Warranty Policy

The following are definitions for some of the terms used in this Policy:

“Privy App" shall mean an application that can be accessed through website and/or mobile phone (mobile app) operated by PT Privy Identitas Digital.

"Maximum Warranty Limit" shall mean the maximum amount of loss covered under the Warranty as set forth in Section 7.1.

"Certification Practice Statement" or "CPS" shall mean the provision of CA's operational procedures including the procedures for issuing Privy Certificates, which is available at https://repository.privyca.id.

"Warranty" shall mean a warranty provided by Privy against losses suffered by the Insured Party due to errors or omissions committed by Privy or its RA as stipulated herein.

"Electronic Information" means one or a set of electronic data, including but not limited to writing, sounds, images, maps, designs, photographs, Electronic Data Interchange (EDI), electronic mail (e-mail), telegram, telex, telecopy or similar forms, letters, signs, numbers, access codes, symbols, or perforations that have been processed and have meaning or can be understood by a person capable of understanding them.

"Warranty Claim" shall mean a claim on the Warranty filed by the Insured Party.

"Private Key" shall mean a key that is a pair of the Certificate Holder's Public Key and is confidential. The Private Key is used to create a Digital Signature and/or decrypt electronic information that has been encrypted with its paired Public Key or vice versa.

"Public Key" shall mean the Certificate Holder's key that can be securely disclosed publicly, contained within the User’s Certificate and is the counterpart of the confidential Private Key used by the Certificate Holder. The Public Key is used by the Relying Party to verify Digital Signatures and/or to encrypt messages so that decryption can only be performed by the Certificate Holder using its paired Private Key or vice versa.

“Enterprise Suite Service” means Electronic Certificate services, Electronic Signature services, along with features for managing electronic documents and managing access to electronic documents, and/or other related additional features, which can be used on the Privy’s Site and/or Application by admins and employee accounts registered on the enterprise account, provided by Privy to the customer based on the active or applicable service period, as governed under the Enterprise Suite Services Terms of Use.

"Privy Service" or "Service" shall mean the Electronic Certificates issuance service, PrivySign, Privy Document Management System, PrivyPass, Electronic Seal, PrivyChat and/or other Privy services declared by Privy from time to time, both through the Website and the Privy Application.

"Warranty Period" shall be as referred to in section 2.5.

"Registration Authority" or "RA" shall mean a party that contractually cooperates with Privy, which is responsible for identifying and authenticating the Applicants. RA forwards the application process and/or Certificate revocation process to Privy.

"Key Pair" is two mathematically related cryptographic keys issued by Privy, where the key pair is referred to as the Private Key and the Public Key.

"Certificate Holder" or "User" shall mean any individual or legal entity/business entity that uses the Certificate issued to it by Privy and is legally bound by the CPS and the Subscriber Agreement.

"Applicant" shall mean an individual or legal entity/business entity submitting application for (including applying for renewal of) a Certificate.

"Relying Party" shall mean an individual or legal entity/business entity that trust and relies on Certificate and/or Digital Signatures issued by Privy.

"Certification Authority" or "CA" shall mean a legal entity that serves as a trustworthy party, which grants and audits Certificates.

"Subscriber Agreement" shall mean an agreement between Privy and the Certificate Holder that determines the rights and responsibilities of the parties, as available at https://repository.privy.id/.

"Relying Party Agreement" shall mean an agreement between Privy and Relying Party that determines the rights and responsibilities of the parties, as available at https://repository.privy.id/.

"Insured Party" shall mean the party referred to in section 2.3.

"Privy" shall mean PT Privy Identitas Digital.

"Electronic Certificate" or "Certificate" shall mean an electronic certificate issued and/or provided by Privy, which contains an Electronic Signature, and identity that shows the legal subject or parties in an electronic transaction.

"Valid Certificate" shall mean a Certificate issued by Privy but has not been revoked or its validity period has not expired.

