Privacy Policy - The Nai Harn Phuket
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Privacy Policy

The Nai Harn Phuket has a measure to protecting your Personal Data. We shall ensure you that
your Personal Data is handled in accordance with the Personal Data Protection Act B.E. 2562
(2019) in Thailand (“Thai PDPA”) and other applicable laws.

This notice explains the general privacy policy of the The Nai Harn Phuket. By visiting
www.thenaiharn.com, you are accepting the practices described in this notice.

WHAT INFORMATION ABOUT YOU DO WE COLLECT?

The Nai Harn Phuket collects your information to operate effectively and provide you with the
best experiences with our services. The kind of information collected will depend on the
context of your interactions with The Nai Harn Phuket, and the services you use. The following
are examples of the information that we may collect:

  • Contact information (such as name, email address, mailing address, and phone number);
  • Payment information (including payment card numbers, billing address, and bank account information);
  • Demographic data (such as age, gender, country, and preferred language);
  • Information related to your reservation, stay, or visit to another Leading Hotels of the World (LHW) property (including where you have stayed, date of arrival and departure, and goods and services purchased);
  • Information necessary to fulfill your special requests and/or specific Accommodation;
  • Leaders Club loyalty program member information, online account details, profile or password details
  • Copies of your correspondence if you contact us;
  • Your interests and preferences;
  • Information collected through the use of closed circuit television systems, key cards and other security systems; and
  • Information related to your use and interaction with our website.

There may be instances in which the personal information that you provide to us or that we
collect is considered sensitive personal information under the privacy laws of some jurisdictions
(e.g. food allergies, medical conditions, biometric information, credit card information, location
data depending on the definition of sensitive personal information under the relevant
jurisdiction). We only process sensitive personal information in your jurisdiction if and to the
extent permitted or required by applicable law (e.g. so that we can ensure we tailor our
services to you accordingly in terms of food allergies and medical conditions, to ensure we can
process card payments).

We collect the above information in different ways, including:

  • Information You Give Us:  We receive and store information you enter on our website or give us in any other way, including, for example, when you stay as a guest at another LHW hotel. You decide how much information to share with us in most cases, but not sharing required information may limit your ability to engage in certain activities, such as payment information required to complete your reservation. If you submit any personal information relating to another person (e.g., if you make a reservation for another individual), you confirm that you are authorised by that person to do so and to permit us to use the information in accordance with this Privacy Policy. You also confirm that the information you provide is accurate.
  • Automatic Information:  When you use or interact with our website and/or use any apps that we may make available on our website, we receive and store information generated by your activity and information automatically collected from your browser or mobile device. For example, like many websites, we obtain certain information when your web browser accesses our website including your IP address, browser type, operating system, mobile network data, pages viewed and access times. This information helps us to communicate with our customers and better understand them.
  • Security Systems:  When you visit our property, information may be collected about you through such properties’ closed circuit television systems, electronic key cards and other security systems.
  • Information from Other Sources:  We may receive information about you from other sources, such as public databases, joint marketing partners, and other third parties. This may include information from your travel agent, airline, credit card, and other partners.
  • Age Limitations:  We do not knowingly collect personally identifiable information from our websites from any person under the age of 18. We may collect personally identifiable information from people under the age of 18 as part of the guest registration process, but always with the consent of such person’s parent or guardian.

HOW DO WE USE YOUR INFORMATION?

We collect your information to operate effectively and provide you with the best experiences
with our services. We may collect, use, and disclose the information it collects for a variety of
reasons, including for the following purposes:

  • Fulfillment of Reservation and Other Purchases:  We may process information relating to transactions that you enter into with us and/or through our website (“transaction data”). The transaction data may be processed for the purpose of completing your room reservation, supplying the purchased goods and services, customizing our services to your preferences, seeking your feedback on your stay at our property, and keeping proper records of those transactions.
  • Membership Programs:  To administer and operate voluntary membership programs, including the Leading Hotels of the World’s Leaders Club program, loyalty programs and frequent flyer programs. The data may be processed for the purposes of recording stay and transactional data, earning and redeeming rewards, points, or credits in connection with the programs.
  • Response to Inquiries:  We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping.
  • Internal Business Purposes:  For our internal business purposes, such as data analysis, audits, developing new products, enhancing the website, improving our services, identifying usage trends and visiting patterns, determining the effectiveness of our promotions, and meeting contractual obligations.
  • Administrative and Other Communications:   To send you important information regarding our website, changes to our terms, conditions, and policies, or other administrative information (e.g., information about your travel reservations, such as reservation confirmations).
  • Marketing and Promotions:  To communicate news and promotions to you relating to The Nai Harn Phuket-related products and services and other products and services we think may be of interest to you, and to operate sweepstakes, contests, or other marketing or promotional activities.
  • Safety and Security:  To maintain your safety and security as well as that of other guests and personnel, while you visit our hotel.
  • Our Legal Duties:  To comply with legal and regulatory requirements or demands in accordance with applicable law, a court order, subpoena, or other legal process.
  • Additional Uses:  We may also use your data in other ways as described to you when you provide such information to us.

