PERSONAL DATA PROTECTION NOTICE
This Personal Data Protection Notice (“Notice”) describes how Shin Associates, a law firm with its place of business at Suite B-11-6, Level 11, Wisma Pantai, Plaza Pantai, No. 5 Jalan 4/83A, Off Jalan Pantai Baru, 59200 Kuala Lumpur, Malaysia including its associated parties, affiliates, successors, assigns, and licensees (collectively referred to as “SA”) is committed in using and safeguarding the privacy of your Personal Data in compliance with the Personal Data Protection Act 2010 (“PDPA”). Accordingly, this Notice is formulated with the purpose to explain to you how SA uses and Processes your Personal Data and is to be read together with other privacy policies and such terms and conditions of use as may be prescribed by SA from time to time, and any other agreements you may have entered into with SA (if any).
In the event of any conflict between the English and other language versions of this Notice, the English version shall prevail. SA reserves the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on https://www.shinassociates.com.my (“the Website”). By continuing to communicate with SA or by continuing to engage SA for services or use SA’s services or by continuing to provide Personal Data (whether in person, by e-mail, telephone conversation, facsimile transmission, letter, or otherwise) following the modifications, updates or amendments to this Notice, you shall be deemed to have accepted such modifications, updates or amendments.
For the purposes of this Notice:
“Personal Data” means all information and expressions of opinions that is directly or indirectly relating to a person, who is identified or identifiable from that information or expressions of opinions, including but without limitation, information and expressions of opinions in respect to physical or mental health, racial or ethnic origin, religious or similar beliefs and/or in respect of criminal or civil proceedings. Examples of Personal Data that may be Processed by SA includes but are not limited to your name, address, telephone number, NRIC/Passport No., email address, employment details, personal preferences, IP addresses, social media details, content preferences, bank account information, photographs and images, recordings, security details obtained from the visitation or entering of SA’s premises such as closed-circuit television (“CCTV”) recordings, visitation details obtained for/from the visitation or entering of SA’s premises such as visitation hours, sign-in and sign out times, details obtained from your application and/or proposal to SA in relation to your provision of goods and/or services to SA and/or at SA’s premises (“Provision of Goods and/or Services”), electronic and/or online details obtained from visiting or browsing the Website or SA’s pages that are available in social media websites such as Facebook, Twitter and LinkedIn (“Pages”) and/or from your use of any electronic online and/or offline data/file/information sharing platforms (including any mobile or web-based software and/or applications) affiliated or associated with: (i) SA; and/or (ii) any third parties affiliated or associated with or engaged by SA (“Sharing Platforms”), such as login information, social media information, content preferences, cookies, and internet protocol addresses, amongst others, details obtained from your application for employment with SA, details obtained from your proposed and/or continued engagement by SA as an independent contractor/service provider or otherwise as part of SA’s Personnel, details of your employees and/or independent contractors/service providers engaged by you in connection with the Provision of Goods and/or Services, and any information and/or expressions of opinions which may identify you that has been or may be collected, stored, used and Processed by SA or SA’s Personnel, stakeholders, associated parties, affiliates, related corporations, agents, independent contractors and other third parties that SA may be associated with from time to time, and any other information which may identify you which you have provided to SA and/or are incidental from such Personal Data.
“Process”, “Processed” or “Processing” all means the collection, usage, recording, storing, retention, disclosure, and other operation or set of operations described in the PDPA.
“Personnel” shall mean persons that are working for SA, whether directly or indirectly and regardless of the location the persons are working from and the nature of the contract, including but not limited to employees, agents, freelancers, officers, independent contractors, service providers, and casual or temporary or part-time workers.
By engaging SA to provide services or by interacting with SA either at our place of business, our events or otherwise, or using the Website and/or by using our Pages, you consent to the Processing of your Personal Data by SA, its Personnel, and all persons involved in the provision of services by SA.
Any consent and authorisation granted to SA, whether represented or not, does not replace any other consent and authorisation that was already provided to SA (if any), otherwise it shall take effect on the date of the visitation or entry of SA’s premises or the date on which you have provided Personal Data (whether in person, by e-mail, telephone conversation, facsimile transmission, letter, signing the visitor or guest book/form, entering information into the visitor management system, participation as a vendor to SA, whichever applicable, and are in addition to any rights SA has by law in connection with the Processing of the Personal Data which you have provided.
