Privacy Notice

Privacy Notice of Sermsang Power Corporation PLC.

Sermsang Power Corporation PLC and its Affiliated Companies (collectively referred to as the “Company”) respect your privacy rights and recognize the importance of protecting your personal data. To ensure that your personal data is safeguarded, the Company has prepared this Privacy Notice to inform you of the details regarding the collection, use, disclosure, management, deletion, and destruction of your personal data across all channels, in accordance with the applicable data protection laws, as follows:

1. Definitions

For the purposes of this Privacy Notice, “you” refers to the data subject whose personal data is processed by the Company, including but not limited to:

  • Shareholders, bondholders, and their authorized representatives
  • Website visitors and users
  • Customers, business partners, and other individuals engaged in business relations with the Company
  • Job applicants, their family members, or any other individuals whose information has been provided by the applicant
  • Directors, executives, employees, personnel, agents, or individuals in equivalent positions of
  • Juristic persons and affiliated companies that are customers of the Company
  • Business partners and entities engaged in business relations with the Company
  • Directors, executives, employees, and personnel of the Company
  • Participants in training sessions, seminars, study tours, community engagement programs, or other corporate activities
  • Any individuals involved in or associated with the Company’s operations and activities

“Company” refers to Sermsang Power Corporation PLC and its Affiliated Companies.

“Affiliated Companies” refer to companies established by Sermsang Power Corporation PLC, in which Sermsang Power Corporation PLC holds, directly or indirectly, at least 50% (fifty percent) of the registered capital, as listed among its subsidiaries in Thailand and foreign countries.

“Personal Data Protection Law” refers to the Personal Data Protection Act B.E. 2562, including all relevant subordinate regulations and any future amendments thereto.
“Personal Data” refers to any information related to an identifiable natural person, whether directly or indirectly, but does not include information regarding deceased persons, as defined by the Personal Data Protection Law.
“Processing” refers to any operations performed on personal data, whether by automated or non-automated means, including but not limited to collection, records, organization, storage, modification, retrieval, consultation, use, disclosure (through transmission, transfer, dissemination, or any other means), alignment, combination, restriction, blockage, erasure, or destruction.
“Personal Data Controller” refers to a natural person or legal entity that determines the purposes and means of the collection, use, or disclosure of personal data.
“Personal Data Processor” refers to a natural person or legal entity that processes personal data on behalf of, or under the instructions of Personal Data Controller, provided that such person or entity does not act as Personal Data Controller.

2. General Information

This Privacy Notice is issued to provide clarification on the management and processing of personal data that the Company collects from you. It outlines the purposes for which your data is collected, used, disclosed, and/or transferred (collectively referred to as “Processing”), the retention period for such personal data, your rights and choices as a data subject, and the Company’s contact details should you have any inquiries.

As the Company operates in Thailand, the Processing of your personal data is subject to and must comply with Thailand’s Personal Data Protection Law.

3. Collection and Receipt of Personal Data

The Company collects and receives your Personal Data through various channels, as follows:

  1. Personal Data provided directly by you: You may provide Personal Data directly to the Company in various circumstances, such as completing any forms on the Company’s website or through other designated channels, submitting inquiries or requests, and providing documents on your Personal Data to the Company. This may occur once you contact the Company to access services, request pitching documents or proposals, enter transactions or contracts with the Company, submit documents or copies thereof on your Personal Data. This also includes your request for information, provision of feedback, or submission of complaints via telephone, email, fax, postal mail, or other means.
  2. Personal Data automatically collected by the Company: The Company may automatically collect certain technical information on your device, activities, browsing behavior, and website usage history through cookies and similar technologies. For more details, please refer to the Company’s Cookie Policy.
  3. Personal Data obtained from third parties: The Company may receive your Personal Data from external sources, including but not limited to publicly available information, the company that you are positioned in, employees or authorized representatives acting on your behalf, government agencies or regulatory bodies, or other reliable public sources such as websites or information accessible via the internet.

When collecting your Personal Data, the Company will provide you with the details set out in this Privacy Notice, including but not limited to the legal basis for collecting, using, and/or disclosing Personal Data in accordance with applicable laws. Where required by the Personal Data Protection Law, the Company will obtain your explicit consent before processing your Personal Data.

