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1. Purposes of policy and statement
KOBELCO CONSTRUCTION MACHINERY SOUTHEAST ASIA CO., LTD. (hereinafter referred to in this Policy as “The company”) as the Personal Data Controller, committed to the protection of personal data in the conduct of business appropriately and in accordance with "Personal Data Protection Act B.E. 2562" (Personal Data Protection Act hereinafter referred to as PDPA or the Act) therefore establishes this document with the purpose of notifying in general to data subjects relating to our business operation about details related to the collection, use and disclosure of personal data in accordance with rules and conditions stipulated by PDPA. In addition to this general policy, the company has established and announced specific sub-policies classified by type of personal data subject which are considered an extension or recital of this policy in order to inform each type of data subject about the details of data processing required by PDPA which includes Personal Data Protection Policy for job applicant, employee, customer, dealer or supplier, visitors, end user.
2. Definition
“Personal data” means information about an individual which makes it possible to identify that person either directly or indirectly but does not include data relating to juristic person and data of a deceased persons in particular according to PDPA
“Data subject” means customer, job applicant, employee, supplier or vendor, visitor, end-user as defined in separated sub-policy in accordance with each type of data subject.
“Processing of personal data” means the collection, use and disclosure of personal data
In addition to this policy, definition and terminology are specified in relevant sub-policy.
3. Source of personal data
In general, the company collects personal data from the data subject directly on the basis of legal relationships with each other, for example collecting personal data in the form of the customer's first name, last name, contact information from the processing of related contract or business transaction, collecting job applicants' resumes from the application form and accompanied documents submitted to the company. The Company, as the personal data controller shall not collect personal data from sources other than the data subject except in cases where it can be done as provided by law. In case that the Company collects personal data from a person other than data subject, the Company shall notify the data subject of its collection from other sources and obtain consent except in case provided by law.
4. Purposes of processing personal data.
4.1 The company processes personal data of customer and vendor or supplier for the purpose of various operations relating to entering into a contract and performing the obligations under contract with each other as well as for other purposes as required by law which the company have notified details in accordance with the personal data protection policy of customer and vendor or supplier.
4.2 The company processes personal data of job applicants for the purposes of various operations relating to recruitment and selection process of the company including for other purposes as required by law which the company have notified details in accordance with the personal data protection policy of job applicant.
4.3 The company processes personal data of employee for the purposes of various operations in order to perform obligation under employment contract including for other purposes as required by law which the company have notified details in accordance with the personal data protection policy of employee.
4.4 The company processes personal data of end user of our products for the purposes of organizing sale promotion, marketing and relationship activities or projects and for other purposes as required by law which the company have notified details in accordance with the personal data protection policy of end user.
4.5 The company processes personal data of visitor for legitimate interest of the company such as maintaining security of our properties and assets including for other purposes as required by law which the company have notified details in accordance with the personal data protection policy of visitor.
4.6 The company processes personal data of other data subject involving our operation or business process by notifying the data subject on a case-by-case basis.
5. Legal basis for processing personal data
In principle, the company processes personal data of data subjects on basis of consent by means required by PDPA, except where the law stipulates condition that can be processed without obtaining consent of data subject, such as the performance of a contract, legal obligation, legitimate interests of our company, the protection of life, health or safety of other data subject, the investigating by competent authority or court order, or other legal basis of PDPA.
6. Processing of Special category of personal data or “Sensitive personal data”
In principle, the company shall not process “Special category of personal data” or “Sensitive personal data” as defined by PDPA without explicit consent of data subject except in case where company shall be entitled to process without consent as provided by the law.
7. Disclosure or transfer of personal data to third party.
The Company shall disclose or transfer personal data in our control to third parties as necessary merely for the purposes notified in section 4 of this policy and under conditions provided by PDPA, such as disclosing personal data of our customer or vendor to service providers in connection with performance of relevant contract or transaction including disclosure or transfer of personal data to government agencies or competent authorities or court orders as required by laws.
8. Personal data retention.
The Company collects the personal data of the data subjects for a limited period as is necessary to fulfill the purposes stated in Article 4. The detail of personal data processed and retention period shall be different depending on each type of data subject which notified in relevant sub-policies.
9. Rights of data subject.
Data subject shall be entitled with rights as stipulated by PDPA including right to access personal data, right to obtain copy right to erasure, right to rectify or update personal data, However, the rights of the data subjects are subject to conditions and restrictions stipulated by the law.
10. Review of policies, sub-policies, regulations and guidelines.
The Company may consider revising this ppolicy and sub-policies in order to comply with the PDPA and regulations of data protection commission or competent authorities.
11. Channel to contact Personal Data Controller
Data subject shall be entitled to contact the company as data controller for the purpose of exercising data subject’s right and for other purposes relating to PDPA at Corporate Planning Section / Tel. +66 (0) 3895 0040-4 ext. 404
12. Others
