USER PRIVACY
POLICY
Ximply application and website
(hereinafter referred to as "We/Ximply") are wholly owned and
operated by PT Aplikasi Lintas Bangsa (hereinafter referred to as
"Company"). Ximply upholds your privacy and protects your personal
data. In order to provide you with more convenient services, we will collect,
store, process, organize, use or disclose and/or delete or destroy your
Personal information that we receive as Users or third parties ("Personal
Data Processing"), based on the scope agreed in this Privacy Policy. This
Privacy Policy applies to all persons and entities who access or use Our
Platform and/or Services. Therefore, We advise You to read this Privacy Policy
carefully, to help You understand how to protect Your Privacy rights. So that
You can better understand this Privacy Policy, We will use "bold"
typing to indicate the terms in this Privacy Policy that have or may affect
Your interests. When you click the "Agree" button, you are deemed to
have agreed to all the terms of this Privacy Policy and understand how to
protect your personal information and agree to the legal use of your personal
information.
The legal basis of this Privacy
Policy is:
1. Law No.27 of 2022
concerning Personal Data Protection.
2. Law No.11 of 2008
concerning Electronic Information and Transactions which has been amended into
Law of the Republic of Indonesia No.19 of 2016.
3. Regulation of the Minister
of Communication and Informatics Number 20 of 2016 concerning Protection of
Personal Data in Electronic Systems along with all implementing regulations,
changes, amendments, modifications and/or additions made from time to time.
This Privacy Policy consists of the
following provisions:
ARTICLE 1
DEFINITIONS
Other than as specified
elsewhere in this Privacy Policy, the following terms will have the
definitions, meanings and be interpreted as specified below:
1.1.
"You" means referring to a
person, business entity, as a User of the Ximply Platform and/or Services.
1.2.
"Personal Data" means including all data,
information and documents, both electronic and non-electronic, of or concerning
the User and/or the User's related parties (including but not limited to the
User's family, colleagues, employees, companies or service providers, if
required) received or accessed by Us from the User, submitted, provided or
disclosed by the User to Us, according to the relevant User's consent and
stored and managed in connection with the provision of Services on the Platform
and in the context of utilization of Services on the Platform by the User.
1.3.
“We" means PT Aplikasi Lintas Bangsa, a technology
service provider company that offers businesses in Indonesia access to its
proprietary Platform where businesses can, among other things, track, budget,
and manage income and expenses through the Ximply application.
1.4.
"Services" means services provided
and/or provided through the ximply application/platform including products in
the ximply application/platform.
1.5.
"Platform" means (a) the web portal
and/or mobile version of the web portal created, owned and operated by the
Company currently located at and accessible at the following URL: www.XIMPLY.io
and any changes to such URL from time to time; and/or (b) the mobile
applications of Ximply created, owned and operated by the Company, including
iOS and Android and any changes thereto from time to time.
1.6.
"PDP Law" means Law of the Republic
of Indonesia No.27 Year 2022 on Personal Data Protection.
1.7.
"Perkominfo
No.20/2016" means the Regulation of the Minister of Communication and Information
Technology No.20/2016 on the Protection of Personal Data in Electronic Systems
and all implementing regulations, changes, amendments, modifications and/or
additions made from time to time.
1.8.
"ITE Law" means Law of the Republic
of Indonesia No.11 of 2008 on Electronic Information and Transactions as last
amended by Law of the Republic of Indonesia No.19 of 2016.
1.9.
"Electronic
Signature" means a signature consisting of Electronic Information attached,
associated or related to other Electronic Information used as a verification
and authentication tool.
1.10.
“Application Programming
Interface" (API) is an interface that can connect one application with
another application that acts as an intermediary between the various different
applications contained in the Ximply Platform that we need to validate the
personal data inputted on the Platform.
1.11.
"Partner" is all of our business
partners who cooperate with us and have a special engagement in the form of a
cooperation agreement that provides services and additional benefits for You,
so that You can use and enjoy, where in the use of these services, We, with
Your consent, can process and transfer some or all of the personal data that
You provide through Our Platform, to be used by Partners in providing their
services to You according to Your choices and decisions.
