FOR PROCESSES RELATED TO VENDORS OF CHAROEN POKPHAND FOODS GROUP

1. General Provisions

For the purpose of complying with the Personal Data Protection Act B.E. 2562 (2019) and subordinate laws issued thereunder, including any amendments which may be made thereto, (“Laws on Personal Data Protection”) Charoen Pokphand Foods Group1 (“Company”) has prepared this personal data privacy notice for processes related to vendors of Charoen Pokphand Foods Group (“Privacy Notice”) to inform you regarding how the Company handles information which can or may identify you, whether directly or indirectly, according to the Laws on Personal Data Protection (“Personal Data”), for instance, the methods by which Personal Data is collected, used, disclosed or dealt with, whether by manual or automated means, such as recording, organization, storage, adaptation or alteration, retrieval, sending, transfer, disclosure or making available by any means, alignment, combination, prohibition of access or restriction, erasure or destruction (“Processing”, “Process”, “Processes” or “Processed”), as well as to notify you of the purposes for such Processing, the retention period of Personal Data, and your rights as the data subject. In this regard, the Company recommends that you read and understand the following terms under the Privacy Notice:

2. Groups or Categories of Persons from whom the Company Collects Personal Data

Under this Privacy Notice, groups or categories of persons from whom the Company collects and Processes Personal Data are as follows:

2.1 Prospective vendors which means persons who may become vendors of the Company, both in the case where such persons have declared intention to enter into a contract and/or will register as vendors of the Company and in the case where the Company collects Personal Data on its own initiative, such as farmers, middlemen, service providers, consultants, experts, academics, lecturers, those who will engage in franchise business, those who are interested to participate in a business project, contracting parties or any other persons having similar characteristics, etc.

2.2 Vendors which means persons who provide quotations for products and/or services to be sold to the Company or have registered as vendors with the Company or have any other relationships of a similar nature with the Company, such as farmers (both in case of selling products to the Company directly and through the middlemen), middlemen, service providers, consultants, experts, academics, franchise business operators, participants in a business project, contracting parties or any other persons having similar characteristics, etc.

2.3 Persons in relation to prospective vendors or vendors which means natural persons who are related to or act as representatives of the prospective vendors or vendors, such as directors, employees, representatives, attorney-in-fact, or personnel of prospective vendors or vendors who are juristic persons, including those whose Personal Data appears in various documents in connection to relevant processes, such as managers, purchasers, consignees, and cheque payers, etc.

3. How the Company Collects and Receives your Personal Data

3.1 The Company collects and receives your Personal Data via the following methods:

  • (a)
    Personal Data which you directly provide to the Company
    You may directly provide your Personal Data to the Company, such as when you complete and submit forms online through the website specified by the Company or other means, when you enter into a contract with the Company, when you deliver to the Company documents or copies of documents which contain Personal Data, when you make enquiries, provide comments or feedbacks, answer the survey, or send complaints to the Company via telephone, e-mail, fax, mail, or application, etc.
  • (b)
    Personal Data which the Company automatically collects from you
    The Company may collect your Personal Data by automated means, such as the use of Cookies or other similar technologies. For more details, please see the Company’s Cookie Policy
  • (c)
    Personal Data which the Company receives from third parties
    The Company may receive your Personal Data from third parties, such as Personal Data collection through the middleman or in some cases, the Company may collect your Personal Data from public data sources, sources containing information relating to your business, or sources containing information relating to trades, etc.

3.2 In collecting your Personal Data, you will be informed of the details as set out in this Privacy Notice, including but not limited to, the lawful basis for the collection, use, disclosure and/or Processing of Personal Data in accordance with the lawful purposes, or in the event that the Laws on Personal Data Protection require your consent for any Processing of Personal Data, the Company will request your explicit consent.

