Privacy Policy

1. Introduction

Kleen-Tex (Thailand) Co., Ltd. (Hereinafter referred to as the “Company”) is aware of the importance of personal data and other relevant personal data (collectively referred to as “Personal Data“) to ensure that Kleen-Tex (Thailand) Co., Ltd. is transparent and accountable for collection, use, and disclosure of personal data under the Personal Data Protection Act

B.E. 2562 (“Personal Data Protection Act“) as well as other relevant laws. This Personal Data Protection Policy (“Policy“) has been established to declare and make clear about collection, use, or disclosure of personal data (collectively called “Processing”) adminsirated by Kleen-Tex (Thailand) Co., Ltd. including officers, relevant parties, and proxy who is authorized to act for/on behalf of the Company. The contents of the Personal Data Protection Policy are as follows:

2. Scope of Policy Enforcement

This Policy applies to the personal data of individuals who have been in the relationship with Kleen-Tex (Thai Land) Co., Ltd. at present and what may come in the future when personal data is processed by the officers, employees under the contract, business units, or other forms of entities operated by the Company, including contracting parties or third party who is responsible for processing personal data for/on behalf of the Company (“Data Processor“) under products and services, for example, websites, systems, applications, documents, or other forms of services controlled by the Company (collectively called as “Services“).

The persons in the relationship with the Company under the foregoing paragraph shall mean:

1) Officer, staff, employee
2) Business partners and service providers as an natural person
3) Director, authorized person, representative, proxy, shareholder, employee, or other persons having relationships with the Company in the same form of legal entity.
4) Visitor or user accessing to the website www.kmatonline.com or www.kleen-tex.co.th, including systems, applications, devices, or other communication channels controlled by the Company.
5) Other persons whom the Company collects personal data such as job applicants, employee’s family members, guarantors, beneficiaries in the case of social security, etc.
Item 1) – 5) collectively called “Data Subject“.

In addition to this Policy, the Company may require a Privacy Notice (“Notice”) for products or services provided by the Company to clarify to the data subject as user to be aware of the processed personal data for the purpose and legitimate reasons, the retention period of personal data, including the right to personal data that the data subject deserves in product or service exclusively.

However, if there arises a material conflict between the terms of this Privacy Notice and this Policy, the Privacy Notice for the respective services shall prevail.

3. Definition

Company means Kleen-Tex (Thailand) Co., Ltd.
Personal Data means any data of a natural person that is directly or indirectly identifiable , excluding data of the deceased.
Sensitive Personal Data means personal data as provided in Article 26 of the Personal Data Protection Act B.E. 2562, including data regarding race, ethnicity, political opinion, belief in ideology, religion or philosophy, sexual behavior, criminal record,
health information, disability, labor union data, genetic information, biological information, iris, fingerprints or any other
information that may have similar effect on the data subject as announced by the Personal Data Protection Committee.
Personal Data Processing means any processing of personal data such as collecting, saving, copying, organizing, retaining, updating, changing, using, restoring, disclosing, forwarding, publishing, transferring, combining, deleting, destroying, etc.

Data Subject means an individual who is the owner of the personal data that the Company collects, uses, or discloses data.

Data Controller means a natural person or juristic person who has the authority to make decisions about the collection, use, or disclosure of personal data.
Responsibilities: Data Controller and Data Processor

Responsibilities of Data Controller
– Provide data security measures
– Take action to prevent the non-related party from misusing or disclosing personal data
– Provide an audit system for the deletion or erasure of personal data
– Report personal data breach
– Appoint representatives domestically
– Prepare records

Data Processor means a natural or juristic person who processes, collects, uses, or discloses personal data by the instructions for or on behalf of the data controller. However, the person or juristic person who carries out such activities is not a data controller.

Responsibilities of Data Processor
– Take action, particularly by the instructions given by data controller unless such instruction is contrary to the law or any provisions for the Personal Data Protection Act
– Provide security measures including and notify the data controller of the occurrence of personal data violation
– Prepare and retain data processing transactions
– Appoint representatives domestically
– Process personal data that has been of non-compliance with instructions given by the data controller, the data processor is considered a data controller.

