1. Introduction

1.1  Phloen Chit Human Resource Solution Recruitment Co., Ltd. (the “Company”) respects your privacy and we acknowledge that you have certain rights related to any personal data we collect from you and we have certain obligations in respect of the same. The Company supports the various international and local privacy laws including the Personal Data Protection Act B.E. 2562 (A.D. 2019) (“PDPA”), and has procedures in place to meet the requirements as the data controller under these laws.
1.2 This privacy policy (“Privacy Policy”) is issued to inform you of our privacy principles, our practices, and the protection of your personal data, which is gathered, collected, stored, used and/or disclosed (collectively “process”). We encourage you to review this Privacy Policy so that you may understand how we may process your personal data.
1.3 We ensure that the processing of your personal data will be secured by our appropriate and sufficient security measure. We will not process your personal data for purposes other than those specified in this Privacy Policy unless you consent thereto.
1.4 For the avoidance of doubt, “personal data” means any data about an individual who can be identified (a) from that data; or (b) from that data and other information to which the organization has or is likely to have access. References to “us” or “we” shall refer to the Company.

2. Information We Collect, Use or Disclose

2.1 In order for us to provide our services and for the operation of our business, provide services of recruiting and placing individuals for potential work assignments (and related services), including with our other consulting services with our customers and/or directly at the Company, act as employer or hirer of record for individuals employed or engaged by the Company, or provide human resources and business related services to our customers, we must collect certain personal data from and about individuals who are candidates, employees, contractors, and former employees.
2.2 The types of personal data collected, used, processed, disclosed and stored by us depends on the circumstances and/or the purposes for which we may need to process your personal data. Hence, subject to the aforesaid, such personal data may include:

  • Name;
  • Contact information (address, phone number, e-mail address);
  • Passport or identification details;
  • Employee identification number;
  • Date of birth;
  • Contents of any other identification provided to the Company for application or
  • employment purposes;
  • Education and employment history;
  • Work-related skills and experience;
  • Professional credentials or licenses;
  • Membership in professional organizations;
  • Any other information contained on an individual’s Curriculum Vitae (CV);
  • Citizenship and work authorization status;
  • Next-of-kin or emergency contact information;
  • Information from and related to publicly published profiles you’ve created on job-related social media platforms and job boards (such as LinkedIn, or Indeed);
  • Information provided by references;
  • Information regarding your career interests, preferences, and qualifications.
  • National identification, tax identification, passport number or social security number(s);
  • Financial or bank account information;
  • Benefits selections, potentially including health insurance and retirement planning information; and
  • Information contained within your personnel file with the Company, such as performance reviews, disciplinary action, and other payroll related information.

2.3 In addition, under certain circumstances and consistent with prevailing laws, we may request types of personal data that are viewed by some countries as “sensitive data”:

  • Results of drug, criminal, and/or background screenings;
  • Biometric data;
  • Health information, including that related to a work-related claim (e.g. workers’ compensation claim); and
  • Disability and health-related information.
    We will process your sensitive data only to the extent required by law or with your prior explicit consent.
  • 2.4 In some jurisdictions, in order to comply with statutes, rules, and regulations pertaining to equal employment opportunities or to assist the Company or its related corporations in compiling data for its equal employment opportunities and reporting, we may also ask you to provide gender, race/ethnicity or disability information. The provision of this type of information will be voluntary, unless it is required by law, and failure to provide this information will not hinder your employment or project opportunities.

2.5 Your interactions with our websites and mobile applications may also result in the collection, processing, and storage of the following types of information from you:

  • Geolocation data;
  • Other information you may provide to us, such as through surveys, interactions with our social media, or other mediums used to contact the Company.

