- The Esso Smiles Driver Rewards Program ("Program") is proprietary to Esso (Thailand) Public Company Limited ("Esso") where acceptance of any person(s) to the Program shall be subject to the approval of Esso and once accepted by Esso, participation by any such person ("Cardmember") in the Program shall be subject to the following terms and conditions which may be amended from time to time by Esso without prior notice to Cardmember. The Program is open only to Thai residents and shall only be valid within Thailand ("Territory") at participating Esso branded service stations ("Service Stations") situated within such Territory.
- The Program and any terms and conditions, as amended from time to time, shall be governed by the laws of the Territory and both Cardmember and Esso agree to submit to the exclusive jurisdiction of the courts of the Territory.
- Any person desiring to become a Cardmember can request for an Esso Smiles application form at Service Stations and must complete and submit such application in the form prescribed by Esso at Service Station, or subscribe via Esso Smiles web site (www.essosmiles.com/th-en) (“Site”) or via Esso LINE Official Account through Esso Smiles Connect (“Esso Smiles Connect”) and shall be issued with a Esso Smiles Card ("Card"), without charge, the use of which shall at all times be subject to the Program's terms and conditions, as amended from time to time. Applicants for the Card must be 18 years of age or over. The applicant, who is 18 years of age or over and not sui juris, is required to obtain consent from his/her legal guardian in applying for the Program.
- The Card is a privilege card, not a credit card or charge card and is non-transferable. The use of the Card is solely restricted to the person to whom the Card is issued and for use with the Program only. The Card cannot be used for making purchases at the Service Stations and all such purchases are to be made separately by cash or credit cards at the cashier of the Service Stations. All of the privileges under the Card cannot be transferred to any other Cardmembers.
- The Cardmember warrants and represents that the details and particulars contained in the application form, or Site/ Esso Smiles Connect registration referred to in Clause 3 above shall be true and correct. Upon receipt of the Card, the Cardmember may commence using the Card for Qualifying Purchases for the purposes of accumulating points under the Program, subject to the Program's terms and conditions, as amended from time to time.
- The Cardmember must notify Esso promptly by filling out the customer request form at Service Stations or self-update via Site or Esso Smiles Connect referred in Clause 3 of any changes to his/her details and/or particulars submitted to Esso or stated in his/her application form or Site or Esso Smiles Connect. Alternatively, any changes not in mandatory fields can be notified by Cardmembers via call to Esso Smiles Customer Service Centre at 02-631-9999 during 9.00-18.00 (Monday–Saturday). Esso shall not be liable for any claims, demands, liabilities or actions arising out of or in connection with the Program or the use of the Card where such claims, demands, liabilities or actions would not have arisen but for the Cardmember's failure to notify Esso of such changes.
- The Card shall at all times remains the property of Esso and must be surrendered to Esso immediately upon request. Esso may, at its absolute discretion, terminate the membership or Program or the use of the Card at any time without notice or reason.
- Lost, damaged or defective Cards must be reported immediately to the Esso Smiles Customer Service Centre at 02-631-9999 during 9.00-18.00 (Monday–Saturday). If a Card is lost, Esso may at its absolute discretion issue a replacement Card at a fee and any delivery charges incurred shall be charged to the Cardmember. Where a Card is damaged or is defective, a replacement Card will be issued, at Esso's absolute discretion, to the Cardmember. Upon notification of loss, damage or defect, any points resident in the lost, damaged or defective Card may, at Esso's absolute discretion, be credited to the replacement Card. Esso shall not be held liable for the loss of any points due to Card loss, damage or defect. Any fees and/or charges payable by the Cardmember in accordance with this Clause or with any other provisions herein may, at Esso's absolute discretion, be paid by way of deduction of such points as are representative of the said fees and/or charges, as determined by Esso from time to time, from the points accumulated by the Cardmember.