3.3 Where the Company has previously collected your Personal Data before the Laws on Personal Data Protection have become effective, the Company will continue to collect and use your Personal Data in accordance with the original purposes of collection. In this regard, you have the right to withdraw your consent by contacting the Company using the contact details set out in Clause 9 of this Privacy Notice. However, the Company reserves the right to consider your request for the withdrawal of consent and proceed in accordance with the Laws on Personal Data Protection.

4. Collected Personal Data

Your Personal Data that is collected and Processed under this Privacy Notice, regardless of whether such Personal Data was directly provided by you to the Company or automatically collected from you by the Company, or was provided to the Company by third parties, includes the following:

4.1 Personal information, such as first name, last name, date/month/year of birth, age, sex, national identification number, photograph, and signature, etc.

4.2 Contact information, such as address, telephone number, fax number, e-mail, social media accounts (e.g. Facebook, Instagram, Twitter, Line ID or third-party service providers, etc.), and details of person who may be contacted, etc.

4.3 Business information, such as Personal Data which is contained in the registry of farmers, copy of document of title, map, latitude and longitude of the farm, terms of trade, car number plate, and type of car, etc.

4.4 Information concerning sale and purchase transaction, such as vendor code, details of the wishlist product details (for example, the net weight, dampness, and quality of raw materials), the number of the temporary product receipt, details of delivery and raw materials, number for tracking (traceability system), account number, and amount of money, etc.

4.5 Information concerning attention and behavior, such as behavior or trends to purchase products and/or services, user preference on social media, website, or the Company's public relation channels, etc.

4.6 Information that is used as supporting evidence in the Company’s vendor registration or execution of transactions, such as Personal Data which appears in a copy of national identification card, copy of passport, copy of change of name certificate, copy of house registration book, copy of driving license, copy of vehicle registration manual, car number plate, type of car, copy of title deed, copy of power of attorney, copy of company affidavit, invoice, receipt, cheque and cheque stub, payment voucher, copy of lawyer license, copy of professional or business license, etc.

4.7 Technical information, such as log file, IP Address, and information regarding using behavior on website information that the Company collects through the use of Cookies, and location data (e.g. Global Positioning System (GPS)) or other similar technologies, etc.

4.8 Other information, such as voice recording of conversations, and photo and video recording by means of CCTV, etc.

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

5.1 The Company Processes your Personal Data for the following purposes under lawful basis (collectively, the “Purposes”)