2.6 Some of our websites require you to provide your personal data, such as when you create a profile and log-in credentials. Instead of having to type in your personal data, some of these functionalities may allow you to use third-party authentication tools such as Facebook, Twitter, Google, and Linkedin etc. to populate certain fields. By authenticating through one of the social media options, you allow us to receive your personal data and other information that is accessible through these tools. This information may be incorporated into your profile, which may include your name and email address, among other details. For any such tool you choose to use, we encourage you to also review the tool provider’s privacy policy and any terms and conditions.
2.7 We may use your personal data to permit you to participate in live social media feeds. If you choose to participate, your public username may be displayed on the sites along with your post, including, but not limited to, comments, images, and video.
2.8 We may provide you with access to third-party functionality that allows you to post content to your social media account(s). Any information that you provide to your social media account(s) through use of such third-party functionality is governed by the applicable third party’s privacy policy, and not by this Privacy Policy. For the avoidance of doubt, we are not responsible for any personal data that you provide to such third party and shall not incur any liability to you if those third parties do not adhere to or implement their declared Privacy Policy.

3. Source of Your Personal Data

3.1 We may collect personal data you voluntarily release to us, whether through the Company service, social media accounts, phone calls, text message, email or post mail or other forms filled out through the Company’s websites and applications such as service request forms.
3.2 We may collect your personal data indirectly from you or from other sources, such as recruiters, government agencies, business partners, educational institutions or your former employers.
3.3 We will collect information from other sources only with your consent as required by law, except as permitted by law.

4. The Purposes for Which We Collect, Use and Disclose Your Personal Data

We will/may collect, use, disclose and/or process your personal data for one or more of the following purposes:
4.1 We rely on contractual basis to process your Personal Data in order to, for instance,
a) administering, processing and/or dealing with any transactions between you and the Company and/or any of its related corporations including but not limited to any application by you for employment or work with the Company;

b) recruiting, assessing and/or matching you with/for potential positions or assignments with third party organizations (or our customers), and/or dealing with matters related thereto such as offering you a placement of work or job with such third-party organizations (or our customers) or referring you for employment to a third-party organization (or our customer);

c) administering, managing and/or dealing with the provision of work or job placement services to you. This includes us sharing your personal data with our customers or third-party organizations, for your potential placement or employment opportunities with those customers/third party organizations who are seeking employees or to the organization to which you have been assigned to work;

d) contacting you or communicating with you via phone/voice call, text message and/or, email and/or postal mail for the provision of providing our services to you. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages.

4.2 We rely on legitimate interest to process your personal data in order to, for instance,

a) carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf;

b) administering, facilitating, processing and/or dealing in any matters relating to your use of any of the Company’s or its related corporations’ websites, any functionalities on the websites or any transactions or activities carried out by you on or through any of the Company’s or its related corporations’ websites, such as but not limited to live social media feeds;

c) monitoring, processing and/or tracking your use of any of the Company’s or its related corporations’ websites in order to provide you with a seamless experience, facilitating or administering your use of any of the Company’s or its related corporations’ websites, and/or to assist us in improving your experience in using any of the Company’s or its related corporations’ websites;

d) contacting you or communicating with you via phone/voice call, text message and/or, email and/or postal mail for the purposes of administering your use of any of the Company’s or its related corporations’ website or any transactions you have with us;

e) carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations applicable to us (whether Thailand or non-Thailand), the requirements or guidelines of governmental authorities which we determine are applicable to us (whether Thailand or non-Thailand), and/or our risk management procedures that may be required by law (whether Thailand or non-Thailand) or that may have been put in place by us;

f) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with conflict of interests; or dealing with and/or investigating complaints;

g) creating reports with respect to our transactions with you, and/or producing statistics and research of such transactions for internal and/or statutory reporting and/or record-keeping requirements for us or our related corporation(s);

h) storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data.

i) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of the Company and/or its related corporations;

j) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves the Company as a participant, and there may be other third-party organizations who are participants in such transaction. The term “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other

k) acquisition, disposal or financing of an organization or a portion of an organization or of any of the business or assets of an organization.

