GoPayLater by Findaya

GoPayLater's Terms & Conditions

GENERAL TERMS OF USE OF GOPAYLATER AND GOPAYLATER CICIL

Starting from March 2022

Please read, acknowledge, review and understand this General Terms of Use of GoPayLater and GoPayLater Cicil (Terms of Use) carefully before You agree to this Terms of Use and register to the Platform.

By registering to the Platform. You hereby expressly and without exception agree to be bound by and be subject to this Terms of Use and this Terms of Use constitutes a valid agreement and binding on You. If You do not agree to any part, some or all of the contents of this Terms of Use, You may not use the GoPayLater or GoPayLater Cicil service.

This GoPayLater Terms of Use is an inseparable part of the Gojek Terms of Use: https://www.gojek.com/terms-an...

1. GENERAL OVERVIEW

1.1. Unless specifically defined in this Terms of Use, capitalized terms used in this Terms of Use shall be interpreted in accordance with the terms in the Gojek Terms of Use.

1.2. Before using the GoPayLater or GoPayLater Cicil service, You must agree to this Terms of Use and register through the Platform.

1.3. When You:

a. register for the first time as a prospective Borrower; 

b. sign the Loan Agreement; and

c. make a Transaction using GoPayLater or GoPayLater Cicil, 

You must read, acknowledge, understand and review the GoPayLater Terms of Use carefully and follow the applicable authentication and verification processes and steps.

1.4. GoPayLater (including any designation thereof as PayLater) and GoPayLater Cicil is a service in the Platform or Official Platform Partners which provides information technology-based loan facilities provided by the Lender(s) to the Borrower through Findaya as the P2P Lending Operator. 

The terms set out in this Terms of Use generally apply to the use of GoPayLater or GoPayLater Cicil service (as relevant), provided that the Loan Facility for each of GoPayLater or GoPayLater Cicil will be subject to the terms and conditions agreed and further stipulated in each loan agreement depending on the service You use.

1.5. The Loan funds channelled to You as the Borrower to make a Transaction using GoPayLater or GoPayLater Cicil are entirely derived from and owned by the Lender(s) registered on Findaya. Findaya only facilitates the provision of loan from the Lender(s) by forwarding the Loan Facility funds to You as the Borrower. Therefore, any legal relationship arising with regard to the Loan and the Bill shall be between You as the Borrower and the Lender(s) and all risks associated with the aforementioned legal relationship shall be the sole responsibility of You as the Borrower and the Lender(s).

1.6. Your consent to the Terms of Use shall be deemed as and shall constitute Your application to obtain Loan Facility and any Transaction You make using GoPayLater or GoPayLater Cicil (either the first Transaction or any subsequent Transactions) shall be deemed as and shall constitute a request to disburse the Loan Facility, and if the request is approved based on Findaya’s assessment, the Transaction Value will be deemed as Your loan amount channelled from the Lender(s) (“Loan”).

1.7. You acknowledge, understand and agree that Findaya (for the benefit of and on behalf of the Lender(s)) reserves the right to conduct examination, verification, evaluation, assessment and determine (approve or reject) the application to obtain Loan Facility and Loan disbursement request for each Transaction made by You. For the avoidance of doubt, Findaya (for the benefit of and on behalf of the Lender(s)) or the Lender(s) has the right to determine that the granting of Loan Facility and Loan disbursement for every of Your Transaction only applies for (i) GoPayLater only or (ii) GoPayLater and GoPayLater Cicil. 

1.8. You acknowledge and agree that the Lender(s) may transfer or assign any outstanding Loan and Bill to other parties, including but not limited to banks, non-bank financial institutions or other financial institutions subject to the provisions of the Applicable Law and therefore this agreement and acknowledgement shall be binding according to the Applicable Law, and any such transfer or assignment can be seen by the Borrower via the Platform or by other means or methods of communication and within such period as determined by Findaya from time to time.

1.9. You understand that Your failure to pay or repay the Loan may result in (i) collection activities being carried out by Findaya, the Lender or any other party appointed by Findaya and/or the Lender against the Borrower; (ii) the Borrower being reported to the Financial Services Authority (“OJK”); and (iii) adjustments to the Borrower’s creditworthiness record or rating at Findaya and/or Lender.

1.10. You agree to the use of the Electronic Signature provided/facilitated by Findaya or other parties in cooperation with Findaya.

1.11. Findaya will and may report to related parties, including but not limited to the OJK, PPATK and/or related institutions in the event that any of the information, data and statement provided by You is false or is in violation of or contravention with the Law.

1.12. In the event that You obtain a Loan from a Lender who is a foreign citizen or foreign legal entity (a legal entity not established pursuant to the Indonesian Law), You shall comply with and be subject to the applicable Law with respect to obligations related to offshore debts (including but not limited to any reporting obligations to Bank Indonesia, the Ministry of Finance, the Offshore Commercial Loan team and other authorized institutions).

1.13. This Terms of Use, in part or in full, including any of its features or services may be changed, modified or added from time to time based on Our own policies as can be seen through the Platform from time to time or as We notify to You, either through a Notification or announcement on the Platform, electronic mail, Your phone number registered on the Application and/or other means of communication. You are deemed to agree to these changes when You continue to use the GoPayLater or GoPayLater Cicil service after the date the changes, modifications and/or variations take effect. If You do not agree to these changes, modifications and/or variations, You must stop accessing or using GoPayLater and/or GoPayLater Cicil services, provided that You are required to first settle and pay off all of Your outstanding or payable obligations.

2. PROVISIONS RELATED TO LOAN

2.1. The Main Provision of the Loan

The terms and conditions set out in Part 2 of this Terms of Use refer and subject to the loan agreement.

2.2. Fee and Repayment

2.2.1. The Borrower will be charged Service Fees, Installment Value, Installment Fees along with Loan Interest and/or Late Penalty (as relevant) for each Loan received as further stipulated in the loan agreement.

2.2.2. Activation of Service by the Borrower constitutes an approval to repay the Loan only through your GoPay account or other means as instructed by Findaya. By performing an Activation, the Borrower gives an instruction and grant irrevocable power of attorney to Findaya to instruct and grant power of attorney to PT Dompet Anak Bangsa (“DAB”) to automatically deduct from Your GoPay account as a form of payment for current and any future Bills (“GoPay Deduction”), subject to the provisions as further stipulated in the loan agreement. The power of attorney from the Borrower to Findaya as intended will continue to be valid and cannot expire for any reason, including for reasons as regulated in Articles 1813, 1814 and 1816 of the Civil Code until repayment of the Loan has been made.

2.2.3. In addition to the mechanism stipulated in Article 2.2.2 above, the Borrower can also make payment of Bills along with Late Penalty (if any) using other methods as available on the Platform and/or Official Platform Partners.

2.3. Authority

2.3.1. You understand and agree that the Lender(s) has given an instruction and granted power of attorney to Findaya to conduct the matters related to the Loan Facility as follows:

a. To determine and/or perform this Terms of Use and any of its amendment from time to time for;

b. To evaluate and determine (approve or reject) Loan Facility applications and Loan disbursement requests to the Borrower;

c. To channel funds from the Loan disbursements to the Borrower based on the result of Findaya’s evaluation;

d. To determine and regulate the mechanism for the repayment of the Loan, Service Fees, Installment Fees, Loan Interest, Late Penalty, and other fees, including to receive full payment of Your repayment obligations as the Borrower and to appoint and transfer the authority to a third party to facilitate these payments;

e. To conduct collection of the Borrower’s repayment obligation to the Lender(s), including the Loan, Service Fees (if any), Installment Fees (if any) Loan Interest (if any), and Late Penalty (if any), to appoint and transfer the authority to perform collection to any third party appointed by Findaya and to exercise every right of the Lender(s) under this Terms of Use (as relevant); and

f. To represent and act for and on behalf of the Lender(s) in dispute settlement in the event of any dispute, over the fulfilment of rights and obligations of the parties, including to file a lawsuit against You as the Borrower in relation to the exercise of rights or the fulfilment of rights and the protection of the Lender(s)’s interest.

