PRIVACY NOTICE FOR EMPLOYEES
This Privacy Policy explains how Accord Corporation Ltd. (“Accord”, “we”, “us” or “our”), collects, uses, and discloses (“process” or “processing”) your Personal Data in the course of our business, in accordance with the Personal Data Protection Act (A.D.2019) (“PDPA”).
We advise you to read this Privacy Policy in its entirety.
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When does this Privacy Policy apply to you
This Privacy Policy applies to you if you are the employee of Accord, whether being permanent employee, temporary employee, contractor, or former employee (“Employee”).
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What types of Personal Data does Accord collect from you?
(a) Accord collects various types of your Personal, which can be used to identify you, either directly or indirectly (“Personal Data”), including your full name, nickname, contact address, present company and address, telephone number, mobile phone number, office phone number, personal email address, office email address, date of birth, age, gender, marital status, place of birth, nationality, educational background, professional license number, driving license number, training course, previous working experience, and picture (photo), images and motion captured by our CCTV installed at Accord, username to access systems of Accord, including any other Personal Data, which you may voluntarily provide to Accord during the recruitment process prior to become an Employee of Accord.
(b) Accord collects your health-related data which includes medical certificate, illness, health check result, sick leave records, disability, and fingerprint, which are categorized as Sensitive Personal Data. Furthermore, Accord may also collect Sensitive Personal Data contained in your national identification card, i.e. data pertaining to religion and/or blood type.
(c) Accord also collects the Employee’s family data, business referees, and emergency contact person, whereby the Employee shall warrant that the Employee has proper and informed consent or other lawful legal basis for providing the Personal Data of other person(s) to Accord.
(d) Generally, Accord collects Personal Data directly from the Employee. However, in certain circumstances, Accord may collect or receive your Personal Data from third parties such as online public sources, third party vendors who provide services relating to criminal or screening check, hospitals, insurance companies, court orders, court judgments, order of the competent authorities, and any other governmental agencies.
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Why does Accord collect and process your Personal Data?
(a) Consent:
a. Accord processes Sensitive Personal Data of Employee as described herein this Privacy Policy for various purposes, including, without limitation to, provide the Employee with benefits and welfares, to support the Employee’s request for sick leaves or other employment-related request, to reimburse for the Employee’s medical expense. Accord also processes your fingerprint in order to grant you an access right to the premises, including warehouse, of Accord, and to check your working times.
b. Accord may publish your photograph on public domain such as on Accord’s website, newspaper or other social media.
c. The Employee may withdraw his/her consent at any time, subject to the conditions under the applicable laws. Withdrawal of consent will not affect any processing of your Personal Data for which you have lawfully provided consent prior to such withdrawal.
(b) Contractual Necessity:
a. Accord processes Personal Data of Employee in order to determine the terms of employment contract, scope of works, position, salary, remunerations, benefits, welfares, employment term, and any other purposes related to the establishment and management of employment relationship, including to enter into an employment contract, to perform contractual obligations therein, and to arrange and provide appropriate trainings for the Employee.
b. Accord processes Personal Data of Employee in order to generate employment identification number, employment code, and username and password to access systems of Accord for the purposes of performing duties under the employment contract.
c. Accord processes Personal Data of Employee in order to manage and grant access rights within the premise of Accord, and access rights to the systems pursuant to the position of the Employee as indicated in the employment contract.
d. Accord processes Personal Data of Employee in order to assess Employee’s work performance, attendance and disciplinary record, and to evaluate the performance of the Employee, and to review and assess salary, remuneration, benefits and entitlements of the Employee.
e. Failure to provide required or necessary Personal Data may result in Accord being unable to perform its obligations under the employment contract, or to proceed with any of the Employee’s request in relation to the employment contract, either in part or in whole. Further, the Employee may not be able to receive benefits or entitlements under the employment contract.
(c) Legal Obligation:
a. To comply with applicable law or regulation, both domestic and foreign, and to comply with order of the court, competent authorities, and/or government agencies.
b. If the Employee is not a Thai citizen, Accord may process Personal Data of such Employee to apply for a work permit and appropriate visa in order to enable the Employee to work in Thailand legally.
c. Sensitive Personal Data of the Employee pertaining to his/her disability will be collected and disclosed to the authority as required by applicable law.
d. Failure to provide required or necessary Personal Data may result in Accord being unable to perform its obligations or duties as the employer, either in part or in whole, or it may cause Accord and/or the Employee to be in violation of applicable law or regulation, or order of the court, competent authorities, and/or government agencies.
(d) Legitimate Interest:
a. Accord processes Personal Data of Employee in order to provide support and facilitation to the Employee when performing duties under the employment contract, including, without limitation to, arranging for a business card for the Employee.
b. Accord processes Personal Data of Employee in order to provide appropriate or necessary training for the Employee during the course of employment with Accord, both within and outside Thailand, and to arrange a flight, accommodation, and/or visa, as necessary.
c. Accord processes Personal Data of Employee to detect, investigate, and prevent fraud, criminal activity, or violation of employment contract, or other policies, rules and regulations of Accord. This includes the recording of your images and motions while visiting Accord’s premise by using the CCTV. The use of the CCTV is also for the purposes of protecting interests, rights, properties and personnel of Accord.
d. Accord may collect Personal Data when gathering information and evidence relating to the Employee’s disciplinary or misconduct. The record of any disciplinary or misconduct will be retained by Accord for an appropriate period as an evidence shall such conduct be replicated.
e. Accord may process Personal Data of Employee for internal purposes, e.g. to update the list of new and resigned employees to relevant persons and/or entities.
f. Accord processes Personal Data of Employee to manage, examine and develop its information technology systems, and to ensure the adequate level of the security of its systems.
g. Accord processes Personal Data of Employee during exit interview to analyze the reasons of resignation and to determine and implement appropriate strategies or actions to be undertaken.
