HOMES360
PRIVACY POLICY
October 10, 2023
Your access/use of this website, mobile site, microsite or mobile application (including such products/services as may be made available on and/or through the websites, mobile sites, microsites, or mobile applications by ProppyApp Co.)(collectively, the “Platforms”) are subject to the Terms of Use and our Privacy Policy, including any amendments thereto which ProppyApp Co., at its sole discretion, may make from time to time (collectively, these “Terms”).
ProppyApp Co. reserves the right at any time, to change, modify, or discontinue any aspect or feature of the Platforms, including, without limitation the contents, data, and availability. You are advised to refer to these Terms each time you access/use the Platforms to ascertain and understand any additions, deletions, modifications, revisions and/or variations that may be made to these Terms from time to time, and you shall be deemed to have read, understood and accepted these Terms, including such additions, deletions, modifications, revisions and/or variations each time you access/use the Platforms.
If you do not agree to any of these Terms, you shall immediately cease your access/use of the Platforms.
1. Introduction
1.1 The Platforms are developed, owned, managed, and operated byProppyApp Sdn. Bhd.(Reg. No. 202101010561 (1410860-H) (“ProppyApp Co.”) and/or its approved third-party vendors. We are committed to the protection of your personal data and compliance with all applicable personal data protection laws and regulations in Malaysia.
1.2 The Platforms are created with the intention of utilising and capitalising on the latest technologies to revolutionise the way we sell, buy, list, invest and manage our properties. Our aim is to provide a safe, trustworthy, and credible platform for property, real estate, and its related services and industries to communicate, transact, and do business effectively, taking that technological quantum leap into the future.
1.3 This Privacy Policy is formulated in accordance with the Personal Data Protection Act 2010 of Malaysia (“PDPA”), which describes how personal data that we collect from you, or that you provide to us, will be used, processed, or disclosed by us, including how certain information would be used to personalise advertising directed at you.
1.4 References to "you", "your", “yours” or “user” refer to any person using the Platforms. References to "we", “us” or "our" refer collectively to any member of ProppyApp Co.
1.5 The following discloses our information gathering and dissemination practices for www.homes360.com[WF1] and mobile applications created, managed and/or owned by ProppyApp Co. that are made available to you for download from the app stores, including but not limited to “iOS App Store”, “Android App Store / Google Play Store” and “Huawei App Gallery” (collectively, “Platforms”) and if relevant, for the use of, or subscription to, or purchase of any products and/or services offered by ProppyApp Co.
2. Your Consent
2.1 By providing your personal data to ProppyApp Co., you have deemed to have read, understood and accepted the Privacy Policy herein, and you have consented to the processing of your personal data by ProppyApp Co. in the manner set out herein. If you provide personal data of third parties to ProppyApp Co., you warrant and represent to ProppyApp Co. that you have obtained the required consent of the third parties for the processing of the relevant personal data by ProppyApp Co. in the manner set out herein.
3. Personal Data Collected by the Platforms
3.1 Our Platforms do not automatically record information regarding a user's personal data unless the user supplies it. You may access/use our Platforms even without disclosing your personal data, save and except in certain products/services offered in our Platforms which may require you to first register an account as a Registered User.
3.2 As a Registered User, we collect certain information from you as a user during the registration process. In this situation, information from and about you, your devices, and your location may identify you, or can be used to identify you directly. When you click on certain features within our Platforms, or request certain pages from our server, it automatically collects some information about your preferences, and locations, including your internet protocol (“IP”) address.
3.3 Although the precise details of the personal data collected will vary according to the specific purpose via our Platforms, we may typically collect the following personal data or information from you, which may include your name, identity card number, passport number, address, date of birth, mobile numbers, email address, gender, etc. In some of our products/services, such as the Homes360, we would require you to provide additional information, which details are provided in the Terms of Service for Homes360 User.
