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Our Privacy Policy

1. Introduction

This Privacy Policy (“Privacy Policy”) describes how PT Cipta Multi Danarta, a limited liability company duly established under the laws of the Republic of Indonesia (“Setlary”, “We”, “Us” or “Our”) processes data and/or information including, but not limited to, collecting, processing, analyzing, storing, repairing, updating, transferring, disclosing and/or destructing in so far required in accordance with applicable laws and regulations, including but not limited to, Law Number 27 of 2022 on Personal Data Protection, Law Number 11 of 2008 on Electronic Information and Transactions, as well as their implementing regulations and its amendment from time to time on Setlary’s mobile device application on Android/iOS and/or website www.setlary.com (“Setlary Platform”) in relation to the provision of Setlary Services (as defined under the Terms & Conditions) to each and all of its users (“Users”, “You”, “Your” or “Yourself”).

This Privacy Policy serves as a legal term and agreement between Setlary and the Users concerning Setlary’s rights and obligation in processing the data and/or information of the Users within the Setlary Platform. By accessing the Setlary Platform, electronically approving (for example by checking or clicking the “I Agree” statement) and/or using the Setlary Services, You represent and warrant that You have read, understood, and agree to be bound and be subject to each and all terns and conditions on this Privacy Policy from time to time and in connection with this, You represent and warrant that each of the data and/or information that You provide is true, complete, and valid, and Your consent shall remain valid and subject to the terms and conditions stipulated under this Privacy Policy.

2. General Terms

  1. Setlary reserves the right to collect data and/or information of the Users in providing the Setlary Services and/or the Setlary Platform in several methods as follows:
    1. through providing directly from any Users in the form of legal entity and/or business entity that employ a certain number of natural persons for consummations of its business activities (“Employer”);
    2. through providing directly from any Users in the form of natural persons who are at least 18 (eighteen) years old and are working for an Employer (“Employee”).
    3. through the Setlary Platform, browser, internet connection and device that You use, for example, the type and settings of the browser, device type and its settings, operating system, mobile network information including operator name and telephone number, application version number, e-mail address which saved on the device and information about Your application interactions.
  2. For the purpose of this Privacy Policy, “data and/or information” consist as follows:
    1. “company data” which means data and/or information concerning an Employer in relation to the provision of the Setlary Services including, but not limited to, company name, business identification number, tax identification number, articles of association, corporate structure, payroll records as well as other data and/or information that Setlary may require from time to time;
    2. “personal data” which means data and/or information concerning an individual, in general and/or specific in nature, which are identified or can be identified separately or combined with other data and/or information either directly or indirectly through electronic or non-electronic systems including, but not limited to, name, aliases, place and date of birth, gender, address, government-issued identifications (including identity card, driver’s license or passport), username, e-mail address, phone number, photos and selfies, working position, job description, salary, overtime payment, commission payment, benefits, compensation and/or other personal data that Setlary may require in relation to the provision of the Setlary Services;
    3. “payment or financial data” which means data and/or information including but not limited to bank account details, financial information, including transaction details in connection with Your use of the Setlary Services;
    4. “cookies” which means small amounts of data that act as unique identifiers stored on the Users devices that are able to record data and/or information so Setlary may recognize Users device and provide the Users with a personalized experience on the Setlary Platform; and
    5. “other data” which means other types of data and/or information in relation to the utilization of the Setlary Platform including, but not limited to, internet protocol (IP) addresses, real-time geographic location, device information (the manufacturer, model and operating system of the device), internet device identity and crash logs.
  3. This Privacy Policy is an integral and inseparable part of other terms and conditions that Users have or must agree to prior to utilizing the Setlary Services and/or the Setlary Platform including, but not limited to, the terms and conditions of the Setlary Services available on the Setlary Platform (“Terms and Conditions”).
  4. Your access to and use of the Setlary Services is subject to Your acceptance of and compliance with this Privacy Policy.

