Terms & conditions

Effective date: 1 September 2020

Welcome to Learn English Mate

Thanks for using our products and services (“Services”). The Services are provided by Learn English Mate which is part of the CTC Group.

By using our Services, you are agreeing to these terms. Please read them carefully.

1. General Terms of Use

Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2.Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

3.Copyright notice

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person providing it is marked with our logo and name.

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.Registration and accounts

6.1 To be eligible for an account on our website under this Section 6, you must either purchase or subscribe to a service.

6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

7.User login details

7.1 If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our website by notifying us in writing.

9.Your content: licence

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner]];

(m) be pornographic, lewd, suggestive or sexually explicit]];

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person;

11.Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12.Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).

14.Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15.Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

2. Privacy Policy

Our Company Learn English Mate is part of the CTC Group.
This privacy policy will explain how our organization uses the personal data we collect from you when you use our website.

What data do we collect?
Our Company collects the following data:
Personal identification information (Name, email address, phone number, etc.)

How do we collect your data?
You directly provide Our Company with most of the data we collect. We collect data and process data when you:
• Register online or place an order for any of our products or services.
• Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
• Use or view our website via your browser’s cookies.

How will we use your data?
Our Company collects your data so that we can:
Process your orders, manage your account.
Email you with special offers on other products and services we think you might like.
Contact you to keep you informed as to valuable content we have published.
If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop Learn English Mate from contacting you for marketing purposes If you no longer wish to be contacted for marketing purposes, please ‘opt out’.

Will my data be shared with any third parties?
Your data will not be shared or sold to any third parties.
Our website may contain links to third party sites, vendors and providers for which we take no responsibility or liability for any losses or data breaches resulting from your dealings with said entities.

How do we store your data?
Our Company securely stores and protects your data electronically.
Our Company will keep your data unless you ‘opt out’ from receiving communications from us.
If you ‘opt out’ will will securely remove and delete your date.

What are your data protection rights?
Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.

The right to erasure – You have the right to request that Our Company erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Our Company’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you.

What are cookies?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.

How do we use cookies?
Our Company uses cookies in a range of ways to improve your experience on our website, including:
• Keeping you signed in
• Understanding how you use our website
What types of cookies do we use?
There are a number of different types of cookies, however, our website uses:
Functionality – Our Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used. Advertising – Our Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on
our website.
Our Company website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
Our Company keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 9 January 2019.
If you have any questions about Our Company’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

3. Promotions, Free Trials, Free Training & ‘Gifts’

1. Complimentary Online Training
1. Learn English Mate reserves the right to withdraw or modify this free training at any time.

2. Learn English Mate has the right to use testimonials, case studies, reviews and logos obtained from “Client” and/or “Learners” enrolled by “Client” for the purpose of promoting its activities in advertising campaigns via any medium of communication.

2. Free 7 Day Trial with X2 Free Classes
Learn English Mate reserves the right to withdraw or modify this promotion or any other offer/promotion at any time.

This or any other promotion may not be combined with another promotion or offer.

The Free trial provides 7 days free access to materials and the app platform. Furthermore X2 Private Live Classes. A private live class is 40 minutes in duration, the duration can not be changed during the free trial.

If the free trial plan is cancelled before the end of the trial any access to any product or service whether tangible or intangible will be withdrawn by Learn English Mate.

Any product or service whether tangible or intangible may be carried over on the condition that a successful payment has been received for the first paid month of service.

4. Purchased Teaching Services

1. Introduction & Definitions

For the purpose of this agreement:
Learn English Mate and Agents acting on behalf of Learn English Mate will be referred to as “Company” and/or ‘”Teacher”.
Private individuals, customers, students and clients who have purchased or are participating in services from Learn English Mate will be refereed to as “Students” or “Client”.

2. General scope of services

Learn English Mate provides teaching, training and consultation services to both private clients and business clients.

3. Duration of Agreement

When a monthly plan is purchased then this agreement will commence until said plan is cancelled. With regards to a yearly plan, this agreement shall remain in force for 12 months from the date of purchase.

4. Scheduling Live Class

1. A live class is a 1:1 online class via video conferencing technology. Live classes are 40 minutes long in duration by default.
2. The Steady Plan allows ‘Student” to attend 6, 40 minute live classes per month. Thus totaling 240 minutes. The Accelerate Plan allows ‘Student” to attend 12, 40 minute live classes per month. Thus totaling 480 minutes. ‘Student’ may choose to change the default time however any session duration change will not affect the total number of minutes in the plan.
3. A live class will be considered scheduled when it has been agreed by both “Student” and “Company” and the details have been communicated electronically in writing.

