Effective Date: February 22, 2019
Welcome to PrivyID Service! Thank you for your interest in using PrivyID. By creating a PrivyID Account or using the PrivyID Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Privy provides various types of Services. Therefore, some additional terms and conditions may apply when you use PrivyID Services.
These Terms and Conditions may be changed or updated in part or in full from time to time without prior notification to the User and will take effect from the time uploaded on the Site. Privy recommends that Users check the Site for any changes to these Terms and Conditions from time to time. By continuing to access the PrivyID Account or using the PrivyID Services, the User deemed to have agreed to changes in these Terms and Conditions. If the User does not agree to the changes in the Terms and Conditions, the User can contact us to terminate the PrivyID Account.
These Terms and Conditions contain an agreement between Privy and User. Please read these Terms and Conditions carefully!
Every word that starts with a capital letter has the following meaning:
- "PrivyID Account" means an alphanumeric code issued by Privy, which can be associated with a unique name (username), to identify the User in using the PrivyID Services.
- "Electronic Document" means any Electronic Information, including but not limited to Electronic Contracts, which are created, forwarded, sent, received, or stored in analog, digital, electromagnetic, optical, or the like, which can be seen, displayed, and/or be 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.
- "PrivyID Services" means Electronic Certificate issuance service, PrivyID Electronic Signature creation, Privy Document Management System, PrivyID Login, and/or other PrivyID services that are declared by Privy from time to time, either through the PrivyID Site or Application.
- "User" or "You" means every individual, partnership, firm, company, legal entity, ministry, institution, or organization that uses PrivyID Services.
- "PrivyID Application" means a mobile application operated by PT Privy Identitas Digital.
- "Privy" or "Us" 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 that indicates a legal subject or party in an Electronic Transaction.
- "Site" means the www.privy.id site or other sites declared 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 made with the PrivyID Service.
- "Electronic Transaction" means a legal action carried out using a computer, computer network, and/or other electronic media.
- PrivyID Account and Use of PrivyID Services
- Only Users who have a PrivyID Account can use the PrivyID Service.
- You cannot transfer your PrivyID Account to any party.
- PrivyID services are not for the use of the underage users, that is, anyone who has not reached the legal age limit or competent age according to the applicable jurisdiction where the PrivyID Service is accessed or used.
- To create a PrivyID Account, you can be asked to provide some of your personal information and data to Privy. In connection with the creation of a PrivyID Account and the use of PrivyID Services, you agree to provide your personal information and data correctly, clearly, accurately, and thoroughly to Privy when requested, including personal data listed in the National Identity Card (KTP) or other identity cards, cell phone numbers, electronic mail addresses, and face record or selfies, IP addresses, login information, geolocation, and browser version. You will immediately update the information and data that you have provided to Privy to keep that personal information and data true, accurate, and complete from time to time. Changes, additions, or updates to such personal information and data can be made by giving notification to Privy through Privy's contact. Privy has the right to verify changes, additions, or updates to personal information and data under Privy's procedures.
- If you provide statements and guarantees, personal information, or data that are untrue, unclear, inaccurate, or incomplete, Privy has the right to reject the application for a PrivyID account and suspend or terminate part or all of the PrivyID Services provided to you.
- You are responsible for all activities and consequences that arise in connection with the use of your PrivyID account or password, and you will always maintain the confidentiality of your password with great care. Privy has the right to consider and treat all activities carried out through the PrivyID Account as activities that have been carried out by the related PrivyID account holder. You are responsible for all losses and legal consequences arising from your mistake or negligence in maintaining the confidentiality of your PrivyID Account password. You will immediately notify Privy about any suspected or unauthorized use of the PrivyID Account or password or security breach.
- Privy can use or disclose User personal data to comply with legal provisions and statutory regulations, in the context of law enforcement processes or taking further preventive actions in connection with unauthorized activities, suspected criminal acts, or violations of law or statutory regulations. In connection with the use or disclosure, you release and release Privy from all claims, demands, damages that may arise in connection with such use or disclosure.