3. Collection Process

  1. Setlary reserves the right to obtain and collect Your data and/or information in the following manner:
    1. Data and/or Information that Users Provided
      Setlary may collect data and/or information that You voluntarily provide to be able to utilize the Setlary Services and/or the Setlary Platform including, but not limited to, company data as well as personal data when You register, sign in or transacting on the Setlary Platform.
    2. Data and/or Information that Setlary Collect Automatically
      Setlary may automatically collect data and/or information when You utilize the Setlary Services and/or the Setlary Platform including, but not limited to, internet protocol (IP) addresses, real-time geographic location, device information.
    3. Data and/or Information from Third Parties
      Setlary may collect Your data and/or information from third parties to the extent possible with subject to the applicable laws and regulations.
    4. Cookies
      Setlary may collect Your data and/or information by utilizing the cookies system available on the Setlary Platform including, but not limited to, session management, service personalization, and user activity recording subject to Your personalized settings.
  2. You must always ensure that the data and/or information that You submit to Setlary are correct, complete, accurate and not misleading. Further, You represent and warrant that You are a legally competent party to submit such data and/or information and have obtained all necessary approvals to submit such data and/or information, and if:
    1. You are an Employer or act on behalf of an Employer, Setlary consider that the submission of any data and/or information relating to such Employer is carried out by a legitimate and authorized representative, such as, by an attorney or director;
    2. You are a legally capable individual and if You submit data and/or information through an attorney, Setlary considers that the submission of such data and/or information is carried out by an attorney that You legally appoint to represent You; and
    3. You submit data and/or information of other persons/entities (other than yourself such as spouses, family members, friends or other parties), Setlary considers that You have obtained the consent of such persons/entities.
  3. You must notify Setlary if there are changes to data and/or information that You provided to Setlary. If You choose not to provide such data and/or information, Setlary reserves the right to refuse and choose not to continue to provide the Setlary Services to You.

4. Utilization Process

Setlary reserves the right to process data and/or information that Setlary obtains and collects from You for the provision of the Setlary Services and/or the Setlary Platform or other purposes permitted under applicable laws and regulations, including but not limited to:

  1. provide the Setlary Services and/or the Setlary Platform;
  2. use of the features contained in the Setlary Service and/or the Setlary Platform;
  3. identify, receive registration, administer, verify, deactivate or manage Your account on the Setlary Platform;
  4. process and facilitate disbursement and settlement of the Setlary Services on the Setlary Platform;
  5. notify You of transactions or activities that occur on Your account within the Setlary Platform or other systems connected to the Setlary Platform;
  6. contact You to in assisting and/or completing the disbursement or settlement process or other problem on the Setlary Platform;
  7. prevent, detect and investigate any prohibited, illegal, unauthorized or fraudulent activities;
  8. monitor, manage, support and improve the performance efficiency, development, experience and functions of the Setlary Services;
  9. maintain, develop, test, improve, solving problem and personalize the Setlary Services to meet Your needs and preferences;
  10. send marketing communications, advertisements, vouchers, surveys, special offers or promotions, including offering other services from Our affiliates or partners;
  11. administrative purposes including, but not limited, to (i) audits, (ii) data analysis for testing, research, analysis, product development, commercial partnerships and collaboration-related purposes, and/or (iii) business transactions;
  12. provide Our affiliates and/or third parties who cooperate with us (vendors, agents, suppliers, contractors, consultants, partners, and/or other parties) which is technically necessary to process your transaction or provide Setlary Services to You;
  13. comply with applicable laws and regulations including, but not limited to, responding to requests, investigations or regulatory directives, complying with filing, reporting and licensing requirements of authorized governmental institutions; and
  14. other purposes based on Your prior approval or if required by applicable laws and regulations.

5. Disclosure Process

Setlary is committed to maintain the confidentiality of data and/or information that You provide to Setlary and Setlary will not sell, rent, or commercialize in any way, Your data and/or information to any third party. Pursuant to Your consent under this Privacy Policy, Setlary reserves the right to provide access, transmit, convey, deliver and/or disclose Your data and/or information to:

a. provide the Setlary Services and/or the Setlary Platform;

b. cooperate with third parties that enable Setlary to perform the utilization process set out under this Privacy Policy including, but not limited, to:

  1. affiliated companies of Setlary;
  2. Your Employer and its affiliates (for Employees);
  3. contractors, service/product providers, consultants, auditors, accountants, solicitors and advisors;
  4. government agencies, statutory authorities and/or law enforcement agencies under applicable laws and regulations; and
  5. other data controllers to whom You have instructed/agree to.

c. handle or resolve an emergency related to Your safety and/or Setlary’s interests, in particular (i) preventing losses or financial losses, reporting suspected illegal activities or responding to any claims or potential claims made against Setlary and/or its affiliates; or (ii) in the event that You experience loss of Your data and/or information, and You request assistance from law enforcement and/or other parties to restore Your data and/or information stored with Setlary;

d. comply with applicable laws and regulations including, but not limited to, responding to requests, investigations or regulatory directives, complying with filing, reporting and licensing requirements of authorized governmental institutions; and

e. other purposes based on Your prior approval or if required by applicable laws and regulations.

