Privacy Notice for Processes Relating to Job Applicants and Employees

Section 1: General Provisions

Chaithanin Company Limited and its affiliates place great importance on protecting the Personal data of partners, agents, and individuals associated with you or others whose information you have provided to us. To assure you that we protect and handle your Personal data in accordance with the Personal Data Protection Act, and in compliance with the Personal Data Protection Act B.E. 2562, Chaithanin Company Limited has established this Privacy Notice for processes related to you, those associated with you, or others whose information you have provided (“Notice”). This Notice clarifies the details of how we manage and process the Personal data we receive from you. It also explains the purposes for collecting, using, disclosing, and transferring your Personal data, as well as the retention period for such data. This includes actions such as recording, organizing, storing, modifying, adapting, retrieving, transmitting, transferring, disclosing, making accessible or available by any means, aligning, combining, restricting or prohibiting access, deleting, or destroying (“Processing”), and your rights as the owner of the Personal data. Chaithanin Company Limited recommends that you read and understand the terms and conditions under this Notice, the details of which are as follows:

Section 2: Definitions

“Company” means Chaithanin Company Limited and its affiliates, including Marina Golden Bay Victoria Company Limited, Marina Golden Bay Elya Company Limited, Marina Golden Bay Geneva Company Limited, The Sunlight Residence 9 Company Limited, Global Top Group Company Limited, and other companies under the control of Chaithanin Company Limited.
“You” means job applicants and employees.
“Personal data” means any information relating to an identified or identifiable natural person, directly or indirectly, but excluding data of deceased persons.
“Sensitive Personal data” means Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual behavior, criminal records, health information, disability, trade union information, genetic data, biometric data, or any other information affecting data subjects in a similar manner as prescribed by the Personal data Protection Committee.
“Data Controller” means a person or legal entity who has the power and duty to make decisions regarding the collection, use, or disclosure of Personal data.
“Data Processor” means a person or legal entity who processes Personal data under the instructions or on behalf of the Data Controller.
“Personal Data Protection Act” means the Personal Data Protection Act B.E. 2562 and its subordinate regulations, and shall include any future amendments to such laws.

Section 3: Groups or Categories of Individuals from Whom the Company Collects Personal data

Under this Notice, the groups or categories of individuals from whom the company collects and processes Personal data include:

  • Job Applicants: Individuals who may be selected for employment with the company. The company may collect personal data directly from applicants or obtain it from third parties.
  • Individuals related to Job Applicants: This includes individuals whose personal data appears in documents related to the recruitment process, such as family members (e.g., parents, spouse, and children), emergency contacts, and character references.
  • Employees: Individuals who work for the company and receive wages, benefits, or other compensation in exchange for their work, such as directors, executives, managers, and other personnel. This excludes contractors or service providers who are business partners of the company.
  • Individuals related to Employees: This includes individuals whose personal data appears in documents related to employment processes, such as family members (e.g., parents, spouse, and children), emergency contacts, reference persons, beneficiaries, and work guarantors.

Section 4: How the Company Collects and Receives Your Personal data

4.1 The company collects and receives your personal data through various channels as follows:

(A) Personal data you provide directly to the company
You may provide personal data directly to the company, for example, when you submit a job application and supporting documents, whether through walk-in applications, online applications via external websites, or during job interviews where you submit documents containing your personal data.

(B) Personal data automatically collected by the company
The Company may receive your Personal data automatically, such as through CCTV recordings, collection of technical information, website traffic and browsing patterns, and your browsing history using cookies and similar technologies. You can find more details in the company’s “Cookies Notice.”

(C) Personal data the company receives from third parties
The company may receive your personal data from third parties, such as third-party job websites, your references, recruitment agencies, or from applications and documents from individuals related to you as a family member, emergency contact, reference, beneficiary, or work guarantor.

4.2 In collecting your personal data, you will be informed of the details as outlined in this Notice, including but not limited to the purposes and legal basis for the collection, use, disclosure, and/or processing of personal data. If the Personal Data Protection Act requires your consent for any personal data processing, the company will obtain your express consent.

4.3 If the company collected your personal data before the effective date of the Personal Data Protection Act concerning the collection, use, or disclosure of personal data, the company will continue to collect and use your personal data for the original purposes notified to you during the data collection. You have the right to withdraw your consent by contacting the company using the contact details provided in Section 11 of this Notice. The company reserves the right to consider your request for withdrawal of consent and to proceed in accordance with the Personal Data Protection Act.

