TERMS OF SERVICE

These Terms of Service apply to any Order Form for ERP 213 software or services that is agreed or renewed on or after 01 Jan 2026.

“You” and “your” means the Client detailed in the Order Form. “We”, “us” and “our” means Property 213 Sdn Bhd. Your use of ERP 213 platform (ERP 213) Services, as defined below, is conditional upon your acceptance of these Terms of Service (Terms) and ERP 213 Privacy Policy at here. Your continued use of the Services after any changes to the Terms (see further clause 5 below) shall constitute your agreement to be bound by such changes.

1. Defined Terms

In this Agreement:

  • “Add-on" means an additional module, service, feature or functionality that is offered by us for purchase separately from the core ERP 213 Services and which is used in conjunction with the core ERP 213 Services.
  • “Agreement” means the agreement constituted by these Terms and an Order Form.
  • “Auto-Renewal” means an automatic renewal of the Subscription Term in accordance with clause 3 below.
  • “Client Data” has the meaning given to that term in clause 17 below.
  • “Fees” means the Subscription Fee and any other fees and charges specified in an Order Form.
  • “Interfacing Third Party” means any third-party entity that provides Interfacing Services.
  • “Interfacing Services” means products or services that are delivered in or through, or that interface or are integrated with the Services.
  • “Monthly Subscription” means a month-to-month Subscription as further described in clause 2 below.
  • “Nominated Contact” means your nominated contact person that will receive Operational Emails and other important service announcements.
  • “Operational Email” has the meaning given in clause 27 below.
  • “Order Form” means the document or electronic or web form used by us from time to time and submitted or agreed by you, and that sets out details about you, the Services you have ordered, the Fees and other relevant matters.
  • “Renewal Form” means the document or electronic or web form used by us from time to time and submitted or agreed by you as part of a renewal of your Subscription.
  • “Services” means any software, application, document or service provided by us (including Add-ons), but does not include Third Party Services.
  • “Subscription” means your right to access and use the Services in accordance with this Agreement during the Subscription Term.
  • “Subscription Fees” means the Fees for your Subscription specified in your Order Form or, in the case of Auto-Renewal, notified in accordance with clause 3.
  • “Subscription Term” means the term of your Subscription, which is as specified in your Order Form or determined in accordance with clause 2, and includes any Auto-Renewal term in accordance with clause 3.
  • “Third Party Service” means any products or services of a third party (including Interfacing Services).
  • “Users” means your officers, employees, contractors and agents over which you retain management and control and that are authorised by you to use any of the Services.

2. Subscription Term

2.1 We may offer Services as either a fixed Subscription Term or as a Monthly Subscription.

2.2 When you purchase a fixed Subscription Term, your Subscription:

  • (a) commences on the Start Date specified in your Order Form (or if no date is specified, the date your Order Form is accepted by us); and
  • (b) unless renewed in accordance with clause 3 below or terminated in accordance with this Agreement, ends on the End Date specified in your Order Form.

2.3 You acknowledge and agree that:

  • (a) the Subscription Fees are fixed fee for the entire Subscription Term, and is not refundable or avoidable due to ‘change of mind’ (including where you choose to reduce or cease your use of the Service during the agreed Subscription Term);
  • (b) if we have agreed that you may pay the Subscription Fees in periodic instalments then each instalment is a partial payment of the Subscription Fees, and is not a severable payment for the use of the Service for the instalment period; and
  • (c) neither us nor you have the right to terminate this Agreement or cancel the Services during your agreed Subscription Term, except in accordance with clause 3 and clause 15 below.

2.4 A Monthly Subscription commences on the date specified in your Order Form (or if no date is specified, the date your Order Form is accepted by us) and continues until notification by either party that it wishes to end the Subscription Term, in which case the Subscription Term will end one month after the date of the notice.

3. Auto Renewal of Subscription Term

3.1 We recognise that ongoing access to the Services may be important to the operation of your business. If, on the End Date of your Subscription Term, neither party has notified the other that it does not wish to renew the Subscription, your Subscription will automatically renew as a 12-month subscription at ERP 213's then standard pricing (as notified to you by us). You acknowledge and agree that your Subscription Fees may increase as a result of that renewal.

3.2 In the event you have increased or decreased the Users, the Users count for your new Subscription Term will be the number of Users as of your renewal date (and the Subscription Fees will be adjusted accordingly).

