Effective Date: April 20, 2022
PrivySign Term of Use
Each word that starts with a capital letter has the following meaning:
- “PrivyID” means an alphanumeric code issued by Privy, which can be associated with a unique name (username), to identify The User using Privy Services.
- “Privy Account” is any account issued by Privy, under the name PrivyID, each account owner will be given a userID, choose a password, and store their Personal Data.
- "Electronic Document" means any Electronic Information, including but not limited to Electronic Contracts, created, forwarded, sent, received, or stored in analog, digital, electromagnetic, optical, or the like, wich can be seen, displayed, and/or heard through a computer or electronic system, including but not limited to writings, sounds, images, maps, designs, photographs or the like, letters, signs, numbers, access codes, symbols or perforations that have meaning or can be understood by a person capable of understanding it.
- "Electronic Information" means one or a set of electronic data, including but not limited to writing, sound, images, maps, designs, photographs, Electronic Data Interchange (EDI), electronic mail (e-mail), telegram, telex, telecopy, or the like processed letters, signs, numbers, access codes, symbols, or perforations that have meaning or can be understood by those who can understand them.
- “Privy Services” means the Electronic Certificate issuance service, Privy Electronic Signature creation, Privy Document Management System, PrivyPass, and/or other Privy services declared by Privy from time to time, either through the Privy Site or Application.
- “PrivySign” or “PrivySign Service” means the Electronic Certificate, certified Electronic Signature, registered electronic delivery service, with the available features, which can be used on the Privy Site or Application provided by Privy for the User.
- “User” means every individual, partnership, firm, company, legal entity, ministry, institution, or organization that uses the Privy Service.
- “Privy Application” means mobile applications operated by PT Privy Identity Digital.
- “Privy” means PT Privy Digital Identity.
- “Electronic Certificate” means a certificate issued by Privy that is electronic in nature and contains an Electronic Signature and identity indicates a legal subject or party in an Electronic Transaction.
- “Personal Data” is any data about a person either identified and/or can be identified separately or in combination with other information either directly or indirectly through electronic and/or non-electronic systems.
- “Site” means any URL that uses the domain with the address “www.privy.id” or any other site as stated by Privy from time to time.
- “Electronic Signature” means a signature consisting of Electronic Information that is embedded, associated, or related to other Electronic Information used as a verification and authentication tool created with the Privy Service.
- "Electronic Transaction" means a legal action carried out using a computer, computer network, and/or other electronic media.
- “Uniform Resource Locator” or “URL”, is a series of listed websites, containing folder names, language protocols, and so on
- “Appstore” is an application distribution platform for iOS developed and managed by the multinational technology company Apple Inc.
- “Playstore” also commonly known as Google Play is a digital distribution service operated and developed by Google that functions as the official app store for the Android operating system.
- “Basic Data” is the Personal Data required by Privy to be able to issue PrivyID and create a Privy Account.
- “Third Party” is an individual, legal entity, and/or business entity that cooperates with Privy and can be proven by a document that binds the rights and obligations of each party.
- Privy Account Registration:
- To be able to use PrivySign Services, The User can access the Site or download the Privy Application and register to create a PrivyID and/or Privy Account. Registration can be done through the Privy Site and/or Application or through merchants collaborating with Privy. For convenience in using PrivySign, The User are required to download the Privy Application only from the Appstore (if the User uses an iOS mobile operating system) or Playstore (if the User uses an Android phone operating system) and Privy urges the User to always carry out the latest updates available for the Privy Application.
- If the User provides a statement, guarantee, information, or Personal Data that is untrue, unclear, inaccurate, or incomplete, then Privy has the right to reject the application for PrivyID issuance and/or creation of a Privy Account and suspend or terminate part or all of the Privy Services provided to User.
- User are responsible for all activities and consequences that arise in connection with the use of PrivyID, Privy Accounts, and/or the User’s password, and the User are obliged to maintain the confidentiality of User’s passwords with great care. All activities carried out using the PrivyID and/or User's Privy Account are considered activities that have been carried out by the holder of the Privy Account. The User is responsible for all losses and legal consequences arising from the User error or negligence in maintaining the confidentiality of the User's Privy Account password. The User must immediately notify Privy of any alleged or unauthorized use of PrivyID, Privy Account, and/or password or security threats.
