Privacy Policy
1. Scope and Application of the Policy
1.1. Nutty Digital Services Co. Ltd. (“Nutty Digital Services”) and/or its affiliates or branches (collectively, “NuttyDS” and “we”, “us” or “our”) will collect and process personal data from you as necessary for us to do so, or as necessary for our coordination with you. This Privacy Policy (“Policy”) sets out our privacy practices for the collection, processing, use, disclosure, transfer, retention, storage and disposal of your personal data when we provide services to you (“NuttyDS Services”).
1.2. By accepting this Policy, you consent to the collection, processing, use, disclosure, transfer, retention, storage and disposal of your personal data in the manner described below. 1.3. “Personal Data” means your personal data as an individual by whom you can be identified, whether or not the data itself or when combined with other information we have or have access to. The personal data we collect and process may include:
(a) your first and last name;
(b) email address;
(c) mobile number (or MSISDN);
(d) merchant affiliation and/or IP address;
(e) cookies and/or statistical/analytics data, such as your browsing behavior, to the extent you may be identified from them;
(f) documents that may enable us to verify the information you provide to us, such as proof of identity;
(g) your social media links or public profile, and any personal data that may be available from such media, which you may provide to us in the course of conducting customer support;
(h) details in your resume or employment history, which you may provide to us when applying for an open position;
(i) account passwords you may create; and
(j) any other personal data you provide to us while using the NuttyDS Services.
1.4. This Policy applies only to personal data in our possession or under our control.
1.5. Please see the Additional Terms of Use below for the English language and local language versions of this Policy, as well as additional information that may be applicable in your jurisdiction of residence.
1.6. We collect and process your personal data to enable you to make purchases from us. Your mobile network operator or applicable third-party payment gateway provider (“Payment Gateway”) or digital product merchants or distributors (“Distributors”) through NuttyDS' mobile platform, server or database application or website at www.nuttyds.shop (“Platform”).
1.7. We reserve the right to amend this Policy from time to time without prior notice to you. Any such amendments will be posted and published on our Platform and will be effective as of the Effective Date below. You can determine whether any amendments have been made by checking the date this Policy was last updated, as set out below. We encourage you to check this Policy regularly to review the most recent version. If you continue to use NuttyDS Services after such amendments are made, you acknowledge and agree to the changes.
Last updated: October 19, 2024
2. Collection of Personal Data
2.1. We collect your personal data when you use NuttyDS Services or communicate with us. In such cases, you may provide us with your personal data directly, or it may be shared with us by our affiliates or branches, payment gateways or distributors. Subject to the consent you have provided to those third parties.
2.2. You may also submit Personal Data to us in other ways, including:
(a) to respond to our communications;
(b) via social media or online forums;
(c) through your participation in offers, programs or promotions organized by us;
(d) when you subscribe to our newsletter; and/or
2.3. We will also collect transaction data, such as the amount purchased, date of purchase, information about the digital content, goods and/or services you have purchased (“Transaction Data”) for our legitimate interests and to fulfil our contractual obligations to provide you with access to the NuttyDS Services and/or our Platform. In most cases, such information will not be considered Personal Data as it cannot identify you from such information. However, where your identity can be identified based on Transaction Data, it will be considered and processed as Personal Data under this Policy. You consent to us collecting such Transaction Data from you when you use the NuttyDS Services and/or our Platform.
2.4. You must provide us with accurate and non-misleading information. To do this, We reserve the right to request supporting documents to verify the accuracy of the information you provide to us.
3. Use and disclosure of personal data
3.1. Your information will be processed for the following purposes:
(a) transaction processing and content delivery ;
(b) marketing and promotional campaigns; and
(c) other permitted uses and disclosures.
3.2. Transaction processing and content delivery
3.2.1. As a payment gateway aggregator, online digital content provider and related service providers, NuttyDS will use your personal data and share your information with third parties, including our affiliates and branch offices, payment gateways and distributors, for the purpose of providing NuttyDS services to you and as part of our business with you as necessary.
3.2.2. In particular, your personal data may be processed for the following purposes:
(a) facilitating your use of NuttyDS services;
(b) processing and verifying online transactions and payments on our platform;
(c) resolving any disputes regarding your transactions;
(d) mitigating fraud;
(e) protecting our legitimate interests;
(f) enforcing our contractual rights; and
(g) providing you with the information you request from us.