3. PROVISIONS RELATED TO THE USE OF GOPAYLATER AND GOPAYLATER CICIL

3.1. Activation of GoPayLater by You

a. To activate this service, You must agree to this Terms of Use and register at the Platform and/or Official Platform Partners, provided that such activation term is accepted and approved by Findaya in the Platform and/or Official Platform Partners (GoPayLater Activation).

b. Service Activation will be considered as Your application to obtain a Loan Facility with a maximum amount of the available Loan Limit. 

c. By agreeing to this Terms of Use, You have given Your consent to Findaya to obtain, use, process, store, and disclose Your Information in accordance with Findaya’s Privacy Policy, including but not limited to transferring Your personal data and information to other parties, using Your registered mobile phone number to contact You through various online messaging services (including Whatsapp) in relation with the provision of the Loan Facility.

d. If necessary, Findaya, from time to time, may ask You to provide and/or upload additional documents and/or information, including personal information in electronic form to Findaya.

e. The approval of Your Loan Facility application will be evidenced by a request for You to sign the Loan Facility agreement.

f. The approval of Your Loan disbursement will be evidenced by the successful processing of Your Transaction payment.

g. In the event that You have activated GoPayLater and/or GoPayLater Cicil, Findaya may require You to activate GoPayLater and GoPayLater Cicil by following the mechanism and assessment by Findaya and based on that activation, You agree, acknowledge and understand that the terms and conditions of stipulated under this Terms of Use will apply to You and constitute a valid agreement and legal obligation binding on You.

3.2. Use of Service

a. The Loan Facility that You get can only be disbursed as a Loan by making a Transaction through the Platform or through other Official Platform Partners.

b. Confirmation of Transaction orders on the Transaction confirmation page by You constitutes a Loan disbursement request and at the same time an instruction to Findaya to disburse a Loan equal to the Transaction Value to the Official Platform Partners and/or the Product Provider (as relevant) as payment for the Transaction (if Your Loan disbursement request is approved by Findaya).

c. You cannot cancel the Loan disbursement request that has been approved for funding by the Lender(s).

3.3. Transaction

3.3.1. Subject to Article 1.5 of this Terms of Use, You may make a Transaction using GoPayLater or GoPayLater Cicil, provided that:

a. You still have remaining Loan Limit with a minimum amount of the Transaction Value;

b. There is no outstanding amount of Bill from the previous Facility Availability Period; and

c. No Event of Default has occurred.

3.3.2. You hereby acknowledge and agree that the processing and settlement of Your Transaction are also subject to the terms and conditions of this Terms of Use, the terms and conditions of the Product Provider, and terms and conditions of the Official Platform Partners, as relevant.

3.3.3. The amount of Loan that arises from a Transaction will be equivalent to the Transaction Value.

3.3.4. You hereby acknowledge and agree that any legal relationship arising with regard to the product from Your Transaction is between You and the relevant Product Provider and Official Platform Partners. Therefore, the relevant Product Provider and the Official Platform Partners shall be responsible for the quality of the product and You will release Findaya and the Lender from any liability or obligation on the availability, accuracy, suitability, completeness or correctness of the services, content or products provided by the Product Provider.

3.3.5. Any successful Transaction as confirmed in the Platform or Official Platform Partners You make using GoPayLater or GoPayLater Cicil will deduct Your remaining Loan Limit and constitute a Loan. Any complaint or issue regarding goods and/or services, including any products, that You receive will not cancel the Loan. You may submit Your complaint over goods and/or services that You receive directly to the Product Provider.

3.3.6. If, based on the confirmation from the Product Provider, Platform, or Official Platform Partners, Findaya is informed that a Loan was provided without any successful Transaction (“Invalid Loan”), then the following conditions will apply to the Invalid Loan:

a. For any unpaid Invalid Loan, Findaya can reduce Your Bill and refund Your Loan Limit after Findaya receives the refund of disbursed Loan and Bill from the Product Provider with a maximum amount of the Invalid Loan.

b. For any paid Invalid Loan, the Product Provider will refund the Loan You have received to You through Findaya or the Platform in the amount of the Invalid Loan with the method determined by Findaya or together with the Product Provider and the Platform or Official Platform Partners (as relevant), in accordance with the policies of Findaya and the Platform.

c. The existence of any Invalid Loan will not reduce or cancel any other Loan, Service Fees (if any), Loan Interest (if any), and Late Penalty (if any) in a Facility Availability Period unless otherwise determined by Findaya or together with the Lender(s) by providing notification to You in accordance with the policies of Findaya and the Lender(s).

The provisions in points (a) and (b) of Section 3.3.6 above are only applicable provided that You have notified Findaya regarding the Invalid Loan within 45 (forty-five) Business Days from the date of the Transaction which incurred such Invalid Loan in concurrence with the record in the Platform.

3.4. Verification

a. You may be asked to submit additional documents or information, either electronically or in person to Our office, or to meet Our agents, as may be instructed by Us, if You wish to use the GoPayLater or GoPayLater Cicil service or as required.

b. We will verify the information and documents that You submit through the Platform and Official Platform Partners and determine whether You meet the requirements as a GoPayLater and/or GoPayLater user.

c. Findaya will verify, examine, review and assess any information, data and statements provided by You, including collaborating with third parties to verify and assess eligibility for Loan applications.

d. We are fully authorized to approve and/or reject Your verification request with due observance of the provisions of the applicable laws and regulations. We may, at any time, withdraw approval of Your verification request and reset Your account status to unverified, including if there is doubt as to the accuracy and/or validity and completeness of the documents and/or information that You submitted.

e. To avoid any misuse of Your account, We may terminate any service if the documents or information We request from You are inaccurate, invalid and/or incomplete.

3.5. Authentication

a. As part of Our efforts to maintain the security of Your account, You need to have a six-digit code as a Personal Identification Number (PIN) code as an authentication method for Your Account. By performing the Activation, You agree that Your Personal Identification Number (PIN) on the Gojek Application or Your GoPay account will be registered as the Personal Identification Number (PIN) for the authentication of Your Account (“PIN”).

b. Your PIN code will be required for Loan disbursement for every Transaction You make using GoPayLater or GoPayLater Cicil (either the first transaction or subsequent Transactions), for Loan payments/repayments and/or the use of certain features that We provide.

c. You are required to maintain the confidentiality of Your PIN code. Any loss arising from Your failure to maintain the confidentiality of your PIN code shall be Your sole responsibility. Any delivery of a verified PIN from Your Account will be considered a legitimate transaction and/or activity.

d. The resetting of PIN or other valid authentication methods will be subject to the terms and conditions of the Platform or the relevant Official Platform Partner. We and Our staff never ask for PIN or One-Time-Password (OTP). You agree to assume all risks associated with the disclosure of Your PIN or One-Time Password (OTP) to any third party and to be fully responsible for any consequences associated therewith.

e. We may provide other authentication methods, including but not limited to fingerprint and/or facial recognition authorization, whichever Your device allows. You must follow the registration steps for identifiable factors, as relevant, such as fingerprint for fingerprint authentication and/or real-time facial image for facial recognition) as determined by Us, if You wish to activate the authentication method. This authentication method may require PIN prior to activation.

f. Identifiable authentication factors can be stored and verified by Us or by third parties (such as the device You are using, according to your permission). Any claims relating to storage and/or verification of identifiable factors by third parties (such as the device You are using) shall not be Our responsibility. However, We will make reasonable efforts to minimize the risks that We can identify, which may arise from the activation and/or use of authentication factors.

g. If You access Your Account through an Official Platform Partner, that Official Platform Partners may create its own authentication method. We are not responsible for the authentication method of such Official Platform Partner.

h. If You change the PIN of your GoPay account, it will be considered as and is a change to the PIN for Your Account in accordance with the terms for changing your GoPay account PIN.   

