Terms of Use and Privacy Policy

Terms of Use

Effective on 1 January 2018

This http://www.thelegal.co.th (“Website”) is operated by The Legal Co., Ltd., a limited company registered under the law of Thailand, having a head office located in Bangkok, Thailand (“Firm”). Before accessing or using the Website, please read these Terms of Use carefully. By accessing or using the Website, you agree to be bound by these Terms of Use. The Firm reserves the right to modify these Terms of Use at any time and under its sole discretion by posting modified Terms of Use and your continued accessing or using of the Website thereafter will constitute acceptance and agreement with such modifications.

Nature of Information and Documents

Although this Website may provide information concerning legal issues, such information is not intended to consider as legal advice from qualified counsels/lawyers/attorneys of the Firm. You agree that the Firm is not engaged in rendering legal services or advice by providing the information or documents on the Website and that your accessing or using of the Website does not create any attorney-client relationship between you and the Firm. The Firm assumes no responsibility for any consequence relating either directly or indirectly to any action or inaction you take based on the information or documents contained on the Website. While the Firm takes reasonable measures to keep the information and documents contained on this Website accurate, complete and up to date, the Firm shall not be responsible for any damage or loss incurred related to the inaccuracy, incompleteness or lack of update of the information or documents contained on the Website.

Restrictions on Accession or Use

All information and documents contained on the Website and all intellectual property rights thereto, including copyrights, trademarks, service marks and trade names are owned by the Firm or its subsidiaries or affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the information and documents contained therein, except for your personal and non-commercial use, without the written approval of the Firm.

Links to Other Websites/Internet Sites

The Website includes links to other websites/internet sites which are out of the Firm’s control. The Firm is not responsible for the contents contained on such websites/internet sites, makes no representations and warranties regarding such websites/internet sites and does not endorse or approve of the information, materials, documents, products or services contained on or accessible through such websites/internet sites. You acknowledge and agree that your linking to such websites/internet sites, your use of such websites/internet sites and your use of any information, materials, documents, products or services offered by or contained on such websites/internet sites, are solely at your own responsibility and risk.

Disclaimer

The information and documents provided on the Website are provided “as is” and without warranty of any kind. The Firm disclaims all express and implied warranties with regard to the information and documents contained on the Website, including without limitation to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation of Liability

In no event shall the Firm or its subsidiaries or affiliates be liable for any loss, injury or damage, including but not limited to direct, indirect, punitive, consequential or otherwise, whether based on breach of contract, negligence, product liability or otherwise, resulting from your accessing or using of the Website. You agree that these limitations are fundamental elements of the agreement for accessing or using of the Website and that the Website and its information and documents would not be provided to you without such limitations.

Indemnification

You agree that you shall not using the Website for any unlawful purpose or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend and hold harmless the Firm, its subsidiaries, affiliates, directors, shareholders, employees, staffs and representatives from any actual liability, loss, claim and expense (including attorneys’ fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or using of materials on the Website.

Governing Law and Dispute Settlement

The Terms of Use shall be governed by and construed in accordance with the laws of Thailand without giving effect to any principle of conflicts of law. Any dispute between you and the Firm regarding the information or documents contained on or accessing or using of the Website shall be resolved by the jurisdiction court of Thailand.

Non-Waiver

The Firm’s failure to insist upon strict enforcement of any provision of this Terms of Use shall not be construed as a waiver of any other or further provision or right.

Social Media

The Firm reserves the right at its sole discretion to remove commentary, posts as well as those that are offensive or illegal on all of its social media channels. In addition, the Firm reserves the right to remove posts that drive to an individual’s websites, products or services with the intent of personal benefit or infringing other third persons’ right.

Privacy Policy

General Information

This Policy is issued by The Legal Co., Ltd., a limited company registered under the law of Thailand, having a head office located in Bangkok, Thailand (“Firm”).

This Policy is addressed to individuals outside our Firm with whom our Firm interacts with, including but not limited to, individual clients, representatives of client, visitors to our Firm’s websites, i.e. http://www.thelegal.co.th, and other users of our Firm’s services (“You”). Defined terms applied in this Policy are to be provided below.