- A Cardmember may at any time terminate his/her membership by informing the Esso Smiles Customer Service Centre at 02-631-9999 during 9.00-18.00 (Monday–Saturday). In such an event, Esso shall not be responsible or liable for any unredeemed points, which shall be automatically forfeited upon such termination by Cardmember without notice to the Cardmember.
- Use of the Card by the Cardmember shall constitute acceptance of the Program's terms and conditions, as amended from time to time.
- Every Cardmember is entitled to one Card only except in case of Clause 8. Esso, at its own discretion, has the right to reject any application of or the issuing of Card to the person whom already registered as the Cardmember under the Program.
Accumulation of Esso Smiles Points
- Points shall be awarded to a Cardmember having possession of a valid Card by presenting it or informed registered mobile phone number to the cashier of the Service Stations for the purchases of such items as Esso shall designate from time to time in its absolute discretion ("Qualifying Purchases"). The Card or registered mobile phone number must be presented to the cashier before making the purchase, failing which, points will not be credited. Any purchase other than a Qualifying Purchase shall not be considered as Qualifying Purchases and shall not be awarded any points, unless otherwise notified by Esso.
- Esso may issue Bonus Esso Smiles Points from time to time to Cardmembers based on certain pre-determined purchase criteria. Bonus Esso Smiles Points shall be credited automatically into the qualifying Cards in the period defined by Esso.
- Esso reserves the right to determine, vary or change from time to time the type or quantum of Qualifying Purchases and the corresponding number of points or Bonus Esso Smiles Points to be awarded without prior notice or assigning any reasons whatsoever. Esso also reserves the right to impose restrictions, from time to time, in respect of the frequency and/or quantum, on the use of the Card and/or the number of points that can be accumulated on such Card in a single calendar day, week or month or such periods as Esso deems fit, notwithstanding the type or quantum of the Qualifying Purchases made.
- In the case where valid Qualifying Purchases were made but were not recorded or recorded incompletely, Cardmembers shall be required to provide the proof of purchase including original receipts for crediting points for such valid Qualifying Purchases. Esso reserves the right to accept or reject such proofs at its absolute discretion.
- Once the Card is credited with the points corresponding to the Qualifying Purchases, a transaction receipt prepared by the cashier at the Service Stations shall be issued to the Cardmember. Such transaction receipt shall serve as conclusive proof of the Qualifying Purchases made and the points accumulated thereon. The receipt shall contain details of the Qualifying Purchases, the points earned from such purchase and the points balance in the Card. No monthly statement shall be sent to the Cardmember.
- The points awarded and credited to the Card cannot be transferred, assigned to another Card or any other card issued by or on behalf of Esso or combined or aggregated with the points of such Card or card or otherwise dealt with except in accordance with the Program's terms and conditions, as amended from time to time.
- Points accumulated in the Card shall expire in the event the Cardmember does not make any Qualifying Purchase or earn any points within 12 months from the date the last points were awarded. In such event, the Card shall be cancelled and accumulated points shall be automatically forfeited at the absolute discretion of Esso and without notice to the Cardmember.
- Esso Fleet Card, discount coupon or other promotional transactions cannot earn points from the Program.
- A Cardmember who has accumulated sufficient points in his/her Card and is eligible, subject to meeting any conditions that Esso may impose, may redeem the same for such items ("Rewards") as Esso may designate from time to time at its absolute discretion, which Rewards shall be listed in the then current Rewards Redemption and shall be subject to the terms and conditions therein.
- The Cardmember may refer to the prevailing Rewards Redemption for items available for redemption specified under Clause 20, which shall be for the purpose of information only and shall not be construed as constituting any representation or warranty as to their availability. Further, Esso makes no representation or warranty with respect to any products and/or services featured in the Rewards Redemption. Without prejudice to the generality of the foregoing, Esso makes no warranty with respect to the quality of the Rewards or their suitability for any purpose. Esso shall not be liable nor responsible for any loss, damage, or defective Rewards and/or any event arising out of or from such Rewards. Where the Rewards are covered under any manufacturers' warranty, any disputes or claims shall be forwarded directly to the manufacturers concerned.
