Personal Data Protection Act 2010 notice
The Personal Data Protection Act 2010 (“PDPA”) regulates the processing of personal data in commercial transactions that came into force on 15 November 2013. In line with the PDPA, this Personal Data Protection Notice (“Notice”) is to inform you of how we collect and process your personal data in the course of our appointment and engagement by you in providing legal services as well as your rights under the PDPA.
In the event of any conflict between the English and non-English versions (which may be subsequently available), the English version shall prevail and take precedence. Raihan & Shai shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on this website. By continuing to communicate with Raihan & Shai or by continuing to use our services following the modifications, updates or amendments to this Notice, you are deemed to accept such modifications, updates or amendments.
1. Collection of Personal Data
In compliance with the Personal Data Protection Act 2010, kindly have notice that your Personal Data will be collected, recorded, held, stored, processed or through any other means by us, Raihan & Shai, including our employees, to be utilised and dealt with in accordance and in compliance with the Personal Data Protection Act 2010.
2. Source of Personal Data
We collect Personal Data through several methods which include but are not limited to information or comments you have provided to us by whatsoever means and/or in whatsoever manner; and information obtained independently by us or given to us from other lawful sources.
3. Nature of Personal Data
The Personal Data processed by Raihan & Shai may include, but is not limited to, information concerning you, your spouse or family members’ name, age, national identity card number, passport number, correspondence address, gender, date of birth, race, marital status, income tax details, contact information, nationality and bank account details and any other information which may identify you, your spouse or family members from time to time.
4. Purpose of collecting Personal Data
The collection and processing of your Personal Data is done for, amongst others, the following purposes:
- Verification of identity and credit standing.
- Maintaining proper administration and record keeping of all matters in which we act on your behalf.
- Meeting any legal or regulatory requirements, including compliance with any laws and/or orders of Court and disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code.
- Contacting you and the delivery of notices or letters to you.
- Providing the necessary legal services and advice required by you as our client, including but not limited to acting for you in any contentious or non-contentious matters, drafting any cause papers, contracts, agreements and/or such other documents as may be required by you from time to time.
- Determination of ownership of assets and liabilities.
- Initiation and conduct of legal proceedings.
- Conducting background checks as may be necessary or appropriate.
- Maintaining a continuous relationship with you and allowing us to provide continuous client care and the upkeeping of any matters relating thereto.
We may also from time to time for the above purposes request further Personal Data from you and subject to any notice to the contrary from you, you are deemed to have consented to provide us with the further Personal Data requested for.
5. Impact resulting from failure to supply Personal Data
During the course of us rendering legal services and advice to you, certain Personal Data of yours must be provided for, amongst others, the administration of justice, the compliance of any legal obligation(s) and the necessary furtherance of any legal services and advice rendered to you. We may also require certain Personal Data which, whilst not obligatory, may be necessary to achieve the results sought for in engaging us to render legal services and advice to you. Failure to provide the necessary Personal Data may:-
- affect the provision of our services to you;
- affect the preparation of any documentation/agreement/ application/ initiation and conduct of proceedings; and
- result in us being unable to act for you pursuant to the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
6. Disclosure
We shall endeavor to safeguard and maintain the confidentiality of your Personal Data. This is further fortified by legal profession privilege and Section 126 of the Evidence Act 1950 which prohibit us from disclosing any privileged communication made by you to us as your advocate and solicitor unless with your express consent.
Kindly take note that certain Personal Data relating to you may be required to be disclosed to third parties, including but not limited to the following:-
- any person to whom we are compelled or required to do so under the law or in relation to any order or judgment of a court, or in response to a competent or government agency;
- any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceedings;
- government agencies, statutory authorities, industry regulators and other similar authorities;
- our auditors, consultants, accountants, or other financial or professional advisers;
- our contractors or third party service or product providers as may be necessary or appropriate; and
- as otherwise permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010.
In this regard, we shall endeavor to take all necessary steps to only disclose relevant Personal Data to the aforesaid said third parties. Further, kindly note that you may, at any time, write to us to limit how your Personal Data is being used / disclosed.
7. Cookies and links
A “cookie” is an element of data that can be sent to your browser. Your browser may then store it in your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol (IP) address. Our website uses this information to better serve you when you return to our website. It is not our intention to use such information to personally identify a user. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the website.
This website may contain links to other sites. We are not responsible for the privacy practices or the content of such sites. If you link to or otherwise visit any other site, please review the privacy policies posted at that site.
8. Safeguards
We shall keep and process your data 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 any unauthorized or unlawful processing of your Personal Data and any accidental loss or destruction of, or damage to your Personal Data.
Whenever we provide any Personal Data to any Third Parties we shall take reasonable steps to ensure that these parties are contractually bound not to use your personal information for any reason other than to provide the service they are contracted to provide and to adequately safeguard your personal information.
9. Your Rights of Access and Correction
We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Personal Data Protection Notice unless a longer retention period is permitted or required by law and thereafter the Personal Data shall only be retained for statistics and research purposes.
We will take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our system in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. Should there be any change to the information contained in your Personal Data supplied to us, kindly inform us as soon as possible.
You have the right to request access to your Personal Data held by us and make correction(s) thereto. In particular, you may:
- check whether we hold or use your Personal Data and request access to such data;
- request that we correct any of your Personal Data that is inaccurate, incomplete or outdated and supply you with a copy of the Personal Data as corrected;
- communicate to us in written form your objection to the use of your Personal Data for any purpose whatsoever whereupon we will not use your Personal Data for these purposes; and
- communicate to us in written form your withdrawal, in full or in part, of your consent given.
Subject to any applicable restrictions under the Personal Data Protection Act 2010 and contractual conditions, we shall comply with such requests within a reasonable time period.
If you wish to access and/or make a correction / deletion to your Personal Data held by us, you may do so by making a written request to us and addressed to our offices found at our contact page and fax or by email to ask[@]raslaw.com.my
Nothing in this Personal Data Protection Notice shall limit the rights of Raihan & Shai under the Personal Data Protection Act 2010.
In engaging us and/or continuing to engage us and/or having engaged us and/or communicating with us with the view to engaging us, you will be deemed to have consented to allow us to collect, record, hold, store, process and deal with your Personal Data until and unless we receive written notice to the contrary from you.
If you have any questions or concerns regarding your privacy while using this website, please direct them to ask[@]raslaw.com.my