Privacy, Terms & Compliance

BACKSPACE-LAP respects your privacy. This policy explains what personal data we collect, why we collect it, how we use it, and what rights you have over it. It is aligned with the Malaysian Personal Data Protection Act 2010 (PDPA) and, where applicable, with the EU General Data Protection Regulation (GDPR) for European data subjects.

1.1  What Data We Collect

We collect only the data we genuinely need to provide our broking services:

• Contact Information: Your name, company name, business email, business phone number, and country of operation — provided when you submit an inquiry or engage our services.
• Commercial Details: Product specifications, quantities, destination ports, payment terms, intended Incoterms (Incoterms 2020), preferred laycan periods, and similar trade information.
• Company Verification Data: Business registration documents, trade licences, and bank reference information for Know-Your-Customer (KYC) and anti-money-laundering (AML) compliance.
• Transaction Records: Contract numbers, Bill of Lading references, Letter of Credit details, and payment confirmations — retained for legal, accounting, and audit purposes.
• Website Usage Data: Standard browsing data such as IP address, browser type, pages viewed, time spent, and referring URL.

1.2  How We Use Your Data

• To respond to your inquiries and provide quotations.
• To match your sourcing requirements with appropriate suppliers in our network.
• To prepare and circulate trade documentation — draft contracts, Shipping Instructions, Letter of Credit drafts.
• To coordinate vessel nominations, surveyor appointments, and Bill of Lading issuance.
• To meet our legal obligations under Malaysian law — PDPA, AML, sanctions compliance, and tax requirements.
• To improve our website and services through aggregated analytics.
• To send operational updates relating to active trades you are engaged in.

We will never use your data for direct marketing without your explicit consent. We will never sell your data to third parties under any circumstances.

1.3  Who We Share Your Data With

• Counterparty Suppliers: Commercial details required to issue a Sales Contract or Purchase Order.
• Banks and Financial Institutions: For Letter of Credit advising, Cash Against Documents (CAD) presentation, and payment processing governed by UCP 600.
• FOSFA-Member Surveyors: Independent quality and quantity surveyors for cargo inspection at load and discharge ports.
• Vessel Owners, Charterers, and Agents: For vessel nomination, laycan coordination, and Bill of Lading issuance.
• Government Authorities: Where legally required — customs declarations, MPOB reporting, sanctions screening, or court orders.
• Professional Advisors: Lawyers, accountants, and auditors bound by professional confidentiality obligations.

1.4  International Data Transfers

Because we facilitate international trade, your data may be transferred to recipients outside Malaysia — typically where your counterparty supplier, buyer, bank, vessel, or destination port is located. We take reasonable steps to ensure equivalent data protection through contractual safeguards where required by PDPA or GDPR.

1.5  Data Retention

1.6  Your Rights

Under PDPA, and under GDPR where applicable, you have the right to: access your personal data; correct inaccurate data; withdraw consent; object to certain processing; request erasure (subject to legal retention requirements); and request data portability. To exercise any of these rights, email contact@backspacelap.com. We will respond within 21 days as required under PDPA.

1.7  Data Security

We protect your personal data with encrypted email for sensitive trade documents, restricted internal system access, regular backups, and confidentiality obligations binding all staff. No system is 100% secure. Notify us immediately if you suspect unauthorised access.

1.8  Children's Privacy

Our website and services are intended exclusively for business users. We do not knowingly collect personal data from individuals under the age of eighteen.

1.9  Updates to This Policy

We may update this Privacy Policy from time to time. The current version is always available on our website with the 'Last Updated' date at the top of this Legal Hub.

These Terms govern your use of the BACKSPACE-LAP website and our commodity broking services. They form a binding agreement between you and us. By using our website or engaging our services, you confirm that you have read, understood, and accepted these Terms.

2.1  Who We Are and What We Do

BACKSPACE-LAP is a Malaysian commodity broker specialising in bulk palm oil. We offer:

• Buyer-to-supplier introduction and sourcing for RBD Palm Olein, RBD Palm Stearin, RBD Palm Kernel Oil, and related bulk palm products.
• Negotiation support on FOB, CFR, and CIF Incoterms 2020 trades.
• Sales Contracts, Purchase Contracts, and Trade Confirmations referencing PORAM, FOSFA, or other recognised standard forms.
• Vessel nomination, laycan coordination, and Bill of Lading workflow support.
• Documentation flow management — LC drafting support, Shipping Instructions, Certificates of Origin (MEOMA-endorsed), Certificates of Analysis.
• Sustainability advisory on MSPO, RSPO, and ISCC certified supply chains.
• Market intelligence and pricing guidance based on published market references.

