PRIVACY POLICY

THAILAND

Your privacy is important to Hays

Your privacy is important to us. This statement outlines Hays Recruitment (Thailand) Ltd. Privacy policy on how we collect personal data and how we maintain, use, store, transfer and disclose the personal data we hold and reflects our commitment to you. It applies to all operations within (‘Hays’) in Thailand, including visitors to our website.

It is the policy of Hays to respect the confidentiality of data and the privacy of individuals. Hays are bound by the Personal Data Protection Act 2019 and all subsidiary laws on personal data protection (collectively ‘PDPA’).

The Hays privacy policy will be reviewed and updated from time to time to take account of new laws and technology, changes to our operations and practices and to make sure it remains appropriate to the changing environment. Please regularly check our privacy policy so that you are aware of these updates and changes. Any personal data we hold will be governed by the most current version of the Hays privacy policy.

The Hays privacy policy is based on transparency

We are committed to being open and transparent about how we manage personal data and we will not use your personal data without your consent unless permitted under the PDPA.

Types of personal data held by Hays

Personal data means any type of information relating to you and which enable your direct or indirect identification. It includes data regarding your contact details, work experience, qualifications, aptitude test results, opinions about your work performance (eg references), incidents at the workplace, and other data obtained or received by us in connection with your possible and actual work placements.

Sensitive information

Sensitive information is a special category of personal information under the PDPA. This policy applies to all data we process about you and may include some data about your physical or mental health or condition, political opinions, religious or similar beliefs, commission or allegations of an offence and other sensitive personal data. References to personal data in this policy include such sensitive personal data.

When and how personal data is collected

Standard personal data collection

We may collect personal data about you when:

You complete one of our application forms or provide any other data in connection with your application
We receive any reference about you
We receive results of inquiries that we might make of your former employers, work colleagues, professional associations or registration body
We receive the results of any competency or medical test or any background check
We receive any complaint or other data from or about you in the workplace
We receive any data about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you were involved
We receive any data about a workplace accident in which you are involved
You provide us with any additional data about you

This policy applies to all data we process about you and may include some data about your physical or mental health or condition, political opinions, religious or similar beliefs, commission or allegations of an offence and other sensitive personal data. References to personal data in this policy include such sensitive personal data.

General data collected from visitors to our website

We gather data about all our website users collectively, such as what areas users visit more frequently and what services users access the most. We only use such data anonymously and in the aggregate. This data helps us determine what is most beneficial for our users and how we can continually create a better overall website experience for you.

Your personal data collected on the website or Hays offices

In some instances, we may need specific data about you, such as name, address, email address, telephone number etc. We will collect this data if you apply for a job or sign up for a service via our website. We may also ask you for other data such as the types of jobs you are interested in and your workplace concerns in order to provide you with the best possible service and internet experience. Where you visit a Hays office personal data may be collected from you in our visitor database and/or visitor log book, which includes but is not limited to your name, job title or designation, employer company or organization, government identification details, contact information such as your email address, telephone number, information regarding your visit to our offices or premises, date and time, photograph, etc. Should the building have CCTV or surveillance systems located, static or moving imagery via CCTV or surveillance systems may be collected by building management, however, will not be collected, stored or disclosed by Hays.

Purposes for which we collect, use and disclose personal data

We have the intention to collect, use and disclose your personal data in connection with:

Your actual or possible work placement, providing recruitment services and considering any application
Retaining data to be able to consider you for a suitable position in future
Career guidance or management
Your performance appraisals
Our assessment of your ongoing performance and prospects
Any test or assessment (including medical tests and assessments) that you might be required to undergo
Our identification of your training needs
Informing you of possible work opportunities, relevant candidates, or other events such as training or data sessions by direct mail/email/SMS
Our direct marketing (including business development using your telephone number) to you
Marketing and candidate or profiling activities in connection with our services
Any workplace rehabilitation
Our management and resolution of any complaint, inquiry or investigation in which you are involved
Any insurance claim or proposal that requires disclosure of your personal data
Undertaking or handling criminal background checks
Taking your references and conducting appropriate investigations into the information you have provided
As required by law or regulation
Receiving and responding to billing enquiries
Processing of payments
Providing client directed services and functions
Internal archive or record keeping purposes
For management, research, development, benchmarking, statistical analysis, business systems and infrastructure testing, and other business purposes to assist us in providing our services to you
Other purposes directly related to any of the above

Except for the purpose of marketing, our collection and processing of your personal data is obligatory. If you do not give us the personal data we seek:

We may be limited in our ability to locate suitable work for you
We may be limited in our ability to place you in work

As such, we generally cannot offer you the choice or means of limiting the processing of personal data in certain ways. In any event, we will not use your data without your consent unless permitted under the PDPA, and you can withdraw your consent for us to process your personal data at any time.

