Candidate Privacy Policy – Thailand
This Privacy Policy for Candidates (“Privacy Policy”) describes our practices with respect to Personal Data collected in the context of the recruiting activities and talent community of Delivery Hero (Thailand) Co., Ltd. and its affiliated companies (please refer to section 1 below to find out more about who exactly we are). This Privacy Policy further provides information on your rights under applicable data protection laws.
For the purposes of this Privacy Policy,
“Personal Data” any information which enables identification of a living individual, whether directly (like your full name, email address, phone number, etc.) or indirectly (like a user ID connected to your identity).
“PDPA” means the Personal Data Protection Act B.E. 2562 (2019), as amended from time to time.
“Personal Data Protection Laws” means the PDPA, subordinate laws issued by virtue of the PDPA, and other legislations relating to the protection of Personal Data.
“Processing” or “process” refers to any operation performed on your Personal Data, for example the collection, storage, use, disclosure, or destruction of your Personal Data
“Sensitive Personal Data” means any Personal Data as described in Section 26 of the PDPA, as amended from time to time, as well as any other applicable laws and regulations, which includes Personal Data pertaining to race, ethnicity, political, religious, or philosophical beliefs, sexual behavior, criminal records, health data, disability, labor union, genetic data, biometric data, or any other data that may similarly affect data subjects.
This Privacy Policy applies if you are a job applicant or candidate of Delivery Hero , and will also apply to you if you are relevant to a job applicant or candidate and your Personal Data is collected and processed for recruitment related activities. This Privacy Policy does not cancel or supersede other privacy policies which may be applicable to you.
In the event that you provide Personal Data of any other person to us, you warrant that you have duly informed such other person of all details described in this privacy policy, and if required, you have obtained consent from him/her before providing the Personal Data of such person to us. In addition, if the consent for the processing of the Personal Data is required, you agree to assist Delivery Hero in obtaining the valid and enforceable consent from such person in accordance with the requirements prescribed in the PDPA.
Who is the data controller?
When you apply for a position with Delivery Hero (Thailand) Co., Ltd., Delivery Hero (Thailand) Co., Ltd. will be the data controller (i.e., the entity having the power and duties to make decisions regarding the processing of your Personal Data) responsible for the processing of your Personal Data in accordance with the Personal Data Protection Laws. Delivery Hero (Thailand) Co., Ltd. has affiliated companies all over the world forming the global Delivery Hero group of companies (collectively known as “Delivery Hero”, “we”/“us”/“our”).
When you apply for a job with Delivery Hero, please be aware that the respective Delivery Hero company which you seek employment with will be responsible for processing your data. On the online careers platform available at careers.deliveryhero.com (“Website”) you will find additional information about which Delivery Hero company exactly is recruiting you (as these companies might vary depending on which country you would like to work from).
2. What type of personal data do we process and how do we use it?
2.1 Information you actively provide to us when you apply for a job (“Application Data”):
We primarily receive information when you use the contact form, subscribe to job alerts or apply for a job on the Website. When you use the Website we may require you to provide us with certain Personal Data such as name, email address, phone number or other contact data in order to contact you or to answer your queries. While applying for a job, you may also be required to provide your resume/CV, educational certificates or a cover letter which may contain additional Personal Data. The exact data fields can be found on the application form on the Website.
We need your Application Data for the solicitation, evaluation, and selection of candidates for employment with Delivery Hero. Thus, your Application Data will be processed for the purposes of managing our recruitment related activities, which include setting up and conducting interviews or, in certain cases, background checks, and as is otherwise needed in the recruitment and hiring processes. If you do not provide the necessary Application Data for this purpose, we may be unable to process your application further or take the necessary steps to process your application for entering into employment contract with us.
The legal bases for processing your Personal Data for the aforementioned purposes are ‘entering into’ or ‘legitimate interest’ where applicable.
In certain cases, we will also use your Application Data to maintain our talent pool and to contact you in the future with job offers. However, if you do not wish us to retain your Personal Data for future opportunities, please inform us accordingly – you always have a right to opt out from these processing activities.
In this regard, the legal basis for this processing activity is ‘legitimate interest’.
