Privacy Policy

This Privacy Policy (“Policy”) sets out how we handle and process Personal Data received from individuals, as well as our practices concerning such data. In this Policy, the terms “Merck”, “we”, “us” and “our” refer to Merck Ltd.

As we are based in Thailand, we process your Personal Data in compliance with applicable data protection laws of Thailand, including the Personal Data Protection Act B.E. 2562 (2019) and other applicable laws.

1. ABOUT US

Our services are made available by Merck. Merck is the data controller responsible for your personal information.

Merck is a juristic person established under the laws of Thailand with its principal office address at 622 Emporium Tower, 19th Floor, Sukhumvit Rd., Klongton, Klongtoey, Bangkok 10110, Thailand

Merck is a part of Merck group companies, a German multinational pharmaceutical, chemical and life sciences company headquartered in Darmstadt, Germany.


2. HOW TO CONTACT US

If you have any questions about this Policy or want to exercise your rights set out in this Policy, please use the contact form on our website (https://www.merckgroup.com/en/worldwide/merck-in-thailand.html). You can also contact us using the following contact details:

• Send us an email to: privacy@merckgroup.com


3. WHAT IS PERSONAL DATA?

“Personal Data” is any information relating to an individual, which enables the identification of such individual, whether directly or indirectly, but not including the information of the deceased persons in particular. Examples of Personal Data that we may collect include name and contact details (e.g. postal address, e-mail address, telephone number).


4. WHAT PERSONAL DATA IS COLLECTED?


4.1 We may collect various types of Personal Data about you:

 (a) information necessary to fulfil your orders
 (b) information necessary to perform obligations under contracts
 (c) information you give us in forms or surveys
 (d) information about your visits to our premises and events
 (e) information you give us in calls you make to call centres
 (f) information about your preferences and interests
 (g) information necessary to verify your identity and age
 (h) information necessary to provide you with press releases or e-mail alerts


4.2 Where required, we may collect Personal Data about other persons (from whom you have obtained consent to provide such data to us in accordance with this Policy).


4.3 We will not process any special (or sensitive) categories of Personal Data or personal information relating to criminal convictions or offences except where we are able to do so under applicable laws or with your explicit consent.


4.4 Your provision of Personal Data to us is voluntary and you may at any time withdraw your consent for our use and disclosure of the Personal Data you provide. You are responsible for and must ensure that all Personal Data that you provide is true, accurate and complete.


5. HOW WE COLLECT AND RECEIVE PERSONAL DATA


5.1 You will either be asked to explicitly consent to our collection, use, and/or disclosure of your Personal Data or otherwise informed of the lawful basis on which such collection, use, and/or disclosure is based.


5.2 We collect and receive your Personal Data via different methods:


(a) Personal Data you provide to us: You may give us your Personal Data directly. This is often the case where you contact us with enquiries, complete forms online or by hand, subscribe to receive our marketing communications or provide feedback to us.
(b) Personal Data we collect from you automatically: We may automatically collect certain technical information about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies and other similar technologies.
(c) Personal Data we receive from third parties: From time to time, we will receive Personal Data about you from third parties.


6. PURPOSES AND LEGAL BASIS FOR COLLECTION, USE & DISCLOSURE OF PERSONAL DATA


6.1 We collect, use and disclose the Personal Data for the following purposes and any other related or associated purposes (collectively, the “Purposes”):

(a) managing your relationship with us;
(b) delivering products and/or services to you;
(c) assisting you with your enquiries;
(d) obtaining feedback and keeping you updated on our services;
(e) complying with our legal obligations and requirements;
(f) enforcing obligations owed to us;
(g) carrying out research, planning and statistical analysis;
(h) administrative purposes, such as accounting, risk management, record keeping;
(i) staff training;
(j) sending you e-mail alerts to which you have subscribed; and
(k) For other purposes that we notify you of, or will be clear from the context, at the point the Personal Data is first collected


6.2 We may use Personal Data to contact you for the above Purposes via post, fax, e-mail, SMS, telephone or any other means.


6.3 The legal basis for our use of your Personal Data is one of the following:

(a) compliance with a legal obligation to which we are subject;
(b) the performance of a contract to which you are a party;
(c) a legitimate business interest that is not overridden by interests you have to protect the information;
(d) where none of the above applies, or where law requires it, your consent (which we will ask for before we process the Personal Data).


7. DISCLOSURE OF PERSONAL DATA


7.1 We will not sell or rent Personal Data you provide to any third party.


7.2 We may disclose your Personal Data in connection with the Purposes, including to third parties who provide services to us or whom we work with, including:

(a) our related entities, such as other entities within the Merck’s group companies;
(b) our business partners, such as distributors and dealers; and
(c) suppliers, service providers and data processors providing services to us.


7.3 We may also disclose your Personal Data to third parties where required or permitted by law.


7.4 We disclose your Personal Data with others only in accordance with applicable laws. Thus, where law requires your consent, we will first ask for it.


