Personal Data Privacy Notice For the Lodging of Complaint, the Whistleblowing of Corruption and the Claim for Compensation or the Legal Proceeding against the Third Party
Multilink Corporation Limited (hereinafter referred to as “MSC” or “we” or “our”) gives the highest priority to the protection of the personal data of all related persons, and for compliance with the laws concerning personal data protection, MSC then established this Personal Data Privacy Notice for your acknowledgement of details of the processing of personal data, whether it be the collection, use and disclosure (collectively referred to as “the processing”) that may be occurred:
• when you lodge relevant complaints including the whistleblowing of corruption to us;
• when MSC reaches out to you for the request of additional data concerning the complaint lodged by the other person;
• when you committed to act in a manner that causes damages to MSC whether it be the action against the property or the reputation of MSC including to inform you of the rights on your personal data and our contact channels as follows:
1. Purposes for the collection, use and disclosure of personal data
When there is a lodge of a complaint or the whistleblowing of corruption to MSC, we may conduct the processing of your personal data by relying on a relevant lawful basis for the following purposes:
| Clause | Purposes | Lawful Basis |
| 1.1 | For contacting and inquiring additional information concerning the complaints in which you or other person have reported to us. | Legitimate Interest basis |
| 1.2 | For the proceedings in relation to the management of relevant complaints as well as the proceedings in accordance with internal procedures of MSC, for instance, the consideration to proceed, fact investigation, fact finding, fact inquiry or disciplinary investigation, the retention of data as the records of the proceedings, the retention and the use of data for risk management, audit supervision, the development of the products and the provision of services including the internal audit of the internal audit office and the proceedings in accordance with other internal procedures of MSC including the proceedings for the handling of complaint reported by external authorities such as the regulatory authorities. | Legitimate interest basis |
| 1.3 | For the establishment, compliance, exercise or defense of legal claim and relevant legal proceedings including for using as the supporting evidence of the legal proceeding (if any) against related person as well as the proceedings for legal execution. | Legitimate interest and legal obligation basis |
| 1.4 | For the compliance with the relevant laws including the reporting and disclosure of data to the government authorities or any organization pursuant to laws or by court order. | Legal obligation basis |
In the event that you are the third party, that is not the employee, vendor, or any person having transaction relating to MSC, and had committed any action in the manner that causes damages to
MSC, MSC may collect, use and disclose your personal data under a relevant lawful basis for the following purposes:
| Clause | Purposes | Lawful Basis |
| 1.5 | For contacting, inquiring, making an appointment or any contact including notifying you to suspend the action that causes damages to MSC or settle the dispute. | Legitimate interest basis |
| 1.6 | For the proceedings in accordance with internal procedures of MSC such as the consideration to proceed, fact investigation, fact-finding, fact inquiry or disciplinary investigation, the retention of data as the records of the proceedings, the retention and the use of data for risk management, audit supervision, the development of the products and the provision of services including the internal audit of the internal audit office and the proceedings in accordance with relevant internal procedures of MSC. | Legitimate interest basis |
| 1.7 | For the establishment, compliance or exercise or defence of legal claim and other legal proceedings including for using as supporting evidence of the legal proceeding (if any) to related person as well as the proceedings for legal execution. | Legitimate interest and legal obligation basis |
| 1.8 | For the compliance with relevant laws including the reporting or the disclosure of information to government authorities or any organization pursuant to the laws or by court order. | Legal obligation basis |
2. Personal Data which shall be collected
In case that you are the person who lodged a complaint or the whistleblower of the corruption, MSC shall collect your personal data through the form, letter or relevant documents in which you provided data for us or by other methods, that is, the requesting of the data from
you directly; nonetheless, there may be some circumstances that we collect your personal data from other sources such as the data publicly disclosed on websites (such as the website of the Department of Business Development or the website of the National Anti-Corruption Commission, etc.) or the data that is capable for requesting a copy from the government authorities, or in case that you lodge a complaint to the regulatory authorities or other authorities, MSC may obtain your data from such authorities or MSC may receive your data from the case that you have been referred to in the complaint of other person, etc. In the event that you are the third party, that is not the employee, vendor, or any person having transaction relating to MSC, and have committed any action in the manner that causes damages to MSC, MSC may collect your personal data by directly requesting your personal data from you, or may collect your personal data from other sources such as inquiring from the witnesses of the incident, collecting the data publicly disclosed on websites or the data that is capable for requesting a copy from the government authorities, etc.
In this regard, the personal data that we shall collect are as follows:
2.1 General personal data
(1) Identity data such as first name and last name, etc.;
(2) Contact data such as an address, phone number, email, Facebook, LINE ID or other social media accounts, etc.;
(3) Other data such as occupation, workplace, position, details of the complaint, details of the action causing damages to MSC, etc.;
(4 that your complaint is related to such data or the case that MSC is required to use such data for supporting the legal proceeding).
2.2 Sensitive personal data
For the lodging of complaint or the whistleblowing of corruption, MSC has no intention to collect and use sensitive data such as religious and nationality, etc. of yours or other person for any specific purpose. You are not required to specify or refer to such data; nonetheless, some type of complaint which is directly related to the exercise of rights against MSC such as the claim for MSC to pay for damages or relevant compensations, etc., you may be required to provide sensitive data supplementing the complaint such as health data, data regarding disability, etc. For such cases, MSC may collect your data for supporting the establishment, compliance or exercise or defence of legal claims. In this regard, if we will use such data for any other purpose apart from this, we shall request your prior express consent (if necessary).