Legal basis for our collection, use and disclosure of personal data

The legal basis for our use of your personal data is one of the followings:

Compliance with a legal obligation to which we are subject
The performance of a contract to which you are a party
A legitimate business interest that is not overridden by interests you have to protect the information
Where none of the above applies, or where law requires it, your consent (which we will ask for before we process personal data)

Disclosures

We may disclose your personal data (including to trusted third parties) from time to time for the purposes for which it is primarily collected, used or held or for a related secondary purpose. Your personal data may be disclosed to:

Potential and actual employers and clients of Hays
Hays employees and potential employers located in Australia, Belgium, Brazil, Canada, Chile, China, Czech Republic, France & Luxembourg, Germany, Switzerland & Austria, Hong Kong, Hungary, India, Ireland, Italy, Japan, Malaysia, Mexico, Netherlands, New Zealand, Poland, Portugal, Singapore, Slovakia, Spain, Sweden & Denmark, Thailand, UAE, United Kingdom, USA (and any other countries where Hays may provide its services in the future) regarding possible work placements or to assist us in providing our services to you
Referees
External providers of on-line training and induction
Our insurers and brokers
Central Provident Fund
A professional association or registration body that has a legitimate interest in the disclosure of your personal and sensitive data
A Workers Compensation and social security body
Any person with a lawful entitlement to obtain the data
Trusted third parties including but not limited to:

Auditors
Property landlords
Credit reference agencies
Government authorities
Suppliers and/or service providers
Current, past and prospective employers
Other recruiting agencies
Institutionalised financial organisations

This may include transferring your personal data to a location or country which may not offer the same level of protection of personal data as Thailand.

We do not disclose data about your individual visits to the Hays’ website.

Hotjar

This website uses services provided by Hotjar Ltd. Hotjar provides services including Heatmaps, Visitor recordings, Funnels and Form Analysis, Feedback Polls, Surveys and Recruiters. The data generated by the tracking code and cookie about your use of the website will be transmitted to and stored by Hotjar on servers in Ireland. Through the Hotjar tracking code the data collected includes:

Device-specific data

The following personal data may be collected through your device and browser:

Your device's IP address (collected and stored in an anonymized format)
Your email address (if made available to us)
Your first name and surname (if made available to us)
Device screen size
Device type (unique device identifiers) and browser data
Geographic location (country only)
Preferred language used to display the webpage

Log data

Our servers automatically record data which is created upon using Hotjar. Data includes:

Referring domain
Pages visited
Geographic location (country only)
Preferred language used to display the webpage
Date and time when website pages were accessed

Hotjar will use this data for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Hotjar uses a variety of services hosted by third parties, such as Google Analytics and Optimizely. These services may collect data sent by your browser as part of a web page request, such as cookies or your IP request. For data on how Google Analytics and Optimizely collect and use your data, please refer to their privacy policies. By continuing to use this website, you consent to the processing of the above data by Hotjar and by the third parties used by Hotjar in accordance with their respective privacy policies. The cookies used by Hotjar have differing durations; some are 365 days; some persist for the session only.

To opt out please go to the following link: https://www.hotjar.com/opt-out

Management of personal data

At Hays, we train our staff to respect the confidentiality of customer data and the privacy of individuals. Hays regard breaches of your privacy very seriously and any breach will result in disciplinary action being taken, dependent upon severity. Hays have appointed a Privacy Officer to ensure that our management of personal data is in accordance with this policy and the PDPA.

How do we store and protect personal data?

Safeguarding the privacy of your data is important to us, whether you interact with us personally, by phone, mail, over the internet or other electronic medium. We hold personal data in a combination of secure computer storage facilities and paper-based files and other records and take such steps as are reasonable in the circumstances to protect the personal data we hold from misuse, interference and loss, unauthorised access, modification or disclosure. We may need to maintain records as long as your personal data is necessary in connection with the purposes set out in this privacy policy for a significant period of time and to comply with legal, regulatory or internal policy requirements. However, when we consider data is no longer needed, we will remove any details that will identify you or we will securely destroy the records.

How do we keep personal data accurate and up-to-date?

Hays takes such steps as are reasonable in the circumstances to ensure that the personal data it holds and discloses is accurate, up-to-date and complete. We recognise that data changes frequently with changes of address and other personal circumstances. We generally update your customer data over the telephone or via email. Please advise your consultant when your personal details change.

If you have created a profile with Hays via our website, you are able to review and edit your personal data at any time by logging into your account and reviewing your profile. You can delete your personal data or close your account by contacting the Privacy Officer. If you do choose to close your account with Hays, Hays may retain personal data from your account as and where required by law.