- Privy has the right at any time to change or cut off access to part or all of PrivyID's services temporarily if further repairs and/or management are needed to improve service to the User or in the event of an alleged leak or breach of security without prior notification to the User.
- In using the PrivyID Account and PrivyID Services, you agree to comply with all laws and regulations in the applicable jurisdiction where the PrivyID Account or PrivyID Services are accessed or used.
- You agree not to use PrivyID Services to carry out transactions or actions that: (i) violate the law or provisions of statutory regulations; (ii) violates Privy rights 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 laws and regulations applicable; (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 PrivyID Service; (iv) could damage or disturb Privy's reputation.
- You understand that all communications and instructions from you to us will be treated as evidence even though they are not made in the form of a written document or a wet signature, and you agree to release us from all claims, demands, and compensation that may arise in connection with the implementation of your instructions.
- You represent and warrant that:
- You are legally capable and authorized to take legal actions according to the laws of the Republic of Indonesia, including to bind yourself to and implement all the terms and conditions in these Terms and Conditions.
- If you create a PrivyID Account or use PrivyID Services on behalf of an association, firm, company, legal entity, ministry, institution or organization, you have the capacity and authority to represent and act on behalf of the partnership, firm, company, legal entity, the ministry, agency or organization, including but not limited to binding it to comply with and implement all the terms and conditions in these Terms and Conditions.
- You have read and understood the entire contents of these Terms and Conditions, and therefore voluntarily agree to comply with and implement all terms and conditions in these Terms and Conditions. Privy has the right to cut off access to the PrivyID Account and terminate PrivyID Services at any time in the event of a violation of these Terms and Conditions. You accept the risk that the data and information recorded in your PrivyID Account cannot be accessed or obtained again by the User after termination.
- Electronic Certificate
Electronic Certificate issued by Privy is valid for one (1) year. Privy can 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
- PrivyID 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 our Site, which can be used as payment for the use of several PrivyID Electronic Signatures based on the User's agreement with Privy from time to time.
- PrivyID Balance cannot be exchanged for money for any reason.
- Property Rights and Intellectual Property Rights Clauses
You or your representatives, including all your employees, do not acquire any property rights or intellectual property rights, including but not limited to patents, copyrights, brands, trade secrets, for the content available on the PrivyID Service (including but not limited to all information, software, information, text, letters, numbers, color arrangements, images, logos, names, video and audio, features, and design selection and settings). You agree not to use Privy's intellectual property rights without our prior written consent. You acknowledge that any actual attempt or violation of the provisions related to intellectual property rights will result in the termination of all User rights regarding PrivyID Services.
- Security and Confidentiality
- We take security and storage efforts with great care to protect the confidentiality of User's data from time to time.
- Privy guarantees that any content uploaded and sent by Users to our Services will be stored securely and sent confidentially using industry electronic information security standards.
- Privy will notify you in the event of a failure to protect the confidentiality of your data in Privy's electronic system under the provisions of the prevailing laws and regulations.
- Privy guarantees that only you can view the Electronic Documents that you upload through your PrivyID Account to the PrivyID Service and other parties to which you have permitted to access the Electronic Documents.
- Limitation of Liability
- Privy provides Services in an "as is" condition. You understand that we do not make a statement or guarantee in any form that:
- The use of PrivyID Services will always be on time, work without interruption, or free from changes, additions, subtractions, transmissions, damages, losses, transfers, conceals caused by the actions of a party intentionally and without rights or against the law;
- PrivyID services can continue to operate and used in conjunction with other party devices or systems that are not provided or owned by us; and/or
- PrivyID service will always meet your expectations.
- You understand that the PrivyID Service may experience interruptions or delays due to the unavailability or interruption of third-party services that you use or due to interruption, unavailability, or malfunction of certain features on the device you are using. You agree to release us from all claims, demands, or lawsuits in connection with the failure to carry out your instructions due to your incomplete delivery of information 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.
