NOTICE PURSUANT TO PERSONAL DATA PROTECTION ACT 2010 (“NOTICE”)
1. This notice is issued pursuant to Section 7 of the Personal Data Protection Act 2010 (“the Act”). For the purpose of this Notice, “Personal Data”, “processing” and “data processor” shall have the meaning as defined in the Act.
2. This Notice applies to any person whose Personal Data is processed by Messrs Adnan Sundra & Low (hereinafter referred to as “we”, “our” or “us”) and/or by our data processor on our behalf.
3. In this Notice, “you” shall refer to yourself and such other persons represented by you of which you are providing the Personal Data, including the Personal Data of the directors, shareholders, managers and/or officers of a company; the Personal Data of the partners, managers and/or officers of a partnership; the Personal Data of the officer bearers of a society, club or unincorporated body.
A. The Nature of Personal Data
4. The Personal Data processed by us and/or by our data processor may include:
a. name, gender, race, date of birth, nationality, residency status, national registration identity card number, passport number, marital status, postal or correspondence address, contact details including mobile, office and residential telephone number, facsimile number, e-mail address, occupation or profession, employer’s particulars, photograph, property details, shareholding and loan details;
b. any such information relevant or required for our appointment and provision of legal services to you and our compliance with the legal and regulatory requirements; and
c. any additional information provided by you or by third parties about you that is not already available in the public domain.
B. Purpose of Collecting and Processing the Personal Data
5. The Personal Data is collected and processed by us and/or by our data processor for purposes including:
a. to verify your identity and to communicate or correspond with you;
b. to send you materials such as newsletters, articles, write-ups as well as other updates;
c. to distribute information or details of events, seminars, conferences and talks which may be of interest to you;
d. to render our legal services and for all purposes related to or in connection with our appointment;
e. to facilitate our compliance with the legal and regulatory requirements;
f. to enforce our legal rights and claims;
g. for purposes in connection with our operation, administration, record-keeping, billing and collection, audits, reporting and investigations;
h. for prevention or detection of crime or for the purpose of investigations of criminal activities, e.g. anti-money laundering activities;
i. to make such disclosures as may be required by law or regulations, court order or legal process;
j. to send as potential referees to (i) editors/researches in ranking legal publication and journals and/or (ii) clients/potential clients who request for referees of our past work;
k. for any other lawful purposes that is incidental or ancillary or in furtherance to the above.
C. Sources of Personal Data
6. The Personal Data is collected from various sources including but not limited to:
a. information which you have provided to us at the commencement of our appointment and, from time to time, in the course of our appointment or communication, by whatsoever means and/or in whatever manner;
b. information from public domains, credit reporting agencies, government department or agencies, public registries, social media and publications; and
c. information obtained independently by us from other lawful sources.
D. Disclosure or Transfer of Personal Data
7. Your Personal Data provided to us may be disclosed by us to the following third parties, for purposes as set out above:
a. any persons as directed by or consented to by you;
b. any persons as required in the course of us rendering our legal services, including but not limited to counter-parties, other advisors, financial institutions, regulatory bodies etc.;
c. any persons as required for the purposes of us complying with the legal and regulatory requirements;
d. any persons as required for the purposes of us enforcing our legal rights and claims;
e. our data processor who processes the Personal Data on our behalf; and
f. our consultants, solicitors, auditors, employees, insurance companies and any person who is under a confidentiality obligations towards us.
8. The Personal Data provided to us may be transferred to and/or stored in a place outside Malaysia for the purposes and/or to such third parties as set out above.
E. Consequences of Non-Provision of Personal Data
9. The provision of the Personal Data is voluntary in nature. You may also elect to limit the way the Personal Data provided to us is to be processed by us.
10. However, in the event the Personal Data provided by you is not sufficient or not satisfactory, or if you limit the way the Personal Data is to be processed, or if you subsequently withdraw your consent to us processing your Personal Data, this may result in us not being able to communicate or correspond with you and/or to provide our legal services to you under any potential or existing agreement or arrangement with you.
F. Security and Retention of Personal Data
11. We will take all practical steps, when processing the Personal Data provided to us, to protect the security of the Personal Data.
12. We will retain your Personal Data in compliance with this Notice for the duration of your relationship with us or for such period as we may deem necessary to protect our interests, where otherwise required under any legal, regulatory and/or accountings requirements.
13. We shall take all reasonable steps to ensure that all Personal Data is destroyed or permanently deleted if it is no longer required for the purpose for which it was to be processed.
G. Personal Data Provided By You
14. By providing to us the Personal Data, you hereby consent to us processing the Personal Data in accordance with this Notice and the Act.
15. In relation to Personal Data of any third party which are provided by you to us that is not already available in the public domain, you hereby confirm that you have obtained his or her consent that you are providing the Personal Data to us for the purposes as set out in this Notice and that the Personal Data may be disclosed to parties as set out in this Notice.
16. Please note that you are responsible for ensuring that the Personal Data provided to us is accurate, complete, not misleading and kept up-to-date. The Personal Data collected and processed by us is deemed to be accurate until and unless you inform us otherwise in writing.
H. Data Access and Correction, Inquiries and Complaints
17. You may, to the extent as permitted by the Act and upon payment of a prescribed fee:
a. request for access to Personal Data provided by you;
b. request for Personal Data provided by you to be corrected where the Personal Data is inaccurate, incomplete, misleading or not up-to-date.
18. If:
a. you have any enquiries regarding this Notice or complaints in respect of the Personal Data provided by you; or
b. you wish to access to the Personal Data provided by you; or
c. you wish to correct the Personal Data provided by you; or
d. you wish to withdraw your consent to us processing the Personal Data for any of the purposes as set out in this Notice; or
e. you wish to withdraw your consent to us disclosing the Personal Data to any of the parties as set out in this Notice;
please send your request in writing to:
Office Manager
Messrs Adnan Sundra & Low
Level 25, Menara Etiqa
No. 3, Jalan Bangsar Utama 1,
59000 Kuala Lumpur, Malaysia.
Tel: 03-2279 3288
Fax: 03-2279 3228
Email: enquiry@adnansundralow.com
19. We reserve our rights to refuse to comply with your request for access and/or request for correction as stated above in circumstances permitted by the Act, in which case we will notify you of the same by notice in writing.
I. Changes to the Notice
20. This Notice may be amended from time to time. By you continuing to engage our services or to communicate with us subsequent to any amendments to this Notice, it would confirm and indicate your acceptance to the amendments to this Notice.
J. Miscellaneous
21. In the event of any inconsistency or conflict between the English version and the Bahasa Malaysia version of this Notice, the English version shall prevail.