Collection of Personal Data
In addition to the Personal Data you provide to SA directly (i.e. during your communications with SA and/or when you engage SA to provide services or otherwise), SA may also collect your Personal Data from a variety of sources, including without limitation:-
The provision of your Personal Data is voluntary. However, if you do not provide your Personal Data, where essential, or disable “cookies”, SA may not be able to (i) communicate with you; (ii) provide you the services you require;(iii) provide access to certain sections of the Website; (iv) enable all features in SA’s Website, Pages, Communications Platforms and Sharing Platforms to fully function (for example, but not limited to, enable flash videos to be played, ensure you need not input content, language and region preferences each time you visit or browse the Website); (v) allow visitation and entering of SA’s premises; Process your participation in the proposed and/or continued Provision of Goods and/or Services; (vi) Process your application for employment with SA; or (vii) Process your proposed and/or continued engagement by SA as an independent contractor/service provider or otherwise as part of SA’s Personnel.
When you visit the Website, SA may record certain information in relation to your visit such as:
Various pages on the Website may also invite you to provide us with your name and contact details.
We also collect information from people who use the Website, to send news, information about our activities and updates in the legal field which we believe may be useful to you or us; to monitor who is accessing the Website and to profile the type of people accessing the Website.
Our Website does not target and is not intended to attract children under the age of 18 years old (“Minors”). We do not knowingly solicit personal information from Minors or send them requests for Personal Data. Please note that Minors shall be accompanied by the relevant parents, legal guardians and/or representatives when visiting or browsing the Website, Pages, Communications Platforms, and/or Sharing Platforms and/or when using the services that are available on the Website, Pages, Communications Platforms and/or Sharing Platforms. Where the relevant parents, legal guardians and/or representatives have authorised a Minor(s) to visit or browse the Website and/or use any of the services available in the same, the relevant parents, legal guardians and/or representatives shall be fully responsible for: (a) the online conduct of such Minor(s), (b) the controlling of the Minor(s)’ access to and use of the Website, Pages, Communications Platforms and/or Sharing Platforms and the services contained therein, and (c) the consequences of any misuse by the Minor(s) , including but not limited to transactions entered into by the Minor(s) from such access and use.
Purposes of Processing
SA may use and Process your Personal Data for the purposes relating to the services you have requested and for the general business activities of SA which shall include, without limitation:-
and you consent to and authorise the Processing of your Personal Data in the manner as identified in this Notice.
SA may also Process your Personal Data for other purposes such as:-
by way of email or physical mail which includes, but not limited to, registered post and postcards.
Please rest assured that SA will ask for your consent before Processing your Personal Data for purposes other than those that are set out in this Notice, the applicable laws, and the terms in your agreements with SA, if any.
If you do not consent to SA Processing your Personal Data for the purposes listed above, please notify SA using the contact details stated below.
Transfer of Personal Data
As SA’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and Processed in a jurisdiction other than Malaysia. Further, your Personal Data may be transferred out of Malaysia for the purposes as described above. You understand, consent to, and authorise the transfer of your Personal Data out of Malaysia as described in this Notice.
Disclosure to Third Parties
SA may engage other companies, service providers or individuals to perform functions on SA’s behalf, and to the extent necessary for the purposes provided above, SA consequently may be required or need to provide access or disclose to your Personal Data to the third parties such as those listed below (not exhaustive):-
This Notice only applies to the Processing of Personal Data by SA for the purposes specified in this Notice. It does not cover (a) the Processing of Personal Data conducted by SA for any other purposes not specified in this Notice, (b) the privacy policies and conduct of any third parties, even if such third parties are related to SA, and (c) third party websites to which SA provide links, even if such websites are co-branded with SA’s logo.
SA does not share nor sell your Personal Data with third party websites without your consent and authorisation. SA shall not be not responsible or held liable for the privacy practices and conduct of these third party websites or such other sites which you may have been linked or directed to via the Website, Pages, Communications Platforms and/or Sharing Platforms and/or to which you have provided Personal Data. You should read the privacy policies of such third party websites before disclosure of any Personal Data to these third party websites.
SA does not share nor sell your personal information to any third party without your consent and authorisation, but SA shall not be responsible or held liable for the actions of third parties that you may have been directed to and/or provided Personal Data to. You should read the privacy policies of such third parties before disclosing your Personal Data to such third parties.
Security of Personal Data
SA uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data and will not knowingly allow access to your Personal Data to anyone outside SA, other than to you or as described in this Notice. However, SA cannot ensure or warrant the security of any information you transmit to SA and you do so entirely at your own risk. In particular, SA does not warrant that such information may not be accessed, altered, collected, copied, destroyed, disposed of, disclosed or modified by breach of any of SA’s physical, technical, or managerial safeguards.
Retention of Personal Data
SA will only retain Personal Data as long as it is necessary to achieve the purposes specified in this Notice and subject always to the applicable laws including the PDPA, the terms and conditions specified in your agreements with SA (if any) for the duration of your relationship with SA, and for such period as may be necessary to protect the interests of SA.
