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Devasom KHAOLAK

Privacy Policy for Employees and Job Applicants

Privacy Policy for job applicants, and employees including their family members, and referral person

This Privacy Policy was last updated on 1st June 2022.

Devasom Resorts, comprising Devasom Global Co., Ltd. as well as its affiliates, subsidiaries and related entities (“Devasom” or “we”) has established and disclose this Privacy approach to explain how we process personal data of our job applicants, and employees including their family members, and referral person (“You”), since the protection of your personal data is of great importance to us. We process your personal data in accordance with the applicable regulation relating to personal data protection, in particular the Personal Data Protection Act B.E. 2562 (“PDPA”).

  1. Personal Data collected

Regarding the PDPA, personal data means any information relating to an individual, which enables the identification of such individual, whether directly or indirectly, but not including the information of the deceased persons in particular.

We collect the following personal data for processing to achieve the purposes as herein with the legal basis provided for in the PDPA. 

1.1. General Personal Data

  • Personal information: name, surname, signature, gender, date of birth, age, marital status, identity card information, passport information, driving license information, household registration information, other relevant documents issued by government organizations, etc.
  • Contact information: address, telephone number, e-mail address, social media account
  • Job application information: information appeared in the Resume Curriculum (CV), Letter of application, etc.
  • Education information: education background, education transcript, any relevant test results, working license
  • Working information: previous job information
  • Payment information: bank account information and other payment and billing information
  • Other information: Videos and Images caught on CCTV cameras at our premises, military information
  • Family member information: Spouse’s, children’s, mother’s, father’s, beneficial person’s personal data 
  • Referral person: name, surname, address, phone number 

In the event that, the Company collects third parties’ personal data from you, please inform this Privacy policy to such person before submitting their personal data to us.

1.2. Sensitive Personal Data

In addition, we may process your personal data of a sensitive nature, in accordance with special criteria provided for in the PDPA.

  • Religious belief appeared on your identification card
  • Health information
  • Biometric data
  • Criminal records
  • Labour union information
  1. Information from Third Parties

Sometimes, we receive information about you from third parties. In particular, we may receive information about you from other sources, such as the recruitment agency, the recruitment websites, the company which you used to work for, your family member, your referral person, your social media account, and government organizations.

  1. Purposes of Personal Data Processing Activities

We collect, use, or disclose your Personal Data for various purposes depending on relationship between you and Devasom as follows:

3.1. Job applicants

  • To proceed as necessary with considering and selecting job or trainee applicants and other relevant procedures, such as recruiting, either from the Company’s recruitment channel or the channel of the Recruitment Company, interviewing, selecting, or offering available position to you 
  • To check your backgrounds and qualifications before an employment under applicable laws including checking your background with your referral person
  • To perform human resource management including disclosing your information with the person relating with recruiting processes, preparation of the employment agreement, and other internal procedures to conduct the employment
  • To control access to the buildings and premises for security reason, and to observe, prevent, deter, and (if necessary) investigate unauthorized access to buildings and premises for the purpose of monitoring security of the buildings and premises of the Company, including the recording of the person contacting the Company through the CCTV camera
  • To record your information in the Company’s database for future selection

3.2. Employees

  • To proceed with an employment or trainee agreement between you and the Company as well as other agreements in relation to the employment such as a non-disclosure agreement, policy and work rules, including the amendment of such agreement
  • To communicate with employees and trainees, evaluate your work performance, provide trainings, and activity invitation for employees
  • To perform human resource management including managing and complying with an employment agreement between you and the Company such as administering remunerations, welfares and benefits, administering your advance expenses, administering your borrowing of the Company’s property, registering for social security fund, provident fund, and group insurance, administering leaves, administering warning issuance, administering your training session, administering your annual health check-up, administering your resignation, and etc.
  • To allow you to proceed your working obligations under your employment agreement
  • To manage your health and safety such as providing annual health check-up, providing health insurance or other insurance, and claiming the compensation under insurance policy, etc.
  • To verify your identity, such as issuing your employee card
  • To comply with relevant regulations such as tax laws, social security laws, and labour laws and to manage risks and undertake internal prevention, audit and administration to comply with laws, and to report information to government authorities as required by laws or upon receiving an order or a writ of attachment from the authority
  • To control access to the buildings and premises, and to observe, prevent, deter, and (if necessary) investigate unauthorized access to buildings and premises for the purpose of monitoring security of the buildings and premises of the Company and to monitor safety of employees and assets of the Company through the CCTV camera
  • To record your information in the Company’s database

3.3. Your Family members and Referral persons

  • To provide the employees with welfares and benefits such as providing group insurance
  • To contact your family members or referral persons to check your background and your information
  • To contact your family members or referral persons in case of emergency incidents
  • To control access to the buildings and premises, and to observe, prevent, deter, and (if necessary) investigate unauthorized access to buildings and premises for the purpose of monitoring security of the buildings and premises of the Company and to monitor safety of employees and assets of the Company through the CCTV camera
  1. Retention Period         

We will retain your personal data for as long as necessary to fulfill the aforementioned purposes for obtaining and processing your personal data. Specific criteria used to determine our retention periods are the duration we have an ongoing relationship with you, the compliance with applicable laws, the compliance with legal prescription to exercise the rights to legal claims or defend against the rights to legal claims and the necessity of retaining the personal data for other legal or business reasons. 