3.6. Findaya’s Privacy Policy

By agreeing to this Terms of Use, You represent that You have read and agreed to Findaya’s Privacy Policy. Therefore, You must read, acknowledge, and understand Findaya’s Privacy Policy carefully.

3.7. Other Provisions

By agreeing to this Terms of Use, You acknowledge that You have read and agreed to the other provisions relating to the Loan Facility. 

3.8. Rights and Obligations of the Parties

3.8.1 Findaya’s Rights and Obligations

Notwithstanding any other rights and obligations stipulated herein, the rights and obligations of Findaya as the P2P Lending Operator are as follows:

a. Findaya shall be entitled to receive, collect, use, save, process, and disclose and assign to other parties, for the purpose of providing services and the Loan Facility, Your Information that has been submitted to or shared with Findaya in accordance with Findaya’s Privacy Policy;

b. Findaya shall be obligated to perform the terms stipulated in this Terms of Use in connection with the provision of Loan Facility; and

c. Findaya shall be entitled to determine the provision and use of GoPayLater and/or GoPayLater Cicil on the Platform, Official Platform Partners or certain Product Providers from time to time as can be seen by You through the Platform

3.8.2 Your Rights and Obligations

Notwithstanding any other rights and obligations stipulated herein, Your rights and obligations are as follows:

a. Subject to the results of verification, examination, review and assessment by Findaya of Your Loan Facility application, You can be entitled to receive the Loan Facility; 

b. You must notify Findaya and provide updates for any changes to Your information, data and statements provided to Findaya or uploaded to the Platform from time to time;

c. You must not engage in any action that will and/or might cause losses to Findaya and/or the Lender(s), including reputation damage in any manner as well as abusive and/or fraudulent behaviours or behavioural patterns identified by Findaya’s system as a suspicious pattern of financial activity; 

d. You must comply with all terms and conditions, applicable usage policies and privacy policy of the products and/or services in the Platform and Official Platform Partners;

e. You shall at all times consider the amount of Service Fees, Installment Fees, Loan Interest and any costs that must be paid in accordance with Your ability to repay the Loan and consult with other parties, if necessary, before applying for and obtaining any Loan Facility; 

f. You shall cooperate and provide any information needed to the Financial Services Authority (Otoritas Jasa Keuangan / OJK), the government and other law enforcement agencies in the event that the information, data and statements provided by You are contrary to the Applicable Law; and

g. You are prohibited from abusing the GoPayLater or GoPayLater Cicil service for actions or activities related to money laundering or terrorism financing, money politics, violations of social norms, funding of groups prohibited under the provisions of the Applicable Law, funding for trafficking in illegal drugs (narcotics or psychotropics) and/or other activities that violate the provisions of the Applicable Law (hereinafter collectively referred to as the Law Violation). You hereby understand and acknowledge that (i) Findaya has the right to report to the relevant authorities in accordance with the Applicable Law if Findaya finds any indication of Law Violation by You or You are legally proven to have committed a Law Violation; and (ii) Findaya has the right to block Your Account and/or postpone the channeling or disbursement of Loans, as relevant. 

4 MISCELLANEOUS

4.1. Your Representations and Warranties

You represent and warrant that:

a. You are an Indonesian citizen and legally subject to the laws of the Republic of Indonesia, and are a legally capable individual, aged at least 21 (twenty-one) years old or are married and are not under any guardianship or receivership.

b. If You do not meet the above criteria, then:

(i) You represent and warrant that the Account opening, registration and other activities that You do using GoPayLater and/or GoPayLater Cicil have been approved by Your parent(s) or guardian; or

(ii) Findaya has the right to terminate the GoPayLater and/or GoPayLater service, cancel Your Loan Facility and/or take actions according to the terms of events of default in the Loan Facility agreement;

c. You have obtained the necessary permits and/or approvals pursuant to the Applicable Law to obtain a Loan Facility;

d. All facts, data, information, documents and statements provided by You to obtain the Loan Facility are true, accurate and complete; 

e. You have read and understood this Terms of Use and that this Terms of Use is a valid legal obligation and legally binding on You; and

f. By uploading information to Your Account and/or Platform, You represent and warrant that You are the owner and holder of information, statement or data uploaded to the Platform and/or Account and have the right to upload such information or data to the Application and/or Account.

4.2 Limitation of Liability of Findaya

4.2.1 Findaya shall not be responsible for the completeness, accuracy, precision and correctness of any data, statement and information (including Information) provided or data uploaded by You and/or Lender, including but not limited to information on the use of the Loan.

4.2.2 With due regard to the Applicable Law, Findaya shall not be liable for:

a. Any indirect and immaterial loss, including costs, interest, damage or loss of any kind or nature (including personal injury, emotional distress and loss of data, property, income, profit, business, opportunity, use or other economic gains) suffered by You or a third party;

b. Any loss, including expense, interest, damage or loss of any kind or nature (including personal injury, emotional distress, and loss of data, property, income, profit, business, opportunity, use or other economic gains) suffered by You or a third party due to errors, negligence or violations by You or a third party other than Us; and

c. Any loss, including expense, interest, damage or loss of any kind or nature (including personal injury, emotional distress, and loss of data, property, income, profit, business, opportunity, use or other economic gains) that occurs due to system failure of Official Platform Partners, the legality of goods and/or services provided in Official Platform Partners or Product Providers, as well as the safety and security of Your Transactions that occur in Official Platform Partners. 

4.2.3 Notwithstanding Articles 4.2.1 and 4.2.2 above, in the occurrence of an event that results in Findaya becoming liable to You for any legal or payment obligation in connection with the Service and/or the Terms of Use, the amount of such payment obligation and liability shall not exceed the amount of Service Fees, Installment Fees, and/or Loan Interest (as applicable) paid by You in the period on which the event that results in Findaya’s payment obligation to You occurs.

4.2.4 Any claim, lawsuit or demand You have against Findaya relating to the Service or this Terms of Use must be notified to Findaya within 6 (six) months after the event that caused the claim. If You do not submit any claim, lawsuit or demand within that time period (to the extent permitted by the Applicable Law), You will lose the right to claim and indemnity You have in connection with the claim.

4.2.5 Findaya is not the party that provides the Loan Facility to the Borrower. In this case, the Loan Facility provided to the Borrower only comes from the Lender where funds are channelled by Findaya based on the procedures and mechanisms as determined by Findaya. For the avoidance of doubt, the right, authority and power granted to Findaya by the Lender cannot, in any case and context, be considered or interpreted as a form of transfer of responsibilities and obligations from the Lender (including permits, licenses and certificates required to carry out its obligations) to Findaya. Therefore, the commercial relationship is between the Lender and the Borrower and You understand that Findaya is only responsible as an information technology-based fund-lending service operator that connects the Lender and the Borrower.

4.2.6 Findaya does not provide any guarantee to You as to the certainty of the availability of Lenders who are willing to provide Loan based on Your funding request.

4.2.7 You have read, acknowledged and understood and agreed to release Findaya from any and all demands, claims, compensation or other forms in connection with the failure of the loan provision. Findaya has the right not to provide any explanation on the reasons for the failure of the lending, including the rejection, delay or cancellation, except as required by the provisions of the Applicable Law. 

4.2.8 The Platform may contain content provided by third parties as partners who cooperate with Findaya. You understand, acknowledge, accept and agree that Findaya will be released and shall not be responsible or liable for the availability, accuracy, suitability, completeness or correctness of the services, content or products provided through these third party services. Findaya does not make any representations or warranties as to the services, content and/or products provided by third parties as partners who cooperate with Findaya.