4. Sources of personal data collected or acquired by Kleen-Tex (Thailand) Co., Ltd. include:

  1. Personal data is directly collected by Kleen-Tex (Thailand) Co., Ltd. from the data subject through various service channels such as the application process, registration, job application, signing a contract, documents, surveys, or use of products, services, or other service channels controlled by the Company or when the data subject communicates with the Company at the office or through other communication channels supervised by the Company, etc.
  2. Personal data directly collected by Kleen-Tex (Thailand) Co., Ltd. from the data subject’s access to websites, other contractual or mission-based products or services, such as follow-up behavioral use of the website products or services of the Company through the use of cookies or from the application software on the device of the data subject, etc.
  3. Personal data directly collected by Kleen-Tex (Thailand) Co., Ltd. from sources other than the data subject, provided that such sources have authority, legitimate reasons, and has been consented from data subject to disclose personal to the Company, for example, connecting to digital services provided by public agencies for comprehensive public service to the data subject, receipt of personal data from other public agencies as the Company by its mission is responsible for providing a central information exchange center to support the operation of public agencies for public services through digital systems, including the necessity to provide services under the agreement where personal data may be exchanged with the agencies as contracting party.

In addition, it includes cases where the customers provide personal data of the outsiders to the Company. Thus, the customers shall be accountable for providing the outsiders with the content under this Policy or Product/Service Notice, as the case may be, as well as a requesting consent of the said outsiders if disclosure consent is required in disclosing personal data to the Company.

Nonetheless, if the data subject refuses to provide information necessary for the operation of the Company, this may result that the Company is unable in whole or in part to provide services, procurement, hiring, transacting, and/or doing any juristic acts with such data subject.

5. Legal obligations for personal data collection

Kleen-Tex (Thailand) Co., Ltd. determines legal obligations for personal data collection as deemed appropriate and in the context of the service provision. Legal obligations applied by the Company include as follows:

Legal Obligations
for Personal Data Collection
Description

Legal obligations for purpose of legal
compliance

To ensure that data controller may process the personal data of the other
persons in case where it has been proved as a necessity of legal compliance, and it must identify clearly that they are performing duties under the legal requirements or by the directives of the public agencies that have legitimate power, for examples;
– Labor Protection Act
– Work Health and Safety Act
– Social Security Act
– Communicable Disease Act
– Taxation Act
– Accounting Act B.E. 2543 and other related laws, and the execution of court orders, etc.

Legitimate Interest

For purpose of the legitimate interest of the Company and other persons whose benefits are no less important than the necessity of the legitimate interest, fundamental rights to personal data of data subject, for example, for purpose of securing the Company’s premises or for purpose of the
internal affairs of the Company, etc.
Vital Interest is a necessity of preventing or suppressing dangers to the body or health of individuals. To prevent or suppress dangers to life, body, or health of individuals, such as
providing services of applications for epidemic surveillance according to government policy, the notification on individual’s health information to the medical facilities for emergency treatment, etc.
Contract obligations for contract compliance Enabling the Kleen-Tex (Thailand) Co., Ltd. to perform the contract
obligations or to pursue on processes necessary to enter into a contract in which the customer is a contracting party to the Company, for example, hiring, undertaking for wage, entering into a Memorandum of Understanding or other forms of contracts, etc.

Historical, document, research, or statistics for the preparation of records, documents, research, or significant statistics

Enabling the Kleen-Tex (Thailand) Co., Ltd. to develop or support the preparation of records, documents, research or statistics as the Company may be assigned.
Consent according to customer consent For purpose of collection, use, or disclosure of personal data in the case
where the Kleen-Tex (Thailand) Co., Ltd. is required to obtain prior customer consent, provided that the Company shall notify the objectives of the collection, use, or disclosure of personal data, for example, collecting sensitive personal data under a specific purpose that does not meet the exceptions under Section 24 or 26 of the Personal Data Protection Act B.E. 2562, or products/services presentation and public relations of contracting party or business partner to customers, etc.

If Kleen-Tex (Thailand) Co., Ltd. is required to collect customer personal data for purpose of the contractual obligations, legal obligations, or a necessity of entering into a contract, and suppose the customer refuses to provide personal data or objection to processing for the aforesaid purposes, this may certainly preclude the Company from wholly or partly executing or providing services as to customer’s request.

