XAVIER & KOH PARTNERSHIP

ADVOCATES & SOLICITORS

PERSONAL DATA PROTECTION NOTICE

(pursuant to section 7 of Personal Data Protection Act 2010)

Xavier & Koh Partnership, Advocates & Solicitors (“XK LAW”) is committed to protect your personal data and takes into consideration your rights in regards to collection, use and storage of your personal data. We treat the protection of your personal data as a high priority matter.

1. COLLECTION OF PERSONAL DATA

XK LAW collects and processes your Personal Data (including Sensitive Personal Data) and other information (collectively, “Personal Data”) in order to provide you our legal services (collectively, “the Services”).

We may collect your personal data directly from you when you liaise with us regarding our services (via website/electronic mail/telephone conversation/walk-in meetings) and/or during the course of business or transactions with you.

Your personal data may have otherwise been provided to XK LAW by an authorized third party such as your spouse, a company in which you are a director, an officer or a shareholder, or a partnership in which you are a partner for Services that these third parties have sought from XK LAW or have provided to XK LAW. In this context, the term “you” or “your” in this Privacy Notice extends to any individual whose personal data has been provided to XK LAW and/or has been collected when you enter into any commercial transactions with XK LAW.

The personal data that we collect and process may include the following:-

  • Name, company name and job title
  • Contact information including addresses, phone numbers and email addresses;
  • History and details of legal suits/proceedings/claims/actions whether past, pending or current or contingent;
  • Personal/financial information such as EA forms, date of birth, age, identity card number, monthly income, payments, income tax reference and branch and financial history; and
  • Other information relevant to the Services.

In addition, we may also collect your sensitive personal data when you engage/appoint us for the Services which require the same. Sensitive personal data refers to data relating to your physical and mental health, political opinions, and religious persuasions. If we need to collect or process your sensitive personal data, we will obtain your explicit consent.

Please note that at times we may collect personal data of non-clients from you (e.g. your spouse or guarantor) when you engage/appoint us for the Services. If you provide us with such personal data, please obtain their consent for us to process their personal data prior to providing us with their personal data.

2. PROCESSING OF PERSONAL DATA

The personal data will be processed by us and/or our authorised agents for the following purposes:-

  • to verify your identity;
  • to communicate with you;
  • to provide the Services to you;
  • respond to your inquiries;
  • for our day to day operation and administrative purposes including file management, billing and collection, audit, reporting, investigation etc;
  • fulfillment of any regulatory / legal requirements / applicable laws;
  • fulfillment of any advisory engagements and/or appointments entered into by you with XK LAW;
  • such other incidental purposes as may be necessary for the fulfilment of our engagement by you.

Please note that it is necessary for XK LAW to process your personal data for the above purposes. If you wish to withdraw your consent for the processing of the above purposes, we will not be able to provide you with our services.

3. DISCLOSURE OF PERSONAL DATA

Please also be informed that in any situation and if required while exercising the purposes specified above XK LAW may disclose your personal data to the following parties:-

  • any person/s directed by or consented to by you;
  • any person/s required for the purposes of our legal engagement and/or legal transaction including but not limited to parties to suits, other advisors, financial institution, regulatory bodies etc;
  • any person/s for the purposes of complying with legal and regulatory requirements;
  • external data processors (any person/s who we may engage to process personal data on our behalf including data entry service provided, storage service provided, computer backup services, banks, financial institutions etc; and
  • our professional advisors including tax advisors, auditors, financial management advisors, insurance brokers, legal advisors.

In certain situations, we may need to transfer your personal data to locations outside Malaysia for processing or storage in order to provide you with our services and/or any other services requested by you or to fulfil your terms of engagement with XK LAW.

4. RETENTION OF PERSONAL DATA

We will only retain your personal data for as long as we need to provide you with our services, to fulfil legal and regulatory requirements, and to fulfil XK LAW’s internal requirements. If we no longer need your personal data for the stated reasons, we will destroy or permanently delete your personal data.

5. DATA PROTECTION

We are committed to ensuring that your personal data is secured. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your personal data that we collect from you and/or from any other sources.

6. ACCESS / CORRECT / UPDATE PERSONAL DATA

We take reasonable steps to ensure that the personal data we collect from you is accurate, complete, not misleading and up-to-date. Please contact us if there are any changes to your personal data or if you believe that the personal data we have about you is inaccurate, incomplete or not up-to-date.

Under the Personal Data Protection Act 2010, you have the right to access your personal data. If you wish to request access to your personal data, please contact us via the contact details below. Depending on the information you request, we may charge a prescribed fee for your access request. We may take necessary actions to validate your identity to ensure that we are releasing data to the correct person.

7. DISCLAIMER

The information you provide will dictate the accuracy and completeness of your personal data. We assume that the information that is provided by you is accurate, current and complete unless you inform us otherwise.