6. Security Measures

  1. Setlary adopts a high-standard security system in both technology and procedures to prevent any possible theft of data and/or information that Setlary processes. Setlary implements various technological measures to protect its electronic system including, but not limited to, firewall systems, regular penetration testing, secure data transmissions (HTTPS) and encryption using Transport Layer Security (TLS) technology within the Setlary Platform. Setlary also implements internal guidelines to manage access and control to Your data and/or information. Setlary will revisit such internal policies periodically according to the applicable laws and regulations as well as governmental bodies’ orders/directives.
  2. In relation to the security measures set out under this Privacy Policy, You acknowledge and agree that there is no system that cannot be infiltrated by unauthorized third parties. Setlary cannot always guarantee the security and confidentiality of Your data and/or information that Setlary processes from certain incidents that may arise due to unauthorized actions including, but not limited to, virus threats, hacking and unauthorized access. You represent and warrant that Setlary cannot and will not be held responsible for such actions in accordance with the limitation of liability set out under this Privacy Policy.
  3. if necessary based on Setlary’s internal policy and/or if ordered by applicable laws and regulations, Setlary will erase and destroy Your data and/or information processed in Setlary’s electronic system immediately after the closing of Your account and/or if there is no prohibition in accordance to the applicable laws and regulations, Setlary has the right to store Your data and/or information for 10 (ten) calendar years or longer subject to the applicable laws and regulations. Upon the completion of the above mentioned period, Setlary will follow the deletion and destruction procedure to ensure that all Your data and/or information is safely deleted from Our system or is retained in the form of anonymous data.

7. Users’ Rights

  1. You have certain rights in relation to Your data and/or information under with applicable laws and regulations, including to:
    1. obtain information about the clarity of identity, legal basis and the processing purpose of Your data and/or information as well as Setlary’s accountability as the controller of Your data and/or information;
    2. complete, update and/or correct errors and/or inaccuracies in Your data and/or information in accordance with the purposes of the processing;
    3. obtain access and a copy of Your data and/or information in accordance with applicable laws and regulations;
    4. terminate processing, delete and/or asked to destroy Your data and/or information in accordance with laws and regulations;
    5. withdraw consent to the processing of data and/or information that You have provided to Setlary in accordance with this Privacy Policy;
    6. suspend or limit the processing of Your data and/or information in accordance with the purpose of processing as set out in this Privacy Policy; and
    7. obtain and/or use Your data and/or information that Setlary collect in a form that Setlary use on Setlary’s electronic system.
  2. Setlary reserves the right to refuse Your request to access or to correct, some or all of Your data and/or information if permitted or required based on the applicable laws and regulations. This includes circumstances where such data and/or information may contain references to other people or where requests for access or requests for corrections are for reasons that Setlary deems endanger you or other people’s security or against applicable laws and regulations.

8. Limitation of Liability

  1. You acknowledge and agree that You have the responsibility to implement appropriate security and protection measures in safeguarding your data and/or information on the Setlary Platform including, but not limited to, keep up with technology news, install personal firewall software, keeping account details confidential, creating strong passwords, updating passwords from time to time (as required), using One-Time Password (OTP), monitor Your account on a regular basis and/or safeguarding the security of Your device.
  2. Setlary is only responsible for the protection and security of Your data and/or information only to the extent such data and/or information are processed in a system developed and managed by Setlary. Setlary is not responsible for any exchange and/or provision of Your data and/or information to other parties, including what You independently do on the Setlary Platform, other than for the purposes referred to in this Privacy Policy.
  3. You acknowledge and agree to fully indemnify, defend, discharge and hold harmless Setlary from and against any legal proceedings, claims, lawsuits, demands, objections, losses, obligations, responsibilities, costs and expenses in whatsoever form and/or whatsoever nature (including, without limitation, the settlement and legal costs as well as other costs to investigate or defend from any actions) suffered, experienced, or incurred by Setlary, relating to, as a result of and/or pertaining to:
    1. the originality, authenticity, truth, accuracy and/or completeness of Your data and/or information;
    2. You breach any terms and conditions set out under this Privacy Policy and/or other terms and conditions that You have or must agree to prior to utilizing the Setlary Services and/or accessing the Setlary Platform;
    3. any delay, failure of delivery, damage or loss arises from third-parties;
    4. You failed to fulfill any obligations stipulated in this Privacy Policy for any reason; or
    5. any other damages or losses arises from Your negligence or willful misconduct.
  4. You acknowledge and agree that the limitation of liability set out under this Privacy Policy will remain in effect regardless of the cancellation or deactivation of Your account.