6. Categories of Personal Data collected by Kleen-Tex (Thailand) Co., Ltd.

The Company may collect or acquire the following data and information as well as customer personal data, however, it depends on the services the customers have been serviced, or the context of customer relationship with the Company, as well as other considerations that apply to personal data collection. Typically, the Categories of Personal Data listed below are simply personal data collected by the Company. However, only information on products or services which the customers have been serviced or have been in a relationship with the Company shall apply.

Categories of Personal Data Description and Example
Personally identifiable information
(PII)
Any data that can uniquely identify a specific individual or personal data derived from government documents, for example, name title, first name, last name, middle name, nickname, signature, ID card number, nationality, driver’s license number, passport number, visa, work permit, house registration, occupational license number (for each occupation), insured’ ID number, social security number, etc.
Identification information Personally identifiable information allows a data subject to be potentially identified, for examples, date of birth, gender, height, weight, age, marital status, military service status, photography, spoken language, behavior, preferences, being bankrupt, incompetent, or quasi-incompetent ability, etc.
Contract information Contact information such as your home-based phone number, mobile phone number, facsimile number, e-mail address, postal address, username on social networks (Line ID, MS Teams, Zoom), residence map, etc.
Work and study information Information about employment, work history, and education backgrounds, such as employment type, occupation, rank, position, duties, expertise, work permit status, reference, tax ID number, work profile, work history, salary, start date, leave date, assessment results, employee welfare, and benefits of the property in possession, portfolio, bank account number, educational institution, educational qualification, academic performance results, graduation date, etc.
Sensitive personally identifiable
information
Sensitive personal data includes race, religion, disability, political opinions,
criminal records, biometrics (facial recognition), health information, etc.

7. Purpose of Personal Data Collection

Kleen-Tex (Thailand) Co., Ltd. collects customers’ personal data for multiple purposes, depending on the type of products or service or activity the customers have been serviced, as well as the nature of the customer-company relationship or considerations in each context primarily. The following purposes are simply a general framework for the Company’s use of personal data. Nonetheless, the purposes relating to products or services that the data subject has been in usage or the relationship only shall apply to the data owned by the data subject.

  1. To carry out the necessary actions regarding recruitment and employment consideration
  2. To check the qualifications of partners and clients that the Company has been assigned to achieve the purpose or a reason of necessity to exercise any legal rights, rules, regulations, or orders.
  3. To provide services and administrate the services provided by Company, including services obligations under a contract rendered to the contracting party or to fulfill the Company’s mission.
  4. To pursue the Company’s transactions
  5. To supervise, operate, monitor, examine and manage the services to facilitate and under the needs of the data subject
  6. To maintain and update data relating to the data subject, including documents referred to the data subject
  7. To prepare records of the personal data processing as required by law.
  8. To analyze data and resolve problems relating to the Company’s services
  9. To carry out the necessary actions for the internal management of the organization, including job applications, recruiting directors or holding positions, assessing the qualifications of applicants
  10. To prevent, detect, avoid and investigate frauds, security breaches, or forbidden and illegal activity that may cause damage to both the Company and the data subject
  11. To verify identity authentication and data when data subject signs up for using services of the Company or entering into contact for using service or the exercise of legal rights
  12. To assess and manage personal data risks
  13. To send notifications and order confirmation, communicate and notify the data subject.
  14. To prepare and deliver relevant and necessary documents or information
  15. To check how the data subject accesses to and uses the Company’s services both collectively and individually, and for research and analysis purposes
  16. Take the necessary actions in fulfilling the obligations that the Company is obliged to do with the governing body, tax authority, law enforcement, legal obligations of the Company
  17. To take the necessary actions for the legitimate interests of the Company or other parties, other juristic persons relating to the operation of the Company
  18. To prevent or halt any dangers to life, body, or health of persons including epidemic surveillance
  19. To prepare historical documents for the public interest, research, or statistics as assigned by the Company
  20. To comply with applicable laws, notices, orders, or legal proceedings, processing of data under a subpoena including the exercise of rights relating to data of data subject

8. Type of Persons that Kleen-Tex (Thailand) Co., Ltd. may disclose personal data

Under the purposes stated in Clause 7 above, Kleen-Tex (Thailand) Co., Ltd. may disclose personal data to the following parties. The following types of persons receiving information are only general disclosure framework applied by the Company, only the persons receiving the related information on products or services which data subject uses or gets involved with shall apply.