4.2.9 For every purchase of items, products and services from Product Providers,as available through the Platform or Official Platform Partners, You are required to carry out due diligence on every item, product and service that will be purchased using the Service. You release Findaya from any demand, claim and responsibility for any item, product and service purchased from any such partner (merchant or retail) of Findaya.

4.2.10 Indemnities

By agreeing to this Terms of Use, You agree to release Us, the party who grants licenses to Us, Our Affiliates and any employee, director, commissioner, worker, representative and agent of Us, from and against any and all claims, costs, damages, losses, responsibilities and expenses (including attorney fees) arising out of or in connection with:

a. Your violation of this Terms of Use, or the provisions of the applicable laws and regulations, whether or not referenced in this Terms of Use;

b. Your violation of the rights of other third parties in connection with GoPayLater and/or the Service;

c. Any use or abuse of the Service by You or other parties using Your account;

d. Any mistakes committed by parties other than Us, whether intentional or negligent; or

e. Blocking of Your account based on the terms set out in this Terms of Use.

This indemnity provision will remain in effect even after Your account has been terminated.  

4.3. Your Account Information

4.3.1. Your Account in the Platform (“Account”) shall be Your responsibility. You shall not authorize any other person to use Your identity and/or Your Account. You shall not assign or otherwise transfer Your Account to any other parties. You must maintain the security and confidentiality of Your Account’s password and any identification provided by Findaya and/or Gojek to You, including in the form of a one-time password (OTP). If there is any illegal and/or unauthorized use of Your Account or identity by any third party, in any case, instructions generated from such use by third party will be considered as Your instructions, including with regard to Loan Facility request and Loan disbursement, unless You have notified Findaya to block the Service for Your Account before such instruction is received by Findaya. You agree, acknowledge and understand that Findaya will not be responsible and will be released from any loss, demand, claims and lawsuit from other parties in any case, in connection with any illegal and/or unauthorized use of Your account or identity by third parties.

4.3.2. If Findaya becomes aware of or has a reasonable ground to believe that You have committed an infringement, crime, fraud or other act in violation of this Terms of Use and/or any applicable laws and regulations, whether or not referred to in this Terms of Use, Findaya reserves the right to and may suspend and terminate Your Account, either temporarily or permanently, or to terminate Your access to the Service, to investigate, claim damages, to report to the authorities and/or to take any other action that Findaya considers necessary, including criminal or civil action.

4.3.3. Findaya will take actions by investigating and/or facilitating the concerned Lender(s) to report to the appropriate authorities if Findaya receives a report of Your violation of this Terms of Use or a violation of applicable laws and regulations. 

4.3.4. If Your Account or mobile phone is missing, stolen, and/or hacked, You are obliged to immediately inform Findaya in accordance with this Terms of Use.

4.3.5. If You have any question, request, complaint or need to provide any information in relation to the Service, You must send it via electronic mail to the address as stated in the Platform, contact the phone number or through other means of communication as stated in the Application.

4.3.6. To respond to Your questions and complaints, Findaya will first verify Your Information. Findaya shall be entitled to refuse to further process Your question or complaint if Your information does not match the data or Information recorded in Findaya’s system by providing notification to You.

4.3.7. Findaya will review and verify Your complaint and provide a response in accordance with Findaya’s applicable policy and procedure upon receiving a complete complaint submission from You.

4.3.8. By agreeing to this Terms of Use, You understand, agree, accept and allow that Findaya may and has the right to request, save, collect, process, disclose, verify, examine, review, evaluate and update any information that You provide or obtained from other parties, including to collaborate with third parties to assess the eligibility of a Loan Facility application, credit assessment and Your profile assessment, background checks, Your credit history and status, fraud checks, and other checks required according to Findaya’s policy. In this case, You understand, agree, accept and allow Findaya to work with other parties as needed to access and use the Service, which among others include but are not limited to the following parties:

a. Institutions or government institutions with population data centres for the purpose of verifying the validity of Your identity or other parties who have access to population data centres for the purpose of verifying the validity of Your identity;

b. Electronic signature service providers for the purpose of creating digital signatures;

c. Credit information providers to obtain information on the status of collectability, credit history and other financial information so that Findaya or its Affiliates can assess the eligibility of (i) You as the borrower, or (ii) requests for Loan Facility by You;

d. External collection partners who collaborate with Findaya (if any); 

e. Credit insurance partners or guarantee provider partners that collaborate with Findaya for the credit risk mitigation requirements for Lender(s);

f. Lender for the purpose of requesting funding for the Loan Facility or if You as the Borrower do not pay off the Loan after 90 (ninety) Calendar Days after the Payment Due Date;

g. The supervisory authority for the purpose of investigating problems with the use of services provided by Findaya or for other matters in accordance with requests from the supervisory authority in writing to Findaya;

h. Alternative Dispute Resolution Institutions, if needed, to settle disputes; 

i. Authorized associates who are officially appointed by the relevant governmental authority to gather information needed for the compilation of information technology-based fund-lending service data centers; 

j. Financial Transaction Reports and Analysis Center if Findaya identifies suspicious financial transactions as stipulated in the provisions of the Applicable Law relating to eradication and prevention of money laundering and terrorism financing;

k. Law enforcement authorities in the Republic of Indonesia such as the National Police of the Republic of Indonesia, the Corruption Eradication Commission, courts, etc. for any purposes related to law enforcement (including, but not limited to cases of law violation, crime, money laundering, terrorism funding, and corruption) which in this case must be requested formally and in writing by the relevant authority; and

l. The Directorate General of Taxes of the Republic of Indonesia to fulfil the reporting obligation in accordance with the provisions of the applicable tax regulations, including among others regulations regarding automatic exchange of information.

4.4. Taxes and Fees

The Parties agree that any obligation with regard to taxes and/or other levies incurred based on this Terms of Use will be borne by each Party in accordance with the prevailing tax regulation in the Republic of Indonesia unless otherwise expressly stipulated herein.

4.5. Event of Default

Events of default are subject to the provisions set out in the Loan Facility agreement.

4.6. Governing Law and Dispute Settlement

This Terms of Use and its performance are governed by and interpreted pursuant to the law of the Republic of Indonesia. The Parties agree that each and all disputes arising from the use of the Service and this Terms of Use shall be subject to the exclusive jurisdiction of the South Jakarta District Court.

4.7. Definitions

In this Terms of Use, unless the context requires otherwise, these following terms will have the following meaning:

Affiliate means (i) the controlling party of; (ii) a subsidiary of; or (iii) parties who are in common control with; or (iv) parties that are in a business group with Us.

Activation has the meaning given in Article 3.1 (a).

Account has the meaning given in Article 4.3.1.

You means the party that uses the Platform,  GoPayLater and/or GoPayLater Cicil service, including but not limited to any party who has registered through the Platform as the Borrower. 

Service Fees are fees charged to You as the Borrower by Findaya and/or the Lender(s) for using the GoPayLater Akhir Bulan service. 

“Installment Fees” is Loan Interest for the use of GoPayLater Cicil as stated in the loan agreement for each Transaction.

Loan Interest means the interest charged to You as the Borrower by the Lender(s) for using the GoPayLater Cicil. 

DAB has the meaning given in Article 2.2.2.

Loan Facility means GoPayLater and GoPayLater Cicil loan facilities with an amount in accordance with the Loan Limit provided by the Lender to the Borrower through the Platform in accordance with the provisions stipulated in the Loan Facility agreement. 

Findaya or We/Us/Our means PT Mapan Global Reksa, a limited liability company established under the laws of the Republic of Indonesia, which in this Terms of Use acts in its capacity as a P2P Lending Operator.

Gojek means PT GoTo Gojek Tokopedia (formerly PT Aplikasi Karya Anak Bangsa) and its Affiliates.

GoPay means the electronic money service issued and operated by DAB.

