Privacy Policy

Privacy Policy - Updated 31/5/2021

1. Introduction to this Privacy Policy

1.1. This Privacy Policy governs the use of the services (“Services“) provided by [Instahome Sdn Bhd] (Company No: 1380100H of 47-7, THE BOULEVARD, MID VALLEY CITY, LINGKARAN SYED PUTRA, 59200 KUALA LUMPUR W.P. KUALA LUMPUR MALAYSIA (collectively referred as “We” or “Our” or “Us” or “Instahome”). At Instahome, we take your privacy seriously. We are committed to complying with all data protection/privacy laws which are applicable to us.

1.2. In the course of providing you with the [Services] or access to instahome.com and/or the Instahome mobile app (the "Platform"), we will be collecting, using, disclosing and/or processing data, including your personal data.

1.3. This Privacy Policy exists to keep you in the know about how we collect, use, disclose and/or process the data we collect and receive during the course of providing the Services or access to the Platform to you, our customer. We will only collect, use, disclose and/or process your personal data in accordance with this Privacy Policy.

1.4. It is important that you read this Privacy Policy together with any other applicable notices we may provide on specific occasions when we are collecting, using, disclosing and/or processing personal data about you, so that you are fully aware of how and why we are using your personal data.

1.5. BY CLICKING OR CHECKING “SIGN UP”, “I AGREE TO INSTAHOME'S PRIVACY POLICY” OR SIMILAR STATEMENTS AVAILABLE AT THE INSTAHOME REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DICLOSURE AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.

1.6. We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you, whereupon your continued use of the Services, access to the Platform or use of the Services, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy, as notified to you. Please check back frequently to see any updates or changes to this Privacy Policy.

1.7. This Privacy Policy applies in conjunction with other notices, contractual clauses and consent clauses that apply in relation to the collection, use, disclosure and/or processing of your personal data by us, and is not intended to override them unless we state expressly otherwise.

1.8. You can visit the Platform and browse without having to provide personal details. However, you will be required to sign up for an account if you wish to use the Services.

1.9. If you have any comments, suggestions or complaints in relation to your personal data, please reach out to us via support@instahome.com

2. The Personal Data We Collect From You

2.1. Personal Data means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holdingthe information, or when put together with other information would directly and certainly identify an individual.

2.2. During the course of your use of the Platform and the provision of the Services, we may collect personal data from you, which includes but is not limited to:

a. Identity data, such as your name, NRIC or passport details, address, occupation, nationality, gender, profile picture, and date of birth;

b. Credit data: such as data from CTOS and CCRIS;

c. Contact data, such as email address and phone numbers;

d. Transaction data, such as details about payments to and from you, and other details of Services you have purchased from us;

e. Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform;

f. Profile data, such as your username and password, transactions made by you, your interests, preferences, feedback and survey responses;

g. Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform;

h. Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;

i. Biometric data, such as facial images when you upload photos or images of yourself to the Platform; and

j. Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.

k. Geolocation data, such as location as determined through data such as your IP address or mobile device’s GPS

2.3. During the course of your use of the Platform and the provision of the Services, we may receive personal data from you in the following situations:

(a) When you create an account with us;

(b) When you apply for any of the Services available on the Platform;

(c) When you use any of the features or functions available on the Platform or Services, including the

recording of any user-generated content to be uploaded on the Platform;

(d) When you subscribe to our publications or marketing collaterals;

(e) When you enter a competition, promotion or survey;

(f) When you participate in any activity or campaign on the Platform;

(g) When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as a social media platform, if any;

(h) When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;

(i) When a third party lodges a complaint against you or the content you have posted on the Platform;

(j) When you access or use mobile games on the Platform; and

(k) When you interact with us offline, including when you interact with our outsourced customer service agents.

2.4. During the course of your use of the Platform and the provision of the Services, we may also receive your personal data from third parties for the purposes set out in this Privacy Policy or any other terms.

2.5. You must only submit personal data which is accurate and not misleading, and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes.

2.6. We will only be able to collect your personal data if you voluntarily submit the personal data to us or as otherwise provided for under this Privacy Policy. Unfortunately, if you choose not to submit your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with the Services or access to the Platform.

2.7. You may access and update your personal information submitted to us at any time as described below.

2.8. If you provide personal data of any third party to us, you represent and warrant that you have obtained the necessary consent from that third party to share and transfer his/her personal data to us, and for us to collect, use and disclose that data in accordance with this Privacy Policy.

2.9. If you sign up to be a user on our Platform using your social media account or link your Instahome account to your social media account or use certain other Instahome social media features, we may access personal data about you which you have voluntarily provided to your social media provider in accordance with the provider's policies and we will manage your personal data in accordance with this

Privacy Policy.

3. Use and Disclosure of Personal Data

3.1 You agree that Instahome may share, retrieve, process and manage all information, including but not limited to the user's default in paying Rent on time, early termination of the Tenancy,  abandonment of the Property during the Term by the Tenant, eviction of the user, unpaid utility bills, damages or losses caused to the Property, to the Landlord and/or Instahome, user's unwillingness to honor a legally binding deposit refund, user's unwillingness to perform a contracted obligation, and any other information related to the Tenancy Agreement signed on the Platform and usage of the Platform, with:

a. other users when you enter into a transaction;

b. our subsidiaries and licensees and our parent and other affiliated companies for the purpose of developing or marketing new products, services or portals that are developed by our related companies and informing you of such new products, services or portals;

c. service providers under contract who help with our business operations, such as merchants, partners, payment processing platform, fraud investigation agencies, bill collection agencies, debt collection agencies, credit reporting agencies, private investigators, immigration department or embassies for the purpose of ascertaining eligibility in renting the Property and any rental transactional history, legal advisors, accountants and auditors;

d. third parties (including those overseas) who provide data processing services; and

e. any person, who is under a duty of confidentiality to which has undertaken to keep such data confidential, which we have engaged to fulfill our obligations to you.

