Customer Privacy Notice

This privacy notice describes how Kobayashi Healthcare (Thailand) Co., Ltd. (“we”, “our” or “us”) collects and processes personal information about you, how we protect this information, and your rights in relation to this information.

This privacy notice applies to all personal information we collect or process about you. Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified.

1. Personal information we collect

   We collect personal information from you directly (e.g. when you contact us about a product), and may generate information about you in the course of our relationship with you.

   The categories of information that we collect directly from you will include any personal information you include in correspondence to us. This may include personal details (e.g. name, date of birth); contact details (e.g. phone number, email address or postal address); details about purchases you have made (e.g. when you make purchases or respond to offers); and any other information you provide to us.

   In case the personal information, which we will process for the purposes set forth below, relates to the compliance with the laws or contracts, or is necessary for entering into a contract with you, whereby, such personal information is necessary for the achievement for such purposes, if you do not provide such personal information to us, there may be a legal impact, or we may not be able to perform our legal obligations under the contract entered into with you or may not be able to enter into the contract with you.

   If you are an employee of a seller of our products, we may also collect other information about your employment from you including your job title, place of work and delivery addresses.

2. How we use your personal information and the basis on which we use it

   We may use your personal information for the following purposes:

   • Responding to communications: if you contact us, we will use your personal information to respond to any communications and resolve any complaints you have. This is to meet our legitimate interests in providing the best service we can to the users of our products.
   • Managing orders: if you order our products as a seller, we will use your personal information to process your order and to invoice. This is to meet our legitimate interests in fulfilling our orders, and to meet our customers' expectations of our service.
   • Improving our products and services: If you contact us about our products or our service, we may use your personal information to make suggestions about improvements to our products. It is in our legitimate interests to provide the best products possible to all our customers.
   • Managing our business: we may use your personal information to keep our records of our customers and our sales accurate and up to date, and to ensure that we meet any legal obligations to which we are subject. Where not necessary to comply with any such legal obligations, we do this to meet our legitimate interests in running our business most effectively.
   • Exercising our rights: we may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect breaches of the law or of our policies.
   • Complying with our obligations: we may process your personal information to comply with other legal or regulatory requirements, where this is explicitly required by law.

3. How and when we Share Your Personal Information

   We may share your personal information with third parties under the circumstances including but not limited to the following circumstances:

   • Service providers and business partners: We may share your personal information with our service providers and business partners that perform business operations for us for the purposes set forth above. For example, we may partner with companies to process payments, fulfil orders, and manage deliveries.
   • Group companies: Kobayashi Healthcare (Thailand) Co., Ltd. is owned by Kobayashi Pharmaceutical (Singapore) Pte. Ltd. in Singapore, and we work closely with our parent company and other companies in the Kobayashi Group including Kobayashi Pharmaceutical Co., Ltd. in Japan. We may share your personal information with members of the Kobayashi Group (See the attachment for a full list), including but not limited to, International Business Division of Kobayashi Pharmaceutical Co., Ltd. in Japan which may process that personal information for the purposes set out above.
   • Where required by law: We may share your personal information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
   • In the context of a transaction: We may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner that is consistent with this privacy notice.

4. Your rights over your personal information

   You have certain rights regarding the personal information we hold about you, subject to Thai law. These may include the rights to access, correct, delete or destroy or anonymize the personal information to become the anonymous data which cannot identify the data subject, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. You also may have a right to lodge a complaint with your local data protection or privacy regulator.

   We encourage you to contact us at the contact information set forth below to update or correct your information if it changes or if the personal information we hold about you is inaccurate. Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time.

   Please note that we may require additional information from you in order to honour your requests.

   If you would like to discuss or exercise any rights you may have under law, please contact us at the contact information set forth below.

5. Information Storage

   We retain your personal information for as long as necessary for the fulfilment of the purposes for which we have collected your personal information or for as long as necessary as may be allowed by applicable law. When we determine how long to keep your personal information after our relationship with you has ended, we take into account our legal rights and obligations. In particular we may retain records to investigate, commence or defend potential legal claims.

6. International Data Transfer

   Your personal information may be transferred to, stored, and processed in a country that does not have adequate data protection standards as prescribed by the Personal Data Protection Committee (the “PDPC”). In this regard, we have put in place appropriate safeguards, including contractual commitments, with effective legal remedies to ensure your rights as prescribed by the PDPC.

   However, in case of transferring your personal information to our affiliates in a country that does not have adequate data protection standards as prescribed by the PDPC in order to jointly operate the business or group of undertakings, such transfer will comply with our personal data protection policy approved by the PDPC. In the absence of the personal data protection policy approved by the PDPC, we have put in place appropriate safeguards, including contractual commitments, with effective legal remedies to ensure your rights as prescribed by the PDPC.

7. Contact Us

   Kobayashi Healthcare (Thailand) Co., Ltd. is the data controller responsible for the personal information we collect and process.

   If you have questions or concerns regarding the way in which your personal information has been used, please contact us at:

   Contact Address: No. 540 Mercury Tower 12th Floor, Unit 1201 Ploenchit Road, Lumpini Sub-district, Pathumwan District, Bangkok 10330

   Telephone No.: 02-658-5528

   E-mail Address: hrteam.kht@kobayashi.com

   Responsible Person: Business Operating Manager

   We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.

8. Changes to the Policy

   We may modify or update this privacy notice from time to time. If we make any revisions that materially change the ways in which we process your personal information, we will notify you of these changes before applying them to that personal information.

   August 31, 2023