English
Thailand
Japanese
Pursuant to the Personal Data Protection Act B.E. 2562 and other related laws, including any further amendments thereof (“PDPA”), Thai Nishimatsu Construction Co., Ltd. (the “Company”) hereby provide this Privacy Notice (“Notice”) to inform you of the details with regard to the collection, use and disclosure of your Personal Data by the Company. This Notice shall apply to you as the Applicant and the Applicant’s Related Person.
DEFINITION
means any information relating to a natural person, which enables the identification of such person, whether directly or indirectly, but not including the information of the deceased persons.
means Personal Data pertaining to racial, ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data, or of any data which may engender the unfair discrimination against the data subject or affect the data subject in the same manner as prescribed by data protection laws.
means the justifiable ground to collect Personal Data as prescribed in the PDPA.
means a natural person who expresses his/her intention, either directly to the Company or through the procedure of the external recruitment agencies or other organizations, to be selected or interviewed by the Company to enter into a contract with the Company as a permanent employee or a temporary employee, including an outsourced employee, or other personnel in any other position who work or perform any tasks for the Company and receive wages, benefits and other forms of compensations, regardless of what they are called.
means other persons whose Personal Data is provided by the Applicant to the Company, including but not limited to the reference person mentioned in the application documents, family members, emergency contact person.
CATEGORIES OF PERSONAL DATA WHICH THE COMPANY COLLECTS
The Company will collect all or part of your Personal Data as specified in this Privacy Notice, as necessary for proceeding with the purposes of the Company which informed in this Privacy Notice.
such as prefix, name, surname, nickname, age, sex, date of birth, nationality, occupation, current address or address of house registration, picture, signature, living status, marital status, family status, personal phone number, personal email address, etc.
such as Curriculum Vitae / Resume, application form and other documents (such as in the case of attaching additional documents related to the applied the position)
such as numbers, prefixes, names, surnames, relationship with the Applicant, ages, occupation/ positions, education details, address, workplace, contact details of family members and reference persons
such as educational and trainings background, qualification certificates, degree certification documents, language and computer skills, training and testing information, extracurricular activities, etc.
such as work skills, language skills, special knowledge, work experience and work history, current and previous workplace, working period from past to present, intended position and salary, date of application, etc.
such as skills assessment result, comments to the Applicant, interview result, the agreement related to employment such as appointed position, probationary period, salary or other conditions which related to offer for employment etc.
such as motion picture or still images recorded by the closed-circuit television cameras.
such as information present in copies of identification card, driving license, military discharge/exemption letter, employment certificate, salary certificate, salary pay slip, bank account book, house registration document, evidence of name changing, employment agreement and related documents, etc.
such as religion, blood group, race, or health information e.g. weight and height, congenital Data disease, health examination result (medical certificate), body temperature, etc.
Remark: In the case where you have given information on any third person or the Personal Data of any third person have appeared in the documents the Company collected from you in accordance with this Notice, you are obliged to inform such third person that you have provided his/her information to the Company together with the relevant details in this Notice which related to such person.
SOURCE OF PERSONAL DATA
The Company will collect your Personal Data directly and indirectly from the following sources:
Personal Data of the Applicants
Collected by one of the following manners:
-
Verbal communication: such as through face to face interactions, or through telephone.
-
Via documents: such as job application form, cover letter, curriculum vitae/resume or other documents relating to the job application procedures of the Company.
-
Other communication channels: such as email, fax, online network e. g. recruitment websites in which you have provided your Personal Data for applying for a vacancy with the Company etc.
-
such as the Company’s employee that helps process your job application upon your request, recruitment agencies, persons referred to in your job application to inquire regarding your work, other organizations you have/ had worked for, government organizations, your employer in case you are applying as the outsourced employee of the Company etc.
Personal Data of the Applicants’ Related Persons
-
such as the Applicant who is your related person or has certain relationship with you.
PURPOSE OF COLLECTING PERSONAL DATA
The Company shall solely collect your Personal Data for use and/or disclosure in compliance with the objectives and the legal basis under this Notice. In the case of necessity where the Company is required to collect additional Personal Data or use Personal Data for other purposes apart from the stipulated objectives within this Notice, the Company is obliged to inform you on the Personal Data collection and/ or notify the new objectives respectively. If required by laws, the Company may request for additional consent on collecting, using or disclosing of your Personal Data according to the PDPA.
Personal Data of the Applicants
1. Processing of the application, utilizing the Personal Data and internally disclosing the Personal Data within the Company for the interview, performance assessment, qualification and suitability of the position applied, and other vacancies which the Company deems appropriate, including contacting for interview appointment, notifying the interview result and vacancy offer for entering into an employment agreement with you.
General Personal Data
-
For compliance with the agreement or entering into the agreement.
-
For the legitimate interest of the Company.
Sensitive Personal Data
-
Request for explicit consent.