4.3 We rely on legal obligations to process your personal data in order to, for instance,

a) complying with or as required by any applicable law, governmental or regulatory requirements of any jurisdiction applicable to us or our related corporations, including meeting the requirements to make disclosure under the requirements of any law binding on us or our related corporations, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of Thailand or a non-Thailand country), with which we or our related corporations are expected to comply;

b) complying with or as required by any request or direction of any governmental authority (whether Thailand or non-Thailand) which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. For the avoidance of doubt, this means that we may/will disclose your personal data to the aforementioned parties upon their request or direction.

4.4 In the event that you have given your explicit consent, we will process your personal data in order to, for instance,

a) For marketing, if you have separately indicated that you consent to such purpose. If so, we may/will send you by email, postal mail or other modes of communication marketing and promotional information and materials relating to products and/or services (including products and/or services of third-party organizations whom the Company may collaborate or tie up with) that the Company or its related corporations may be selling, marketing or promoting, whether such products or services exist now or are created in the future. In the case of the sending of marketing and promotional information and materials to you by voice call, SMS/MMS to your Thailand telephone number, we will not do so unless we have complied with the requirements of Thailand’s Personal Data Protection Act in relation to use of the latter modes of communication to send you such marketing information or materials or where you have expressly consented to such mode of communication;

b) For background screening in response to employment considerations requested by our clients, we may use some of your sensitive data, including information such as health information, disability status, drug test results, and criminal background. Your consent will be requested before any such usage.
(the purposes set out above shall be collectively referred to as the “Purposes”).

5. Disclosure of Personal Data

5.1 We will not disclose your personal data for purpose other than purposes specified herein, unless having been consented to do so.

5.2 The Company may/will need to disclose your personal data to third parties, whether located within or outside Thailand, for one or more of the above Purposes as set out in this Privacy Policy. These third parties would be processing your personal data for one or more of the above Purposes. Such third parties include:

a) our associated or affiliated organizations or related corporations

b) any of our agents, contractors or third-party service providers that process or will be processing your personal data on our behalf including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centers;

c) our customers or third-party organizations, who may be your potential employers or hirers or organizations which engage you for your services; and

d) third parties to whom disclosure by the Company is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.

5.3 We hold our employees, agents, and suppliers accountable for maintaining the trust that you place in us with your personal data. Your personal data will not be used or shared except as in accordance with applicable law relating to personal data.

5.4 Consistent with paragraph 5.2 above, as a result of the scope of the Company’s operations, the sharing of your personal data with our other group entities, service providers, and customers may result in your personal data being sent to countries outside of your country of residence, which may have data protection laws that differ from those in your country of residence. Regardless of the source or destination location of your information, we will at all times protect your personal data by implementing security measures following our standards as described in this Privacy Policy, and in accordance with applicable data protection laws when transferring your personal data.

6. Cookies and Web Beacons

6.1 The Company’s websites use “cookies” to help personalize the online experience. A cookie is a piece of data stored on the user’s computer or mobile device tied to information about that user. They also allow us to identify those devices when they return to a website. You can set your browser to notify you before you receive a cookie, giving you the option of whether to accept it. You can also set your browser to turn off cookies. If you do so, some areas of our websites may not function properly. We use both session ID and persistent cookies. A session ID cookie simply expires once the user closes the browser. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. These can be removed by following the instructions in your Internet browser’s help file.

6.2 To help us provide better service, we sometimes collect anonymous information from visits to our websites through the use of “web beacons.” These do not access your personal data, but rather allow us to log users who have visited our websites. This anonymous information is sometimes known as “clickstream data.” We or our vendors may use this data to analyze trends and statistics to help us provide better customer service. If you do not want your transaction details used in this manner, see the paragraph above on cookies.

6.3 We allow third-party companies to collect certain anonymous information when you visit our websites. These companies may use non-personally identifiable information during your visits to our websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third-party web beacon to collect this information.

6.4 Links: For links to organizations not affiliated to us, we are not responsible for the privacy practices or the content of such websites. We recommend you review the terms and conditions of use and privacy policies in place on such websites.