This Privacy Policy (“Policy”) explains how our Firm may Process your Personal Data. This Policy may be amended or updated from time to time, so please check it regularly for your updates.

This Policy may be revised or updated from time to time to reflect changes in our Firm’s practices and services to be provided with respect to Processing of Personal Data or changes in applicable laws and regulations.

Collection of Personal Data

Our Firm may collect or obtain Personal Data: (i) directly from You (such as if You contact our Firm); (ii) in the course of our Firm’s relationship with You (such as if our Firm provides legal advices or services to You); (iii) when You make your Personal Data public (such as if You make a public post on social media); (iv) when You visit or subscribe our Firm’s website; (v) when You register to use any of our services; or (vi) when You interact with any third party content or advertising on our Firm’s website. Our Firm may also receive your Personal Data from third parties (such as law enforcement authorities).
 

Our Firm may collect your Personal Data from one or more of the following sources:

Data You provideOur Firm may collect your Personal Data when You provide it to our Firm (such as where You contact our Firm via email, telephone or by any other means or if You provide our Firm with your business card).  
Relationship dataOur Firm may collect your Personal Data in the ordinary course of our Firm’s relationship with You (such as when our Firm corresponds with You).  
Data You make publicOur Firm may collect or obtain your Personal Data that You choose to make public, including via social media (such as our Firm may collect information from your social media profile, if you make a public post).  
Website dataOur Firm may collect or obtain your Personal Data when You visit our Firm’s website or use any feature or resource available on or through it.  
Registration detailsOur Firm may collect or obtain your Personal Data when You use or register to use our Firm’s website or services.  
Content and advertising informationIf You choose to interact with any third party content or advertising on our Firm’s website, our Firm may receive Personal Data about You from the relevant third party.  
Third party informationOur Firm may collect or obtain your Personal Data from third parties who provide it to our Firm (such as a client referring information or law enforcement authorities).  
Creation of Personal Data

Our may create your Personal Data (such as recording of your interactions with our Firm).
 

Our Firm may also create your Personal Data, such as recording of your communications and interactions with our Firm, including attendance at events our Firm holds or interviews in the course of applying for a job with our Firm. Our Firm may record telephone calls, meetings (both in person and online), depositions and other interactions in which You are involved, in accordance with applicable laws and regulations.

Categories of Personal Data

Our Firm may Process (i) your personal details (such as your name), (ii) demographic data (such as your age), (iii) your contact details (such as your address), (iv) matter details (such as your instructions to our Firm); (v) records of your consents to our Processing of your Personal Data; (vi) payment details (such as your billing address), (vii) information about your use of our Firm’s website (such as the type of device You are using), (viii) details of your current employer, (ix) information about your interactions with our contents or advertising and (x) any view or opinion You provide to our Firm.
 

Our Firm may Process one or more of the following categories of Personal Data about You:

Personal detailsGiven name(s), preferred name and photograph.  
Demographic informationGender, date of birth and age, nationality, salutation, title and language preferences.  
Identifier informationPassport or national identity number, utility provider details, bank statements and tenancy agreements.  
Contact detailsCorrespondence address, telephone number and email address.  
Matter detailsDetails of instruction. Personal Data includes correspondence, transaction documents, evidence or other materials that our Firm Processes in the course of providing services and legal advices.  
Attendance recordsDetails of meeting (both in person and online) and other events organised by or on behalf of our Firm that You have attended.  
Consent recordsRecords of any consent You may have given, together with the date and time, means of consent and any related information (such as the subject matter of consent).  
Payment detailsBilling address, payment method, bank account number, invoice records, payment records, BACS details, SWIFT details, IBAN details, payment amount, payment date and records of cheques.  
Data relating to our Firm’s websitedevice type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to our Firm’s website and statistics usage and other technical communications information, username, password, security login details, usage data and aggregate statistical information.  
Employer detailswhere You interact with our Firm in your capacity as an employee, name, address, telephone number and email address of your employer, to the extent relevant.  
Contents and advertising datarecords of your interactions with our Firm’s online advertising and contents, records of advertising and contents displayed on pages or screens displayed to you and any interaction You may have had with such contents or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions).  
Views and opinionsany response, view and opinion that You choose to send to our Firm or publicly post about our Firm on our Firm’s website or any platform.  
Sensitive Personal Data

Where our Firm needs to Process your Sensitive Personal Data for a legitimate purpose, our Firm does so in accordance with applicable laws and regulations.
 

