Privacy Notice For Job Applicants and Personnel

Sumitomo Heavy Industries (Thailand) Ltd

1. General Provisions

Sumitomo Heavy Industries (Thailand) Ltd. (“Company”) places great importance on the protection of personal data so that you can be confident that the Company will protect and treat your personal data in accordance with the Personal Data Protection Act B.E. 2562 (2019).

The Company, therefore, has prepared a Privacy Notice for processes related to job applicants, personnel, persons related to personnel or job applicants (“Notice”) to clarify details, methods for managing and processing personal data that the Company receives from you, including explaining the purposes for collecting, using, disclosing, as well as the period for keeping such personal data and your rights in personal data owner status. The Company recommends that you read and understand the various regulations under the Notice. The details are as follows:

2. Definition

“Company”
means Sumitomo Heavy Industries (Thailand) Ltd.

“You”
means job applicants, personnel, former personnel, directors, executives, and any other persons related to the Company’s personnel or job applicants.

“Personal Data”
means any information relating to a Person, which enables the identification of such person, whether directly or indirectly, but not including the information of the deceased Persons in particular.

“Data Processing”
means any operation or set of operations that is done to personal data or sets of personal data, whether by automatic means or not, such as collecting, recording, organizing, structuring, preserving, changing or modifying, receiving, considering, using, disclosing by transmission, dissemination or any other act which results in the availability, placement or combination, restriction, deletion or destruction.

“Sensitive Personal Data”
means Any collection of 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 affect the data subject in the same manner, as prescribed by the Committee.

“Data Controller”
means a person or a juristic person having the power and duties to make decisions regarding the collection, usc, or disclosure of the Personal Data.

“Data Processor”
means a person or a juristic person who operates in relation to the collection, use, or disclosure of the Personal Data pursuant to the orders given by or on behalf of a Data Controller, whereby such Person or juristic person is not the Data Controller.

Personal Data Protection Law”
means the Personal Data Protection Act B.E 2562 (2019) and related secondary laws and shall include any future amendments to the law.

3. Group or type of person that the Company collects personal data

Under this Notice, groups or categories of data subject that the Company collects and processes personal data include:

3.1) Job applicants, which means people who may be selected as personnel of the Company. The Company may collect personal data of job applicants directly or receive it from outside parties.

3.2) Persons related to the job applicant means people related to the job applicant and includes people whose personal data appears in documents related to the relevant process, such as family members (such as fathers, mothers, spouses, and children, etc.), persons who can be contacted in an emergency, and character references.

3.3) Personnel, which means people who work or perform any duties for the Company and receive wages, benefits, or other compensation, regardless of name, from the Company in return for work, such as directors, executives, managers, employees, personnel, interns, or any other persons with similar characteristics, but not including contractors or service providers who are business partners of the Company.

3.4) People related to personnel or job applicants, which means people related to the Company’s personnel or job applicants and shall include people whose personal data appears in documents related to the relevant process, such as family members (such as fathers, mothers, spouses, and children, etc.), persons who can be contacted in an emergency, and character references, beneficiary etc.

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 that you provide directly to the Company.
You may provide personal data directly to the Company, such as when you submit a job application and application documents to the Company, whether by coming into the office, applying for a job through an external website, and including cases where you enter job interviews, entering into contracts with the Company, and delivering documents containing your personal data to the Company, etc.

(b) Personal data that the Company Collected from you automatically.
The Company may receive your personal data automatically, such as storing video recording data via closed-circuit television (CCTV) and information on your website usage history (Browsing) automatically using cookies and other similar technologies. You can study more details in the “Cookies Notice” of the Company.

(c) Personal data that the Company received from outsiders.
The Company may receive your personal data from third parties such as third-party job websites, your references, employment agencies or job applications, and/or documents of people who are related to you as a family member, a person you can contact in an emergency, a reference person, a beneficiary.