Enquiries & complaints

You can make enquiries, requests to exercise your rights to access, data portability, object, erasure, restriction, rectification or withdraw consent under the PDPA, or complain about alleged breaches of the PDPA to our Privacy Officer:

Thailand
Data Protection Officer
Email: privacy@hays.co.th

We aim to resolve all complaints within 30 days. This may not be possible in all circumstances depending on the contents of the complaint. In this situation, we will respond to your complaint in a reasonable time. If you are not satisfied with our response to your complaint, you can contact the Personal Data Protection Committee.

Access

Subject to some exceptions, you can gain access to the personal data that we hold about you.

We may refuse access if it would adversely affect the privacy rights and freedoms of other persons, pursuant to a court order or in compliance with any relevant laws or regulations.

To make a request to access your personal data, you will need to complete an application form verifying your identity and specifying what data you require. Please contact our Privacy Officer for an application form. We will respond to your request within 30 days (in compliance with applicable laws and regulations) after the request is made and provide access to the data in the manner requested, if it is reasonable and practicable to do so.

We may impose a moderate charge in providing access. Our Privacy Officer will discuss this with you. You should also anticipate that it may take time to process your application for access as there may be a need to retrieve data from storage and review it in order to determine what personal data is relevant.

Correction

Subject to some exceptions, you may request that we correct the personal data that we hold about you if you deem it to be inaccurate, incomplete, out-of-date, irrelevant, or misleading. We will take reasonable steps under the circumstances to correct the data as soon as practicable.

If we refuse to correct your personal data as we are satisfied on reasonable grounds that a correction should not be made, we will notify you in writing of the reasons detailing our refusal to correct the data and the process for escalation regarding this refusal (if any). Should we refuse your data correction request, we shall annotate your personal data with the correction that was requested but not made. If you wish to exercise your rights of correction you should contact our Privacy Officer for an application form or otherwise comply with the applicable statutory requirements. We will not charge you for making the request to correct your data or annotating your personal data with the correction that was requested but not made.

Erasure, destruction or anonymisation

Subject to some exceptions, you may request that we erase, destroy or anonymise the personal data that we hold about you.

If you wish to exercise your rights of erasure, destruction or anonymisation, you should contact our Privacy Officer for an application form. We will not charge you for making the request to erase, destroy or to anonymise your personal data.

Please note that, in certain circumstances, we may be required to retain some of your personal data after you have requested erasure, destruction to satisfy our legal or contractual obligations or for the purpose of freedom of expression. We may also be permitted by applicable laws to retain some of your personal data to satisfy our business needs.

Data portability

If you wish, you have the right to transfer your personal data between data controllers. In effect, this means that you are able to transfer your Hays account details to another online platform, provided that it is technically feasible to do so. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data to another online platform. Alternatively, we will directly transfer the data for you. Your rights to data portability shall be in accordance with the requirements under the PDPA.

If you wish to exercise your rights as stipulated above, you should contact our Privacy Officer. We may impose a moderate charge in accommodating to this request. Our Privacy Officer will discuss this with you.

Withdraw consent

Where we have obtained your consent to process your personal data for certain activities (for example, in order to use cookies in certain jurisdictions), you may withdraw this consent at any time and we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose in which case we will inform you of this condition.

Object to data processing

If you wish, you have the right to object to us processing your personal data for direct marketing, scientific, historical, research, or statistical purposes or where we process your personal data based on our or third parties’ legitimate interest or public interest, except in the event we can demonstrate compelling legitimate grounds, or the processing of your personal data is carried out for establishment, compliance with or exercise of the legal claims or defence of any legal claims.

If your objection relates to direct marketing, we must act on your objection by ceasing this activity.

Restrict processing

If you wish, you have the right to request that we restrict our processing of your personal data in the following circumstances:

a) Pending examination process of your correction request

b) Pending verification process of your objection request

c) you wish that we restrict the use of your personal data instead of its’ erasure or destruction

d) you would like us to retain your personal data only for the purposes of the establishment, compliance, or exercise of legal claims, or the defence of legal claims

This means that we can only continue to store your data and will not be able to carry out any further processing activities with it. However, we will continue to process your personal data upon completion of your correction request and if we have rejected your objection request in accordance with any relevant laws or regulations.

If you wish to exercise any of your rights as stipulated above, you should contact our Privacy Officer. Our Privacy Officer will discuss with you if a moderate charge will be imposed by us for you to exercise such rights.

Feedback

Hays have several areas on our website where you can submit feedback, under the ‘contact us’ section. Any feedback that is submitted through this area becomes the property of Hays. We may use this feedback, such as success stories or responses to surveys, for marketing purposes, or to contact you for further feedback on the site.

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For candidates using Hays Globalink services, please refer to our UK privacy policy here.

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