3.3 If your Subscription has automatically renewed in accordance with this clause, then at any time during the first three months of the renewal term, either party may terminate the Subscription on 30 days' notice to the other party. After that three-month period, your Subscription Term may only be terminated in accordance with clause 15.

4. Trial Period (If applicable)

4.1 We may offer you a free trial period during which you may use the Services (or a part of them) without paying any Subscription Fees.

4.2 The terms of this Agreement apply to your use of the Services during the trial period, other than the terms of this Agreement relating to the payment of Fees.

4.3 On expiry of the trial period, you must cease all use of the Services unless and until you have entered into an Order Form for a paid Subscription for the Services.

5. Changes to this Agreement or the Services

5.1 You acknowledge and agree that:

  • (a) We deliver the Services using a ‘one to many’ Software as a Service model that is generally not tailored to any specific customer’s requirements;
  • (b) We are required to continually update and change the software and related service offering in order to maintain currency with industry standards and third-party IT systems, and otherwise meet the business and other requirements; and
  • (c) the Fees for the Services have been determined and agreed on the basis that we will have the flexibility to change the Services and these Terms as set out in this Agreement, including as set out in this clause 5 and clause 6 below.

5.2 We may from time to time update, change or amend these Terms and/or the Services (Service Change), including during a current Subscription Term. However, we will not make a Service Change that requires you to pay any additional Fees, or deprives you of a substantial or material benefit of the Services or these Terms.

5.3 We will notify you of a Service Change by email sent to your Nominated Contact, and the updated Terms will be located at www.property213.com. The Service Change will take effect 30 days after the date the email is sent to you or at such later time specified by us.

6. Grant of Licence

6.1 You are granted a revocable (except in accordance with this Agreement), non-exclusive, limited, non-sublicensable and non-transferable licence to use and access the Services (subject to payment of the Fees) during your Subscription Term (and any free trial period if applicable).

6.2 The licence is personal to you and permits you (and your Users) to use the Services, but only for your internal business purposes.

6.3 You may access and use the Subscription up to the number of Users specified in your Order Form.

6.4 You are responsible for all acts or omissions of your Users as though they were your acts or omissions.

6.5 You agree that we own all right, title and interest, including all intellectual property rights, in the Services and in all related collateral and materials, including domain names, company and business names, trademarks, logos, and goodwill.

7. Usage Restrictions

7.1 You agree not to:

  • (a) modify, decompile, reverse-engineer, reproduce, duplicate, copy, sell, resell, adapt, or exploit the Services;
  • (b) use (or permit or enable any person to use) the Services:
    • (i) for any unlawful, offensive, threatening, defamatory, pornographic, obscene, or other purpose violating anyone’s rights;
    • (ii) in a manner which infringes the intellectual property rights of any person;
    • (iii) to send, store, or upload any “spam” or any malicious or harmful code or virus of malicious or destructive nature; or
    • (iv) permit any third party to use or access the Services or to permit your Users to use the Services for the benefit of any third party.

7.2 Each User of the Services requires a unique user ID and password.

7.3 Any additional User must have their own unique user ID and password. You must not, and must ensure each of your Users do not, share a user ID with another person.

7.4 You are responsible for:

  • (a) any of your Users' access, actions, use, or data uploaded to the Service using a user ID or link allocated to you or any of your Users;
  • (b) protecting the confidentiality of usernames and passwords to the Service, as well as maintaining the accuracy of the personal information provided by you on ERP 213; and
  • (c) maintaining or implementing procedures and policies to prevent any unauthorised access or use of usernames and passwords and must notify us if a username or password has been lost, stolen, or compromised.

7.5 You must immediately notify us of any unauthorised access to or use of the Services.

8. Changes to Users

8.1 If you add new Users during your Subscription Term, the Subscription Fees will be increased accordingly. The increase will be calculated using the ‘per User rate’ specified in your most recent Order Form. Additional Users will be contracted through the end of your then current Subscription Term.

8.2 If you pay Subscription Fees monthly, the additional Subscription Fees will apply at your next monthly payment date and for the remainder of your Subscription Term. Otherwise for fixed Subscription Term, we will invoice you separately for the additional Subscription Fees applicable for the remainder of your Subscription Term. Those additional Subscription Fees are payable immediately and in full, unless we agree that they may be paid in monthly instalments.

