This Personal Data Protection Act 2010 (“PDPA“) came into effect on 15 November 2013 and is meant to regulate the processing of Personal Data in commercial transactions. We recognise the importance of privacy and the sensitivity of Personal Data and information about yourself (“Personal Data“) and are committed to the protection of your Personal Data in line with the PDPA.
1. Reflection of Personal Data
This policy is issued to all our existing, immediate and prospective clients, contacts and employees pursuant to the requirement of the PDPA as we view and treat your Personal Data seriously.
During the course of your dealings with us, you will be requested to provide or has provided us your Personal Data as defined in the PDPA to be collected, used and processed for us to render our legal services. These are relevant in connection with our business process and execution, services, client relationship, management and business development activities.
2. Purpose of us Collecting Your Personal Data
Your Personal Data will be/is being collected, stored, used and/or processed by us (whether directly or indirectly) and in whatever form for, amongst others, the following purposes:
- implementation, performance and completion of any commercial transactions, dealings or in connection with legal services, advice and obligations that we may render to you or third parties;
- preparation and execution of all necessary documents, agreements and/or contracts for our project and/or services with you including any obligations arising from any contracts and/or agreements entered into between you and us and to provide you with the information and services that you request from us;
- maintenance and upkeep of internal client records, administration, management, business development, advertising, continuous professional development, education, research, internal operations, troubleshooting, data analysis, testing, statistical and survey purposes, professional network, employment and social activities;
- meeting any legal or regulatory requirement relating to our services and to make disclosure under the requirements of any applicable law, regulation, directive, guideline, by-law, code, circular, government authorities and/or court of competent jurisdiction;
- your name and picture may be displayed on our website, publications, newsletters, documents, alerts, notifications, and any other material of similar nature;
- to operate our website and information technology software (including the collection of internet protocol address and cookies) including all internet related activities;
- to provide time billing and maintain time and billing databases, to include you in any direct marketing activities;
- credit assessments, financial and background investigations as and when deemed necessary;
- keys handover, vacant possession, property/estate management, customer care and/or defect rectification works and post vacant possession services;
- any subsequent commercial transactions in relation to any projects and/or services;
- enable us to send you information by email, regular postal mail, telecommunication means (including but not limited to telephone calls, text messages, social chat applications) about services offered by selected third parties that we think may interest you but in doing so we maintain control over your Personal Data and we will not disclose your Personal Data to such third parties without your prior consent;
- for employment purposes, if you apply to us for a job, we need to consider your Personal Data and as part of our review process, we normally retain information from candidates after a decision has been made. If we offer you a job, which you accept, the information will be retained in accordance with our privacy procedures for employee records; and
- for any other purpose relevant to the services provided by us or that is incidental or ancillary or in furtherance to the above purposes.
3. Nature of Personal Data
Personal Data means information that identifies you and shall include but not be limited to the following particulars:
- name, job title, company name;
- age, gender, date of birth, national registration identity card number, passport number, photograph;
- race, ethnic origin, nationality, physical and mental health;
- contact information including address, email address and phone number;
- marital status, details of children, occupation, work history, performance review, income range, employer, references and any other details of past employer;
- type of loans applied for in relation to purchase of property;
- financial and credit card details, bank name and other pertinent banking information, tax file identification number, EPF number, SOCSO number, criminal history; and
- such other relevant information and data to enable us to provide you with our services;
- such other relevant information to enable us to provide you with our firm’s services.
We recognise that you may provide us with your Personal Data by completing our forms or by communicating with us in person or by phone, e-mail, fax, short message service, instant messages, written form or otherwise.
4. Source of Personal Data
We collect information only by lawful and fair means, and not in an unreasonably intrusive way.
Wherever possible we collect your Personal Data directly from you, both at the start of a retainer and in the course of our representation.