GoPayLater means a service on the Platform or Official Platform Partners which is the provision of information technology-based loan facilities provided by the Lender(s) to the Borrower through Findaya as a P2P Lending Operator by way of repayment of the Loan along with Service Fees (if any) on the date the last of the current month.

“GoPayLater Cicil” means a service on the Platform or Official Platform Partners which is the provision of information technology-based loan facilities provided by the Lender(s) to the Borrower through Findaya as a P2P Lending Operator by way of repayment of the Loan along with Installment Fees (if any) and Loan Interest (if any) in installments.

Calendar Day means Monday to Sunday, including public holidays and collective leave.

“Business Days” are days, other than Saturdays, Sundays and official national holidays, when banks are open to conduct their business activities in accordance with the regulations of Bank Indonesia and/or OJK. 

Applicable Law means any law, regulation and implementing regulations, decrees or policies that are valid and have legal force including regulations, regional regulations and other subordinate legislations, requirements and guidelines from the central, provincial, regional, municipal governments, regencies, or regional governments in the Republic of Indonesia and other jurisdictions related to the provision of information technology-based fund-lending services, and including ministries, departments, commissions, bureaus, councils, administrative and/or regulatory agencies or authorities or other instruments thereof which are legally required to be adhered to by each Party. 

Information  means all information, statements, and data, whether existing now or in the future, including all changes and/or updates thereto, about Yourself that You provide to Gojek and/or Findaya and information that can be identified and collected through the Platform, Official Platform Partners, the use of GoPayLater, and the use of any services provided or facilitated by Gojek. 

Gojek Terms of Use  means the terms of use of the Gojek application as set out in https://www.gojek.com/terms-an...  and as may be amended from time to time. 

Findaya’s Privacy Policy  means the privacy policy created and regulated by Findaya in connection with the request, access, acquisition, collection, storage, maintenance, processing, use, analysis, distribution, disclosure, display, transmission and dissemination of any personal data and/or Information obtained and received from You or Your Lender as accessible on https://www.findaya.co.id/kebi... or through the Platform and on the date of agreement to this Terms of Use, the privacy policy is as attached to this Terms of Use. You understand, accept and agree that Findaya's Privacy Policy including any of its changes and updates from time to time shall form an integral and inseparable part of this Terms of Use, however the most up-to-date Findaya's Privacy Policy is as set out in https://www.findaya.co.id/kebi....  

“Services” means GoPayLater and GoPayLater Cicil services provided by Findaya.

Loan Limit means the credit limit available to You as stated on the Platform and Loan Facility agreement. 

Official Platform Partners means platform, website, or other official applications of various Gojek, Findaya partners or Findaya Affiliates, which through such platform, website, or application some or all parts of the features or Findaya’s products can be accessed subject to the terms and conditions set by those platforms, website, or application. 

“Transaction Value” means the value of a successful Transaction paid using GoPayLater or GoPayLater Cicil.

Parties means You and Findaya.

Lender means the party that provides and lends loan funds to the Borrower through Findaya as a P2P Lending Operator, in which case all rights and obligations will be carried out by Findaya for the benefit of and on behalf of the Lender(s). 

“Borrower” means the party who applies for a loan and receives loan funds from the Lender through Findaya as a P2P Lending Operator.

Product Provider means any party who provides goods and/or services, either (i) directly (offline) or (ii) online through the Platform or Official Platform Partners, where payments can be processed using GoPayLater or GoPayLater Cicil. 

P2P Lending Operator means information technology-based fund-lending services operator that is officially registered with OJK. 

Loan has the meaning given in Article 1.6.

“Platform” means an information technology-based fund-lending service platform that can be accessed through a website or application owned or operated by Findaya, which can also be accessed or used through the Official Platform Partners application.

POJK 77 is the Financial Services Authority Regulation No. 77/POJK.01/2016 regarding Information Technology-Based Fund-Lending Services, as amended or replaced from time to time. 

GoPay Deduction has the meaning given in Article 2.2.2.

PPATK means the Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan) which is the central institution (focal point) established by the Government of the Republic of Indonesia which has the function of coordinating the implementation of the prevention and eradication of money laundering in Indonesia. 

Bill means all Loans that You as the Borrower receive during a Facility Availability Period along with Service Fees, Installment Value, Installment Fees along with Loan Interest (as relevant), which will be billed to You as the Borrower. 

Electronic Signature is a signature consisting of electronic information that is embedded, associated with or related to other electronic information that is used as a verification and an authentication tool, as regulated in Law No. 11 of 2008 regarding Electronic Information and Transactions, Regulation of the Minister of Communication and Informatics of the Republic of Indonesia Number 11 of 2018 regarding Electronic Certification and POJK 77, including its amendment from time to time. 

Payment Due Date has the meaning as stated on the GoPayLater page in the Platform and/or Loan Facility agreement. 

Transaction means any transaction of any kind with a Product Provider in which the payment (either in part or in whole) can be made using GoPayLater or GoPayLater Cicil. 

WNA stands for foreign citizens (warga negara asing) or foreign legal entities.

4.8. Miscellaneous 

4.8.1. Findaya shall be entitled to terminate Your GoPayLater and/or GoPayLater Cicil service or to take any actions or steps as considered necessary by Findaya, in the event of Force Majeure. Force Majeure shall include but not limited to natural disasters, fires, strikes, demonstrations, pandemic, national disasters, request from government authority to terminate the service as well as any other events or incidents that are beyond Findaya’s control. For the avoidance of doubt and to the extent permissible under the Applicable Law, the Force Majeure event shall not waive Your payment obligation in accordance with, Loan Facility agreement and this Terms of Use, unless otherwise stipulated by Findaya based on its sole discretion or based on the Lender’s instruction.

4.8.2. You may not assign, all or any part of Your rights and obligations that arise out of or in relation to the Loan and the Terms of Use, GoPayLater or GoPayLater Cicil service to any other party without Findaya’s approval.

4.8.3. Without prejudice to the provisions of Article 1.8 of this Terms of Use, You agree that the Lender(s) or Findaya has the right to transfer or assign their rights and obligations under this Terms of Use to any third party.

4.8.4. Should one or more of the provisions in this Terms of Use become no longer applicable, invalid or unenforceable in any way according to the Applicable Law, such event will not affect the validity, applicability and enforceability of the other provisions in this Terms of Use.

4.8.5. The Parties hereby represent that no government institution of the Republic of Indonesia, including but not limited to the Financial Services Authority (OJK), is responsible for any credit risks and/or failure to pay and all losses arising out of or relating to the provision of Loan Facility.

4.8.6. All information contained in Findaya’s feature page or in the Platform, including but not limited to the information on Transaction history, the Loan amount, the Service Fees, Installment Fees (if any), Late Penalty (if any), Loan Interest (if any), Grace Period and Your profile as the Borrower or user shall constitute an integral part of this Terms of Use and the Loan Facility agreement.

4.8.7. This GoPayLater Terms of Use is prepared and made and executed in Indonesian and English versions. In case of any inconsistency between the Indonesian and English version, the Indonesian version shall prevail, and the English version shall be deemed to be automatically amended to conform with and be consistent with the Indonesian version.

The Parties agree that this Terms of Use has been duly prepared, made, and executed by way of electronic signature approval in accordance with Law of the Republic of Indonesia No. 11 of 2008 regarding Electronic Information and Transactions and its implementing regulations and amendments from time to time. If further required by the applicable laws or policies of the relevant authority, the Parties agree to use the digital signature method as required and all costs incurred to adjust to such digital signature shall be borne by the Lender(s).