“Site” shall mean to any URL that uses a domain with the address www.privy.id and/or http://www.privyca.id or any other site designated by Privy from time to time.

"Digital Signature" shall mean a type of Electronic Signature that uses asymmetric cryptographic methods and is proven by a Certificate.

"Electronic Signature" shall mean a signature consisting of Electronic Information attached, associated or related to other Electronic Information used as a verification and authentication tool.

"Uniform Resource Locator" or "URL" shall mean a series of listed websites, containing folder names, language protocols and so on.

This Policy applies to the party relying on the Certificate and confirms the terms of the Guarantee provided by Privy related to the reliance on the Certificate and/or Privy Services.

1. Guaranteed Certificate

   The Warranty is only provided to Certificates with a Certificate Level 2/Class 3 and Certificate Level 3/Class 4 classification, as defined in the CPS.

2. Non-covered Certificates

   This Warranty Policy does not cover the following:

   1. Certificates not specifically identified in section 2.1 above;
   2. Certificates intended for any demonstration/ testing purposes, whether provided free of charge or not, provided by Privy for purposes including, but not limited to, demonstration, trial or testing.
3. Insured Party

   This Policy only applies to the party relying on the Certificate, i.e. the Certificate Holder or the Relying Party.

4. Unauthorized Use of Certificates

   This Policy shall not apply to Certificates issued by Privy but used illegally and in violation of the law, provisions of applicable laws and regulations, Subscriber Agreement, and CPS.

5. Warranty Period

   The Warranty Period shall be for the period of the Valid Certificate.

Privy provides warranties for matters as described below:

1. Error in Identification

   Privy shall bear any losses caused by errors or omissions of Privy and its RA, including verifiers and employees, in identifying the identity of the Applicant as part of the Certificate issuance process as stipulated under the CPS, whether for individual/personal Certificates or individual Certificates affiliated with a legal entity/business entity.

   In the event that an affiliated individual Certificate is issued through a designation and User management mechanism carried out by a Relying Party that is a legal entity/business entity within the scope of the Enterprise Suite Services, Privy’s responsibility shall be limited to performing the Applicant’s identity verification in accordance with the CPS. Responsibility for determining the relationship, authority, or affiliation of the Certificate Holder, as well as for User management, the granting of access, or the revocation of the Certificate, shall rest with the Relying Party.

2. Lost Documents

   Privy shall cover losses due to accidental loss related to documents used in the identification process that the Applicant submits to Privy for the needs of issuance of Certificate.

3. Intentional or Unintentional Errors

   Privy shall bear the loss due to errors, whether made intentionally or unintentionally, in entering information in Certificates issued by Privy and its RA as required under the CPS. This warranty shall not cover any information contained in an affiliated individual Certificate that originates from or is entered based on the designation or determination of the relationship, authority, or affiliation of the Certificate Holder by the Relying Party within the scope of the Enterprise Suite Services.

The warranty as set forth in section 3 above shall not apply in the event of at least one of the following:

1. An agreement exists between Privy and the Relying Party through other contracts that regulate the limitation of liability for losses incurred due to the issuance of a Certificate, where the identity verification of the Certificate Holder, in part or in full, is not carried out by Privy.
2. Losses arising from any error or negligence of the Relying Party in determining the relationship, authority, or affiliation of the Certificate Holder with the Relying Party in respect of an affiliated individual Certificate, as well as in the designation, User management, granting of access, or submission of a request for revocation of an affiliated individual Certificate issued within the scope of the Enterprise Suite Services.
3. Failure or delay by the Certificate Holder to apply for Certificate revocation when required.
4. Failure, error, or omission of the Certificate Holder to protect and keep confidential the possession of its Private Key, leading to the compromise or unauthorized access of the Private Key
5. Failure or negligence of the Certificate Holder or Relying Party to fulfill obligations under the Subscriber Agreement, CPS, or other agreements with Privy.
6. Failure, error or negligence of the Certificate Holder and/or the Relying Party in applying reasonable security measures, either prior to or during transmission or further processing, in securing the information sent or received by the Certificate Holder and/or the Relying Party.
7. Unlawful or criminal acts by the Certificate Holder or Relying Party in using or relying on the Certificate.
8. Unauthorized and illegal use of the Certificate by the Certificate Holder, in violation of applicable laws and regulations, the Subscriber Agreement, and the CPS.
9. Loss or damage caused by the Certificate Holder or Relying Party due to the misuse of internet services and/or telecommunication services. This also includes the use or reproduction of computer viruses or other cyber-attacks.
10. The Relying Party's unreasonable or unjustified reliance on the information contained in the Certificate given what the Relying Party knows or should know, or based on a series of transactions entered into by the Relying Party, as described in the Relying Party Agreement and the CPS.
11. Failure of any communication, service or other equipment that is not under the exclusive control or ownership of Privy.