8. CONFLICT

In the event there is any conflict between the English version and Bahasa Melayu version, the English version shall prevail.

9. CONSENT

We trust that you are agreeable and consent to the continued usage and processing of your personal data for the purposes set out above. If you do not consent to the usage and processing of your personal data, please notify us in writing within 14 days of receipt of this Notice, failing which we shall assume that you have no objection to the same.

10. CHANGES TO THIS PRIVACY NOTICE

We may amend this privacy notice on a periodical basis. Any material changes to this privacy notice will be announced on the website or via direct notification. Please refer to this Privacy Notice from time to time to stay informed on how your information is being processed and protected by XK LAW.

*This Privacy Notice is last updated on: 1 February 2023

11. CONTACT DETAILS

For any inquires with regard to this Privacy Notice, requests or update of your personal data you may at any time hereafter contact the following by providing your full name and identification number for verification to Mr Xavier, Joachim at +603-64199747 or via email.

Thank you.

XK LAW ANTI-BRIBERY AND ANTI-CORRUPTION POLICY

This policy outlines guidelines to prevent and detect corruption within the operations of Messrs Xavier & Koh Partnership (“the Firm”), aligning with anti-corruption laws, including the Malaysian Anti- Corruption Commission Act 2009. Prohibited by these laws and similar global legislations is the bribery of government officials or the private sector to gain an undue advantage. The Firm maintains a zero-tolerance policy against giving or accepting bribes.

A. APPLICABILITY OF THIS POLICY

  1. This policy is applicable to all members of the Firm, encompassing employees (whether permanent or contractual), consultants, contractors, vendors, volunteers, interns, agents, sponsors, or any other individual associated with the Firm, collectively referred to as “Concerned Persons.”
  2. This policy extends to conduct both within and outside Malaysia.

B. POLICY STATEMENT

  1. All Concerned Persons must adhere to this Anti-Corruption Policy, the Malaysian Anti- Corruption Act 2009, and other pertinent laws. Key rules include:
    • The Firm strictly prohibits giving, receiving, soliciting, offering bribes, or kickbacks.
    • Accurate and truthful recording of all transactions and expenses in the Firm’s records is mandatory.
    • The Firm refrains from engaging in prohibited activities, even indirectly through third parties like consultants, contractors, partners, or vendors.

C. RESPONSIBILITIES OF ALL CONCERNED PERSONS

  1. This policy underscores the collective responsibility of all Concerned Persons in preventing bribery and corruption within the workplace.
  2. All Concerned Persons must actively contribute to preventing, detecting, and reporting instances of bribery and corruption. Reporting suspicious activity to the Firm’s Compliance Officer promptly is a shared responsibility.
  3. Actions that could lead to a breach of the policy, including dealings with susceptible parties, must be avoided to maintain high ethical standards.
  4. Concerned Persons unsure about a potential bribery or corruption act/situation are encouraged to contact the Compliance Officer for guidance.

D. CONSEQUENCES OF FAILURE TO COMPLY

  1. Non-compliance with this policy or relevant laws may result in disciplinary action, up to and including termination of employment.
  2. Failure to comply by external parties may lead to termination of dealings with the Firm and reporting to relevant authorities.
  3. Consequences of violating anti-corruption laws in Malaysia may include severe fines, disqualification from public agency dealings, license loss, and potential criminal prosecution for personnel involved.
  4. The Firm is prohibited from paying fines or penalties imposed on individuals arising from a bribery/corruption conviction.

E. PROHIBITED CONDUCT

  1. All Concerned Persons are strictly prohibited from:
    1. Providing, pledging, or offering a Gratification with the anticipation of receiving a personal or business benefit.
    2. Offering or providing Gratification to a government official in exchange for expediting routine procedures or for the exercise of discretion.
    3. Accepting Gratification when offered with the expectation of a personal or business benefit.
    4. Participating in any action that could result in a violation of this policy.

F. PERMITTED CONDUCT

  1. Gifts may be given or received under specific conditions, ensuring they are not offered to influence business decisions or as an exchange for favours.
  2. When in doubt, Concerned Persons should consult the Compliance Officer for guidance.
  3. The Firm reserves the right to reject any gifts, regardless of whether they constitute Gratification.

G. RESPONDING TO SOLICITATION AND EXTORTION

  1. Concerned Persons encountering requests for Gratification should politely refuse and inform the Compliance Officer immediately.
  2. An exception exists for demands accompanied by a credible threat to personal safety. In such cases, Concerned Persons may accede to the demand but must report it promptly to the Compliance Officer.

