Privacy Notice

“Personal Data (General)” means any information relating to a person which enables the identification of that person, whether directly or indirectly, but not including the information of deceased persons in particular.

“Sensitive Personal Data” means personal data concerning racial or ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data (such as voice identity data), or any other data which affects the data subject in the same manner, as prescribed by notification of the Committee.

“Processing” means any act relating to the collection, use, disclosure, deletion or destruction of personal data.

“Avatar” means an artificial intelligence model created from image, sound, video or other data of a person, in order to create or simulate the characteristics, appearance, voice, movement or expression of that person. In this Privacy Notice, “Avatar” means only an Avatar created from your personal data entered into the System, even though the definition of “Avatar” in clause 1.7 of the Terms and Conditions of Service also covers the ready-made Avatars that the Service Provider provides in the Avatar Library. Where such a ready-made Avatar was created from your personal data, that Avatar is likewise subject to this Privacy Notice.

“Input Data” means the data, images, video, audio, text, typed prompts (Prompt) or any data that the User enters into the System.

“Output” means the result that the AI system generates from the Input Data entered into the System by the User.

“Third Party” means any natural person other than the User whose personal data, facial image, moving images or voice may be entered into the Platform system under that User's account.

We may collect personal data received directly from you through the registration of a User Account, through connection via external systems, or from your use of the Platform system. The categories of personal data collected are as follows:

• Identification data: the User Account that you choose to connect in order to register and sign in to the System, at present a Google Account (Gmail), or another account as determined by the Platform
• Contact data: the data linked to the connected account or that you provide in addition, such as telephone number and email
• Account usage data: the history of package purchases, the entire history of your use of the System, and the transaction history within the Platform
• Technical and usage data: the usage history of the Clonechan Platform, IP address (IP Address), device data, cookies (Cookies) and Log Files arising from processing
• Biometric data and multimedia data: audio recording files, which are biometric data, together with images and video, as well as prompts (Prompt Text) that you enter into the System in order to create an Avatar model specifically in accordance with your instructions
• Other personal data: any data that is deemed personal data under the personal data protection law and that you have provided to us during your use of the System

Where the User inputs data (such as images, sound, video or text) into the Platform system which may contain personal data of “Third Parties”, the User represents and accepts the following provisions:

• (a) The User represents that you have the lawful right, and have obtained lawful consent from that Third Party or data subject, to enter such personal data into the System for use in creating an Avatar model in accordance with your instructions
• (b) The User shall act as the data controller and is solely responsible for the lawfulness of the processing of the data of such Third Party. If any claim of rights or any legal action arises from that Third Party, the Platform shall have the right to suspend the provision of the Services and to delete such data from the System immediately, and we bear no responsibility whatsoever

For your use of the Clonechan Platform, it is necessary for us to collect, use and disclose your personal data so that we are able to provide this Platform to you in accordance with the terms and conditions of use. The Platform may process your personal data under the following legal bases:

• Contractual basis: to verify identity and to provide the Services under the contract, where the User wishes to use the various types of services set out in this Clonechan Platform, such as subscription, management of the User Account, payment, and use of the System to create multimedia, simulated video and voice, and the like
• Consent basis: to collect, use and process sensitive personal data, namely biometric data from audio files entered into the System, including prompts (Prompt), in order to create a model of a person by means of artificial intelligence technology (Avatar), and to process and modify voice identity so as to translate or pronounce various languages in accordance with typed instructions, or your consent for the development or improvement, testing and training of the AI system in a form appropriate under the law
• Legitimate interests basis: to improve the efficiency of the provision of the Services, to enhance the stability of the artificial intelligence system, or to create the overall usage experience by way of statistical processing that cannot identify you, and to examine the information technology security structure in accordance with the Terms and Conditions of Service
• Legal obligation basis: to perform duties as required by law, or to comply with court orders, orders of inquiry officials, or the rules of the competent government agencies
• Other bases permitted by law (if any)

The purposes for which we may or will collect, use, disclose or otherwise handle your personal data depend on the various circumstances, and such purposes may not be stated in the provisions above. However, we will inform you of those purposes when we obtain your consent for such action, except where the law permits us to handle your personal data without first obtaining your consent.