4.2 In collecting your personal data, you will be informed of the details specified in this announcement, including but not limited to purposes and legal bases for collecting, using, disclosing, and/or processing personal data. If it is the case that the Personal Data Protection Law requires that any processing of personal data requires your consent, the Company will request your explicit consent.
4.3 If the Company has collected your personal data before the date the law on personal data protection regarding the collection, use, or disclosure of personal data comes into effect, the Company will continue to keep, collect, and use your personal data for the original purpose. You can withdraw your consent by contacting the Company using the contact details specified in clause11 of this Notice.
5. Personal data Collected
Your personal data that is collected and processed under this Notice, whether it is personal data that you provided directly to the Company or personal data that the Company has collected from you automatically, or personal data that the Company has received from outsiders, including:

Personal Data for Job Applicants

1. Personal data such as first name, last name, date/month/year of birth, age, gender, weight, height, national identification card number, photograph, signature, nationality, marital status, military status, etc.

2. Contact information such as address, telephone number, email, etc.

3. Information about education and training, such as education and training history, certificates of qualifications, transcripts, language abilities, special abilities or expertise, and training information, etc.

4. Information about job applications such as personal history, work history, information appearing in a resume/CV, position applied for, expected salary, job interview information, various evidence or references, and information appearing in the interview evaluation form, etc.

5. Information used as evidence in job applications, such as personal data that appears in a copy of your national ID card, copy of passport, copy of name and surname change form, copy of house registration, copy of military conscription certificate, copy of academic transcript, copy of driver’s license, photograph, employment certificate, etc.

6. Sensitive personal data, such as religion, health examination results.

Personal Data for Employees

1. Personal data such as first name, last name, date/month/year of birth, age, gender, weight, height, national identification card number, photograph, signature, nationality, marital status, military status.

2. Contact information such as address, telephone number, email, etc.

3. Information about education and training, such as education and training history, certificate of qualifications, academic transcript, language ability, computer skills, training information, test data and activities participated during study, etc.

4. Information about job applications such as personal history, work history, information appearing in a resume/CV, position applied for, expected salary, job interview information, evidence or references, and information appearing in the interview evaluation form, etc.

5. Information used as evidence in applying for a job or doing various legal acts, such as personal data that appears in a copy of an ID card, a copy of a passport, copy of work permit, copy of visa, a copy of a name change certificate, a copy of a house registration, a copy of a military draft certificate, a copy of a bank account book, a copy of a marriage registration, a copy of a birth certificate, a vaccination certificate, results of physical examination before employment, insured registration form, employment contract, employment guarantee letter and related documents (such as position certificate, salary certificate, copy of trade registration, or company establishment document, etc.), and power of attorney, etc.

6. Information about work and evaluation such as employee ID, position, department, affiliation, chain of command, performance evaluation, work behavior, past results and/or awards received, training information, disciplinary punishment information, personnel resignation letter and reason for resignation, etc.

7. Information about benefits and compensation such as salary, wages, benefits, bonuses, details about gratuities, benefits, bank account numbers, information about beneficiaries, information about social security, tax information, tax deduction information, health benefit information and/or other benefits, personal data appearing on a medical certificate, annual health report, maternity leave notification form, welfare loan withdrawal form, letter of consent to deduct salary, receipt, invoice, claim form (for accident insurance and life insurance), and request for approval of benefits upon termination of personnel status for retirement, etc.

8. Information about registration statistics such as work start date, probationary due date, work day and time, number of hours worked, number of overtime hours, annual vacation, leave days, leave notification form, leave details with reasons for leave, company entry and exit records, and records of use of the Company’s various systems, etc.

9. Technical information such as computer traffic data (Log), IP address, and cookies, or other similar technologies, etc.

10. Other information, such as data recorded through CCTV cameras, etc.

11. Sensitive personal data such as religion, health information, disability information, and biometric data (such as fingerprints).

Personal Data for the Related Person

If you provide us with the Personal Data of other person, such as former supervisor information, spouse information, family information, information about acquaintances within the Company, emergency contact information, reference information, advisors, or beneficiaries of various welfare benefits. You must consent and inform them of the processing of personal data in accordance with this Notice before submitting such individuals’ information to the Company.

The Company would like to inform you that in the event that the Company is required to request a copy of identification documents such as national identification cards and passports, which may contain sensitive personal data such as religion or blood group, the Company does not intend to collect such information. Please cross out or redact that part of the information. If you do not do so, the Company considers that you have permitted the Company to cross out or redact that information and that the document is complete and enforceable in all respects.

6. Purpose and legal basis for processing personal data

6.1 The Company processes your personal data for various purposes under the following legal bases (collectively, “Personal Data Processing Purposes”).