- Upon redemption of Rewards, the Cardmember's points recorded in his/her account will be debited by the corresponding number of points in accordance with the current Rewards Redemption where the points accumulated earliest shall be debited first.
- All redemption of Rewards shall be made to Esso on or before the relevant points' expiry date. Any accumulated points, which are not redeemed by the corresponding expiry date shall automatically expire from the Cardmember's account.
- All Rewards are subject to availability and Esso has the right to substitute the requested Rewards with other items of similar value in the event the requested Reward is out of stock or unavailable for whatever reason.
- Rewards in the prevailing Rewards Redemption is subject to availability and on a first-come-first-served basis. Rewards, once redeemed, cannot be revoked, exchanged, returned, refunded or used in conjunction with other promotional coupons or promotions. In any and all circumstances, any deduction of points from the Cardmember's account shall not be reversed.
- Notwithstanding any provision to the contrary, Esso reserves the right not to provide any replacement Rewards if in Esso's sole opinion the Reward is found to be damaged or rendered faulty due to the negligence or deliberate acts of the Cardmember.
- To the furthest extent permitted by law, Esso or its agents or representatives shall not be held liable for any death or injury or loss or damage of any nature (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) howsoever arising from the redemption, supply or use of the Rewards or from the loss, theft or destruction of the Rewards. All such claims shall be directed or forwarded to the suppliers, manufacturers and such appropriate parties concerned with the supply of the Rewards.
Notwithstanding any other provisions and without prejudice to any other rights and remedies stated herein, Esso reserves the right to deduct accumulated points from the Cardmember's account or refuse the redemption of any Rewards or to recall such redeemed Rewards under the following circumstances:
a. points are suspected to be fraudulently recorded or obtained;
b. any points erroneously awarded due to system glitches or any other reasons;
c. any points derived from any transaction, which has been cancelled, voided, refunded or reversed; and
d. any points derived from the purchase of inventory and stocks by a Cardmember who is appointed to operate, manage or work at a Service Station.
Esso has the right to determine and change from time to time:
a. the Rewards offered in the Program as listed in the Rewards Redemption or in any other documents; and
b. the qualifying points required for redemption of Rewards, without prior notice and assigning any reasons whatsoever.
- The Cardmember agrees that Esso may from time to time, without giving prior notice to the Cardmember vary, add or amend the terms and conditions herein set out. In the event the Cardmember is not agreeable to such variation, addition and/or amendments, the Cardmember shall terminate his/her membership by informing the Esso Smiles Customer Service Centre to the Esso Smiles Customer Service Centre at 02-631-9999 during 9.00-18.00 (Monday–Saturday) within 7 (seven) working days from the date of such variation, addition or amendment, failing which the Cardmember shall be deemed to have accepted the variation, addition and/or amendments of the terms and conditions herein.
- Esso reserves the right to, at its absolute discretion, invite or allow any other companies to participate in the Program and in such event to modify the Program and any of the terms and conditions provided herein or other agreements or documents relating to the Program, including the terms and conditions for redemption of Rewards.
Disclosure of information
- Esso may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in the prevailing Esso Smiles Driver Rewards Program Privacy Statement section 7 (DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES).
- If the Cardmember signs up for any other specific services related to the Program, Esso may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in any other specific notification issued in connection with such services, and such notification shall be deemed incorporated into these terms and conditions upon its issuance.
- The notifications mentioned in (32) and (33) above will be available on the Site.
- The Cardmember's participation in this Program is conditional upon his/her acceptance of Esso's collection, use and disclosure of his/her personal data in accordance with this Clause. By submitting an application for enrollment in the Program and/or using the Card, the Cardmember shall consent, to Esso's collection, use and disclosure of his/her personal data in accordance with this Clause.
Security of card
- The Cardmember shall take all necessary precautions and security measures to ensure the proper and valid use of the Card and to prevent the loss and damage of the Card.
