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Kamala Falls

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Kamala Sea View is designed to incorporate both long-term residential facilities and amenities together with shorter term requirements of the traditional holiday resort. The resort consists of 109 condominium apartments of mixed size and layout and enjoys sea views and a magnificent 100 m. long swimming pool divided by cascading walk through curtain waterfalls. Perfect for living or generating excellent returns as an investment property.

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103

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Lotus Trinity Co.,Ltd.

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Terms & Conditions

1. Introduction

Welcome to www.plus.co.th ("Website") This website has been operated Plus Property Limited (the "Company") to provide information on the details of residential projects including condominiums, detached houses, townhouses, commercial buildings, other projects that are for resale and rent by Plus Property including services of the Company, its subsidiaries, joint venture and/or its partner of the Company ("Affiliates"), including to search for products and services, check out the latest news and promotions. ("Products and Services"), as well as any action taken on Products and Services through the Website. The website will be constantly updated and may use the software to collect information about the user's behavior for the purposes of improving the Website to reach target group. Before you use this Website, you must carefully read the Terms and Conditions and the Privacy Policy of this Website. If you do not accept these terms and conditions and Privacy Policy in this website fully or partially, we would like you to stop using this website immediately. Your continued use of website will indicate your agreement with the Company’s Terms and Conditions and Privacy Policy.

2. Purposes

The purpose of the Terms and Conditions is to establish the rights and obligations between you and the Company and steps for using the Website. You access to this Website will signify your acceptance to bind and comply with the Terms and Conditions. However, the Company may change the Terms and Conditions of the services at any time at its discretion.

3. Intellectual Property

3.1 You agree and acknowledge that all information, text, images, sounds, logos and/or any portion of this website, including but not limited to, copyright, trademark, service mark, trade names, databases, trade secret, patents, business know-how, business data, etc., appearing on the website are the sole intellectual property rights of the Company. 3.2 Unless specified otherwise, any intellectual property that the Company has made or used on the Website, the Company has the exclusive right to use or authorize the use of such intellectual property. You agree not to copy, reproduce, modify, adapt, create derivative works based upon, license, or otherwise infringe any intellectual property right of the Company. 3.3 The breach of this Agreement shall be deemed the significant breach of the Terms and Conditions. The Company has the right to claim damages from you immediately.

4. Your rights and duties

4.1 You will use this website as only allowed by the Terms and Conditions of the Company. Your use of such material shall not be contrary to applicable laws, rules, regulations or general practices. 4.2 You shall not access or attempt to access any of the services by other methods including the use of automated methods, such as the use of scripts. (A set of instructions or computer language to access the system) except through the channels provided by the Company, unless you have obtained written permission from the Company. 4.3 You shall not do or engage in interfering with or interrupting the use of the Website, including, interfaces with the server and network connected to this Website. 4.4 By using the Website, you shall not do anything against the law or contrary to public order or good moral, not to violate any rights of the Company, other users, and other persons, and will not commit any act which would cause damage to such said person. 4.5 You shall not perform or authorize any third party to modify, adapt, translate, or reverse engineer any portion of the Website, framework of the Website, or copy any portion of the service from the Website, including copyright infringement, trademark or other intellectual property information of the Company or other users, including to not collecting information generated by the Company including images, background images and icons for any purpose, unless otherwise authorized by the Company. 4.6 You shall not write any text on the Website or any other area expressing or implying that such message is supported or endorsed by the Company without the prior written consent of the Company. 4.7 You shall not copy, repost, edit, upload, post, publish or any other actions to public without prior written permission from the Company. Failure to comply can result in legal liability. 4.8 You shall not infringe on the intellectual property rights of the Company. This includes but is not limited to copyrights, patents, trademarks, trade secret or other intellectual property by any means. 4.9 You shall not use any content or any works from this Website to take any advantage which are not entitled to, without the prior written consent of the Company and/or make a post or a message that causes damage to the Company, other Internet users and/or any third parties. 4.10 You shall not use the computer program, software to interfere, intervene or disrupt the service of the Company and/or computers and/or third-party computer systems such as Trojan Horse, Time Bombs, etc., which are harmful to the website. 4.11 In the case that you publish the information on the website through your email and/or on your home page, it is considered that this action is under your sole responsibility and the Company will not take any responsibility or involve in your action. 4.12 You shall not do anything against the Company's announcement or policy set out in these Terms and Conditions and/or any amendments or additions to the Terms and Conditions that the Company has later announced or published. Otherwise, the Company has the right and/or to take legal action against you as the Company deems appropriate. 4.13 You are solely liable to any person including the Company for damages that cause from the breach of this Terms and Conditions. 4.14 You acknowledge and agree that the details relating to the Products and Services, such as the number of projects and units appearing on the Website and details that you and any third party have received from other channels of the Company (such as temporary booths or at the projects or points of sale) may vary according to the Company's sales policy or actual data. It is your responsibility to consider the information, including such details, by yourself and the Company is not responsible for you if the information is not accurate. 4.15 You accept the risk that any information sent or received through the Website may be accessed by unauthorized third parties and/or disclosed by the Company to any third party claiming to be or acting on behalf of you. Information sending through Internet and email may be impeded, delayed transmission from congestion, or inaccurate information due to the nature of the Internet that is publicly available.

