HLA Privacy Policy (Koha Digital)

Dear valued Legacy Planner,

By reading this Policy and agreeing to be bound by it, you as the Legacy Planner to your customer and Koha as the service provider of the services provided to you and/or your customer fully understood that the data provided and obtained shall not be divulged to any third parties and/or unauthorized person save and except consent obtained in writing from Koha.

This is in lieu with Koha Digital Holding Sdn. Bhd. (“Koha Digital”) Privacy Policy provided to our customer as following:-

In Malaysia, the Personal Data Protection Act 2010 (“PDPA”) came into force on 15th November 2013 by the Government to protect the personal data of individuals with respect to commercial transactions. Koha Digital complies with the PDPA 2010 and are committed to protect and respect your privacy. Under Section 7 of PDPA 2010, we, Koha Digital are required to serve you as our customer a Privacy Notice pertaining to your rights in respect of your personal data that is being processed or that is to be collected and further processed by us and the purposes for the data processing.

In line with the Act, this Privacy Notice aims to highlight the manner we deal with your personal data, the choices available to you to access or limit our access to your personal data as required under Section 7 of PDPA 2010 as follows:

A. Personal data information:

Koha Digital will process your personal data as listed below which have/has been provided
by you to Koha Digital:

1. Name (As per IC);
2. National Registration Identification Card (IC) number or passport number;
3. Family details;
4. Contact details including house and/or mobile phone number, email address and mailing
5. address; and
6. Any other personal data derived from any legal documentation including but not limited to Insurance Policies, Birth Certificate, Death Certificate, Power of Attorney, and Bank Accounts.
7. Account & Registration Data: Your username, password, and any information provided during the registration process to ensure account accuracy and security.
8. Communication Records: Transcripts, logs, and copies of all communications conducted between you and your customers via the Koha platform.

Koha Digital will process the aforesaid personal data, which are provided by you to Koha Digital Online Platform. Please be assured that the Personal Data provided by you should be used for Koha Digital’s business and services only.

B. Purposes for which the personal data is being or is to be collected and further processed:

As our services covers the Preparation of Wills and other Wealth Management services, we
will process the data collected for the following purposes: -

1. To facilitate the drafting of Wills and other legacy planning instruments as purchased by you;
2. To facilitate the drafting of trusts or Power of Attorney as instructed by you;
3. For billing and financial purposes, including payments for Koha Digital services (and all
4. Transaction related thereto), accounting and tax;
5. For maintenance of customer database and customer service related processes;
6. To respond to your enquires;
7. For administrative purposes;
8. To meet legal and statutory requirements;
9. To conduct research and statistical analysis;
10. To serve for direct marketing purposes; and
11. Providing you with information and updates on our products and services.
12. To monitor and enforce the highest standards of professionalism, integrity, and ethical conduct in accordance with industry guidelines
13. To detect, investigate, and prevent prohibited practices including 'twisting' (inducing customers to switch arrangements via misleading info), 'churning' (recommending excessive services without benefit), and unauthorized legal advice
14. To conduct compliance reviews and audits of transaction history and marketing materials to safeguard Koha's reputation

Any information requested by us are necessary and mandatory for us to facilitate the online Will services and other Wealth Management services. If you do not provide all of the information as requested, we will not be able to provide you the Koha Digital’s services and relevant updates or information.

C.We collect your personal data from various sources, including but not limited to:

1. When you sign up to purchase our products and services;
2. When you register your interest with us;
3. When you visit our website and/or social networking sites;
4. From any panel within Koha Digital (if any); and
5. Pursuant to any transaction or inquiry or communication made with or to us.

D. We maintain the security of your personal data as follows:

1. We maintain adequate security control system to safeguard the confidentiality and
2. security of your personal data;
3. Access to your personal data by our staff is strictly on a need-to-know basis; and
4. Where we appoint third party service providers, panels or contractors (if any) to provide
5. services to us, we ensure that these third parties observe similar security measured as adopted by us.

E. Disclosure of your information:

In order to provide you the online Will writing services and in connection with the operation of this Website, we may process, use and disclose your personal data to the following classes of third parties:

1. Relating to the purposes for which the personal data is collected;
2. Our service providers, consultants, attorneys, auditors and advisors when needed;
3. Our panels providing our services (if any);
4. Any person who is under a duty of confidentiality who has undertaken to keep such data confidential;
5. Any court of law or any relevant party in connection with any claim or legal proceedings;
6. With regulatory authorities and enforcement agencies, including but not limited to the Lembaga Peguam Malaysia (Bar Council), Bank Negara Malaysia (BNM), Suruhanjaya Syarikat Malaysia (SSM), and the Securities Commission Malaysia.