H. SEEKING GUIDANCE AND REPORTING VIOLATIONS

  1. Concerned Persons uncertain about specific actions inconsistent with this policy may raise concerns with the Compliance Officer.
  2. Reporting potential violations can be made to the Firm’s Compliance Officer or, if unsuitable, to the Malaysian Anti-Corruption Commission.
  3. The Firm’s Compliance Officer, Joachim Xavier, can be contacted at +6 016-410 0264 or xavier@xklaw.com.my.
  4. The Firm prohibits retaliation against those reporting concerns in good faith, ensuring a safe reporting environment.

XK LAW’S WHISTLEBLOWING POLICY

  1. Messrs Xavier & Koh Partnership (“The Firm”) strongly encourages its employees and business partners to promptly report any instances of improper conduct.
  2. Improper conduct, as delineated in Section 2 of the Whistleblower Protection Act 2010, is defined as “any conduct which, if proven, constitutes a disciplinary offense or a criminal offense.”
  3. Such improper conduct encompasses any actual or perceived acts of corruption or bribery.
  4. The Firm actively promotes the reporting or disclosure of any violations of the Firm’s Anti-Corruption and Anti-Bribery Policy.
  5. The party reporting or disclosing perceived acts of corruption or bribery will be guaranteed confidentiality, free from any apprehension of retribution, victimization, or detriment. This commitment to confidentiality and protection against retribution extends even in cases where the report or disclosure is later proven to be erroneous or mistaken. This assurance is provided that the report or disclosure was made in good faith, belief, and without malice.
  6. Any report or disclosure of improper conduct may also be directed to the relevant enforcement agency.
  7. In the event that the improper conduct involves actual or perceived acts of corruption or bribery, the report or disclosure can be directed to the Malaysian Anti-Corruption Commission (“MACC”) through one of the following channels:
    1. Write into MACC by post, marked “Private & Confidential” and addressed to:
      Chief Commissioner of the Malaysia Anti-Corruption Commission
      MACC Headquarters
      No. 2 Lebuh Wawasan,
      Presint 7, 62250 Putrajaya.
    2. File your report via the MACC Bribery Reporting Portal: https://portaladuan.sprm.gov.my/
    3. File your report using the MACC Mobile Application accessible via mobile phone.
    4. Email your report to MACC: info@sprm.gov.my
    5. Call the MACC hotline: +6 03 1800 88 6000.
    6. SMS you report to MACC: +6 019 6009 696.
    7. Fax your report to MACC: +6 03 8870 0934.
    8. Meet in person with an MACC officer (by appointment only) – see telephone number and address above.
  8. The reporting / disclosure channels above are available to the members of the Firm’s internal and to any parties dealing with the Firm.

XK LAW’S ANTI- MONEY LAUNDERING, ANTI-TERRORISM & PROCEEDS OF UNLAWFUL ACTIVITIES POLICY

  1. Xavier & Koh Partnership (“the Firm”) is committed to diligently preventing individuals engaged in money laundering, handling proceeds of unlawful activities, and financing terrorism from exploiting our services. We fully endorse the ongoing efforts of the Government, Bank Negara Malaysia, and the Bar Council to combat illicit activities within the legal framework.
  2. In alignment with the Anti-Money Laundering and Anti-Terrorism Financing & Proceeds of Unlawful Activities Act 2001 (“AMLATFPUA”), and the Anti-Money Laundering/Counter Financing of Terrorism (“AML/CFT”) requirements, the Firm has established rigorous policies, procedures, processes, and systems aimed at thwarting money laundering and terrorist financing activities.
  3. To oversee compliance, Joachim Xavier, the founding Partner, has been designated as the Compliance Officer. He can be reached at +6 016-410 0264 or xavier@xklaw.com.my.
  4. Prior to commencing any engagement, the Firm will conduct a thorough Client Due Diligence (“CDD”) on both individuals and corporate entities. Clients are required to furnish all information mandated by the AMLATFPUA, and the data collected during the CDD process will be securely retained for a period of six (6) years.
  5. Moreover, clients will undergo risk profiling based on predefined risk factors, including the nature of services/products offered, geographical location, and delivery channels.
  6. As part of the Firm’s robust compliance measures, the Firm will screen all client names against the United Nations Security Council Sanctions Resolution list and the Ministry of Home Affairs Malaysia’s list (available on request) of individuals and entities suspected of contravening AMLATFPUA or other Malaysian laws.
  7. Should any suspicion arise, consistent with AMLATFPUA guidelines and circulars issued by Bank Negara Malaysia, the Firm reserves the right to submit a Suspicious Transaction Report (“STR”) to the Financial Intelligence and Enforcement Department of Bank Negara Malaysia (“FIED”). An STR would only be submitted in circumstances where doing so will not contravene the client-solicitor confidentiality privilege that the Firm is legally obligated to uphold under the Legal Profession Act 1976.
  8. Clients acknowledge and agree that the Firm shall not be held liable in any way whatsoever for fulfilling any legal obligations mandated by the AMLATFPUA.