PRIVACY POLICY

INTRODUCTION
At Kamalaya, we are committed to safeguarding your privacy whenever you interact with us. This privacy policy applies to our properties, websites including but not limited to Kamalaya.com and kamalayaconnect.com (collectively the “Websites”), reservations call centre, social networking sites, online communication channels, and other locations where we collect your personal data.

As data privacy continues to be such an important and sensitive topic, we would like to take this opportunity to reassure any concerns that you may have about how we store and use the data that you provide to us. We only use it to offer the services you require from us and to share relevant news, offers, promotions, and other information about Kamalaya that we believe will be of interest to you.

Kamalaya recognises the importance of maintaining the security of your Personal Data and endeavours to protect your information by establishing security measures to prevent loss, unauthorized access, destruction, alteration, and applying safety measures for collecting, storing and processing your Personal Data.

We thank you for entrusting us with your information and promise to use it to offer you the very best service possible and to keep you informed of interesting news and information about Kamalaya.

Privacy policies can be quite wordy, and the subject matter is much less holistic than we would normally discuss with you. However, we respect your privacy and the security of your personal data, and therefore invite you to read our privacy policy (the “Policy”) below in full so you understand how we store and manage your data.

Please scroll down to read the Policy.

KAMALAYA PRIVACY POLICY STATEMENT
This Policy sets out how we, Kamalaya Co., Ltd. (the “Company”), collect, use and protect any user information (as later defined) that you provide us with. The data controller is the Company and you can reach us by emailing info(at)kamalaya.com, calling +66 (0) 77429800, faxing to +66 (0) 77429899 or mailing to 102/9 Moo 3, Laem Set Road, Na-Muang, Koh Samui, Suratthani 84140 Thailand.

The Company may make non-material changes to this Policy from time to time by updating this page. Please revisit this page occasionally to ensure that you agree with any changes. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on our website. Your use of our services following these changes means you accept the revised Policy. This Policy is effective from 31 May 2022.

WHAT INFORMATION WE COLLECT
We may collect or obtain the following types of information which may include your Personal Data directly or indirectly from you or other sources, or through our business partners and stakeholders. The specific type of Information collected will depend on the context of your interactions with us, and the services or products you need or want from us. We may collect, use, store and transfer different kinds of personal data about you which we have outlined as follows: 

Personal Data: This is the basic information that we collect about you so that we can best deliver our services, communicate with you, and/or comply with the rules and regulations of The Kingdom of Thailand (the “Rules and Regulations”) that we must follow. The Personal Information may include the following:

  • Name
  • Title
  • Email Address
  • Mailing Address
  • Telephone Number(s)
  • Gender and Age
  • Financial details such as debit and credit card information
  • Passport Information
  • Nationality
  • Arrival and departure information
  • Insurance details
  • License plate details


Additional information:
This is any other information that you would like to share with us. This is not sensitive data but helps us enhance your experience with us. The Additional Information may include the following

  • Personal travel preferences
  • In-hotel preferences
  • Feedback and survey responses
  • Reviews
  • Lifestyle habits
  • Purchase history
  • Online sessions, behaviour
  • Transaction details such as about payment date, time, amount, location, booking details
  • Other interests


Sensitive Data:
This is any type of information collected by a health practitioner, either remotely through an online discussion, in-person, or via a health form. Sensitive Data may include the following:

  • General personal health information
  • Existing medical conditions
  • Medical test results and laboratory results
  • Doctor reports and opinions


We do not collect special categories of Personal Data that include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and genetic and biometric data. Nor do we collect any information about criminal convictions and offences. 

Personal Data, Additional Information and Sensitive Data are collectively referred to as “Information.”

With your consent, the Company uses the “Personal Data” and “Additional Information” to communicate with you about news and promotions directly or through third party services (including but not limited to website hosting provider, customer relationship management provider, email marketing provider, analytics, security operations and other third party services) and to analyse your behaviours to better improve your experience on our Websites.

