Personal Data Protection Notice

We at ZUL RAFIQUE & partners recognize the importance of privacy and the sensitivity of personal information. As required under the Personal Data Protection Act 2010, the purpose of this Personal Data Protection Notice (“Notice”) is to inform you how we collect and process your personal data when you appoint or engage us to provide services, when you access and use our website or interact with us including through meetings, seminars, conferences or events.

By appointing or engaging us to provide services to you, by accessing and using our website or by interacting with us, you consent to us using, collecting and processing your personal data in the manner contemplated in this Notice.

This Notice may be amended or updated from time to time. We would advise you to check this Notice on our website from time to time for amendments or updates. By continuing to use or engage our services, to use our website or to communicate with us subsequent to any amendments or updates to this Notice, it would confirm and indicate your acceptance to the amendments or updates to this Notice.

What Personal Data Do We Collect?

Personal data generally means any information that identifies you. Your personal data is collected and processed by us at the start of our services or interaction and, from time to time, in the course of our engagement or interaction.

The type of personal data collected and processed by us includes:

• name, date of birth, nationality, gender, NRIC / passport number, residency status, correspondence address, contact details including mobile, office and residential telephone number and facsimile number, e-mail address, banking details, financial / creditworthiness information;
• employment category (private sector, government sector, self-employed, non-working or others), name of employer and office address, details of relationship with the company (e.g. promoter, director, shareholder);
• such other information relevant or required for:
  • our legal engagement;
  • provision of legal services for the purposes of the legal engagement or legal transaction; and
  • compliance with legal and regulatory requirements; and
• any additional information provided by you or third parties about you.

Source of Personal Data

Personal data collected will mainly be from you. However, some personal data may also be collected by us from other available sources including but not limited to credit reporting agencies, government department or agencies, public registries, websites, social media, publications, events, seminars, conferences.

How Do We Use Your Personal Data

Your personal data is collected and processed by us for our business activities including the following purposes:

• to verify your identity;
• to communicate with you including responding to your enquiries;
• all purposes related to or in connection with our legal engagement;
• to provide legal services for the purposes of the legal engagement or transaction;
• to comply with legal and/or regulatory requirements including court orders;
• for our day to day operations and administrative purposes including file management, billing and collection, audits, reporting, investigations etc.;
• for the purposes of enforcing or defending our legal rights and/or obtaining legal advice;
• to send you materials or publications including newsletter, articles or updates or information about events, conferences, seminars, talks which may be of interest to you;
• to promote, offer or market our services to you;
• 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 past work in relation to any proposal, submissions, tenders or bids;
• to assist in the prevention, detection or investigation of crime or possible criminal activities or for the administration of justice;
• for security and internal audit purposes;
• for such other purposes as may be directed or consented to by you; and
• for all other purposes in relation to or incidental to the above.

Disclosure of Your Personal Data

Under certain circumstances, we may be required to disclose your personal data to third parties. Third parties to whom your personal data may be disclosed by us are as follows:

• any persons directed by or consented to by you;
• any persons required for the purposes of the legal engagements and/or legal transactions including but not limited to counter parties, other advisors, financial institutions, regulatory bodies etc;
• any person for the purposes of compliance with legal and regulatory requirements;
• our data processors i.e. third party who we engage to process personal data on our behalf including but not limited to archival storage, data entry service providers, computer backup services, disaster recovery services, banks and financial institutions etc.; and
• our professional advisors including but not limited to legal advisors, tax advisors, financial advisors, auditors, insurance brokers etc.

Further, we may also be required to transfer your personal data outside of Malaysia for the purposes and to such third parties stated in this Notice. The transfer of your personal data outside Malaysia would also be required if you are travelling, residing or based outside Malaysia.

Obligation to Provide Personal Data

We acknowledge that you have the right in deciding the information you wish to provide to us. The provision of the information listed above is voluntary in nature. However, please note that if you do not provide the information above or limit the way such information is to be processed, it may result in us not being able to:

• communicate or correspond with you;
• undertake the legal engagement or transaction and/or to provide our services to you; and/or
• grant you access to our website.

Data Access and Data Correction

If you wish to request:

• for access to your personal information;
• for your personal data to be corrected or updated; or
• to withdraw your consent or limit the use of your personal data;

please submit your written request to:

Assistant Manager Human Resources and Administration Department

Zul Rafique & Partners
D3-3-8 Solaris Dutamas
No.1 Jalan Dutamas 1
50480 Kuala Lumpur, Malaysia

Telephone : 03-6209 8228
Facsimile : 03-6209 8331

An administrative charge may be imposed for any request under paragraph (a) and (b) above.