7. Your Rights

7.1 Under the PDPA you, as the data subject, are entitled to:

1) Request access to, or copies of, your personal data processed by the Company.

2) Request transfer of your personal data, in a form collected by us and readable, usable, and disclosable in an electronic format, to another party (the Company reserves the right to charge you a fee, the amount of which is at our discretion.)

3) Object to the collection, use, and/or disclosure of personal data to the extent permitted by law.

4) Have your personal data deleted, destroyed, or anonymized by any method permitted by law.

5) Requester your personal data from further use by any method unless the law provides otherwise.

6) Withdraw your consent given us at any time, unless otherwise restricted by law or contracts. Your withdrawal will not extend to personal data to which you have granted consent for processing.

7) File a complaint with the competent officer authorized under the PDPA in the event that you believe we have violated, or do not comply with, the PDPA.

7.2 We will endeavor to maintain the accuracy and completeness of your personal data. When there is a change or modification to your personal data or when you detect that your personal data is incorrect, you have the right to make corrections thereto.

7.3 The exercise of your rights specified above must comply with law. The Company reserves the right to refuse any request on grounds permitted by law. In the event that we deny your request, the request and reasons for denial will be recorded in the personal data processing record as required by law.

7.4 To exercise your right, you may contact us via the contact information provided hereunder. We will process your request and then inform you of the result within 30 days from the date of receiving your request. Where we refuse your request, you will be informed accordingly.

8. Administration, Management, Protecting and Retaining Your Information

8.1 We will retain your personal data for as long as it is necessary to fulfil the purposes specified in this Privacy Policy and may retain your personal data as long as agreed on in the contract, or in accordance with accounting standard, prescription periods, legal obligations, or establishment or exercise of legal claim as permitted by the law.

8.2 We will take reasonable efforts to ensure that your personal data is accurate and complete, if your personal data is likely to be used by the Company to make a decision that affects you, or disclosed to another organization. However, this means that you must also update us of any changes in your personal data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete personal data arising from you not updating us of any changes in your personal data that you had initially provided us with.

8.3 The Company sets out measures to ensure the proper security of personal data, which cover the security of data stored in a form of a document, electronic system, computer system, or any tools. Such security measures include administrative safeguards, technical safeguards, and physical safeguards. It is carried out following international standards so that you can be confident in the Company’s personal data security system.

8.4 We will also put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control

8.5 We will also put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.

8.6 Where your personal data is to be transferred out of Thailand, we will comply with the PDPA in doing so. In this regard, this includes us taking appropriate steps to ascertain that the foreign recipient organization of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the Act. This may include us entering into an appropriate contract with the foreign recipient organization dealing with the personal data transfer or permitting the personal data such a contract if the PDPA or law permits us to.

9. Updates to this Privacy Policy

We reserve the right to alter, adjust, and/or modify this Privacy Policy in order to comply with applicable guidelines, laws, and regulations. We may update this Privacy Policy from time to time. If we change our Privacy Policy, we will post the revised version here, with an updated revision date.

10. How to Contact Us

If you have any questions, grievances or complaints, or comments about this Privacy Policy and/or the handling of your personal data by us, please contact our Data Protection Officer at:
Address: Phloen Chit Human Resource Solution Recruitment Co., Ltd. 898 Phloenchit Tower, 5th Floor, Phloenchit Road, Lumphini, Pathumwan, Bangkok 10330

If you have any questions, grievances or complaints, or comments about this Privacy Policy and/or the handling of your personal data by us, please contact our Data Protection Officer at:
Address: Phloen Chit Human Resource Solution Recruitment Co., Ltd. 898 Phloenchit Tower, 5th Floor, Phloenchit Road, Lumphini, Pathumwan, Bangkok 10330

 

Email: cs@phsolution.co.th

Please note that for any resumes or job applications sent to this mailbox will NOT be attended as this mailbox is solely for purposes of personal data protection related feedback.