1.1 “Privynow Account” means an account associated with the User in using the Privynow Service.
1.2 “Electronic Document” means any Electronic Information, including but not limited to Electronic Contracts, which are made, forwarded, delivered, received, or kept in analog, digital, electromagnetic, optical, or other forms alike, which can be seen, displayed, and/or heard through computer or electronic systems, including but not limited to writings, sound, pictures, maps, drafts, photos or the alike, letters, signs, numbers, access codes, symbols or perforations which has a meaning or can be understood by the persons who are able to understand it.
1.3 “Electronic Information” means one or a group of electronic data, including but not limited to writings, sound, pictures, maps, drafts, photos, electronic data interchange (EDI), electronic mails (e-mail), telegrams, telex, telecopies or the alike, letters, signs, numbers, access codes, symbols, or perforations which has been processed which has a meaning or can be understood by the persons who are able to understand it.
1.4 “Privynow Services” means Electronic Signature services provided by Privy through the Privynow trademark available through the Site, Application, or other media determined by Privy.
1.5 “User” or “You(r)” means any natural person, association, firm, corporation, legal entity, ministry, agency or organization that uses Privynow Services.
1.6 “Privynow Application” means mobile applications (apps) to use Privynow Services.
1.7 “Privy“, “Us” ,”We” or “Our” means PT Privy Identitas Digital.
1.8 “Site” means the https://www.privynow.com site or other sites declared by Privy from time to time
1.9 “Electronic Signature” means a signature which consists of Electronic Information that are attached to, associated with, or linked to other Electronic Information which are used as verification and authentication tools.
1.10 “Electronic Transaction” means an execution of legal conduct which is performed by using computer, computer network, and/or other electronic media.
2. Privynow Account and Its Use
2.1 To be able to use the Privynow Service, the User can register for a Privynow Account, through the available registration procedures.
2.2 Users represent and warrant that the information submitted and provided to Privy is correct, accurate, and complete information and the User is the owner or has legitimate control over the information submitted and provided (including control over telephone numbers and email addresses).
2.3 You are responsible for all activities and consequences that arise in connection with the use of the Privynow Account, and You will always maintain the confidentiality of your password very carefully. You are responsible for all losses and legal consequences arising from your mistake or negligence in maintaining the security of your Privynow Account. You will immediately notify Privynow about any suspected and security breaches or misuse of the Privynow Account.
2.4 Privy may use or disclose the User’s personal data in order to comply with legal and statutory provisions, in the context of law enforcement processes or taking further preventive actions in connection with unauthorized activities, suspected criminal acts or violations of laws or regulations. In connection with such use or disclosure, You discharge and release Privy from all claims, demands, compensation that may arise in connection with such use or disclosure.
3. Use of Services Limits
You agree not to use Privynow Services to conduct transactions or acts that: (i) violate the law or statutory provisions; (ii) violates Privy or third parties rights, including but not limited to privacy rights, copyrights, trademarks, patents, trade secrets, or other intellectual property rights, as well as contractual or other rights that are protected based on statutory provisions applicable; (iii) intentionally and without rights or against the law in any way altering, adding, reducing, transmitting, damaging, removing, transferring, concealing an Electronic Information in connection with Privynow Services; (iv) may damage or harm the reputation of Privy.
4.1 User gives consent to Privy to store and use User’s personal data for the benefit of Privy and/or its affiliates.
4.2 Users authorize Privy to use all information obtained by Privy from Users and perform all things that are deemed good and necessary for the benefit of improving Privynow Services received by Users in connection with the continuity of Privynow Services received by Users.
5. Electronic Signature Policy
5.1 By using the Privynow Service, You represent that You agree to use Electronic Documents and Electronic Signatures. You understand that Electronic Signatures have lawful legal force and legal effect based on the provisions of Law.
5.2 The User is personally responsible for :
a. determine the use, enforceability and acceptance of Electronic Documents and Electronic Signatures in accordance with the provisions or policies governing them, and accept risks in connection with the identity and authentication of the signers in using Electronic Signatures;
b. determine that the Privynow Service is in accordance with the needs of the Electronic Signature required by the User;
c. provide explanation to parties involved in the signing process regarding the legality of the Electronic Signature; and
d. If the User uses an API or other service that allows the User or the Signer to use another authentication method other than that provided by Privynow, the User is responsible for the authentication.
6. Confidentiality and Data Security
6.1 We take storage and security effort with special care to protect the confidentiality of User’s personal data from time to time.
6.2 Privy guarantees that any content uploaded and sent by User to Privynow Services will be stored securely and sent confidentially using industry electronic information security standards.
6.3 Privy will notify You in the event of a failure to protect the confidentiality of Your personal data in accordance with applicable laws and regulations.
6.4 Privy guarantees that only You can view the Electronic Documents that You upload through Your Privynow Account to the Privynow Services and other parties that You have given permission to access the Electronic Documents.
7. Intellectual Property Right
You and Your representatives, including all Your employees, do not obtain any property right or intellectual property rights, including but not limited to patents, copyright, brands, trade secrets, for content available on Privynow Services (including but not limited to all information, software, information, texts, letters, numbers, arrangement of color, images, logos, names, video and audio, features, and selection and design setting). You agree not to use Privy intellectual property right without Our prior written consent. You acknowledge that any actual attempt or violation of the provision relating the intellectual property rights will result in the termination of all User rights regarding Privynow Services.