1. General

   All Claims of Warranty can only be submitted by the Insured Party through the submission of a payment request as set out in section 6.

2. Time Limit

   A request for payment must be submitted in writing to Privy no later than 14 (fourteen) calendar days from the discovery of the error as stated in section 3.

3. Claim Submission Time

   Submission of payment requests along with all documentation must be submitted to Privy during the Warranty Period.

4. Proof

   Payment for Claims of Warranty will only be made if the party submitting the Claims of Warranty can demonstrate that a loss has occurred due to matters included in the scope of coverage in section 3, provided that such losses do not fall within the exclusions as set out in section 4. Privy reserves the right to unilaterally decide on the payment for Claims of Warranty, based on facts found and investigations conducted by Privy (either independently or by appointing a third party) together with the party submitting the Claims of Warranty, or based on a court decision.

1. Procedures

   To make a request for payment, the party submitting the Claim of Warranty must:

   1. Submit a written request either through digitally signed electronic documents (along with proof that the request falls within the coverage scope) to the email address helpdesk@privy.id, or through physically signed documents addressed to PT Privy Identitas Digital at CIBIS NINE, 8^th Floor, Jl. T.B. Simatupang No. 2, RT 001, RW 005, East Cilandak Sub-District, Pasar Minggu District, South Jakarta, 12560, Indonesia. The request is considered received once an acknowledgement of receipt is provided;
   2. Grants its subrogation rights to Privy for any and all claims it has against third parties for losses that may result in compensation payment by Privy to the Insured Party, up to the amount paid by Privy.
2. Rejection of Claim

   Claim of Warranty will be rejected by Privy if the Insured Party cannot fulfill the following conditions, namely:

   1. The Claim of Warranty is not submitted by the Insured Party;
   2. The Insured Party cannot prove the occurrence of the loss;
   3. The party submitting the Claim of Guarantee delays notifying Privy regarding the damage or failure as required under the Warranty claim procedure set forth in section 5; or
   4. The submission of Claim of Warranty is made outside the Warranty Period.

1. Maximum Warranty Limit

   The Maximum Warranty Limit for 1 (one) Certificate shall be Rp 3,000,000,000 (three billion rupiah).

   When the payment of a Claim of Warranty has met the specified Maximum Warranty Limit, Privy has no further obligation to pay any compensation, either to the initial party who submitted the claim, or to any other party for the same 1 (one) Certificate, unless required by applicable law and through a court decision.

2. Distribution of Payment of Claim

   A Payment of Claim is distributed based on the "first come, first serve" principle, where the Payment of Claim will be given to the party who submits the Claim of Warranty first.

   Privy will not pay more than the Maximum Warranty Limit for each issued Certificate, regardless of the number of parties who submitted the claim, or the amount of loss incurred by the Insured Party.

3. New Certificate

   Each new Certificate issued to the Certificate Holder, whether due to the expiration of a Valid Certificate or due to an application for Certificate revocation, or for any other reason, shall have a new Warranty Period corresponding to the validity period of the Certificate.