5. Rights of the Company

5.1 The Company has the right to collect and process your information. If the information is personal data, the Company will comply with the Privacy Policy. 5.2 The Company reserves the right to solely change any information on the Website including product details and services. The Company's decision on the information on the website is absolute. 5.3 The Company may transfer the right to use the information on this Website to affiliates, joint ventures or partners of the Company under conditions to be specified in the future and in accordance with the law. 5.4 In case you create an account or store your information on the Website, the Company may request your information, such as name, surname, address, e-mail address, telephone number, date of birth, residential interests, etc., and you consent to the Company to collect and process your personal information to use the services on the Website. 5.5 In case your account is created, or your information is stored on the Website, the Company may send email or any other electronic message relating to any Products or Services you may be interested in from periodically. You agree and consent to receive such email or other electronic communications. However, you may opt-out of receiving such email or electronic communications through channels that the Company has provided. If you choose to opt-out, you acknowledge that you may not fully use the service of the Company. 5.6 Damages to the Company’s Website, the Company or Company’s Director caused by you. The Company has the right to claim damages from you at the expense and/or actual damages cost to fix, repair, create, reimburse or other action to compensate for such damages of the Company. You must compensate for loss within the time set by the Company. If you default on compensation for damages, the Company is entitled to calculate default interest at the rate by law.

7. Amendments

The Company reserves the right to amend, modify, add, omit any Terms and Conditions on this Website. It is your duty to follow up the updates periodically. Your continued use of the Website after any updates shall indicate that you have read and understood and signify your acceptance of the changes of the Terms and Conditions unconditionally. You cannot claim that the absence of notice on change the Terms and Conditions is the reason to breach these Terms and Conditions.

8. Applicable Law

Interpretation and enforcement of this Terms and Conditions shall be governed by and construed in accordance with Thai laws.

Privacy Policy

Purpose of Personal Data Collection

For the company to collect, process or use your personal data for the purposes as follows:

Communication and provision of various information relating to products and services of the Company and offer of any projects in which customers may be interested
Preparation of marketing plan and analysis, process, development and improvement of products and services of the Company
Transmission of information to any third party or business alliance of the Company in relation to products and/or services of the Company

Privacy Policy

PLUS PROPERTY COMPANY LIMITED

Plus Property Company Limited fully respects and recognises the importance and confidentiality of your personal information. Therefore, we strictly adhere to the protective laws in accordance with the Personal Data Protection Act B.E. 2562 (AD 2019), so that your personal data will be protected and will be treated stringently according to the law.