Our Firm may have to Process your Sensitive Personal Data in the ordinary course of our Firm’s business. Where it becomes necessary to process your Sensitive Personal Data for any reason, Our Firm will rely on one or more of the following legal bases:

Compliance with applicable lawOur Firm may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (such as to comply with our diversity reporting obligations).  
Detection and prevention of crimeOur Firm may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud).
Establishment, exercise or defence of legal rightsOur Firm may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights.  
ConsentOur Firm may Process your Sensitive Personal Data where our Firm has, in accordance with applicable laws and regulations, obtained your express consent prior to Processing your Sensitive Personal Data (this legal basis is not used in relation to Processing that we are legally required to carry out).  
Purposes of Processing and legal bases for Processing

Our Firm Processes Personal Data for the following purposes: providing our Firm’s websites and services to You, compliance checks, operating our Firm’s business, communicating with You, managing our IT systems, health and safety, financial management, conducting surveys, ensuring security of our Firm’s premises and systems, conducting investigations where necessary, compliance with applicable laws and regulations, improving our Firm’s websites and services, fraud prevention and recruitment and dealing with job applications.

The purposes for which our Firm Processes your Personal Data, subject to applicable laws and regulations, and the legal bases on which our Firm performs such Processing, are as follows:

Provision of our Firm’s website and services: providing our Firm’s websites and services, including legal and notarial advice, providing promotional items and information upon request and communicating with You in relation to those website and services.The Processing is necessary in connection with any contract that You have entered into with or Firm or to take steps prior to entering into a contract with our Firm; Our Firm has a legitimate interest in carrying out the Processing for the purpose of providing our Firm’s websites and services (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm has obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory).
Compliance checks: fulfilling our Firm’s regulatory and notarial compliance obligations, ‘Know Your Client’ checks and confirming and verifying your identity, use of client’s referring information and screening against government and/or law enforcement agency sanctions and other legal restrictions.The Processing is necessary for compliance with a legal obligation; The Processing is necessary in connection with any contract that You have entered into with our Firm or to take steps prior to entering into a contract with our Firm; Our Firm has a legitimate interest in carrying out the Processing for the purpose of fulfilling our Firm’s regulatory and compliance obligations (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm has obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory).
Operating our Firm’s business: operating and managing our Firm’s website and services, providing contents to You, displaying advertising and other information to You, communicating and interacting with You via our Firm’s website and services and notifying You of changes to any of our Firm’s website and services.The Processing is necessary in connection with any contract that You have entered into with our Firm or to take steps prior to entering into a contract with our Firm; Our Firm has a legitimate interest in carrying out the Processing for the purpose of providing our Firm’s website and services to You (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm obtained your prior consent to the Processing (this legal basis is not used in relation to Processing that our Firm legally obliged or which our Firm otherwise needs to carry out).
Communications and marketing: communicating with You via any mean (including via email, telephone, text message, social media, post or in person), news items and other information in which You may be interested, subject always to obtaining your prior opt-in consent to the extent required under applicable laws and regulations, maintaining and updating your contact information where appropriate, obtaining your prior, opt-in consent where required and recording telephone calls, meetings (both in person and online), depositions and other interactions in which You are involved, in accordance with applicable laws and regulations  .The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; Our Firm has a legitimate interest in carrying out the Processing for the purpose of contacting you, subject always to compliance with applicable laws and regulations (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm has obtained your prior consent to the Processing (this legal basis is not used in relation to Processing that our Firm legally obliged to carry out).
Management of IT systems: management and operation of our communications, IT and security systems and audits (including security audits) and monitoring of such systems.The Processing is necessary for compliance with a legal obligation; Our Firm has a legitimate interest in carrying out the Processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms).
Health and safety: health and safety assessments and record keeping, providing a safe and secure environment at our Firm’s premises and compliance with related legal obligations.The Processing is necessary for compliance with a legal obligation; Our Firm has a legitimate interest in carrying out the Processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden by your interests, fundamental rights or freedoms); orThe Processing is necessary to protect the vital interests of any individual.