4. Personal Data Collected

The Company collects Personal Data under this Privacy Notice, which pertains to the following categories of data subjects:

  1. Shareholders, bondholders, and their authorized representatives – This includes natural persons who are shareholders or bondholders of the Company, as well as individuals acting as proxies or authorized representatives on their behalf.
  2. Website visitors and users.
  3. Business partners and individuals engaged in business relations with the Company – This includes natural persons who sell or provide products and/or services to the Company or become parties to or otherwise involved in any contractual relationships with the Company. This category covers business partners, sellers, suppliers, service providers, contractors, consultants, and other similar persons. It also includes natural persons who are associated with or represent a legal entity that is a business partner, such as executives, directors, employees, agents, representatives, or other related individuals. Additionally, this category extends to individuals whose Personal Data appears in any documents related to transactions between the Company and such legal entities, including coordinators, shippers, and check issuers.
  4. Customers – This includes natural persons who purchase or intend to purchase products and/or services from the Company, as well as individuals who contact the Company to inquire about its products and/or services, including those who receive information about the Company’s offerings through various media, and persons who are targeted by marketing and promotional activities related to the Company’s products and/or services. This category also includes natural persons who are associated with or represent a legal entity that is a customer, such as executives, directors, employees, agents, representatives, or other related individuals. Additionally, this can be individuals whose Personal Data appear in documents related to transactions between the Company and such legal entities, including coordinators, purchasers, recipients of goods, and check issuers.
  5. The Company’s Personnel – This includes natural persons who are employees, workers, or individuals performing work for the Company, including directors, managers, executives, experts, and any individuals who receive salaries, wages, benefits, or other compensations directly from the Company. This category also includes family members of the Company’s personnel.
  6. Job applicants – This includes natural persons who have applied or provided personal background information to the Company, either in writing or verbally, for the purpose of applying for a job or internship as an employee, worker, or trainee, but not yet having been selected by the Company. This category also includes family members of the job applicant and any other persons whose information has been provided by such job applicant.
  7. Participants in Training, Seminars, Study Tours, and Other Activities – This includes external individuals who participate in training sessions, seminars, study tours, community relations activities, or other activities organized by or in association with the Company.
  8. Other Individuals Involved in the Company’s Activities and Operations

The Personal Data collected and processed under this Privacy Notice includes data provided directly to the Company by you or automatically collected by the Company or received by the Company from third parties, such as:

General Personal Data

  1. Name and Identification Details, e.g. title, first name, initials, middle name, last name, name change history, and signature
  2. Personal Attributes, e.g. date of birth, age, gender, photographs, nationality, marital status, and family member information
  3. Government-Issued Identification Information, e.g. passport number and copy, national ID card number and copy, driver’s license number, vehicle registration number, professional license number, alien registration number, house registration details, social security number, and any other identification numbers issued by government authorities
  4. Contact Information, e.g. residential address, house registration copy, phone number, email address, social media contact details, and emergency contact information
  5. Financial Information, e.g. bank account numbers and tax-related information
  6. Company Interaction Data, e.g. records of dates, times, and locations of interactions with the Company, as well as image and/or audio recordings made during such interactions
  7. Education, Training, and Employment Information, e.g. educational and training history, academic transcripts, qualification certificates, grades or GPA, education level, language proficiency, professional license information (license number, issuance date, expiration date, and renewal details), employment data, employment starting date, , training and testing records conducted by the Company or relevant organizations, certifications, diplomas, work history, and salary or wages
  8. Participation in Company Activities, e.g. event registration, still image recordings, video and/or audio recordings, or other types of motion recordings
  9. Participation in Company Meetings which may involve the recording of still images, videos, and/or audio during such meetings
  10. Other Necessary Information for background checks, suitability assessments, or risk evaluations before entering into transactions, as well as legal proceedings or enforcement actions
  11. Health Screening Information
  12. Recordings of images and/or audio captured through closed-circuit television (CCTV)
  13. Technical Information, e.g. website and system access records; computer traffic data (Log files); communication and interaction records between you and other users; device and network information, including device identifiers, computer IP addresses, device IDs, device types, mobile network data, and connection details; geolocation data; browser type and system login/logout records; application or website history, as well as referring websites accessed before and after visiting the Company’s platform; system usage history, login logs and transaction records (Transaction Logs); user behavior analytics, access statistics, access times, search history, and use of system functions; data collected through cookies or similar tracking technologies
  14. Other Personal Data, such as personal preferences, interests, opinions, suggestions, and complaints

Sensitive Personal Data

As a general principle, the Company does not intend to collect or process Sensitive Personal Data for any specific purposes. However, if the Company finds it necessary to process Sensitive Personal Data for any purposes that cannot be justified under a legal basis, the Company will obtain your explicit consent in advance. The Sensitive Personal Data that the Company may process includes, but is not limited to:

  1. Religious Data
  2. Criminal Records
  3. Health-related Information, Medical Examination Results, Disabilities
  4. Biometric Data, such as Finger scan

If the Company collected your Personal Data prior to June 1, 2021, the Company will process such data in compliance with the Personal Data Protection Law.

