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PRIVACY POLICY (for Thailand only) (last updated on April 2020)
GIORDANO (THAI) CO., LTD., an exclusive distributor of the trademark of “GIORDANO”, owns and operates Giordano stores and www.giordano.com/th website in Thailand (“Giordano”, "we", "us", or "our"). We recognize the importance of your privacy and maintaining the confidentiality of your personal data (means any information relating to a natural person, which enables the identification of such person, whether directly or indirectly) (“Personal Data”). This Privacy Policy sets out how we collect, use and disclose your Personal Data of our customers, shareholders, employees, job applicants and third party vendors (as defined herein below).
1.1 Giordano is committed to ensuring that your privacy is protected, and thus, to comply with the Personal Data Protection Act B.E. 2562 (A.D. 2019), as amended from time to time, and any other applicable regulations, guidelines, orders made under said legislation thereof (collectively referred to as the “PDPA”). Should we ask you to provide certain information, Personal Data, of which you can be identified, whether directly or indirectly, then you can be assured that it will only be used in accordance with this Privacy Policy and the PDPA.
1.2 Giordano may update this Privacy Policy from time to time and upload to our website. You should regularly check this Privacy Policy from time to time to ensure that you are being updated with any changes. If any amendment or change will affect the purpose of which your Personal Data is originally collected, we will notify you of such amendment or change. In any event, any amendment or change to this Privacy Policy will continue to be in accordance with the provisions of the PDPA.
We collect different types of Personal Data from different types of data subjects for purposes described in this Privacy Policy.
(a) Customers (including visitors to our shop and/or our website): We collect your name, email address, phone number, delivery and billing address, signature (when collecting online purchases), voice (when calling us to the customer service), date of birth, age, gender, payment method of purchase, historic purchase information, and, your payment information. If you do not provide us with your Personal Data requested, we may not be able to fulfil the applicable purpose of collection, such as to supply products to you. Personal Data may be collected by telephone, correspondences (letter, facsimile and e-mail), point of sales, membership enrolment, customer loyalty programs and direct customer survey. For certain purposes, your Personal Data is required as otherwise we would not be able to proceed with your request, or perform our obligations toward you, or provide our products or services to you.
(b) Shareholders: We collect data pertaining to your name, address, e-mail address, contact number, nationality, identification card number, passport number, and bank account details. If you fail to provide us with your Personal Data, we would not be able to perform our legal obligations in recording your details, filing your details to the relevant authority, or serving notices and other information related to the shareholders’ meetings, dividends or our business operations.
(c) Employees: We collect various types of Personal Data from our employees which are as follows:
(1) Your name, last name, title, gender, age, date of birth, marital status, nationality, identification card number, passport number, contact phone number, home address, email address, workplace, qualifications, educational background, employment history, position, salary, benefits, tax, employee identification number, photograph, username and password for accessing our systems, work performance, leaves record, and disciplinary record.
(2) Your Personal Data which is categorized as Sensitive Personal Data under the PDPA, including, your religion and/or blood type as appeared in your Thai identification card, criminal check result/record, and medical record.
If you fail to provide us with your Personal Data, we may not be able to perform the employment contract which we have entered into with you, or to manage our employment relationship, or we may not be able to perform our legal obligations.
(d) Job Applicants: We collect various types of Personal Data from job applicants which are as follows:
(1) Your name, last name, title, gender, age, date of birth, marital status, nationality, identification card number, passport number, contact phone number, home address, email address, workplace, qualifications, educational background, employment history, position, salary, benefits, and photograph.
(2) Your Personal Data which is categorized as Sensitive Personal Data under the PDPA, including, your religion and/or blood type as appeared in your Thai identification card.
(3) Any other types of your Personal Data which you voluntarily provide to us through your resume and/or curriculum vitae, which may also include your Sensitive Personal Data.
If you fail to provide us with your Personal Data, we may not be able to assess your eligibilities, qualifications, or suitability, and thus, your job applications might not be successful.
(e) Third Party Vendors:
(1) Personal Data relating to your name, identification number, passport number, tax identification number, company, title, contact number, e-mail address, business address, and bank account details.
(2) Your Personal Data which is categorized as Sensitive Personal Data under the PDPA, including, your religion and/or blood type as appeared in your Thai identification card.
(3) For corporate Third Party Vendors, we may collect your corporate documents issued by the governmental authorities which may contain Personal Data of your relevant personnel such as company affidavit and list of shareholders.
If you fail to provide us with your Personal Data, we may not be able to perform our contractual obligations, proceed with your request to enter into a contract with us, manage our contractual relationship, or we may not be able to perform our legal obligations.
