Privacy Notice for the Shareholders, Debenture Holders and their Representatives of such Persons
Samart Telcoms Public Company Limited and subsidiaries (“We” or “the Company”) has given precedence to protect your personal data as our shareholders or our debenture holders, including the case where you are a proxy or authorized person of such person (hereinafter referred to as “Representative”) in order to enhance the confident that we will protect and manage your personal data in accordance with the personal data protection laws. We therefore establish this Privacy Notice for your acknowledgement of the details of the processing of personal data collection, use, and disclosure (collectively referred to as “the processing”) and to inform you of the rights of your personal data, including online channel and other channels, as specified by the Personal Data Protection Act B.E. 2562 as follows:
1. Personal Data collected
The Company needs to collect personal data of yours and/or your representatives as follows:
- Personal data used for identification purposes, such as first name, last name, gender, nationality, date of birth, signature, information regarding the changing of first name and/or last name, status, photo, identity card number, passport information or other government-issued cards/other similar official identification documents, and securities holder registration numbers
- Contact Data, such as address, phone number, email etc.
- Financial information, such as bank account number (used for receiving dividend payment, face value and/or interest), number of shares or debentures held
- Data regarding to any activity participated with the Company, such as image recording or video recording
- Other data such as occupation
Reserved rights: In cases where the Company needs to request a copy of your identification card, which may contain sensitive personal information such as religion, blood type, or ethnicity, the Company would like to clarify that it has no intention of storing such information. The Company requests that you, as the data owner, redact or conceal such sensitive information. If you, as the data owner, do not redact the sensitive information yourself, the Company reserves the right to proceed on your behalf without considering it as collecting or gathering your sensitive information in any way. It is also understood that any documents containing such redacted information are complete and enforceable in accordance with the laws.
2. Collection of Personal Data
In general, the Company shall collect your personal data and/or your representative by request directly from you, for example by having you to fill in any formats determined by the Company or enquiring data from you or requesting you to submit any document already containing your personal data. However, there may be cases that the Company collects your personal data from other sources in order to fulfil the aforesaid purposes such as from Thailand Securities Depository Company Limited (TSD).
3. Purposes of the processing of Personal Data
The Company collects, uses, or discloses your personal data under the lawful basis for the purpose as follows:
Clause | Purposes | Lawful Basis |
---|---|---|
3.1 | For the management of the Company, such as establishment, capital increase, capital reduction, corporate restructuring, changes in registration items. | Legal Obligation |
3.2 | For the management of shareholders and debenture holder registration, including issuance of proxy and other relevant activities in compliance with various laws of being a limited company, public limited company, or a company registered in the Stock Exchange of Thailand, or other relevant laws. | Legal Obligation |
3.3 | For payment of dividend to shareholders or for repayment the face value and/or interest to debenture holders. | Legal Obligation & Contractual Basis |
3.4 | For holding the general meeting and the attendees register of shareholders or debenture holders, for the preparation of various activities and to facilitate shareholders and debenture holders who attending the activities arranged by the Company such as the preparation of venue, the preparation of food and beverage, etc. | Legitimate Interest |
3.5 | For recording of images, audio, and/or video during the meetings to facilitate the attendees for reviewing afterward, for the public relation purposes, for the benefit of the Company, or for the benefits of the meeting attendees. | Legitimate Interest |
3.6 | For recording the meeting and to arrange the minute of meeting for submission to the relevant authorities such as the Stock Exchange of Thailand. | Legitimate Interest |
3.7 | For the purpose of accounting and preparing audit document reports in compliance with laws. | Legal Obligation |
3.8 | For being a database of the Company’s stakeholders and/or for utilization of the data for various coordination and communication purposes related to the Company or for sending news and any proposals for the benefits of shareholders and debenture holders. | Legitimate Interest |
3.9 | For establishing the right to legal claim, for compliance with or exercise any legal claim or for raising any defense against any legal claim, for proceeding any litigation and including for execution of the judgement. | Legitimate Interest |
3.10 | For compliance with legal obligations or any competent official such as to comply with summon, court injunction, police officers, prosecutors, and for reporting or disclosure any information to government bodies or independence entities. | Legal Obligation |
3.11 | For emergency contact purposes and disease control measures | Vital Interest |
Personal data collected by the Company for the purposes of payment of dividend to shareholders, payment of face value and or interest to debenture holder, administering of shareholders registration or debenture holders and including proxy are necessary for the Company to comply with the contractual obligation, or the rights and obligation of debenture issuers and debenture holders, as well as to comply with the applicable laws, including compliance with the laws governing public limited companies, securities, and stock markets. If you do not provide the Company such necessary personal data, the Company may unable to manage or administer the contracts of shareholders and debenture holders (if applicable).
4. Retention period of Personal Data
The Company will retain your personal data for as long as necessary and appropriate to fulfill the purposes for which it was collected, used, or disclosed as specified in Section 3. The criteria for determining the retention period are the duration of relationship between the Company and you and the ongoing duration of any interest the Company still providing to you. Retention period of your personal data may be extended as long as necessary for legal compliance or the statutory limitation period, for the establishment of legal rights, the exercise or enforcement of legal claims, or for other purposes in accordance with the Company’s policies and internal regulations.