5. Purposes and Legal Basis for the Collection, Use, and Disclosure of Personal Data

5.1   The Company processes your Personal Data for the following purposes (collectively referred to as the “Specified Purposes”) under the following legal bases:

  • To perform contractual obligations where you are a party to a contract with the Company, or to take pre-contractual steps at your request prior to entering into such a contract.
  • To comply with applicable laws, regulations, official announcements, or regulatory requirements governing the Company’s operations.
  • To process Personal Data where it is necessary for the legitimate interests of the Company or individuals or juristic persons other than the Company.
  • To prevent or mitigate risks to an individual’s life, body, or health.
  • When the Company is unable to rely on the legal bases specified above, your explicit consent will be obtained before processing your Personal Data. If the Company specifically requests your consent for certain Personal Data, it will be processed strictly in accordance with the purposes notified to and consented to by you. Additionally, the Company will process Sensitive Personal Data only when permitted by law or with your explicit consent.

5.2   The Company processes your Personal Data for the purposes specified in Section 5.1, particularly when required for legal compliance, fulfilling contractual obligations, or where it is necessary to enter into a contract with you. Your Personal Data is essential for achieving these purposes. If you do not provide the required Personal Data, it may result in legal consequences, or the Company may be unable to perform its contractual obligations or enter into an agreement with you, as applicable. In such cases, the Company may be required to decline entering into a contract with you or terminate the provision of related services, either in whole or in part.

5.3   If the Company intends to process your Personal Data for purposes not specified in this Privacy Notice, the Company will issue an additional Privacy Notice explaining the intended use of your Personal Data. You are encouraged to review any such supplementary Privacy Notice alongside this Privacy Notice.

6. Disclosure of Personal Data

6.1   The Company may disclose your Personal Data for the specified purposes and in compliance with legal requirements to the following entities and individuals:

  1. Government agencies, regulatory authorities, or other agencies as required by law, including officials authorized to exercise legal powers, government agencies, regulatory bodies, or any other organizations mandated by law to receive such information
  2. Subsidiaries, Affiliated Companies, and group companies
  3. Alliances, trading partners, counterparty, contractors, subcontractors, service providers, service recipients, and/or entities involved in operational support services
  4. Personal Data Processors engaged by the Company to take responsibility for providing services or managing Personal Data, including but not limited to the development, enhancement, or maintenance of security standards for operational systems and IT infrastructure; management of payment systems and financial or accounting audits; human resource management; and other services that may be beneficial to you
  5. External parties authorized or consented to access by you, use, or disclose your Personal Data

6.2   The Company will only disclose your Personal Data to third parties for the Specified Purposes or other purposes permitted by law. In cases where legal provisions require your consent, the Company will obtain your explicit consent before proceeding with the disclosure.

6.3   If the Company discloses your Personal Data to any third parties, the Company will implement appropriate security measures to ensure the protection of the disclosed Personal Data and to comply with the standards and obligations set forth by the Personal Data Protection Law.

6.4   If the Company submits or transfers your Personal Data to a foreign country, the Company will take necessary measures to ensure that the submission or transfer reaches a destination country, international organization, or overseas recipient that maintains adequate Personal Data protection standards. In some cases, the Company may seek your explicit consent before transferring your Personal Data abroad, as required under the Personal Data Protection Law.

7. Duration of Retention of Personal Data

7.1   The Company will retain your Personal Data for the period necessary to achieve the Specified Purposes for which it was collected and processed. The retention period may vary, depending on the specific purpose of collection and processing.

7.2   The Company will retain Personal Data for the duration required by applicable laws, taking into account business practices relevant to each category of Personal Data. Once the retention period expires, the Company may permanently delete, remove, or anonymize such Personal Data from its storage systems or databases without providing prior notice to you.

8. Rights of Personal Data Owners

As the owner of Personal Data, you have the following rights regarding your Personal Data, subject to the criteria, methods, and conditions as prescribed by the Personal Data Protection Law. If you wish to exercise any of these rights, you may contact the Company using the contact details provided in Section 11 (Contact Information) below.

8.1 Rights to Access Personal Data

You have the right to access your Personal Data and request that the Company provide you with a copy of such Personal Data. You also have the right to request that the Company disclose the source from which your Personal Data was obtained, including details regarding the collection, use, and disclosure of your Personal Data without requiring your consent, as permitted by the Personal Data Protection Law.

8.2 Rights to Data Portability

You have the rights to request that your Personal Data be provided in a generally readable or usable format by automated tools or devices. You also have the rights to request that your Personal Data be transmitted or transferred in such a format to another Personal Data Controller or to yourself, unless it is technically infeasible, as stipulated by the Personal Data Protection Law.

8.3 Rights to Object to the Processing of Your Personal Data

You have the rights to object to the processing of your Personal Data, and the Company will comply with your request under the following circumstances:

(a) If the Company relies on legitimate interests (whether its own or a third party’s) or the public interest as the legal basis for processing your Personal Data, unless the Company can demonstrate compelling legitimate grounds that outweigh your rights or the processing is necessary for the establishment, exercise, or defense of legal claims.