Financial management: sales, budgets, finance, corporate and audit.Our Firm has a legitimate interest in carrying out the Processing for the purpose of managing and operating the financial affairs of our Firm’s business (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm has obtained your prior consent to the Processing (this legal basis is not used in relation to Processing that our Firm has legally obliged to carry out).
Surveys: engaging with You for the purposes of obtaining your views on our Firm’s website and services.Our Firm has a legitimate interest in carrying out the Processing for the purpose of conducting surveys, satisfaction reports and market research (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm has obtained your prior consent to the Processing (this legal basis is not used in relation to Processing that our Firm legally obliged or otherwise need to carry out).
Security: physical security of our Firm’s premises (including records of visits to our Firm’s premises), CCTV recordings and electronic security (including login records and access details).The Processing is necessary for compliance with a legal obligation; orOur Firm has a legitimate interest in carrying out the Processing for the purpose of ensuring the physical and electronic security of our Firm’s business and premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights or freedoms).
Investigations: gathering, analysing and collating evidence and materials, creating and maintaining recordings of telephone calls, meetings (both in person and online), depositions and other interactions, in accordance with applicable laws and regulations and detecting, investigating and preventing breaches of policy and criminal offences, in accordance with applicable laws and regulations.The Processing is necessary for compliance with a legal obligation; orOur Firm has a legitimate interest in carrying out the Processing for the purpose of establishing, exercising or defending our Firm’s legal rights (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms).
Legal proceedings: establishing, exercising and defending legal rights.The Processing is necessary for compliance with a legal obligation; orOur Firm has a legitimate interest in carrying out the Processing for the purpose of detecting and protecting against breaches of our Firm’s policies and applicable laws and regulations (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms).
Legal compliance: compliance with all of our Firm’s legal and regulatory obligations under applicable laws and regulations (including those applying to providers of notarial services).The Processing is necessary for compliance with a legal obligation.
Improving our Firm’s website and services: identifying issues with our Firm’s website and services, planning improvements to our Firm’s website and services and creating our new website and services.Our Firm has a legitimate interest in carrying out the Processing for the purpose of improving our Firm’s website and services (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm has obtained your prior consent to the Processing (this legal basis is not used in relation to Processing that our Firm is legally obliged or otherwise need to carry out).
Fraud prevention: Detecting, preventing and investigating fraud.The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); orOur Firm has a legitimate interest in carrying out the Processing for the purpose of detecting and protecting against fraud (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms).
Recruitment and job applications: recruitment activities, advertising of positions, interview activities, analysis of suitability for the relevant positions, records of hiring decisions, offer details and acceptance details.The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); Our Firm has a legitimate interest in carrying out the Processing for the purpose of recruitment activities and handling job applications (to the extent that such legitimate interest is not overridden your interests, fundamental rights or freedoms); orOur Firm has obtained your prior consent to the Processing (this legal basis is not used in relation to Processing that our Firm legally obliged or otherwise need to carry out).
Disclosure of Personal Data to third parties

Our Firm may disclose your Personal Data to: (i) legal and regulatory authorities, (ii) our external advisors lawyers and auditors, (iii) our Processors,  (iv) any party as needed in connection with legal proceedings, (v) any party necessary for investigating, detecting or preventing criminal offences, (vi) any purchaser of our Firm’s business and (vii) any third party providers of advertising, plugins or contents used on our Firm’s website.
 

Our Firm may disclose your Personal Data to other associate or affiliate entities, for legitimate business purposes (including operating our Firm’s website and providing services to you), in accordance with applicable laws and regulations and subject to applicable professional and regulatory requirements regarding confidentiality and professional secrecy. In addition, we may disclose your Personal Data to:

  • legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable laws or regulations;
  • accountants, auditors, lawyers and other outside professional advisors, subject to binding contractual obligations of confidentiality;
  • third party Processors (such as providers of data hosting services and document review services), located anywhere in the world, subject to the requirements noted below;
  • any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
  • any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
  • any relevant third party acquirer, in the event that our Firm sells or transfers all or any portion of our Firm’s business or assets (including in the event of a reorganization, dissolution or liquidation); or
  • any relevant third party provider, where our Firm’s website uses third party advertising, plugins or contents. If you choose to interact with any such advertising, plugins or contents, your Personal Data may be shared with the relevant third party provider. Our Firm recommends that You review that third party’s privacy policy before interacting with its advertising, plugins or contents.