2. CheckingtheApplicant’sbackgroundfromthird parties or external organizations including to check the legal qualifications relevant to your work, for instance career which are subject to legal conditions; and helping you to acquire such qualification, for instance filing of application for professional license. This shall include examining and collecting your health data and other required information to consider the eligibility and suitability of your position for the purpose of labor protection and welfare.
General Personal Data
-
For compliance with the agreement or entering into the agreement.
-
For the legitimate interest of the Company.
Sensitive Personal Data
-
For the necessity of legal compliance to achieve the objectives required by law ( in the event there is a legal requirement e. g. to assess the employee’ s performance, for labor protection purposes).
-
Request for explicit consent.
3. RecordingormaintainingofyourPersonalDatafor consideration and contacting to you. In the event the Company re-opens this vacancy or other vacancies in the future which the Company has considered the said vacancy appropriate for you (only if you do not pass the job interview or do not enter into a contract with the Company for other reasons.).
General Personal Data
-
For the legitimate interest of the Company.
Sensitive Personal Data
-
Request for explicit consent.
4. SecuritywithintheCompany’spremisessuchas CCTV surveillance inside the Company.
General Personal Data
-
For the legitimate interest of the Company.
5. Health examination and recording your health data such as collecting your medical examination, temperature checks, etc. to take steps to prevent infectious disease or epidemics that may be contagious or spread widely, including emergency event may occur to life, body and health of a person who enters the Company’s premise. This shall include disclosing such data to external organization for the said purposes such as the Department of Disease Control, medical institutions, and other relevant government agencies.
General Personal Data
-
For the legitimate interest of the Company.
-
For compliance with the laws enforced on the Company.
-
For preventing and suppressing danger to life, body and health of a person.
Sensitive Personal Data
-
For preventing or suppressing danger to your life, body or health in the event where you are unable to give consent.
-
For the necessity of legal compliance to achieve the objectives required by law ( in the event there is a legal requirement e.g. law regarding public interest in respect of public health).
-
Request for explicit consent (in the case there is no specific law supporting the Company to collect the Sensitive Personal Data without a consent).
6. Company’s process for quality assurance, internal audit, internal control, certification of organization standardization (ISO), including internally disclosed to related departments, and externally disclose to an accredited ISO certification company.
General Personal Data
-
For the legitimate interest of the Company. (in case of internal control and quality assurance)
-
Request for explicit consent. (in case of ISO certification)
Sensitive Personal Data
-
Request for explicit consent.
7. ProtectthelegitimaterightsoftheCompanyor dispute allegations against the Company such as legal action, initiation of legal proceeding, litigation, alternative dispute resolution and other proceedings to protect the legitimate rights of the Company or dispute allegations against the Company as permitted by law.
General Personal Data
-
For the legitimate interest of the Company.
Sensitive Personal Data
-
To establish rights to a legal claim, compliance or exercise of rights to claim as permitted by law; or for dispute allegations.
Personal Data of the Applicants’ Related Persons
1. Checking the Applicant’ s background and qualifications, which may include internally use and disclosure of the Personal Data within the Company for the interview, performance assessment, qualification and suitability of the position applied by the Applicants, and other vacancies which the Company deems appropriate to the Applicants.
General Personal Data
-
For the legitimate interest of the Company and the Applicants.
-
For the legitimate interest of the Company.
2. Contacting and coordinating with you in case of emergency may occur to the Applicants within the Company’s areas or during the performance of duty for the Company ( in case the Applicants have executed the employment contract and being the employee of the Company).
General Personal Data
-
For the legitimate interest of the Company and the Applicants.
3. Recording or maintaining of your Personal Data for supporting the consideration and contacting the Applicants in the event the Company re-opens this vacancy or other vacancies in the future which the Company has considered the said vacancy appropriate for the Applicants (only if the Applicants do not pass the job interview or do not enter into a contract with the Company for other reasons).
General Personal Data
-
For the legitimate interest of the Company and the Applicants.
4. Recording or maintaining of your Personal Data as the supporting information in the employee record and for proceeding with any actions concerning the provision of welfare to the employees ( in case the Applicants have executed the employment contract and being the employee of the Company).
General Personal Data
-
For the legitimate interest of the Company and the Applicants.
5. Protect the legitimate rights of the Company or dispute allegations against the Company such as legal action, initiation of legal proceeding, litigation, alternative dispute resolution and other proceedings to protect the legitimate rights of the Company or dispute allegations against the Company as permitted by law.
General Personal Data
-
For the legitimate interest of the Company and the Applicants.
Sensitive Personal Data
-
To establish rights to a legal claim, compliance or exercise of rights to claim as permitted by law; or for dispute allegations.
