Privacy Policy

We set out below our privacy policy (“Privacy Policy“) (which we may amend from time to time) which is designed to explain and elaborate on our policies and principles pertaining to the privacy of your personal data. This Privacy Policy sets out the manner in which we collect, process, use, disclose, transfer and store your personal data.

This Privacy Policy constitutes a written notice to you in accordance with the data protection principles under the Personal Data Protection Act 2010 (“Act”). In addition, this Privacy Policy shall also constitute a written notice in relation to personal data of any other individual who is not a client but whose data is required to be collected by us by reason of, or incidental to, the provision of any legal service(s) to you. Please review this Privacy Policy on a periodic basis to stay informed of your rights and the protection accorded to you under the Act.

Consent to the Processing and Use of Personal Data

This Privacy Policy applies to all our existing, immediate and prospective clients, contacts, employees, vendors and suppliers or such other parties who may interact or communicate with us through emails, social media platforms, our official website and all web pages within the domain.

Personal data refers to any information that relates directly or indirectly to you, who is identified or identifiable from that and other information in our possession, including any sensitive personal data (i.e. information as to your physical or mental health, political opinions, religious beliefs or other beliefs of a similar nature, the commission or alleged commission of any offence or your biometric data) (“Sensitive Personal Data”) and expression of opinion about you (“Personal Data”).

When you instruct us and during the course of the provision of our legal service(s) to you, you may be requested to furnish your Personal Data to us from time to time. In doing so, you consent to its use by us in accordance with this Privacy Policy. If we collect, use, maintain or disclose your Sensitive Personal Data, we will ask for your express consent.

You have the choice, at any time, not to provide your Personal Data or to revoke your consent to us, whether in whole or in part, in processing or using your Personal Data. However, failure to provide such Personal Data or revocation of your consent may result in us being unable to provide you or continue to provide you with the legal service(s).

Types of Personal Data which We Collect

We collect your Personal Data through various ways, and this may involve Personal Data that we receive from you through our communication with you via a variety of means and channels, including employment applications, through the internet or via post, email, phone, fax, text messaging on your mobile phone, audio and/or video recordings.

The types of Personal Data which we collect vary depending upon the legal service(s) you engage us for. Nevertheless, the information generally comprises of data and information pertaining to you such as your name, photograph, age, gender, race, marital or family status, national registration identification card number, address, contact number (or other contact information), tax identification number, information on assets or properties, information relating to bank accounts details, bank or credit facilities and other financial information and any other information required for the purposes of providing legal service(s). We may, at any point, request other related information from you to enable us to proceed or to continue with the provision of our legal service(s). Further, where you are our employee or an applicant for employment, we may also collect education, employment or occupational history or professional qualifications, information required for terms of payment, Employees Provident Fund number and Social Security Organisation number.

Where we collect information through our website or our accounts on social media platforms, we may automatically collect certain non-personal information regarding website user that does not identify you, and this includes the internet protocol (IP) address of your computer, and the date and time you access, and time spent on the website (“Non-Personal Information”). We may use the Non-Personal Information to compile tracking information report for our better understanding and study to best meet the needs of visitors to our website or our accounts on social media platforms, whereby you will remain anonymous to us unless you specifically choose to share information with us.

How Personal Data is Collected

We obtain your Personal Data in various ways, such as:

when you appoint or engage us for our legal service(s);
when you contact us through various methods such as emails and letters, telephone calls and discussions you have with us;
from our conduct or analysis of the relevant matter in relation to the provision of our legal service(s) to you;
when you submit an employment application to us; and
when we obtain any data and information from authorised third parties (e.g. credit reference agencies, regulatory and enforcement agencies, financial or banking institutions).

Purpose of Processing Personal Data

The Personal Data, which we gather from you, is intended to be used in the ordinary course of our business including the provision of our legal service(s) to you as instructed as well as for marketing and market research purposes to enhance our legal service(s).

Further, the Personal Data may be used to facilitate human resources and personnel management processes, including assessing your suitability for employment and evaluating the performance of existing employees.

Additionally, our use of your Personal Data may also extend to other purposes, inter alia, to comply with all applicable legislation, laws and regulations, to enhance the quality of our services, to prevent fraud or illegal activities, or, to enforce or defend any of our rights.