8.3 The number of Users cannot be decreased below the number listed in your Order Form during your Subscription Term. You are responsible for paying for all Users listed in your Order Form for the entire Subscription Term, whether the Users are active or not.

9. Add-ons

9.1 We may from time to time make Add-ons available for purchase. If You purchase an Add-on, then:

  • (a) you must pay the applicable Fees for that Add-on; and
  • (b) you will be permitted to access and use the Add-on for your Subscription Term.

9.2 We will invoice you separately for the additional Fees for the Add-on applicable for the remainder of your Subscription Term.

10. Support & Maintenance

10.1 We will provide support during the Subscription Term. The support offering may change from time to time in accordance with clause 5 of these Terms.

10.2 Our support will be unavailable at times for routine maintenance, and unless notified otherwise, will be unavailable outside our standard support hours.

11. Fees

11.1 You must pay:

  • (a) the Subscription Fees specified in your Order Form, according to the Payment Terms stated in your Order Form (or in the case of an Auto-Renewal, the Subscription Fees that applies in accordance with clause 3 above); and
  • (b) any on-boarding fees, training services fees, or other Fees specified in your Order Form at the times specified in your Order Form.

11.2 We will not increase the Fees during your current Subscription Term, except where:

  • (a) We exercise our right in clause 3 above following an Auto-Renewal;
  • (b) you add Users in accordance with clause 8 above;
  • (c) you purchase an Add-on in accordance with clause 9 above; or
  • (d) you are on a Monthly Subscription, in which case we may increase the Fees at any time on 60 days' notice in writing to you.

12. Payment method

12.1 You agree to provide us with a valid credit card or other payment method acceptable to us for payment of the Fees. By providing us your payment information, you expressly authorise us to charge you for all Fees incurred in connection with your Subscription, including for an Auto-Renewal.

12.2 You agree to update billing and account information within 5 business days of any change to applicable payment information. If you update your payment information, we will charge the latest account provided by you and you represent that you have the legal right to use any payment account that you provide to us. If you believe that charges to your account are incorrect, you must notify us in writing as soon as possible to request a credit or adjustment.

13. Taxes & SST

13.1 You shall be responsible for any and all taxes or any charges imposed by government entities (other than taxes on our income).

13.2 Except where the Fees are expressly stated as being ‘SST inclusive’, all Fees are exclusive of any applicable SST.

14. Suspension

14.1 We reserve the right to suspend your access to the Services if:

  • (a) there is a breach of the usage restrictions in clause 7 above; or
  • (b) Your account with us becomes overdue following the process described below.

14.2 We will provide overdue payment and suspension notifications to the Nominated Contact. In the case of overdue payment, you will receive a warning message indicating impending account suspension on or after 30 days overdue. If any overdue Fees remain unpaid 30 days after receipt of the warning message, then we reserve the right to suspend your access to the Services until all overdue Fees have been paid.

14.3 We will lift any suspension once it is satisfied, acting reasonably, that the basis for the suspension has been remedied.

15. Termination

15.1 Either party (First Party) may terminate this Agreement if the other party is in material breach of this Agreement and such breach is not capable of being remedied, or is not remedied within 30 days of receipt of notice from the First Party requiring it to do so.

15.2 You agree that (without limitation) it will be a material breach if you use the Services in breach of any law or in a manner that causes us to be in breach of law; if you infringe our intellectual property rights; if your account is validly suspended in accordance with clause 15 and you have not remedied the basis of suspension after 30 days; or if through your wrongful act or omission you create a risk to the Services or any user of the Services.

15.3 Upon termination of your Subscription, you must immediately cease all use of the Services. You agree that upon the termination of your Subscription, we may immediately deactivate your Services and may delete your account and data after 30 days. We will grant you access to the Services for 30 days from the termination of your Subscription for the sole purpose of permitting you to retrieve your data.

15.4 In the event of termination of this Agreement, you agree to pay the balance due on your Subscription (if any) and you agree that we may charge such unpaid fees to your credit card, debit card, or bank account on file. You may not unilaterally revoke prior consent authorising us to charge the credit or debit card on file to avoid paying the balance due.