We kindly ask you not to send us any Sensitive Personal Data without first granting your explicit consent for us to process such data (e.g. full copy of Thai national identification card which contains religion and/or blood type, criminal record check, health data, ethnic origin, political opinions, religious or philosophical beliefs). We do not need this information for the application process.
With regard to our recruitment of programmers and technical engineers, please be aware that we might conduct certain online coding skill tests to assess your suitability for employment with Delivery Hero by asking you to solve a programming problem; these might include live-coding assessments. The tests will be conducted through an online assessment platform operated by one of our third-party providers. To invite you to do these online assessments, we will send you a direct link once you have applied for a position with Delivery Hero. You will learn more about the identity of our service provider before you start the assessment. We will process Assessment Data for the sole purpose of assisting our recruiters in determining if you will be successful in the role for which you have applied and evaluating and assessing the results of your test. We will not use the assessment result for any automated decision-making.
The legal bases for processing for this purpose are ‘entering into’ or ‘legitimate interest’ where applicable.
If you do not provide the necessary Assessment Data for the aforementioned purposes, we may be unable to process your application further or take the necessary steps to processing your application for entering into employment contract with us.
2.3 Information gathered from third parties (“Third-Party Candidate Data”):
To be able to offer you a position with our organization, we may process Personal Data collected not directly from yourself but from third parties. If this is the case, we will send you a notification without undue delay after adding your data to our systems, e.g. by email (unless you have already received such a notification from the third party who transmitted the data to us). Your Personal Data will either be obtained from publicly available sources (e.g. career networks such as LinkedIn, Glassdoor, Indeed or others; we do not collect data from social media) or provided to us by someone who referred you for potential employment, such as a Delivery Hero employee, a recruitment agency or a headhunter. In some instances, if required to verify your information, we will initiate a limited verification process for the documentation and references you have provided by double checking your information with former employers or educational institutions. If we conduct such checks we will notify you separately in writing prior to launching the assessment.
Your Personal Data will be processed solely for the purpose of managing our recruitment-related activities, which include setting up and conducting interviews and tests for candidates, evaluating and assessing the results thereto, and as is otherwise needed in the recruitment and hiring processes. Such processing is legally permissible as it is necessary for the purposes of the legitimate interests pursued by Delivery Hero which are the solicitation, evaluation, and selection of candidates for employment.
2.4 Information Collected During Your Registration for Our Talent Community (“Talent Community Data”):
You might also choose to join our Talent Community without immediately handing in your application for a specific position with Delivery Hero (either by creating a job alert or using the chat bot on the Website). In this case, we will collect your Personal Data (contact details e.g. name, phone number, email address, home address, uploaded documents). We will process this data in order to keep you up-to-date for future job opportunities at Delivery Hero, provide you with updates on our business activities or ask you for feedback to let us know about your experience with Delivery Hero. The open positions are advertised through newsletters, through direct emails from our recruitment team and the general follow up messages as part of our recruitment process. If you sign up for one of our talent events (either in one of our offices or online), we will process your Talent Community Data for the aforementioned purposes as well as for the organization of the event.
The legal basis for the processing of your Talent Community Data is ‘legitimate interest’. If you do not wish us to retain your Personal Data for the aforementioned purposes, including offering future opportunities, please inform us accordingly – you always have a right to opt out from these processing activities .
2.5 Information to Contact You (“Contact Data”)
You may also choose to receive information about your application via SMS or WhatApp. In this case, we will collect your Personal Data (contact details, e.g. name and phone number) in order to contact you.
The legal basis for processing your contact details to send you job application reminders via Whatsapp and/or SMS is ‘legitimate interest’. If you do not wish us to process the Contact Data to contact you via a specific channel, please feel free to inform us.
2.6 Information to Book Travel (“Travel Booking Data”)
To provide you a beneficial experience with our recruitment process, we might schedule onsite interviews with you at our office. In these cases, we might require certain information from you in order to be able to book travel arrangements, such as your name, email address, date of birth, passport number and other travel documents.
If you do not provide us with the Travel Booking Data, we may be unable to proceed with the recruitment process, which includes, for example, making necessary arrangements like scheduling interviews or facilitating other steps required for the further processing of your employment application.
The legal bases for processing your Travel Booking Data for the aforementioned purposes are ‘entering into a contract’ or ‘legitimate interest’ where applicable.