We shall use the Personal Data provided to us by individuals for the purposes set out below (“Purposes”):
(a) Customers (including visitors to our shop and/or our website):
a. Providing our products and/or services to you as well as proceeding with your request to purchase our products and/or services;
b. Providing customer support, including, without limitation to, online support, repairing service, return of products, and refunds;
c. Providing information about our products and/or services;
d. Providing information on our marketing campaigns, promotions, updates on our products and services, or any other marketing materials;
e. Arranging, verifying and processing your payment for our products and/or services;
f. Arranging for the delivery of our product which you have purchased;
g. Registering you as the member of our loyalty programs, managing and maintaining your membership;
h. Improving our products and services;
i. Responding to and managing your complaints and/or inquiries regarding our products and services;
j. Maintaining and ensuring the security of our assets, properties, and personnel by using CCTV or other similar technology and/or device; and
k. Establishing, complying, exercising or defensing our legal claims.
(b) Shareholders:
a. Providing and sending information regarding Giordano’s business as required by laws or as deems appropriate, including, without limitation to, notice calling for shareholders’ meeting and relevant materials for the meetings;
b. Registering and filing your information with the relevant authority, including, without limitation to, the Department of Business Development;
c. Maintaining our record on shareholders pursuant to applicable laws and regulations; and
d. Establishing, complying, exercising or defensing our legal claims.
(c) Employees:
a. Managing your employment relationship inclusive of working arrangement, employment contract management, determination on employment term, position, salary, benefits, and scope of works;
b. Assessing your work performance;
c. Managing, recording and maintaining your attendance, leaves and disciplinary records;
d. Managing and processing with your payroll;
e. Providing you with access to our systems and premises in order to perform your work, including, arranging for username and password;
f. Conducting and providing necessary training to the employees;
g. For internal communication purpose as well as to monitoring your communication with our customers and other stakeholders, including e-mail communications;
h. Monitoring, detecting and investigating any fraud or violation of employment contract, rules, regulations, policies or any other applicable laws or regulations;
i. Complying with our legal obligations in maintaining, recording and filing your Personal Data which relates to tax, immigration, social security, and other relevant authorities, including competent courts;
j. Recording, maintaining and assessing information obtained from your exit interviews; and
k. Establishing, complying, exercising or defensing our legal claims.
(d) Job Applicants:
a. For recruitment process, including to process your job application, assess your qualifications and eligibility, and manage possible hiring process;
b. Conducting background and/or reference check if deems necessary or appropriate;
c. For communication on our hiring process and to arrange for an interview or interviews;
d. Where your recruitment process is not successful, to retain your job application and/or resume in our system, either physically and/or electronically, in case there is any future employment opportunity with us;
e. Providing you with information on our job vacancies to your provided contact details; and
f. Establishing, complying, exercising or defensing our legal claims.
(e) Third Party Vendors:
a. For communication purpose regarding to the products and/or services supplied or to be supplied by Third Party Vendor;
b. Performing contractual obligations, or to proceed with request to entering into contract, or managing contractual relationship;
c. Responding to any requests or inquiries raised by the Third Party Vendors;
d. Managing and maintaining our records on Third Party Vendors;
e. For identification and verification purposes;
f. Arranging for and processing payment for products and/or services supplied;
g. Complying with our legal obligations in maintaining, recording and filing your Personal Data which relates to tax purpose as well as to other relevant authorities, including competent courts; and
h. Establishing, complying, exercising or defensing our legal claims.
4. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
4.1 Where strictly necessary, we may disclose your Personal Data to subsidiaries and affiliates of Giordano for the purposes described herein this Privacy Policy in which our subsidiaries and affiliates may located in or outside of Thailand. In addition, we may also disclose your Personal Data to other parties as follows:
(a) Customers (including visitors to our shop and/or our website): We may disclose your Personal Data to the following persons and/or entitles:
a. Our third-party processors, fulfilment centres, financial institutions or other third-party-service providers who help with our business operations (such as financial transaction management, logistics services, transportation, order management and customer service, and/or analysis of the transactions in order to provide you with sufficient guarantees in purchasing transactions, etc.).
b. Our auditors, accounting firms and legal counsels.
c. Governmental authorities such as the Revenue Department or any other competent authorities and law enforcement of which we are required by or obligated under the applicable laws or regulations to disclose your Personal Data.
(b) Shareholders: We may disclose your Personal Data to the relevant governmental authorities.
(c) Employees: We may disclose your Personal Data to the following persons and/or entities:
a. Governmental authorities such as the Revenue Department, Social Security Office, Immigration, Department of Employment, and any other competent authorities and law enforcement of which we are required by or obligated under the applicable laws or regulations to disclose your Personal Data.
b. Any third party service providers who provide services to us, including the auditors, accounting firms, legal counsels, payroll service providers, provident fund providers, hospitals, and criminal check service providers.
c. If applicable, we may disclose your Personal Data to the insurance companies.
d. Any person seeking employment references where you have given consent to such person, including where you apply for loan, credit card, or any other financial products with the financial institutions.
(d) Candidates: Generally, we do not disclosure your Personal Data to any third parties, unless we required to do so by the order of the governmental authorities, competent authorities or applicable laws or regulations.
(e) Third Party Vendors:
a. Governmental authorities such as the Revenue Department and any other competent authorities and law enforcement of which we are required by or obligated under the applicable laws or regulations to disclose your Personal Data.
b. Any third party service providers who provide services to us, including the auditors, accounting firms, legal counsels, and debt collection service providers.
