Effective Date: April 20, 2022
Welcome to Enterprise Suite Services!
"Action" means any instructions received by Privy’s Electronic Systems from the User’s
Employee Account through the Privy Application or the Site to:
- provide access to an Electronic Document uploaded on the Privy Application or the Site to any email address or any Privy Account that is not registered as a User’s Employee Account; or
- send each request for the establishment of 1 (one) Electronic Signature on an Electronic Document uploaded on the Privy Application or site to any email address or any Privy Account that is not registered as a User Employee Account.
- "Employee Account" means a Privy Account associated with (and registered by the User on) an Enterprise Account.
- "Enterprise Account" means an account created by Privy for User to use the Enterprise Suite Services.
- "Enterprise Suite Services" means Electronic Certificate services, Electronic Signature, along with features of Electronic Document management and management of access to Electronic Documents, and/or related additional features, which can be used on Privy Applications or Sites by SysAdmin and Employee Accounts registered with Enterprise Accounts, provided by Privy to User under Privy Balance and Employee Accounts that are still active or valid.
- "Owner" means the User’s Privy Account that represents the User in registering the Enterprise Suite Service for the first time to be able to manage the Enterprise Account in performing the role of SysAdmin.
- "Refill Employee Slot" means any purchase instructions by the User to increase the number of Employee Account slots or extend the validity period of the Employee Account slot by making payments as stated on the Privy Application or the Site.
- “Privy Balance Purchase" means any purchase instructions by the User to top-up Privy Balance by making payments as stated on the Privy Application or the Site.
- "Electronic System" means a series of electronic devices and procedures that function to prepare, collect, process, analyze, store, display, announce, transmit, and/or disseminate Electronic Information.
- "Action" means any instructions received by Privy’s Electronic Systems from the User’s Employee Account through the Privy Application or the Site to:
Use of Enterprise Suite Services
- The Enterprise Suite Services are provided through the Privy Application or the Site which can be download and/or use as is and as available.
- To use the Enterprise Suite Services, the User first registers the Enterprise Suite by registering and choosing one or more Privy Accounts as the SysAdmin of the Enterprise Account.
- Registration of a Privy Account as SysAdmin for the first time can be done through the Privy Site. One Privy Account registered for the first time will be the Owner and SysAdmin.
- You agree to provide Privy with the information and data requests or information listed on the Site correctly, clearly, accurately, and thoroughly to Privy when requested. The User is also required to include the Taxpayer Identification Number (NPWP) data of the business entity that the User represents to use the Enterprise Suite Service. The User will immediately update the information and data that the User has provided to Privy to keep the information and Personal Data true, accurate, and complete from time to time. Changes, additions, or updates to such information and data can be made by notifying Privy through Privy contacts. Privy has the right to do verification, changes, additions, or updates to such information and data by Privy procedures.
By registering one or more Privy Accounts as SysAdmin, the User authorizes the SysAdmin to:
- add one or more Privy Accounts as SysAdmin and/or revoke the registration of one or more Privy Accounts that have previously been registered as SysAdmin on the Enterprise Account;
- add one or more Privy Accounts as Employee Accounts and/or revoke the registration of one or more Privy Accounts that have previously been registered as Employee Accounts on the Enterprise Account.
- SysAdmin may only register a Privy Account as an Employee Account until a certain number of Employee Account slots have been purchased by the User based on the relevant Employee Slot Refill.
- Registration of one or more Privy Accounts as Employee Accounts can be done by SysAdmin through the Privy Application or the Site. Each Employee Account can be used up to the validity period of the Employee Account as stated on the Site. However, the expiration of the Employee Account does not result in the closure of the Privy Account registered as the Employee Account.
- If a Privy Account is no longer registered as an Employee Account, then any Electronic Documents that have been uploaded or received by the Employee Account can not be longer accessed using the Privy Account on the Enterprise Account.
- By registering one or more Privy Accounts as Employee Accounts, the User authorizes the user of the Privy Account to take all actions that can be done on the Enterprise Account, including but not limited to taking Action that will reduce the Privy Balance of the Enterprise Account.
- The Owner is responsible for ensuring that any Privy Account registered as a SysAdmin and/or Employee Account on the Enterprise Account has full power and authority to act for and on behalf of the User in providing instructions to Privy through the Privy Application Electronic System or the Site.
- The User understands and agrees that each Owner, SysAdmin or Employee Account on the Enterprise Account is responsible for: (i) maintaining the confidentiality of passwords and the security of access to its Privy Account; and (ii) maintaining the security of the Electronic System use to access and use the Enterprise Suite Services, among others by updating the Privy Application, operating system updates, and encroachment updates, perform the latest anti-virus installations and updates and make regular password changes. Any consequences arising from the negligence or failure of the holder of SysAdmin and/or Employee Account of the Enterprise Account to do the above are the responsibility of the User.