2.2  Eligibility

Our services are intended for business users only. By engaging with us, you confirm that you are at least 18 years old, duly authorised to represent your business entity, that your entity is properly registered in its jurisdiction, and that you will provide accurate and truthful information in all dealings.

2.3  Our Commitments to You

• Acting in good faith and with reasonable professional care.
• Maintaining strict confidentiality of your commercial information.
• Disclosing any actual or potential conflicts of interest before they affect the trade.
• Recommending only suppliers we have reasonably verified through documented KYC checks.
• Drafting trade documentation that accurately reflects what has been agreed.

2.4  Your Obligations

• Provide accurate, truthful, and complete information at every stage.
• Honour commercial commitments made through Sales Contracts negotiated through us.
• Settle brokerage fees in accordance with the agreed schedule (typically a fixed USD-per-metric-ton commission).
• Comply with all applicable laws, including sanctions, AML, and trade controls in your jurisdiction.
• Notify us promptly of any disputes, quality complaints, or document discrepancies affecting an active trade.

2.5  Sales Contracts and Trade Execution

Every trade we facilitate is governed by its own Sales Contract directly between buyer and seller. Standard terms typically include: product specification (e.g., RBD Palm Olein with FFA ≤0.1%, IV 56–60, M&I ≤0.1%, Colour ≤Red 3.0); quantity and tolerance (±2% or ±5%); price basis and Incoterms 2020 (FOB, CFR, or CIF, named port); laycan period; payment terms (LC / CAD / TT under UCP 600); FOSFA-member surveyor verification at load and discharge ports; and governing law and arbitration — typically FOSFA (London) or PORAM (Kuala Lumpur).

2.6  Pricing and Brokerage Fees

Our brokerage fee is agreed in writing before any trade concludes, typically as a fixed USD-per-metric-ton commission. Cargo pricing is set between buyer and seller. We provide market reference guidance but make no warranty as to specific commercial outcomes. Fee changes apply only to new trades; trades already in progress are honoured under the originally agreed fee.

2.7  Confidentiality

All commercial information you share with us is treated as strictly confidential. We will not disclose your identity, pricing, sourcing strategy, or sensitive details to third parties except as necessary to execute the trade, or as required by law. We expect equivalent confidentiality from you regarding counterparty information shared through us.

2.8  Intellectual Property

All website content — text, graphics, logos, market analyses, and contract templates — is the property of BACKSPACE-LAP or our licensors, protected by copyright law. You may view, download, and print content for legitimate business use. Republication, redistribution, or commercial exploitation requires our prior written consent. The BACKSPACE-LAP name and logos may not be used to suggest endorsement or affiliation without our written agreement.

2.9  Limitation of Liability

To the maximum extent permitted by Malaysian law:

• Our services are provided on a reasonable professional best-efforts basis, without warranty of specific commercial outcome.
• We are not liable for commercial decisions made by buyer or seller, including the decision to enter, perform, or breach a Sales Contract.
• We are not liable for third-party failures — suppliers, vessel owners, surveyors, banks, customs, or port congestion.
• We are not liable for force majeure events.
• Our total aggregate liability per trade is limited to the brokerage fee received for that trade.
• Nothing here excludes liability that cannot lawfully be excluded under Malaysian law — including liability for fraud or wilful misconduct.

2.10  Indemnification

You agree to indemnify BACKSPACE-LAP, our directors, employees, and affiliates against any claims, losses, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, your provision of false information, your violation of applicable law, or any claim by a counterparty arising from your conduct in the trade.

2.11  Governing Law and Dispute Resolution

These Terms are governed by the laws of Malaysia. Disputes regarding our broking services are subject to the exclusive jurisdiction of the courts of Kuala Lumpur. Disputes under specific Sales Contracts are governed by the arbitration provisions of those contracts — typically FOSFA (London) or PORAM (Kuala Lumpur).

This Cookie Policy explains how BACKSPACE-LAP uses cookies and similar tracking technologies on our website. It supplements the Privacy Policy above.

3.1  What Cookies Are

Cookies are small text files placed on your device when you visit a website. They allow the site to recognise your device on future visits, remember preferences, and analyse usage. Cookies do not damage your device and do not contain personal information unless you have explicitly provided it through a form.

3.2  Cookie Categories We Use

3.3  Managing Your Preferences

Most browsers accept cookies by default but allow you to refuse, selectively accept, or delete them through the browser's privacy settings. Disabling all cookies will affect site functionality — forms may not work and you may need to re-enter information on each visit. We do not use targeted advertising or cross-site tracking cookies. If this changes, we will update this Policy and obtain consent where required.