5. Cancellation and Rescheduling

Once a live class is scheduled “Student” may cancel or reschedule the class up to 12 hours before the class start time. If “Student” fails to cancel or reschedule a class up to 12 hours before the class start time then the class shall be forfeited by “Student”. “Company” will not be held financially responsible or liable for late cancellations.

6. Student Lateness or student does not attend

If “Student” does not arrive on time for a live session. “Teacher” Shall remain present and be ready to teach for the whole duration of the scheduled live class. Both “Teacher” and “Company” will not be held responsible for “Student” tardiness. Therefore the duration of the scheduled live class will not be extended nor will any form of refund be offered.

7. Student Technical Issues

“Company” will not be held responsible for “Student” technical issues arising from any source of interruption to any service provided by “Company” including but not limited to internet connectivity, power or device performance. Therefore the duration of any affected scheduled live class will not be extended nor will any form of refund be offered for a loss of service arising from “Student” technical issues.

8. Company Technical Issues

“Student” will not be held responsible for “Company” technical issues arising from any source of interruption to any service provided by “Company” including but not limited to internet connectivity, power or device performance. Therefore the duration of any affected scheduled live class will be extended or rescheduled at no cost to “Student”.

9. Confidential Information & Non-Disclosure

During these TERMS AND CONDITIONS each party shall at all times (excepting only in the proper course of its duties under this agreement or as may be required by law or with the prior written consent of the other party) hold absolutely confidential and not divulge or disclose by any means to any other persons, firm or corporation, any confidential or proprietary information belonging to the other party.
Confidential or proprietary information includes all financial, business and technical information, data, procedures or codes relating to transactions, accounts, investigations, discoveries, reserves, developmental work associated with products, processes, financing or trade secrets (whether in tangible or electronic form) of the other party or its associate companies, that is not in the public domain: that is, not generally known to or readily ascertainable by the general public.
The termination of this agreement for any reasons whatsoever shall not affect the operation of this article, the terms of which shall remain in full force and effect until such time as the parties agree.

10. Payment Terms & Charges

“Student” agrees to pay “Company” for services in advance of the commencement of said services.
All monthly payment plans will renew automatically at the end of each month of service, therefore this agreement will be in effect for as long as the monthly payment plan remains active.
If “Student” wishes to cancel their monthly plan they can do so in writing to “Company” before their plan is scheduled to renew. Failure to do so will result in the ‘Student’ being charged for the next month of service.
All yearly payment plans start on the date of purchase and will be active for a period of 12 months.
“Company” will not be held financially responsible for any losses or additional charges incurred by “Student” as a result of any transaction. Nor will “Company” be obliged to refund “Student” at any point of service.

11. Non-Solicitation

“Clients” and/or “Students” will not recruit or enter into a service agreement with any member of staff working for or on behalf of “Company”.

12. Our Content & Service

Our content is private and will not be shared, copied or distributed by “Client”.
Any service feature included in a monthly plan, including but not limited to live sessions must be used within 30 days, before the next month of service commences.
Any leftover services will be forfeited and “Client” will not be compensated nor will any leftover services be carried over to the next month of service.
Under no circumstances may any account, service, or product, either tangible or intangible be shared with another person and/or company, unless Learn English Mate gives permission and said permission has been communicated in writing.

13. Termination of agreement

This agreement can be terminated by either party before the next billing day. Either party may cancel the agreement in writing.

14. Governing Law

1. These terms and conditions shall be governed by and construed in accordance with English law.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

5. Policies on Personal Data Protection of Learn English Mate B.E. 2564 (2021)

Learn English Mate Announcement

Policies on Personal Data Protection of Learn English Mate B.E. 2564 (2021)

………………………………………………………………..

1. This announcement shall come into force on the announcement date.

2. In this Announcement,

“Personal Data” refers to any information relating to an identified or identifiable data subjects, whether directly or indirectly, including but not limited to a name, an identification number, address, an online identifier, online information, or to one or more factors specific to the physical, mental, economic, cultural or social identity of that person.

“Data Subjects” refers to the persons identifiable by the personal data.

“Personal Data Protection Act” refers to the Personal Data Protection Act B.E. 2562 (B.E. 2019), including any amendments, royal decrees, ministerial regulations, announcements, orders or any laws pertaining to the personal data protection.

3.Learn English Mate’s Policies
In order to collect, use, process or disclose the personal data of personnel, students or any affiliated persons, Learn English Mate as a Data Controller and Data Processor of the Personal Data is obliged to comply with the personal data protection laws, as follows:

(1) To collect, use, process or disclose the personal data accurately, lawfully and in accordance with related laws.
(2) To support personal data protection.