4.2 We may also disclose your Personal Data to any other third parties in connection with a change of ownership of our entity, or any of our assets or properties.
5. CONTROLLING YOUR PERSONAL DATA
5.1 This Privacy Policy sets out the following practices we commit to protect your privacy and Personal Data:
a.) to provide safeguards to protect the security and confidentiality of the Personal Data we collect;
b.) to limit the Personal Data collected to the minimum required;
c.) to only permit authorized personnel, who are obliged to respect the confidentiality of the Personal Data, to access to the Personal Data on a “need-to-know” basis; and
d.) not to disclose your Personal Data to any external parties as specified in Clause 4 unless you have agreed, or we are required by the laws and regulations of the relevant administration or the court orders or the directions of governmental body or regulatory authority of competent jurisdiction.
5.2 Where our operations are subject to privacy legislation other than that of Thailand (such as due to our carrying out of operational functions outside of Thailand), this Privacy Policy shall apply so far as it is consistent with such local legislation.
5.3 In case of any inconsistency between the English and the Thai versions of this Privacy Policy, the English version shall prevail.
6. THE RIGHTS TO YOUR PERSONAL DATA
6.1 As a data subject, you are entitled to various rights to your personal data, which are as follows:
(a) Right to Withdraw Consent: You may withdraw your consent at any time, including, without limitation to, opt-out when your personal data is collected and/or processed for marketing purpose.
(b) Right of Access: You may at any time contact us to request access to or obtain a copy of your personal data in our records, or to request the disclosure of the source of your personal data which you did not consent to. In response, we will approach you to collect certain details so as to ensure of the right person to whom the data refers. We will respond to such requests within 30 days, but we may charge a reasonable fee for doing so.
(c) Right to Data Portability: You may request to obtain your personal data in a format which can generally be read by or used with automatic devices or tools, or to have your personal data in said format (if any) transmitted to other data controller(s).
(d) Right to Object: You may object to the collection, use, disclosure or otherwise processing of your personal data, particularly when we collect and/or process your personal data for direct marketing purpose.
(e) Right to Erasure: You may request that your personal data be destroyed, deleted or de-identified.
(f) Right to Suspension: You may request the suspension of the collection, use, disclosure or otherwise processing of your personal data.
(g) Right to Rectification: If you believe that any data we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, via the contact details specified in Clause 9 hereof. We will promptly correct any information found to be incorrect.
(h) Right to Lodge Complaint: You may lodge complaint to the local personal data protection authority regarding our processing of your Personal Data.
6.2 The exercise of any of your rights to personal data as described above shall be subject to the conditions and limitations of the Data Protection Laws.
7. PERSONAL DATA PROTECTION POLICY FOR CCTV
We use CCTV on our stores and premises to monitor and record your images and videos, which are considered as personal data under the applicable personal data protection law (“Personal Data”), for the following purposes: (a) to prevent and detect commission of offence and crime; (b) to assist in potential investigation of suspected commission of offence and identification of offender; (c) to protect our personnel, assets, properties, stores, premises, as well as to ensure safety of yours and the public; and (d) to manage security by monitoring or controlling the entrance and exit of our store or premise.
8. RETENTION AND SECURITY OF DATA
8.1 Giordano will keep your Personal Data for as long as necessary to fulfil the Purposes for which your Personal Data was collected, or as required by the Data Protection Law or any applicable law. We may also retain archived Personal Data for statistical analysis to the extent permitted under the PDPA. Personal data which is no longer necessary or relevant for the purposes of which it was collected, or which we do not have any legal or lawful business purpose to continue to retain will be securely destroyed, deleted or de-identified.
8.2 If you provide Personal Data via facsimile, e-mail or completing an on-line inquiry, please be aware that there may have risks in transmitting such information on the Internet. We have secured our websites using industry standard technology. However, we cannot provide any guarantee with respect to the security of your Personal Data, and we will not be liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the Internet.
8.3 Giordano, however, will use all reasonable endeavours to secure all your Personal Data collected and retained by us. For any Personal Data which is provided on an online basis, it is stored behind industry standard firewalls and where applicable, protected by username and password.
9. INFORMATION ABOUT COOKIES
We use cookies in our website, which are small text files with information on your navigation in this site, whose principal objective is to improve your experience in the website.
10. HOW TO CONTACT US
This Privacy Policy applies to you, which may be updated and revised from time to time without prior notice. We will, however, post and upload the update version on our website. Should you have any questions or concerns about this Privacy Policy, or wish to exercise any of rights to your Personal Data, please contact:
Attention: Giordano (Thai) Co., Ltd. (Head Office)
Address: 475 Siripinyo Tower. 12th Floor. Unit no. 1205,
Sri Ayuthaya Road, Thanon Phayathai Sub-district,
Ratchathewi District, Bangkok 10400
Phone Number: (662) 642 5455 Ext. 140 (During office hours)
or your may contact our Data Protection Officer at:
Email Address: DPO_Giordanothai.com.hk
Phone Number: (667) 494 6549
@2020 Giordano (Thai) Co., Ltd. All rights are reserved.