Please kindly be ensured that the retention of personal data after the expiry date of retention period will only occur only in the necessary circumstance. When the retention period has ended or the retention of such data is no longer necessary (whichever is applicable), we will destroy or erase such data from our system. 

  1. Legal basis

The legal basis for the processing of your personal data is as follows:

  • When required by the law, a consent shall be obtained;
  • When the processing activity is necessary for the performance of contractual obligations to perform contractual obligations between you and us;
  • When the processing activity is required for the pursuit of legitimate interests of Devasom;
  •  When the processing activity is required for the compliance with our legal obligations or
  • When the processing activity is necessary for vital interests.

You have the right to withdraw your consent at any time by the method separately designated by us at the timing of obtaining your consent. However, your withdrawal of consent will not affect the legality of processing conducted based on your consent before its withdrawal. 

We will notify you separately, if the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as the possible consequences of failure to provide such data. 

  1. Disclosure of Personal Data

We may share your Personal Data with the following third parties for the purposes listed above:

  • Devasom Resorts’ (including its subsidiaries and affiliated companies) employees: to comply with our internal procedures;
  • Government authorities, or other authorities as stipulated by laws, including competent officials, e.g., courts, police officers, the Revenue Department, the Social Security Office, the Department of Labour Protection and Welfare, the Department of Skill Development, etc.
  • Agencies, service providers and/or sub-contractors for their implementation and procedures, for example, IT company, payment gateway service provider, accounting company, tax consultants, legal consultants, and work permit agency company
  • Other necessary organizations, such as hospitals, insurance company, training institute, bank, provident fund company, etc.
  1. International Transfers

As a result of the aforementioned sharing and disclosure, in some cases your personal data will be transferred to the recipient company in other countries with an appropriate safeguards by executing with the transferee the standard data protection causes including Binding Corporate Rules or Data Processing Agreement (if any or whichever is appropriate) pursuant to the PDPA, unless the data transferred country has appropriate data protection standard as prescribed by the Personal Data Protection Committee or we obtain your consent pursuant to the PDPA. If you wish to receive a copy of documentation related to these safeguards, please inquire using the contact details at the end of this privacy policy.

  1. Security of Personal Data

Devasom Resorts have implemented the necessary technical and organizational measures, in compliance with legal requirements, with the aim of protecting the Personal Data, ensuring confidentiality in accordance with the principles laid in this policy.

In case where Devasom assigns any third party to process your personal information pursuant to the instructions given by or on behalf of Devasom, Devasom shall appropriately supervise such third party to ensure your personal information protection in accordance with the PDPA.

  1. Personal Data Rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. To exercise any of the following rights please submit a request to the address indicated below:

  • Right of access: You have the right to obtain from us confirmation as to whether or not Personal Data concerning you is processed, and, to request access to the Personal Data. Please note that this is not an absolute right, and the interests of other individuals may restrict your right of access;
  • Right to rectification: You have the right to obtain from us the rectification of inaccurate Personal Data about you and where applicable, you have the right to complete such information, including by means of providing a supplementary statement;
  • Right to erasure (“right to be forgotten”): Under certain circumstances, you have the right to obtain from us the erasure of Personal Data concerning you, and we may be obligated to erase that Personal Data;
  • Right to the restriction of processing: Under certain circumstances, you have the right to obtain from us restriction of processing your Personal Data. In that case, your data will be marked and may only be processed by us for certain limited purposes;
  • Right to data portability: Under certain circumstances, you have the right to receive the Personal Data about you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that data to another entity without hindrance from us;
  • Right to be subjected to automated decision-making: Under certain circumstances, you have the right not to be subject to solely data-based, automated decision-making (including profiling) that produces any legal or similar material effect on you;
  • Right to object: Under certain circumstances, and at any time, you have the right to object, on grounds relating to your particular situation, to the processing of your Personal Data by us, and we can be required to no longer process your Personal Data; and
  • Right to lodge complaints: Where permitted by applicable law, you also have the right to lodge a complaint with a competent data protection supervisory authority.

If you intend to exercise any of the aforementioned rights, please inquire using the contact details at the end of this policy. Such requests will be dealt with as quickly as possible. We will request a copy of a valid identification document to confirm your identity, before making any changes.

  1. Amendment

We may change this Privacy Policy from time to time, in order to reflect changes in the law and/or our privacy practices. You can tell when this privacy policy was last updated by looking at the date at the top of the privacy policy. The changes will apply to the use of the site after such notice.

  1. Contact Us

Should you have any queries about this Privacy Policy, or exercise your rights please contact us:

Devasom Khao Lak Resort
79 Moo 3 Khuk Khak Beach, Takuapa, Phang nga, Khao Lak, Thailand 82220
Phone: (+66)76 592277
Email: data.protection@devasom.com

Devasom Hua Hin Resort
1446/23 Petchkasem Road (KM 207), Huaisaitai, Chaam-Hua Hin, Hua Hin, Thailand 76120
Phone: (+66)32 442789
Email: data.protection@devasom.com

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