(3) To provide appropriate security measures and confidentiality of the personal data in accordance with the standards as required by laws.

(4) To manage a collection, use, processing or disclosure of the personal data with a consideration of the privacy of the data subjects.

4.Learn English Mate shall collect and process the personal data under 6 principals, as follows:

(1) Learn English Mate shall collect, use, process or disclose the personal data lawfully, fairly and in a transparent manner.

(2) Learn English Mate shall collect, use, process or disclose the personal data in accordance with explicit and legitimate purposes, legal authorization, scope of jobs/duties specified in contracts or Learn English Mate’s business or operation only.

(3) Learn English Mate shall collect, use, process or disclose the personal data as necessary and only when that processing is related to specified purposes , unless it is required by law to further processing or in order to protect legitimate interest of Learn English Mate.

(4) Learn English Mate shall examine and update the personal data to be up-to-date and, where necessary, corrected without delay when found to be inaccurate.

(5) Learn English Mate shall retain the personal data only as necessary or as required by law for the purposes as specified by Learn English Mate, unless it is required for additional collection to protect the legitimate interest of Learn English Mate.

(6) Learn English Mate shall provide the appropriate security measures which meet the standards for personal data protection in order to protect the controlled personal data against any unlawful/unauthorized access and use, loss, or destroying by any third party

5.The personal data required to be collected, used, or disclosed by Learn English Mate includes the following information.
(1)Normal Personal Data includes but is not limited to only Name-Last name, Address, Telephone Number or Email Address, for example.
(2)Sensitive Personal Data, in accordance with Section 26 of the Personal Data Protection Act B.E. 2562 (2019), includes but is not limited to only race, ethnicity, political opinions, cult, philosophical beliefs, sexual behavior, criminal records, health data, disability, genetic data, biometric data or any other similar data. Learn English Mate shall carefully access, collect, use, disclose or control the personal data as required by laws. In addition, Learn English Mate shall inform the data subjects details related to the collection, use or disclosure of the sensitive personal data before or during the collection under the terms, conditions, and regulations as required by law.
(3)In the event of any offense in civil or criminal or any other law, Learn English Mate reserves the rights to collect or use the personal data pertaining to the offences. However, Learn English Mate shall carefully exercise the rights to access, collect, use, disclose or control the personal data under the conditions as required by laws.
(4)In order to protect the interest of Learn English Mate,

6.Learn English Mate may collect, use, disclose or process the personal data collected directly from the data subjects or from external resources.
In some cases, Learn English Mate may request additional information from the data subjects, in order for Learn English Mate to carry out contractual obligations or any other requests. In this regard, failure to provide required information may result in a termination of contract between Learn English Mate and the data subjects, or Learn English Mate may not be able to carry out related requests for the data subjects.

7.Learn English Mate shall not collect, use, process or disclose the personal data without consent of the data subjects, unless it is required by laws; to carry out obligations; for public interest; or for Learn English Mate-related business and operation; or for legitimate rights.

8.Learn English Mate shall process the personal data in the event when it is authorized by laws. The type and scope of the processing of the personal data shall be limited as necessary and as determined by related laws, only for Learn English Mate’s purposes of collection, use, or disclosure of the personal data or for Learn English Mate-related business and operation as specified only.

9.Learn English Mate shall not collect, use, process or disclose the sensitive data, for example, race, ethnicity, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union data, genetic data or biometric data, without the explicit consent from the data subjects, unless and Learn English Mate is authorized by any law basis in accordance with the personal data protection laws, for the following purposes:
(1)To prevent or suppress any danger or harm to life, body or health of the data subjects, where the data subject is incapable.
(2)It is information that is disclosed to the public with the explicit consent of the data subject.

10.Purposes for Collection, Use, Process of the Personal Data.
Learn English Mate shall collect, use, process the personal data for the purposes related to the Learn English Mate’s operation or business, education, research and statistics, in order to improve Learn English Mate services, to record the personal data, to comply with the law, for public interest and for lawful interest of Learn English Mate.

11.The Consent of the Data Subjects
The consent by the data subjects must be given voluntarily in writing either on paper or in electronic form (via computer, mobile device, social media/networking, or telecommunication). The data subjects, in some cases, may also give a verbal consent, and Learn English Mate shall record such verbal consent every time.

The data subjects who do not wish Learn English Mate to collect, use, process, or disclose the personal data may withdraw their consent by submitting their request to the Data Protection Officer ofLearn English Mate.