4. Purpose of Use
4.1 The personal data that you have voluntarily provide to us on our Platforms may be processed and/or disclosed to our Vendors (as hereinafter defined), including but not limited to the following purposes (collectively, "Purposes"):
· to manage and administer our Platforms;
· to manage, verify and complete the registration process;
· to manage, verify and complete your subscription;
· to manage, verify and allowing transactions;
· to manage the access/use of the products/services available;
· to manage and verify your entitlement to our rewards or loyalty scheme (where applicable);
· to allow interaction and exchanges amongst the users;
· to understand and analyse our sales, and your needs and preferences;
· to develop, enhance, market and provide products/services to meet your needs;
· to enable you to participate in promotions and contests;
· to improve your browsing experience by customising and personalising your needs;
· to process exchanges or product returns (where applicable);
· to respond to your requests or enquiries;
· to respond and taking follow-up action pertaining to your complaints;
· to send you updates on products/services, news/events, rewards/promotions, special privileges, and initiatives offered through our Platforms, our partners and/or advertisers via any communication channel, including but not limited to SMS, voice calls, emails and push notifications;
· to provide third parties with statistical information about our users. Such statistical information may be used to personalise advertising on our Platforms, but cannot be used to identify any individual user;
· to process your payment transactions;
· for our credit control service and/or collection of debts due and owing to us; and
· to comply with any regulatory, statutory or legal obligation imposed on us by any relevant authority.
5. Use and Disclosure
5.1 We may disclose your personal data within ProppyApp Co. and/or to third parties such as our service providers and professional advisors, i.e. the Vendors (as hereinafter defined) for the Purposes set forth hereinabove in accordance with the terms and conditions set out herein.
5.2 We are responsible for the personal data under our control, including personal data disclosed by us to a Vendor (often referred to as the data processor and third-party service providers). "Vendor" in this Privacy Policy means in relation to personal data, any person or entity (other than our own employee) who processes the personal data on behalf of us and/or who provide third-party services for us. "Processing", in relation to personal data means for example obtaining, recording, holding, or using the personal data in carrying out any operation or set of operations on the personal data and/or providing its respective services to us.
5.3 We use and disclose aggregated non-personally identifying information collected through our Platforms as part of ProppyApp Co.'s process so as to help improve the products/services offered by ProppyApp Co. via our Platforms.
6. Impact of Non-Provision of Personal Data
6.1 Please note that in the event that certain information is required but not supplied, or the information is not satisfactory to us, then your application or request for any of the above Purposes may not be accepted or acted upon or your request to access to some features on our Platforms, or the use of, or subscription to, or purchase of any products/services offered by ProppyApp Co. may be denied or affected.
7. Storage and Retention of Personal Data
7.1 Your personal data shall be stored either in hard copies in our offices or in servers located either in Malaysia or abroad. It may be necessary to transfer your personal data to third-party service providers based/located outside Malaysia. By continuing to use the Platforms, or the products/services of ProppyApp Co., you hereby consent to such transfer.
7.2 Any Personal Data supplied by you will be retained by us as long as necessary for the fulfilment of the Purposes stated above or as required to satisfy legal regulatory, and accounting requirements or to protect our interests.
7.3 Save and except as provided in Clause 15 hereof, we do not offer any online mechanism for you to delete your personal data held by us.
8. How Email and 'Contact Us' messages are being handled
8.1 We may preserve the content of any email or "Contact Us" or other electronic message that we receive.
8.2 Any personal data contained in those messages will only be used or disclosed in ways set out in this Privacy Policy.
8.3 The message content may be monitored by our Vendors, third-party service providers, or employees for purposes including but not limited to compliance, auditing, and maintenance or where email abuse is suspected.
9. Communication or Utilisation Data
9.1 Through your use of telecommunications services to access our Platforms, your communications data (e.g., IP address or mobile numbers) or utilization data (e.g., information on the beginning, end, and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal data.
9.2 To the extent that there is a compelling necessity, the collection, processing, and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.
10. Automatic Collection of Non-Personally Identifiable Data
10.1 When you access our Platforms and/or use any products/services offered by ProppyApp Co., we may (i.e., not by registration) collect, use, and disclose non-personally identifiable data, including but not limited to information about your internet browser and operating system, the domain name of the website from which you came, number of visits, average time spent on the site and pages viewed.
10.2 We may use and disclose these non-personally identifiable data and share it within ProppyApp Co. and/or third-party to monitor the attractiveness of our Platforms and improve our performance for the products/services/contents on an aggregate, anonymize, and non-personally identifiable basis.