- Any action taken by each SysAdmin and Employee Account on the Privy Application or the Site is the User’s responsibility and will be deemed a valid instruction from the User to Privy that must be carried out when received on the Privy’s server.
- If a Privy Account owner associated with an Employee Account in the Enterprise Suite is no longer part of the User (e.g. the owner of the Privy Account is an employee who is no longer part of a company), the User must revoke the Privy Account that has previously been registered as an Employee Account and/or SysAdmin on the Enterprise Account). Negligence and/or delay in revocation of the Employee Account is not Privy's responsibility.
- When the User acts using the Employee Account, the User acknowledges and gives consent that all information related to the action is known by the Owner and/or SysAdmin Enterprise Account directly or indirectly.
- Changes to the Owner by the User can be made based on a written application letter as stated in the following link: https://privy.id/format-surat-permohonan-perubahan-owner-akun-privy.pdf to be completed and signed electronically by the User through the Privy Application and attach supporting documents and sent to the email address firstname.lastname@example.org.
- Action from an Enterprise Account can be done up to a certain amount of Privy Balance. Privy Balance can be use following the validity period of Privy Balance as stated on the Privy Application or the Site.
- Privy Balance will be reduced by the implementation of each Action that is, any instructions received by the
Privy Electronic System from the User Employee Account through the Privy Application or the Site to:
- provide access to an Electronic Document uploaded on the Privy Application or Site to an email address or a Privy Account not registered as an Employee Account; or
- send each request for the establishment of 1 (one) Electronic Signature on an Electronic Document uploaded on the Privy Application or Site to an email address or a Privy Account that is not registered as an Employee Account.
- As long as it is done on the Privy Application or the Site, then:
- establishment of Electronic Signature by Employee Account;
- granting access to an Electronic Document uploaded on the Privy Application or Site to fellow Employee Accounts registered with the Enterprise Account;
- request for the establishment of an Electronic Signature on an Electronic Document uploaded on the Privy Application or Site to a fellow Employee Account registered with the Enterprise User’s Account,
For the avoidance of doubt, if one or more of the above actions are performed on any Electronic System other than the Privy Application, i.e. if the Enterprise Suite Service is organized through integration with the Privy’s API, then any of the above actions will deduct the Privy Balance from the Enterprise User’s Account.
- The User may access information about the usage data of the Services, including the amount of Privy Balance that is remaining and can be use by the User, on the Privy Application or the Site.
- Each Party shall comply with the law and regulation governing Personal Data protection in Indonesia, along with any such changes, replacements, or updates as applicable from time to time.
- To the extent permitted under the prevailling law and regulation, Privy will remove Electronic Documents from the Enterprise Account upon written request from the User made by the procedures specified by Privy.
- Privy may update the Privy Application at a later date to improve the performance and/or security of the Privy Application, which can be downloaded from the Playstore or Appstore.
- Privy can use or disclose Personal Data User to comply with the legal provisions and statutory regulations, in the contex of law enforcement processes or by taking further preventive in connection with violations of the use of provisions of service, suspected criminal acts, or violations of laws or regulations. In connection with such use or disclosure, the User releases and discharges Privy from any claims, demand or damages that may arise in connection with such use or disclosure.
- Privy has the right to wholly or partially change or terminate access to Enterprise Suite Services temporarily at any time in the event of further repair and/or management to improve services to the User or in the event of an alleged data leak or security threat without prior notice to the User.
- In using the Enterprise Suite Services, the User agrees to comply with all legal provisions and law and regulation in the applicable jurisdiction in which the Enterprise Suite Services are accessed or used.
- You agree not to use the Enterprise Suite 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 prevailing law and regulation applicable (iii) intentionally and without rights or against the law in any way changing, adding, reducing, transmitting, destroying, removing, transferring, hidding any Electronic Information in connection with the Enterprise Suite Services; (iv) could damage or disturb Privy’s reputation.
- The User understands that all communications and instructions of the User received by Privy will be treated as evidence even though they are not made in the form of a written documents or a wet signatures, and the User agrees to release Privy from all claims, demands ,and damage that may arise in connection with the implementation of your instructions
- The User represents and warrants that:
Privy Balance, Employee Account, and Payment
Privy Balance will be reduced by:
- Every action is taken; or
- Purchases for use of Enterprise Suite Services are non-refundable.
- Privy Balance and Employee Account cannot be exchanged back for money for any reason.
- If the Privy Balance and/or Employee Account has been ran out, and the User has not done the Purchase Privy Balance and/or Employee Slot Refill, Privy has the right to terminate part or all the User's Enterprise Suite Services for the time being until the User has made a Privy Balance Purchase and/or Employee Slot Refill.
