Personal Data Protection Notice

1. Who we are

Herry Razak Realty is a licensed real estate agency operating in Kedah, Malaysia. We act as an agency representing buyers, sellers and landlords, and we market properties on behalf of developers. We are the data controller responsible for the personal data described in this notice.

We are not a property developer. We are not the vendor under any sale and purchase agreement, we are not a party to any deed of mutual covenants, and we do not operate any joint management body or management corporation.

2. The personal data we collect

We collect personal data that you give us directly, including:

• your name, identity card or passport number, and contact details;
• your address and, where relevant to a transaction, your occupation and income details;
• your property requirements, budget and financing preferences;
• records of our correspondence with you, including messages and enquiry forms; and
• limited technical data collected when you use this website, described in section 7.

Where you give us personal data about another person, such as a spouse, co-purchaser or guarantor, you confirm that you are permitted to give it to us and that they have been made aware of this notice.

3. Why we use your personal data

We use your personal data for the following purposes:

• responding to your enquiries and providing real estate agency services to you, including arranging viewings and advising on properties;
• facilitating your purchase, sale or lease, including registering your interest and booking with the relevant developer, and liaising on the transaction between you, the developer, your financier and the solicitors;
• verifying your identity and carrying out customer due diligence, because licensed estate agencies are reporting institutions under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001;
• administering our accounts and records and meeting our tax and accounting obligations;
• complying with any legal or regulatory obligation that applies to us; and
• direct marketing, as described in section 8.

4. Who we share your personal data with

We disclose personal data only to the following categories of recipient, and only for the purposes stated in this notice:

• the property developer whose project you register an interest in or book a unit with;
• the bank or financier you choose to approach, in connection with your loan application;
• the solicitors acting on the transaction;
• co-broking real estate agents, where a transaction is jointly handled;
• our professional advisers and the service providers described in section 7, who act on our instructions; and
• government departments, regulators and law enforcement agencies, where we are required or permitted by law to disclose.

We do not sell your personal data, and we do not disclose it to any other person for that person’s own purposes.

5. Transfers outside Malaysia

We may disclose your personal data to the recipients described above, some of whom may store or process data outside Malaysia, for example where our email, website hosting or form-handling providers operate regional infrastructure. Where personal data is transferred outside Malaysia, we do so in accordance with the Personal Data Protection Act 2010, taking reasonable precautions to ensure the recipient protects it to a standard consistent with that Act, and only for the purposes stated in this notice.

6. Sensitive personal data

We do not ask for sensitive personal data, such as information about your health, your religious or other beliefs, or biometric data, and we ask that you do not send it to us. If a specific transaction ever requires it, we will ask for your explicit consent separately at that time.

7. This website

This website does not use analytics or advertising trackers, and we do not set tracking cookies of our own. Our website hosting provider keeps standard server logs, which may include your IP address, browser type and the pages you request, for security and to keep the site running.

Some pages on this site embed videos hosted by YouTube. When you open a page containing an embedded video, YouTube may set its own cookies and receive your IP address, under its own privacy policy and outside our control.

When you submit an enquiry form, your submission is delivered to us by a form-processing service provider acting on our instructions, and is used only to respond to your enquiry and as otherwise described in this notice.

If we add analytics or other tracking to this site in future, we will update this notice before we do so.

8. Direct marketing and how to stop it

With your consent, we may contact you about properties, launches and services that may interest you, by telephone, SMS, WhatsApp, email or post. You have the right under section 43 of the Act to require us to stop, or not to begin, processing your personal data for direct marketing. To exercise that right, write to us using the details in section 10, and we will stop.

9. How long we keep your personal data

We keep personal data only as long as needed for the purposes in this notice, and then securely delete or destroy it in line with our disposal schedule. Where the law sets a minimum period we keep records for that period: anti-money-laundering records for at least six years, and accounting and tax records for at least seven years, after the transaction or relationship ends. Enquiry data that does not lead to a transaction is deleted on a routine cycle.

10. Your rights, and how to contact us

Under the Personal Data Protection Act 2010 you have the right to:

• ask for access to the personal data we hold about you;
• ask us to correct personal data that is inaccurate, incomplete or out of date;
• withdraw your consent to our processing of your personal data;
• require us to stop processing your personal data for direct marketing; and
• limit our processing of your personal data where the Act allows.

Requests for access to or correction of your personal data, withdrawal of consent, and any inquiry or complaint about this notice should be made in writing to Herry Razak Realty by email to herryrazak@icloud.com, or by phone on +6019-669 0878, marked for the attention of the person responsible for personal data matters. We respond to access and correction requests within 21 days as required by law. A prescribed fee may apply to access requests. Withdrawal of consent takes effect without delay once we receive your written notice.

Withdrawing your consent, or asking us to limit or delete your personal data, may mean we can no longer provide some or all of our services to you. Where that is the case we will tell you before acting on your request.

11. How this notice is given

This notice is published on this website and is provided or referenced whenever we collect personal data from you, including on our enquiry and registration forms. By submitting a form on this site you confirm you have read this notice.

12. Changes to this notice

We may update this notice from time to time. The date at the top of this page shows when it was last updated, and the current version is always the one published here.

13. Governing language

This notice is provided in English and Bahasa Malaysia. If there is any inconsistency or discrepancy between the Bahasa Malaysia version and the English version, the English version prevails. Baca notis ini dalam Bahasa Malaysia.