Terms of Use PrivyPass

Effective Date: April 20, 2022

PrivyPass Terms of Use

Welcome to PrivyPass. PT Privy Identitas Digital ("Privy") provides various types of services, therefore some additional terms and conditions may apply at the time the User uses the Privy Service. By creating a Privy Account or using the Privy Services, the User may automatically use PrivyPass so that the User acknowledge that they have read, understood, and agreed to these Terms of Use.

These Terms of Use 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 they are uploaded on the Site. Privy recommends that Users check the Site for any changes to these Terms of Use from time to time.

By continuing to access or use the PrivyPass Services, the User is deemed to agree to changes to these Terms of Use. If the User does not agree to the change in Terms of Use, the User can contact Privy to terminate the Privy Account and Privy Services.

These Terms of Use apply specifically to the use of the PrivyPass Services and govern the agreement between Privy and the User.

Please read these Terms of Use carefully.

Definitions
1. "PrivyID" means an alphanumeric code issued by Privy, which may be associated with a unique name, to identify the User in using the Privy Service.
2. "Privy Account" means any account issued by Privy, under the name PrivyID, where each account owner will be given a userID, choose a password, and can store their Personal Data.
3. "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), e-mails, telegrams, telexes, telecopy or the like, letters, signs, numbers, access codes, symbols, or perforations that have been processed that have meaning or can be understood by those who can understand them.
4. "Privy Services" means the Electronic Certificate issuance service, Privy Electronic Signatures creation, Privy Document Management System, PrivyPass, and/or other Privy services stated by Privy from time to time, either through the Privy Site or Application.
5. "PrivyPass" or "PrivyPass Services" is a digital identity service accessible through the Privy Site and/or Application, which is a single entity of the Privy Services.
6. "User" means any person who uses the PrivyPass Service.
7. "Privy Application" means a mobile application operated by PT Privy Identitas Digital.
8. "Privy" Privy means PT Privy Identitas Digital.
9. "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 the party to in an Electronic Transaction.
10. "Site" means any URL that uses a domain with the addres "www.privy.id" or any other site stated by Privy from time to time.
11. “"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 PrivySign or Privy Services.
12. "Electronic Transactions" means legal acts performed using computers, computer networks, and/or other electronic media.
13. "Personal Data" means any data about a person either identified and/or individually identifiable or combined with other information either directly or indirectly through electronic and/or non-electronic systems.
14. "Owner of Personal Data" is an individual as a data subject who has Personal Data attached to him.
15. "Basic Data" is the Personal Data required by Privy to be able to issue a PrivyID and create a Privy Account.
16. "Advance Data" is a group of Personal Data that Users may store through features on PrivyPass about the use of existing services.
17. "Dynamic data" is data that Users provide in the form of dynamic and changing information that will not be stored in PrivyPass.
18. "Third Party" is an individual, legal entity, business entity, and/or other parties that cooperate with Privy and can be proven by a document binding on the rights and obligations of each party.
19. "Uniform Resource Locator" or "URL", is a series of websites listed, containing folder names, language protocols, and so on.
20. "Appstore" is an app distribution platform for iOS developed and maintained by multinational technology company Apple Inc.
21. "Playstore" also commonly known as GooglePlay is a digital distribution service operated and developed by Google that serves as the official app store for the Android operating system.
Privy Account Registration:
1. To be able to use the PrivyPass Service, 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 who have cooperated with Privy. For convenience in using PrivyPass, the User are required to only 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.
2. To create a PrivyID and/or Privy Account, the User may be asked to provide Privy with some information and User’s Personal Data. In connection with the creation of a Privy Account and the use of the Privy Service, the User agrees to provide Privy information and Personal Data correctly, clearly, accurately, and thoroughly when requested, including the data listed in the Identity Card (KTP) or other identity cards, mobile phone number, electronic mail address, and face or selfie record, IP Address, login information, geolocation and browser version. The User will immediately update the information and Personal 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 such information and Personal Data can be made accordance with these Terms of Use. Privy has the right to verify changes, additions, or updates such information and Personal Data by Privy's procedures.
3. If the User provides statements, guarantee, information, or Personal Data that are untrue, unclear, inaccurate, or incomplete, 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 the Privy Services provided to the User.