Section 5: Personal data Collected

Your personal data collected and processed under this Notice, whether provided directly to the company, collected automatically by the company, or received by the company from third parties, includes:

5.1 Personal information: such as name, surname, date of birth, age, gender, weight, height, national identification number, photograph, signature, nationality, race, religion, marital status, military service status, family member information (e.g., parents, spouse, and children), health information, and criminal records.

5.2 Contact information: such as residential address, phone number, email address, emergency contact information, and reference contact details.

5.3 Education and training information: such as education and training history, qualification certificates, transcripts, language proficiency, special skills or expertise, and training records.

5.4 Job application information: such as personal profile, work experience, information provided in your resume/CV, applied position, expected salary, interview details, references or testimonials, and information contained in interview evaluation forms.

5.5 Supporting documents for job application: such as personal data appearing in copies of identification cards, passports, name change certificates, house registrations, military conscription certificates, educational certificates, driver’s licenses, photographs, and employment certificates.

5.6 Technical information: such as computer traffic logs, IP addresses, and data collected through cookies or similar technologies.

5.7 Other information: such as voice recordings of conversations, and still and moving images captured through CCTV cameras.

Section 6: Purposes and Legal Basis for Processing Personal Data

6.1 The company processes your personal data for various purposes under the following legal bases (collectively referred to as “personal data processing purposes”):

For Job Applicants

No. Purpose Legal Basis
1 To consider and select job applicants, including the application process through direct channels or recruitment agencies, interviews, evaluation and selection process, offering employment contracts, and other HR processes related to recruitment and selection. Consent and
Legitimate Interests
2 To conduct pre-employment screening as required by law, including background checks, verification of information provided by your references, and review of previous employment history to inform hiring decisions and employment contract preparation. Consent and  Legitimate Interests
3 To maintain peace and order, and to ensure the safety of individuals and the company’s property. Legitimate Interests
4 To communicate in necessary or emergency situations, such as verifying applicant information with provided references, checking previous employment history, and notifying applicants of potential dangers. Consent,  Legal Obligation and
Legitimate Interest
5 To carry out any actions necessary and beneficial to you, or directly related to the purposes stated above. Legitimate Interests

 

In the case of employees:

No. Purpose Legal Basis
1 To maintain security within the company’s buildings or premises and conduct security risk assessments, including: applying for access cards for work, exchanging building access cards, recording entry and exit data and recording images within the building or office using CCTV Legitimate Interests
2 To prevent and mitigate danger to the life, body, or health of you or others, such as controlling and preventing the spread of infectious diseases. Legitimate Interests
3 To facilitate communication in necessary or emergency situations, such as: Verifying employee information with listed references, checking previous employment history and notifying employees of potential dangers Consent and
Legitimate Interest
4 To manage employee care in an equitable and fair manner in accordance with human rights principles. Consent and Legal Obligation and Legitimate Interest
5 To provide appropriate facilities, activities, and welfare benefits to employees, such as: Insurance, Vehicle loans and Equipment requests Legal Obligation and Legitimate Interests
6 To exercise legal rights and fulfill obligations related to labor protection, social security, and employee welfare. Consent and Legal Obligation
7 To identify and verify your identity for purposes including:

  • Crime prevention
  • Employment, recruitment, and onboarding
  • Timekeeping, payroll, compensation, and attendance tracking
  • Supporting HR processes for performance reviews, approvals, evaluations, and compensation
  • Protecting the legitimate interests of the company or other individuals
 Consent, Legitimate Interests and Legal Obligation
8 To manage other HR matters such as: Disciplinary actions, Termination of employment, Resignation and retirement and Confidentiality Contractual Basis
9 To carry out any actions necessary and beneficial to you or directly related to the purposes stated above. Consent, Legitimate Interests and Contractual Basis

6.2 As the personal data processed for the purposes outlined in 6.1 above is necessary for legal compliance, contractual obligations, or the formation of a contract with you, failure to provide this data may have legal implications or prevent the company from fulfilling its contractual duties or entering into a contract with you (in some cases). In such instances, the company may be required to decline entering into a contract with you or providing you with associated benefits or entitlements, either in whole or in part.

6.3 Should the company process your personal data in a manner and/or for purposes not aligned with those stated above, additional privacy policies or notices will be provided, and/or you will be notified in writing explaining such processing. You should review these additional policies or notices in conjunction with this notice and/or such written communications (as applicable).

Section 7: Disclosure of Personal Data

7.1 The company may disclose your personal data under the specified purposes and in accordance with the principles prescribed by law to the following individuals and entities:

(a) Internal departments within the company, including but not limited to executives, directors, employees, and/or personnel of the company, as relevant and necessary for the processing of your personal data.