ARTICLE 2
PERSONAL INFORMATION
COLLECTION
AND ACQUISITION OF PERSONAL INFORMATION
2.1.
As long as You access, use this application and Our services,
You will provide Your personal information to Us and other information for the
purpose of processing Your personal data and for other purposes as long as
agreed by You in advance and based on applicable laws and regulations. Your
Personal Information collected is as follows:
a)
By using, visiting and registering this application, you will
independently provide your Personal information to us, at the time of:
1) Creating or updating an
account, including your name (username), email address, phone number, pin,
password, address, photo, location and other information that identifies you as
a User of the application;
2) Fill out an application
form, using your identity, namely: full name, gender, identity card number,
biometric information i.e. selfie, employment information, personal financial
information;
3) Accessing our app,
requesting access to your activities on your phone, namely the following: App
Install, Camera, Microphone and GPS;
4) Using and accessing
services on the app, related to products and services, how you view and
interact with content, information you search for, content you view, and
actions you take on the app;
5) Fill in payment data when
you use services on the application, namely your account number; including but
not limited to bank account data, virtual accounts, instant payments, internet
banking, retail outlets; and / or other data in connection with products and
services on the Platform;
6) Use features on the
application that require permission to access relevant data stored on your
device; and/or participate in surveys, assessments, or sweepstakes through the
application and If you participate, we may request certain additional information
from you.
b)
Data recorded when you use our application, namely:
1) a unique identification
number created by us associated with the installation of the software
("User ID") at the time you register with the application and use the
application to conduct transactions at merchants provided by us; real or
estimated location data i.e. IP address and geo-location;
2) time-stamped data of any
of your activities in connection with the use of the app, registration, login
and transaction times;
3) usage data or your
preferences, such as your interactions in using the app, saved choices and
selected settings. Such data is obtained using cookies, pixel tags and similar
technologies that create and maintain unique identifiers; and/or
4) log data, including
records on the server that received the data, namely the IP address of the
device, date and time of access, application features or pages viewed,
application work processes and other system activities, browser type, and/or
third party sites or services that you used before interacting with our
application.
c)
By accessing this application, you grant us access (i) to
know your location while using this application and/or (ii) to know the
transactions you make at the store merchant partners who are our Partners.
d)
As well as data obtained from other sources during your
access, use of our application; and at publicly available sources including but
not limited to credit scoring agencies or bureaus, vendors, partners and other
parties who provide services to us, perform tasks on our behalf, or with whom
we will collaborate. In such cases, We will only collect Your Personal
Information for or in connection with the purposes for which such third parties
are involved or the purposes of Our cooperation with such third parties.
e)
As well as data obtained from other sources during your
access, use of our application; and at publicly available sources including but
not limited to credit scoring agencies or bureaus, vendors, partners and other
parties who provide services to us, perform tasks on our behalf, or with whom
we will collaborate. In such cases, We will only collect Your Personal
Information for or in connection with the purposes for which such third parties
are involved or the purposes of Our cooperation with such third parties.
2.2.
In order to provide you with better and more convenient
services, including but not limited to the provision of our services, provision
of information on our marketing promotions, dispute resolution, transaction
security guarantees, provision of information related to service improvement,
information regarding business scale expansion, cooperation with third parties,
conducting user satisfaction surveys, etc., we will collect, store, process,
organize, use and disclose your personal information by ourselves or to
affiliated companies, third party cooperation agencies, credit agencies and
other third parties that provide credit scoring services. We will use encrypted
security systems to collect, store, process, organize, use and disclose your
personal information.
THE USE OF PERSONAL INFORMATION
2.3.