No Purposes Lawful basis of the Processing
(a) For the purpose of collection of the list of names of prospective vendors or any other persons having similar characteristics for the procurement of the Company
  • Contractual basis: Where the prospective vendors wish to enter into a sales or service agreement with the Company by being the parties submitting request or providing Personal Data to the Company.
  • Consent basis: Where prospective vendors do not submit request to the Company wishing to enter into a sales or service agreement with the Company but the Company collects Personal Data of prospective vendors by the Company’s own initiative.
(b) For the purpose of registration of prospective vendors or any other persons having similar characteristics
  • Contractual basis: The Processing of Personal Data is necessary for carrying out the request of prospective vendors or any other persons having similar characteristics in order to register as vendors, for middleman registration, or any other performances in similar means.
(c) For the purpose of report preparation and analysis of information which are necessary for the business operation of the Company
  • Legitimate interest basis: The Processing of Personal Data is necessary for the legitimate interests of the Company in its business operation, such as the preparation of farmer report, middleman report, product purchase report, and report of the source of production, etc.
(d) For the purpose of procurement and selection of vendors or any other persons having similar characteristics
  • Contractual basis: The Processing of Personal Data is necessary for carrying out requests for quotation by vendors, or any other persons having similar characteristics, before entering into a sales agreement, service agreement, or any other agreement relating to procurement by the Company.
  • Legitimate interest basis: The Processing of Personal Data is necessary for the legitimate interests of the Company in its business operations and for compliance with the Company’s procurement policy, such as the verification of information and qualifications of vendors, etc.
(e) For the purpose of registration of new vendors or any other persons having similar characteristics, including carrying out requests of vendors or any other persons having similar characteristics
  • Contractual basis: The Processing of Personal Data is necessary for the registration new vendors or any other persons having similar characteristics, including carrying out requests of vendors or any other persons having similar characteristics in the Company’s system, such as the changes of vendor’s information, etc.
  • Consent Basis: The Processing of sensitive Personal Data as presented on vendors or any other persons having similar characteristics’ ID, such as religious and blood group, will be undertaken by relying on the consent received from the vendors or any other persons having similar characteristics.
  • In case that vendors or any other persons having similar characteristics not desire to provide a consent, the Company reserves the right to take any necessary actions to erase or prevent sensitive Personal Data from being displayed before processing other Personal Data on vendors or any other persons having similar characteristics’ ID.
(f) For the purpose of execution and management of agreements between the Company and any other contractual parties
  • Contractual basis: The Processing of Personal Data of the contractual party is necessary for carrying out the request of such party who has expressed the intention to enter into an agreement with the Company.
  • Legitimate interest basis: The Processing of Personal Data of the contractual party (or any person related to the contractual party, in the event where the contractual party is a juristic person) is necessary for the legitimate interests of the Company in the execution and management of the Company’s agreements, such as the verification of identity and qualifications of contractual party, etc.
(g) For the purpose of performing obligations under agreements made with vendors or any other persons having similar characteristics
  • Contractual basis: The Processing of Personal Data is necessary for performing obligations under agreements made with vendors or any other persons having similar characteristics, such as ordering of products or services, setting debt and paying for products or services, and receiving products or services, etc.
(h) For the purpose of communicating with vendors or any other persons having similar characteristics
  • Legitimate interest basis: The Processing of Personal Data is necessary for the legitimate interests of the Company in the business or benefits communication with vendors or any other persons having similar characteristics, such as contacting with vendors or vendor’s representatives in order to receive products or services, etc.
(i) For the purpose of public relations and marketing activities of the Company
  • Consent basis: Where the Company proceeds with any marketing activities, such as sending marketing messages to vendors, taking photographs or recording videos of vendors in order to process and publicize marketing activities through various channels, the Company will undertake the activities by relying on the consent received from you.
(j) For the purpose of Profiling within Charoen Pokphand Group (CP Group)
  • Consent basis: Where the Company collects and processes your Personal Data for Profiling within Charoen Pokphand Group (CP Group) to provide the service and/or promote products and services of CP Group.
(k) For the purpose of complying with relevant laws which are applicable to the Company’s business and legitimate orders of government agencies and relevant officials
  • Legal basis: To act in compliance with laws which are applicable to the Company, such as taxation laws, Laws on Personal Data Protection, and legitimate orders of government agencies and relevant officers, such as Office of the Personal Data Protection Commission (PDPC Office), etc.
(l) For the purpose of establishment, compliance, exercise or defense of legal claims, in various stages according to the laws
  • Legitimate interest basis: The Processing of Personal Data is necessary for the establishment, compliance, exercise or defense of legal claims in various stages according to the law, such as, investigation and/or inquiry by government officials, case preparation, prosecution, and/or pursuit of the case in court, etc.
(m) For the purpose of monitoring, protecting and ensuring the security of persons and properties of the Company
  • Legitimate interest basis: The Processing of Personal Data is necessary for the legitimate interests of the Company in monitoring, protecting and ensuring the security of properties of the Company. For example, the CCTV footages can be used to prevent loss or damages to the Company’s properties or to track properties or claim damages in case where the properties of the Company are lost or damaged, etc.
  • Preventing or suppressing danger to a person’s life, body, or health basis: The Processing of Personal Data is necessary for the benefit in monitoring, preventing, or suppressing any circumstances which may be dangerous to a person’s life, body, or health.

(n) For any transaction that is necessary and beneficial to you or those which are directly related to the purposes set forth above.
  • Legitimate interest basis: The Processing of Personal Data is necessary for the legitimate interests of the Company in carrying out any transactions which are necessary for the Company and/or beneficial to you or directly related to the purposes set forth above.
  • In this regard, where the Laws on Personal Data Protection require your consent for any Processing of Personal Data, the Company will explicitly request the consent from you.