Unless as noted in this Policy or if the Company is required by the law, court order, or by any government or law enforcement authority, we do not provide your Information to any third-party or profit from your Information. All of your Information is securely stored at the registered address of the Company, which is noted at the end of this Policy.

HOW WE COLLECT YOUR PERSONAL DATA
This Policy also aims to give you information on how Kamalaya collects and processes your Information through your use of this website, and other services from which you are accessing this Policy, including any data you may provide when you use our:

  • Online services, such as the Websites, web and mobile applications, social media pages, HTML-formatted email messages.
  • Offline interactions, when you visit or stay as a guest at Kamalaya, contact our reservations call center, or through other offline interactions. 
  • We process Information by electronic and automatic means; however, Information may also be processed in paper form. Refusal to provide Information may affect our ability to service your requests, confirm your stay at Kamalaya Koh Samui, or provide you with information about Kamalaya and the experience that we offer both at our sanctuary in Koh Samui, Thailand and online.
  • We use different methods to collect data from and about you including through this website.
  • Direct interactions when you provide your personal data by filling in forms or by corresponding by post, phone, email or otherwise. This includes personal data you provide online when you book an accommodation, sign up for a newsletter or participate in a survey, contest or promotional offer.
  • We collect personal data offline, when you visit Kamalaya, use services, or attend trade shows and exhibitions where we are participating.
  • Automated technologies or interactions: as you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Information by using cookies, and other similar technologies.
  • Third parties or publicly available sources: we will receive personal data about you from various third parties and public sources including business partners and travel agents. We require all third parties to respect the security of your personal data and to process it in accordance with the law.
  • Opt-out to Subscribe to our Electronic Mailings.


As part of the inquiry process, we allow you to choose whether you wish to receive advertisements, updates, promotions and other information about Kamalaya from time to time. We hope that you will find these communications interesting and relevant as our intent is to share knowledge and ideas that we consider of value to your health and overall wellbeing.

We will only send you this information if you chose to opt-in by giving us consent to deliver our periodic mailings to your email address. If you chose not to receive these communications, we will not send them to you. Even if you selected to opt-in to our communications, you will have an opportunity to unsubscribe from the mailing list at any time by clicking the unsubscribe link contained in our newsletters and other communications.

WHY WE COLLECT AND USE YOUR PERSONAL DATA
We collect, process, and use your Information for the following purposes:

  • To provide our services and perform our customer service obligations such as the creation and management of reservations and your stay preferences.
  • To help you make an informed decision on which health and wellness program is best for you to experience.
  • To develop new products and services and to improve business operations, products and services.
  • To personalise your wellness experience, our services and communications with personalised content, and to tailor our digital customer experience and offerings, understand customers’ requirements to develop targeted marketing programs, newsletters, and promotions.
  • To personalise our website based on your preferences as outlined in the Cookies Policy.
  • To communicate with you to provide offers, updates, news, promotions, advertisements, notices, reminders, information, and any communication about the products, experiences and services offered by Kamalaya. Your consent is required for Marketing and Communications when we collect, use and disclose your Information to provide promotions, discounts, special offers, advertisements, notices, news, information and any marketing and communications about the products and services from Kamalaya.
  • To protect the security and integrity of Kamalaya where it is necessary and lawful to do so, in compliance with legal obligations in accordance with applicable laws, such as local privacy laws, prevention of fraud or money laundering, police investigations, and tourism regulations. 
  • To maintain the safety, health and well-being of customers, and protect Kamalaya assets and employees.
  • To receive reviews and feedback about our products and services provided.
  • To manage booking requests made by the users including any modifications and cancellations, as well as confirmation communications of these transactions.
  • To manage payment or prepayment.
  • To review your guest profile, in order to unify guests’ profiles and personalize services provided.  If user consent is given for direct marketing communications – sending you personalised promotional offers and event details, subscribing and unsubscribing you, when you request it. The lawful grounds for these processes are the performance of the contract, our legitimate interest and user consent.


