This privacy policy outlines our company, PT. Cekindo Business International (‘’InCorp‘’) policies and procedures for obtaining, correcting, updating, distributing, transfering, processing, protecting, disclosing, deleting, and destroying, your Personal Data when you use our services (as described below) and informs you about your right to privacy and how applicable laws of the Republic of Indonesia can protect you. Please read this Privacy Policy thoroughly to ensure that you understand our data protection practices.

Definition

For the purposes of the Privacy Policy:

  1. You are referring to an individual, business entity, legal entity and/or other group representing individuals, business entities and legal entities accessing or using our Services (hereinafter referred to as. “Client”).
  2. Parties refers to InCorp and Client.
  3. Website refers to the Company’s official website, namely www.cekindo.com, www.incorp.co.id, https://indonesia.incorp.asia or other website owned by the Company.
  4. Service refers to each respective services covered on ‘’Our Service’’ page on the Website.
  5. Country refers to the Republic of Indonesia.

This Policy explains as follows :

  1. By paying and/or using InCorp Service, Client acknowledge that Client have read, and understand the Privacy Policy of InCorp and explicitly consent to us obtaining, correcting, updating, distributing, transfering, processing, protecting, disclosing, deleting, and destroying, Client Personal Data in accordance with this Privacy Policy based on Personal Data Protection Law number 27 year 2022 and relevant applicable laws in the Country.
  2. InCorp may amend this policy at any time by granting notice to Client of any such amendment via written notice or by such communication as deemed suitable by InCorp. Client shall be responsible to review this Privacy Policy from time to time.

Operative provisions

1. Legality, Type and Relevance, and Details of Personal Data

1.1 Personal Data means any information which relates to Client (or in the case of a third party as explicitly authorized by such third party) and which was collected or provided to InCorp with explicit consent in electronic and.or hardcopy format, for any of the purposes stated in clause 2 below (‘’Purposes’’).

1.2. Personal data may include but is not limited to full name, gender, citizenship, religion, marital status, health data and information, biometrics, genetic data, crime records, child data, personal financial data, and/or any other information in accordance with laws and regulations and combined Personal Data for Client identification.

1.3. InCorp, whether directly or through authorized agents and representatives, collects Client’s Personal Data whether directly from Client or indirectly from third parties such as InCorp’s authorised agents, dealers or representatives, Client’s legal representatives, agents, credit reference agencies and/or Client’s employer whether directly or through Client’s legal representatives, agents and/or employers prvide Client’s Personal Data to InCorp in any manner in connection with any transaction, arrangements and/or enquiries made with InCorp including completed enquiry sent by Client, booking and/or registrarion forms via various means, including online and physical hardcopies at public venues or in any of InCorp’s premises.

1.4. Legality of Personal Data requested by InCorp to Client in relevant forms and documents is based on Law is obligatory to be provided by Client unless stated otherwise, based on applicable law such as Law of the Republic of Indonesia Number 11 Year 2008 concerning Electronic Information and Transaction, Law of the Republic of Indonesia Number 19 Year 2016 concerning Amendment of Law of the Republic of Indonesia Number 11 Year 2008 concerning Electronic Information and Transaction, Law of the Republic of Indonesia Number 27 Year 2022 concerning Protection of Personal Data and relevant regulations applicable in Republic of Indonesia.

2. Purposes of Collection Client’s Personal Data

2.1 Client’s Personal Data is collected and further processed by InCorp as required or permitted by law in order to underline Client’s requested commercial transaction, including but not limited to the following:

(a) to carry out Know Your Customer (KYC) principles as permitted by the prevailing laws and regulations

(b) to process Client’s request for Service;

(c) to process any payments related to InCorp’s Service requested by Client;

(d) for internal investigation, compliance, audit, or security purposes including without limitation for crime detection, prevention and prosecution;

(e) to conduct research for internal marketing analysis and analysis of customer patterns and choices;

(f) to better manage InCorp’s business and relationship with Client;

