1. Introduction

 MESSRS MILAVIERI CHONG PARTNERSHIP, Advocates & Solicitors of 27-1, Jalan Bpm 13, Taman Bukit Piatu Mutiara, 75150 Melaka (“MCP”) takes your right to privacy seriously and commits to protecting your personally identifiable information (“personal data”) in line with the Personal Data Protection Act 2010 and other applicable laws. This Privacy Statement sets out MCP’s approach in handling personal data.

This Privacy Statement applies to personal data collected by MCP but does not apply to personal data collected by other entities including those owned or controlled by or affiliated to MCP, individuals that are not employees or agents of MCP, or websites that are not under MCP’s control.

MCP may amend this Privacy Statement from time to time. As such, you are expected to read this Privacy Statement each time you wish to provide your personal data to MCP. Substantial amendments to this policy will be announced on this website. By engaging with us or continuing to have dealings with MCP, you are deemed to have accepted this Notice as amended and be bound by the prevailing terms as may be updated from time to time.

This Notice applies to Personal Data in our possession or control, including Personal Data in the possession of organisations which we have engaged to collect, use, disclose or otherwise process Personal Data for our purposes.

By engaging us for our services, utilising our services, or continuing to access our website, you hereby consent to the collection, use, disclosure and processing of your Personal Data, in the manner described in this Notice.

 

2. Purposes and legal basis for processing of personal data

MCP may use and process your Personal Data for the purposes relating to the services you have requested and for the business activities of Skrine which shall include, without limitation:-

 

(a)        to communicate with you;

(b)        to respond to questions and comments from you;

(c)        for internal administrative purposes;

(d)        to provide information to regulatory and governmental authorities in order to comply with statutory and government requirements, including disclosure to the Unclaimed Money Management Division of the Accountant General’s Department of Malaysia (“AGD”) of your information as required pursuant to the Unclaimed Moneys Act 1965 and its attendant regulations in the event of any unclaimed monies on your part;

(e)        for MCP to comply with its obligations under law, including compliance with laws relating to evidence;

(f)         ensuring security of our premises and systems;

(g)        ensuring the safety and well-being of our employees and visitors;

(h)        audit or legal purposes;

 

and you agree and consent to MCP using and processing your Personal Data in the manner as identified in this Notice.

 

3. Other purposes

MCP may also use and process your data for other purposes such as:-

(a)        to send you materials such as newsletters, articles, write-ups as well as other updates;

(b)        to distribute information or details of events, seminars, conferences and talks which may of interest to you;

(c)         to send as potential referees to (i) editors/researchers in ranking legal publications and journals; (ii) potential clients who request for referees of past work in requests for proposals, tenders, submissions;

by way of email or mail.

If you do not consent to MCP processing your Personal Data for the purposes listed in Section 10, please notify MCP using the contact details in Section 11 stated at the end of this policy.

The legal basis we rely on for processing of your personal data may be:

• your consent;
• performance of contract or in order to enter into a contract with you or your employer;
• compliance with MCP’s legal obligations;
• protection of your vital interests as well as the vital interests of other individuals;
• MCP’s performance of statutory duties; or
• MCP’s legitimate interests.

 

4. Types of Personal Data collected and processed by MCP

 

General Personal Data

The types of personal data which MCP may need to process include but are not limited to –

• the name, address, contact details, identification number and passport number;
• occupation, designation and employer;
• details of professional experience and educational qualification;
• information relating to disciplinary proceedings; and
• details of shareholdings, business interests and positions.
• MCP will only collect and process personal data to the extent that such personal data is necessary for the relevant purpose.

 

Sensitive Personal Data

MCP also collects your sensitive or special categories of personal data such as religion, racial or ethnic origin, biometric data, data concerning health and commission or alleged commission of criminal offences

 

5. How Personal Data is collected by MCP

MCP may collect personal data directly from you where it is necessary, reasonable or practical to do so. When we collect your personal data, we will inform you how we may use or disclose your personal data unless it is apparent at the point of collection. In some cases, it may be necessary, reasonable or practical for MCP to collect your personal data from other persons, with or without your knowledge or involvement as part of our statutory functions, in exercise of our legal rights and for other purposes such as recruitment or procurement.

For visitors to MCP’s premises, MCP may collect personal data prior to entry for identity verification and security purposes. MCP also operates CCTVs at exterior perimeters and within our premises which may collect photo videos or voice recordings of individuals for safety of the visitors and Bank’s employees, crime prevention and crime detection.

 

6. Protection of personal data

MCP ensures the security of your personal data by taking appropriate security measures to preserve confidentiality of your personal data.

We take reasonable security arrangements such as implementation of access controls, regular cybersecurity risk assessments, anti-virus and firewall protection, access restrictions based on roles and responsibilities, employee training on data protection and handling procedures to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks to Personal Data in our possession.

In some instances, it is necessary for us to process sensitive or special categories of personal data such as religion, racial or ethnic origin, biometric data and data concerning health as well as criminal data as part of our functions as described above. In such case, we will apply additional care as required by law.

If we disclose any of your personal data to any entities (whether within or outside of Malaysia), we will ensure such entities appropriately safeguard the personal data provided to them.

While we implement security measures to protect your Personal Data, no system can be entirely free from risk. We will continuously review and enhance our security measures to mitigate potential threats and safeguard your data to the extent reasonably possible.