Therefore, the Company will strictly comply by notifying the owner of the personal data on the detail of the Personal Data Protection Policy, in regard to the collection, compilation, use, or disclosure of the personal data of the owner of the specific personal data and your rights as the owner of the personal data. This policy will be used to protect the personal information within the jurisdiction of Plus Property Co., Ltd., its affiliates, and/or joint venture companies (“Company”) that you have provided through all channels of the Company, whether it be offline and online channels, such as regarding site visit or contact with a project, participation in activities, access to websites, applications, social media (“Platforms”) that have been designed to facilitate your searches, visits, usage of products and services, such as:

Residential projects include condominiums, detached houses, townhouses, commercial buildings and other projects that are for resale and rent by the Company
Property Management Service
Facility Management Service
Sole Agent Service
News, promotions of products and services
Any other operation regarding products and available service through the website
Security operation and building engineering system

Before you use this site, please read the terms and conditions and the Privacy Policy of this site. If you do not accept these terms and conditions and Privacy Policy in this website, we would like you to stop using this website immediately. Your continued use of website will indicate your agreement with the Terms and Conditions and Privacy Policy in which the Company has the Privacy Policy as follows:

1.Definitions

“Personal Data” means personal information that enables an individual to be identified directly or indirectly.

“Special Types of Private Personal Data” means information related to race, religion, criminal record, health information, disability, biometrics, or any other information as required by law.

"Cookies" means information that is sent from a website to each visitor’s computer while accessing such website.

The category of the cookies used on our website is set out below.

"Functional Cookies"
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
“Performance Cookies”
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
“Targeting Cookies (Advertising Cookies)”
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
“Strictly Necessary Cookies”
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

“Log” means data generated through the use of an application that includes the origin, starting point, destination, route, time, date, volume, duration, type of service, or otherwise in connection with the use of such an application.

2.Personal Data collection

2.1 The Company will collect your Personal Data that the Company received either directly or indirectly which consist of;

Personal data such as name, last name, gender, age, nationality, date of birth, marital status, address, occupation, place of work, postal code, email address, telephone number, credit card, personal income, car that you are driving, Car registration
Contact information, such as address where you can be reached, address for delivery of documents, postal code, email address, LINE ID, Facebook, WeChat, WhatsApp, telephone number, referral details, emergency contact details, etc.
Information on your interests such as products and services, hobbies, social networking activities, sports, travelling.
Information on your decision whether or not to choose products and services, such as the reason of purchase or residence selection, budget, purpose, other products that used for comparison, comments regarding products and services.
Information obtained from the organisation of activities, including photos, videos, completed questionnaires, registration information, etc.
Information obtained from the collection of your personal information including from CCTV cameras, which can be recorded as still images or video footages, within the premises under the jurisdiction of the Company.
Special types of personal data, including race, religion, sexual orientation.
Data that specifies your location while using the website. If you enable the GPS system, you consent the Company to collect and process your location information. However, if you would like to conceal this information, you can install programs or turn off GPS on your mobile phone.
Information searching behavior on website where the Company will use cookies as a tool to collect data such as:

IP address
Type of web browser that is used to access
Web pages visited
Time spent on visiting
Websites that refers to the Company's web site

Behaviour regarding the usage of applications, for which a log of your usage of the Company’s applications will be kept.
Necessary information to be provided to the Company and the Company is entitled to process such personal data as stipulated by law without consent as follows:

Data to be provided for complying law or performance or execution of a contract or other data as stipulated by law. If you do not give your personal data, the Company may not be able to proceed with such action requested by you or as the Company informs you or other consequences pursuant to the applicable law.
Data that is necessary for any lawful interest such as the collection of photo from the Company’s activities and etc.
Personal information, contact information, asset information, information collected from security systems within the residential premises or offices. The collection of such personal information is the basic processing of personal data where necessary only for security purposes, including the management of residential buildings and offices which are in accordance with the lawful rights of the owners of the personal data as per the Personal Data Protection Act B.E. 2562.

Other Personal Data subject to your prior consent

2.2

The Company will collect your Personal Data only as necessary or for the purpose of collection and in accordance with the law. However the Company may collect and anonymise any data.

In case you access to the website or advertisement which are not operated by the Company, the privacy policy on personal data will be governed by the one of that website, for which the Company shall not be held responsible.

2.3 Method of Personal Data Collection

through the Company’s channel, e.g. electronic means, documentation, verbally, depending on circumstances etc.; or
through channel of the Company’s partner / other service providers, e.g. Facebook, Line, etc., for the purpose of creation of your profile or agent.

