Notification Procedures for Suppressing or Taking Down Illegal Computer Data (Take Down Notice)

Modified on Thu, 16 Feb 2023 at 08:59 PM

If any person finds that there is computer data that is unlawful as defined under Section 15 of the Computer-Related Crime Act B.E 2550 (2007) (as amended) (“Illegal Computer Data”), appearing on websites, applications, chatbot, social media or computer systems under the control of Bitkub Online Co., Ltd. (the “Company”), such person may notify the Company, as a service provider or social media pursuant to a relevant Notification of the Ministry of Digital Economy and Society B.E 2565 (2022), of the Illegal Computer Data under Section 14 and request the Company to suppress, or remove from the computer system under the Company’s control, the Illegal Computer Data in accordance with the method specified by the Company.  

In this regard, the Illegal Computer Data means data that has any of the following characteristics:

  1. computer data that is distorted or forged either partially or entirely, or untrue or false computer data, which may cause damage to any person particular individual or the general public, but not being regarded as an offense of defamation under the Criminal Code of the Kingdom of Thailand;
  2. untrue or false computer data which may cause damage to the protection of national security, public safety or economic stability of the Kingdom of Thailand, or infrastructures which are for public interests of the Kingdom of Thailand;, or which may cause panic to the general public;
  3. any computer data which may result in an offense related to national security of the Kingdom of Thailand, or related to terrorism, according to the Criminal Code of the Kingdom of Thailand; or
  4. any obscene data which could be accessed by the general public.

A person wishing to notify the Company of any Illegal Computer Data (the “Complainant”) and request the Company to suppress, or remove from the computer system under the Company’s control, the Illegal Company Data (the “Complainant”) must fill in a Complaint Form in a form as specified by the Company and submit to the Company such Complaint Form and all required supporting documents as set out follows. 

 

Procedures for Notifying Illegal Computer Data on Company’s Computer System

1. Download the Complaint Form here, then print the form, and fill out all the details correctly.

2. Prepare the supporting documents (as listed below).

3. Submit the Complaint Form and all supporting documents via email only.

Please specify the email subject as “Complaint regarding illegal computer data (Take down notice)” and send it to support@bitkub.com.

Required Supporting Documents

1. Supporting documents for the person signing the complaint form

1.1 In the event that the person signing the Complaint Form is a Complainant,

  • In the event that the Complainant has conducted the identity verification process to use any services or products of the Company, it is not necessary to attach a copy of ID card, or any other card issued by a government agency, of the Complainant.
  • In the event that the Complainant has never conducted the identity verification process to use any services or products of the Company, please attach a certified true and correct copy of ID card, or any other card issued by a government agency, of the Complainant*.

1.2 In the event that the person signing the Complaint Form is an authorized representative or attorney of the Complainant, please also submit the following documents:

  • an original Power of Attorney signed by the Complainant and the Complainant’s authorized representative or attorney, with a duty stamp duly affixed as required by law; 
  • a certified true and correct copy of the ID card, or any other card issued by a government agency, of the Complainant*; and
  • a certified true and correct copy of the ID card, or any other card issued by a government agency, of the Complainant’s authorized representative or attorney*.

2. In the event that the details of the accused Illegal Computer Data have been recorded in a police daily report, or a complaint in respect thereof has been filed to an inquiry official or a police officer, please also submit the following documents:

  • a certified true and correct copy of a police daily report or a letter of complaint; and
  • a certified true and correct copy of documents or evidence submitted to an inquiry official or a police officer (if any). 

3. Documents or other evidence demonstrating an offense according to Section 14 of the Computer-Related Crime Act B.E. 2550 (2007) (as amended) and damage incurred to the Complainant or any third parties.

Remark

* Please redact the religious and blood type details shown in a copy of the ID card, or any other card issued by a government agency, submitted to the Company as stated above. If such information is not redacted, the Company reserves the right to redact such information on your behalf.

In this regard, the Company reserves the right not to take any action in the case that Upon receiving the Complaint Form and supporting documents from the complainant, the company will examine the documents and information related to the complaint. In this regard, the Company reserves the right not to take any action in the case that the Complainant fills in information in the Complaint Form, or submits documents to the Company, incorrectly or incompletely, or fails to submit the documents according to the method specified above; or according to the Company’s preliminary investigation, the Company views that the accused Illegal Computer Data is unlikely to be regarded as Illegal Computer Data, or the alleged complaint is unlikely to be regarded as an offense in any of the manners specified under Section 14 of the Computer-Related Crime Act B.E 2550 (2007) (as amended). The Company also reserves the right to take any action as it deems appropriate to cease the wrongdoing as soon as reasonably possible pursuant to the procedures and timeframe specified by law. 

 

(Check the information as a downloadable file here.)

 

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