No.ObjectivesLegal base
Applicants
1For the purpose of considering and selecting job applicants, which includes the application process through job application channels directly through us or employment service providers, the interview process, the selection evaluation process, the process of proposing an employment contract to you, and the process of managing other people in matters related to consideration and selection for employment.
  • Legitimate Interests
  • Contractual Basis
2For the purpose of communicating in case of necessity or emergency, such as checking job applicant’s information from specified references, checking previous job applicant’s work history, and notifying job applicants of dangerous situations, etc.
  • Legitimate Interests
3Recording CCTV images for the purpose of maintaining safety of people and property within the Company.
  • Legitimate Interests
Employees
1It is necessary to perform the contract that you are a party to with the Company or to carry out your request before entering into that contract or to carry out the business of the Company, such as hiring workers, employee registration, entering into a work guarantee, training, evaluating interviews or performance, recording working hours, leaves, paying wages, paying compensation, or other benefits, tax management, warning or disciplinary punishment, issuance of certificates, welfare management, consideration of company positions, transfers.
  • Contractual Basis
2To comply with laws related to the Company or to comply with orders of legal authorities such as labor protection laws, labor relations laws, social security laws, occupational safety, health and working environment laws, tax laws, including the withholding of salary or any other remuneration according to a warrant or order of the Legal Execution Department, the preparation of employee registration, the withholding of taxes, work permit and visa management, compliance with other laws, or legal proceedings related to the operations of the Company.
  • Legal Obligation
3To carry out necessary operations under legitimate interests without exceeding the extent that data subject can reasonably expect, such as CCTV recording, expense reimbursement, welfare and benefits allocation, access to a provident fund, organizing activities, organizing seminars, arranging facilities, training to develop skills and knowledge and abilities, internal audits, including management of any other related personnel.
  • Legitimate Interests
4For the establishment of legal claims, the performance or exercise of legal claims, or the defense of legal claims.
  • It is necessary for the establishment of legal claims, the performance or exercise of legal claims, or the defense of legal claims.
5Prevent or stop danger to the life, body, or health of a person, such as emergency contact, control and prevention of communicable diseases or epidemics, and public health benefits.
  • Prevent or stop danger to a person’s life, body, or health (Vital Interest).
6Storing sensitive data for human resources management services such as health data, biometric data (fingerprints, faces), and any other personnel management requiring consent.
  • Consent
Other people involved
1To contact and communicate with other relevant parties, including in the event of an emergency.
  • Legitimate Interests
6.2 This is because the Company will process your personal data for the purposes specified in clause6.1 above; where it is related to compliance with the law or contract or is necessary to enter into a contract with you, it is sufficient information to achieve such purposes. Suppose you wish to refrain from providing such personal data to the company. In that case, it may have legal consequences or may cause the company to be unable to perform its duties under the contract entered into with you or unable to enter into the contract with you (in some cases). In such cases, the Company may refuse to enter into a contract with you or provide related benefits or benefits to you, whether in whole or in part.
6.3 In the event that the Company will process your personal data in a manner and/or for a purpose that is not consistent with the purposes specified above, the Company will provide additional policy or notice regarding personal data protection to explain the data processing in such a manner. Please read additional related policies or notice with this Notice.
7. Disclosure of personal data
7.1 The Company may disclose your personal data for specified purposes and in accordance with legal criteria assigned to the following third parties:

(a) Departments within the company, executives, directors, employees and/or internal personnel of the company as relevant and necessary for processing your personal data, including sending or disclosing your personal data to affiliates of the same business or business abroad or storing your personal data on a computer server or Cloud of a service provider located abroad.

(b) Business partners, service providers, and personal data processors assigned by the Company or hired to perform personal data management/processing duties for the Company to provide various services such as information technology services, payment services, postal services, parcel delivery services, health services, insurance services, training services, or any other services that may be beneficial to you or related to the Company’s business operations such as commercial banks, hospitals, life insurance companies, training institutes, etc.

(c) The Company’s advisors, such as legal advisors, lawyers, auditors, internal auditors, insurance, or any other experts inside and outside the Company, etc.

(d) Government agencies that have legal supervision duties or that request the disclosure of personal data by virtue of law or in connection with legal processes or that are permitted by relevant laws, such as the Department of Labor Protection and Welfare, Department of Employment, Department of Skill Development Labor, Revenue Department, Social Security Office, Department of Provincial Administration, Department of Business Development, Office of the Personal Data Protection Board, Royal Thai Police, Office of the Attorney General, Courts, and Legal Execution Department, etc.

