PERSONAL DATA PROTECTION ACT 2010 DATA PROTECTION PROTOCOLS

PERSONAL DATA PROTECTION NOTICE

How do we collect your Personal Data?
Edorra Arfah Khandhar (EAK) is committed to the protection of your Personal Data and with great pride we state that we take the matter of protecting your privacy as a high priority matter. This Notice is issued to raise awareness on how your Personal Data is used, when it may be shared with others and how we safeguard its confidentiality and security.
This is for the protection of your Personal Data privacy pursuant to the Personal Data Protection Act 2010 (“PDPA”) which became enforceable on 15 November 2013. In the course of your dealings with EAK as our valued client(s), we had collected from you data and information(s) about yourself (“Personal Data”) and would further process your Personal Data to enable us to perform our obligation(s) under the legal services which you had appointed / instructed us or to deliver the necessary notices and to communicate with you.
This Notice is applicable to all users of our website and/or our services regardless of the intention. In the Course of our dealings, we collect personal data from you and may receive further data about you from time to time. We treat and view your personal data with utmost confidentiality and with appropriate level of security. Personal Data will also be available to our employees for the purposes in discharging our duties and roles in respect of the legal services we provide in a secure and confidential manner under our strict supervision.
How long may we retain your Personal Data?
We will not retain your personal data longer than necessary for the fulfilment of the Purpose. In most situations we only keep your personal data for a reasonable period.
What Personal Data do we collect?
The types of Personal Data that we collect directly from you or from third parties may include (but not limited to):
i. Age;
ii. Identity card number;
iii. Passport number;
iv. Address;
v. Gender;
vi. Date of birth;
vii. Children basic details;
viii. Marital status;
ix. Occupation;
x. Income range;
xi. Contact information;
xii. Email address;
xiii. Employer;
xiv. Race;
xv. Ethnic origin;
xvi. Nationality;
xvii. Type of loans applied for in relation to the purchase of property;
xviii. Bank details; and
xix. Introducer’s details.
Impact resulting from failure to supply personal data?
The failure to supply such Personal Data will result in us being unable to perform or accomplish the legal service(s) that you had engaged / instructed us or unable to communicate with you or send you the necessary notices and also resulting in us being unable to update you on the status of your matter with us.
What is the purpose of collecting personal data?
Personal Data you provide will be collected, processed, used and otherwise processed by us for amongst others, the following purposes:-
a. The delivery of notices, services, or such services which is relevant, whether present or future, to you.
b. In order for you to enter into the necessary transaction, agreement, contract and legal proceeding as instructed by you.
c. Professional (legal) relationship.
d. Those purposes specifically provided for in any particular services engaged by you.
e. Any other transaction as we may determine to be necessary and appropriate to perform the contractual obligation as between you and us.
f. Our internal record keeping.
g. Collections of understanding payments;
h. Compliance with any legal or regulatory requirements relating to our provision of service(s) and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us.
i. Purposes relating to any of our service(s) engaged by you.
j. Enable us to send you information by letter, e-mail, telecommunication (i.e telephone calls or text messages) or other means of social media and as such may deemed appropriate 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.
k. Any other such purposes which may be deemed relevant, necessary, appropriate, lawful and in line with the Malaysian Personal Data Protection Act 2010.
Who will we disclose to?
Personal Data provided to us will generally be kept confidential but you hereby consent and authorize us to provide or disclose your Personal Data:
a. For any purpose for which the personal data was to be disclosed at the time of collection of the personal data; or
b. For any purpose directly related to the purpose referred to in subparagraph (a); or
c. For the purpose deem necessary in order for us to perform and/or complete the services you had engaged or instructed us to any third party who is necessary for us to disclose in order to perform and/or complete the services you had engaged or instructed us;
Your Personal Data may be disclosed by us with your consent for any purpose other than the purpose for which the personal data was to be disclosed at the time of its collection or any other purpose directly related to that purpose, only under the following circumstances:
a. The disclosure is necessary for the purpose of preventing or detecting a crime, or for the purpose of investigations; or
b. The disclosure was required or authorized by or under any law or by any order of a court;
c. We acted in the reasonable belief that we had in law the right to disclose the personal data to the other party;
d. We acted in the reasonable belief that we would have had your consent if you had known of the disclosing of the personal data and the circumstances of such disclosure; or
e. The disclosure was justified as being in the public interest.
How do we safeguard it?
We shall keep and process your data in a secure manner and shall, when processing Personal Data, take practical step(s) in accordance with the applicable law and regulations to protect the personal data from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction.
What is COOKIES?
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. This enables our system to recognise your browser and remember your details. This information can only be accessed by the EAK authorised personal, Internet users and other companies cannot access this information. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time.
When will we share and transfer data?
Where we consider it is necessary or appropriate for the purposes of data storage or processing or providing any service or product on our behalf to you, we may transfer your personal data to our fellow member of the Bar or any third parties as required under the laws or necessary for the performance of the legal services you had engaged us under conditions of confidentiality and similar levels of security safeguards.
Your rights of access and correction You have the right to request access to and correction to information(s) about you held by us of which, you may check whether your Personal Data is being processed by or on behalf of us. You may also, as the case may be, make a data correction by requesting in writing to us that we make the necessary correction to your Personal Data.