4. The User are responsible for all activities and consequences arise connection with the use of PrivyID, Privy Account, and/or User’s password, and the User is obliged to maintain the confidentiality of the User's password with great care. All activities carried out using the PrivyID and/or The 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's 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 of using PrivyID, Privy Account, and/or password or security threats.
5. Privy issues an Electronic Certificate for each Privy Account, and any Electronic Certificate issued by Privy is subject to the terms of use of an electronic certificate consisting of:
  - Certificate Practice Statement (CPS).
  - Warranty Agreement.
  - Relying Party Agreement.
  - Subcriber Agreement; and
  - Privacy Policy,
  all of them can be accessed through https://repository.privy.id/ link and are an integral and inseparable part of these Terms of Use.
Use of PrivyPass Services:
1. PrivyPass or PrivyPass Service is a digital identity service that can be accessed through the Privy Site and/or Application, which is an entity of the Privy Service that aims to facilitate Users in registration activities and/or access to a service on Third Parties who have cooperated with Privy. PrivyPass allows Users to enter User’s Personal Data such as Population Master Number (NIK), blood type, address, and so on into the Privy Application to make it easier for User to store, access or control such information in just one hand through the available features.
2. Only User who have PrivyID and/or Privy Account can use PrivyPass.
3. Users are not allowed to transfer the User's Privy Account to any party.
4. The User understands that all communications and instructions of the User received by Privy will be treated as evidence even if they are not made in the form of written documents or wet signatures, and the User agrees to release Privy from any claims, demands, and compensation that may arise in connection with the execution of the User's instructions.
5. Fraudsters will use various ways to gain access to the User’s Privy Account so that they can log in or move by using the User's Privy Account, for those Privy urges Users not to provide One Time Password (OTP) codes and /or other confidential data such as password in any form and manner to a party claiming to be Privy. If there is any dubious information, please contact Privy immediately through the contacts listed in these Terms of Use. Privy is not responsible for any losses if the User provides personal and confidential data of any kind to other parties.
6. Privy has the right to terminate access to the Privy Account and terminate the Privy Services at any time in the event of a breach of these Terms of Use, and the User accepts the risk that the data and information recorded in the User's Privy Account cannot be accessed or obtained again by the User after such cut off or termination.
Use of PrivyPass through Third Party Platforms
The User's Privy Account may be used to log in on Third-Party platforms by using PrivyPass services. Any disclosure of information and/or other activities that Users undertake on Third Party Platforms is beyond the Privy's responsibility.
Service Usage Limits
The User undertakes not to use the PrivyPass Service to make transactions or acts that: (i) violate any laws or provisions of laws and regulations; (ii) violate the rights of Privy, Third Parties, and/or other 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 PrivyPass Service; (iv) could damage or distrub the Privy’s reputation.
Representation and Warranties
The User represents and warrants that:
1. The User are legally capable and authorized to take legal actions under the laws of the Republic of Indonesia, including binding themselves to and implementing all the terms and conditions in these Terms of Use.
2. The User has read and understood the full contents of these Terms of Use, and therefore voluntarily agrees to submit to and implement all the terms and conditions in these Terms of Use.
3. The User hereby declares and guarantees that the User uses of PrivyPass by the User will only be used in accordance with what has been determined in these Terms of Use in good faith and with full prudence and for legitimate purposes and does not violate the prevailing legal provisions in the Republic of Indonesia.
Data Use / Data Usage:
1. By providing User’s data on the Privy Site or Application, the User agrees that Privy has the right to store and process The User's Personal Data to maintain Privy services to the extent permitted under applicable law.
2. The User agrees that Privy has the right to use any information that Privy obtains from the User and do everything it deems good and necessary for the benefit of improving Privy Services.
3. The use of User Personal Data is subject to the provisions set out in the Privy Privacy policy as available on the link https://privy.id/privacy-policy
4. User may use a Privy Account to register for and/or use the services provided by Third Parties with PrivyPass. By using PrivyPass, the User agrees that Privy, at the behest of the User, may provide the User's Personal Data to the Third Party for storage and processing by such Third Party. The storage and processing of User Personal Data by such Third Parties will be subject to the terms and conditions and/or privacy policies of each Third Party and is not governed by these Terms of Use. Privy shall not be liable for any consequences or losses arising in connection with the storage and processing of User’s Personal Data that has been received by such Third Parties.