If our Firm engages a third party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions and (ii) use measures to protect the confidentiality and security of the Personal Data, together with any additional requirements under applicable laws and regulations.

International transfer of Personal Data

Our Firm may transfer your Personal Data to recipients in other countries. Where our Firm transfers Personal Data to a recipient who is not in an Adequate Jurisdiction, our Firm does so on the basis of Standard Contractual Agreement.
 

Because of the international nature of our Firm’s business, our Firm may need to transfer your Personal Data to other associate or affiliate entities and to other third parties as noted above, in connection with the purposes set out in this Policy. For this reason, our Firm may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements. 

Where our Firm transfers your Personal Data to recipients who are not in Adequate Jurisdictions, our Firm does so on the basis of Standard Contractual Agreement.

Please note that when You transfer any of your Personal Data by yourself directly to any of our associate or affiliate entity established outside Thailand, our Firm is not responsible for that transfer of your Personal Data (and such transfer is not based on or protected by our Standard Contractual Agreement). Our Firm will nevertheless Process your Personal Data, from the point at which our Firm receives the data, in accordance with the provisions of this Policy.

Data security

Our Firm implements appropriate technical and organisational security measures to protect your Personal Data. Please ensure that any Personal Data that You send to our Firm is sent securely.
 

Our Firm has implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access and other unlawful or unauthorised forms of Processing, in accordance with applicable laws and regulations.

Because the internet is an open system, transmission of information via the internet is not completely secured. Although our Firm will implement all reasonable measures to protect your personal data, our Firm cannot guarantee the security of your data transmitted to our Firm using the internet – any such transmission is at your own risk and You are responsible for ensuring that any Personal Data that You send to us is sent securely.

Data accuracy

Our Firm takes every reasonable step to ensure that your Personal Data is kept accurate and up-to-date and is erased or rectified if our Firm becomes aware of inaccuracies.
 

Our Firm takes every reasonable step to ensure that:

  • your Personal Data that our Firm Processes is accurate and, where necessary, kept up to date; and
  • any of your Personal Data that our Firm Processes is inaccurate (having regard to the purposes for which it is Processed) is erased or rectified without delay.

From time to time, our Firm may ask You to confirm the accuracy of your Personal Data.

Data minimization

Our Firm takes every reasonable step to limit the volume of your Personal Data that our Firm Processes to what is necessary.
 

Our Firm takes every reasonable step to ensure that your Personal Data that our Firm Processes is limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy.

Data retention

Our Firm takes every reasonable step to ensure that your Personal Data is only retained for as long as needed.
 

Our Firm takes every reasonable step to ensure that your Personal Data is only Processed for the minimum period necessary for the purposes set out in this Policy.

The criteria for determining duration for which our Firm will keep your Personal Data are as follows: our Firm will retain copies of your Personal Data in a form that permits identification only for as long as it is necessary in connection with the purposes set out in this Policy, unless applicable laws and regulations requires otherwise. In particular, our Firm may retain your Personal Data for the duration that is necessary to establish, exercise or defend any legal rights.

Your legal rights

Under applicable laws and regulations, You may have a number of rights, including: (i) the right not to provide your Personal Data to our Firm, (ii) the right of access to your Personal Data, (iii) the right to request rectification of inaccuracies, (iv) the right to request erasure or restriction of Processing of your Personal Data, (v) the right to object to the Processing of your Personal Data, (vi) the right to have your Personal Data transferred to another Controller, (vii) the right to withdraw consent and (viii) the right to lodge complaints with Data Protection Authorities. Our Firm may require proof of your identity before giving effect to these rights.