5. Your rights as owner of Personal Data
Under the provisions of the laws and any exemptions provided by relevant legislation, you have the rights and can request to exercise your various rights through the channels specified by the Company in Section 9. The details of your various rights are as follows:
- Right to withdraw the consent
In the event that you have given consent to the Company for the processing of personal data, whether that consent was given before or after the effective date of the Personal Data Protection Act B.E. 2562, you have the right to withdraw your consent at any time, unless such withdrawal is limited by law or a contract that provides benefits to you. - Right to request access to and request for making copy of personal data
You have the right to request access to and/or obtain copies of your personal data that is under the responsibility of the Company, including requesting disclosure of the sources of personal data collected by the Company without your consent. However, the Company has the right to refuse your request under certain circumstances as provided by law, court order, or in cases where the exercise of your rights may adversely affect the rights and freedoms of others. - Right to request for submitting or transferring of personal data
You have the right to request access to your personal data from the Company, including requesting the Company to send or transfer such data to other data controllers. However, the exercise of this right must be subject to the conditions prescribed by laws. - Right to object the processing of personal data
You have the right to object to the collection, use, or disclosure of personal data relating to you, unless the Company has legitimate reasons to deny the request as permitted by laws. - Right to request to delete or destroy personal data
You have the right to request the Company to delete or destroy your personal data or make your personal data no longer identifiable to the individual level. However, exercising the right to delete or destroy personal data must be subject to the conditions as prescribed by laws. - Right to request for restriction of processing personal data
You have the right to request the Company to suspend the use of your personal data in the following cases:- When the Company is in the process of verifying and making corrections to personal data as requested to be accurate, complete, and up-to-date.
- When your personal data is collected, used, or disclosed without legal consent.
- When your personal data is no longer necessary for the purposes stated by the Company but you wish for the Company to continue storing the data for the exercise of legal rights.
- When the Company is in the process of verifying the lawful grounds for collecting, using, or disclosing your personal data for public interest purposes, arising from your objection to the collection, use, or disclosure of personal data.
- Right to request for correcting the personal data
If you find that your personal information is incorrect, incomplete, or not up-to-date, you have the right to request corrections to ensure accuracy, completeness, and to prevent any misunderstandings. - Right to lodge a complaint
You have the right to file a complaint with the Personal Data Protection Committee or the relevant authorities empowered by the Personal Data Protection Act B.E. 2562. If the Company violates or fails to comply with the aforementioned act. In this regard, please contact the Company directly to provide them with an opportunity to be informed of the facts and address any issues or concerns you may have in the first instance.
In order to comply with the purposes, set out in this Privacy Notice, the Company may disclose your personal data to the following individuals below:
- Subsidiary companies, affiliated companies and SAMART Group companies for their supporting for the achievement of the aforesaid purposes set out
- Government agencies, law enforcement agencies, courts, regulatory bodies (such as the Ministry of Commerce, the Securities and Exchange Commission, the Stock Exchange of Thailand, Thailand Securities Depository Company Limited, or individuals involved in legal proceedings) or other individuals, when the Company has a reasonable belief that it is necessary to comply with the laws, protect the rights of the Company, the rights of external individuals, or the safety of individuals. This includes fulfilling obligations related to the transfer or assignment of rights and/or the Company’s duties.
- Service providers involved, such as activity organizers and facilitators for shareholders, loan shareholders, and their representatives, auditors, financial institutions, guarantors and their agents, securities companies, partners and business associates, consultants, professional service providers, and other individuals necessary to carry out the purposes of collecting and processing personal data as stated in this Privacy Notice.
- Electronic media and print media, for the purpose of disseminating meeting reports and promoting meetings.
- Personal data processors.
7. Security Measures of Personal Data
The Company has implemented appropriate measures to ensure the security and confidentiality of personal data. These measures encompass preventive measures, technical safeguards, and physical security measures to control access to and ensure the confidentiality, accuracy, and availability of personal data. These measures aim to prevent unauthorized loss, access, use, modification, or disclosure of personal data and are in accordance with applicable laws. The Company will periodically review these measures as necessary or when there are technological changes to ensure an effective and appropriate level of security.
8. Submit or transfer Personal Data to abroad
The Company may install your personal data on computer servers or in cloud of the service providers situated in abroad and there may be the personal data processing by using software package of program or application of service providers in abroad. In any circumstance, the submission or transferring any personal data to abroad, the Company shall comply with the Personal Data Protection Act B.E 2562.
9. Contacting channel
If you have any inquiries or need more detail related to the protection of your personal data collected, used or disclosed your personal data, your rights exercising or you may have any complaint, please contact the Company or Data Protection Officer of the Company as follows:
Data Controller
Samart Telcoms Public Co., Ltd.
99/7 Software Park, 29th Fl., Moo 4, Chaengwattana Rd.,
Klong Gluar, Pak-Kred, Nonthaburi 11120
E-mail: [email protected]
Website: www.samtel.comData Protection Officer (DPO)
99/1 Software Park, 11th Fl., Moo 4, Chaengwattana Rd.,
Klong Gluar, Pak-Kred, Nonthaburi 11120
Email: [email protected]
Telephone No.: 0-2502-6000
In the event of any amendments or changes to this privacy notice, the Company will notify you through the Company’s Website, shareholder meeting invitations for the annual general meeting, market communication channels, and/or email notifications. The updated version of the privacy notice will be effective immediately upon its announcement. If necessary, and if consent is required, the Company will seek additional consent from you.