Under this Notification, the term “Employee” shall refer to (1) the directors, management executives, officers and employees under employment agreements, (2) trainees, (3) retired employees who serve as consultants for the Company under a hire of work agreement.
Section 1 Title of the Notification and the Effectiveness
1.2 The Company may update this Notification from time to time to assure compliance with the practices and applicable laws which includes any changes to the employment arrangements, labor protection, or Employee welfare. The Company will notify the Employee of the amendment, and such amended Notification shall become effective upon publication.
Section 2 The Definition of the Personal Data
“Personal Data” means any information that can be used to identify an individual Employee regardless of whether the Company has obtained the information (a) directly from the Employee, (b) from any third party engaged by the Company to provide labor protection and Employee welfare services, or (c) from the compilation, evaluation and preparation of the additional information at the Company’s discretion as the employer during the employment term under the terms and conditions prescribed by the Company.
Section 3 The Employee Personal Data that the Company is Necessary for Processing
3.1 Employee’s identifiable information, e.g., full name, identification card number and copy thereof, age, nationality, date of birth as well as any other qualifications provided to the Company in the job application form and employment agreement.
3.2 Contact information, e.g., address specified in the identification card, the current address, the telephone number, the email address, or any other form of communication/media.
3.3 Payment information made by the Company to the Employee, e.g., bank account information, payment history including salary, social security number, information about provident funds or other funds, and any additional information about the Employee’s welfare claim.
3.4 Work experiences, training information, and Company’s activities participation, e.g., work attendance and leave records which are recorded on various types of work system; capability evaluation and test result; photos of Employee attending training or events; signature; and Employee’s identification documentations collected by the Company for the purpose of preparing internal documentations.
3.5 Subject to the receipt of explicit consent from the Employee, the Employee’s sensitive Personal Data, including the biometric information such as a fingerprint or health information (including information about annual health checkups, medical certificates, or documents relating to medical treatment disbursement), etc.
3.6 Photographic information, both images and videos, of Employees participating in various activities organized by the Company, both in activities to promote relationships within the organization and communication activities with outsiders.
3.7 Name-surname information, signatures, and other transactional information that the Company may collect in the course of employment in connection with the signing and preparation of documents related to the Company’s business operations.
3.8 Other Personal Data that the Employee may provide to the Company for the purposes of assessment, analysis, management, and other employee welfare services provided by the Company, e.g. feedback form, activity participation form, etc.
Section 4 The Personal Data of Other Persons relating to the Employee that the Company is Necessary to Process
4.1 In case the Company provides any benefits to the Employee’s family members or other related persons in the form of Employee’s family member benefits and Employee’s beneficiary benefits, in order for the Company to provide those benefits to the related person, the Company may be necessary to collect, compile and process such related person’s personal data, including without limitation, name and surname, contact information and identification documents of such persons, including the health information of those related person, subject to an explicit consent granted to the Company and such sensitive personal data is necessary to provide the relevant benefits.
4.2 In case the Employee provides the related person’s personal data to the Company, it shall be deemed by the Company that the Employee represents and warrants that he/she has the legitimate right to disclose such personal data. Specifically, the Employee has informed the Employee’s family member or related person about the necessity of processing personal data and has obtained consent from such family member or related person in a complete and accurate manner.
Section 5 Purposes of the Personal Data Processing
Based on the framework of (1) performing legal obligations for protection of the Employee’s right and the relevant; (2) performing contractual obligations as an employer under the employment agreement; and (3) protecting the legitimate interests of the Company, the Company is necessary to process the Employee’s Personal Data under the framework as follows:
5.1 In order to ensure performance of the Company’s legal obligations under the applicable laws, government or the relevant authorities regulations, guidelines, instructions or notices issued by the regulatory authorities, the Company is necessary to process the Employee’s Personal Data to facilitate and/or manage tax payment, Employee registration, social security, provident fund, training and skill development, the Employee’s labor protection and occupational health, immigration matters and work permit (in case of foreign Employee) as required by applicable laws.
5.2 In order to perform the Company’s contractual obligations under the employment agreement; to control and manage the employment relationship between the Employee and the Company throughout the employment term, including the processing for the following purposes:
- To administer salary payments; to assess, supervise and/or evaluate the Employee’s performance; and to manage and/or record the Employee’s progress and achievement.
- To evaluate the Employee’s suitability for the promotion; to provide rewards or benefits to Employee including the design of training programs (either arranged by the Company or any third party) or to impose any sanction against the Employee who violates the Employee’s obligations as defined in the employment agreement or other labor regulations under which the Company is authorized to take relevant action legitimately as an employer.
- To manage and/or administer the provision of the employment welfare, to manage the verification of the Employee’s rights and ensure the Employee’s welfare as defined under the employment agreement, e.g., insurance rights and/or claims for compensation, management of health checks (either for the Employee or Employee’s family member or related person in accordance with the conditions provided by the Company).
- To communicate and coordinate with the Employee for the purpose of supervising and/or managing the relationship between the Employee and the Company, or in emergency situations.
5.3 In order to manage the Company’s risk and to protect the Company’s legitimate interest including protecting the Employee’s interest, the Company is necessary to process the Employee’s Personal Data for the following purposes:
- To conduct research, analysis and development (including but not limited to a survey, a questionnaire and/or compilation of data) for the improvement of infrastructure, welfares, benefits, and facilities to the Employee for the purpose of enhancement of the employment relationship between the Employee and the Company or for the Employee’s interest.