8. TRANSFER AND PROTECTION OF PERSONAL DATA


8.1 As we are a part of Merck’s group companies, your Personal Data may be transferred to one or more Merck’s group companies as needed for data processing and storage, providing you with access to our services, providing customer support, making decisions about improvements to our services, content development or for other purposes set forth in this Policy.


8.2 When you submit Personal Data to us, whether through your interactions with our website, our offices or our events, you acknowledge that your Personal Data may be transferred outside Thailand where it will be stored and processed by us, any of Merck’s group companies and our suppliers for the purposes set out in this Policy.


8.3 When we transfer your Personal Data outside Thailand, we will comply with our legal and regulatory obligations in relation to your Personal Data, including having a lawful basis for transferring Personal Data and putting appropriate safeguards in place to ensure an adequate level of protection for the Personal Data. We will also ensure that the foreign recipient is obligated to protect your Personal Data at a standard of protection comparable to the protection under Thai law.


8.4 Our lawful basis will be either consent (i.e. we may ask for your consent to transfer your personal information outside Thailand at the time you provide your information) or one of the safeguards permissible by laws.


9. RETENTION PERIOD


9.1 We will retain Personal Data for the period necessary to fulfil the Purposes for which the Personal Data was collected in compliance with our obligations under Thai laws. After such period, we will destroy such Personal Data from our archives without notice or any further liability.


9.2 The retention period will vary depending on the Purposes for which the Personal Data was collected. Where any Personal Data is only useful for a short period (such as for a specific event, marketing campaign or recruitment purposes), we may delete it at the end of such period.


9.3 You have the right to request us to delete the Personal Data in some circumstances. Please note that we are sometimes legally obliged to retain your Personal Data, for example, for tax and accounting purposes.


10. YOUR PERSONAL DATA RIGHTS


You have the following rights in relation to the Personal Data we hold about you. If you wish to make a request to exercise your rights, you can contact us by using our contact details in the “How to Contact Us” section above.


10.1 Right of Access
You may request for access to the Personal Data that you provide to us. We will confirm whether we are processing your Personal Data and, if so, provide you with a copy of the same. To the extent permitted by law, we may levy a reasonable fee for processing your request in producing additional copies.


10.2 Right to Rectification
You are entitled to rectify your Personal Data if the Personal Data we hold about you is inaccurate or incomplete. In such event, we will notify any persons to whom we have shared your Personal Data where possible.


10.3 Right to Erasure
You may ask us to delete or anonymize your Personal Data in certain circumstances, where:

(a) the Personal Data are no longer necessary in relation to the Purposes for which they were collected or otherwise processed;
(b) you withdraw consent on which the collection or processing is based on, and where we have no legal ground for such collection or processing;
(c) you have a right to object further processing of your Personal Data (see below) and execute this right object to the processing; or
(d) the Personal Data have been unlawfully processed.
The above does not apply to the extent that such Personal Data retention is necessary for the purpose of freedom of expression, for the performance of a contract, the purpose of establishment, compliance or exercise of legal claims, or defense of legal claims, or other purposes permissible by and in compliance with the law.


10.4 Right to Restriction
You can ask us to block or suppress the processing of your Personal Data in certain circumstances, where:
(a) you contest the accuracy of the Personal Data we use;
(b) you object to our using the Personal Data on the basis of legitimate interest;
(c) we do no longer need your Personal Data but you require them for the establishment, exercise or defense of legal claims; or
(d) the processing is unlawful and you request the restriction of processing in preference to erasure of that Personal Data.


10.5 Right to Object
You can ask us to stop processing your Personal Data, and we will do so, if we are:
(a) relying on our own legitimate interest or those of a third party to process your Personal Data, unless we are able to demonstrate compelling legal grounds for processing; or
(b) processing your Personal Data for direct marketing purposes.
If you object to the processing, please specify whether you wish the erasure of your Personal Data or the restriction of its processing by us.


10.6 Right to Portability:
You have the right, in certain circumstances, to obtain Personal Data you have provided to us (in a commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer it directly to a third party as specified by you .


10.7 Right to Withdraw Consent
If we rely on your consent as our legal basis for processing your Personal Data, you have the right to withdraw that consent at any time.


10.8 Right to Lodge a Complaint
If you have a concern about any aspect of our privacy practices, including the way we have handled your Personal Data, please contact us using the contact details provided in the “How to Contact Us” section above. In case of an alleged infringement of applicable privacy laws, you may lodge a complaint with the data protection supervisory authority, including the Personal Data Protection Commission of Thailand.


11. CHANGES TO THIS POLICY


11.1 We may make changes to this Policy from time to time to reflect any changes to our use of your Personal Data. We may also make changes as required to comply with changes in applicable law or regulatory requirements. To ensure that you are always aware of how we use your Personal Data, we will notify you by email, SMS or pop-up notice of any significant changes. However, we encourage you to review this Policy periodically to be informed of how we use your Personal Data.


11.2 The lasted version of this Policy in force at any given time will apply to our collection, use and disclosure of Personal Data.


This Policy is effective 1 November 2020 and supersedes all previous privacy policies issued by us.