The legal basis for processing your personal information is made up of one or more of the
following reasons depending on the circumstances: (i) your consent, and/or (ii) providing the
services you have requested, and/or (iii) legitimate interests, and/or (iv) compliance with
applicable laws, regulations, court orders or other legal process.

WHAT ABOUT COOKIES?

We use tracking tools like browser cookies and web beacons to collect information from you.
We collect information about users over time when you use this website or any apps that we
may make available on our website. We may have third parties collect personal information this
way.

DO WE SHARE THE INFORMATION WE RECEIVE?

As an international luxury hotel and with the global geographical diversity of our business, it is
essential that we share information with other parties in order to provide you with and to
maintain the best possible service. The specific kind of information we share will depend on the
context of your interactions with us, and the services you use. Accordingly, your personal
information may be shared with the following parties insofar as reasonably necessary for the
purposes, and on the legal bases, set out in this policy:

  • to any affiliates of The Nai Harn Phuket
  • to the representative or travel advisor that has supplied us with your personal information (for example, your travel agent, personal assistant, employer or spouse who has provided us with your details). The name and contact details of such representative or travel advisor will differ on a case-by-case basis. Please contact your representative or travel advisor for any questions relating to the processing of your personal information by such representative or travel advisor;
  • to third parties not affiliated with The Nai Harn Phuket when we have your consent to do so;
  • to our trusted business partners to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures;
  • to our marketing and advertisement partners to provide you with more-relevant ads on our site and to encourage you to return to our site;
  • to third party service providers (such as Facebook or Google) to (i) provide us with analytics so we can evaluate and improve our products and services, (ii) to help us identify existing and potential guests and customers similar to our audience, and (iii) help us to segment and understand our audience by providing additional information so that we can send the most relevant and targeted communications possible.
  • to third parties not affiliated with The Nai Harn Phuket if we have a good-faith belief that it is reasonably necessary to: (1) meet any applicable law, regulation, legal process or enforceable governmental request; (2) enforce applicable terms of service, including investigation of potential violations; (3) detect, prevent, or otherwise address fraud, security or technical issues; and (4) protect against harm to the rights, property or safety of The Nai Harn Phuket, our users or the public as required or permitted by law; and
  • to any third parties to the extent necessary with respect to a sale of all or part of our business operations or assets.

HOW SECURE IS YOUR INFORMATION?

We implement reasonable administrative, organisational and technical safeguards and security
measures to protect personal information within our control from unauthorized access,
acquisition, disclosure, destruction or alteration, accidental loss, misuse or damage. We
regularly review and monitor such safeguards and security measures. It is your responsibility to
safeguard any email or password that you have created or used in connection with The Leaders
Club and to notify us if you ever suspect that the security and confidentiality of such email or
password has been compromised in any way. You are solely responsible for any use of your The
Leaders Club account via your email and password.

HOW LONG WILL THE NAI HARN PHUKET KEEP YOUR INFORMATION?

To the extent permissible by applicable law, we will retain your personal information for such period as necessary to satisfy or to fulfill the following:

  • the purposes for which that personal information was provided,
  • an identifiable and ongoing business need, including record keeping,
  • a specific legal or regulatory requirement, and/or
  • a requirement to retain records that may be relevant to any notified regulatory investigations or active legal proceedings.

Where there is no sufficient justification to retain such personal information, such personal
information will be safely and securely deleted, disposed of, anonymised and/or, where
permitted by applicable law, blocked.

WHAT CAN YOU DO IF YOU HAVE ANY QUESTIONS OR CONCERNS OR WANT TO ACCESS YOUR PERSONAL DATA?

Our Data Protection Officer will be happy to answer any concerns or queries you may have
relating to the use or storage of your personal data. Your principal rights (depending on
applicable law) include: (a) the right to access; (b) the right to rectification; (c) the right to
erasure; (d) the right to restrict processing; (e) the right to object to processing; (f) the right to
data portability; (g) the right to complain to a supervisory authority; (h) request that the rules
on processing of your personal information are explained and (i) the right to withdraw consent.
You may exercise any of these rights in relation to your personal data by contacting our Data
Protection Officer. Our Data Protection Officer can be contacted by email
at dpo@thenaiharn.com or by post at 23/3 Moo 1, Vises Road, Rawai, Muang District, Phuket,
83130 Thailand.

WHAT ABOUT LINKED WEBSITES?

The linking of third-party websites to this website does not indicate any association with or
endorsement by The Nai Harn Phuket. The Nai Harn Phuket does not assume responsibility or
liability of any nature whatsoever for the activities conducted or information contained in the
third-party websites.

CHANGES TO THIS PRIVACY POLICY

This privacy policy will be subject to change from time to time. The effective date of this current
privacy policy is set out at the end of this document. Your use of this website constitutes your
acceptance of the current terms as set out in this privacy policy. The Nai Harn Phuket and the
applicable local management entity as set forth above are “data controllers”. The contact
details for the data controllers are: by e-mail at dpo@thenaiharn.com or by post at 23/3 Moo 1,
Vises Road, Rawai, Muang District, Phuket, 83130 Thailand.

Effective Date: 27 March 2024