FINDAYA’S PRIVACY POLICY

1. General Overview

i. This Findaya’s Privacy Policy (“Privacy Policy”) explains how We obtain, collect, access, store, use, process, transfer, disclose, and protect Your Personal Information that You have provided or identifiable through the use of the Our Platform and/or Services. 

ii. We expect You to carefully read this Privacy Policy to ensure that You understand this Privacy Policy and to help You make Your decision on (a) using the Services and (b) providing Your Personal Information to Us. 

iii. This Privacy Policy shall apply to all persons and entities accessing or using Our Platform and/or Services. By accessing the Website and/or using the Services provided on the Platform, You hereby expressly declare that You have read, understood, and agreed to the terms in this Privacy Policy and You expressly declare to be bound by and subject to this Privacy Policy. In particular, You acknowledge and give Your consent to Us to collect, use, distribute, disclose, store, transmit, and process Your Personal Information in accordance with this Privacy Policy. 

This Privacy Policy covers the following: 

  1. General overview
  2. Collection of Personal Information
  3. Use and Disclosure of Personal Information We Have Collected
  4. Credit Rating Agencies
  5. Retention of Personal Information 
  6. Locations Where We Store Your Personal Information 
  7. Security of Your Personal Information 
  8. Access to and Correction of Personal Information 
  9. Withdrawal of Your Consent
  10. Changes to Our Privacy Policy
  11. Minors
  12. Marketing Material
  13. Third-Party Platforms
  14. Implementation of Anti-Money Laundering and Counter-Terrorism Financing 
  15. Limitation of Liabilities
  16. Governing Law and Language
  17. Definition
  18. Contact

2. Collection of Personal Information

General

i. If You access the Platform or use the Services, We may process technical data such as Your internet protocol address, the webpages that You have visited, the internet browser that You use, the webpages that You have previously visited and will visit and the duration of each visit or session that will allow Us to deliver the functions of the Platform. 

ii. In addition to that, in some cases, Your browser and/or device may suggest You to enable the geo-location function to allow Us to deliver a better experience for You in using the Services. With these technical data, We can manage the Platform and the Services, such as by resolving technical difficulties or fixing access to certain parts of the Platform and Services. 

iii. If You use the Services through a Platform provided by a third party, Your use of the Platform and Services shall also be subject to the privacy policy applicable in the platform of such third party. 

iv. From time to time, We may collect Your Personal Information, including Personal Information: 

(a) provided by You or Approved Parties to Us (“Personal Information that You Provide”); 

(b) identified and collected by Us for the use of Services and/or Platform by You (“Service Use Information”); and

(c) We collect from sources available to the public, including but not limited to credit rating agencies or bureaus, or other agents, vendors, partners and parties who provide services to Us, act on Our behalf, or are in collaboration with Us. In such case, We shall only collect Your Personal Information for and in respect of the purposes that involve such third parties or Our collaboration purposes with such third parties (as the case may be). 

Personal Information that You Provide.

i. Upon registering to the Services, You will provide certain Personal Information to Us in accordance with the terms of use as required for each of the Services. The Personal Information that You Provide is correct, accurate, complete and not misleading. 

ii. When You use or subscribe to a Service, You may provide Personal Information to Us, as relevant, such as the type of the Service, total transaction value, bank and/or electronic money account number, address, loan amount, bank name, account holder name and/or other data to support the ecosystem of the Services. You must always update and notify any changes to the Personal Information that You have provided to Us. We are entitled to request any required documents to verify any of the Personal Information that You have provided. 

iii. Through You, We may collect information and data regarding beneficiaries, shareholders, attorneys, trustees, Your guarantors, other security providers, and other relevant individuals to provide Services (all of the aforementioned who are individuals are hereinafter collectively referred to as Relevant Individuals). By obtaining the Personal Information of the Relevant Individuals, You guarantee that You have obtained the prior consent of the Relevant Individuals to give their data to Us. 

iv. In relation to the Services provided to You, We may collect the following information and data: 

(a) Your Personal Information and/or the Relevant Individuals’ Personal Information that is identifiable to You or the Relevant Individuals, including but not limited to information required for the implementation of the “know your customer” principles pursuant to the applicable laws and regulations and Our internal policy; 

(b) Your Personal Information and/or the Relevant Individuals’ Personal Information provided to Us during Your access to or use of the Platform and/or Services, such as records of participation in any interactive correspondence on the Platform and Your answers to questions intended for security verification purposes; and

(c) Your Personal Information and/or the Relevant Individuals’ Personal Information provided to Us and parties related to the Services, including records of correspondence via telephone, mails, online chat, online messaging, emails or other means of communications. 

Information collected every time You use Our Platform or visit Our Website 

i. Your Personal Information that is collected every time You visit the Platform and use the Services include: 

(a) technical information, including the Internet Protocol (IP) address used to connect Your device to the Internet, Your login information, browser type and version, time zone settings, browser plug-in type and version, operating system and platform; 

(b) site visit information, including any Uniform Resources Locators (URL) clickstream to, via and from the Platform (including date and time), services that You see or search for, page response time, download errors, duration of visit to certain pages, page interaction information (such as scrolls, clicks, dan mouse-overs) and methods used to move from the page and any telephone number used to call Our customer service number;

(c) information and data from cookies or other technology used on the Platform; and

(d) activities and/or transaction information related to the Services You use, including search results and history for Services on the Platform, Services transaction records, loan payment records, loan amount, loan purpose and Your loan disbursement records. 

ii. We will also collect any of Your Personal Information collected by Us when You participate in events held by Us, such as gatherings, seminars, contests or award programs, in any form including Your photos, video and audio recordings. We may also use and/or incorporate any such data in Our communication, publication, advertising and/or promotional materials. 

iii. Every time You use Our Platform or visit Our Website, We may collect certain technical data in relation to Your use, such as internet protocol address, information of webpages You have previously visited or will visit, the duration of each visit/session, identity of internet device or media access control address, and other device information, including information regarding the manufacturer, model, and operating system of the device You use to access Our Platform or Website.

iv. Use of Cookies - Cookies are small data files stored by Your browser on Your internet device. With cookies, the features of the application and/or the website You access may store information and remember Your actions and preferences from time to time. Most browsers and internet devices support cookies; but You may change the settings of Your browser or the device You use to refuse certain types of cookies or specific cookies. In addition to that, You may delete cookies at any time. We use cookies for a variety of purposes. For example, We use them to store Your page browsing preferences, help You use the Services or manage the Services. 

3. Use and Disclosure of Personal Information We Have Collected

Use of Personal Information 

i. We use Your email address, name, telephone number, and/or password to verify Your ownership of an account in the Services provided on the Platform, to communicate with You in relation to the use and management of the Services and to provide You with information regarding the Services and the Platform. 

ii. We may also use Your name, email address and telephone number to deliver messages, notify You of general changes and/or updates to the Services and the Platform, inform You of special offers and promotions, respond to Your enquiries and suggestions and provide assistance in connection with and resolve technical difficulties or operational issues with the Platform or Services. 

iii. We may use Your Personal Information to facilitate any verification as We consider necessary with respect to the “know your customer” process. 

iv. We use Your Personal Information, such as records of the use and payment of Services and records of Your transactions and expenses, that have been provided by You and/or Approved Parties for:

(a) determining and analyzing Your request to receive Services; 

(b) evaluating which Service programs are suitable for Your requirements; 

(c) performing collection of Your outstanding obligations to Us or Our Affiliates, to the extent permitted under the applicable law;

(d) assessing and determining the characteristics of Your transactions and activities in receiving Services; and/or

(e) Services Development Purposes. 

v. You hereby agree that Your Personal Information shall be used by Our data processing system to ensure the best function of Our Services and/or Platform. 