You agree that We reserve the right to store, process,
organize, use, transfer and disclose the personal information that You provide
through the above terms and conditions, including but not limited to:
1) Disclose your personal
information in this app to provide services to you;
2) Acquire, assess, organize
and store your personal information by manual or automated procedures;
3) Using your personal
information to improve design, promotion, service provision, dispute
resolution, transaction security assurance, improving service type or business
scope, business scale expansion, and cooperation with third parties etc;
4) Use the contact
information you provide to contact you and communicate information about
services and management to you;
5) Analyzing Your personal
information and providing information tailored to Your needs to third parties
as Partners who provide services to You;
6) Transferring your personal
information for the benefit of Our business partners in providing services that
you choose and according to your needs;
7) Conduct monitoring related
to transactions made by users in terms of purchasing services or products
provided and offered by Ximply on the platform;
8) Validate your requests,
activities or transactions and increase the chance of getting approval for the
services we provide. We may also use the information we collect to verify your
identity as a User to prevent fraud, formulate statistical models related to
credit scoring, formulate statistical models related to your phone usage
patterns, contact you regarding the account you are using on our application,
research the effectiveness of the application in conducting marketing, allow
banks and other financial institutions to check your account on our application;
2.4.
Assist Users when communicating with our customer service,
including to:
1) check and address your
concerns as a User;
2) directing your inquiries
to the appropriate customer service personnel to address the issues;
3) monitoring and improving
our customer service responses;
4) verifying your compliance
with the terms and conditions governing the use of the Platform;
5) contacting you via email,
telephone, WhatsApp, and other communication methods, including but not limited
to, to assist and/or complete the transaction process or the process of
resolving obstacles, as well as delivering news or other notifications in
connection with the protection of User Personal Data by us, including failure
to protect User Personal Data;
6) use information obtained
from you as a User for the purpose of research, analysis, product development
and testing to improve the security of services in the application, as well as
develop new features and products;
7) Survey, research,
evaluation and/or development of products or services by us or related
interested parties; and
8) inform Users regarding
products, services, promotions, studies, surveys, news, latest developments,
events and other information, either through the application or through other
media. We may also use such information to promote and process contests and
sweepstakes, award prizes, and present relevant advertisements and content
about our services and our business partners.
DISCLOSURE OF PERSONAL INFORMATION
2.5.
You acknowledge, understand, comprehend and agree that We may
disclose or provide Your Personal Information with Our partners, vendors,
and/or affiliates or third parties for purposes permitted by applicable laws
and regulations, namely:
1) In order to provide or
recommend services, products or provide more comprehensive services or to make
your social experience more extensive, We will share such information with
affiliated companies, parent companies, subsidiaries, branch companies,
third-party cooperating institutions etc;
2) We may provide your
Personal Data as a User to our business partners in accordance with your
consent to use the business partners' services, including applications or other
sites that have integrated their APIs or services with each other;
3) in connection with the
verification process that We believe is necessary before we register You as a
user of the Service, including the know your customer process, conducting
background checks, conducting credit assessments, eligibility assessments;
4) to third parties,
including agents, vendors, suppliers, contractors, partners, and other parties
who provide services to Us or You, perform tasks on Our behalf, or parties with
whom We enter into commercial cooperation; and
5) in the event that We share
Personal Information with Affiliates, We will do so with the intention that
they assist Us in providing the Services, to operate Our business (including,
when You subscribe to our mailing list, for direct marketing purposes), or for
data processing purposes on Our behalf. All of our Affiliates are committed to
processing the Personal Information they receive from Us in accordance with
this Privacy Policy and applicable laws and regulations.
2.6.
Where we disclose your Personal Data as a User to third
parties, such third parties are obliged not to disclose or use it for purposes
other than those for which you have consented to perform tasks in connection
with one or more of the purposes as set out in this Privacy Policy.
2.7.
When You breach the agreement with Us or Our other users, We
will disclose Your personal information and breach of contract cases, blacklist
Your breach of contract information and share the data with necessary third
parties, as a review material for Us and third parties;
2.8.
We aim to protect Our rights and legitimate interests in
accordance with the requirements of legal regulations, judicial institutions
and government authorities; and to ensure the integrity and operation of Our
business and service systems;
2.9.
We may disclose aggregate and non-personal information that
we collect. Such disclosures do not include personal and non-public information
regarding individual Users.
2.10. You expressly agree that
this provision will not be invalidated if You stop using Our services.
2.11. In connection with the
disclosure of Your Personal Information as referred to in section 2.5 above, We
may disclose, display, transmit, perform data updates and provide Your Personal
Information and other information related to You to other parties in connection
with the purposes of providing the Services which include:
1) Credit information
providers to obtain information on collectibility status or other financial
information.