In the event that you are the third party, that is not the employee, vendor, or any person having transaction relating to MSC, and have committed any action in a manner that causes damages, MSC may collect sensitive personal data to the extent necessary for supporting the establishment, compliance or exercise or defence of the legal claim. In this regard, if we will use such data for any other purposes apart from this, we shall request your prior express consent (if necessary).
In general, MSC has no intention to collect and use religious and blood type data specified in your identification card for any specific purpose. In the event that you provided MSC a copy of your identification card, it is requested that you conceal such data. If you did not conceal such data, it shall be deemed that you authorized MSC to conceal those data and such document with concealed data shall be deemed valid and legally enforceable in all respects. In case MSC is unable to conceal those data due to some technical limitation, MSC shall collect and use such data as a part of your identification documents only
3. Period for retention of personal data
MSC shall retain your personal data for the period necessary for the purposes of the collection, use or disclosure of personal data set out in this Privacy Notice. The criteria for the determination of the retention period are the period necessary for compliance with the laws of the statutory prescription period, for the establishment, compliance, exercise or defence of the legal claim, or for other reasons in pursuant to the internal policies and rules in the organization of MSC.
4. Disclosure of personal data
In order to carry out the proceedings for the purposes set out in this Privacy Notice, MSC may disclose your personal data to the third party as follows:
4.1 Government authorities, independent organizations established pursuant to the laws or other authorities as prescribed by laws whether it be the disclosure pursuant to the laws prescribing
MSC has the duty to disclose such data or the disclosure as requested by such authorities by the virtue of the laws such as the National Anti-Corruption Commission, State Audit Office, etc. and
including the disclosure of data to the officers who exercise powers or perform duties according to the laws such as police, etc.;
4.2 Regulatory authorities of MSC such as Ministry of Energy or State Enterprise Policy Office, etc., in case that such authorities have powers according to the laws for the requesting of data or in case that such authorities submit the complaint for MSC’s consideration;
4.3 State authorities, independent organizations established pursuant to the laws or other authorities as prescribed by laws which have powers and duties to conduct inquiry, investigation, interrogation or to commence legal proceedings such as police, public prosecutor, court, etc.;
4.4 Agents, contractors/sub-contractors and/or service providers for any operation assigned by MSC such as legal advisors, insurance companies, etc.;
4.5 Companies in MSC Group, in case the reported complaint is relating to the companies in MSC Group.
Nonetheless, if you are the person who lodged a complaint or the whistleblower of the corruption or the witness pursuant to such complaint, MSC would like to inform you that we shall keep your
personal data confidential pursuant to our internal policies and rules and shall not disclose the data to any person having no connection with the management and administration of such matter.
In the event that it is necessary for us to disclose your personal data, we shall comply with our internal policies and rules as well as this Personal Data Privacy Notice and relevant laws.
5. Your rights as the owner of personal data
As the owner of personal data, you have the rights as prescribed in the Personal Data Protection Act B.E 2562 (2019). In this respect, you can exercise your relevant rights through the channels specified by MSC in Clause 7 or through the MSC website, whereby you will be entitled to
exercise the rights when the laws concerning personal data protection are applied to MSC. The relevant rights have details as follows:
5.1 Right to withdraw consent
In the event that MSC requests your consent, you shall have the right to withdraw the consent for the processing of your personal data that has already been given to MSC unless the such withdrawal of consent is restricted by laws or by the agreement that provides you with the benefits.
Such withdrawal of consent shall not affect the processing of personal data legally conducted according to your prior consent.
5.2 Right to access personal data
You have the right to request access to and request for a copy of your personal data under the control of MSC, including to request MSC to disclose the acquisition of such data that you have not given consent to MSC.
5.3 Right to request for the submission or the transfer of personal data
You have the right to request MSC to transfer the personal data that you have given to MSC as prescribed by laws.
5.4 Right to object to the collection, use or disclosure of personal data
You have the right to object to the processing of data relating to you in respect of the collection, use or disclosure of your personal data as prescribed by laws.
5.5 Right to request for the erasure of personal data
You have the right to request MSC to delete your personal data as prescribed by laws. Nevertheless, MSC may store your personal data using an electronic system pursuant to which some systems may be unable to delete the data, and for such cases, MSC shall destroy or cause such data to be unable to identify your identity.
5.6 Right to request the restriction of the use of personal data
You have the right to request MSC to restrict the use of your personal data as prescribed by laws.
5.7 Right to request for the rectification of personal data
If you found that the data controlled by MSC is incorrect or you have changed your personal data, you have the right to request MSC to correct your personal data so that such personal data be accurate, current, and complete and shall not cause misunderstanding.
5.8 Right to lodge a complaint
You have the right to lodge a complaint with the competent officers under the Personal Data Protection Act B.E 2562 (2019) in case MSC breaches or does not comply with such an Act.
6. Amendment of this Privacy Notice
We may amend and update this Privacy Notice from time to time, and if there is such an amendment, we will keep you posted through the MSC website. If it is necessary to request your consent, we will proceed to request additional consent from you.
7. Contact channels
If you have questions or require further details concerning the protection of your personal data, the collection, use and disclose of your personal data, the exercising of your rights or if you have any complaint, you can contact MSC as per the following channels:
Multilink Corporation Limited
Contact Place: 75/84-85 Ocean Tower 2, 33 Floor, Soi Sukhumvit 19, Sukhumvit Road, Klongtoey Nuea, Wattana, Bangkok, 10110
Telephone: 02-661-6619
Personal Data Protection Officer
Contact Place: 75/84-85 Ocean Tower 2, 33 Floor, Soi Sukhumvit 19, Sukhumvit Road, Klongtoey Nuea, Wattana, Bangkok, 10110
Telephone: 02-661-6619
Email: it@thaimartin.com