16. Cessation of use

16.1 If You no longer wish to use the Services, you should provide written notice to us at least 30 days prior to expiry of your Subscription Term. You will continue to have access to the Services until the end of your then current Subscription Term, and limited access for 30 days thereafter for the sole purpose of retrieving your data.

16.2 You must uninstall, delete, and erase any and all copies of the Services from all of your systems, and extract any of your data within 30 days of the end of the Subscription Term and take any and all steps necessary to ensure that neither you nor anyone through you (including your Users) continues to have or use any part of the Services, and if requested confirm in writing that this has been completed.

17. Client Data

17.1 In the course of providing the Services to you, we may process data that you (or any of your Users) upload or import to, or generate from, the Services including but not limited to documents, contacts, correspondence and other entries into the Services (Client Data). You retain ownership of all Client Data.

17.2 You acknowledge and agree that:

  • (a) we act as a data processor for the Client Data and you remain the data user (controller) of the Client Data. Our respective roles, obligations and details of processing are set out in Schedule A – Data Processing Agreement and Schedule B – Details of Processing.
  • (b) you are responsible for ensuring that you have all necessary rights and consents, including third party privacy consents, to enable you to provide the Client Data on ERP 213 (or allow us to collect Client Data on your behalf) and to permit us to:
    • (i) process, access and use the Client Data for the purpose of delivering the Services and otherwise in accordance with this Agreement and our Privacy Policy; and
    • (ii) provide the Client Data to Interfacing Third Parties in accordance with this clause and our Privacy Policy,
    (Client Consents).
  • (c) We may need to access and view Client Data to assist with your questions, technical support requests, training or other issues. We will only access Client Data which is reasonably necessary to address or complete your requests or issues, including in providing any support or maintenance for you.
  • (d) We may transfer or store data outside Malaysia subject to adequate protection measures.

17.3 We handle your Client Data as confidential and will use and disclose it only in accordance with the Personal Data Protection Act 2010 (PDPA) and the ERP 213 Privacy Policy.

17.4 We reserve the right to provide Client Data to third parties if required or compelled by law (including court order or subpoena) or a direction of a government authority, or where it is required or compelled to comply with a request of law enforcement authorities in an investigation of a criminal or civil matter. We will provide you notice of the legal process, to the extent allowed by law.

17.5 You acknowledge and agree that we may also de-identify and aggregate your Client Data with other data and use that de-identified and aggregated data for the purposes of research and marketing, benchmarking and industry insights, the improvement of our products and services, the development of new products and services, and any of our business purposes.

17.6 If you request services from any Interfacing Third Parties, then we may (and you authorise us to) provide your Client Data to those Interfacing Third Parties as required to enable those Interfacing Third Parties to supply those services to you.

18. Usage Data

18.1 Usage Data means data related to the use or operation of the Services, such as anonymous usage related data and technical data collected in connection with the use of the Services. It does not include any of your Client Data or your personal information. We reserve the right to collect, aggregate, monitor, and use Usage Data to improve the functionality, performance, and aid in further development of the Services.

18.2 Any feedback, comments, recommendations, feature requests, ideas and suggestions for improvements to the Services provided by you to us (Feedback) will be considered non-confidential and non-proprietary to you. All Feedback shall be exclusively owned by us.

19. Warranty and Liability

19.1 We warrant that:

  • (a) we will comply with laws applicable to it as a provider of software subscription services;
  • (b) we will use commercially reasonable efforts to keep the Services free of any viruses, malware, or other harmful code; and
  • (c) we have all rights (including intellectual property rights) to permit you to access and use the Services in accordance with this Agreement.

19.2 You acknowledge and agree that:

  • (a) we provide the Services to you subject only to the terms, conditions and warranties expressly contained within these Terms, and those imposed by law which cannot be excluded. All other terms, conditions and warranties, whether express, implied or imposed, are excluded;
  • (b) the Services have not been specifically designed or tailored for you, and that you are responsible for ensuring that the Services will meet your requirements and will achieve the results that you wish to achieve from use of the Services;
  • (c) we do not guarantee that the Services will always function without disruptions, delays or imperfections; and
  • (d) You are responsible for ensuring that you have the software, hardware and other systems or infrastructure required to access and use the Services.