- Privy Balance will be reduced by:
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 Enterprise Suite Services (including but not limited to all information, software, information, text, letters, numbers, color arrangements, images, logos, names, videos and audio, features, and design selection and settings). The User agrees not to use Privy's intellectual property rights without Privy's prior written consent. The User acknowledges that any actual attempt or violation of these intellectual property-related provisions will result in the termination of all User rights regarding to the Enterprise Suite Services.
Security and Confidentiality
- Privy takes careful security and storage efforts to protect the User's Personal Data confidentiality from time to time.
- Privy guarantees that any content uploaded and sent by User to Privy services 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 User’s Personal Data in the Privy’s Electronic System by the provisions of prevailing law and regulation.
- Privy guarantees that only the User can view the Electronic Documents that the User uploads through the User Privy Account to the Enterprise Suite Service and any party to which the User grants permission to access such Electronic Documents for any purpose.
Limitation of Liability
Privy provides Enterprise Suite Services in "as is" conditions. The User understands that Privy does not make
representations or guarantee in any form that:
- the use of the Enterprise Suite Services will always be on time, always work uninterrupted, or always 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;
- Enterprise Suite Services can continue to operate and used in conjunction with other party devices or systems that are not provided or owned by Privy; and/or
- Enterprise Suite services will always meet your expectations.
- You understand that the Enterprise Suite Services may experience interruptions or delays caused by unavailability or interruption of the third-party services that User uses or due to interruptions, unavailability, or malfunction of certain features on the devices the User uses. The User agree to release Privy from any claims, demands, or lawsuits in connection with the non-implementation of the User’s instructions due to incomplete submission of information from the User or the cancellation or change of instructions submitted to Privy unless the implementation of such instructions is due to privy's intentional or gross negligence.
- You agree to release Privy from any claims, demands, and lawsuit for any consequences or losses arising in connection with: (i) the non-completion or delay of an electronic transaction; and/or (ii) any interruption, delay, change, or unavailability of Privy Services (including if Privy is unable to carry out or continue some or all the Use instructions or communications to Privy through the Privy Site or Application), caused by events or matters beyond Privy's control, including but not limited to natural disasters, wars, riots, government policies, banking system failures, monetary crises, changes, additions, deductions, transmissions, damages, losses, transfers, concealments on Privy systems, devices or Services resulting from the actions of a party intentionally and without rights or against the law, disruption or unavailability of third party services including disruption of internet networks, power, telecommunications, and electric current on an ongoing basis, or other matters beyond privy's power.
- You agree that Privy are not responsible for any consequences or losses arising from things as mention 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 the User uses of the Enterprise Suite Services.
- The User agrees to release Privy from any claims, demands, lawsuits, and compensation of any kind and any
party that arises in connection with:
- the provision of information or Personal Data by the User to Privy which violates the prevailing law or regulation, violates the rights (including intellectual property rights) of any other party or violates any contract, agreement, statement, decision, or document of which the User is a party or bound by it;
- Privy provides Enterprise Suite Services in "as is" conditions. The User understands that Privy does not make representations or guarantee in any form that:
Termination of Enterprise Account
- Based on its sole discretion, Privy can close or terminate your use of the User Enterprise Suite Services if
security threat to Privy systems Enterprise Suite Services or other users. Privy can remove the User’s
Personal Data in Privy Electronic Systems in connection with Enterprise Suite Services in the following case:
- You close or terminate the use of the Enterprise Suite User Service and the period for storing Personal Data in Electronic Systems under the provisions of other law and regulation has been exceeded; or
- There is a court order to delete the Personal Data contained in the Privy’s Electronic System at the request of the owner of the Personal Data.
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 conflict arise from or are related to matters
in the following manner:
- Either the User or Privy ("First Party") is obliged to provide written notification to the other party ("Second Party") of the Dispute ("Dispute Notification"). Disputes must be resolved by deliberation within thirty (30) calendar days from the date of Dispute Notification ("Period of Settlement of Deliberation")
- If the dispute cannot be resolved by deliberation until the end of the Deliberation 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 regulations on BANI located at
Wahana Graha Floors 1 and 2, Jl. Mampang Prapatan No. 2 Jakarta 12760, with the following provisions:
- The language used in arbitration 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 resolve the dispute.
- 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, the remaining provisions will not be canceled and will continue to apply in full force. Privy has the right to changed and/or change the canceled provisions with other provisions to the extent permitted by prevailing law and regulation.
Contacts and Notifications/Notifications
- Any notification from Privy addressed to the User will be announced through the Site and sent by e-mail or short message service (SMS) registered to the Privy Account or Enterprise Suite or Privy.
- Any notification from the User addressed to Privy becomes effective when the notification is received by Privy through the email address of the email@example.com and/or through physical documents sent to PT Privy Identitas Digital with the address Jl. Kemang Raya No. 34L, 2nd Floor, Bangka Village, Mampang Prapatan District, South Jakarta 12730, Indonesia.