(o) For the verification to exercise your rights regarding the Personal Data.
  • Legitimate interest basis: The Processing of Personal Data is necessary for the legitimate interests of the Company to examine and verify your identity upon the request to exercise your rights regarding the Personal Data.
(p) For other purposes that the Company will notify you of.
  • The Company will notify you of any other purposes that cause the Company to Process your Personal Data other than the purposes set forth above or when the Company changes the original purposes that were set forth.
  • In this regard, where the Laws on Personal Data Protection require your consent for any Processing of Personal Data, the Company will explicitly request the consent from you.

5.2 Your Personal Data, which the Company will Process for the Purposes set forth in Clause 5.1 above that relate to the compliance with laws or contracts or are necessary for entering into contracts with you, is the data which is necessary for the achievement of the said Purposes. If you do not intend to provide such Personal Data to the Company, there may be legal implications or the Company may not be able to perform its duties pursuant to the contract which has been entered into with you or may not be able to enter into a contract with you (as the case may be). In such event, it may be necessary for the Company to decline to enter into the contract with you or to cancel the sale and purchase or the provision of any relevant services to you, whether in whole or in part.

5.3 In the event that the Company will Process your Personal Data in a manner and/or for purposes which are not consistent with the Purposes set forth above, the Company will put in place additional policies or notifications for the protection of Personal Data and/or send a notice to you to provide explanations concerning such Processing of Personal Data. In this regard, you should review such additional policies or notifications in conjunction with this Privacy Notice (as the case maybe).

6. Disclosure of Personal Data

6.1 The Company may disclose your Personal Data in accordance with the Purposes and the rules prescribed under the laws to the following entities and persons:

  • (a)
    Charoen Pokphand Foods Group and Charoen Pokphand Group (CP Group), both in and outside Thailand, including executives, directors, staff, employees and/or relevant in-house personnel, and as necessary on a need-to-know basis for the Processing of your Personal Data.
  • (b)
    Business partners, service providers, and data processors designated or hired by the Company to perform duties in connection with the management/Processing of Personal Data for the Company in the provision of various services, such as information technological services, data recording services, payment services, mailing services, delivery services, printing services, data analysis services, research services, marketing services, or any other services which may be beneficial to you or relevant to the Company’s business operations.
  • (c)
    Advisors of the Company, such as legal advisors, lawyers, auditors, or any other internal and external experts of the Company, etc.
  • (d)
    Relevant governmental agencies which have supervisory duties under the laws or which have requested the disclosure pursuant to their lawful powers or relevant to the legal process or which were granted permission pursuant to applicable laws, such as Revenue Department, Ministry of Commerce, Office of the Personal Data Protection Commission, Office of Trade Competition Commission, Royal Thai Police, Office of the Attorney General, and court, etc.
  • (e)
    Any persons or any other entities that you have given consent to disclose your Personal Data to.

6.2 The disclosure of your Personal Data to third parties shall be in accordance with the Purposes or other purposes permitted by law, provided that if the law requires your consent to be provided, the Company will request your prior consent.

6.3 In the event that the Company discloses your Personal Data to third parties, the Company will put in place appropriate safeguards to protect the Personal Data that has been disclosed and to comply with the standards and duties relating to the protection of Personal Data as prescribed by the Laws on Personal Data Protection. Where the Company sends or transfers your Personal Data outside Thailand, the Company will ensure that the recipient country, the international organization or such overseas recipient has a sufficient standard for the protection of Personal Data. In some cases, the Company may request your consent for the transfer of your Personal Data outside Thailand, subject to the requirements under Laws on Personal Data Protection.

