us for the purpose of protect legitimate interests of us or a third party;
   5. where it is deemed necessary by us to disclose Personal Data to the successor of our business for proceeding business succession such as merger, transfer of business;
   6. where it is for the purpose relating to the preparation of historical documents or archives for public interest, or for the purpose relating to research or statistics, in which the suitable measures to safeguard your rights and freedoms are implemented and in accordance with the notification as prescribed by the Personal Data Protection Committee;
   7. where it is necessary for preventing or suppressing a danger to life, body, or health of any person;
   8. where it is necessary for the performance of a contract to which you are a party, or in order to take steps prior to entering into such a contract at your request;
   9. where it is necessary for the performance of a task for the public interest;
   10. where it is necessary for legitimate interests us or any other individuals or juristic persons (except where such interests are overridden by your fundamental rights in Personal Data;
   11. where it is necessary for compliance with a law to which we are subjected.

8. About Cookies

1. Our Service uses a technology called cookies. A cookie is a mechanism that allows a user’s device to temporarily store specific text information as data and identify the user based on such data each time accessed. Our Services premises the use of cookies, then you may not be able to use part of Our Services if you refuse the use of cookies. You can choose whether allow the use of cookies in your browser’s setting.

2. In order to provide you with more useful information, we will collect the following information (“Cookie Data”):

   1. cookie ID (the code attached to each time a cookie is sent by a website);
   2. URL of the website page visited by the user through a computer (browser);
   3. classification (segment) and analysis results of website pages viewed by users through a computer (browser), etc.;
   4. transitions of websites and pages visited and viewed by the user through the computer (browser) and history of the user's behavior.

3. Cookie Data for Access Analysis

   We use services provided by the following external companies in order to understand the usage of Our Services. When you visit Our Services, these companies may collect and use the Cookie Data for the purpose of analyzing the user’s usage of Our Services. You can check how these external companies use Cookie Data in the following policies stipulated by each company, and if you wish to stop sending, storing, and using Cookie Data by these external companies, please access the following opt-out page and follow the procedure to disable it.

   1. Google Analytics provided by Google Inc.
      https://policies.google.com/technologies/partner-sites?hl=en
      https://tools.google.com/dlpage/gaoptout?hl=en
   2. Google Search Console provided by Google Inc.
      https://policies.google.com/technologies/partner-sites?hl=en
   3. Google Tag Manager provided by Google Inc.
      https://policies.google.com/technologies/partner-sites?hl=en

4. Cookie Data for Advertisement

   We use services provided by the following external companies in order to realize effective ad delivery. When you visit Our Services, these companies may send and store cookies on your device and use the Cookie Data for the purpose of ad delivery and measuring the effectiveness of advertisement. You can check how these external companies use Cookie Data in the policies stipulated by each company, and if you wish to stop sending, storing, and using Cookie Data by these external companies, please access the following opt-out page and follow the procedure to disable it.

   1. Google Ad Manager provided by Google Inc.
      https://policies.google.com/technologies/partner-sites?hl=en
   2. Google AdSense provided by Google Inc.
      https://policies.google.com/technologies/partner-sites?hl=en
   3. Meta Business Suit provided by Meta Platforms, Inc.
      https://business.facebook.com/privacy/explanation

9. About Terminal Identifiers

1. We may collect and use terminal identifiers (including advertising identifiers such as IDFA issued by Apple Inc. and AAID issued by Google Inc.) from user’s device using an application for iOS and Android. We will use such terminal identifiers for the purpose of understanding the access status of users, providing services suitable for user needs, improving services, marketing research, or optimizing ad delivery. We will not use terminal identifiers for any other purposes.

2. Advertising identifiers, such as IDFA and AAID, are used only for the purpose of optimizing ad delivery. If you wish to stop us collecting and using advertising identifiers, please access the opt-out page below and follow the instructions to disable them.

   1. iOS Advertising Identifiers
      https://support.apple.com/ja-jp/HT202074
   2. Android Advertising Identifiers
      https://support.google.com/googleplay/answer/3405269

10. Where do we store, process, or transfer information about you?

We will store and process information about you we collect in your region. However, in some cases, we will transfer to, store at and process information about you in the following countries outside your region: such as Japan. In such cases, we will implement appropriate safeguards, safety measures, and appropriate standard data protection in conformity with the applicable laws of Thailand and relevant regulations. You need to acknowledge and agree that some countries that we will transfer, store, or process your information might not have appropriate safeguards, safety measures, and/or appropriate standard data protection with the applicable laws of Thailand and relevant regulations.