2) Financial Transaction
Analysis Reporting Center ("PPATK"), if We identify suspicious
financial transactions as stipulated in the statutory provisions regarding the
prevention and eradication of money laundering and terrorism financing. The
processing and retention period of Your Personal Information will be subject to
policies determined solely by PPATK.
3) Law enforcement
authorities in the Republic of Indonesia, including the Indonesian National
Police, the Corruption Eradication Commission ("KPK"), the Courts,
and so forth (collectively, the "Law Enforcement Authorities") for
any purposes related to law enforcement allegedly involving you (including, but
not limited to cases of violations of the law, crime, money laundering,
terrorism financing, corruption) which in this case must be officially and in
writing requested by the relevant authorities. The retention period of your
Personal Information will be subject to the policies determined solely by such
Law Enforcement Authorities.
ARTICLE 3
USE OF COOKIES
To optimize access and
provide more convenient services for You, when You visit Our websites,
applications or when using Our services, We may identify Your identity to help
You save time to log back in on these websites and applications, as well as
help You determine whether Your account is secure. This digital data may be in
the form of cookies, flash cookies or search engines or other storage-related
devices (commonly referred to as "cookies"). You understand that when
changing cookie settings, including but not limited to accepting or rejecting
settings, this type of operation will affect access to this website and
application and the security of the services We provide.
ARTICLE 4
SECURITY OF PERSONAL INFORMATION
4.1.
We protect any User Personal Data stored in the system, as
well as protect such data from unauthorized access, use, modification,
retrieval and/or disclosure by using a number of security measures and
procedures, including passwords and User OTP (One Time Password) codes.
4.2.
When You login with your account, you can check and manage
your account information. To ensure the security of your personal information,
We guarantee to use industry practices to protect your data. We will implement
various security measures with various physical, technical and appropriate
controls to the maximum extent, so that your data will not be scattered,
damaged, or lost, including but not limited to SSL, extra security storage,
data center control, We also use strict controls that may be related to your
data, including executive control and access to different levels and jobs, We
are subject to data privacy protection laws in Indonesia and fully comply with and
uphold any applicable regulations.
4.3.
The confidentiality of your data and Personal Information is
of utmost importance to us. We will apply best and reasonable efforts and
measures to protect and secure Your Personal Information, as well as to prevent
unauthorized access or disclosure of Personal Information or contrary to
applicable law. However, We cannot fully guarantee that Our system will be
completely impenetrable due to viruses, malware, interference or extraordinary
events including unauthorized access by third parties. You acknowledge that We
cannot guarantee the integrity and accuracy of any Personal Information that
You transmit via the internet, or guarantee that such Personal Information will
not be intercepted, accessed, disclosed, altered or destroyed by unauthorized
third parties, due to factors beyond Our control. You must not disclose Your
account password to anyone and must always maintain the confidentiality of Your
password and the security of the device You use.
ARTICLE 5
DATA STORAGE
5.1.
All of your personal information data in Our Services will be
stored securely for a limited period of at least 5 (five) years and as long as
we need it to fulfill the purposes we described earlier, unless required by
law.
5.2.
Please note that there is still a possibility that some of
Your Personal Information is stored by other parties including, Our Partners,
vendors and/or affiliates or other third parties for certain purposes and in
certain permitted ways. Information submitted through communication between
users and service providers conducted other than through the Platform (such as
through telephone calls, SMS, mobile messages or other means of communication)
can also be stored in several ways.
5.3.
We will not be responsible for the storage of Your Personal
Information stored by other parties, and You agree to indemnify, defend and
hold Us, Our officers, directors, employees, agents, partners, contractors and
Affiliates harmless from and against any and all claims, losses, liabilities,
costs, damages and expenses (including but not limited to legal fees and full
indemnity expenses) resulting directly or indirectly from any unauthorized
storage of Your Personal Information.
ARTICLE 6
COMPLAINTS RELATED TO PERSONAL DATA PROTECTION
6.1.