Further, we reserve the right to refuse your requests for any reasons permitted under law.

Disclaimer

The accuracy and completeness of your personal data depends on the information you provide. We assume that the information you have provided is accurate, up to date and complete unless you inform us otherwise.

Where you provide any third party information to us including but not limited to employer, colleagues, family information, it is our assumption that such information is accurate, up to date and complete and that you have obtained the necessary consent to disclose the same.

Conflict

In the event that there is any conflict between the English and national language version of this Notice, the English language version shall prevail.

TERMS OF USE & DISCLAIMERS

ACCEPTANCE OF THE TERMS OF USE

Your access to and use of our website signifies your acknowledgement and confirmation that you have read, understood, accepted and agreed to all the terms and conditions set out in these terms of use (“Terms of Use”).

These Terms of Use may be amended and updated from time to time without notice to you by posting the same on this website. By continuing to access and use our website, you confirm and indicate your acceptance to the amended and updated Terms of Use.

CONTENTS & INFORMATION

The contents and information contained in our website is for general information purposes only including providing an overview of the Firm and its practices. As such, the contents and information herein is not intended to be complete or comprehensive.

Notwithstanding that our website may contain some general information on law, no contents and information contained in our website (including such general information on law) is intended to and/or is to be construed in any way whatsoever as a provision of legal services and/or legal advice on which you may rely on. Should you wish to seek specific advice, please contact us to fix an appointment.

We reserve the right to modify the contents and information in our website at any time without notice to you.

We do not in any way warrant and/or guarantee that our contents and information is at all times complete, adequate and up-to-date.

RELATIONSHIP

Access to and/or use of our website (including any communication via our website including queries made or feedback given) does not in any way give rise to and/or establish any solicitor-client relationship between you and us.

LINKS

Our website may contain links to third party websites and include advertisements. We are not affiliated to and do not endorse the contents and information in the linked websites and/or advertisements. Such linked websites are provided to you for convenience only. We do not have control over such linked websites and/or advertisements and we shall not be responsible for the contents and information in any such linked websites (including services provided through the linked websites) and/or advertisements. The linked websites and advertisements may be governed by their own terms of use.

DISCLAIMER

We do not warrant and/or guarantee that our website free of viruses, malware and anything else which may interfere with or damage the operations of your computer system.

Any and all warranties whether express or implied (including implied warranties of fitness for use, fitness for a particular purpose or non-infringement of third party rights) in relation to our website (its contents and information), its access, use, operation, availability, continuity or non-interruption are hereby excluded.

To the extent permitted under applicable laws, we shall not be responsible or liable for any and all forms and types of direct and indirect loss or damage (including but not limited to loss of profits, loss of revenue, loss of goodwill, exemplary or punitive damages) suffered or incurred by you or any other person or entity howsoever arising whether in contract, tort, statute or otherwise in connection with or as a result of:

• your access to and/or use of our website (including its contents and information);
• your access to and/or use of any linked websites (including its contents and information) and advertisements on our website;
• the introduction of any virus, malware or anything else which may interfere with the operation of your computer system; and
• any unauthorized access and/or alteration of your information submitted via email or this website;

DISCLAIMER

Copyright © 2020, ZUL RAFIQUE & PARTNERS. All rights reserved.

We are the owner of all our intellectual property rights, in relation to the content, layout, design, photographs, graphics and marks contained in this website and all such rights are reserved. The contents of this website shall not be reproduced in any form or version whether in part or in its entirety other than for private non-commercial use. None of the material and/or contents in our website shall not be adapted, modified, translated, published, extracted, recopied, downloaded, transmitted, distributed, stored permanently or otherwise in any form, without our prior written consent. Individual non-commercial use does not allow for incorporation of material or any part of it in any work or publication or website, in any form whatsoever.

PRIVACY

We may obtain and retain certain information about you when you access and use our website. Please refer to our Personal Data Protection Notice link in this website for more details and information.

TERMINATING/BLOCKING ACCESS AND USE

We reserve the right to terminate your access to and/or use of and/or block your future access to and/or use of our website at any time and for any reason whatsoever without notice. In the event of termination, all restrictions imposed under the Terms of Use, Disclaimer, Copyright and Personal Data Protection Notice will survive the termination and continue to be binding.

GOVERNING LAW

These Terms of Use shall exclusively be governed by and construed in accordance with the laws of Malaysia only, notwithstanding that our website may be accessible in other jurisdiction.