19.3 To the fullest extent permitted by law, we shall not be liable for:

  • (a) damages for loss of business profits, loss of revenue, loss of goodwill, loss of business opportunity, loss of data, work stoppage, computer failure or malfunction; or
  • (b) indirect, incidental, consequential, special, exemplary, or punitive damages, whether under a theory of contract, warranty, tort (including negligence), or otherwise, even if the other party has been notified of possible damages; and
  • (c) in no event shall our total aggregate and cumulative liability for any and all claims of any kind arising as a result of or related to the Services provided, exceed the sum of the Fees actually paid by you for a one-year period immediately preceding the date the cause of action arose.

20. Indemnity

20.1 You agree to indemnify and hold us harmless from any claims, damages, losses, costs and expenses (including legal costs) we suffer or incur as a result of:

  • (a) your violation of these Terms;
  • (b) your misuse of the Services;
  • (c) any breach of data protection obligations relating to the Client Data you input into the Services; or
  • (d) your failure to obtain (and maintain) Client Consents.

21. Third Party Services

21.1 The Services may include links to or display content from third party websites, or integrations to third party platforms, that offer products and services (Third Party Links). Third Party Links are provided solely as a convenience for you. We attempt to select and provide Third Party Links that we believe may be of use to you, but we do not warrant, endorse, or accept any liability for any Third Party Links or any products and services offered through them.

21.2 You acknowledge and agree that the Interfacing Services are supplied to You pursuant to an agreement between you and the relevant third party and not by us. We do not warrant, endorse, or accept any liability for any Interfacing Services.

21.3 You acknowledge and agree that:

  • (a) the Third Party Links and Interfacing Services are offered by third parties that may include our related bodies corporate;
  • (b) we may receive financial or other benefits, including commissions, as a result of:
    • (i) making Third Party Links available through the Services, or your purchase of products and services through Third Party Links; or
    • (ii) Your purchase of Interfacing Services;
  • (c) we may remove or cancel a Third Party Link, or add a new Third Party Link, at any time;
  • (d) an Interfacing Service Provider may terminate, withdraw or cancel an Interfacing Service in accordance with the terms of its agreement with you; and
  • (e) we are not responsible for the content or information contained in any Third Party Links, or any products or services purchased using the Third Party Links, and make no representations or warranties regarding the Third Party Links to you.

22. Privacy

22.1 We may collect personal information in connection with the Services. That personal information will be treated in accordance with the ERP 213 Privacy Policy, which is available at here.

23. Force Majeure

23.1 Neither party shall be responsible for any interruption, delay, or other failure to perform an obligation under this Agreement (other than an obligation to pay the Fees or other money) that is caused by a Force Majeure Event. Force Majeure Event shall mean Acts of God, natural disasters (e.g. lightning, earthquakes, storms, floods), wars, riots, explosions, terrorism, vandalism, civil unrest, governmental acts, pandemics (whether declared or undeclared, and including restrictions imposed as a result of a pandemic), injunctions, failures of telecommunication providers or internet service providers; failure of third party suppliers, service providers, or vendors; and any other cause beyond the reasonable control of a party.

24. Severability

24.1 If any provision of this Agreement is held to be invalid or unenforceable, the provision shall be modified and interpreted so as best to accomplish the objective of the original provision as permitted by law, and the remaining provisions shall remain in full force and effect.

25. Governing Law and Jurisdiction

25.1 This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed under the laws of Malaysia and the parties submit to the exclusive jurisdiction of the courts of Malaysia.

26. No Relationship

26.1 Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment, franchise, or other relationship between you and us. Neither party to this Agreement have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party.

27. Notices

27.1 You agree that we may provide you any and all notices, statements, and other communications to you through email, regular post, or by a recognised commercial carrier addressed to the address listed in your Order Form. You are responsible for providing us with any changes or updates to your contact information.

27.2 We will email your nominated address for important service announcements, including any Service Changes (as described in clause 5 above) (Operational Emails). Operational Emails are not for marketing purposes and cannot be opted out of.

27.3 All notices to us shall be made via email to admin@idesion.com, or such other address notified by us from time to time.

Schedule A – Data Processing Agreement

This Data Processing Agreement (DPA) is incorporated into and forms part of the ERP 213 Terms of Service and reflects the Parties’ agreement with regard to the processing of Client Data.

In this DPA, “Processor”, “we”, “our”, or “us” means Property 213 Sdn Bhd; and “Controller”, “you”, or “your” means the Client detailed in the Order Form, (collectively, “Parties”).