Subject to applicable laws and regulations, You may have a number of rights regarding our Processing of your Relevant Personal Data, including:

  • the right not to provide your Personal Data to our Firm (however, please note that our Firm may be unable to provide You with the full benefit of our Firm’s website and services if You do not provide our Firm with your Personal Data);
  • the right to request access to or copies of your Personal Data, together with information regarding nature, Processing and disclosure of the Personal Data;
  • the right to request rectification of any inaccuracies in your Personal Data;
  • the right to request, on legitimate grounds:
    • erasure of your Personal Data; or
    • restriction of Processing of your Personal Data;
  • the right to have certain Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
  • where our Firm Processes your Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which our Firm receives notice of such withdrawal and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
  • the right to lodge complaints with a Data Protection Authority regarding the Processing of your Personal Data by our Firm or on our Firm’s behalf.

Subject to applicable laws and regulations, You may also have the following additional rights regarding the Processing of your Relevant Personal Data:

  • the right to object, on grounds relating to your particular situation, to the Processing of your Personal Data by our Firm or on our Firm behalf; and
  • the right to object to the Processing of your Personal Data by our Firm or on our Firm’s behalf for direct marketing purposes.

    
Nothing in this Policy affects any of your other statutory rights.

To exercise one or more of the rights described in this Policy or to ask a question about these rights or any provision of this Policy or about our Firm’s Processing of your Personal Data, please use the contact details provided below. Please note that:

  • Our Firm may require proof of your identity before giving effect to these rights; and
  • where your request requires the establishment of additional facts (such as determination of whether any Processing is non-compliant with applicable laws and regulations), we will investigate your request reasonably promptly before deciding what action to take.

Direct marketing

Our Firm may Process your Personal Data to contact You with information regarding services that may be of interest to You. You may unsubscribe for free at any time.
 

Our Firm may Process your Personal Data to contact You via email, telephone, direct mail or other communication formats to provide You with information regarding services that may be of interest to You. If our Firm provides services to You, our Firm may send information to You regarding our Firm’s services and other information that may be of interest to You, using the contact details that You have provided to our Firm and always in compliance with applicable laws and regulations. 

You may unsubscribe from our promotional email at any time by simply clicking on the unsubscribe link included in every promotional email our Firm sends. After You unsubscribe, our Firm will not send you further promotional emails, but our Firm may continue to contact You to the extent necessary for the purposes of services You have requested. 

Definitions
  • Adequate Jurisdiction” a jurisdiction that has been formally provided an adequate level of protection for Personal Data.
  • “Controller” means any person or entity that decides what, how and why Personal Data are Processed.
  • Data Protection Authority” means an independent government authority that is tasked for overseeing compliance with applicable data protection laws.
  • Personal Data” means information that is about any individual or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
  • Process(es)”, “Processing” or “Processed” means anything that is proceeded with any Personal Data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • Processor” means any person or entity that Processes Personal Data on behalf of the Controller (including employees of the Controller in case that the Controller is also the Processor).
  • Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number or any other information that may be deemed to be sensitive under applicable laws and regulations.
  • Standard Contractual Agreement” means templated provisions in relation to transferring of data according to the applicable laws and regulations for the purpose of transferring of data outside Thailand.
The Data Protection Officer

You may contact us at
The Legal Co., Ltd

EmailDataProtectionOfficer@thelegal.co.th

Website: Contact Us – The Legal Co., Ltd.
Tel: +66 2 047 3766

Standard Terms of Engagement for Legal Services (“Standard Terms”)

These Standard Terms are for The Legal Co., Ltd.’s engagement to provide legal services to you. Unless modified in writing by mutual agreement, these Standard Terms will be an integral part of any agreement and engagement we may have with you. Please review statements contained herein carefully and contact us promptly if you have any question. We suggest that you retain these statement in your record.

Client Service Lawyer

One lawyer will generally be assigned with the primary responsibility for seeing that your requests for legal services are met. Additional lawyers, paralegals and lawyer assistances may assist in rendering the most appropriate and efficient legal services. Also, we will disclose confidential information with the working team in your specific matters for the purposes of better serving you.

Scope of Our Engagement and Legal Fees

The scope of our engagement will be set out in a separate letter that will be sent to you each time we agree to represent you on an individual matter (i.e. Letter of Engagement – Legal Services). Our fee arrangement will be set out in that Letter of Engagement – Legal Services.

Third Parties

Our engagement to you does not create any right in or liability to any third party.