2.4 Children

The Company has no intention to collect any Personal Data of a child whose age is less than that stipulated by law (the “Age Limit”). If you are younger than that of the Age Limit, please do not use the service of the Company or give any Personal Data to the Company.
In the event that you are a parent of a child whose age is less than the Age Limit and is aware that your child is giving Personal Data to the Company, please contact the Company and you may request to exercise your right instead.
In the even that you are a child of age that is less than the Age Limit and need to receive services and products of the Company, you are required to have a consent of your parent in place for the provision of your Personal Data.

3.Purpose of collection / use / disclosure of the Personal Data

3.1

To provide service which is requested by you, for example, in case you subscribe for information and promotion, the Company will only store and use basic information such as first name, last name, e-mail address and telephone number for any subsequent communication with you, or in case of an online booking, the Company will store and use information necessary to issue booking documents.

3.2

To improve website performance, create marketing plan, analyze data usage, evaluate the performance of service, improve and develop products and services of the Company.

3.3

To communicate and provide information relating to products and services of the Company and/or its Affiliates, including relating privileges or promotion of the said products or services or any future change concerning the Privacy Policy for personal data protection.

3.4

To comply with contracts to which you are a party or of which the Company uses services, such as to share your location information where the Company uses the location service of a third party.

3.5

To pursue any legal actions, such as to prevent or cease any loss of life or damage to body or health of a person, for educational study or statistics in order to provide an appropriate measure to protect your rights and freedom.

3.6

For the application in the management of residential projects, offices, or the management of areas where the Company is a contractual party to provide services.

3.7

For the application in the maintenance of security of individuals and common property within the area under administration, or in accordance with any items that have been agreed upon under the employment contract, etc.

3.8

To execute legal actions, such as various registrations, and exercising the rights to make certain claims as permitted by law, etc.

3.9

To prevent or deter any incidents that may endanger an individual’s life, physical well-being, or health, and the research studies or statistics that have been provided for the appropriate safeguards of your rights and freedoms, etc.

3.10

To serve any other purposes which have been notified at the time of collection of your Personal Data or any other purposes in relation to any of the above purposes.

3.11

The Company will not use or disclose your Personal Data UNLESS it is necessary for the purposes set out above or disclosed to any person in the Company or the parties involved in the contract, as required by law, governmental authority, supervision organization or with your consent.

4.Who may receive your personal information

4.1

The Company, partners of the Company or any employee of relevant companies.

4.2

Agents of the Company who has been authorized to offer and sell the Company’s products and services, including agent or person hired by such person.

4.3

Other persons, including agent or person hired by such person who is arranging in connection with the Company’s products and services, the conduct of the marketing activities, the offer of the Company’s information, the development of the Company’s products and services, e.g. payment method, documentation system, technology, delivery of documents, research, etc.

4.4

Condominium Juristic Person or Developed-Estate Juristic and /or Condominium manager or Developed-estate manager.

4.5

Contractual party of the Company in its capacity as employer and/or service recipients of the Company.

4.6

Any governmental authority or supervision organization or any person to which the Company is required to disclose such data whether by laws, regulations or order in relation to the Company or pursuant to the Company’s agreement with any governmental authority or any other person.

5.Data security

5.1

The Company uses Secure Socket Layer (SSL), which is a standard for securing data transmitted over the Internet, including data encryption and firewall. Secured Socket Layer (SSL) is a technology accessing encrypted data to prevent sniffers while the information is being transmitted over the Internet. The data encryption makes sniffers unable to understand the meaning of the information. This technology is also used for confirming the existence of the website. The Company will regularly update and test its technology to ensure that your Personal Data is safe, secure, and trustworthy. The Company reserves the right to make changes to its security tools if the Company sees that the tool is more standardized and can maintain better data security.

5.2

In the case that the Company concludes an agreement with an external person, group of persons, and/or juristic person, for the development, system maintenance and/or data processing, for resource allocation and/or provision of services on behalf of the Company, including that the Company may use the programmes or non-Company applications in the form of ready-made software services and/or ready-made platform services to process personal data, the Company will not allow extraneous individuals, groups of individuals and/or juristic persons to access personal data, and for other individuals, groups of individuals and/or juristic persons who have access to work for the Company, there must also be appropriate measures to protect the security of personal data in accordance with the Company’s policy.