(g) to respond to Client’s enquiries and to resolve any issues and disputes which may arise in connection with any dealings with InCorp;

(h) to protect or enforce InCorpt’s rights under any policy which InCorp is a party to;

(i) to transfer or assign InCorp’s rights, interests and obligations under any policy entered into with InCorp;

(j) to comply with InCorp’s legal and regulatory obligations in the conduct of its business including to meet any disclosure requirements of any law binding upon InCorp;

(k) to contact Client and/or provide the Client with information regarding InCorp’s Service, upcoming events, promotions, advertising, marketing and commercial materials which may be of interest to Client;

(l) for InCorp’s internal records management; or

(m) for any other purpose that is required or permitted by any laws, regulations and guidelines including the requirements of any governmental regulatory authorities.

2.2. InCorp will not sell, exchange, display, announce, transfer, disseminate, and.or disclose Personal Data and any information related to and stipulated in this Privacy Policy.

3. Storage and Retention Period of Personal Data

3.1. InCorp will store Client’s Personal Data with the best protection to provide the Service.

3.2. InCorp will carry out retention period of Personal Data is 10 (ten) years since date of complete Personal Data submission by Client.

3.3. InCorp shall reserve the right to adjust the Retention Period of Personal Data based on applicable regulation in Republic of Indonesia.

3.4. InCorp will stop storing Client’s Personal Data, or eliminate the ways in which Personal Data can be associated with the Client after reviewing the reasons or assumptions that the collection of Personal Data is no longer fulfilled by storing related Personal Data, and storage is no longer required for legal and business purposes.

4. Disclosure or Transfer of Personal Data

4.1. Client’s Personal Data provided to InCorp is processed by entities (within or outside of Indonesia) within InCorp (including related companies, subsidiaries, holding companies, associated companies and outsourcing partners).

4.2. Client’s Personal Data may be disclosed or transferred to relevant third parties (within or outside of Indonesia) pursuant to relevant contractual relationship (for example, where we appoint third party service providers) or for the Purposes (or purposes directly related to Purposes).

4.3. Client’s Personal Data may be disclosed to the following classes of third parties:

(a) third parties appointed by InCorp to provide Service for and on InCorp’s behalf (such as financial institutions, auditors, lawyers, company secretaries, printing companies, information technology (IT), system software vendors, consultants, contractors, conference/training/event organiser, other advisers, travel agencies and insurance companies);

(b) any financial institutions, merchants and credit card associations in connection with Client’s use of any credit or debit card in any transactions made with InCorp;

(c) law enforcement agencies including courts, tribunals or authorities, governmental having jurisdiction over InCorp;

(d) relevant governmental agencies, statutory authorities, management corporations, joint management bodies, industry regulators and local councils ; and

(e) any persons, authorities or regulators to whom InCorp is permitted or required to disclose to under the laws of any country.

5. Rights of Personal Data Subjects

5.1. Client have the right to access, correct, update, delay, and restrict its Personal Data held by InCorp. InCorp wil make every reasonable endeavour to ensure Client’s Personal Data is accurate and up to date and therefore Client shall be solely responsible to notify any changes to the contact details in this Privacy Policy (and/or any other contacts assigned by InCorp).

5.2. Client shall reserve the right to request termination of processing, deleting. to destroy Personal data, to retract approval, delay, and restrict of Personal Data Processing by submitting request to info@incorp.co.id (and/or any other contacts assigned by InCorp);

5.3. InCorp may impose administrative fees to Client in handling Client’s request based on article 5.1 and 5.2 above.

5.4. Client agrees that their rights shall not apply due to the following reasons :

a. national security and defense purposes;

b. legal enforcement purposes;

c. public interest to support state administration;

d. financial, monetary, payment system sector and financial system stability supervision ;

e. aggregate data whose processing is used from statistic and scientific research purposes to support state administration;

f. Endanger the security or physical health or mental health of the Client;

g. Impact on the disclosure of other people’s Personal Data;

5.5. Client agrees that execution of article 5.3 at any time shall result as follows :

a. immediate termination of all ongoing and agreed Service provided by InCorp;

b. rendering payment made of any ongoing and agreed Service deemed non refundable;

c. InCorp shall reserve the right to claim for remaining outstanding fees for any ongoing and agreed Service in the event that the payment method is made on installments;

d. InCorp shall reserve the right to claim compensation for any loss arising from immediate termination of all ongoing and agreed Service provided by InCorp (if any).