Conflicts

We will always honor our duty of confidentiality to you and protect your information. Without detracting from our duty of confidentiality to you, these Standard Terms confirms our mutual agreement that, so long as we act in accordance with ethical requirements, we may without your consent act for other persons or entities whose interests are adverse to you in matters not substantially related to our engagement with you. The adversity may be including litigation, legislative or regulatory matters or in transactions or otherwise, all regardless of types, importance or severity of the matters.  We agree, however, that we will not act adversely to you in any instance. By representing you, you acknowledge that we will have obtained sensitive, proprietary or other confidential information of a nonpublic nature that, if known to any such other clients of ours, could be used in a matter in which we are retained by our other clients. As such, we may not be able to assign certain of our lawyers, paralegals or lawyer assistances who have such information to any involvement in the adverse representation for you. You also understand that we may obtain confidential information from other clients that might be of interest to you, but we cannot share with you.

Conflicts With Affiliates

For purposes of our engagement, our client is only the entity designated in our Letter of Engagement – Legal Services, and not its affiliates (e.g. stockholders, parents, subsidiaries, directors, officers, related companies of any entity, individual members of a trade association or partners of a partnership or joint venture). Accordingly, for conflict of interest purposes, we may represent another client with interests adverse to your affiliates without obtaining your or their consent. We will expect you to inform us immediately if the designated client does business under any other name.

Termination of Services

We are subject to the rules of professional responsibility under Thailand legal system, which may require or allow us to withdraw from representing our client. We may terminate our representation for any reason in consistent with the applicable rules of professional responsibilities. We try to identify in advance and discuss with our client any situation that may lead to our withdrawal. If the withdrawal ever becomes necessary, we will give our client written notice of our withdrawal.

You may terminate our representation at any time by notifying us. You thereby agree that the termination of our services will not affect your responsibility for payment for legal services rendered and additional charges incurred before the termination and in connection with any transition of your matters.

Our attorney-client relationship will be considered terminating upon our completion of the specific services that you have retained us to perform. If any open-ended services are agreed upon, the relationship will be considered terminated when more than six months have lapsed from the last time you requested for our services and we furnished any billable services to you. If you later retain us to perform further or additional services, our attorney-client relationship will be reviewed, subject to these Standard Terms and any subsequent written terms specified in the Letter of Engagement – Legal Services.

We may inform you from time to time of development in the laws which may be of interest to you by emails, newsletters or otherwise. The inform of such development in the laws should not be understood as a revival of an attorney-client relationship. Moreover, we have no obligation to inform you of such development in the laws unless we are engaged in writing to do so.

Your Documents

When termination occurs, papers and properties that you have provided to us will, at your request, be returned to you promptly. Copies of paper we have created for you, which you may need but no longer have, will be made available to you. Our drafts and work products will belong to us. We reserve the right, subject to any applicable laws or rules of professional responsibility to the contrary, to destroy within a reasonable time any item in any form described in this paragraph that are retained by us.

E-mails

Documents sent to you by an e-mail (whether or not containing confidential information) generally will not be encrypted unless we, on our own consideration, view that those are required to be encrypted or unless you request us , in writing, to encrypt outgoing documents and we are able to agree with you and implement mutually acceptable encryption standards and protocols.

We make reasonable attempts to exclude any virus or other defect that might affect any computer or IT system from our e-mails and any attachment. However, it is your responsibility to put in place measures to protect your computer or IT system against any such virus or defect and that you agree to be responsible for any damage occurred from your willfulness or negligence in doing so. Wein any case do not accept any liability for any loss or damage that may arise from the receipt or use of electronic communications from us.

Use of Cloud Services for the Storage and Processing of Data

We may utilize cloud services in the provision of legal services related to the provision of services to you. We evaluate all cloud services providers against industry standard frameworks for information security to validate the existence of systems to protect the confidentiality, integrity and availability of data. All cloud service providers operate under service agreements that require conduct that is in consistent with our legal and ethical obligations.

If you require us to use a specific consumer-grade cloud storage provider (e.g. the free, non-enterprise versions of Dropbox.com, Box.com, Googledrive.com or etc.) for the storage, sharing or exchange of documents or information generated or used in the course of a specific engagement, we assume no responsibility for the security of the data or the provider’s security standards. In case that we detect any virus or defect contained in any document or information stored in such cloud storage required by you, we reserve our right to reject access and delete such document or information. Note that we provide our own secure and encrypted file transfer system, as well as to facilitate the storage and sharing of information between you and us.