Exclusion of liability
- The Cardmember assumes all risk and liability for loss, damage, or injury to the person or property of the Cardmember or others arising out of the Cardmember's participation in the Program and/or use or possession of the Card. To the furthest extent permitted by law, Esso shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) including but not limited to personal injury, death or loss of or damage to property suffered by the Cardmember arising out of and in connection with the Cardmember's participation in the Program and/or use or possession of the Card unless such loss or damage is caused directly by any wilful misconduct of Esso.
- Esso shall not be liable for any loss of accumulated points or loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered as a result of any defect or error in any machines or inability to retrieve any information or data from the computer system.
- Esso shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) caused to the Cardmember arising from any act or omission of the operator of any Service Station and/or Esso's appointed agents and contractors or suppliers including without limitation, any refusal to honour or accept the Card or any statement or other communication made in connection herewith or any defective or deficient goods or services supplied. Any dispute or claim the Cardmember may have with or against the operator of a Service Station and/or Esso's appointed agents and contractors or suppliers shall not affect the obligations of the Cardmember under these terms and conditions, as amended from time to time.
- All representations and warranties, whether express or implied and whether arising under any legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods and/or services supplied in relation to the Card are expressly excluded to the furthest extent permitted by law.
- Without prejudice to any other terms and conditions set out herein, any liability Esso may have to Cardmembers arising out of the use of the Card or the redemption of Rewards which cannot be excluded or which is not already provided herein is hereby limited, where permitted, to the reinstatement of such points or cost of such Rewards as Esso shall at its absolute discretion determine.
- Esso shall not be liable howsoever for any errors, delays, loss or damage, which may be directly or indirectly due to breakdown, failure of machinery or the processor; or industry dispute, war, acts of God, system failure and anything outside the reasonable control of Esso.
Esso shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered by the Cardmember due to the following reasons:
a. any delay or failure in replacing the Card;
b. any loss, theft or damage to any Rewards in the course of delivery or post;
c. any failure by the Rewards supplier to abide by the terms and conditions on which it has agreed to provide the Rewards;
d. any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card; and
e. any failure or omission to notify the Cardmember of any changes in the terms and conditions of the Program, Rewards Redemption, participating companies, Qualifying Purchases and points awarded for Qualifying Purchases.
- Any claims or disputes relating to the Program or the use of the Card shall be referred directly to Esso for decision, whose decision shall be final and binding on the Cardmember and Esso's records of all matters relating to the Program shall be conclusive and binding on the Cardmember.
- Esso reserves the right to withdraw or terminate the Program at any time without assigning any reasons therefore. Upon notification of the withdrawal or termination, the Cardmember shall have 1 (one) month from the date of the notification or such period as Esso shall state in such notice, to redeem accumulated points for available Rewards. Upon expiry of the aforesaid notice, the points remaining in the Cardmember's account shall be nullified and invalidated and Esso shall have no obligation or liability in respect of such points, by way of compensation or otherwise, to the Cardmember and the Cardmember shall have no further claim whatsoever against Esso.
- A notice shall be deemed to be given by Esso to a Cardmember if it is posted to the latest address of the Cardmember appearing in the Cardmember's records, the application form, registered account in the Site or Esso Smiles Connect submitted by the Cardmember or by way of a notice displayed at Service Stations.
- Notwithstanding anything in these terms and conditions, Esso's rights and entitlement under the Program's terms and conditions (as amended from time to time) shall continue to remain in full force and effect and shall survive any cancellation, revocation, termination or suspension of the Program, the use of the Card or the Cardmember's participation in the Program.
- In the event any term or condition of the Program is found to be invalid or unenforceable, whether by law or regulations or otherwise, such invalid or unenforceable provision shall be severed from the Program's terms and conditions and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the other terms or provisions of the Program which shall remain in full force and effect.