Your personal data collected and used by this Clonechan Platform may be disclosed to the following persons or agencies to the extent necessary:

• Business partners and third-party service providers: the Company may disclose your personal data (such as account data or transaction data) to business partners bound by contract with the Company, for the benefit of its operations and of supporting the provision of the Services to you, for example, payment gateway providers (Payment Gateway Providers), to process payment of package fees, usage charges or package credit top-ups; the Company's auditors or internal auditors, for the benefit of auditing the financial statements, examining the internal control system, and the Company's compliance with financial reporting standards and the law; professional advisers such as legal advisers, lawyers or legal advisers, for the enforcement of contractual rights, defending legal proceedings, or compliance with the law, and the like
• External data processors: cloud infrastructure providers, both in Thailand and abroad, for the secure storage of data; providers of artificial intelligence model processing and computation systems
• Information system administrators, system engineers and developers of the Platform, including user support and user care staff, and the like
• Law enforcement agencies and state officials under the law: courts, inquiry officials, police officers, or government agencies having duties and powers under the law, summonses, or lawful written orders, for the benefit of investigation, inquiry or suppression of offences, and the like
• Other third parties in accordance with your consent or your instructions (if any)

Because the artificial intelligence processing system of the Clonechan Platform must rely on technological infrastructure and high-performance processing, the Company needs to send or transfer your personal data to third parties or servers (Server) that are service providers located abroad, namely cloud infrastructure service providers and providers of artificial intelligence model processing systems abroad.

However, in transferring data to the destination country, the Company will select cloud services and international processing service providers that have adequate personal data protection standards and that comply with the criteria prescribed by notification of the Personal Data Protection Committee.

Furthermore, by your use of this Clonechan Platform, the Company deems that you have acknowledged and given consent to the Company to send or transfer such personal data to the group of service providers abroad described above, so that the Company can process and deliver the Services to you at full efficiency in accordance with the Agreement.

Your personal data will be retained for as long as necessary to achieve the purposes specified in this Privacy Notice, and such data storage shall be in accordance with the criteria prescribed in the Computer-Related Crime Act B.E. 2550 (2007). User Account data will be retained throughout the period in which the User Account remains active, until you delete the User Account. We may, however, continue to store your data for a further period as necessary for lawful business purposes or to comply with the law, as the case may be.

As a data subject, you have the following rights, to the extent permitted by law:

• 1. The right to request access to your personal data that we hold, and to request that we provide a copy of that personal data to you
• 2. The right to request rectification of your personal data so that it is accurate, up to date and complete
• 3. The right to request erasure of your personal data when it is no longer necessary. However, we may continue to process your personal data if we have another basis for processing your personal data
• 4. The right to object to the processing of your personal data that we process for marketing purposes and for any other purposes permitted by law
• 5. The right to data portability of your personal data to another person
• 6. The right to request restriction of the processing of your personal data, such as where you wish us to rectify your personal data, or where you request that we prove the grounds or the legal basis for processing your personal data
• 7. The right to withdraw consent in respect of your personal data, in the case of processing of personal data for which we have obtained your consent. However, we may continue to process your personal data if we have another basis for processing your personal data
• 8. The right to lodge a complaint: you have the right to lodge a complaint with the Office of the Personal Data Protection Committee in the event that we breach or fail to comply with the Personal Data Protection Act

To exercise your rights as set out above, you may contact us using our contact details under the heading “Contact Channels” as specified in Section 12 of this Privacy Notice.

We use cookies and other similar tracking technologies to store information about visits to and use of the Platform, to help us provide services that are better, faster and more secure, and for your privacy. To disable these cookies, you may adjust the settings on your device.

You can view the list of cookies we use on the “Cookie Policy” page and change your consent settings at any time through the “Cookie settings” link at the foot of every page of the website.

The data stored by us will be stored securely. We have put in place appropriate security measures for personal data, consistent with maintaining the confidentiality of personal data, in order to prevent the loss, access, destruction, use, alteration, amendment or disclosure of personal data without right or unlawfully, in accordance with data security standards, which include data encryption, cyberattack protection systems, and the restriction of data access rights to authorized personnel only, as necessary.

The terms and conditions of this Privacy Notice are subject to the applicable law of Thailand.

If you have any questions, or wish to contact us to exercise any of the rights of the data subject, or if you have any complaint, you may contact us through the following contact channels.

• Email: clonechanai@gmail.com

We may update, change or amend this Privacy Notice in whole or in part in the future, as appropriate and in accordance with the law. Any such update, change or amendment will be announced to you through appropriate channels.