- To respond and/or proceed with the legal procedures; to reclaim the legitimate rights that the Company may have or to demand for the compensation; to defend the Company in a lawsuit; and to manage any complaints.
- To keep records and statistics; to do internal research, and/or legal report, and/or record of any required information for reporting the Company and/or the Company’s affiliates.
- To prepare advertisement and public relation materials of the Company where the Employee’s Personal Data, including without limitation the Employee’s portrait or expertise, may be used, disclosed, processed and presented in the form of letters, the news, or other publication which is made or published by the Company in both electronic or paper format
- To manage risk management, prevent conflicts of interest, control and supervise the internal work of the Company through various processes, including checking the work history of such Employees in case, in the future, such employees may return to apply for a job at the Company again.
- To collect, control, back-up and/or recover the Employee’s Personal Data.
5.4 Subject to an explicit consent granted to the Company, the Company may process the Personal Data for the purposes as defined in the consent.
Section 6 Retention Period of Personal Data
6.1 The Company is necessary to store and retain the Employee’s Personal Data throughout the term of each person’s employment agreement and for a period necessary for which the Company is obligated to maintain it in accordance with the timeframe under applicable laws.
6.2 The Company reserves the right to retain the Employee’s Personal Data with an appropriate period according to the prescription of 10 years after the expiration of the employment agreement, and for the sake of protection and fighting for legitimate rights between the Company and the Employee under the employment agreement and labor protection laws. The Company warrants that the retention of the Personal Data will not unreasonably affect the rights of the data subject and the data subject has the right to object to data processing according to applicable laws.
6.3 In the case of the use of images in various public relations media, including the preparation of statistics and report documents that the Employee has performed in the course of employment. The Company reserves the right to retain the Employees’s Personal Data at all the time the Company may have a business need to do so.
Section 7 Disclosure of Personal Data
In order to provide the labor protection and the Employee’s welfare as defined under the employment agreement and applicable laws, the Company may need to disclose the Personal Data to certain third parties for one of the purposes as defined hereunder. Such third parties shall include the following parties:
7.1 Customers, partners of the Company, Company’s affiliates, and external service providers of the Company engaged for providing various welfares to the Employee on behalf of and for the Company, including but not limited to group insurance providers, service providers of human resource management (HRM) or human resource development (HRD), or other support services providers of wages and welfare preparation and processing, insurance company, information technology service providers, etc., including consultants or service providers of the Company, legal actors. Such disclosure of the Personal Data to these third parties shall be done only on a need-to-know basis pursuant to the data processing agreement entered into and between the Company and such third party.
7.2 Any third party involvement in the organizational restructuring, merger and acquisition, sale, joint venture, assignment, transfer or any form of distribution of all or part of the Company’s business, assets or stock of the Company, both during the offering and committed phases (including any insolvency proceeding or any other similar proceedings); provided that the disclosure of the Personal Data in such circumstances shall be done only on a need-to-know basis pursuant to the data processing agreement entered into and between the Company and such third party.
7.3 Government, regulatory authorities, including but not limited to Revenue Department, Social Security Office, Department of Skill Development, Department of Employment, courts and tribunals in dispute resolution or any other government authorities that the Company may be subject to an order, law or judgment.
7.4 Subject to an explicit consent granted to the Company, the Company may disclose the Employee’s Personal Data to any other person as provided by the Employee to the Company.
Section 8 Personal Data Security Measure
8.1 The Company undertakes to implement appropriate Personal Data security measures to prevent any unauthorized and unlawful access, modification, amendment, or disclosure of the Personal Data and to maintain the confidentiality and security of the Personal Data. The Company commits to reviewing these measures on a regular basis to ensure its compatibility to the standards and to applicable laws.
8.2 In case any Employee who has access to or need to process any Personal Data, such Employee accepts and acknowledges the obligation to keep the Personal Data confidential and secure in accordance with the Personal Data security measures and the Employee shall indemnify and hold the Company harmless from any damages that the Company may suffer from the failure to comply with the Personal Data security measures.
Section 9 Employee’s Rights as the Data Subject
The Company assure the Employee’s statutory rights regarding their Personal Data as follows:
9.1 The right to request for access and request for copies of the Personal Data; and the right to request for ratification of their Personal Data to be updated and accurate.
9.2 The right to request for data portability in case such Personal Data is in the format which is readable or commonly used by means of automatic tools or equipment; and the right to request for data portability of such Personal Data to other data controllers.
9.3 The right to object to the processing of Personal Data.
9.4 The right to request for the deletion, destruction or de-identification of the Personal Data when the Personal Data is no longer necessary to be processed or when the Employee withdraws the consent.
9.5 The right to request the Company to restrict the use of the Personal Data, in case the Personal Data must be deleted, or those Personal Data are not necessary to be processed.
9.6 The right to withdraw consent that the Employee has given to the Company.
The Company will consider the request and notify Employee of the Company’s determination in responses to the Employee’s data subject rights within a reasonable period of time to the extent specified under applicable laws. If the Employee wishes to exercise these rights, please contact at [email protected]