Privacy Policy

The Binary Holdings Terms and Conditions

Last Updated: Oct 21, 2024

The Binary Holdings (“TBH”, “we”, “us” or “our”) take your privacy seriously. This privacy policy (“Privacy Policy”) describes how we collect, use and disclose your personal information in connection with your use of www.thebinaryholdings.com and other websites owned by us, our apps, our apps that are embedded into our apps or offered vis our partners, our portals, our advertising services and our offline services such as customer service (“Services”). This Privacy Policy also covers how our subsidiaries, affiliated companies (where we own more than 50% of the voting shares) and our holding companies, our different websites, apps and products.

By using our Services, you consent to our collection, use and disclosure of your personal information as outlined in this Privacy Policy. In most cases, we are the data controller and our Privacy Policy applies. However, when you access our Services via our partner's portals or apps, we may be acting as a data processor and our partner's privacy policy may apply.

Our Services are not intended for children (less than 18 years old) as defined in the applicable laws. If you are a child under applicable law, please do not use our Services. If we become aware that we have inadvertently received or collected personal information pertaining to a child under the age of consent in the country where the child is located without valid consent, we will delete such information from our records.

This Privacy Policy is divided into followings areas:

  • Legal basis for processing of personal information
  • Personal information we collect
  • Cookies notice
  • How we use the Personal Information
  • How we share or disclose Personal Information
  • International data transfers
  • Information security measures
  • Data retention
  • How to exercise privacy related rights provided to you
  • Contact information

Legal basis for processing of personal information:

Due to the many Services we provide, we utilise multiple basis for processing your personal data depending on the service, which include:

  • Your consent as you consent to Privacy Policy and our Terms and Conditions as part of the sign-up process or process of using our Services
  • Legitimate purposes as we must process your personal data to provide Services to you due to nature of our Services
  • For the purposes of fulfilling our obligations towards you as you have agreed with us in the terms and conditions of the use of the Services you have agreed to
  • Any other legal basis per the applicable law in the country you reside

If your consent is the only legal basis for processing your personal information, you can withdraw your consent at any time. However, if you withdraw your consent to certain uses, we may no longer be able to provide our Services to you. If we have another legal basis for processing your personal information, we may continue to process it.

Personal Information We Collect

We collect personal information from wide base of users, including:

  • Visitors to our Sites
  • Subscribers to our Services directly or via our partners
  • Individuals who establish a relationship with us by telephone, sign up to receive communications or who sign up for TBH Services
  • Customers of those of our partners who have engaged us to deliver services on their behalf
  • Non-customers for the purposes of marketing and advertising using third party services.

We may collect personal information which includes:

  • User account information that you upload on our Services, such as your picture, name, home address, email address, user names, passwords and phone number, date of birth, and demographic information
  • Information such as name, address, national ID/passport information and other relevant information for KYC purposes
  • Loyalty program account information for the third party loyalty programs you register with our Services, including your program account numbers, passwords and balances, and details of buy, sell, trade and redemption transactions involving those loyalty programs
  • Information for travel bookings through our Services, including personal information of people you make reservations or bookings for using our Services. It is your responsibility to obtain the consent of other individuals prior to providing us with their personal information
  • Information about any other services booked or purchases made through our Services.
  • Purchase and sale transaction information such as your credit card information and the details of your transaction
  • Information contained in any email messages, questions, comments, complaints or requests you send us
  • Information about you comments and posts on our Services
  • Detailed data on your use, engagement and activities within our Services
  • Your geographic location
  • Your IP address or device ID information
  • The date and time you accessed our Services, the hardware, software or internet browser you used to access our Sites, and information about your computer’s operating system, such as application versions, device ID and your language settings
  • Information about which pages have been shown to you, site navigation details and links on our Services that you follow
  • Information you submit to our Services in connection with sweepstakes, contests, surveys and other promotions offered by us
  • Information, including images, voice and videos, contained in posts you make on our Services on publicly accessible websites, blogs, mobile applications and/or community forums
  • Information about your likes, dislikes and other activity
  • Your wallet and other similiar information
  • Your payment information such as credit card number, bank account number and other details; and
  • Information you provide to us during customer services and sales interactions via email, our Services or via phone

Cookie Notice:

Cookies, JSON Web Tokens and clear GIFs

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. JSON web tokens, or JWT tokens, are authentication confirmations that are used to authenticate a user. We use both session ID cookies and persistent cookies, as well as JWT tokens on our Services. Session ID cookies expire when you close your browser. Persistent cookies remain on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. Cookies provide us with information on your use of our Services, including the time and length of your visit, the content you look at on our Services, the website you visited just before coming to ours, and the name of your Internet service provider. We use session cookies and tokens to make it easier for you to navigate our Services. We use persistent cookies and tokens to store your username, so you don’t have to enter it more than once, and to track and target your interests, to evaluate the performance of our Services, and to tailor promotions and other marketing messages to you and enhance your experience on our Services. Our partners may also use cookies on your devices to collect information about your internet activity.