Type of Persons Receiving information Description
Government agency or authority to which the Company is
required to disclose information for legal proceedings or other important purposes (such as activities for public interest)
Law enforcement bodies or authorities having the power to
regulate or having other important objectives such as the Revenue Department, Social Security Office, Department of Labor Protection Welfare, Police Bureau, court, the Department of Disease Control, the Ministry of Digital Economy and Society, the Office of the Permanent Secretary, Prime Minister Office, Department of Consular Affairs, Legal Execution Department, and Student Loan Fund, etc.
Legal Action Committees of the Company As to the mission and business activities of the organization
such as preparing a power of attorney to contact various public and private agencies.
Contracting parties in dealing with
employee welfare of the the Company
Third parties procured by the Company in dealing with welfare such as
insurance companies, hospitals, companies responsible for payroll system, banks, financial institutions, call centers, etc.
Business partner The Company may disclose customer data to the parties which the Company has dealt with for the benefit of providing customer services, for example, service agencies that you contact through the services provided by marketing agencies, media agencies, financial institutions, online platform service providers, telecommunication service providers, etc.
Service Provider Kleen-Tex (Thailand) Co., Ltd. may assign a person or agency as a
representative service provider, or support the operation of the Company, for example, data storage service provider (e.g., Cloud, Document Warehouse), software developers, applications, websites, commercial document delivery providers, payment service providers, internet service providers, call centers, digital ID service provider, social media service providers, risk service providers, external consultants, and carriers, etc.
Other recipients Kleen-Tex (Thailand) Co., Ltd. may disclose customer data to the other
types of receiving parties such as the person in contact with the Company, family members, non-profit foundations, temples, hospitals, educational institutions or other agencies, etc. to deal with the Company’s services, training, accepting an award, philanthropy, donations, etc.
Public disclosure Kleen-Tex (Thailand) Co., Ltd. may disclose customer data publicly in case
of necessity.

9. Transmission or transfer of personal data overseas

In some cases, Kleen-Tex (Thailand) Co., Ltd. is required to transmit or transfer customer personal data oversea to provide services to the data subject, for example, to transmit data into Cloud with a platform or server abroad (e.g., Japan or the United States, etc.) to support information technology systems located outside Thailand. However, depending on the services provided by the agencies the customers have been using or involved in activities individually.

Nonetheless, while making this Policy, the Personal Data Protection Committee has not yet established the announcement on the list of Destination countries adequately according to personal data protection standards. Thus, when the Company is necessary to transmit or transfer customer personal data to any destination country, the Company under adequate personal data protection measures will process personal data transmitted or transferred in accordance with international standards or take any necessary action under the adequate conditions that data transmission or transfer has been achieved lawfully, including:

  1. To comply with laws that Kleen-Tex (Thailand) Co., Ltd. is obliged to transmit or transfer personal data abroad
  2. To inform the customers in case that the destination countries have fallen short of personal data protection standards as to the Announcement on the List of Countries required by the Personal Data Protection Committee.
  3. It is a contract obligation that the customer is a contracting party to Kleen-Tex (Thailand) Co., Ltd. or it is a customer’s request before entering into a contract.
  4. It is a contract obligation by Kleen-Tex (Thailand) Co., Ltd. has entered into a contract with person or juristic person for the benefit of the data subject.
  5. To prevent or suppress danger to life, body, or health of customers or other persons when the customer fails to give consent at that time.
  6. It is a necessity to carry out missions for the public benefit.

10. Retention Period for Personal Data

Kleen-Tex (Thailand) Co., Ltd. shall maintain and retain customer personal data as far it is necessary for data storage only as outlined in policies, announcements, or related laws. However, upon the termination of the retention period of personal data and the ending of the necessity for the aforementioned purposes, the Company shall delete and destroy customer personal data or make it no longer identifiable according to the personal data deletion format and standards announced by Personal Data Protection Committee or by the law or the international standards. However, in case of disputes regarding the exercise of rights or lawsuits related to personal data, the Company reserves the right to continue the retention of personal data until the dispute has been finalized and/or until the expiration of the term, or complete payment/compensation/indemnification, and until it shall follow the laws completely.