9. Marketing and Promotion

Setlary reserves the right and You agree that Setlary and/or third parties that work with Setlary may send You direct marketing and promotional materials such as advertising and/or promotional communications, via email or other means of communication as available. In this regard, You agree that Setlary and/or third parties who work with Setlary may use cookies available for marketing and promotional purposes to the extent possible under applicable laws and regulations. You may opt out of receiving such marketing communications at any time by clicking on the “unsubscribe” option found in the relevant message, or by contacting Setlary.

10. Third-Party Services

Setlary reserves the right to provide third-parties services within the Setlary Platform. In this regard, You acknowledge and agree that this Privacy Policy applies only when Setlary acts as the controller of data and/or information within the Setlary Platform. You represent and warrant that Setlary cannot and will not be held responsible for the privacy policies of these third parties’ services and advise You to read the privacy policy of each of these third parties to understand the details of data and/or information that they are processing.

11. Cross-Border Transfer

  1. Setlary processes data and/or information that Setlary collects of its Users in the jurisdiction of the Republic of Indonesia.
  2. Setlary reserves the right and You give Setlary consent to process Your data and/or information in other countries where Setlary operates or where Setlary engages with third parties’ to the extent permitted by applicable laws and regulations.
  3. Setlary will ensure that Setlary and third parties who work with Setlary take adequate and appropriate physical, technical, organizational and contractual security measures to protect Your data and/or information. However, each country may have different data and/or information protection rules and, under certain circumstances, courts, law enforcement officials, regulatory bodies or security authorities in those countries may have the right to access Your data and/or information. In this regard, You acknowledge and agree that the limitation of liability under this Privacy Policy will apply.

12. Dispute Resolutions

  1. This Privacy Policy and the performance hereof will be governed by and construed under and in accordance with the laws of the Republic of Indonesia.
  2. This Privacy Policy has been prepared in both the English Language and the Indonesian Language. If there is a conflict between the Indonesian Language version and the English Language version, the English Language version will prevail and supersede all discrepancies in language.
  3. You and Us agree that each and all conflict, dispute, debate or claim arising out of or in connection with this Privacy Policy and/or other terms and conditions related to the Setlary Services must first be resolved by means of deliberation within 30 (thirty) calendar days after either You or Us receives written notification from the other party.
  4. If the dispute cannot be resolved amicably as referred to above, You and Us agree that such dispute will be resolved exclusively and in final through the South Jakarta District Court.

13. Force Majeure

You acknowledge that the Setlary Services and/or the Setlary Platform may be interrupted by events outside of Our authority or control (“Force Majeure”), including but not limited to natural disasters, electricity disruptions, telecommunications failures, government policies, and other events. You hereby agree to release Us from any demands and responsibilities, if We are not able to maintain and/or perform Our obligations set out under this Privacy Policy, either in part or in whole, due to such Force Majeure.

14. Severability

If one or more provisions of this Privacy Policy conflict with the provisions of the prevailing laws and regulations, You agree that Setlary has the right to amend the provisions those provisions with new provisions that are in line with the applicable laws and regulations at its sole discretion, and that this Privacy Policy and other provisions will remain in effect.

15. Waiver

Waiver upon implementation of obligation given by Setlary to the Users under this Privacy Policy will not apply as waiver upon further implementation of the said obligations or other waivers for implementation of other obligations in this Privacy Policy.

16. Amendment

Setlary reserves the right, at its sole discretion, to change or replace any part, some or all of the contents of this Privacy Policy from time to time. Setlary will make reasonable efforts to provide at least 30 (thirty) calendar days prior notice if substantial change is to be made to this Privacy Policy, in which Setlary reserves the right to determine what constitutes a substantial change at its sole discretion.

17. Closing

You may contact Setlary by e-mail to [email protected] if You have any feedback, questions or complaints regarding this Privacy Policy. Please note that when making any questions or complaints, please provide Your contact details so that Setlary can reply to Your message as soon as possible.