- The terms and conditions herein stated shall be in addition to and not in derogation of any specific agreement or arrangement with regard to the Program now or hereafter, and from time to time, subsisting between Esso and the Cardmember or any terms and conditions that may be specified in any written communication notified by Esso to the Cardmember from time to time.
- Any abuse or fraud with respect to points under the Program or redemption of Rewards will result in the cancellation of the Cardmember's participation in the Program, cancellation of the Card and revocation of points or return of redeemed Rewards (or its reasonable compensation thereto).
- Esso shall have the right to freely assign, at any time, to any affiliate or third party, these terms and conditions, the Program, the ownership of the Cards and/or the Cardmember's account in respect of the Program and/or any of its rights, obligations or liabilities hereunder, without the consent of the Cardmember.
- This term and conditions is made in both languages, Thai and English. In the event of any inconsistency, the Thai version is the original language and the English version is a translation for information purposes only. Then in case of any conflict, the Thai version will prevail and will therefore be the binding version.
This Esso Smiles Driver Rewards Program Privacy Statement (“Privacy Statement”) was last updated on 18 June, 2021.
The Protection of your Personal Data (as defined below) is important to us.
Esso (Thailand) Public Company Limited (“Esso”) appreciates your interest in connection with our Esso Smiles Driver Rewards Program (“Program”). Your privacy is important and we want you to understand our practices with respect to gathering and handling of Personal Data.
This Privacy Statement may be further complemented by other data privacy notices provided by Esso. We may provide an additional notice to inform you about the way in which we process such additional information.
This Privacy Statement describes the Processing (as defined below) of Personal Data pertaining to the Program by Esso established in Thailand.
We use certain defined terms in this Privacy Statement, as outlined below in Section 1, Defined Terms.
1. DEFINED TERMS
“Data Controller” means the natural or legal person which determines the purposes and means of the Processing of Personal Data. In the context of this Privacy Statement and the Program, Esso is the Data Controller.
“ExxonMobil” and/or “ExxonMobil affiliates” mean (a) Exxon Mobil Corporation or any parent of Exxon Mobil Corporation, (b) any company or partnership in which Exxon Mobil Corporation or any parent of Exxon Mobil Corporation now or hereafter, directly or indirectly (1) owns or (2) controls, more than fifty per cent (50%) of the ownership interest having the right to vote or appoint its directors or functional equivalents (“Affiliated Company”) and (c) any joint venture in which Exxon Mobil Corporations, any parent of Exxon Mobil Corporation or an Affiliated Company has day to day operational control.
“Processed” or “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject” or “Individual”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The Esso Smiles Driver Rewards Program ("Program") is proprietary to Esso where acceptance of any person(s) to the Program shall be subject to the approval of Esso and once accepted by Esso, participation by any such person ("Cardmember") in the Program shall be subject to the Program’s terms and conditions which may be amended from time to time by Esso without prior notice to Cardmember.
Activities of the Cardmembers within the Program may include, but are not limited to, Esso Smiles Card registration, Esso Smiles points earning through your participating fuel and non-fuel product purchase (Esso Smiles points earning from participating non-fuel product is exclusive for Esso Smiles card only), Esso Smiles points redemption, and Esso Smiles points conversion to our partner alliance (“Activities”).
Cardmembers may access the Program through participating Esso-branded service stations (“Service Stations”), this Website (“Site”), and Esso LINE Official Account through Esso Smiles Connect (“Esso Smiles Connect”).
2. IDENTITY OF DATA CONTROLLER
The Data Controller in respect of Personal Data collected for the Program is:
Esso (Thailand) Public Company Limited 3195/17-29 Rama 4 Road, Klong Ton
Klong Toey District, Bangkok 10110
3. INDIVIDUALS TO WHOM THIS PRIVACY STATEMENT IS ADDRESSED
This Privacy Statement is addressed to the visitors of the Site, users of Esso Smiles Connect and Cardmembers whose Personal Data is collected by the Data Controller listed in Section 2 above.