User Generated Content (UGC) on social media platforms. To display UGC on our websites for promotional purposes. The lawful grounds for these processes are user consent.

DATA SECURITY
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place industry-standard managerial procedures to safeguard and secure the information we collect online. 

In addition, we limit access to your personal data to those who have a business need to know. They will only process your personal data on our instructions, subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

HOW WE USE COOKIES
We use cookies, small text files stored in your browser which ask permission to be placed on your computer’s hard drive, to follow your movements on our website. Once you agree, the cookie helps analyse web traffic and informs when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use cookies to identify how you use our website, from which geographical location and which pages are being used. This helps us analyze data about webpage traffic, improve our website, and anticipate future volumes of business. We use this data to compile statistical reports on website activity and improve our website functionality. This information is for internal purposes.

This helps us make our website relevant to your interests and needs. We may use a persistent cookie that stays linked to your browser to record your details so we can recognize you if you visit our website again.

Advertising cookies: Advertising cookies will remember your preferences and, in general, that you visited our Websites. Based on your online behaviour, you may be provided with advertisements for Kamalaya and our products and services on third-party websites. We strive to provide you with advertisements relevant to you and your interests. These cookies are also used to limit the number of times you see an advertisement as well as help us measure the effectiveness of our advertisements.

You can choose to accept or refuse each specific cookie from being stored in your browser using the tool facilitated in our Websites, which allow you to change your preferences any time. You can activate this tool anytime with the “cookies settings” link located on the footer. Visit the “Help” section in your browser settings for instructions on how to control, remove and prevent cookies from being accepted and saved automatically.

Please note that it is not required to accept cookies to browse our Websites. However, by disabling cookies, you may not fully experience all the features of the website and some pages may not display correctly.

Any information that we collect through cookies is done so and stored anonymously.

DISCOLOSURE OF PERSONAL DATA
Our goal is to provide you with the highest level of hospitality and wellness, and to do so, we may share Personal Data with strategic business partners who provide goods, services, and offers that enhance your experience at Kamalaya. By sharing Information we are able to make personalized services and unique wellness experiences available to you.

We may disclose Personal Data to third-party service providers for the purposes described in this Policy. Examples of service providers include companies that provide website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, marketing, social networking sites, third parties required by law.

INTERNATIONAL TRANSFER OF PERSONAL DATA
We may disclose or transfer your Information to third parties or servers located overseas, which the destination countries may or may not have the same equivalent level of protection for Personal Data protection standards. We take steps and measures to ensure that your Information is securely transferred and that the receiving parties have in place an appropriate level of protection standards or other derogations as allowed by laws. We will request your consent where consent to cross-border transfer is required by law.

RETENTION OF INFORMATION
We will maintain Information for as long as we are required to do so and in accordance with the Rules and Regulations or for as long as necessary and so that we can communicate with you about any questions you may have after you have stopped being a patron of the Company.

YOUR RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your Information:

  • To access or request a copy of the Information we are collecting, using or disclosing about you. For your own privacy and security, we may require you to prove your identity before providing the requested information to you.
  • To have incomplete, inaccurate, misleading, or not up-to-date Information that we collect, use or disclose about you rectified.
  • To obtain Information we hold about you in a structured, electronic format, and to send or transfer such data to another data controller, where this is (a) Information which you have provided to us, and (b) in the case where we are collecting, using or disclosing such data on the basis of your consent or to perform a contract with you.
  • To object to certain collection, use or disclosure of your Information such as objecting to direct marketing.
  • To restrict the use of your Information in certain circumstances.
  • You have the right to withdraw consent to our collecting, using or disclosing of your Information at any time.
  • To request that we delete or de-identity Information that we collect, use or disclose about you, except we are not obligated to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise, or defend legal claims.
  • To complain to the competent authority where you believe our collection, use or disclosure of your Information is unlawful or noncompliant with applicable data protection law.