7. Retention Period

The Company will retain your Personal Data for the period necessary to fulfil the Purposes for which the Personal Data was Processed, whereby the retention period will vary depending on the Purposes for which such Personal Data was collected and Processed. The Company will retain Personal Data for the period prescribed under the applicable laws (if any) by considering the statute of limitations under the laws for any legal proceedings that may occur from or in relation to the documents or Personal Data collected by the Company and having regard to the Company’s business practices and relevant business in relation to each category of Personal Data.

In this regard, the Company will retain your Personal Data for a period not exceeding 10 years, starting from the date your legal relations/transactions with the Company come to an end. However, the Company may retain your Personal Data for a longer period of such time prescribed if the laws permit or such retention of Personal Data is necessary for the establishment of the right of claim of the Company.

After the period of time set forth above has expired, the Company will delete or destroy such Personal Data from the storage or system of the Company and other persons providing services to the Company (if any) or anonymize your Personal Data, unless in the event that the Company can continue to retain such Personal Data as prescribed by the Laws on Personal Data Protection or other applicable laws. In this regard, for additional details regarding the retention period of your Personal Data, you can contact the Company by using the contact details set out in Clause 9 of this Privacy Notice.

8. Your Rights in relation to Personal Data

As the data subject, you have the following rights in relation to your Personal Data, subject to the rules, methods and conditions under the Laws on Personal Data Protection. In this regard, if you wish to make a request to exercise your rights, you can contact the Company by using the contact details set out in Clause 9 of this Privacy Notice.

8.1 Right of Access

You have the right to access your Personal Data and may request that the Company provide you with a copy of such Personal Data in accordance with the requirements under the Laws on Personal Data Protection.

8.2 Right to Data Portability

You have the right to obtain your Personal Data, including to request that your Personal Data is transmitted to another data controller or to you, except where it is technically unfeasible, in accordance with the requirements under the Laws on Personal Data Protection.

8.3 Right to Object

You have the right to raise an objection to the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.

8.4 Right to Erasure

You may request that the Company delete, destroy or anonymize your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.

8.5 Right to Restriction

You have the right to request that the Company restrict the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.

8.6 Right to Rectification

You have the right to request that your Personal Data be rectified if the Personal Data is inaccurate, not up-to-date, incomplete, or may cause a misunderstanding.

8.7 Right to Withdraw Consent

If the Company relies on your consent as the lawful basis for Processing your Personal Data, you have the right to withdraw such consent which has been provided to the Company at any time.

8.8 Right to Lodge a Complaint

If you have any concerns or questions about any aspect of the Company’s practices in relation to your Personal Data, please contact the Company using the contact details set out in Clause 9 of this Privacy Notice. Where there is reason to believe that the Company is in breach of Laws on Personal Data Protection, you have the right to lodge a complaint to the expert committee appointed by the Personal Data Protection Committee in accordance with the rules and methods prescribed under the Laws on Personal Data Protection.

However, the Company reserve the right to consider your request to exercise your rights and act in accordance with the requirements under the Laws on Personal Data Protection.

9. How to Contact the Company

The Company has designated Charoen Pokphand Foods Public Company Limited as the coordinator for matters relating to the Company’s Personal Data protection. If you have any questions or would like to exercise your rights as set out in this Privacy Notice, you may contact the Company using the contact information provided below:

Charoen Pokphand Foods Public Company Limited

E-mail:

ccooffice@cpf.co.th

Address:

313 C.P. Tower, 12th Floor, Silom Road, Silom, Bangrak, Bangkok 10500

Data Protection Officer

E-mail:

dpooffice@cpf.co.th

Address:

313 C.P. Tower, 12th Floor, Silom Road, Silom, Bangrak, Bangkok 10500

10. Changes to This Privacy Notice

The Company may make changes to this Privacy Notice from time to time to reflect any changes to our Processing of your Personal Data and to comply with the changes to the Laws on Personal Data Protection or any applicable laws. In this regard, the Company will notify you of any significant changes to the Privacy Notice and the amended Privacy Notice through appropriate means. The Company encourages you to review such communication in order to be aware of any changes made to this Privacy Notice from time to time.