IMPACT FROM THE REFUSAL IN PROVIDING PERSONAL DATA
Personal Data of Applicants
The Company will collect your Personal Data to determine your qualification and suitability of entering into an employment agreement. In the event where you do not provide necessary Personal Data to the Company, the Company may not be able to accurately assess your ability and suitability. In some cases, such Personal Data is an essential element for the applied vacancy. As such, the Company may decide to reject your application if you do not provide such required Personal Data.
Personal Data of Applicants’ Related Persons
In case you do not provide the Company with your Personal Data which is necessary for determining the qualification of the Applicants, the Company may not be able to efficiently assess the qualification of the Applicants and may not be able to proceed with any appropriate actions associated with the hiring process.
DISCLOSURE, TRANSMISSION OR TRANSFER OF PERSONAL DATA
To achieve the objectives of Personal Data collection as stated in this Notice, the Company may in some cases be required to disclose your Personal Data to persons or organizations including but not limited to the following:
-
Service providers and agents who have been hired by the Company for instance service providers on IT system or other databases, job recruitment agents, recruitment platform service providers, and accredited ISO certification company;
-
Organization which the Applicant had prior worked with or the reference person which the Applicant had specified;
-
Government agencies for instance the Social Security Office, the Revenue Department, the Ministry of Commerce, the Ministry of Labor, Royal Thai Police, police stations, etc.; and
-
Police officers, courts, arbitrators, lawyers, and persons or organizations associated with the judicial process and dispute resolution.
RETENTION PERIOD OF PERSONAL DATA
Personal Data of the Applicant
The Company will collect and retain your Personal Data for the period necessary to consider entering into an employment agreement with you. Once such objective has elapsed, the Company will store your Personal Data for the following retention periods:
-
In the case the Company employs you, the Company will retain your Personal Data for the duration of the employment agreement, and not exceeding 10 years after termination of employment.
-
In the case the Company does not employ you for any reason such as the Company does not offer you employment or you decline such offer, the Company will continually store your Personal Data for no more than 6 months from the interview date. And in case you consent the Company to collect and store your Sensitive Personal Data in the Company’s database for such job application purpose, your Sensitive Personal Data will be retained under such same period.
Personal Data of the Applicants’ Related Persons
The Company will collect and retain your Personal Data for the same retention period for the Personal Data of the Applicants as specified herein.
Nonetheless, the Company may retain all or part of your Personal Data for a duration beyond the period specified above for compliance with the law, any undertaking for debt collection, and to protect the legitimate rights of the Company, or to rebut any allegations made against the Company. In such case, the Personal Data may be retained for as long as it is necessary for the Company to abide with the specified objectives and/or for the duration stipulated by law.
RIGHTS OF DATA SUBJECT IN THE PROCESSING OF PERSONAL DATA
You have the following legal rights to your Personal Data collected by the Company:
-
Right on withdrawal of consent – You may withdraw some or all of your given consent for the collection, use, and disclosure at any time throughout the period the Company keeps the Personal Data. Notwithstanding, the withdrawal of consent shall not affect the completeness or accuracy of the collection, use, or disclosure of Personal Data by the Company that the you have already given consent prior to the withdrawal;
-
Right to access and request for a counterpart of Personal Data – you are entitled to request access to and obtain a copy of the Personal Data related to you, or to request the disclosure of the acquisition of the Personal Data obtained without your consent;
-
Right on the portability in sending or transferring of Personal Data – you have the right to request the Company to send or transfer the Personal Data concerning you to another person pursuant to the condition prescribed by law;
-
Right to object on the collection, use or disclosure of Personal Data – you are entitled to object to the collection, use or disclosure of your Personal Data by the Company pursuant to the condition prescribed by law;
-
Right on the erasure of Personal Data – you have the right to request the Company to erase, destroy or anonymize the Personal Data to become anonymous data which cannot identify you pursuant to the condition prescribed by law;
-
Right to restrict processing of Personal Data – you have the right to request the Company to restrict the use of your Personal Data pursuant to the condition prescribed by law;
-
Right on rectification of Personal Data – you have the right to request the Company to rectify incorrect information or input data to any incomplete information;
-
Right to complaint – you are entitled to file a complaint with the personal data protection committee in the event that the Company or employee or contractor of the Company violates or does not comply with the PDPA.
In this regard, you can exercise your rights by notifying the Company in writing to the Company’s contact information below. In the case where the Company may not make such request, the Company shall provide a reason on the refusal along with the response.
AN AMENDMENT OF THE NOTICE
The Company reserves the right to rectify this Notice as appropriate.
CHANNEL AND CONTACT INFORMATION OF THE COMPANY
Thai Nishimatsu Construction Co., Ltd.
Address: 32/ 48 Sino-Thai Tower 19fl. , Soi Asoke ( Sukhumvit 21) , Sukhumvit Rd. , Klongtoey Nua, Wattana, Bangkok 10110, Thailand
Telephone number: 0-2258-9590
E-mail address: hr-ga@thainishimatsu.co.th