5. As a user, the User is responsible for any consent that the User has results in the entry into force of the terms and conditions and/or privacy policies of each third party concerned. In requesting the User's consent, Privy will endeavor to provide all the information the User needs to help the User understand the actions the User takes on the User's Personal Data. If information regarding the terms and conditions and/or privacy policies of each Third Party that may apply to the User is not provided by Privy, the User is responsible for figuring out any third-party provisions applicable to the User if consent is given to the Third Party by contacting him or her through the relevant Third Party's authorized contact person. The User has full control over the Third Party who may access the User's Personal Data through the consent that the User may provide. Privy will only go as far as the consent that the User gives. In the event of an event that harms the User due to the consent that the User has given Privy, Privy cannot be held liable. Any losses and consequences arising from negligence, errors, and precautions in the consent that the User gives are the sole responsibility of the User.
6. As a user, the User is responsible for any consent that the User has results in the entry into force of the terms and conditions and/or privacy policies of each third party concerned. In requesting the User's consent, Privy will endeavor to provide all the information the User needs to help the User understand the actions the User takes on the User's Personal Data. If information regarding the terms and conditions and/or privacy policies of each Third Party that may apply to the User is not provided by Privy, the User is responsible for figuring out any third-party provisions applicable to the User if consent is given to the Third Party by contacting him or her through the relevant Third Party's authorized contact person. The User has full control over the Third Party who may access the User's Personal Data through the consent that the User may provide. Privy will only go as far as the consent that the User gives. In the event of an event that harms the User due to the consent that the User has given Privy, Privy cannot be held liable. Any losses and consequences arising from negligence, errors, and precautions in the consent that the User gives are the sole responsibility of the User.
7. Users cannot change or delete Basic Data through the Privy Site or Application. To be able to do so, the User must contact Privy through the contacts available under these Terms of Use.
8. The User understands that in the event of a request for changes to the User's Personal Data, Privy may require verification in advance. In the verification carried out by Privy is unsuccessful, Privy has the right to reject the application.
9. Privy will only retain data until it is no longer necessary to provide Privy Services, or until the User's Privy Account is deleted, whichever comes first, by prevailing law and regulation.
10. Privy may use or disclose User Personal Data to comply with the provisions of law and regulation, in the framework of law enforcement proceedings or by taking further precautions in connection with unauthorized activities, alleged criminal acts, or violations of laws or regulations. In connection with such use or disclosure, the User releases and releases Privy from any claims, demands, or compensation that may arise in connection with such use or disclosure.
11. Privy has theright to at any time change or terminate access to some or all PrivyServices including PrivyPass for the time being if further repair and/or management is required to improve services to the User or in the event of any alleged leak or security breach without prior notification to the User.
Termination of PrivyPass Service Usage
1. In the event User wishes to terminate the use of the PrivyPass Service, the User must close the User's Privy Account and comply with the terms of termination of the Privy Account.
2. The User's Privy Account will be valid without time limitation except in the event that the User sends a written request to the Privy e-mail address stated in these Terms of Use to close/terminate the use of the User's Privy Account.
3. The User understands that in the event of a written request for the termination of the Privy Account from the User, Privy may require verification in advance and request some additional data. In the Event verification carried out by Privy is not successful, then Privy has the right to refuse the application.
4. Privy in its sole discretion, may close or terminate the use of the User's Privy Account if the User violates these Terms of Use, performs activities that can cause harm to Privy, or presents a security threat to Privy systems, Privy Services, or other Users. Privy may delete User’s Personal Data in Privy's electronic system in the event of:
  - The User closes or terminates the use of the User’s Privy Account and the period of storage of Personal Data in electronic systems under the provisions of other law and regulation has been exceeded; or
  - there is a court order to delete personal data contained in Privy electronic systems at the request of the owner of Personal Data. Personal Data that Privy has deleted cannot be displayed again.
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 PrivyPass 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 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 provisons related to intellectual property rights will result in the termination of all User rights regarding PrivyPass Services.
Security and Confidentiality