Personal Data of Children
If you are 18 years of age or over and not sui juris and wish to register in the Program, please provide your legal guardian's consent for registration and participation in the Program.
4. ESSO’S COMPLIANCE WITH DATA PROTECTION LAWS (LAWFUL BASIS FOR PROCESSING PERSONAL DATA)
Esso is committed to collecting and using Personal Data in a lawful manner.
Esso will ensure that its Processing of Personal Data is allowed under applicable data protection law. Depending on the situation, Esso can justify the Processing of Personal Data on various legal bases, which include:
- Esso’s legitimate business interest, for example but not limited to transaction inquiry, customer service support, and transaction security, unless such interests are overridden by the interests or fundamental rights and freedoms of the Individual, and/or
- the Processing is necessary for the performance of the Program to which the Individual is a party, and/or
- the Processing is necessary for compliance with a legal obligation to which Esso is subject, and/or
- the Individual has given consent to the Processing of his or her Personal Data for one or more specific purposes.
5. CATEGORIES OF PERSONAL DATA AND PURPOSES FOR DATA COLLECTION, PROCESS, AND USAGE
In this table we describe the categories of Personal Data that we gather from Cardmembers, visitors to the Site and users of Esso Smiles Connect as well as the purpose of processing for which we use the information.
Purpose of Processing
Categories of Personal Data
Creating and maintaining the Cardmember’s Smiles account and managing his/her continued participation in the Program as well as other reasonable purposes relating to the Program.
Contact details for example but not limited to names, citizen ID or passport number, date of birth, addresses, e-mail addresses, and telephone numbers.
Verifying the Cardmember’s identity and eligibility to participate in the Program.
Providing the Cardmember with services and benefits under the Program.
Contacting the Cardmember about his/her Smiles account and suspension/termination of the Program and details of any replacement program (if applicable);
Providing the Cardmember with customer service generally or other services requested by the Cardmember
Contact details for example but not limited to names, citizen ID or passport number, date of birth, addresses, e-mail addresses, and telephone numbers, content of your request/ feedback and other Personal data you may provide.
Statistical analysis for design and administration of the Program and market research purposes (including, but not limited to, customer profiling purposes);
Number of visits to the Site; which parts of the Site visitors select. Number of visit to Esso Smiles Connect; which menu visitors select.
Any of the Personal Data referred to in this notice, provided the information is appropriately pseudonymized or anonymized, as required under applicable law.
IP address (the Internet address assigned to your computer from your Internet Service Provider), device type, domain type, browser type (e.g., Firefox, Chrome or Internet Explorer), and date and time of day, and LINE Unique Identity (LINE UID) assigned to your LINE account.
Contact details for example but not limited to geolocation of your computer or mobile device, names, citizen ID or passport number, date of birth, addresses, e-mail addresses, telephone numbers, and transactional data.
Any of the Personal Data or content of your feedback that you voluntarily provide about your experience of our Program, products or services at Esso service station.
Developing general enhancements to the Program, improving services at Esso service station or other benefits and services provided by Esso or dealers to its Cardmember and other customers (including, but not limited to, customer surveys, marketing surveys).
Devising promotions (for fuel and non-fuel products) for its customers generally or specifically for some or all of its Cardmembers.
Providing the route to Service Stations.
Geolocation of your computer or mobile device.
When Esso relies on the Individual’s consent as a legal basis to Process the Personal Data, Cardmember can withdraw their consent at any time, for the future. Cardmember who wish to withdraw their consent, should notify us at Esso Smiles Customer Service Centre 02-631-9999 during 9.00 – 18.00 (Monday – Saturday) or self-withdraw through Site, or Esso Smiles Connect, or submit the Esso Smiles Customer Request form at Service Stations (submitting Customer Request form at Service Stations is for Esso Smiles Card only) and we will take steps to stop the Processing of your Personal Data as soon as reasonably possible.
6. INFORMATION PLACED ON YOUR COMPUTER AND MOBILE DEVICE (“COOKIE”)
Note that some of the services may not be available if you fail to provide the Personal Data necessary to deliver them.