8.1 In the event that You choose to purchase the Privynow Service, then You agree to pay a fee in accordance with the term and price stated on the Privynow Service that You choose. Payments can be made via the payment channels provided by Privynow.
8.2 Privy does not accept refund requests for any reason.
9. Termination of Service
9.3 Privy can erase your personal data in the Privy electronic system in terms of:
a. You have closed or terminated the use of Your Privynow Account and the personal data retention period in the electronic system based on other statutory provisions has been exceeded; or
b. There is a court order to delete personal data contained in the Privy electronic system based on the request of the owner of personal data.
Personal data that has been deleted by Privy cannot be displayed again.
10. Representations and Warranties
11. Limitation on Liability
11.1 Privy provides services in conditions “as is” or “as available”. You understand that We make no representations or guarantees in any form that:
a. The use of Privynow Services will always be in time, always work without interruption, or always free form changes, addition, reduction, transmissions, damage, losses, transfers, concealments cause by the action of a party intentionally and without right or against the law;
b. Privynow Services can continue to operate and be used in conjunction with other party equipment or systems that are not provided or owned by Us; and/or
c. Privynow Services will always meet Your expectation.
11.2 You understand that Privynow Services may experience interruptions or delays caused by unavailability or disruption of third-party services that You use or because of interruptions, unavailability or malfunctioning of certain features on the device You are using. You agree to release Us from any claims, demands or lawsuits in connection with the non-implementation of Your instructions due to the incomplete delivery of information from You or the cancellation or amendment of instructions submitted to Privy, unless the instruction is not carried out due to the intentional or gross negligence of Privy.
11.3 You agree to release Us from all claim for any consequences or losses arising in connection with : (i) the failure or delay of an Electronic Transaction; and/or (ii) there are disruption, delays, changes, or unavailability of Privynow Services (Including in the case that We cannot carry out or continue part or all of Your instructions or communications to Us through the Privynow’s Site or Application), caused by an event or matters beyond Our control, including but not limited to natural disaster, wars, riots, government policies, banking system failures, monetary crises, changer, addition, reduction, transmission, damage, losses, transfer, concealment of the system, devices, or services that are caused by the action of a party intentionally and without right or against the lay, disruption or unavailability of third party services, including interruption to the internet, power, telecommunication and electricity flows on an ongoing basis, or other matters outside of Our Power.
11.4 You agree that We are not responsible for any consequences or losses arising from the things mentioned above, including but not limited to: (i)loss of data; (ii) Your mistake or negligence so that the use of Your Privynow Account is used illegally by other parties; (iii) loss of income, profits or other income; and / or (iv) loss, damage or injury arising from Your use of Privynow Services.
11.5 You agree to release Us from all claims, demands, lawsuits and compensation of any kind and from any party that arises in connection with:
b. Provision of personal information or data by You to Us in violation of applicable laws or regulations, rights (including intellectual property rights) of any other party, or any contract, agreement, statement, decision or document in which You are parties or bound therein;
13. Governing Law and Dispute Resolution
13.1 This Policy shall be governed by, construed under and interpreted in accordance with the law of Republic of Indonesia
a. One of the parties, either You or Us (“First Party”) must submit written notice to the other party (“Second Party”) for the dispute (“Notification of Disputes”). Disputes must be resolved by deliberation within a maximum of thirty (30) calendar days from the date of the Notification of Disputes (“Deliberation Period”).
b. If the Dispute cannot be resolved by deliberation until the end of the Deliberation Period, the First Party and Second Party agree that the Dispute will be resolved by the Indonesian National Arbitration Board (“BANI”) according to the arbitration procedure rules at BANI located at Wahana Graha 1 st and 2 nd floor, Jl. Mampang Prapatan No. 2, Jakarta 12760, with the following conditions:
i. The language used in arbitration is Indonesia language;
ii. The place of arbitration is in Jakarta, Indonesia;
iii. First Party and Second Party will jointly appoint one (1) arbitrator who will become the sole arbitrator to resolve the dispute;
iv. The costs of arbitration and legal fees must be paid by the losing party; and;
v. The arbitration award is final and binding on the First Party and the Second Party.
14.1 In the event that this agreement is displayed in a variety of language choices and there is a discrepancy between one language and another language, then the Bahasa Indonesia text will apply.
15.1 In the event that some of these provisions cannot be implemented, the remaining provisions will 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 as long as allowed by the applicable laws and regulations.
16. Contact and Notification
Any notification from Us addressed to You or User will be announced through the Site and sent to User via electronic mail(e-mail) or short message service (SMS) registered to Privynow Account or Us.
Any notification from You or User addressed to Us becomes effective when the notification is received by Us through an e-mail address ) firstname.lastname@example.org and /or through physical documents sent to PT Privy Identitas Digital at Jl. Kemang Raya No. 34L, Level 2, kelurahan Bangka, Kecamatan Mampang Prapatan, Jakarta Selatan, 12730, Indonesia.