3.2. The personal data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (as mentioned in section 3.1), for certain purposes, which include but are not limited to the following:

a. To facilitate your use of the Services or access to the Platform;

b. To assess the eligibility in renting a property;

c. To compare information, and verify with third parties in order to ensure that the information is accurate;

d. To administer your account (if any) with us;

e. To verify and carry out financial transactions in relation to payments you make online;

f. To audit the downloading of data from the Platform;

g. To improve the layout or content of the pages of the Platform and customise them for users;

h. To identify visitors on the Platform;

i. To carry out research on our users’ demographics and behaviour;

j. To provide you with information we think you may find useful or which you have requested from us, including information about our or third party sellers’ products and services, provided you have indicated that you have not objected to being contacted for these purposes;

k. To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to broadcast on our Platform, as part of our advertising and marketing campaigns to promote the Platform;

l. To process any complaints, suspicious transactions, feedback, enforcement action and take-down requests;

m. To enforce any Terms of Use between us;

n. To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;

o. We may also use your personal information to send you marketing or promotional materials about our or third-party sellers’ products and services from time to time, unless you choose to opt-out from receiving these materials; and

p. We may also conduct automated-decision making processes in accordance with any of these purposes.

3.3. For the avoidance of doubt, you acknowledge and consent to Instahome sharing anonymised information such as but not limited to in the following circumstances:

a. Aggregated information. We may conduct joint data analytics projects with selected third-party providers using anonymised information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user’s activities outside the Platform

b. Location and/or behavioural-based data. We may collaborate with selected third parties using anonymised information to derive certain models that would facilitate more accurate advertising to selected users.

3.4. You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.

3.5. In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to enforce any agreements between users, prevent a threat to life or health, or for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.

3.6. We may share and permit the sharing of your personal data with third parties and our affiliates for any of the above mentioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the above mentioned purposes.

3.7 If we are merged or acquired by another entity, personal information may be transferred to such entity as a part of the merger or acquisition.

4. Withdrawal of Consent to Continued Use, Disclosure and/or Processing of Personal Data

4.1. You may communicate the withdrawal of your consent to the continued use, disclosure and/or processing of your personal data including personal data relating to others who may be identified from that personal data for any of the purposes and in the manner as stated above at any time, by contacting our Data Protection Officer through support@instahome.com

4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure or processing of your personal data for the purposes and in the manner as stated above, we may not be in a position to continue to provide the Services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.

5. Updating Your Personal Data

5.1. It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.

5.2. You can update your personal data anytime by accessing your account on the Platform. If you are unable to update your personal data through your account, you can do so by email via support@instahome.com

5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.

6. Accessing Your Personal Data

6.1. If you would like to request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed or processed by us within the past year, please contact us through support@instahome.com. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.

6.2. We reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.

6.3. We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within twenty-one (21) days from the date of your request, we will inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).

7. Security of Your Personal Data

7.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:

(a) Restricting access to personal data to individuals who require access; and

(b) Maintaining technology products to prevent unauthorised computer access.

7.2. If you believe that your privacy has been breached by Instahome, please contact us through support@instahome.com

7.3. You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

7.4. Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your Instahome password to anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your personal data and other data submitted to Instahome. You could also be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately contact us and change your password. You are reminded to log out of your account and close the browser when you are finished with using a shared computer.

8. Retention of Personal Data

8.1. We will only retain your personal data for as long as we are either required to by law or as is relevant for the purposes for which it was collected.

8.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.

9. Collection of Computer Data

9.1. We or our authorised service providers may use cookies, web beacons, and other similar technologies for storing data to help provide you with a better, faster, safer and personalised experience when you use the Services or access the Platform.

9.2. When you visit the Platform through your computer, mobile device, or any other device with internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website. This data may include:

(a) Your computer or device's IP address;

(b) Browser type;

(c) Webpage you were visiting before you came to the Platform;

(d) The pages within the Platform which you visit; and

(e) The time spent on those pages, items and data searched for on the Platform, access times and dates, and other statistics.

9.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide.

9.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalise the content to match your preferred interests more quickly, and to make the Services and the Platform more convenient and useful to you.

9.5. You may be able to manage and delete cookies through your browser or device settings. For more information on how to do so, visit the help material of your browser or device.

9.6. Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.

10. Children and Minors Under 18 Years of Age

10.1 Instahome's Services are not designed to be used by persons under 18 years of age. If you are under the age of 18, you are NOT permitted to use this Website. If we learn or believe we have collected or received personal data from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@instahome.com

11. Instahome's Right to Disclose Personal Data

11.1. YOU ACKNOWLEDGE AND AGREE THAT INSTAHOME HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT OWNERS, IF INSTAHOME HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR PERSONAL DATA IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS, REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST INSTAHOME FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.

12. Third Party Sites

12.1. The Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.