2.7 Automated Decision-Making
Your application will always be reviewed by a human being. We do not rely on solely automated decision-making to conduct our recruitment activities.
3. In case you are a minor
If you are a minor, you represent and warrant that, where it is required by applicable laws, you have duly obtained consent from your parent or legal guardian to enable us to process your Personal Data for the relevant purposes specified in this Privacy Policy. You also agree that Delivery Hero reserves the right to request for any proof of said consent at any time as Delivery Hero deems appropriate or necessary, and to suspend or terminate your account if you failed to provide us with said proof within the required timeframe. To the extent necessary, we may take appropriate actions to verify your age before or any time.
4.1 Within Delivery Hero, its affiliated companies, including Delivery Hero SE. Internally, your Personal Data will only be shared with the personnel involved in the hiring process and the management of our talent communities (if applicable), such as members of the Talent Acquisition team and the respective hiring managers. If you reach the final stages of the recruitment process and/or receive an offer from Delivery Hero, your Personal Data may be subject to review by our works council.
4.2 Service providers. The Website is powered by our database providers, the online recruiting service, human resources management and applicant tracking systems is provided by SmartRecruiters. Your Personal Data will be processed on behalf of Delivery Hero by our data processors, cloud services providers engaged by Delivery Hero to help manage our recruitment and hiring process on our behalf. We will ensure an adequate level of protection for Personal Data processed in accordance with this Privacy Policy at any point in time.
4.3 Group companies. Delivery Hero is a global organization with multiple brands around the world. You can find more information on our brands and their locations on our Website. Our global Talent Acquisition team is dedicated to connecting candidates with the best job opportunities across our group of companies. Therefore, when you apply for a job or join a talent community associated with a Delivery Hero company, we may share your Personal Data among our group of companies located in different countries. If there is a suitable opening or talent community aligning with your profile, a Delivery Hero company may contact you to encourage you to apply for a relevant position or to receive updates on future job opportunities within that specific entity. Before reaching out to you or adding you to a talent community, we will always ask for your consent.
If you do not want your Personal Data to be shared across the Delivery Hero group, you may opt out by contacting us at taops@deliveryhero.com. By opting out, we ensure that only the Delivery Hero company with which you are seeking employment will receive your Personal Data.
4.4 Third parties. We do not share Personal Data about our candidates with any third parties unless we have our candidates’ specific permission to do so, or we share information with private or public authorities that will enable us to fight fraud and abuse on our network, to investigate suspected violations of law, or to fight any other suspected breach of applicable law. This also includes screening our candidates in relation to international sanctions in the context of international security threats, terrorism or money laundering. In any case, you will be notified before we share your Personal Data with any third parties.
4.5. Business transfer. As a matter of policy, we do not rent or sell Personal Data about our candidates with non-affiliated third parties unless we have specific consent to do so. In the event that our business or a division of our business is reorganized or sold and we transfer all or substantially all of our assets to a new owner, your Personal Data may be transferred to the buyer, subject to appropriate privacy safeguards.
5. For how long do we retain your Personal Data?
After your application, unless you are starting your employment with us, we will store your Application Data for future consideration in our talent pool for a duration of 24 months after you have completed the application process (only if you have chosen to join our Talent Community).
If you do not grant us your consent for a longer retention period, depending on the entity to which you applied to, we will store your Application Data for a period between 6 months and 1 year after we have let you know that we currently cannot offer you a position with our organization.
We keep all other Personal Data no longer than necessary for the purpose for which we obtained them and for any other permitted compatible purposes, including compliance with legal obligations in the field of employment law.
In the case where your job application is successful and that you become our employee, your Personal Data will be retained in accordance with the Privacy Policy for Employees, which will be provided to you during the onboarding process or accessed by Confluence. In general, when you become an employee, your Personal Data will be retained throughout the employment term, and it would be retained for ten (10) years after the cessation of our contractual relationship, your resignation or termination of employment as per the general statute of limitation period under Thai law.
6. What legal rights do you have?
The PDPA provides you with various legal rights and we are committed to respecting them. For this purpose, we strive to provide clear and transparent information about your rights and make it as convenient as possible for you to exercise them.