Data Protection and International Data Transfer

We may obtain data about individuals (personal data) in connection with our provision of services to you. Unless we specifically agree otherwise, we act as the owner and/or controller of personal data and retain responsibility to address data protection law to the extent applicable to us. We implement standard contractual clauses and other measures to address cross-border data transfer restrictions in the data protection law.

Questions

Please direct any question about services or billing matters to your client service lawyers.

Agreement

These Standard Terms shall be incorporated into any specific engagement and will be part of each Letter of Engagement – Legal Services. Except for pending uncompleted assignments, these Standard Terms supersede all prior understanding or agreements between you and us, and thereby shall prevail over any contrary or alternative terms of yours or any third party.

Billing Policy

These Standard Terms contain the general billing policy. Specific billing policy will be as specified in each Letter of Engagement – Legal Services for each engagement between you and us.

Legal Fees

Our legal fees are normally charged on an hourly basis. Our hourly rates are determined by experiences, expertise and efficiency of each lawyer and that are subject to adjustment from time to time, except as otherwise specified in the Letter of Engagement – Legal Services.

We endeavor to assign our personnel in a way designed to produce timely and economical handling of matters. While we will take all prudent steps to minimize the number of legal staff who perform services on your behalf, we charge for internal conferences and supervision where appropriate. The time we spend on telephone calls relating to your matters, including calls with you and government officials, waiting time at government departments and elsewhere and, for travelling time, both local and out of town, will be charged to you as well.

Overseas Fees

If we instruct other overseas law firms or service providers whom we associate with, then you may opt to pay them directly against their invoice or through us. In either case of any amount payable to an overseas entity, against which the payer is required to withhold at source or make any payment on account of corporate income tax, value added tax (VAT) or otherwise, then the amounts invoiced to you shall be deemed increased. The amount receivable by that overseas entity will, after deduction on account of such tax, be equal to the actual fees incurred and invoiced based on their times and their actual disbursements as billed – with full duty and responsibility being borne by you for all such tax.

Costs and Other Charges

We will incur various actual disbursements and other charges in performing legal services for you. You agree to pay for those charges and expenses in addition to our legal fees. For purposes of illustration, the actual disbursements and other charges commonly include long distance telephones, facsimiles and other types of electronic communication, couriers, messengers and other delivery fees; postages, translation and interpretation fees, travelling expenses, hotels, meals and all other costs of any necessary out- of-town travel, photocopying and other reproduction costs, bank charges, duty stamps, overtimes for secretarial and clerical staffs, other expenses as may be required to meet the deadlines involved with your matter and other similar items.

Deposits and Advance Payment

You will provide to us an initial amount as specified in the Letter of Engagement – Legal Services. From time to time, we may require additional advances based on our estimates of future legal fees and charges for our engagement and may apply all or parts of the advance against invoices as they are generated. Upon conclusion of our works, any amount of the advance in excess of the final invoice will be refunded or otherwise disbursed, according to your instructions, without interest, currency exchange exposure and bank service charges on our part. We may also agree during the course of relationship to reduce or eliminate the advance by crediting it to your account.

Billing and Payment

We anticipate submitting invoices once the works have been completed unless otherwise agreed in the Letter of Engagement – Legal Services. Our invoice sets forth detailed descriptions of the services rendered during the period, the legal fees and actual expenses incurred and VAT. Payment is due upon receipt of our invoice, and we reserve the right to suspend our works in the event of overdue bill and/or to charge interest on amount overdue at the rate of 3 percent per annum.

For an overseas client, we require payment of our bill without any deduction or withholding on account of taxes, levies, duties or other charges of any nature. If any withholding is required, you will be responsible for paying such additional amount as is necessary so that we receive full payment of our invoice.

In case that you request us to render our bill to another party and we agree to do so, it will be on the understanding that your responsibility for settlement of such bill on a timely manner remains unchanged. Upon failure of the invoiced party to settle the invoice in full on a timely basis, you will settle the invoice forthwith.