A withdrawal of consent shall be carried out under the terms and conditions and in accordance with the announcements or rules and regulations and laws pertaining to the personal data protection and policies and practices and other related measures on the personal data protection as determined by Learn English Mate.

12.Receiver of the Personal Data
Learn English Mate realizes a significance of an assurance of confidentiality of the personal data and assures a limit of access of the personal data to only those with related-duties, personnel and staff of Learn English Mate and the contracted third-party service providers who are affiliated with Learn English Mate. Learn English Mate shall disclose and share only necessary data in order to process the data related to service offering and to protect the interest of Learn English Mate, and Learn English Mate hereby agrees to protect the personal data from any unauthorized access.

The data subjects agree Learn English Mate to disclose or transfer the personal information to affiliates or alliances and business partners of Learn English Mate in order for business operation, compliance of policies, and legitimate interest of Learn English Mate, including any other cases announced by Learn English Mate from time to time.

13.The Rights to Personal Data
At any time, the data subjects have the rights to the personal data, as follows:

(1) Rights to access and obtain copy of the personal data
(2) Rights to request to edit inaccurate/ incomplete personal data
(3) Rights to request for a deletion or destroying of the personal data processed by Learn English Mate except it is prohibited by laws or it shall be effect and cause any damage to Learn English Mate.
(4) Rights to suspend or withhold the use of the personal data except it is prohibited by laws or it shall be effect and cause any damage to Learn English Mate.
(5) Rights to request for a copy of the personal data in electronic forms if the personal data is processed in the format which is readable or commonly used by ways of automatic tools or equipment, and can be used or disclosed by automated means. The data subjects may request Learn English Mate to forward or transfer such personal data to the third- party directly except it is prohibited by laws or it shall be effect and cause any damage to Learn English Mate.
(6) Rights to object to the use, collection, record, and disclosure of the personal data for other purposes except it is prohibited by laws or it shall be effect and cause any damage to Learn English Mate.
(7) Rights to suspend or withhold any processing of personal data carried out by the artificial intelligence (AI).
In this regard, in order to exercise the rights to the personal data as prescribed above, the data subjects shall comply with related rules and regulations, announcements as issued and specified by Learn English Mate and in pursuant to related laws pertaining to the personal data protection and the policies and procedures pertaining to the personal data as specified by Learn English Mate.

14.The procedures for the personal data protection of Learn English Mate are divided into 3 parts as follows:
(1) The administration of the personal data via people

(2) The administration of the personal data via the process of the personal data protection

(3) The administration of the personal data via personal data protection technology.

Learn English Mate shall arrange for an evaluation of the effect on personal data privacy for administration of the projects undertaken by Learn English Mate in order to identify the risk to the privacy of data subjects and make appropriate plans to reduce such risks.

15.Confidentiality of the Personal Data

The personal data is deemed confidential and shall not be used without an authorization. The use, process or disclosure of the personal data by unauthorized persons is deemed wrongfully.

Learn English Mate shall limit access to the personal data to only those who are affiliated with Learn English Mate to carry out their duties such as personnel of Learn English Mate including the individuals who are service providers of Learn English Mate offering services relating to the process of the personal data, and other partners receiving and processing the personal data on behalf of Learn English Mate. Learn English Mate shall disclose and share the personal data with service providers only when it is deemed necessary in order to offer services, to carry out Learn English Mate’s operation and business or to protect the interest of the Learn English Mate . The service providers agree to protect the personal data from unauthorized access, unauthorized use or unauthorized disclosure of the personal data.

16.Learn English Mate may transfer the personal data to any person located in the countries outside of Thailand in accordance with the purposes specified in clause 10 of this announcement whether or not the personal data protection laws of those countries meet the legal standards of Thailand.

Learn English Mate shall proceed any appropriate procedures which have the same standards applicable in Thailand for personal data protection.

17.Learn English Mate shall collect the personal data as necessary period or during the period required by law.

18.Learn English Mate has the policies on personal data protection and has security measures for technology which meet international standards to safeguard the confidentiality and safety of the personal data and to prevent loss, unauthorized access, unauthorized disclosure or unauthorized process.

19.Learn English Mate complies with the personal data protection laws by appointing the Data Protection Officer to ensure that the Learn English Mate complies with related personal data protection laws.

If the data subjects wish to inquire further, file a complaint, or request any information related to the collection, use or disclosure of the personal data, they may directly and immediately contact the Data Protection Officer as detailed below

The Data Protection Officer

The Committee for Personal Data Protection of Learn English Mate

Email: pdpc@learnenglishmate.com

Announced on March 19, 2021.