Privacy Policy

• Account means a unique account created for You to access our Service or parts of our Service.
• Company means CIEN Company Limited and its affiliates
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Sensitive Personal Data means any Personal Data pertaining to race, ethnic origin,political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, labor union information, genetic data, biometric data, or any data which may affect the data subject in the same manner, as prescribed under the PDPA.
• Data Controller means a natural or juristic person authorized to make decisions on the collection, usage, or disclosure of the Personal Data. This person is the Company or business unit or employee who is responsible for the Personal Data.
• Service refers to the Website and Mobile Applications.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to GEM RARITY, accessible from www.gemrarity.com
• Mobile Application refers to GEM RARITY Apps, made available via Google's Android and Apple's iOS platforms

We will collect your personal data that receive directly from you as following:

• your account registration
• telephone
• email address
• Facebook Login
• Google Login

• Personal data such as name, surname, age, date of birth, nationality, identification card, passport, etc.
• Contact information such as address, telephone number, e-mail address, etc.
• Account details such as username, password, transactions history, etc.
• Proof of identity such as copy of identification card, copy of passport, etc.
• Transaction and Financial information such as purchase history, credit card details, bank account, etc.
• Technical data such as IP address, Cookie ID, Activity Log, etc.
• Other such as photo, video, and other information that is considered personal data under the Personal Data Protection Laws.

We may collect, use or disclose your sensitive data that is specially categorized by law when we have obtained explicit consent from you or where necessary for us as permissible under law. We may collect, use or disclose your sensitive personal data as following:

• racial
• ethnic
• political opinions
• cult
• religious or philosophical beliefs
• sexual behavior
• disability

Any data which may affect the data subject in the same manner, as prescribed by the Personal Data Protection Committee.

If you are under the age of 20 or having legal restrictions, we may collect use or disclose your personal data. We require your parents or guardian to be aware and provide consent to us or allowed by applicable laws. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.

We store your personal data as hard copy and soft copy.
We store your personal data by using the following systems:

• Our server in Thailand
• Third-party server service providers in Thailand

Usage Data is collected automatically when using the Services.

Usage Data may include information such as Your Device's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objectsflash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_

Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Google Analytics: This is a third-party service that may be located in any country on earth. In the case of Google Analytics, it is Google LLC in the USA, www.google.com, with which we can measure and analyze the use of our website (not person-specific). Permanent cookies, set by the service provider, are also used for this purpose. The service provider does not receive any personal data from us but may track your use of the website and combine this information with data from other websites you have visited, and which are also tracked by the service provider. The latter can use these findings for its own purposes (e.g., controlling advertising). If you are registered with the service provider, the service provider also recognizes you. The service provider’s processing of your personal data is then the responsibility of the service provider in accordance with its privacy policy. The service provider merely informs us how our respective website is used (without any information about you personally).

We do use plug-ins of social media networks on our website and its pages (e.g. Facebook, Twitter, Instagram, WeChat, Pinterest, XING, LinkedIn, Tumblr). The corresponding buttons/symbols show you when this is the case. We have configured these elements to be disabled by default. If you activate them by clicking on them, the operator of the social network in question can register that you are on our website and where, and can use this information for its purposes. The processing of your personal data is then the responsibility of this operator in accordance with its privacy policy. We do not receive any information about you from it.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
  
  Type: Session Cookies
  
  Administered by: Us
  
  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies
  
  Type: Persistent Cookies
  
  Administered by: Us
  
  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
  
  
• Functionality Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Business Transactions: If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Subject to the Personal Data Protection Laws thereof, you may exercise any of these rights in the following:

Withdrawal of consent: If you have given consent to us to collect, use or disclose your personal data whether before or after the effective date of the Personal Data Protection Laws, you have the right to withdraw such consent at any time throughout the period your personal data available to us, unless it is restricted by laws, or you are still under beneficial contract.

Data access: You have the right to access your personal data that is under our responsibility; to request us to make a copy of such data for you; and to request us to reveal as to how we obtain your personal data.

Data portability: You have the right to obtain your personal data if we organize such personal data in automatic machine-readable or usable format and can be processed or disclosed by automatic means; to request us to send or transfer the personal data in such format directly to other data controllers if doable by automatic means; and to request to obtain the personal data in such format sent or transferred by us directly to other data controller unless not technically feasible.

Objection: You have the right to object to collection, use or disclosure of your personal data at any time if such doing is conducted for legitimate interests of us, corporation or individual which is within your reasonable expectation; or for carrying oSut public tasks.

Data erasure or destruction: You have the right to request us to erase, destroy or anonymize your personal data if you believe that the collection, use or disclosure of your personal data is against relevant laws; or retention of the data by us is no longer necessary in connection with related purposes under this Privacy Policy; or when you request to withdraw your consent or to object to the processing as earlier described.

Suspension: You have the right to request us to suspend processing your personal data during the period where we examine your rectification or objection request; or when it is no longer necessary, and we must erase or destroy your personal data pursuant to relevant laws, but you instead request us to suspend the processing.

Rectification: You have the right to rectify your personal data to be updated, complete and not misleading.

Complaint lodging: You have the right to complain to competent authorities pursuant to relevant laws if you believe that the collection, use or disclosure of your personal data is violating or not in compliance with relevant laws.

You can exercise these rights as the Data Subject by contacting our Data Protection Officer as mentioned below. We will notify the result of your request within 30 days upon receipt of such request. If we deny the request, we will inform you of the reason via SMS, email address, telephone, registered mail (if applicable).

We may send certain information or newsletter for the purpose of utilizing your preference via your email. If you no longer want to receive the communications from us, you can click the "unsubscribe" link in the email or contact us through our email.

We will notify the Office of the Personal Data Protection Committee without delay and, where feasible, within 72 hours after having become aware of it, unless such personal data breach is unlikely to result in a risk to the rights and freedoms of you. If the personal data breach is likely to result in a high risk to the rights and freedoms of you, we will also notify the personal data breach and the remedial measures to you without delay through our website, SMS, email address, telephone or registered mail (if applicable).

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

If you have any questions about this Privacy Policy or would like to exercise your rights, you can contact us by using the following details:

Data Controller

CIEN CO., LTD
555 Chokchaijongjamreon Rd, Bang Phongphang, Yan Nawa, Bangkok, 10120
cs@gemrarity.com
www.gemrarity.com
+662-295-2995