Disclosure of Your Personal Information

i. You acknowledge, understand, accept and agree that We may disclose or distribute Your Personal Information to Our Affiliates or third parties for the following purposes as well for any other purposes as permitted under the applicable laws and regulations: 

(a) for the provision of Services to You, including to process Your registration in relation to Our Services and Platform, and to communicate with You;

(b) if required or authorized by the applicable laws and regulations (including, but not limited to, to respond to enquiries related to regulations, investigations or guidelines, or to comply with the terms or requirements for archiving and reporting pursuant to the law), for the purposes as determined by the applicable laws and regulations; 

(c) if instructed, requested, required or allowed by the relevant government, for purposes as specified in the government policies, rules or the applicable laws and regulations; 

(d) in the event of proceedings of any kind between You and Us, or between You and any other party, in connection with, or in relation to the Services, for the purpose of such proceedings;

(e) in situations with regard to public interest, We may share Your Personal Information with the relevant government and/or other authorized institutions as may be designated by the relevant government or are in collaboration with Us, for the purpose of supporting the initiatives, policies or programs of the government, public health and other purposes as reasonably required;

(f) in connection with all verification processes as We consider necessary before registering You as a user of the Services, including “know your customer” checks, background checks, credit assessment, eligibility assessment;

(g) in respect of a merger, disposal of company assets, consolidation or restructuring, financing or acquisition of all or part of Our business by or to another company, for the purpose of such transaction (even if the transaction is not consummated); 

(h) to third parties, including agents, vendors, suppliers, contractors, partners, and other parties who provide services to Us or You, act on Our behalf, or parties with whom We have a commercial partnership with; and 

(i) in the case that We share Personal Information with Affiliates, We shall do so for the purpose of their assistance to Us in providing the Services, operating Our business (including when You subscribe to Our mailing list, for the purpose of direct marketing), or for the purpose of data processing on Our behalf. All Our Affiliates are committed to processing the Personal Information that they receive from Us in accordance with this Privacy Policy and the applicable laws and regulations.

ii. You acknowledge, understand, accept and agree that We may engage or partner with third-party companies and individuals to facilitate or provide assistance to and/or on behalf of Us with the purpose for: 

(a) providing customer support; 

(b) providing geo-location information; 

(c) performing activities in relation to the Services and Platform (including but not limited to maintenance services, database management, web analysis and Platform feature improvement); 

(d) helping Us in analysing how the Platform and Services should be used and developed; 

(e) assisting Our professional advisors and external auditors, including legal counsels, financial advisors, and consultants in performing their duties; and/or 

(f) achieving the Services Development Purposes. 

Such third parties shall only have access to and/or obtain Your Personal Information to perform such duties for and/or on behalf of Us and shall be contractually committed to not disclose or use such Personal Information for any other purposes. 

iii. You acknowledge, understand, accept and agree that We may disclose Your Personal Information to the extent required by the law, or required to comply with the provisions of the laws and regulations, government institutions, or in the event of a dispute, or any kind of proceedings between You and Us, or between You and any other party in connection with, or in relation to the Services, or in emergency situations related to Your health and/or safety. 

iv. With respect to the disclosure of Your Personal Information as mentioned in (iii) above, We may disclose, display, transmit, update and provide Your Personal Information and any other information related to You to other parties in connection with the provision of Services, which among others include: 

(a) The Directorate General of Population and Civil Registration (Kependudukan dan Pencatatan Sipil/“Dukcapil”), Government Institutions with population data centres, or other operators with an official relationship with the Dukcapil or Government Institutions for the purpose of verifying the validity of Your identity. The processing of and the retention period of Your Personal Information at the Dukcapil or related Government Institutions shall be subject to the internal policies of the Dukcapil or such Government Institutions.

(b) Digital signature providers for the purpose of creating electronic signatures which process may include verifying Your identity as the signatory and the creation of an electronic signature account at the digital signature providers, subject to separate terms and conditions from the relevant electronic signature providers. 

(c) Credit information providers to obtain information on the status of collectability, credit history and other financial information. 

(d) External collection partners in collaboration with Us (if any).

(e) Credit insurance partners or guarantee provider partners for credit risk mitigation requirements. 

(f) Lender(s) for the purpose of requesting funding for the Loan or if You do not pay off the Loan after 90 (ninety) calendar days after the due date, Your Personal Information may be retained by the Lender(s) for collection purposes by the Lender(s) or other parties designated by the Lender(s) to You.

(g) The Indonesian Financial Services Authority (Otoritas Jasa Keuangan/“OJK”) for the purpose of investigating issues regarding the use of Services by You, the reporting of payment defaults by You or other matters at OJK’s written request to Us. The processing of and the retention period of Your Personal Information at OJK shall be subject to the internal provisions and policies of OJK.

(h) Alternative Dispute Resolution Institutions, if needed, for dispute resolution processes. 

(i) Associations officially authorized by OJK and representing OJK to collect information needed for the compilation of Information Technology-Based Fund-Lending Services data centres. The processing of and the retention period of Your Personal Information at the associations shall be entirely subject to the provisions and directives from OJK.

(j) The Financial Transaction Reports and Analysis Centre (Pusat Pelaporan Analisis Transaksi Keuangan/“PPATK”), if We identify any suspicious financial transaction as stipulated in the applicable laws and regulations on the eradication and prevention of money laundering and terrorism financing. The processing of and the retention period of Your Personal Information shall be subject to the policy fully stipulated by the PPATK.

(k) Law enforcement authorities in the Republic of Indonesia, such as the National Police of the Republic of Indonesia, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi/“KPK”), Courts, and others (collectively referred to as the “Law Enforcement Authorities”) for any purpose related to law enforcement against alleged acts that involve You (including, but not limited to cases of law violation, crime, money laundering, terrorism financing, corruption) which in this case must be requested formally and in writing by such relevant authorities. The retention period of Your Personal Information shall be subject to the policy fully stipulated by such Law Enforcement Authorities.

(l) The Directorate General of Taxes of the Republic of Indonesia (Direktorat Jenderal Pajak/“DJP”) to fulfil Your information reporting obligations in accordance with the provisions of the applicable tax regulations, including among others, regulations regarding automatic exchange of information. The processing of and the retention period of Your Personal Information shall be subject to the provisions and policies fully stipulated by the DJP.

v. Anonymous Data – We may create, use, license or disclose available Personal Information, provided that (i) all identifiable information has been deleted, ensuring that the data, whether by itself or in combination with other available data, cannot be connected with or related to or identifiable to an individual, and (ii) it has been consolidated with similar data so that the original data becomes a part of a larger collection of data, to third parties for Services Development Purposes, database management, Services analysis or improvement. We may also consolidate Your Personal Information with other similar information such that the information will no longer be associated with You, and then disclose any such consolidated information to third parties, for the purposes as mentioned above. We do not guarantee the anonymity of the information that We provide if such third parties have collected Personal Information from You and are able to associate and correlate the anonymous data We have given with the data that You have provided and/or will provide to such third parties. 

4. Credit Rating Agencies

i. We may, acting independently and/or as Your agent, provide Your Personal Information and Relevant Individuals’ Personal Information to credit information reference and/or collectability assessment service provider agencies (“Credit Rating Agencies”) to update Your credit record in the customer credit database of the Credit Rating Agencies. In this case, Your Personal Information that will be disclosed shall be the information related to the Services offered to or used by You and such Relevant Individuals. 

ii. To determine Your credit risk in receiving the Services, credit rating evaluation and/or the provision of additional services, We may access and collect Personal Information and accounts or records regarding You and such Relevant Individuals (including information on the amount of facility or loan) from Credit Rating Agencies. 

5. Retention of Personal Information 

i. Your Personal Information will only be retained to the extent required to meet the purpose of the collection thereof, or if such retention is required or permitted by the applicable laws and regulations. We shall cease to retain Personal Information, or delete information from such Personal Information that is identifiable to You as an individual, immediately after it is considered that the retention of such Personal Information is no longer needed in relation to the purpose of the collection of such Personal Information and the retention of such Personal Information is no longer needed for business and legal purposes. 

ii. Please note that it is possible that some of Your Personal Information is retained by other parties, including by service providers, in a certain manner. Information that is provided by communication between users and service providers that is carried out other than through the Platform (such as by telephone calls, SMS, mobile messaging or other means of communication) may also be retained in certain manners. We do not authorize and condone the retention of Personal Information in such a manner and We shall not be responsible to You for such matter. We shall not be responsible for the retention of Your Personal Information in any such case. You agree to indemnify, defend, and hold Us, Our officers, directors, employees, agents, partners, suppliers, contractors, and Affiliates harmless from and against any and all claims, losses, liabilities, costs, damages, and fees (including but not limited to legal fees and expenses on a full indemnity basis) incurred directly or indirectly from any unlawful retention of Your Personal Information. 

