Terms of Disclosure/Use of Information and Personal Data

For the purposes of the provision by Kenanga Investment Bank Berhad (“Bank”) and its group of companies including its subsidiaries and related companies (“Kenanga Group”) of any financial product(s) and/or service(s) to you and/or for the performance of any contract(s)/agreement(s) between Kenanga Group and you (hereinafter collectively the “Kenanga Services & Products”), please be informed that we will collect and process any information relating to you, your directors and shareholders (if you are a corporation), your representatives, your security provider(s) and/or any other third party (collectively, the “Data Subjects”).

In addition to the permitted disclosures provided under the Personal Data Protection Act 2010 and Schedule 11 of the Financial Services Act 2013 and/or Islamic Financial Services Act 2013, by signing and returning this letter to the Bank, you hereby consent, authorize and permit Kenanga Group and/or its officers and employees to collect, disclose and furnish, without further notification or concurrence by you, any information and data relating to you, any document, record and information concerning the financial product(s) and/or services provided or to be provided to you, your accounts and/or future accounts with Kenanga Group, the performance of any contract(s)/agreements between you and Kenanga Group, and/or any other matters relating to your business and operations (if you are a corporation) to such extent as Kenanga Group may require for the provision of the Kenanga Services & Products (“Information”).

We may use, process and/or disclose the Information for the following purposes in and/or outside Malaysia (“Purpose”):

  • to assess and process your applications for the Kenanga Services & Products including to handle any issue and/or query during such applications;
  • to manage and maintain your accounts/facilities with us;
  • for crime or fraud detection, investigation, prevention, prosecution and compliance with sanctions, including know your customer (KYC) and regular politically exposed persons (PEP) screening;
  • to respond to the requirements of a civil or criminal legal process, government and/or any regulatory body, and/or for regulatory compliance purpose and/or as required by law or regulation (including the European Union member states);
  • for debt collection and enforcement of your obligations to us and/or recovery of monies due and payable by you under the Kenanga Services & Products;
  • for audit, compliance and risk management;
  • to transfer or assign our rights and duties under any governing terms and conditions between us and yourself;
  • to perform shared services within Kenanga Group;
  • for the outsourcing of business and back-room operations of Kenanga Group;
  • for the transfer, storing and processing of the Information to a cloud service provider whether within Malaysia or outside Malaysia in order to carry out any of the Purposes stated in this letter;
  • to transfer the Information to foreign jurisdictions to enable any cross-border transactions, for the performance of a contract, for the purposes of legal proceedings, upon written request from a foreign regulatory or government authority or body, to protect your vital interest or where it is in the public interest to do so; and/or
  • for any other purposes that are required or permitted by any law, regulation, order and/or guidelines.

The Information may be disclosed to the following parties (“Parties”):

  • the other entities/companies (including future entities/companies) within Kenanga Group, and its agents, affiliates and associates;
  • share registrars;
  • the issuer of securities related to the Kenanga Services & Products that you have subscribed/invested;
  • administrators, liquidators (interim or permanent), judicial managers, receivers and managers;
  • other financial institutions granting or intending to grant any credit facilities to you, the Central Credit Bureau or any other central credit bureau established by the Central Bank of Malaysia (“BNM”) or such authorities/agencies established by BNM or any agency established by the Association of Banks in Malaysia, BNM, Cagamas Bhd and such other authorities as may be authorised by law to obtain the Information;
  • professional advisers, contractors, service providers, nominees, agents, debt collection agencies (including persons involved in debt collection and claims for debt), and our other agents or third party providers with whom we have contractual agreements for our functions and services;
  • auditors, solicitors, valuers, consultants and/or other agents in connection with the preparation of any contract(s)/agreement(s)/report(s)/advice/opinion(s) pertaining to the Kenanga Services & Products;
  • credit reference agencies, rating agencies, insurers or insurance brokers;
  • any actual or potential participants or assignee or transferee of our rights and/or obligations under any transaction between us and you;
  • any guarantor or security provider for the Kenanga Services & Products granted by us to you;
  • any authorities or regulators, including foreign regulators for the performance of their functions, or any party as required by any law or any government, quasi-government, administrative, court or tribunal;
  • any person connected to the enforcement or preservation of any of our rights under your agreements with us;
  • any party or authority, if required by law, regulation and/or by law or pursuant to any order from any court of competent jurisdiction or if the disclosure has been approved in writing by BNM; and/or
  • any other party authorized and/or consented to by you.

You may, at any time, opt to withdraw or revoke your consent for the disclosure of your Information and any Information about the Data Subjects provided to us by you (save for Information which is necessarily retained by us to comply with legal, contractual, or regulatory requirements, storage purposes, or if there are valid grounds under the law to do so, such as legal claims etc.) by submitting a written notification addressed to digitalinvesting@kenanga.com.my. We will require a reasonable amount of time to process such notices.

We reserve the right to take the necessary actions if we feel that such removal or cessation would not allow us to provide the Kenanga Services & Products or fulfil our obligations in a satisfactory manner. This includes our entitlement to refuse to provide or cease providing any facilities, or Kenanga Services & Products to you.

Meanwhile your and/or the Data Subjects’ personal data that we have collected may be used or processed according to the Bank’s Privacy Notice which can be found at http://www.kenanga.com.my/general/privacy-statement.

By accepting or acknowledging these terms digitally, you are deemed to have read, acknowledged and accepted the above. Your electronic acceptance of the terms of these terms the same effect as if you physically signed the same with us.