Furthermore, this Site and Esso Smiles Connect have link to sites that Esso does not own, control or maintain. We cannot be responsible for their privacy policies and practices and we make no representations or warranties about the privacy practices of those sites. Similarly, we cannot be responsible for the policies and practices of any site from which you linked to our Site and Esso Smiles Connect. We recommend that you review the privacy statement of other sites carefully and contact the operator if you have concerns or questions.
7. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
Esso employs other companies and persons to perform functions on our behalf. They have access to Personal Data needed to perform their functions, but shall not use it for other purposes. Communicating via the Internet and sending information, products, services, and promotions to you by other means necessarily involves your Personal Data passing through or being handled by third-parties.
For the purpose of the administration of the Program and the Personal Data collected through Service Stations, Site, and Esso Smiles Connect, Esso shares and/or transfers your Personal Data with other companies and individuals to perform functions on our behalf, including creating and maintaining the Cardmember’s Smiles account, managing his/her continued participation in the Program, providing customers service, analyzing data and researching marketing purposes, providing data storage/processing, providing marketing or telemarketing assistance or other services to Esso. They have access to your Personal Data needed to perform their functions, but may not use it for other purposes.
Before any Personal Data is shared with service providers, please rest assure that we enter into a written agreement which requires them: (1) not to make any unauthorized further disclosures of the Personal Data; (2) to use the Personal Data only for the specified purposes and only according to the instructions received from Esso; (3) to retain the Personal Data only as long as necessary to carry out these purposes or to protect company interests (please see details in Section 12); and (4) to have in place adequate and appropriate security measures.
In some circumstances, Esso will have to disclose Personal Data to other third parties, including competent authorities, legal advisors, operators of Esso-branded fuel stations, and other business partners who process the Personal Data on their behalf, for instance if such transfer is required by law or legal process, in order to defend Esso's rights or to adequately handle individuals' complaints and requests.
If Personal Data is shared with a third party or an ExxonMobil affiliate outside Thailand, the conditions regarding data transfers, see Section 8 below, apply in addition to the requirements of this section.
8. TRANSFERS OF PERSONAL DATA
Esso may obtain the Personal Data from, and/or provide or transfer the Personal Data to, the operator(s) of the participating Service Stations, its Affiliates and third parties that provide (whether directly or otherwise) administrative, business and operational support or marketing, research, data storage/processing, telemarketing, telecommunications, IT, payment or other services to Esso and its Affiliates (collectively, “Specified Third Parties”) in connection with the purposes stated in Section 5 above within or outside Thailand.
8.1 International Transfers between affiliates
Esso may transfer some or all of the Personal Data to servers of ExxonMobil located worldwide and will make that Personal Data accessible to other ExxonMobil affiliates, some of which are located in third countries that may not be regarded as providing an adequate level of protection of the Personal Data, in accordance with applicable law.
The transfer of Personal Data from Thailand to recipients located outside Thailand is subject to restrictions. Esso has taken steps so that Personal Data receives an adequate level of data protection at all ExxonMobil locations.
8.2 International Transfers to third parties
When transferring Personal Data to third parties, Esso puts in place safeguards to ensure that the third party adequately protects the Personal Data. These safeguards may include, as appropriate, (1.) contractual safeguards imposed on the third party which is contracted by Esso, and (2.) protections available under local law for the third party established in a country deemed adequate by same standard as in Thailand Personal Data Protection Act.
For more information about specific transfer mechanisms used for transfers between affiliates and transfers to third parties, including information on and a copy of any of the existing safeguards implemented by Esso in order to ensure that Personal Data is Processed within an adequate framework, please contact Data Controller as detail in Section 2.
9. ACCURACY OF PERSONAL DATA
Esso endeavors to keep Personal Data that it collects as accurate, complete and current taking into account the purposes of Program for which it was collected and is being used. Esso relies on Data Subjects to maintain the accuracy and completeness of the Personal Data and so you should inform Esso if your personal details change.
