Personal Data Protection Notice (English)
PERSONAL DATA PROTECTION NOTICE
KHAW & PARTNERS (“K&P” or “we” or “us” as the case may be) endeavours to protect your personal data. This Personal Data Protection Notice (“Notice”), issued pursuant to the Personal Data Protection Act 2010, helps you understand how we collect, process, use, disclose and retain personal data collected from you. Personal data is information that relates directly or indirectly about an individual, who is identified or identifiable from that information or from that and other information.
Collection of Personal Data & Sources of Personal Data
We may collect personal data from you when you:
- contact us or make enquiry with us
- asking us to provide you with information about us or the services provided by us
- appoint or engage us to provide legal and/or other available services (“Services”) to you and during the period when we are retained by you for the provision of any Services
- are or become a party, or referred to in any transaction or document in relation to any Services provided by us
- use our website or posting information to public areas of our website
- filling out or completing application form, client information sheet, memorandum of retainer and any other form, questionnaire and document with your personal data included
Description of Personal Data Collected
The personal data and/or documents which we may collect from you include:
- personal details such as name, title, gender, date of birth, national registration identification number/passport number, copy of identity card/passport and if applicable, other identification details and documents
- details required for contacting and communicating with you such as residential address, correspondence address, e-mail address, facsimile number and telephone number
- if applicable for the purposes of effecting payment transaction, payment data such as bank account number and other related information or data required to verify and/or process payment transactions
- feedback on any Services provided by us
- information and views about you which we may obtain from any other parties, e.g. from searches and from carrying out security, credit and/or other checks and investigations, and from our assessment, opinion, appraisals and evaluations
- any personal data and information provided to us in connection with or for the provision of Services required by you, including all those personal data and information derived from any contracts, instruments or documents provided by you or on your behalf
- any other personal data and documents as may be requested of you or which you may provide in or pursuant to any specific form/document/contract involving you, or in connection with any of the purposes set forth or referred to in this Notice or as may be required by law
The extent of and the exact personal data and documents that are collected from you vary from case to case depending on a range of factors and circumstances, such as the type, nature and extent of the Services required to be provided by us and any specific needs and requirements which you may require.
Purposes of Collection & Processing of Personal Data
The personal data which we may have collected or may be collecting from you or which you may have provided or may be providing to us will be processed (which includes verifying, holding, storing, organizing, adapting, retrieving, altering, modifying, correcting, erasing, deleting and/or destroying), used, disclosed and/or shared for, amongst others, the following purposes or any of them:
- to assess, evaluate and consider whether or not (a) to accept you as a client; (b) to accept an engagement to provide Services; (c) to provide or continue providing Services; (d) to act as your legal representatives, attorney or counsel; or (e) to continue or discontinue with solicitors-client relationship
- to enter into solicitors-client relationship or any other arrangement for the provision of the Services
- for performance of any of the Services or professional tasks for which we have been retained or appointed
- to contact or communicate with you (a) regarding client relationship management matters; (b) regarding our Services, events, seminars and other activities; and (c) to provide you with our firm profile, bulletin, handout and share with you legal news and updates
- for administration, management and financial purposes including for: (a) credibility assessment, conflict and other background checks and evaluation; (b) investigation of complaints; (c) insurance purchase and claims; (d) billings and processing of payment transaction/instructions; (e) collection of payments from you or others; (f) maintenance of clients data base and records; (g) internal record keeping; (h) clients profiling activities in connection with the Services rendered; (i) publications, marketing activities, research and statistical analysis
- prevention or detection of crime, compliance with legal, regulatory and statutory obligations, court order or requirements of applicable laws, rules, regulations, codes, guidelines and the like whether or not having the force of law
- any other matters and purposes which are usual or customary in connection with solicitor and client relationship.
Disclosure, Sharing & Transfer of Personal Data
We may disclose and share your personal data to any of the following categories/class of third parties:
- to any firm (including other legal firms), organisation, body corporate or unincorporate and any other third parties, whether in or outside Malaysia, in connection with any of the Services eg. appointment of trademark agents in other jurisdictions or the engagement of foreign counsels
- to our agents, contractors, vendors, advisers, consultants or other third party (including but not limited to financial institutions, insurers, insurance brokers, courier companies, third party storage provider) (whether in or outside Malaysia) who provide administrative or other related services to us (such as advertising, information technology and software development, website hosting and management, office services, accounting, audit and other professional services)
- to any regulatory, statutory, governmental or other relevant authorities, agencies or bodies and industry regulators, and any other person if compelled, required or permitted to do so by law, rules, regulations, legal process, litigation, pursuant to any order of a court of competent jurisdiction and/or request from public or governmental authorities or agencies
- to any third party if we have good faith belief that it is required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of K&P or others
- to any relevant persons, parties or advisers in connection with any admission of new partners, joint venture, collaboration, acquisition or any proposal relating thereto involving us or any part of us or all or any part of our assets or liability or in connection with any merger, reconstruction or dissolution involving us
- to any management companies owned or controlled by our partner(s) which provides ancillary or other services to us or to our clients and any other related or affiliated entities (whether in or outside Malaysia) in connection with any of the purposes for which the personal data is collected
Your personal data may be transferred to one or more other locations outside Malaysia if required or deem necessary or desirable by us in connection with any of the purposes for which the personal data is collected.
(All of such purposes where the personal data is collected by us or on our behalf shall hereinafter be referred to collectively as “the Purposes”).
Failure to Provide Personal Data
It is obligatory for you to provide your personal data and relevant documents to us to enable us to use and process such personal data for any of the Purposes. Otherwise, we will not be able to act for you or use, process or disclose or continue to use, process or disclose personal data for the purposes of providing Services or for any other Purposes. We shall have the right to terminate our solicitors-client relationship with you if you withdraw all or any of your authorization/consent given to us for the collection, use, processing and disclosure of personal data if we deem that such withdrawal unreasonable or unjustified in the circumstances, or if it will or could likely result in us being unable to perform the Services or any of our obligations to you or any other party.
We will take reasonable precautions to safeguard your personal data and implement appropriate measures as required by applicable laws to protect your personal data from unauthorised or unlawful use or processing and unauthorised or accidental access or disclosure, alteration or destruction of your personal data. However, we have no control over the privacy and security of any communication while it is in transit to us.
We may keep your personal data for a reasonable period or as may be necessary in accordance with legal requirements
Access To & Correction of Personal Data, Questions and Further Information
You may contact us and (subject to payment of fee not exceeding the amount permitted by law, if any, where applicable), make inquiries, complaints and/or request, in writing, for access to, or correction of, your personal data held by us or to limit the processing of your personal data by submitting such request to the Office Manager via e-mail or via registered post or personal delivery to the address set forth below:-
Telephone: 03-2141 7633
Postal address: Khaw & Partners, 6th Floor, Menara Boustead, No.: 69, Jalan Raja Chulan, 50200 Kuala Lumpur
Any request of access or request of correction or limiting the processing of your personal data is subject always to the requirements, restrictions and the provisions of the Personal Data Protection Act 2010 and any rules, regulations, orders, codes and our rights thereunder.
We reserve the right to review, update, amend or modify this Notice from time to time to reflect changes in law and our professional practices, policies and procedures. The latest version of this Notice may be available at our website at www.khawpartners.com.my. You are advised to check our website regularly to read the most recent version of this Notice.