11. Services provided by the third party or sub-service provider

Kleen-Tex (Thailand) Co., Ltd. may assign or procure a third party (who processes personal data) to process personal data for/ on behalf of the Company, the third-party may render different services such as hosting, subcontracting, (outsourcing), or cloud computing service provider or other nature of works.

Assigning the third party as data processors, the Company shall provide arrangement specifying the rights and responsibilities for both the Company as data controller and the person designated by the Company to serve as data processor, as well as the scoping of the personal data processing and other related arrangements. The data processor is responsible for processing personal data to the extent it outlined in the agreement and under the Company’s instructions only, and data processing other than the specified purposes is prohibited.

If the data processor assigns the sub-service provider (sub-processor) to engage in processing personal data for or on behalf of the data processor, the Company shall execute the data processor to enter into the agreement between the data processor and sub-processor in the format and standards no less than the agreement made between the Company and data processor.

12. Personal Data Security

Kleen-Tex (Thailand) Co., Ltd. shall implement measures to protect personal data by restricting the right to access to personal data; only individual officials or persons who have been authorized or assigned are allowed to access to personal data, provided that such persons must strictly adhere to and comply with the Company’s personal data protection measures, and confidentiality clause for personal data security that they have been informed, occupied, or known during their performance under power and responsibilities. The Company has measures for personal data security both organizationally and technically that meet international standards and are in accordance with the Announcement required by the Personal Data Protection Committee.

In addition, upon transmission, transfer, or disclosure of personal data by the Kleen-Tex (Thailand) Co., Ltd. to a third party, whether be delivery of services under the obligations, agreements, or other forms of arrangements, the Company will determine measures for personal data security and confidentiality appropriately in accordance with the law to ensure that personal data collected and maintained by the Company shall be safe and secure at all times.

13. Data Protection Officer

Kleen-Tex (Thailand) Co., Ltd. has appointed a Data Protection Officer (DPO) to be responsible for reviewing, regulating, and advising on personal data collection, use, or disclosure as well as coordination and cooperation with the Office of the Personal Data Protection Commission in compliance with Personal Data Protection Act B.E. 2562.

14. Rights of Data Subjects under the Personal Data Protection Act B.E. 2562

The Personal Data Protection Act B.E. 2562 states the data subject’s right which it shall become effective upon Personal Data Protection Act comes into effect. Data subject’ s right includes:

  1. The right to be informed – the Company’s data controller must provide details and the purpose of collection, use, or disclosure of personal data to the data subject before or at the time of collection, provided that the data subject has the right to be informed about what and how personal data is collected and used, retention period, collection location and how to contact the data controller.
  2. The right to request access to personal data – the data subject has the right to request access to and receive copies of their personal data, request for disclosure of sources of personal data collected by Kleen-Tex (Thailand) Co., Ltd. without prior consent, except in the case where the Company has the right to refuse the request on the grounds of law or court order or in the case of exercising the rights of the data subject may affect or cause damage to the rights and liberties of other persons.
  3. The right to rectification and update of personal data if the data subject finds that their personal data is inaccurate, incomplete, or out of date, the data subject has the right to request for rectification, amendment, or update for purpose of avoidance of misunderstanding.
  4. The right to be forgotten or erasure of personal data – the data subject has the right to ask for their personal data to be deleted or destroyed or become no longer identifiable. Note that deletion or erasure of personal data may be subject to the conditions or exemptions based on certain laws. The Company will notify the consequences that may occur if The data subject requests for deletion or erasure, for instance, being out of service or inactiveness of necessary data processing, and it must not affect the Company’s service of transactions, hiring, employment, legal proceedings, the exercise of legal rights, and compliance with the law.
  5. The right to request a suspension of personal data usage – the customers may request the suspension of the personal data usage of the data subject in any of the following cases.
    a) During the period that Kleen-Tex (Thailand) Co., Ltd. inspects according to data subject’s request to
    rectification and update personal data.
    b) Personal data of the data subject is collected, used, or disclosed unlawfully.
    c) When the personal data of the data subject no longer needs to be stored for a collection purpose specified by the Kleen-Tex (Thailand) Co., Ltd., but the data subject wishes the Company to further keep the respective personal data in the support to the exercise of legal rights
    d) During a period that Kleen-Tex (Thailand) Co., Ltd. has been proving the justification in accordance with the law on collecting personal data of the data subject or investigating the need for collecting, using, or disclosing personal data for public interest due to the data subject has exercised the right to object to certain collection, use or disclosure of personal data.
  6. The right to restrict processing of personal data of data subject who has the right to restriction or suppression to the collection, use, or disclosure of personal data, except in the case that Kleen-Tex Company (Thailand) Co., Ltd. has legitimate grounds for refusing a request (for example, the Company demonstrates that collection, use, or disclosure of personal data of the data subject has more legitimate grounds or for purpose of forming a legal claim, compliance, or exercise of rights of legal claims, or for the public interest.
  7. The right to withdraw the consent that has been previously given by the data subject to Kleen-Tex (Thailand) Co., Ltd. to the collection, use, or disclosure of personal data (whether consent is previously given or after the effect of the Personal Data Protection Act B.E.2562), the data subject has the right to withdraw previously given consent at any time during the retention period by the Company unless there is a legal limitation on the Company’s rights in the necessity to further keep personal data or there exists the agreement between the data subject and the Company that benefits the data subject and/or for the Company’s exercise of legal rights and compliance with the laws.
  8. The right to receive, transmit, and transfer personal data – the data subject has the right to receive his/her personal data from Kleen-Tex (Thailand) Co., Ltd. in a machine-readable electronic format or generally-operated by automated devices or equipment, as well as the use or disclosure by automated means, and the data subject has the right to request for their personal data to be transmitted or transferred in the electronic formats to other data controllers. Note that there is not an absolute right and may be subject to the conditions and exemptions based on certain applicable laws.