- Certificate Practice Statement (CPS);
- Warranty Policy;
- Relying Party Agreement;
- Subscriber Agreement; and
- Use of PrivySign Services
- Only User with PrivyID and/or Privy Accounts can be using PrivySign.
- User may not transfer the User’s Privy Account to any party.
- PrivySign is not intended for use by the User who are not competent under applicable civil law.
- Privy may use or disclose User's Personal Data to comply with the provisions of law and regulation, in the context of law enforcement processes or taking further preventive action in connection with unauthorized activities, suspected criminal acts, or violations of laws or regulations. In connection with the use or disclosure, User release and discharge Privy from all claims, demands, and damages that may arise in connection with such use or disclosure.
- Privy has the right to change or cut off access to part or all of Privy’s Services temporarily in further repair and/or management is needed to improve services to The User or in the event of suspected data leakage or security threats without prior notification to the User.
- In using a Privy Account and Privy Service, the User agrees to comply with all law and regulation in the applicable jurisdiction where the Privy Account or Privy Service is accessed or used.
- The User understand that all communications and instructions including but not limited to entering passwords, OTP, clicking ticks, changes, deletions to cancellations from the User received by Privy will be treated as evidence even if they are not made in the form of a written document or wet signature, and the User agrees to indemnify Privy from all claims, demands, and compensation that may arise in connection with the execution of the User’s instructions.
- Service Usage Limit
The user agrees not to use the PrivySign Service to carry out transactions or actions that: (i) violate the law or the provisions of law and regulation; (ii) violate the rights of Privy or Third Parties, including but not limited to privacy rights, copyrights, trademarks, patents, trade secrets, or other intellectual property rights, as well as contractual rights or other rights protected under the provisions of prevailing law and regulation; (iii) intentionally and without rights or against the law in any way changing, adding, reducing, transmitting, destroying, removing, transferring, hiding any Electronic Information in connection with the Privy Service; (iv) could damage or distrub Privy's reputation.
- The user represents and warrant that:
- Electronic Certificate
The Electronic Certificate issued by Privy is valid for one (1) year. Privy may send a notification asking the User to renew his Electronic Certificate sometime before or after the expiration of the Electronic Certificate.
- Privy Balance and Payment
- Privy Balance is the balance regarding the number of funds that have been deposited in advance by the User to Privy through several methods/channels listed on the Privy Site, which can be used as payment for the use of several Privy Electronic Signatures based on the User agreement with Privy from time to time
- Privy Balance cannot be exchanged for cash for any reason.
- Property Rights and Intellectual Property Rights Clauses
The User or The User’s representatives , including all employees of the User, do not acquire any proprietary rights or intellectual property rights, including but not limited to patents, copyrights, brands, trade secrets, for the content available on the PrivySign Service ( including but not limited to all information, software, information, text, letters, numbers, color arrangement, images, logos, names, video and audio, features, and design selection and arrangement). The User agree not to use Privy's intellectual property rights without Privy's prior written consent. The User acknowledges that any actual attempt or violation of the provisions related to intellectual property rights will result in the termination of all User’s rights regarding Privy Services.
- Security and Confidentiality
- Privy takes security and storage efforts with great care to protect the confidentiality of the User’s Personal Data from time to time.
- Any content uploaded and sent by the User to the Privy Service will be stored securely and sent confidentially using industry electronic information security standards.
- Privy will notify the User in the event of a failure to protect the confidentiality of the User’s Personal Data in Privy's electronic system under the provisions of the prevailing law and regulation.
- Privy maintains access to Electronic Documents uploaded by the User through the User’s Privy Account to the Privy Service so that only the User and other parties the User gives permission can access and/or view such Electronic Documents.
- User understand that Privy can provide access to or disclose User Electronic Documents in order to comply with the provisions of law and regulation, in the context of law enforcement processes or to take further preventive actions in connection with unauthorized activities, suspected criminal acts, or violations of laws or regulations.
- Limitation of Liability
- Privy provides the Services in an “as is” condition. User understand that Privy does not make a statement or warranties of any form that:
- The use of PrivySign will always be on time, always work without interruption, or free from changes, additions, subtraction, transmissions, damages, losses, transfers, conceals caused by the actions of a party intentionally and without rights or against the law;
- PrivySign can continue to operate and used in conjunction with other party devices or systems that are not provided or owned by Privy; and/or
- PrivySign will always meet User expectations.