Access & Correction Requests and Inquiries
The provision of your Personal Data is voluntary. Subject to any exceptions under applicable laws, you may at any time hereafter request for (a) access to your Personal Data, (b) correction of your Personal Data, (c) to limit the Processing of your Personal Data, (d) withdraw your consent to the Processing of your Personal Data, and (e) seek further information by contacting the following:-
Jessie Tan Shin Ee
Address: Suite B-11-6, Level 11
Wisma Pantai, Plaza Pantai
No.5 Jalan 4/83A, Off Jalan Pantai Baru
59200 Kuala Lumpur, Malaysia
Telephone No.: +6032201 5584
Facsimile No.: +603 2201 9686
In respect of your right to access and/or correct your Personal Data, SA has the right to refuse your requests to access and/or make any correction to your Personal Data for the reasons permitted under the applicable law, such as where the expense of providing access to you is disproportionate to the risks to your privacy and/or when SA is unable to confirm your identity or the accuracy of the corrected Personal Data provided and/or when you have irrevocably granted to SA your consent, rights, title and ownership of interests for the purposes specified in this Notice.
Your Obligations in Relation to Your Personal Data
You represent and warrant that all Personal Data provided to SA is true, complete and accurate. In the event you are providing the Personal Data of third parties (such as representatives or liaison, emergency contacts, or otherwise) to SA, you further represent and warrant that (a) all necessary consent and authorisation from the third parties are procured, (b) you shall continuously maintain such consent and authorisation, and (c) that you have showed this Notice to such third parties.
You shall immediately inform SA of any changes to the Personal Data which you have provided to SA to such extent necessary in order to enable SA to remain in compliance with the applicable law including the PDPA. SA will use reasonable efforts but shall not be obligated to procure updates from you on a regular periodic basis.
For the avoidance of doubt, you agree that SA shall not be liable for any costs, damages, fines, losses, liabilities and/or penalties that you and/or third parties (including but not limited to an individual or competent authority) have incurred or suffered as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed this Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation.
You further agree to indemnify and hold SA harmless against any actions, claims and/or demands brought against SA by any third parties (including but not limited to an individual or competent authority) and any costs, damages, fines, losses, liabilities and/or penalties (including but not limited to legal costs) which SA may incur or suffer, as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed in this Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation, particularly where SA was provided with false, incomplete or inaccurate Personal Data, failure to update SA of any changes to Personal Data, and/or the necessary consent and authorisation was not obtained or maintained from relevant third parties.
Notwithstanding anything contained herein, the liability of SA (if any) shall be limited to the fullest extent permitted by the applicable law. In no event shall SA be liable for any consequential, incidental, indirect, punitive or special damages, or loss of profits, loss of anticipated profits, data, business or goodwill, regardless of whether such liability (if any) is based on breach of contract, tort, strict liability, or otherwise, and even if SA has been informed or advised of the possibility thereof.
Your Obligations During the Visitation or Entry Onto SA’s Premises
During your visitation or entry onto SA’s premises, you may come into contact or receive any but not limited to Personal Data, information, documents, materials, files, prints, trade secrets and internal processes of SA, whether or not it has been explicitly or tacitly identified or regarded as being confidential (collectively referred to as “Confidential Information”).
By visiting or entering onto SA’s premises, you agree to:
For the avoidance of doubt:
By visiting or entering onto SA’s premises, and/or when using the services or facilities that are available on SA’s premises, and/or participating as a vendor or independent contractor or service provider to SA, you further agree to observe reasonable safety precaution and conform to any applicable safety requirements, which are brought to your attention by SA or by signs posted in SA’s premises.
You further agree to release SA against any actions, claims, demands, costs, damages, fines, losses, liabilities and/or penalties (including but not limited to legal costs) to the extent caused by or resulting from your negligence or wilful misconduct.
Governing Law & Jurisdiction
This Notice is governed by and shall be construed in accordance with the laws of Malaysia. You hereby submit to the non-exclusive jurisdiction of the Malaysian courts.
The Malaysian Prime Minister had on 16 March 2020 announced the imposition of a Movement Control Order (“MCO”) under which mass gatherings are banned, all public activities suspended and all offices, businesses, places of worship, and schools are to closed until 31 March 2020. On 25 March 2020, the Prime Minister further extended the MCO period to 14 April 2020.
In line with the Movement Control Order, we will be closing our office from 18 March 2020 to the 14 April 2020 (“Movement Control Period”). The entire Shin Associates team will be working from home during the Movement Control Period and will continue to ensure that we continue to attend to ongoing matters via email, tele-conferences and video conferencing.
Please note that as our office will be closed during the Movement Control Period, we ask that all documents be sent to us via email as we will not have any access to our faxes and physical post box. Any delay and inconvenience during this time is deeply regretted.
If you require assistance during this time, please email us at email@example.com and firstname.lastname@example.org.
Thank you and stay safe and healthy.