You may request details of the Information that we hold about you by writing an email to the Data Controller via info(at)Kamalaya.com. We will provide the information to you in a readable electronic-format free of charge and within five (5) business days of receiving your request. An administrative fee may apply to those requests that are deemed to be excessive or repetitive.

SOCIAL MEDIA LINK AND SHARE BUTTONS
Our Websites feature image links from social networks such as Instagram, Facebook, LinkedIn, YouTube and Twitter. These “share” buttons are embedded in disabled form, meaning that there is no direct contact between our server and the servers of the respective social networks. Only when you click the “Share” button, will a new window open in which you must log on to the selected social network. The selected page can then be recommended or shared. At no time is any data transmitted from our Websites to the respective operator of the social network without you initiating and accepting such transmission.

LINKS TO THIRD PARTY WEBSITES
Our Websites feature booking hyperlinks to websites belonging to (and operated by) other parties. A relevant one is be.synxis.com, which you can access by pushing the “Book Now” button and is our online booking engine. After clicking this link, you will be redirected from our website to the third-party website. We cannot make ourselves responsible for how this company handles your data. In the case of any other link going to any other referenced website or provider, please contact the respective third party company directly for additional information.

GOOGLE MAPS
Our website uses Google Maps on some sub-pages to display maps and to create travel directions and instructions for you to arrive at Kamalaya Koh Samui. Google Maps is a map service from Google, Inc. The use of Google Maps may result in information about the use of our website, including your IP address and your starting address you have indicated within the scope of the driving direction/route planner function, being transmitted to Google in the United States of America. If you open a page that contains Google Maps, your browser establishes a direct connection with Google’s server. The map content is delivered by Google directly to your browser and integrated by your browser into our website. Therefore, we have no influence on the amount of data collected by Google in this way. If you do not want Google to collect your information, you can deactivate JavaScript in your setting options; however, if you do this, you will not be able to use the map function.

For more information about the purpose and the scope of data collected as well as further processing and use of data by Google, Inc. please refer to Google’s Privacy Notice.

USE OF YOUTUBE VIDEOS
We use embedded YouTube videos in the extended data protection mode. YouTube is a service from Google Inc. YouTube makes this extended data protection mode available and thus ensures that YouTube saves no cookies with personal data on your computer. When calling up the website and to embed the video, the IP address is transferred. This address cannot be correlated, provided you have not logged into YouTube or another Google service prior to calling up the site or if you are permanently logged in to Google. As soon as you start playing an embedded video by clicking Start, the extended data protection mode means that YouTube only saves cookies on your computer that contain no personally identifiable data. These cookies can be prevented with the relevant browser settings and extensions.

GOOGLE ANALYTICS
These Websites uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to analyse how visitors utilize our Websites. The information generated by the cookie about your use of our Websites (including your IP address) will be transmitted to and stored by Google on its servers. Google may transfer the information collected by Google Analytics to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate setting on our website and your browser; however, please note that if you do this you may not be able to use the full functionality of our website.

NOTIFICATIONS OF CHANGES TO THIS POLICY
We do not expect to make significant changes to this Policy, but if we do so in a material way, we will post the changes to our website; changes that are not material will only be posted to the website thirty days (30 days) before taking effect. If any proposed change is unacceptable to you, you may request us to remove your Information, as allowable under law, from our records by writing an email to the email address noted in the section of this Policy titled “Your Rights”.  It is also important that the personal data we hold about you is accurate and current. Please do inform us if your personal data changes.

CONTACT INFORMATION
If you have any questions or concerns about this Policy, how we are collecting, using, or securing your Information or would like to request for your Information, in accordance with the rules and regulations that the Company must follow, to be deleted, please contact the Data Controller at:

Email: info(at)Kamalaya.com
Mailing Address: Kamalaya, 102/9 Moo 3, Laem Set Road, Na-Muang, Koh Samui