If the User has concerns about our handling or treatment of
the User's Personal Data or if the User believes that his/her privacy has been
violated, the User may contact us through our customer service or to our
contacts listed in this Privacy Policy by explaining the identity and nature of
the User's complaint.
6.2.
We will investigate the User's complaint and endeavor to
provide a response to the complaint within a reasonable period of time after
receiving the complaint submitted by the User.
ARTICLE 7
DATA SUBJECT REQUESTS AND DELETION OF PERSONAL DATA
7.1.
You have the right to request Us to delete the data collected
by You in relation to Your Loan application. You can contact Us through various
communication media including phone, chat, and email.
7.2.
We will retain the information as long as your account as a
User is active in accordance with the provisions of applicable legal
regulations in Indonesia.
7.3.
Users have the right to submit a data subject request to us
as follows:
a) The right to obtain
clarity of identity, the basis of legal interests, the purpose of requesting
and using Personal Data.
b) The right to access
his/her Personal Data.
c) The right to update or
correct errors and/or inaccuracies in his/her Personal Data.
d) The right to withdraw
consent to the processing of his/her Personal Data.
e) The right to erasure
and/or destruction of his/her Personal Data.
f)
The right to suspend or limit the processing of Personal Data
in proportion to the purposes of the processing.
g) The right to obtain and/or
use Personal Data about him/her from the Controller of Personal Data in a form
that is consistent with the structure and/or format commonly used or readable
by electronic systems.
h) The right to object to
decision-making actions based solely on automated processing related to a
person's profile (profiling), which give rise to legal consequences or have a
significant impact on Users; and/or
i)
Other rights in accordance with the applicable laws and
regulations.
7.4.
The User may request the deletion of User information by
closing the User's account. We will only process such request if the User has
no outstanding obligations to us. We reserve the right to refuse the request to
delete User's Personal Data processed by us if it is permitted or required
based on the applicable legal provisions.
7.5.
We will process the data subject's request in accordance with
the provisions of the applicable legal regulations in Indonesia.
7.6.
We may retain archival copies of User data as required by law
or as necessary to protect the rights of us or its users.
APPLICATION FOR DELETION OF PERSONAL DATA
7.7.
Any request for deletion of personal data by you, must be
submitted in writing through the communication channels established by us,
namely through WhatsApp customer service and email.
7.8.
Customer Service must explain and convey to you the
procedures for deleting personal data, namely:
a) Customer must inform the
complete Name and NIK;
b) Registered phone number;
and
c) The Company only stores
personal data for a maximum of 5 (five) years since the data is received by the
Company;
d) Personal data that can be
deleted are: customer data, loan data, contact data and payment-related data.
7.9.
Submission of personal data deletion is directed directly to
the Director of Operations, and is processed within a maximum period of 7 (seven)
working days.
7.10. After the deletion of your
personal data has been carried out, customer service can send a notification
via WhatsApp and/or email to you.
ARTICLE 8
UPDATE
In order to serve you
better, We may periodically update and revise our Privacy Policy in the future
published on this page and, if necessary, we will notify you through this
website and Platform, you understand and agree to the revised Privacy Policy.
Before accessing this website and Platform, We encourage You to check, read and
seek information regarding the privacy concerned.
ARTICLE 9
CONTACT US
If you have any questions and/or comments regarding
our Privacy Policy, you may contact us via email: ___ and whatsapp ___ by
including the words "Privacy Policy Terms" in the subject or body of
the email.
ARTICLE 10
LIMITATION OF LIABILITY
You hereby release and/or
discharge Us or Our Affiliates from all demands, claims and/or lawsuits arising
in connection with, but not limited to: (i) granting access, obtaining,
collecting, processing, using, analyzing, distributing, disclosing, displaying,
and sending Your Personal Information as stipulated in this Privacy Policy or
for other matters that have obtained Your consent from time to time, (ii)
incorrect and inaccurate information that You provide to Us or Our Affiliates,
(iii) not updating the data changes or Your Personal Information used for
Service registration, and/or (iv) if You provide passwords to third parties.
ARTICLE 10
STATEMENT
We, as the owner of the
Platform, declare that this policy takes effect from the moment you access the
Platform. No other policy applies other than this policy.