(e) Customers, partners, contractors that you are the person communicating or related to your duty or position, or any other person with a similar nature.

(f) Any other person or third party to whom you have given consent to disclose your personal data to such person or third party.

7.2 Disclosure of your personal data to others will be done only for specified purposes or other purposes required by law. In cases where the law requires your consent, the Company will ask for your permission first.
7.3 In disclosing your personal data to other persons, the Company will provide appropriate measures to protect the personal data that has been disclosed and to comply with personal data protection standards and duties as specified by the Personal Data Protection Act. In this case, when the Company sending or transferring your personal data abroad, the Company will take steps to ensure that the destination country, international organization, or recipient of the data abroad has adequate standards of personal data protection or to ensure that sending or transferring your personal data abroad is by the criteria stipulated by the Personal Data Protection Act. In some cases, the Company may ask for your consent to send or transfer your personal data to such foreign countries.
8. Personal Data Retention Period

The Company will retain your personal data for the period necessary to achieve the specified purposes for processing personal data. In addition, the Company will retain personal data for a period of time as required by relevant laws (if any), taking into account the legal statute of limitations for litigation that may arise from or relate to documents or personal data that the company collects in each item.

For job applicants who do not pass the selection process, the company will retain your personal data for a period not exceeding 6 months, and for employees, the Company will keep your personal data for a period not exceeding 10 years from the date the legal relationship between you and the Company ends. However, the Company may retain your personal data beyond this period if permitted by law, or such retention of personal data is necessary to establish the Company’s legal claims.

After the expiration of the above period, the Company will delete or destroy such personal data from the storage or systems of the Company and those of other persons who provide services to the Company (if any) or make your personal data non-identifiable unless it is the case that the Company can continue to retain such personal data as required by the Personal Data Protection Act or other related laws.

9. Your Rights as Data Subject
As Data Subject, you have rights as specified by the Personal Data Protection Act, B.E. 2562 (2019). You can request to exercise your rights through the channels specified by the Company in clause11. The rights are detailed as follows:

(a) Right to Withdraw Consent:
In the event that the Company asks for your consent, you have the right to withdraw your consent to process personal data that you have given consent to the Company unless the revocation of consent is limited by law or a contract that benefits you. (However, withdraw consent will not affect the lawful processing of personal data for which you have already given consent.)

(b) Right to Access Personal Data:
You have the right to request access and obtain a copy of your personal data, which is under the Company’s responsibility, including request the Company to disclose the acquisition of such personal data that you have not given consent to the Company.

(c) Right to Data Portability:
You have a right to request for sending or transferring of the Personal Data.

(d) Right to object to the collection, use, or disclosure of personal data:
You have the right to object to the processing of information about you in the case of collection, use, or disclosure of personal data about you as specified by law.

(e) Right to Erasure:
You have the right to request the Company to delete, destroy, or make personal data non-personally identifiable information as required by law.

(f) Right to Restriction of Processing:
You have the right to request the company to suspend the use of your information as required by law.

(g) Right to Rectification:
In the event that you consider that the information that the Company has is incorrect or you have changed your personal data, you have the right to request that the Company amend your personal data so that such personal data is correct, current, complete, and not misleading.

(h) Right to Lodge a Complaint:
You have the right to lodge a complaint to the official or authority in accordance with the Personal Data Protection Act B.E. 2562 if the Company violates or fails to comply with the PDPA.

10. Amendments to this Notification
The Company may amend and update this Notice from time to time. When such changes are made, the Company will notify you via the Company’s website and/or appropriate channels.
11. Contact
In the event that you have any questions or want additional details regarding the collection, use, or disclosure of personal data, exercising your rights, or having any complaints, you can contact the Company via the following channels:

Company name: Sumitomo Heavy Industries (Thailand) Ltd.
Address: Sumitomo Heavy Industries (Thailand) Ltd. 23rd Floor , Unit 2309-2310 Bhiraj Tower at Emquartier 689 Sukhumvit Rd., Klongton Nuea, Vadhana, Bangkok 10110
Telephone : 02-261-3720
Email : prapawadee.mongkuttong@shi-g.com

Announced on 8 January B.E. 2567

Akira Yokota
Managing Director