3.4  Updates

We may update this Cookie Policy from time to time. The current version is always available on our website with the 'Last Updated' date at the top of this Legal Hub.

This section clarifies our position as broker and protects all parties to a trade. Please read it carefully — it is operationally important.

4.1  Broker, Not Principal

4.2  No Investment, Financial, or Tax Advice

Nothing on our website or in our communications constitutes investment advice, financial advice, tax advice, or legal advice. Market intelligence we provide is for information only and reflects published market references at the time of publication. Commercial decisions — including whether to buy, sell, hedge, or hold — are entirely yours.

4.3  Pricing and Market Information

• Prices are reference-only and do not constitute an offer to buy or sell.
• Market commentary reflects our reasonable interpretation of available data — the market is volatile; yesterday's price is not today's price.
• Historical performance is not a guide to future performance.
• We make no warranty that any price we reference will be achievable in your specific trade.

4.4  Quality and Quantity Verification

Cargo quality and quantity are verified by independent FOSFA-member surveyors appointed at the load port and the discharge port. Standard parameters tested include FFA, Iodine Value, Moisture & Impurities, Lovibond Colour, and Slip Melting Point. The surveyor acts as an independent professional — not our agent. We do not warrant the surveyor's findings. Disputes regarding quality or quantity are resolved between buyer and seller under the Sales Contract dispute provisions, typically through FOSFA arbitration.

4.5  Shipping, Delivery, and Logistics

Shipping is subject to numerous external factors: port congestion (including well-documented demurrage exposures of USD 1 million or more at African destinations such as Dar es Salaam); vessel availability and freight market volatility; weather, navigational hazards, and acts of God; customs procedures; and banking-system delays. LC document examination periods are typically up to five banking days per UCP 600 Article 14(b). We assist with coordination but cannot guarantee specific delivery times.

4.6  Payment and Banking

Payment under any trade is governed by the Sales Contract — typically a Letter of Credit (LC), Cash Against Documents (CAD), or Telegraphic Transfer (TT). LC operations are governed by UCP 600. BACKSPACE-LAP does not handle client money. We do not act as escrow agent. We do not guarantee any bank's performance. Draft LC text must be reviewed and approved by both buyer and seller before issuance.

4.7  Counterparty Risk

We perform reasonable KYC checks on suppliers in our network but do not provide credit guarantees. For new counterparty relationships with elevated country risk, buyers are encouraged to use Letters of Credit confirmed by reputable banks.

4.8  Sanctions and Compliance

Both parties to any trade are responsible for ensuring compliance with all applicable sanctions regimes — UN, EU, UK (HM Treasury / OFSI), and US (OFAC). BACKSPACE-LAP will not knowingly facilitate any trade that breaches applicable sanctions. We reserve the right to decline or unwind any trade where sanctions exposure is identified.

4.9  Force Majeure

Neither BACKSPACE-LAP nor the contracting parties shall be liable for failure or delay due to events beyond reasonable control — including natural disasters, war, civil unrest, government action, port closures, vessel detentions, pandemics, banking-system failures, or major regulatory changes.

Sustainability is no longer optional in the palm oil trade. Our buyers — particularly in the EU, UK, and across the Middle East and Asia — require demonstrable supply-chain traceability and certified sustainable sourcing.

5.1  Certified Sourcing

Where requested by the buyer, we source from refineries holding one or more of the following certifications:

Each Sales Contract specifies the certification required. We coordinate relevant certificates within the documentation package alongside the Certificate of Origin, Certificate of Analysis, and standard shipping documents.

5.2  Regulatory Bodies

5.3  EU Deforestation Regulation (EUDR)

For trades destined for the EU after the EUDR effective date, additional due-diligence and geolocation traceability requirements apply. BACKSPACE-LAP will coordinate with the supplier to provide the required EUDR Due Diligence Statement (DDS) where part of the trade specification. Buyers are responsible for ensuring their own EUDR import compliance.

5.4  Anti-Bribery and Anti-Corruption

Zero-tolerance policy on bribery and corruption. We comply with the Malaysian Anti-Corruption Commission Act 2009 and expect equivalent standards from our buyers, suppliers, and intermediaries. We will not offer, accept, or facilitate any improper payment.

5.5  Anti-Money-Laundering (AML)

We perform reasonable KYC and AML checks in line with the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. We reserve the right to decline any transaction raising AML concerns and to report suspicious activity to Malaysian authorities as required by law.

5.6  Continuous Improvement

We participate in industry forums, monitor regulatory developments, and adjust our practices as standards evolve. Operational risks and improvement opportunities are logged in our internal Risk & Opportunities register and addressed through documented action plans.