(b) Government agencies with regulatory authority, or those requesting disclosure of personal data under legal authority, or involved in legal proceedings, or as permitted by relevant laws, such as the Personal data Protection Committee, the Royal Thai Police, etc.

(c) Any other person or entity to whom you consent to the disclosure of your personal data.

7.2 The disclosure of your personal data to others will be carried out solely for the specified purposes or other purposes permitted by law. In cases where the law requires your consent, the company will obtain your consent prior to such disclosure.

7.3 When disclosing your personal data to others, the company will implement appropriate measures to protect the disclosed personal data and comply with the standards and obligations for personal data protection as stipulated by the Personal Data Protection Act. In the event that the company sends or transfers your personal data abroad, the company will take steps to ensure that the destination country, international organization, or recipient in the foreign country has adequate personal data protection standards, or ensure that the sending or transfer of your personal data abroad complies with the principles set forth in the Personal Data Protection Act. In some cases, the company may seek your consent for sending or transferring your personal data to such foreign countries.

Section 8: Personal Data Retention Period

The company will retain your personal data for the period necessary to fulfill the specified purposes of processing such personal data. The retention period will vary depending on the purposes for which the personal data is processed. However:

  • In the case of job applicants, the company will retain your information for at least 2 years after the consideration of your job application.
  • In the case of employees, the company will retain your personal data for a period not exceeding 10 years from the date of termination of the legal relationship between you and the company. However, the company may retain some of your personal data for a period longer than this if permitted by law or if such retention is necessary for the operation of the company Group.

After the expiration of the aforementioned period, the company will delete or destroy such personal data from its storage or systems and those of other parties providing services to the company (if any), or render your personal data unidentifiable, except in cases where the company is permitted to retain such personal data further as stipulated by the Personal Data Protection Act or other relevant laws.

For further details regarding the retention period of your personal data, you may contact the company using the contact information provided in Section 11 of this Notice.

Section 9: Your Rights as a Data Subject

As a data subject, you have the rights stipulated by the Personal Data Protection Act B.E. 2562. You can exercise your rights through the channels specified by the company in Section 11. You can start exercising these rights once the Personal Data Protection Act becomes applicable to the company. These rights are detailed as follows:

(A) Right to Withdraw Consent:
In cases where the company requests your consent, you have the right to withdraw your consent to the processing of Personal data that you have consented to with the company, unless the withdrawal of consent is restricted by law or contract for your benefit. (However, the withdrawal of consent will not affect the processing of Personal data that you have already lawfully consented to.)

(B) Right to Access
You have the right to access and request a copy of your data under the responsibility of the company, including requesting the company to disclose how it obtained such data that you did not consent to.

(C) Data Portability Right
You have the right to request the company to transfer your Personal data that you have provided to the company as prescribed by law.

(D) Right to Object
You have the right to object to the processing of data relating to you for the collection, use, or disclosure of Personal data relating to you as prescribed by law.

(E) Erasure Right
You have the right to request the company to erase your Personal data as prescribed by law. However, the company may store your Personal data electronically, and there may be some systems that cannot delete the data. In such cases, the company will arrange for the destruction or anonymization of such data.

(F) Right to Restrict Processing
You have the right to request the company to restrict the use of your data as prescribed by law.

(G) Right to Rectification
If you believe that the data held by the company is inaccurate or you have changed your Personal data, you have the right to request the company to correct your Personal data so that such Personal data is accurate, up-to-date, complete, and not misleading.

(H) Right to Lodge a Complaint
You have the right to lodge a complaint with the competent official under the Personal Data Protection Act B.E. 2562 if the company violates or fails to comply with the said Act.

The company reserves the right to consider your request to exercise your rights and proceed in accordance with the Personal Data Protection Act.

Section 10: Amendments to this Notice

The company may amend this Privacy Notice from time to time. When such amendments are made, the company will notify you through the company’s website and/or via email. If it is necessary to obtain your consent, the company will also obtain your further consent.

Section 11: Contact Information

If you have any questions or require further information about the protection of your personal data, the collection, use, or disclosure of your data, the exercise of your rights, or any complaints, you can contact the company through the following channels:

Company Name : Chaithanin Company Limited, Compliance Department

Address : 193/439 Moo 10, Nong Prue Subdistrict, Bang Lamung District, Chonburi Province 20150

Telephone : 0922508448

Business Days and Hours: Monday – Saturday, 09:00 – 18:00

Email : compliance@chaithanin.com

Announced on 1 December 2022