You can reject cookies by adjusting the preference settings in your browser. If you reject our cookies, you may not be able to take full advantage of certain features available on our Services, such as contests and surveys.

Clear gifs (also known as tracking pixels or web beacons) are tiny graphics with a unique identifier, similar in function to cookies. They are used to track the online movements of users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence.

We, our partners and our service providers use clear gifs to help us better manage content on our Services, by informing us what content is effective, and to gauge the effectiveness of certain communications and marketing campaigns. For instance, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients and to allow us to serve you related advertising on the Internet.

We, our partners and service providers also use other similar technologies on your mobile devices to track your interest, session information and to personalise your experience including delivery of targeted ads.

To manage the settings of cookies and other such tracking technologies, you can use your browser or device settings to turn-on and turn-off certain tracking technologies.

How We Use Personal Information

We use your personal information for the following purposes, including:

  • allowing you to earn, redeem, track, manage and access your $BNRY and miles on our Services;
  • Allowing you to gather and view your travel information on our Services
  • Providing Services such as games and engagement tools, products and communications via our Services
  • Processing transactions that you have submitted to us and displaying your account history to you
  • Acknowledging your comments and/or replying to your questions, complaints and requests
  • Posting reels, pictures, videos and voice recordings that you distribute via our Services
  • Communicating with you and providing you with information on and direct marketing of special offers or promotions (including sweepstakes and contests) that we believe may be of interest to you
  • Serving advertisements to you in various marketing channels, including but not limited to social media, search engines, mobile apps, and various websites including our own Services
  • Notifying you of offers of products and services that may be of interest to you
  • For market research. We sometimes ask our customers to take part in market research. Any additional personal details that you give us as part of the market research will be used only with your consent
  • For profiling and analytical purposes, including marketing and website analytics, in order to optimise and customise our Services to your needs, provide our partners insights into your usage of our Services. We and our partners also use information to market product and services to you
  • To provide customer service
  • For improved service, when you make calls to our customer service team an automated telephone number detection system to relate your telephone number to your existing reservations
  • Communicating with you by email, mail, chat and phone to handle any requests you made relating to any products or services your have purchased
  • Improving the performance and utility of our services including creating profiles on you to help us and our partners better serve you with compelling services and products
  • Generally managing and administering our business
  • Preventing and prosecuting fraud and/or credit risk
  • Providing you wallet related services such as transactions
  • Providing you services and payments as investor, shareholder or any other business relationship with us
  • Meeting legal, audit, compliance and regulatory requirements
  • Optimising our operations and Services

Who We Disclose Personal Information To

We disclose your personal information to third parties such as :

  • From one TBH Affiliate to another TBH Affiliate to allow TBH Affiliates to offer their products and Services to you
  • To our partners and other third party suppliers, as necessary to provide you with Services that you have requested or to fulfil the transactions you have submitted
  • To third party companies and contractors that provide us with services in the conduct of our business (“service providers”), such as payment processing services, information technology services for our software applications, advertising, marketing and survey services and other essential similar services, but only as necessary for those service providers to provide services to us
  • To third parties as we deem necessary or appropriate to prevent, limit or otherwise prosecute fraud
  • As necessary to meet legal and regulatory requirements
  • For reporting, analytics and information delivery
  • For advertising and marketing purposes to our partners
  • Any other circumstance in which you provide consent to disclose.

Service Providers

All TBH service providers are contractually bound to keep your information secure. Our service providers can use, store and disclose your personal information solely for purposes for which it is disclosed to them (to provide us with services).

When you provide personal information to us, we may be required, in order to provide you with Services, to provide that personal information to our partners and other third parties, such as hotels, airlines, telco companies, gaming apps and other partners that participate in our ecosystem and who provide services accessed through our Sites. Those companies are not contractually bound to comply with the TBH Privacy Policy. Our partners and other third parties use and disclose your personal information according to their own policies and for their own purposes. We encourage you to read our partners’ privacy policies before obtaining their products or services through our Services. In addition, in some circumstances, TBH is not collecting your personal information for TBH use, but instead is acting as a service provider or data processor to one of our partners. In those circumstances, your personal information is governed by the privacy policy of the Partner.

Business Transfer. We may disclose, transfer, or assign to our affiliates, or to one or more third parties, the information collected about you in the event that we sell or transfer (or contemplate the sale or transfer of) all or a portion of the assets or business of TBH, including as part of an actual or contemplated merger, acquisition or joint venture. In the unlikely event of our bankruptcy, insolvency, reorganisation, receivership, liquidation, divestiture, dissolution or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may transfer your personal information to a successor or to a third party that purchases our assets arising from such circumstances. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy.