1. Purpose and Scope

1.1 This DPA governs the processing of Client Data by the Processor on behalf of the Controller in connection with the Controller’s use of the Processor’s Services.

1.2 The Parties acknowledge that for the purposes of the Personal Data Protection Act 2010 (PDPA):

  • (a) The Controller is the “data user”, determining the purposes and means of processing; and
  • (b) The Processor is the “data processor”, processing Client Data on behalf of the Controller.

1.3 This DPA applies only to the extent the Processor processes Client Data on behalf of the Controller.

1.4 The subject matter, nature, purpose, and duration of the Processing of Client Data, as well as the types of Personal Data collected and categories of Data Subjects, are described in Schedule B – Details of Processing.

2. Definitions

2.1 Unless otherwise defined herein, terms used in this DPA have the same meanings as under the ERP 213 Term of Service and “data subject”, “Personal Data”, “processing” and “sub-processor” have the same meanings as under the PDPA.

3. Processor Obligations

The Processor shall:

3.1 process Client Data only on documented instructions from the Controller, including with respect to transfer to a third party or organisation;

3.2 ensure confidentiality by allowing access only to authorised personnel bound by confidentiality obligations;

3.3 Implement appropriate technical and organisational measures to safeguard Client Data against loss, misuse, unauthorised access, disclosure, alteration, or destruction, consistent with the Security Principle of the PDPA;

3.4 assist the Controller, where reasonably possible, in responding to access, correction, or deletion requests by data subject;

3.5 notify the Controller promptly of any breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of, or access to, Client Data that may affect the Controller’s Client Data (Data Breach), including sufficient details to enable the Controller to comply with its legal obligations;

3.6 maintain records of all Processing activities carried out on behalf of the Controller, as required under the PDPA; and

3.7 Return or securely delete Personal Data upon termination of the Services or at the written request of the Controller, unless retention is required by law.

4. Controller Obligations

The Controller agrees to:

4.1 ensure that Personal Data provided to the Processor has been collected and disclosed in compliance with the PDPA, including obtaining all necessary Client Consents (as defined in clause 17.2 of the Terms) from data subject;

4.2 ensure the accuracy, quality, and legality of Client Data and the means by which Controller acquired the Client Data.

4.3 ensure that its instructions to the Processor comply with the PDPA; and

4.4 not upload or transmit any Personal Data through the Services that violates any law or infringes the rights of any person.

5. Sub-Processors

5.1 The Processor may engage sub-processors (e.g. hosting, cloud storage, or payment service providers) to support the Services.

5.2 The Processor shall ensure all sub-processors are contractually bound to:

  • (a) process Personal Data only for the purposes of providing the contracted services; and
  • (b) implement adequate data protection measures consistent with this DPA.

5.3 The Processor shall remain responsible for any acts or omissions of sub-processors in relation to Personal Data.

6. Cross-Border Data Transfers

6.1 Personal Data may be transferred or accessed outside Malaysia (e.g., where the Processor’s servers or sub-processors are located overseas).

6.2 The Processor shall ensure that any such transfer complies with the PDPA by ensuring that:

  • (a) the destination country provides a level of protection comparable to Malaysia’s PDPA; or
  • (b) appropriate contractual or organisational safeguards are implemented to protect Personal Data.

7. Data Breach Notification

7.1 In the event of a confirmed or suspected Data Breach affecting the Controller’s Client Data, the Processor shall:

  • (a) notify the Controller without undue delay;
  • (b) provide relevant details of the breach, including nature, scope, and remedial actions taken; and
  • (c) cooperate fully in any investigation or mitigation effort.

8. Audit Rights

8.1 Upon reasonable written notice, the Controller may request information necessary to demonstrate the Processor’s compliance with this DPA. The Controller may conduct an audit (or appoint an independent auditor) once per year, provided such audit:

  • (a) is conducted during normal business hours; and
  • (b) does not unreasonably disrupt the Processor’s operations.

9. Duration and Termination

9.1 This DPA remains in effect for as long as the Processor processes Client Data on behalf of the Controller.

9.2 Upon termination of the Agreement (as defined in the ERP 213 Terms of Service) or at the Controller’s request, the Processor shall:

  • (a) return all Client Data to the Controller; or
  • (b) permanently delete such data, unless retention is required by law.