1. Privy takes security and storage efforts with great care to protect the confidentiality of User’s Personal Data from time to time.
2. Any Electronic Information uploaded and sent by the User to PrivyPass will be stored securely and sent confidentially using industry electronic information security standards.
3. Privy will notify the User in the event of a failure to protect the confidentiality User's Personal Data in Privy electronic systems by the provisions of prevailing law andregulation.
4. Only Users and other parties the User grants permission may view the Electronic Information that the User uploads through the User's Privy Account to PrivyPass.
5. The User understands that Privy may provide access to or disclose the User's Personal Data to comply with the provisions of law and regulation, in the context of law enforcement processes or the take further preventive in connection with unauthorized activities, suspected criminal acts, or violations of laws and regulations.
Limitation of Liability
1. Privy provides PrivyPass in "as is" conditions. User understands that Privy do not make a statement or warranties of any form that:
  - The use of PrivyPass will always be on time, always work without interruption, or always 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;
  - PrivyPass Services may continue to operate and used in conjunction with other party devices or systems that are not provided or owned by Privy; amd/or
  - PrivyPass service will always meet User expectations.
2. The User understands that the PrivyPass Service may experience interruptions or delays due to unavailability or interruption of the Third-Party Services that the User uses or due to interruptions, unavailability, or malfunction of certain features on the devices the User uses. The User agrees to release Privy from any 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.
3. The User agrees to release Privy from any 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 PrivyPass services (including in the event that Privy is unable to carry out or continue part or all of the User's 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, alterations, additions, deductions, transmissions, damages, losses, transfers, concealments to 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 control.
4. The User agrees that Privy is not responsible for any consequences or losses from the things 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 the User uses of PrivyPass services.
5. The User agrees to release Privy from any claims, demands, lawsuits, and compensation of any kind and any party arising in connection with:
  - Privy's use of information or Personal Data based on these Terms of Use, or based on the approval, acknowledge, authority, power, and/or rights that the User has given to Privy;
  - The provision of information or Personal Data by the User to Privy that is violates of 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 or is bound therein;
  - Unauthorized use of PrivyPass Services, violates the laws and prevailing law and regulation, rights (including intellectual property rights) of any other party, or violates any contract, agreement, statement, decision, or document to which the User is a party or is bound by it, or violates these Terms of Use.
Applicable Law and Dispute Resolution
1. These Terms of Use are regulated and interpreted based the laws of the Republic of Indonesia.
2. The User and Privy agree that all dispute or conflict arising out of or relating to the matters set out in these Terms of Use (including any dispute or conflict caused by an illegal acts or violation of one or more terms and conditions in these Terms of Use) ("Dispute") will be resolved in the following manner:
  1. One of the parties, either the User or Privy ("First Party") is required to provide written notice to the other party ("Second Party") of the Dispute ("Dispute Notification"). Disputes must be resolved by deliberation and consensus within thirty (30) calendar days from the date of Dispute Notification (“Deliberative Settlement Period”);
  2. If the dispute cannot be resolved by deliberation and consensus 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") by the arbitration procedure at BANI located at Wahana Graha Floors 1 and 2, Jl. Mampang Prapatan No. 2 Jakarta 12760, with the following provisions:
    1. In the arbitration, the language used is Bahasa Indonesia;
    2. The place of arbitration is in Jakarta, Indonesia;
    3. The First Party and the Second Party shall jointly appoint one (1) arbitrator who shall be the sole arbitrator to resolve the dispute;
    4. Arbitration costs and legal fees must be borne by the losing party; and
    5. The arbitral award is final and binding on the First Party and the Second Party.
Language
In the event that these Terms of Use are displayed in a various language option and there is a mismatch between one language and another, then the Bahasa Indonesian text will apply.
Severability
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 replace and/or change the canceled provisions with other provisions to the extent permitted by the prevailing law and regulation.
Contacts and Notifications/Notifications
1. Any notification from Privy addressed to the User will be announced through the Site and sent by e-mail, Short Message Service (SMS), or push notification via a Privy Application installed on the device of the User registered with Privy.
2. Any notification from the User addressed to Privy becomes effective when the notification is received by Privy through an e-mail address helpdesk@privy.id 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.