- The User understands that PrivySign may experience interruptions or delays due to unavailability or interruption of the Third Party Services that the User uses or due to interruption, unavailability, or malfunction of certain features on the device that the User uses. The User agrees to release Privy from all claims, demands, or lawsuits in connection with the failure to carry out of the User nstructions due to incomplete submission of information from the User or the cancellation or change of instructions submitted to Privy, unless the instructions are not carried out due to deliberate or serious negligence of Privy
- User agrees to release Privy from all claims, demands, and lawsuits for any consequences or losses arising in connection with: (i) the non-completion or delay of an Electronic Transaction; and/or (ii) any disruption, delay, change, or unavailability of PrivySign or Privy Services (including in the event that Privy is unable to carry out or continue part or all of User instructions or communications to Privy through the Privy Site or Application), caused by events or things beyond Privy's control, including but not limited to natural disasters, wars, riots, government policies, banking system failures, monetary crises, changes, additions, reductions, transmissions, damages, losses, transfers, concealment of the system , devices, or Privy Services caused by the actions of a party intentionally and without rights or against the law, interruption or unavailability of third party services including internet, power, telecommunications and electricity network interruptions on an ongoing basis, or other matters beyond Privy control.
- The User agrees that Privy is not responsible for any consequences or losses arising from the things mentioned above, including but not limited to: (i) loss of data; (ii) loss of income, profits or other income; and/or (iii) loss, damage or injury arising from User uses of the Privy Services including PrivySign.
- User agrees to release Privy from all claims, demands, lawsuits, and compensation of any kind and from any party that arises in connection with:
- The provision of information or Personal Data by the User to Privy that violates prevailing law or regulation, violates the rights (including intellectual property rights) of any other party, or violates any contract, agreement, statement, decision, or document in which the User is a party to or bound therein;
- Privy provides the Services in an “as is” condition. User understand that Privy does not make a statement or warranties of any form that:
- Termination of Use of PrivySign Services and Privy Accounts
- In the event that the User wishes to terminate the use of the PrivySign Service, the User must close the User’s Privy Account and comply with the terms of termination of the Privy Account.
- The User understands that in the event of a written request for termination of the Privy Account from the User, Privy may require verification in advance and request some additional data. In the event that the verification carried out by Privy is not successful, then Privy has the right to refuse the application.
- The User closes or terminates the use of the User's Privy Account and the period of storage of Personal Data in the electronic system based on the provisions of other law and regulation exceeded; or
- There is a court order to delete Personal Data contained in the Privy electronic system at the request of the owner of the Personal Data. Personal data that has been deleted by Privy cannot be displayed again.
- Applicable Law and Dispute Resolution
- One of the parties, either User or Privy ("First Party") is required to provide written notice to the other party ("Second Party") regarding the occurrence of a Dispute ("Dispute Notification"). Disputes must be resolved by deliberation and consensus within thirty (30) calendar days from the date of the Dispute Notification (“Deliberative Settlement Period”);
- If the dispute cannot be resolved by deliberation and consensus until the end of the Deliberative Settlement Period, the First Party and the Second Party agree that the Dispute will be referred to and resolved by the Indonesian National Arbitration Board (“BANI”) according to the rules of arbitration procedure at BANI which is located at Wahana Graha Floor 1 and 2, Jl. Mampang Prapatan No. 2 Jakarta 12760, with the following conditions:
- In the arbitration, the language used is Bahasa Indonesia;
- The place of arbitration is in Jakarta, Indonesia
- The First Party and the Second Party will jointly appoint one (1) arbitrator who will be the sole arbitrator to settle disputes
- Arbitration costs and legal fees must be borne by the losing party; and
- The arbitration award is final and binding on the First Party and the Second Party.
If some of these provisions cannot be enforced, then the remaining provisions will not be canceled and will continue to apply in full force. Privy has the right to replace and/or change the canceled provisions with other provisions to the extent permitted by thw prevailing law and regulation.
- Contacts and Notifications
- Every notification from Privy addressed to the User will be announced through the Site and sent via electronic mail (e-mail), Short Message Service (SMS), or push notification through the Privy Application installed on the User's device registered with Privy.
- Every notification from a User addressed to Privy becomes effective when the notification is received by Privy through the e-mail address email@example.com and/or through a physical document sent to PT Privy Identity Digital with the address Jl. Kemang Raya No. 34L, 2nd Floor, Bangka Village, Mampang Prapatan District, South Jakarta 12730, Indonesia.