(e) Legal Claims: Processing of Personal Data of Employee when it is necessary for the establishment, compliance, exercising or defense of legal claim by Accord.
(f) Vital Interest: Processing of Personal Data of Employee when it is necessary to protect the vital interest, including where the Employee have an accident or serious illness.
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Where does Accord collect your Personal Data?
(a) Directly from you: We normally collect your Personal Data directly from you (the “Data Subject”), throughout your employment term with Accord.
(b) Third Parties: We may also collect your Personal Data from online public sources, third parties such as your provided business referees, insurance companies, court orders, court judgments, order of the competent authorities, and any other governmental agencies.
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To whom does Accord Disclose Your Personal Data?
(a) Accord discloses Personal Data of the Employee to its affiliates or regional offices outside Thailand for the purpose relating to your employment with Accord, including to review, assess and record your salary, remunerations, benefits and welfare under the employment contract.
(b) Accord may disclose your Personal Data when required to do so under applicable law or in response to the order or the competent authorities, government agencies, and/or courts, both in Thailand and overseas, including, without limitation to, the Social Security Office, the Revenue Department, the Department of Skill Development, Ministry of Labor, Immigration, the Food and Drug Administration, and the Ministry of Public Health.
(c) Accord may disclose Personal Data of Employee to the third parties in the circumstances where the Employee has voluntarily given consent to such third parties to contact Accord, including where the Employee applies for loan or financial products with the financial institutions.
(d) Accord discloses Personal Data of Employee to any person or entity who provide services to Accord in connection with Accord’s business operations, including, without limitation to, the auditors, accounting firms, payroll service providers, provident fund providers, insurance companies, and the company which issue a fleet card.
(e) Accord may disclose Personal Data of Employees to the travel agents, accommodations, and/or other similar types of persons or entities in certain circumstances, both within and outside Thailand, in order to arrange for a flight and accommodation for you during trainings or business trips.
(f) Accord may disclose Personal Data of Employee to third parties in connection with a change of ownership of Accord, or any of its assets or properties.
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Where does Accord transfer your Personal Data?
We regularly transfer your Personal Data to our affiliates and regional office which are located outside Thailand, including the United States of America and Australia. Accord also may transfer your Personal Data to third parties who provide services and/or products to Accord which are located outside Thailand. Those destination countries may not have adequate Personal Data protection measures or standards as required by your local Personal Data protection laws or regulations. However, Accord will ensure to transfer your Personal Data with due care by implementing adequate security measures to protect your Personal Data, and we will also require the third parties to treat your Personal Data consistent with this Privacy Policy and applicable laws and regulations.
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For how long does Accord retain your Personal Data?
Accord will retain Personal Data of the Employee for the entire term of your employment with us, and for a period of 10 years after your resignation or termination of employment, unless otherwise prescribed by applicable laws or regulations.
Where we process your Personal Data in connection with a legal obligation, your Personal Data will be retained for the duration of the prescribed legal retention period, as stipulated under the applicable law.
Where we process your Personal Data solely with your consent, your Personal Data will be deleted, destroyed, or de-identified, subject to the requirements and conditions prescribed by the applicable law.
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What are your rights in relation to your Personal Data?
You are entitled to:
(a) Request to have access to and obtain a copy of your Personal Data, and to request the disclosure of the source of the Personal Data, in the event that your Personal Data was collected without your consent;
(b) Receive your Personal Data in a commonly used and machine-readable format, and to have your Personal Data in said format transmitted to another Data Controller;
(c) Request that your Personal Data be deleted, destroyed, or de-identified;
(d) Object to the collection, use, and disclosure of your Personal Data, and especially where such collection, use, or disclosure is for direct marketing purposes;
(e) Request that the processing of your Personal Data be suspended;
(f) Request that your Personal Data be corrected, updated, or completed;
(g) Withdraw your consent at any time, provided that there is no other legal ground for Accord to continue with the processing of your Personal Data; and
(h) Lodge complaints to the competent authority.
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Change to this Privacy Notice
Changes in this Privacy Policy will be notified to you via email or post we will give you the opportunity to express your consent for processing your Personal Data for different and new purposes, or we will in any case inform you about the legal basis of such processing other than consent. The time stamp you see on the policy will indicate the last date it was revised.
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How can you contact us?
At Accord, we are committed to apply this privacy policy and the accountability principle. For this reason, if you have any privacy concern or questions about how your Personal Data is collected and processed, and how to exercise the rights to your Personal Data, please feel free to contact us.
33 2-8 Soi Rong Mueang 4,
Rong Mueang Sub-district, Pathumwan District,
Bangkok, Thailand
Email Address: dpo@accordhenryschein.com
Contact No.: 02-119-4900 ext. 3104Or you may contact our Data Protection Officer at: (if required):
Ms. Kulkalaya Rukawat
Contact No.: 02-119-4900 ext. 3104We will promptly respond and make everything possible to address your concern.