- You agree to release us 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 PrivyID or Our Services (including in the event that we are unable to carry out or continue part or all of your instructions or communications to Us through the PrivyID Site or Application), which is caused by events or things beyond Our control, including but not limited to natural disasters, wars, riots, government policies, banking system failures, monetary crises, changes, additions, subtractions, transmissions, damage, losses, transfers, hiding in the system Our equipment, or services which are caused by the actions of a party intentionally and without rights or against the law, interruption or unavailability of third-party services, including disruption of the internet network, power, telecommunications and electricity on an ongoing basis, or other matters beyond Our control.
- You agree that we are not responsible for any consequences or losses arising from things as mentioned above, including but not limited to: (i) loss of data; (ii) loss of income, profit, or other income; and/or (iii) loss, damage or injury arising from your use of PrivyID Services.
- You agree to release us from all claims, demands, lawsuits, and compensation whatsoever and from any party that arises in connection with:
- Usage of personal information or data by us based on these Terms and Conditions, or based on the approval, acknowledgment, authority, power and/or rights that you have given us;
- The provision of personal information or data by you to us which violates the applicable laws or regulations, violates the rights (including intellectual property rights) of any other party, or violates any contract, agreement, statement, decision, or document where you are a party or bound therein;
- Unauthorized use of PrivyID Services, violates the laws and provisions of applicable laws, rights (including intellectual property rights) of any other party, or violates any contracts, agreements, statements, decisions, or documents to which you are a party or are bound by them, or violates these Terms and Conditions.
- Privy provides Services in an "as is" condition. You understand that we do not make a statement or guarantee in any form that:
- Termination of PrivyID Account
- Your PrivyID account will be valid without time limitation, except if you send a written request to the Privy e-mail address listed in these Terms and Conditions to close/terminate the use of your PrivyID Account.
- Based on its sole discretion, Privy can close or end the use of your PrivyID Account if you violate these Terms and Conditions, carry out activities that can cause harm to Privy, or present a security threat to the PrivyID system, PrivyID Services, or other Users. Privy can erase your data in Privy's electronic system in the following cases:
- You close or terminate the use of your PrivyID Account and the period for storing personal data in the electronic system based on the provisions of other laws and regulations exceeded; or
- there is a court order to delete personal data contained in Privy's electronic system at the request of the owner of the Personal data.
Personal data that Privy has deleted cannot be displayed again.
- Applicable Law and Dispute Resolution
- These Terms and Conditions are regulated and interpreted based on the laws of the Republic of Indonesia.
- You and Privy agree that all disputes or disputes arise from or are related to matters regulated in these Terms and Conditions (including all disputes or disputes caused by an illegal act or violation of one or more of the terms and conditions in these Terms and Conditions) ("Dispute") will be resolved in the following manner:
- One of the parties, either You or Us ("First Party"), is obliged to provide written notification to the other party ("Second Party") regarding the occurrence of a Dispute ("Dispute Notification"). Disputes must be resolved by deliberation to reach 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 arbitration procedure rules at BANI which is located at Wahana Graha Lantai 1 and 2, Jl. Mampang Prapatan No. 2 Jakarta 12760, with the following conditions:
- The language used in the arbitration is Indonesian;
- 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 resolve the disputes.
- The arbitration costs and legal fees shall be borne by the losing party; and
- The arbitration award is final and binding on the First Party and the Second Party.
If these Terms and Conditions display in various language options, and there is a mismatch between one language and another, the Indonesian text will prevail.
If some of these provisions cannot be enforced, the remaining provisions will not be canceled and will continue to apply in full force. PrivyID has the right to change and/or change the canceled provisions with other provisions to the extent permitted by the prevailing laws and regulations.
- Contacts and Notifications / Notifications
- Any notification from us addressed to you or the User will be announced through the site and sent via electronic mail (e-mail) or short message service (SMS) to users registered to our PrivyID account or us.
- Any notification from you or the User addressed to us becomes effective when the notification is received by us through an electronic mail address (e-mail address) firstname.lastname@example.org and/or through a physical document sent to PT Privy Identitas Digital at the address Jl. Kemang Raya No. 34L, 2nd Floor, Bangka Urban Village, Mampang Prapatan District, South Jakarta 12730, Indonesia.