10.3 However, please be assured that this information is not intended to be used to personally identify you. Information that we may collect, including but not limited to:
(i) Device information - such as your hardware model, IP address, other unique device identifiers, operating system version, browser type, and settings, such as language and available font settings, and settings of the device you use to access our Platforms;
(ii) Usage information - such as information about your usage of our Platforms, products/services offered by ProppyApp Co., the time and duration of your usage, and other information about your interaction within our Platforms, and any information stored using cookies, mobile ad identifiers, and similar technologies that we have set on your device.
(iii) Location information - such as your computer’s IP address, your mobile device’s global positioning system (GPS) signal, or information about nearby WiFi access points and cell towers that may be transmitted to us when you use certain services.
11. Online Tracking Technologies and Advertising
11.1 Our Platforms may use cookies and other tracking technologies to provide the products/services, depending on the features offered, to advertise to you and to analyse how you use the products/services at the Platforms and whether advertisements are being viewed. ProppyApp Co. also allows third-party to use tracking technologies for similar purposes.
11.2 We and any third parties duly appointed/authorized by us to provide content, advertising, or functionality or measure and analyse advertisement performance on our Platforms (collectively, “Authorized Third Parties”), may use cookies, pixels/beacons, mobile advertising identifiers, and similar technologies to facilitate administration and navigation, to better understand and improve our Platforms, to determine and/or improve the advertising shown to you here or via our Platforms, and to provide you with a personalised / customized experience.
11.3 Cookies- Cookies are small bits of electronic information that can be transferred to your computer or device to uniquely identify your browser when you visit the Platforms, and such cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions, and across one or more sites. Cookies serve many useful purposes. For example:
(i) Cookies remember your sign-in details/credentials, so you do not have to enter those details/credentials each time you visit our Platforms;
(ii) Cookies help us and the Authorized Third Parties understand which parts of our Platforms are the most popular because they help us see which pages and features users access and how much time they spend on these pages. By studying this kind of information, we are better able to adapt our Platforms and provide you with a better user experience;
(iii) Cookies help us and the Authorized Third Parties understand which advertisements you have seen so that you don’t receive the same advertisement each time you visit our Platforms.
11.4 Most browsers accept cookies automatically but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. If you disable browser cookies or flash cookies, it may interfere with the proper functioning of our Platforms.
11.5 Beacons - We, along with the Authorized Third Parties, may also use the pixels technologies, also known as beacons, which are electronic files that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, allowing us to know when and what you have viewed a particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your device. We and the Authorised Third Parties use pixels/beacons for a variety of purposes, including to analyse the use of the Platforms and products/services offered by us and (in conjunction with cookies) to provide content and advertisements that are deemed to be more relevant to you.
11.6 Location Data - If you enable location services on your mobile device, ProppyApp Co. with your permission may collect the location of your device, which we use to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.
11.7 Local Storage & Tracking Technologies - We, along with third parties, may use other kinds of technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and Hypertext Markup Language revision 5 (HTML5) local storage, in connection with our Platforms. We also may use unique identifiers associated with your device, such as mobile advertising identifiers. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, so you might not be able to control them using standard browser tools and settings. For HTML5 local storage, the method for disabling HTML5 will vary depending on your browser. For Flash cookies, information about disabling or deleting information contained in Flash cookies can be foundhere.
11.8 Mobile device and mobile browser information -You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
11.9 Additional Choices to Targeted Advertising - As described above, we and the Authorized Third Parties may use cookies and other tracking technologies to facilitate serving relevant advertisements to you. For example, these technologies help us determine whether you have seen a particular advertisement before, tailor advertisements to you if you have visited our Platforms before, and avoid sending you duplicate advertisements.
11.10 Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable tracking technologies in mobile applications. Many mobile devices allow you to opt out of targeted advertising for mobile applications using the settings within the mobile application or your mobile device. For more information, please check your mobile settings. You also may uninstall our applications using the standard uninstall process available on your mobile device or app marketplace.
11.11 Emails -You may receive emails from us for a variety of reasons - for example, if you took an action through our Platforms, or you signed up for a regular report, or you posted your home for sale or rent, and a buyer sent you a message. If you are a Registered User on the Platforms, you may edit your preferences through your account settings. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.
12. Public Forums
12.1 Our Platforms make information sharing, feedback, forums, and/or message boards available to Users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal data. We request that users treat each other with courtesy and mutual respect.