5.3

In the event that the information is in the form of a hard-copy document, the Company will store the information in the Company or office, where only the relevant parties will have access to said information.

6.Owner's rights

6.1

The person who owns the Personal Data is entitled to access and make copy of the relevant Personal Data provided to the Company and which is under control of the Company or request for disclosure of the Personal Data to which you do not consent, UNLESS it is to protect the owner of the data or the rights of the other person, is contrary to or inconsistent with the provisions of the law or court order or other cases as required by law.

6.2

You may revoke or withdraw your consent for the Company to use personal data, or disclose personal data that you have previously given consent to. After the revocation or withdrawal of consent, or refusal to provide certain information, the Company shall not be able to provide services or perform operations to achieve some or all of the objectives as previously informed to you by the Company, or as specified in the Personal Data Protection Policy.

In this regard, the Company may store information for the purpose of providing services to you, as a customer, service user, co-owner, resident, contact person, and contractual party for management purposes, or for certain legal actions. However, the Company will no longer use your personal information for other purposes.

6.3

If the Company does not maintain the Personal Data as required by law, you may request the Company to destroy, remove, suspend the use of or anonymize your Personal Data.

6.4

Any other rights under the laws, e.g. the right to amend personal data, the right to cancel the use of personal data, the right to object any process of personal data, for whatsoever reason.

6.5

You may proceed in accordance with the rights as defined above. For the users of services of Plus Property Company Limited, please notify via telephone: +66 (0)2-688- 7555. The Company will consider your request and notify the result to you within 30 days from the date the Company has received such request.

7.Marketing Activities and Promotional Activities

In the event that the Company has send any information relation to its marketing activities and promotional activities, including those concerning products, services or any interesting activities and if you have agreed to receive such information but would like to cancel such receipt, you may proceed by Call Center at 1685 .or Customer Service (66)2-688-7555

8.Exceptions to the Confidentiality of Personal Data

Any of the following actions shall not be deemed an offense to the Privacy Policy:

8.1

An action towards the Personal Data that has been disclosed to the public at the time you disclose this information to the Company or that is publicly disclosed which is not the fault of the Company or its Affiliates.

8.2

Disclosure of the Personal Data with your written consent or permission by any other means.

8.3

Disclosure of information as necessary by laws, orders, rules, regulations, court orders, or governmental agency, or other necessities.

9.Personal Data Retention

The Company will store your personal data for as long as deemed necessary, with which to provide services to you or to implement any stated purposes, unless required by law and/or any other contingencies that require storage beyond the period specified above.

Following the expiration of the retention period of personal data, the company will expunge your personal data from the database, both the data stored in document format (hard copy) and/or in electronic format (soft copy).

10.Changes to our Privacy Policy for personal data protection / Contact of the Company

10.1

Company may change or update details of Privacy Policy for personal data protection in part or in its entirety. If there is a change, the Company will update its Privacy Policy for personal data protection on the website or other platform.

10.2

Users may express his or her opinion on the Privacy Policy for personal data protection at "Contact Us". However, users agree that the Company's discretion is absolute.

However, the Company recommends that you closely follow up to check on the amendments, additions of the Personal Data Protection Policy from time to time. This is because the new Personal Data Protection Policy will become effective immediately on the date of its announcement.

11.Data Controller

If you wish to contact with request to exercise the rights of the owner of the personal data, or if you have any questions, including any complaints (additional), you may contact us through the following channels:

Plus Property Co., Ltd.

59 Soi Rim Khlong Phra Khanong, Phra Khanong Nuea Sub-district, Vadhana District, Bangkok 10110

Monday to Sunday and public holidays 09:00 - 18:00 hrs.

Call : (66)2-688-7555

Fax: (66)2-109-5479

E-mail : plusagency@plus.co.th

Line Official : @Plusproperty (https://lin.ee/iSSTTkr)

Upon your agreement to this Personal Data Protection Policy, the company will assume that you have agreed that the use of any of the Company’s services constitutes acceptance of all terms and conditions of use of such services, and that this agreement is in full force and in effect.

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