(b) If the Company processes your Personal Data for direct marketing purposes.

(c) If the Company processes your Personal Data for scientific, historical, or statistical research purposes, unless such processing is necessary for the performance of a task carried out in the public interest.

(d) If you choose to object to the processing, please specify whether you wish to have your Personal Data erased or whether you prefer that the Company cease processing such Personal Data.

8.4 Rights to Erasure of Personal Data

You have the rights to request that the Company erase or anonymize your Personal Data under the following circumstances:

(a) Your Personal Data is no longer necessary for the Specified Purposes for which it was collected and processed.

(b) You withdraw your consent, which served as the legal basis for the collection and processing of your Personal Data, and the Company no longer has a legal authority to continue such processing.

(c) You have objected to the processing of your Personal Data in accordance with Section 8.3 or

(d) The collection or processing of your Personal Data has been conducted unlawfully.

The above cases shall not apply where the processing of Personal Data is necessary for the exercise of the rights to freedom of expression; preparation of historical or statistical records; performance of a task carried out in the public interest; compliance with a legal obligation to achieve preventive or occupational medicine purposes or for the public interest in public health; establishment, exercise, or defense of legal claims; or compliance with applicable laws.

8.5 Rights to Restrict Processing of Personal Dataal data

You have the rights to request that the Company temporarily suspend the processing of your Personal Data in the following cases:

(a) The Company is in the process of verifying the accuracy of your Personal Data upon your request.

(b) Your Personal Data qualifies for erasure or destruction under Section 8.4, but you instead request a restriction of its use.

(c) The Company no longer needs to process your Personal Data, but you require it to be retained for establishing, compliance, exercising or defense of legal claims or.

(d) The Company is in the process of verifying under Section 8.3 (a) or investigating under Section 8.3 (c) to reject your objection under Section 8.3.

8.6 Rights to Rectification of Personal Data

You have the rights to request for the correction of your Personal Data if it is inaccurate, outdated, incomplete, or misleading.

8.7 Rights to Withdraw Consent

If the Company relies on your consent as the legal basis for processing your Personal Data, you have the rights to withdraw your consent at any time while your Personal Data remains in the Company’s possession.

8.8 Rights to File a Complaint

If you have concerns or inquiries regarding the Company’s processing of your Personal Data, you may contact the Company using the contact details provided in Section 11 (Contact Information) below. In the event that the Company violates the Personal Data Protection Law, you have the rights to file a complaint with the Personal Data Protection Commission.

The Company will make every reasonable effort, within the capabilities of its systems and operations, to facilitate and process your request promptly. However, the Company may decline to act on your request if the request imposes an unreasonable burden on the Company; poses a risk to the privacy rights of other individuals; contravenes applicable laws; or impractical or impossible to comply with the request under the given circumstances.

9. Security of Personal Data Storage

The Company has implemented appropriate mechanisms, technologies, and security measures for Personal Data storage in compliance with the Personal Data Protection Law and other applicable regulations. The Company also enforces access controls to limit the retrieval of your Personal Data to only authorized employees, personnel, and agents, thereby preventing unauthorized use, disclosure, destruction, or access to your Personal Data.

10. Links to Third-Party Websites, Products, and Services

The Company’s Services may contain links to third-party websites, applications, products, and services, which may collect certain information regarding your use of these services. This Privacy Notice applies exclusively to the Processing of Personal Data for the Specified Purposes by the Company. The Company does not assume responsibility for the security or privacy of any Personal Data collected by such third-party websites, applications, products, or services, even if you access them through links provided on the Company’s Services. You are encouraged to exercise cautions and review the privacy policies and Personal Data protection policies of these third-party websites, applications, products, and services.

11. Contact Information

If you have any questions regarding this Privacy Notice or wish to exercise your rights as outlined herein, you may contact the Company using the following contact details:

  • Sermsang Power Corporation Public Company Limited

    325/14 Lan Luang Road, Si Yaek Mahanak Subdistrict, Dusit District, Bangkok 10300
  • Tel. +66 2 628 0991-2
  • E-mail: info@sermsang.co.th

12. Applicable Law

This Privacy Notice shall be governed by and interpreted in accordance with the laws of Thailand. The Thai courts shall have exclusive jurisdiction over any disputes arising from or in connection with this Privacy Notice.

13. Changes to the Privacy Notice

The Company may update or modify this Privacy Notice from time to time to reflect changes in the Processing of Personal Data and to comply with amendments to the Personal Data Protection Law or other applicable regulations. The Company will notify you of any material changes through appropriate channels. However, the Company recommends that you periodically review this Privacy Notice to stay informed of any updates.

This Privacy Notice shall take effect on February 27, 2025.

Sermsang Power Corporation Public Company Limited

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