13. Confidentiality
13.1 Personal data held by us will be kept confidential in accordance with this Privacy Policy pursuant to any applicable law that may from time to time be in force.
13.2 Any questions, comments, suggestions, or information other than personal data sent or posted through our Platforms, or any part thereof by you will be deemed voluntarily provided to us on a non-confidential and non-proprietary basis.
14. Security
14.1 Our Platforms have security measures in place to protect the loss, misuse, and alteration of the information under our control. When you are requested to provide your credit card information, we provide a secure environment through our partners' systems (using industry-standard SSL or SET protocols) for this purpose.
14.2 However, you as a user understand that no data transmission over the internet can be guaranteed as completely secure. Whilst we strive to protect such personal data, we cannot ensure or warrant the security of any personal data transmitted to us and individuals do so at their own risk. Once any personal data comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification, or disclosure.
14.3 A username and password may be essential for you to use some features of our Platforms. For your own protection, we require you to keep these confidential and to change your password regularly (if required).
15. Linked Sites
15.1 Our Platforms may contain links or information gathered from other sites. We are not responsible for the privacy practices or the content of such sites. We have established relationships with advertisers and/or business partners but such relationships are generally technical in nature, or content collaborations. If any advertisers and/or business partners access any information entered by you in our database, this fact shall be disclosed to the users upon initiating the registration process. Users who feel they do not wish their information to be shared by anyone other than through our Platforms may then opt out of completing the registration.
15.2 You acknowledge and agree that ProppyApp Co. will not be held liable, directly or otherwise, or is in any way responsible for the contents of the third-party websites you access/use since ProppyApp Co. does not review, control, monitor, or examine the contents of the third-party websites.
15.3 Further, the links by ProppyApp Co. to such third-party websites or posting of materials or advertising of such third-party websites is not an endorsement of or representation concerning these third-party websites, materials, products/services. All title, logo, trademark, and intellectual property rights in the contents of any third-party websites are the property of the respective owner of such linked websites and may be protected by applicable copyright or other intellectual property laws or treaties.
15.4 You are hereby advised to read the terms and conditions and any policy that governs the particular third-party websites. ProppyApp Co. has the right and the sole discretion to add, change, decline, or remove, without any notice, any feature or link to any of the linked sites from the Platforms. You may only link another website to the Platforms with the prior consent of ProppyApp Co. ProppyApp Co.’s agreement to link with any other website should not be interpreted or represented to be an endorsement by ProppyApp Co. of any product, position, entity, or organization.
16. Right of Access to Personal Data
16.1 Under the PDPA, you have the right of access to your own personal data held by us on payment of a prescribed fee (if applicable) and to request correction of the personal data that is inaccurate, incomplete, misleading, or not up to date. If you have any questions regarding this Privacy Policy or if you wish to request access to your personal data or if you wish to correct your personal data or if you wish to withdraw your consent for future marketing communication, you may send your request in writing to:
ProppyApp Sdn. Bhd.(Reg. No. 202101010561 (1410860-H)
Unit V3-08-06
Sunway Velocity Designer Office,
Lingkaran SV, Sunway Velocity,
55100 Kuala Lumpur, Malaysia.
Attn: Ms. Kamalvinder Dhillon - Data Protection Officer
16.2 We will only accept and act on requests in the English language that comply with this Privacy Policy. Any request that does not comply with the above will be rejected, and we will not take any action in relation to such rejected requests.
16.3 We may refuse to disclose or amend any personal data for the reasons set out in the PDPA. As far as reasonably possible, we will respond to your request within 7 working days from the date of receipt of the request. If that is not possible, you will be notified within 14 working days from the date of receipt of the request.
17.1 We reserve the right to amend this Privacy Policy from time to time without prior notice. Any changes to the Privacy Policy will be uploaded onto our Platforms and therefore, we encourage you to check/visit our Platforms from time to time for any changes on a regular basis.
17.2 In the event of a conflict between the English and Bahasa Melayu versions of the Privacy Policy, the English version of the Privacy Policy shall prevail.
18. Disclaimer
18.1 We shall not be liable for any voluntary disclosure of personal data by you to other users in connection with the use of our Platforms, as the case may be.