10. SECURITY AND CONFIDENTIALITY
Esso maintains appropriate administrative, technical and physical safeguards designed to protect Personal Data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, use, and all other unlawful forms of Processing of Personal Data in our Program.
11. RIGHTS TO ACCESS TO AND RECTIFICATION, ERASURE, AND DATA PORTABILITY OF PERSONAL DATA, AND RIGHTS TO CONSENT WITHDRAWAL FOR, RESTRICTION OF, AND OBJECTION TO THE PROCESSING OF PERSONAL DATA
Applicable law may give you the right to know how Esso Processes your Personal Data, and to access your Personal Data held by Esso. Such rights exist under Thailand Personal Data Protection Act. Furthermore, you also have the right to: withdraw your consent, should you wish to revoke consent; have inaccurate or incomplete Personal Data rectified; restrict the Processing of your Personal Data, under certain circumstances; object to the Processing operations, having regard to the given circumstances and for reasons related to their particular situation; or have Personal Data erased when such data is no longer necessary for the purposes for which it has been collected, in accordance with applicable law.
In some circumstances, you also have a right to request the portability of your Personal Data, which will allow you to obtain and reuse your Personal Data for your own purposes across different services without hindrance to usability.
For more information about the specific mechanism available in order to exercise the aforementioned rights, please contact Esso Smiles Customer Service Centre at 02-631-9999 during 9.00 – 18.00 (Monday – Saturday).
12. RECORDS RETENTION
Esso will retain Personal Data as long as necessary to meet the purposes of the Program for which the data was collected.
Esso will delete Cardmember’s Personal Data or anonymize them to make it unidentifiable:
- Without undue delay upon Cardmember’s request to delete account profile or terminate membership; or
Within 3 months from the last interaction with Esso. The last transaction with Esso means one of the following activities:
- No fuel purchase by using Esso Smiles Card for consecutive 36 months.
- No loyalty point transfer from any partner to Esso Smiles point for consecutive 36 months.
- No activity gaining Esso Smiles point for consecutive 36 months.
In all cases, Esso may retain Cardmember’s Personal Data for longer period to ensure compliance with applicable laws (e.g. statute of limitations periods), or regulations reason to do so or to protect legitimate company interests.
We also require the same practice from the Specified Third Parties who may be located within or outside of Thailand who are assisting us in providing services to our customers.
13. AUTOMATED DECISION-MAKING
Esso does not use automated decision-making unless this is (1.) necessary for entering into, or performance of, a contract between the Individual and ExxonMobil and its affiliates, (2.) permitted or required by law, or (3.) based on the Individual’s explicit consent.
Automated decision-making means a decision that produces legal effects concerning an Individual or significantly affects the Individual and which is based solely on automated Processing (i.e. no human intervention in the process of decision-making) of Personal Data intended to evaluate certain personal aspects relating to the Individual. Moreover, Esso shall implement suitable measures to safeguard the Individual’s rights and freedoms and legitimate interests.
14. QUESTIONS AND COMPLAINTS
Esso is committed to protecting your Personal Data as described in this Privacy Statement and as required by Thailand Personal Data Protection Act. If you have any questions about this statement or about Esso’s handling of your Personal Data, or if you would like to request additional information on the Personal Data Esso holds about you or learn about and exercise your rights with respect to your Personal Data, you can contact our Esso Smiles Customer Service Centre at 02-631-9999 during 9.00 – 18.00 (Monday – Saturday).
Alternatively, you may write to:
Thailand Data Privacy Office
Esso (Thailand) Public Company Limited
3195/17-29 Rama 4 Road, Klong Ton
Klong Toey District, Bangkok 10110
15. CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to change this Privacy Statement at any time without notice. When we make material changes to this Privacy Statement, we will post the changes on this page and update the revision date at the top of the Privacy Statement. We encourage you to review our Privacy Statement regularly for updates.