4. Single Payment

   Payments made upon submission of a Claim of Warranty will be paid on a single basis regardless of the number of the Insured Party relying on the Certificate.

This Policy is subject to and construed in accordance with the laws of the Republic of Indonesia.

The Insured Party and Privy agree that all disputes or disagreements arising from or relating to matters governed by this Policy (including all disputes or disagreements caused by unlawful acts or violations of one or more terms and conditions in this Policy) ("Disputes") will be resolved in the following manner:

1. One of the parties, either the Insured Party or Privy, must submit written notification to the other party of the occurrence of a Dispute ("Dispute Notification"). Disputes must be resolved by deliberation to reach consensus within a maximum of 30 (thirty) calendar days from the date of the Dispute Notification ("Deliberation Period").
2. If the Dispute cannot be resolved by deliberation until the end of the Deliberation Period, the Insured Party and Privy agree that the Dispute will be referred and resolved through the Indonesian National Arbitration Board ("BANI") in accordance with the BANI’s Rules and Procedures for arbitration located at Wahana Graha, 1^st and 2^nd floors, Jalan Mampang Prapatan Number 2, Jakarta 12760, with the following provisions:
   1. The language used in the arbitration shall be Bahasa Indonesia;
   2. The place of arbitration shall be in Jakarta, Indonesia;
   3. The Insured Party and Privy will collectively appoint 1 (one) arbitrator who will be the sole arbitrator to resolve the Dispute;
   4. Arbitration costs and legal fees shall be paid by the losing party; and
   5. The arbitration award shall be final and binding on the Insured Party and the Privy.

In the event that this Policy is presented in multiple language options and in the event of any inconsistency between one language and another, then the Bahasa Indonesia text shall prevail.

1. Violation of Other Agreements by the Insured Party

   In the event that the Insured Party violates its warranties or obligations, including other agreements that have been agreed with Privy, then this will result in the cancellation of all Warranties stipulated herein.

2. Renewals and Amendments

   Privy may renew and amend this Policy from time to time.

3. Notification

   Every notification from Privy to the User will be announced through the Website, or sent via electronic mail (e-mail), short message service (SMS), and/or push notification through the Privy App installed on the User's device registered with Privy. Every notification from the User addressed to Privy shall become effective when the notification is received by Privy via email address helpdesk@privy.id and/or through physical documents sent to PT Privy Identitas Digital at CIBIS NINE, 8th Floor, Jl. T.B. Simatupang No. 2, RT 001, RW 005, East Cilandak Sub-District, Pasar Minggu District, South Jakarta, 12560, Indonesia.

4. Force Majeure

   The User agrees to release Privy from all lawsuits, claims, consequences, or losses arising in connection with:

   1. failure or delay of electronic transactions; and/or
   2. interruptions, delays, changes, or unavailability of the Website or Privy App to use the Certificate (including in the event that Privy is unable to carry out or continue some or all of the User's instructions or communications to Privy through the Website or Privy App), caused by events or matters beyond Privy's control, including but not limited to earthquakes, storms, hurricanes, landslides, floods or prolonged droughts, tsunamis, volcanic eruptions, plagues, pandemics, epidemics, radiation or nuclear explosions, fires, accidents, radioactive radiation, shock waves due to airplanes other floating objects at or above the speed of sound, strikes, blockades, boycotts, riots, coups, revolutions, armed conflicts, wars (whether declared or undeclared), acts or threats of terrorism, piracy, sabotages, criminal acts, blackouts, and government actions or policies.
5. Validity Provisions

   The provisions outlined in this Policy are aligned with the CPS Privy. In the event of any conflict between this Policy and the CPS, the CPS shall prevail, and this Policy will be adjusted to comply with the CPS and applicable laws and regulations.

6. Severability

   In the event that part of this Policy is unenforceable, the remaining provisions herein shall not be null and void and will continue to apply in full force. Privy has the right to replace and/or change the null provisions with other provisions provided that it is permitted by the applicable laws and regulations.