15. Penalty of Non-compliance with the Personal Data Protection Policy

For officers or personnel of the Company

Non-compliance with this Policy may result in an offense and penalties under the regulations (for officers or personnel of the Company) provided by the Kleen-Tex Company (Thailand) Co., Ltd. or the Personal Data Processing Agreement (for data processors) as the case may be, and the Company and data-subject relationship may be subject to the penalties imposed by the Personal Data Protection Act B.E. 2562, including secondary laws, rules, regulations, and other related instructions.
For the third party

For the third party who has business ties such as trade partners, contracting parties, visitors, contractors, or subcontractors, non-compliance with the Personal Data Protection Act B.E.2562 shall be subject to penalties imposed by the Personal Data Protection Act B.E. 2562, including secondary laws, rules, regulations, and other related instructions.

16. Complaints to Regulatory Authorities

If the data subject discovers that Kleen-Tex (Thailand) Co., Ltd. has failed to comply with the Personal Data Protection Act, the data subject has the right to complain to the Personal Data Protection Committee or other related regulatory agencies appointed by the Personal Data Protection Committee or by law.

However, before making complaints, It’s suggested that the complainant should contact the Company so that the Company may have the opportunity to be informed about facts as well as make clear various issues and address your concerns in the first place.

17. Updating Personal Data Protection Policy

Kleen-Tex (Thailand) Co., Ltd. may determine to update, amend, or change this Personal Data Protection Policy as deemed appropriate, and notification on updating personal data shall be given through the website www.kleen-tex.co.th and www.kmatonline.com with the effective date of amendments individually. However, the data subjects are advised to review regularly for acknowledging the new policies through specific channels carried out by the Company, especially before disclosure to the Company.

Access to products or services of Kleen-Tex (Thailand) Co., Ltd. after the effect of new policies constitutes an acknowledgment of new policies and terms. However, stop using is recommended in case of disagreement with the content of this Policy, and please contact the Company for further explanation.

18. Inquiries or Exercise of Rights

If the data subject has any questions, suggestions, or concerns about the collection, use, and disclosure of personal data administrated by the Kleen-Tex (Thailand) Co., Ltd. or concerns about this Policy, or the exercise of rights under Personal Data Protection Act, please contact to:

1. Data Controller

Kleen-Tex (Thailand) Co., Ltd.
Address: 789/76 Village No. 1, Pinthong Industrial Estate, Sai Nong Kho – Laem Chabang Rd. Nong Kham Subdistrict, Si Racha District, Chonburi Province 20230

2. Data Protection Officer (DPO)

Address: 789/76 Village No. 1, Pinthong Industrial Estate Sai Nong Kho – Laem Chabang Rd. Nong Kham Subdistrict, Si Racha District, Chonburi Province 20230