9.3 Clauses relating to confidentiality, liability, and data protection shall survive termination.

10. Limitation of Liability

10.1 The Processor’s liability under this DPA shall be subject to the same limitations and exclusions as set forth in the ERP 213 Terms of Services, except where prohibited by applicable law.

11. Governing Law and Jurisdiction

11.1 This DPA is governed by and construed in accordance with the laws of Malaysia, and any disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Schedule B – Details of Processing

This Details of Processing is incorporated into and forms part of the ERP 213 Terms of Service and reflects the Parties’ agreement with regard to the processing of Client Data.

In this Schedule, “Processor”, “we”, “our”, or “us” means Property 213 Sdn Bhd; and “Controller”, “you”, or “your” means the Client detailed in the Order Form, (collectively, “Parties”).

1. Subject Matter and Nature of Processing

1.1 The Processor provides and operates a real estate agency practice management software that enables the Controller to manage client relationships, property listings, transactions, and compliance documentation.

1.2 Processing activities include:

  • (a) Collecting, storing, and organising client and transaction data;
  • (b) Generating and managing contracts, offers, and property records;
  • (c) Enabling communication and scheduling between agents and clients;
  • (d) Providing reporting, analytics, and billing functionality;
  • (e) Backing up and maintaining system integrity and security.

2. Duration of Processing

2.1 The Processor will process Client Data for the duration of:

  • (a) the Controller’s active subscription to the Services; and
  • (b) any applicable retention period required to comply with legal or contractual obligations, after which data will be securely deleted or anonymised.

3. Types of Client Data Processed

3.1 Depending on the Controller’s use of the Services, the following categories of data may be processed:

Category Examples
Client Data Name, NRIC/passport number, address, email, phone number, financial or loan details, proof of identity, property ownership information.
Property Data Property address, title details, valuation, lease terms, transaction records, photographs, documentation.
Agency Staff Data Names, job titles, business contact information, login credentials, performance data.
Transaction Data Offer amounts, contract terms, completion dates, commission amounts, payment status.
Technical Data Login timestamps, device information, IP address, audit logs, usage data.

The Controller may also input additional Client Data relevant to its business operations.

4. Categories of Data Subjects

4.1 The categories of data subjects are:

  • (a) Clients and potential clients of the real estate agency;
  • (b) Property owners, landlords, tenants, and buyers;
  • (c) Agency employees and representatives;
  • (d) Third-party service providers or contractors involved in property transactions.

5. Purpose of Processing

5.1 Client Data is processed solely for the following purposes:

  • (a) To operate and provide the Services and its features;
  • (b) To maintain records of property transactions and client relationships;
  • (c) To facilitate communications between agency staff and clients;
  • (d) To ensure compliance with real estate laws and regulatory requirements;
  • (e) To manage billing, subscriptions, and customer support;
  • (f) To monitor and improve system performance and user experience;
  • (g) To comply with lawful requests or obligations under Malaysian law.

6. Sub-Processors

6.1 The Processor may use trusted third-party service providers to perform certain functions necessary to deliver the Services, including:

Service Type Example Sub-Processor Function Data Location
Cloud hosting AWS / Microsoft Azure / Google Cloud Data storage and hosting Singapore
Email delivery SendGrid / AWS SES Notification and email services Global
Payment gateway Fiuu / FPX Subscription and payment processing Malaysia
Analytics Google Analytics / Mixpanel System usage analysis Global

The Processor will maintain an up-to-date list of active sub-processors upon request.

7. Data Retention and Deletion

7.1 Client Data will be retained only as long as necessary to fulfil the purposes stated above or as required by law.

7.2 Upon termination of the Controller’s account, the Processor will:

  • (a) provide the Controller with a data export upon written request; and
  • (b) permanently delete or anonymise Personal Data within 30–90 days, unless legal retention obligations apply.

8. Security Measures

8.1 The Processor employs industry-standard security measures appropriate to the nature of the Client Data processed, including:

  • (a) Encryption of data in transit and at rest;
  • (b) Secure access controls and authentication;
  • (c) Regular system monitoring and vulnerability testing;
  • (d) Backup and disaster recovery mechanisms;
  • (e) Role-based access permissions for authorised personnel only.