If you are a user of Our Services in the EU, we will implement appropriate safeguards on your Personal Data by executing with the transferee the standard data protection clauses approved by the European Commission; if you wish to receive a copy of documentation related to these safeguards, please contact us using the information provided in “15. Contact Detail” section below.

11. What do we do to keep your Personal Data secure?

We properly maintain Personal Data by assigning a person in charge of managing Personal Data and takes all adequate and necessary security measures to maintain integrity and confidentiality of Personal Data.

However, please note that although we take appropriate steps to protect your Personal Data, no website, product, device, online application or transmission of information, computer system or wireless connection is completely secure and therefore we cannot guarantee the security of your Personal Data.

12. How long do we store your Personal Data?

We retain your Personal Data for the period necessary to fulfill the purposes for collecting and processing your Personal Data as prescribed in “6. How do we use information about you?” section above or for the period required by the applicable laws or regulations. Specific retention periods are determined based on the following considerations: the purpose for collecting and processing the Personal Data, the nature of the Personal Data, and the necessity of retaining the Personal Data for legal or business reasons.

We will delete your Personal Data in accordance with the applicable laws or regulations when it passes the period of 7 years after you become no longer a user of Our Services or when your Personal Data is no longer required for the purposes or when required to delete by the applicable laws and regulations.

13. What are your rights and how can you exercise them?

1. What are your rights?

   You have the following rights regarding your Personal Data we collect and store under the applicable laws and regulations (and GDPR if you are a user of Our Services in the EU):

   1. the right to obtain information regarding processing of your Personal Data;
   2. the right to access to your Personal Data;
   3. the right to obtain a copy of your Personal Data in our possession;
   4. the right to request the correction or the update of your inaccurate Personal Data;
   5. the right to request the erasure of your Personal Data (if certain conditions are satisfied);
   6. the right to restrict on processing of your Personal Data (if certain conditions are satisfied);
   7. the right to object to the processing of your Personal Data (if certain conditions are satisfied);
   8. the right to data portability (if certain conditions are satisfied), which is the right to receive the Personal Data you have provided to us in a structured, commonly used and machine-readable format, to transmit such Personal Data to a third party without hindrance from us or to request us to transmit such Personal Data directly to a third party in case the processing is carried out by automated means;
   9. the right to withdraw the consent which you have given to us at any time; provided, however, your withdrawal of consent will not affect the lawfulness of collection and procession prior to such withdrawal;
   10. the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except the following cases: in case the decision is necessary for entering into, or performance of, a contract between you and us; in case the decision is authorized by Union or Member State law to which we are subject, and which also lays down suitable measures to safeguard your rights, freedoms, and legitimate interests; or in case the decision is based on your explicit consent.

2. How can you exercise your rights?

   If you intend to exercise any of the above rights, please contact us on “15. Contact Detail” section below.

3. Complaints

   If you are not satisfied with how we process your Personal Data, you may contact us on “15. Contact Detail” section below; if you are a user of Our Services in the EU, alternatively you may file a complaint with the Data Protection Supervisory Authority of the Member State of your habitual residence, place of work, or place of the alleged infringement.

14. Changes to this Privacy Policy

We will amend this Policy from time to time appropriately. We will notify you of the amendment through Our Services, or other measures determined by us in case we make any substantive or material amendments. Any amendment will become effective upon our posting of the amended privacy policy on our Websites or Our Services.

15. Contact Details

If you have any questions regarding this Policy, please contact us through the following Data Controller or Representative set out below:

Data Controller

BESTER GLOBAL co.,Ltd.
18th Fl., Emporium Tower 622 Sukhumvit Rd.,Klongton
Klongtoey, Bangkok 10110
info@bester-global.com

We have appointed a Data Protection Officer. The Data Protection Officer’s contact details are as follows:
Pemika Jongjaemfa
18th Fl., Emporium Tower 622 Sukhumvit Rd.,Klongton Klongtoey, Bangkok 10110
CEO
info@bester-global.com

Established on April 1, 2022
Latest Amendment on November 6, 2022