3.2.3. Your personal data may also be shared for the above purposes between NuttyDS and:
(a) the distributor from whom you purchased the content; and
(b) the payment gateway that you have chosen as your payment method.
3.3. Marketing and promotional campaigns.
3.3.1. From time to time, we will run marketing and promotional campaigns to reward users with the highest spending on our platform in certain countries, for certain distributors, or across a number of categories. To do this, we may need to analyze your transaction data and use your personal data to contact you to provide you with such promotional campaign rewards, which are typically free credits from the distributor or payment gateway, or other free gifts. These promotional campaigns are operated by NuttyDS and none of your personal data will be shared with any third party for such purposes. If you do not want to receive gifts and other rewards from our promotional activities, please contact us.
3.3.2. If you opt-in to receive marketing and promotional communications, we may use your personal data to inform you about marketing and promotional campaigns related to any NuttyDS services or services operated, partnered or associated with any distributor, payment gateway or third party, and we may share your name, email address and/or mobile number with them for this purpose. If you do not want to receive marketing and promotional communications or do not want your personal data disclosed for this purpose, please contact us. You may also opt-out of such marketing and promotional emails by clicking the unsubscribe button contained in such emails.
3.4. Other Permitted Uses and Disclosures
3.4.1. You agree that we may also use your personal data for the following purposes:
(a) maintaining and securing any user account you may have with NuttyDS;
(b) notifying you of important matters related to your account or transactions that may require your attention;
(c) processing service requests, managing concerns. and responding to any inquiries or suggestions you may communicate with us
(d) managing or complying with our internal security and risk management measures
(e) conducting statistical analysis or research on markets and customers
(f) enhancing your experience with our customer care services; and
(g) notifying you of material changes to this Policy or our Terms and Conditions, as may be required.
3.4.2. You understand and agree that we may disclose your personal data to our affiliates or subsidiaries, distributors, payment gateways, or other parties as permitted or required by applicable law, such as governmental or regulatory authorities, or other necessary persons for the following purposes:
(a) for or in connection with any negotiation of a merger, sale of stock or assets of the Company, financing, acquisition, sale or dissolution of all or part of our business; or (b) if
we believe that such disclosure is reasonably necessary to (1) comply with applicable law, regulation, legal process or government request; (2) assist with any investigation or litigation; and (3) protect the security or integrity of NuttyDS Services or any of our users, or the public from malicious or illegal activities.
4. Your Choices, Rights and Expectations
4.1. You have the right to request that your personal data be erased or to withdraw your consent to such processing. Where we process your personal data only with your consent, if you would like us to erase your personal data or do not wish for us to use or process your personal data for the above purposes, please contact us. However, please note that if your personal data is erased or you withdraw your consent for any of the above purposes, Depending on the nature of your request, we may not be able to continue to provide you with the NuttyDS Services or process and complete the transactions you wish to conduct on the Platform.
4.2. You have the right to access, update or request correction of the personal data you have provided to us at any time. If you wish to access the personal data we hold on file about you or request that we update or correct your personal data, you may contact us. Depending on the nature of your request, we may charge you a reasonable administrative fee, which we will inform you as soon as practicable.
5. Data Retention and Restriction.
Your personal data will be retained for as long as is necessary to fulfil or achieve the purposes for which it was initially collected, and until it is no longer required for any legal or other business purposes, after which we will dispose of your personal data in a manner that prevents further access or processing, including, without limitation, irreversibly erasing or anonymizing it.
6. Security
NuttyDS will use reasonable efforts to protect your personal data and to prevent loss, misuse, alteration, unauthorized access or disclosure, modification or destruction. Unfortunately, we cannot guarantee that transmission or storage of information over the Internet will be completely secure. However, we have implemented administrative, organizational, technical and physical security measures in line with current practices to protect your personal data to the best of our ability, including but not limited to the following:
(a) restricting access to personal data to authorized and/or necessary personnel only;
(b) implementing technical solutions to ensure data security;
(c) continually monitoring and auditing personal data protection measures; and
(d) other security measures as may be required by applicable laws and regulations in your country of residence.