International Data Transfers

TBH, our Partners and our service providers are located in various jurisdictions including, among others, Southeast Asia, the United States and the European Union. As a result, your personal information may be stored, processed or transferred into or out of these countries. The data protection laws in these countries may be different to those in your country and your information may be subject to access by the regulatory authorities in, and to the laws of, those other jurisdictions. You agree to transfer your personal information to countries outside of your country.

Security Measures

We take reasonable measures, including administrative, physical and technical safeguards, to protect your information from loss, theft, misuse, unauthorised access, disclosure, alteration and destruction. Nevertheless, TBH cannot absolutely guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that your personal information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate and required under the law, notify you and take other steps in accordance with applicable laws or regulations. Remember that email sent over the Internet is generally unencrypted and transmitted in clear text. We recommend that you use caution when forwarding free-format email messages to us and that you do not include confidential information (such as unique user IDs, passwords or personally identifiable information) in those messages. Confidential information should be transmitted to us through other secure methods such as by telephone.

Data Retention

We will retain your personal information for as long as

  • Your account is active
  • Your personal information is needed and is useful to provide you Services
  • It is necessary to meet legal, regulatory, insurance and audit requirements.

How to Exercise Your Rights under the Privacy Laws

Accuracy of Your Personal Information

We will use commercially reasonable efforts to ensure that your personal information is correct, complete and up-to-date to the extent we are notified of any changes by you. You can review and update your personal information on our Services. You can assist by keeping us informed of any changes, or informing us if you find any errors in our information about you. If we have disclosed inaccurate information about you to a third party that you are aware of, we would be pleased to contact the third party in order to correct the information upon your request.

Your Rights with Respect to Your Personal Information

Right to Access:
You are entitled to be informed or and have access to any of your personal information in our custody or control. Upon written request to our Privacy Officer as noted at the bottom of this page, we will provide you with your personal information under our custody or control, as well as information regarding how your personal information is being used and the types or identity of any third party(s) to whom that information has been disclosed. Please note that we may not be able to provide access to personal information in certain circumstances, such as if the personal information was collected for the purposes of an investigation, if disclosure would reveal the personal information of a third party, or if prohibited by law. To protect your privacy and security, we may take reasonable steps to verify your identity prior to providing such access.

Right to Correct:
We will use commercially reasonable efforts to ensure that your personal information is correct, complete and up-to-date to the extent we are notified of any changes by you. You can review and update your personal information on our Services. You can assist by keeping us informed of any changes, or informing us if you find any errors in our information about you. If we have disclosed inaccurate information about you to a third party that you are aware of, we would be pleased to contact the third party in order to correct the information upon your request.

If you wish to change any of your personal information we have on file in our records, other than that available to you and capable of being modified through the Services, you may contact our Privacy Officer as noted at the bottom of this page. To protect your privacy and security, we may take reasonable steps to verify your identity prior to making corrections.

Right To Erasure or Deletion:
You can delete your personal information within our Services. If you wish to delete personal information and that is not possible via our Services, you may contact our Privacy Officer as noted at the bottom of this page. To protect your privacy and security, we may take reasonable steps to verify your identity prior to making deletion.

Data Portability:
You have the right to request that personal data that you have provided to us be returned to you, or be provided to another third party of your choice, in a structured, commonly used and machine-readable format. you may contact our Privacy Officer as noted at the bottom of this page. To protect your privacy and security, we may take reasonable steps to verify your identity prior to making deletion.

Opt-out of Direct Marketing:
You may elect to “opt out” of direct marketing activities. Accordingly, we may rely on your consent permitting us to process your information in accordance with this Privacy Policy for direct marketing, including profiling for direct marketing, unless you take affirmative action to opt out of such processing. You may opt out at any time by contacting the Privacy Officer using opt-out in our Services or by using the opt-out link in the email.

Other Rights that may be available to your under local law:
If there is another right that is available to you under local law, you may contact our Privacy Officer as noted at the bottom of this page. To protect your privacy and security, we may take reasonable steps to verify your identity prior to fulfilling your request.

Contact:

For any questions, complaints or requests, please contact:

Privacy Officer/Data Protection Officer
The Binary Holdings (Thailand) Co LTD

privacy@thebinaryholdings.com

Unit 702-703, 7th Floor, T Place Building, 150 Thong Lo, Khlong Tan Nuea, Watthana, Bangkok 10110, Kingdom of Thailand.

Revision of Policy

This Privacy Policy may be revised from time to time and we have the right to do so without notice. This Privacy Policy will become effective once posted. Your continued use or visit of our Services or failure to cancel your account on our Services shall constitute your acceptance of the revised policy. We encourage you to periodically review this page for the latest information on our privacy practices.