 

7. Disclosure to Third Parties, and Transfer of Personal Data out of Malaysia

Where MCP appoints a third party service provider to process personal data on behalf of MCP, MCP will instruct such third party service provider to only process such personal data for the specific purposes as required by MCP.

If we disclose any of your personal data to any person, we will require such person to appropriately safeguard the personal data provided to them.

MCP may transfer your personal data outside of Malaysia (including jurisdictions which does not have any law substantially similar to the PDPA or provide equivalent level of protection afforded under the PDPA) to the parties set out in this Section 7 where the transfer is necessary for any of the purposes set out in Section 2, the transfer is permitted under the law or the transfer is authorised by you.

As MCP’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 in Section 3(c) where such ranking legal publications and journals and/or potential clients are located outside of Malaysia. You understand and consent to the transfer of your Personal Data out of Malaysia as described herein.

MCP may engage other companies, service providers or individuals to perform functions on MCP’s behalf, and consequently may provide access or disclose to your Personal Data to the following third parties (who may be located outside of Malaysia and/or use and process your Personal Data outside of Malaysia) (not exhaustive):

(a)        information technology (IT) service providers;

(b)        data entry service providers;

(c)        storage facility providers;

(d)        banks and financial institutions;

(e)        insurance providers;

(f)         any professional advisors and external auditors;

(g)        regulatory and governmental authorities in order to comply with statutory and government requirements, including to the AGD for the purposes as described in Section 3 above;

(h)        other parties authorised by you;

(i)         past or future employers of MCP’s employees or prospective employees, within and outside of Malaysia

Efforts will be made to prevent your data being made available to third parties. However, we may share personal data with third parties if –

• it is provided for in this Privacy Statement;
• your consent is obtained;
• a service provided requires interaction with a third party, or is provided by a third party on our behalf;
• it is pursuant to legal action or law enforcement; or
• it is to perform our statutory functions and exercise powers under the law.

 

8. Retention of personal data

It is MCP’s policy to retain personal data for as long as it is necessary for the purpose such personal data was collected, other purposes that are not incompatible with the original purpose and as required by law. Where the personal data is no longer necessary, such personal data will be disposed unless the law requires it to be archived in the public interest

 

9. Data Subject’s rights

You may have certain rights under applicable data protection laws. For example:

• Right to Access

You may have the right to request confirmation as to whether your personal data is being processed by MCP, and to access a copy of the personal data we hold about you to ensure it is accurate, complete, not misleading, and up-to-date.

• Right to Correct

You may have the right to request MCP to correct or complete any personal data you believe is inaccurate, out of date or incomplete.

• Rights of Data Portability

Provided it is technically feasible, and the data format is compatible, you may have the right to request MCP to transmit your personal data to third party.

• Withdrawal of Consent / Cessation of Processing

In circumstances where MCP relies on your consent to process your personal data, you may have the right to withdraw your consent for or request for us to cease any of our processing of your personal data, or request for the erasure of your personal data from MCP’s systems and records. However, such withdrawal or request may result in MCP being unable to assess any information / application submitted by you or continue to engage you on certain matters.

• Direct Marketing / Avoid Distress

If you do not wish to receive any marketing information or promotions on MCP’s future events, you may request us to exclude you from our marketing communications. This would not affect the dealings, arrangement or contract we have with you.

We aim to address your request as soon as practical and may request for additional information and verification of your identity in order to respond to your request. Where the data protection law applicable to MCP’s processing of your personal data does not provide for a right or sets out limitations and exemptions which MCP may rely on, we have the right to deny your request or allow such request at our discretion and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your privacy.

 

10. Contact information

If you wish to exercise your data subject rights, please complete and submit the “Data Subject Request Form” to MCP’s officer who collected your personal data.

 

If you have any questions about this website, you may address them via https://milavieri.com/

MCP has appointed a Data Protection Officer, who is supported by the Data Protection Team. The Data Protection Officer acts as a point of contact for individuals relating to enquiries or concerns on MCP’s processing of personal data. You may contact MCP’s Data Protection Officer at:

 

Ms Chong
Data Protection Officer

MESSRS MILAVIERI CHONG PARTNERSHIP

Advocates & Solicitors of 27-1, Jalan Bpm 13, Taman Bukit Piatu Mutiara, 75150 Melaka

Tel: 06-2888905

Email: dpo@milavieri.com

 

11. Other information

When you visit our website, details about your visit may be recorded by MCP and our third-party service, Google Analytics, including through the setting and usage of cookies. 

Our website may display content of, and provide links to, our advertising partners, content partners, third party social media and third-party video websites such as Facebook, X, Instagram, Pinterest and Youtube. The practices on handling information and cookies by third parties are governed by the privacy statements of such other third party and you are expected to refer to their privacy statements. MCP does not collect or use any information stored in cookies that may be set by any third party from their websites and such third parties do not have access to cookies set by MCP’s website.

You are able to manage or delete cookies directly from your browser history (cache). For instructions on how to manage or delete cookies, please check the support website for your browser. To opt out from being tracked by Google Analytics for all websites, visit https://tools.google.com/dlpage/gaoptout.

 

12. Languages

This Notice is issued in both English and Bahasa Malaysia languages. In the event of any conflict between the English and other language versions, the English version shall prevail. MCP shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on the Website. By continuing to communicate with MCP or by continuing to use MCP’s services following the modifications, updates or amendments to this Notice, this shall signify your acceptance of such modifications, updates or amendments.

 

-End of Privacy Notice-