F. Where we store personal data:

All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. You must not share your password with anyone.

G. Changes to our privacy policy:

Any changes we make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

H. Access, corrections and complaints:

If you would like to make any inquiries or complaints or request access or correction of your Personal Data which is inaccurate, incomplete or not updated, you may contact us by writing to the following address or email to us: -

Koha Digital Holding Sdn. Bhd. (Company No.: 202301007813 (1501734-V))
V Square @ PJ Centre,
Block 6-09-01, Jalan Utara,
Bandar Petaling Jaya,
46200 Petaling Jaya,
Selangor Darul Ehsan.

Email: info@koha.digital

Any request to access or correct the personal data may be subject to the requirements under the Personal Data Protection Act 2010. In the event of any inconsistency or conflict between the English version and the Bahasa Malaysia version of this Personal Data Protection Notice to customer, the English version shall prevail.

By providing to us your personal data, you hereby consent to the processing of your personal data in accordance with all of the foregoing.

I. Legacy Planner’s Confidentiality Obligations:

1. Legacy Planners shall keep strictly confidential all personal data, documents, and information obtained through Koha Digital and shall not disclose such information to any unauthorized third party without prior written consent from Koha Digital and/or the relevant customer.
2. Legacy Planners shall only access, use, process, or retain personal data strictly for purposes authorized by Koha Digital and necessary for the provision of services.
3. Legacy Planners shall comply with all obligations under the Personal Data Protection Act 2010 (“PDPA”) and any applicable data protection laws or regulations.
4. Legacy Planners are prohibited from:-
   a. Sharing customer information with unauthorized persons;
   b. Using customer information for personal purposes or unauthorized marketing;
   c. Selling, transferring, distributing, or reproducing customer data without authorization;
   d. Retaining customer data beyond the period necessary for the purposes authorized by Koha Digital;
   e. Using Koha’s name, logo, or official forms for personal business, unauthorized marketing, or any activity that may mislead the public or damage Koha's goodwill; and
   f. Making false or inaccurate representations regarding the legal effects, fees, or benefits of Koha’s services

J. Data Security Responsibilities:

Legacy Planners shall take reasonable and appropriate security measures to protect customer personal data from unauthorized access, misuse, disclosure, alteration, loss, or destruction.

Legacy Planners are responsible for maintaining the confidentiality and security of their account credentials, passwords, devices, and systems used to access Koha Digital’s platform.

Legacy Planners shall immediately notify Koha Digital upon becoming aware of any actual or suspected data breach, unauthorized disclosure, or cybersecurity incident involving customer personal data.

K. Compliance and Cooperation

Legacy Planners shall comply with all applicable laws, regulations, policies, and guidelines relating to their use of the Koha Platform and their dealings with clients and prospects.

Where reasonably required, Legacy Planners shall cooperate with Koha Digital in relation to any complaint, inquiry, investigation, or matter concerning the use of the Koha Platform or services provided through it.

Legacy Planners shall be responsible for their own acts, omissions, and conduct, including any misuse of client or prospect information, and shall indemnify Koha Digital against any loss, damage, liability, claim, or expense arising from such conduct.

L. Retention and Deletion of Personal Data:

Upon termination of the Legacy Planner’s relationship with Koha Digital, or upon request by Koha Digital, Legacy Planners shall immediately cease access to and permanently delete or return all customer personal data and confidential information in their possession or control, unless retention is required by law.

M. Personal and Legal Liability:

You are personally and legally liable for any damages, including legal costs, reputational loss, or loss of goodwill, suffered by Koha resulting from your unauthorized, fraudulent, or misleading use of customer data or Koha's intellectual property. In the event of misconduct (such as 'twisting' or 'churning'), Koha reserves the right to claw back all commission fees earned from the affected transactions.

N. Prevailing Clause for Conflict Resolution
In the event of any inconsistency or conflict between this Privacy Policy and the Koha Terms & Conditions, the provision that provides greater protection to Koha Digital Holding Sdn. Bhd. shall prevail.