Disclosure of Personal Data

Your Personal Data held by us shall be kept confidential. However, in order to provide you with effective and continuous legal service(s) and to comply with any legal and regulatory requirements, we may need to disclose your Personal Data to: (a) counterparties and their appointed lawyers (if any); (b) relevant governmental, regulatory and state authorities; and (c) relevant financial or banking institutions.

We may also disclose your Personal Data to other third parties where such disclosure:

is requested or authorised by you;
is lawfully permitted or required;
is in compliance with any judicial order or legal requirement;
is required to protect and defend us and our property; and
for all other purposes incidental and associated with any of the above or the provision of our services to you.

We may also disclose your Personal Data to external services providers (including but not limited to auditors, consultants, accountants, other professional or financial advisers, telecommunication companies, data processing companies and information technology companies) that we engage for the purpose of carrying out and/or fulfilling our obligations in respect of the legal service(s) and/or for all other purposes that are related to the legal service(s), to the extent as applicable and necessary.

In the case where the disclosure of your Personal Data may involve the transfer of your Personal Data to places outside of Malaysia, you agree to such a transfer where it is required to provide you the legal service(s) you have requested or for the performance of any contractual obligations you have with us.

Notwithstanding the foregoing, we will endeavour to treat your Personal Data held by us as confidential, and to ensure our affiliates to treat your Personal Data as confidential in accordance with this Privacy Policy and with all applicable data protection legislation, to the extent as practicable and necessary.

Access to and Correction of Personal Data

Please note that the accuracy of your Personal Data provided to us is essential to provision of our legal service(s) to you. If there are any changes to your Personal Data or if you believe that the Personal Data we have about you is inaccurate, incomplete, misleading or not up-to-date, please contact us so that we may take steps to update your Personal Data.

You have the right to access, review, correct, update, change or delete your Personal Data. Please note that we may require you to provide us with additional information as reasonably necessary and/or as required under the Act in order for us to satisfy your request to utilise your right as set out above. If you would like to utilise your right(s) as set out above to your Personal Data, please contact us via the contact details specified below.

Protection of Personal Data

We will take the necessary precautions, both administrative and technical, to safeguard your Personal Data against loss, theft, misuse and unauthorized access, disclosure, alteration or destruction.

Notwithstanding, you should be aware that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your Personal Data and are constantly reviewing and enhancing our information security measures.

Retention of Personal Data

We will only retain your Personal Data for as long as necessary to fulfil the purpose(s) for which it was collected or to comply with legal, regulatory and internal requirements. Thereafter, we will destroy or permanently delete your Personal Data.

Links to Other Websites

Our website and/or our accounts on social media platforms may contain links to other third party owned and operated websites or internet resources. When you click into one of those links, you are contacting another website or internet resource and we have no responsibility or liability for or control over those other websites or internet resources or their collection, use, or in any way processing of your Personal Data. The inclusion of third party owned and operated websites or internet resources on our website and/or accounts on social media platforms shall not in any way constitute an endorsement of such website’s contents, actions or policies. The third party owned and operated websites or internet resources may have their own privacy policies and we recommend that you review their privacy policies carefully to understand how they use and process your Personal Data.

Severability

Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs of this Privacy Policy, except where expressly indicated otherwise or indicated by the context of this Privacy Policy.

The decision or declaration that one (1) or more paragraphs of this Privacy Policy are null and void shall have no effect on the remaining paragraphs of this Privacy Policy.

Contact Details

If you need to contact us, please call or email us at the contact number and email address as specified below:

Foong & Partners
Advocates & Solicitors
13-1 Menara 1MK, Kompleks 1 Mont’ Kiara,
No 1 Jalan Kiara, Mont’ Kiara,
50480 Kuala Lumpur, Malaysia

Telephone No.: +603 6419 0822
Fax No.: +603 6419 0823
Email: admin@foongpartners.com

Changes to Privacy Policy

We reserve the right to amend and update this Privacy Policy from time to time at our sole and absolute discretion. This Privacy Policy together with any changes, amendments or updates will be posted on our website (www.foongpartners.com).

We provide this Privacy Policy in both English and Bahasa Malaysia. In case of any inconsistencies between the English and Bahasa Malaysa versions of this Privacy Policy, the English version shall prevail over the Bahasa Malaysia version.

For Bahasa Malaysia version of this Privacy Policy, please click here.