Right to access | You have the right to access your Personal Data and obtain additional information on how we process it. You may also request a copy of the data we maintain relating to you. In addition, you have the right to request for us to disclose the source of your Personal Data, for which you did not provide consent. |
Right to rectification | If you notice that your Personal Data is incorrect, you can always request that we correct it. |
Right to erasure | You have the right to ask us to delete or anonymize your Personal Data. Please note that even if you exercise this right, we may be required to retain some of your information if we process it as part of our legal obligations. |
Right to restriction of processing | If you have requested the deletion of your Personal Data, but we are legally obliged to retain some of it, we will store your data in our archives and only reintegrate it into our operational systems with your consent. However, you will not be able to use the Website during this time, otherwise we will need to process your data again. |
Right to data portability | You can ask us to transmit your Personal Data in a machine-readable format to you or to another data controller. However, please note that this right only applies to Personal Data that we process under a contract or with your consent. |
Right to object | You have the right, for reasons arising from your particular situation, to object at any time to any processing of your Personal Data, which is processed on the basis of our legitimate interests or public interest. If you object, we will no longer process your Personal Data unless we can prove compelling grounds for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise, or defend against legal claims. |
Right to withdraw consent | Where we rely on consent to process your Personal Data , you have the right to withdraw your consent at any time. If there is no other legitimate ground upon which Delivery Hero is allowed to process your Personal Data, we will immediately stop processing it. Withdrawal of consent does not affect the legality of the processing carried out before the withdrawal. |
Right of complaint | You can raise a complaint about our processing with the competent data protection authority where you think a violation of data protection laws has occurred. For Thailand, the supervisory authority is the Office of the Personal Data Protection Committee. Notwithstanding the above, we would encourage you to contact us in order to resolve the issue prior to lodging any complaint to the supervisory authority. |
If you would like to exercise your legal rights, please contact us: TAPrivacy@deliveryherogroup.com
7. Personal data of other individuals
If you provide us with Personal Data of other individuals, you hereby undertake that you have duly informed such other person of this Privacy Policy, and you are authorized by these individuals to disclose their Personal Data to us and that these individuals have consented for their Personal Data to be collected and processed by us, as necessary.
8. Transfer your Personal Data to other countries
If your Personal Data needs to be transferred to another country which is located outside Thailand, which does not offer an adequate level of data protection, as required by the applicable Personal Data protection law, we will ensure that your Personal Data is protected by implementing adequate Personal Data protection standards for the transfer of your Personal Data outside Thailand, as prescribed under the PDPA.
Where your Personal Data will be transferred within our affiliates or group companies, we will use the appropriate safeguard as prescribed under the PDPA to ensure that your Personal Data will be protected in accordance with the applicable Personal Data protection law.
9. Changes to this policy
We reserve the right to change this Privacy Policy to ensure compliance with the applicable laws and regulations. We will inform you of any significant changes, such as changes of purpose or new purposes of processing.
10. How you can contact us
If you have any inquiries in relation to your Personal Data, you may contact us at:
Delivery Hero (Thailand) Co., Ltd.
Address: No. 6 O-NES Tower, 11th Floor, Sukhumvit 6 Alley, Khlong Toei Sub-district, Khlong Toei District, Bangkok 10110, Thailand
Delivery Hero SSC (Thailand) Ltd.
Address: No. 6 O-NES Tower, 11th Floor, Sukhumvit 6 Alley, Khlong Toei Sub-district, Khlong Toei District, Bangkok 10110, Thailand
Delivery Hero Logistics (Thailand) Co., Ltd.
Address: No. 6 O-NES Tower, 11th Floor, Sukhumvit 6 Alley, Khlong Toei Sub-district, Khlong Toei District, Bangkok 10110, Thailand
Delivery Hero Promotion (Thailand) Co., Ltd.
Address: No. 6 O-NES Tower, 11th Floor, Sukhumvit 6 Alley, Khlong Toei Sub-district, Khlong Toei District, Bangkok 10110, Thailand
To contact our Thai entities’ data protection officer, you may send your query to dpo@foodpanda.co.th or THLegal@foodpanda.co.th
To contact Delivery Hero’s group data protection officer, you may send your query to dpo@deliveryhero.com.