6. Personal Data Security

6.1. InCorp is commited to implementing best efforts in order to protect and secure Personal Data from access to collection, processing, analysis, storage, disclosure, repair and deletion by unauthorized parties.

6.2. In the event of access and illegal activities of Personal Data that are beyond the control of InCorp, InCorp will immediately notify the Client at the first opportunity so as to reduce the risks arising from these incidents

6.3. InCorp will use its best endeavors to secure and protect Personal Data of Client with the understanding that transmission of data over the Internet is never completely secure and cannot be guaranteed by InCorp. The Client understands that providing Personal Data to InCorp is at the Client ‘s own risk.

7. Notices and Communications

Any notice or other document to be given under this Policy shall be in writing and shall be deemed to have been duly given if left at or sent by hand or by registered post, or by facsimile or such other electronic media which may from time to time be agreed by the parties to a party at the below addresses or facsimile numbers or such other address or facsimile number as one party may from time to time designate by written notice to the other. If to Client: Sent to contact details provided by Client If to InCorp: PT Cekindo Business International AXA Tower Lantai 36, Kuningan City, Jl. Prof. Dr. Satrio Kav 18, Kuningan, Jakarta Selatan, Indonesia 12940 + 62 21 50101510 info@cekindo.com info@incorp.co.id sales@incorp.co.id (and/or other contact assigned by InCorp)

8. Governing Law and Disputes

8.1. This Policy shall be governed by and construed and interpreted in accordance with laws of the Country.

8.2. In the event of any difference or dispute controversy or claim arising between the Parties arising out of or in connection to any matter connected with this Policy, including the interpretation of any of the breach, termination or invalidity thereof (hereinafter referred to as the “Dispute”), terms and conditions and which cannot be settled amicably, the Parties shall use all reasonable endeavor to negotiate with a view to resolving the Dispute by means of transparent and open oral discussion, within themselves at good will of the business.

8.3. In the event the Parties are unable to resolve the Dispute in accordance with the above stated clause, either Party may give the other Party a notice that a Dispute has arisen (hereinafter referred to as the “Dispute Notice”). If the Parties are unable to resolve the Dispute within 30 (thirty) days of the Dispute Notice, the Parties shall be free to opt for arbitration in accordance with Law of the Republic of Indonesia Number 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution (hereinafter referred to as the “Arbitration Act”)

8.4. The arbitral panel shall consist of a sole arbitrator, mutually appointed by the Parties in accordance with the provisions of the Arbitration Act, Any arbitral award issued by such sole arbitrator shall be final and binding on the Parties. It is agreed and understood that the venue of the arbitration shall be in the office of Indonesian National Board of Arbitration (BANI) Jakarta and the language of the arbitration shall be Bahasa Indonesia. The procedural rules opted by the Parties will be BANI Rules. It is clarified that any awards whether interim or final, shall be made, and shall be deemed for all purposes to be made in Jakarta.

8.5. The Parties agree that the dispute resolution process provided herein shall be the sole remedy and the Parties shall not resort to court litigation in any matter whatsoever so long as the dispute resolution process is in motion.

8.6. The Parties agree that the dispute resolution process provided herein shall be the sole remedy and the Parties shall not resort to court litigation in any matter whatsoever so long as the dispute resolution process is in motion.

8.7. The parties shall agree to waive article 1266 and 1267 of Indonesian Civil Code concerning termination of policy.

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