Sometimes we may obtain information about you from other sources. The Personal Data which may be collected, processed and used by us are sourced from sources such as:
- official registration forms (either electronic or printed) for seminars or in-house talks, newsletter subscription or any other promotional events;
- official request for information forms that are provided to you by our employees;
- any queries, emails or any correspondences that we have received from you requesting for information or making enquiries;
- any forms including relates to ‘contact us’ that you have submitted through our website;
- from a government agency or registry, any referrals that we may have obtained from existing clients whom we have verifiable personal contact details;
- your real estate agent in a property transaction, letters of offer from financial institutions for pre-approved loans;
- business cards that were dropped or given to our partners, associates or employees;
References to the term ‘you’ and ‘your’ shall include your representatives and agents.
5. Consequences of Refusal/Failure to Provide Your Personal Data
The failure to obtain your Personal Data will lead to the following:
- we will not be able to maintain your clientele with us;
- we will not be able to provide the services needed and requested by you;
- we will not be able to provide you with any notice, services and update in which you have requested;
- affect the progress of the matter in which we have your instructions to conduct on your behalf.
6. Disclosing Your Personal Data
We will keep your Personal Data confidential but you hereby consent and authorise us to disclose your personal data to the following categories of parties:
- any persons, government agencies, statutory authorities and / or industry regulators where we are compelled to disclose Personal Data pursuant to any law or regulation;
- our affiliates, partners, third parties, service providers, representatives and agents, who may be located within or outside Malaysia, to implement the Purposes set out in the Privacy and Personal Data Protection Policy and to provide related and / or supporting services in connection with our legal practice;
- our and/or our client’s auditors, consultants, accountants or any relevant financial institutions or professional advisers;
- our and/or our client’s suppliers, contractors, sub-contractors or third party service providers as may be deemed to be necessary or appropriate;
- third party property management and real estate agency companies / entitled in respect of property which is the subject matter of our engagement;
- counterparties or counterparties’ advisers, agents and representatives in any legal and/or commercial transaction, financial institutions for loan documentation processing, relevant state authority and the Inland Revenue Board.
7. Choices to Limit Processing of Personal Data
Processing, in relation to Personal Data means collecting, recording, holding, storing, disposing, altering, retrieving, transmitting or disseminating data.
You have the right to limit in part or wholly the processing of your Personal Data and to withdraw consent at any time. When consent is withdrawn and communicated to us in writing, we will stop processing your Personal Data.
We shall keep and process your Personal Data with due diligence and in a secure manner. We endeavour, where practicable, to implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent the unauthorised or unlawful processing of your Personal Data and the accidental loss or destruction of, or damage to, your Personal Data.
9. Access and Correction to Your Personal Data
Since we use your Personal Data to provide legal services, it is important that the information be accurate and up-to-date. It is your right as a data subject as defined under the PDPA, to have access and to correct your personal data in which you have provided to us during the course of the retainer and in this respect, you may:
- check if we hold or use your Personal Data and request access to your Personal Data;
- request for correction of any of your Personal Data which is inaccurate, incomplete or not up to date;
- request for explanation on the policies and procedures in respect of your Personal Data provided to us;
- request us to stop processing your Personal Data for conducting the matter as instructed by you;
- request us to limit the process of your Personal Data, including personal data limiting to the persons who may be identified from your Personal Data;
- inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be effected.
For any queries, write in requests in relation to access or correct and/or delete your Personal Data or for information regarding the policies and procedures and types of Personal Data handled by us, please contact us at:
|Fax to us via:
|Write to us at:
|Vivian & Shin
Advocates & Solicitors
No. 31-8-11, THE CEO, Lebuh Nipah 5,Jln Sungai Nibong, 11950 Bayan Lepas,Pulau Pinang.
If we do not receive any notification in writing, we will assume that we are authorised to continue processing your Personal Data for the Purposes.
This notice on Personal Data is issued in both English and Bahasa Malaysia languages. In the event of any inconsistencies between the English version and the Bahasa Malaysia version, the English version shall prevail.