7. International Data Transfers
7.1.1. NuttyDS operates in multiple countries. Therefore, you acknowledge and understand that we may store your data in multiple countries, subject to applicable local data use requirements, or we may share your personal data with recipients (e.g. distributors, payment gateways or NuttyDS affiliates/branches) located in countries other than the country in which your personal data was originally collected. To provide you with NuttyDS services, to process and transact on our platform, or for any other purposes set out in this Policy.
7.1.2. In such situations, we will take steps to ensure that overseas recipients apply standard protections to transferred personal data, comparable to the protections under the EU General Data Protection Regulation, as well as the local data protection laws applicable in your jurisdiction.
8. Collection of statistical data
8.1. We collect, and also allow third parties (including but not limited to Amazon Web Services, Facebook and Google) to collect statistical data relating to your use of our websites and online activities when you interact with our platforms, using “cookies” and similar technologies. Such statistical data is by nature anonymous and cannot identify you. It includes page visits, the date and time of access, and browser type. This information is collected for analysis and evaluation purposes, to help us improve our platforms and NuttyDS services.
8.2. “Cookies” are a feature on your Internet browser that stores small amounts of information on your computer when you visit a website. Cookies enable us to recognize a specific device or browser so that we can tailor and present content to your needs and make our Services and Platforms more useful to you. “Cookies” do not tell us who you are unless you specifically provide us with personally identifiable information. You can manage and delete “cookies” by selecting certain options on your browser.
8.3. Your statistical information may be shared with our third-party partners: (1) those to whom we advertise; (2) those who help us deliver or enhance our Services; (3) those who wish to market their products or services that may be of interest to you; or (4) those who wish to develop and improve their products or services to offer to you.
9. Use by Minors
9.1. NuttyDS Services are not intended for use by persons who have not reached the legal age of majority in your country (“Minors”). If you are a Minor, you may only use NuttyDS Services and/or our Platforms with the consent, permission and supervision of your parent or guardian. Subject to any age restrictions on digital content that your country’s government may have imposed.
9.2. If you are a parent or guardian overseeing a minor who wishes to use NuttyDS’s services and you accept this Policy on their behalf, you consent to the processing of their personal data in accordance with this Policy.
10. Links to Other Websites
Our Platform may contain links to other websites that are not operated by us. Therefore, when visiting these third-party websites, you should read their respective privacy policies, which will apply to your use of their websites. We are not responsible for the content, use or privacy practices of these websites.
11. Contact Us
11.1. To contact us regarding any aspect of this Policy or your personal data, including but not limited to, withdrawing consent, opting out of receiving gifts and rewards, opting out of marketing and promotional communications, requesting access to your personal data, requesting updates or corrections to your personal data, or exercising any of your rights under this Policy or applicable data protection laws, you may contact our Data Protection Officer by submitting a request using this link.
11.2. For any other matters, please contact office@nutty.group.
12. Additional Provisions
In addition to the foregoing provisions, the following additional provisions (“Additional Provisions”) apply to users in the following countries: You can access a copy of the Terms, including any additional provisions applicable to your country, in both English and the applicable local language below.
Thai
1. Scope of Use Personal Data Controller If you are resident or reside in Thailand, these provisions (the “Thailand Provisions”) shall govern the collection and processing of your personal data. In addition to the foregoing policies, you understand and agree that this Policy shall apply and be binding between you and Nutty Digital Services Co., Ltd. (“NuttyDS”). You also understand that NuttyDS shall act as the controller of your personal data and Nutty Digital Services is the data processor acting on behalf of the former.
2. International Transfers of Personal Data We have taken steps to ensure that any personal data transferred pursuant to the Policy will receive a standard of protection comparable to that provided under the Personal Data Protection Act B.E. 2562, including any regulations, amendments, guidelines, enforcement rules, etc., as applicable.
3. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions. We shall endeavor to amicably resolve any dispute arising out of or in connection with these Terms (including any question as to the existence, validity, or termination), but in the event that such attempt fails, the dispute shall be referred to any competent court in Thailand only and not to any courts in any other location.
4. Data Protection Officer
Position: Data Protection Officer
Email address: office@nutty.group