6. Locations Where We Store Your Personal Information

i. Your Personal Information that We have collected may be stored, transferred, or processed by third-party service providers. We shall use all reasonable efforts to ensure that all such third-party service providers maintain a level of protection that is equal to Our commitment under this Privacy Policy.

ii. To the extent permitted by the applicable laws and regulations in Indonesia, Your Personal Information may be also stored or processed outside of Your country by parties engaged by Us in other countries, or by Our third-party service providers, vendors, suppliers, partners, contractors, or Affiliates. In that case, We shall ensure that the Personal Information remains subject to a level of protection that is equal to what is required by the laws of Your country (and in any event, in line with Our commitment under this Privacy Policy).

7. Security of Your Personal Information 

The confidentiality of Your data and Personal Information is paramount to Us. We shall use Our best and reasonable efforts to protect and secure Your Personal Information and to prevent any unauthorized or unlawful access to or disclosure of Your Personal Information. However, We cannot completely guarantee that Our system is invulnerable to viruses, malware, disruptions or other 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 through the internet, or guarantee that such Personal Information will not be intercepted, accessed, disclosed, modified or destroyed by unauthorized third parties, as a result of factors beyond Our control. You must not disclose Your account’s password to anyone and must always maintain the confidentiality of Your password and the security of the device(s) You use. 

8. Access to and Correction of Personal Information

i. Subject to the applicable laws and regulations, You may submit a request to Us to access and/or correct Your Personal Information that is in Our possession and control, by contacting Us at the contact details as set out at the end of this Privacy Policy or as may informed by Us from time to time on the Platform or Website.

ii. We may refuse Your request to access, or to correct, part or all of Your Personal Information in Our possession or control if permitted or required by the applicable laws and regulations. This shall include situations where such Personal Information may contain references to other persons or where We consider the reasons for such request for access or correction as irrelevant, frivolous, or vexatious. 

9. Withdrawal of Your Consent 

i. Unless otherwise required by the laws and regulations, You may withdraw Your consent to the collection, use and/or disclosure of Your Personal Information and/or request the destruction of Your Personal Information with such conditions and procedures in accordance with the laws and regulations that specifically regulate this matter, with written notice to Us from time to time through the Platform or Website.

ii. The withdrawal of Your consent or the destruction of Your Personal Information, whether partially or entirely, may result in You being no longer able to use the Services and the Platform. You hereby declare that You have acknowledged, understood, accepted and agreed to the consequences of such consent withdrawal and/or such destruction of Your Personal Information. 

10. Changes to Our Privacy Policy

We may change this Privacy Policy from time to time to reflect any changes in Our activities. If We change this Privacy Policy, We shall notify You of any such changes through a public announcement published on the Website, Platform, or delivered to Your email address. We encourage You to regularly review this page to remain updated with the latest information on how We apply the terms of this Privacy Policy. You acknowledge, accept and understand that your continued access to Our Website and continued use of Our Services after any change to this Privacy Policy will be considered as Your agreement to this Privacy Policy and all changes hereof.

11. Minors 

It may not be practical for Us to differentiate the ages of the people accessing or using the Platform and/or Website. If a minor (according to the applicable law) has given his/her Personal Information to Us without the consent of his/her parent(s) or guardian, then his/her parent(s) or guardian must contact Us to delete the relevant Personal Information and delete the name of the minor. If We are not contacted by the parent(s) or guardian, We may, at Our sole discretion, delete the name of the minor as We consider necessary. If any rights and obligations have arisen from the existing legal relationship, the guardian or parent(s) shall be entitled and/or obliged to honour them. 

12. Marketing Materials 

We may deliver Marketing Materials to You via short message service (SMS), e-mail, Chat Platforms and Social Media if You have agreed to subscribe to Our mailing list, and/or agreed to receive marketing and promotional materials from Us. You may elect to opt-out of receiving any such marketing communication at any time by clicking the “unsubscribe” option available in the relevant messages, or by contacting Us at the contact details set out at the end hereof. Please note that if You elect to opt-out, We may still send You non-promotional messages, such as information regarding Your account. 

13. Third-Party Platforms 

i. The Website and Marketing Materials may contain links to websites operated by third parties. We do not control and We are not responsible for these websites and for the collection, use, maintenance, distributions, or disclosure of data and information by any such third parties. Please read the terms and conditions and the privacy policy of the relevant third-party website to find out how they collect and use Your Personal Information. 

ii. Advertisement on Our Website and Marketing Materials acts as links to the advertiser’s website and therefore all information they collect from Your clicks on any such link shall be collected and used by the relevant advertiser in accordance with the privacy policy of such advertiser. 

iii. We are not responsible for the accuracy of information, content, products or services provided or offered by third parties or adopted by third-party websites. You acknowledge, understand, accept and agree that You shall hold Us harmless from any demand, claim, liability or obligation on the availability, accuracy, suitability, completeness or validity of the services, content, information or products provided or offered by such third parties. We do not make any representation or warranty regarding the services, content, information and/or products provided by third parties. 

iv. You may contact such third parties directly if You have any issues or enquiries regarding the website, services, content, information or products provided or offered by such third parties. 

14. Implementation of Anti-Money Laundering and Counter-Terrorism Financing 

You agree that We may at any time request additional supporting documents or Personal Information from You that are relevant for the processing of Services and/or the implementation of anti-money laundering and counter-terrorism financing. 

15. Limitation of Liabilities

You hereby release and/or hold Us or Our Affiliates harmless from any demand, claim, and/or lawsuit arising in connection with, but not limited to: (i) the granting of access, obtaining, collection, processing, use, analysis, distribution, disclosure, display, and transmission of Your Personal Information as stipulated in this Privacy Policy or other matters for which You have given Your approval from time to time, (ii) incorrect and inaccurate information that You provide to Us or Our Affiliates, (iii) failure to update data upon any change to Your data or Personal Information that is used to register for the Services, and/or (iv) if You give Your password to third parties. 

16. Governing Law and Language

i. This Privacy Policy is governed by and interpreted pursuant to the laws of the Republic of Indonesia. Each and all disputes arising from this Privacy Policy shall be subject to the exclusive jurisdiction of the South Jakarta District Court. 

ii. This Privacy Policy is prepared in Indonesian and English versions. In case of any inconsistency between the Indonesian and English versions, the Indonesian version shall prevail. 

17. Definition  

Affiliate means (i) the controlling party of; (ii) a subsidiary of; or (iii) parties who are in common control with; or (iv) parties that are in a business group with Us.

“You” means any party using the Services and/or visiting or accessing the Platform. 

Personal Information means information and data about You that are personally identifiable, provided by You or collected through the Platform and/or Services, including, but not limited to Your name, address, date of birth, identification card, and occupation (if You are an individual), company identity data and documents (if You are not an individual), telephone number, email address, licenses and/or others, and other information and records of Your transactions and activities during the use of the Services that may identify You. 

We/Us/Our means PT Mapan Global Reksa, a company established under the laws of the Republic of Indonesia, as the operator of the information technology-based fund-lending service provider that is officially registered with the Indonesian Financial Services Authority (Otoritas Jasa Keuangan), and/or its Affiliates. 

Services means the various services offered by Us as an information technology-based fund-lending service provider. 

“Marketing Materials” means direct marketing, advertising, and promotional communication via mails, telephone calls, short message service (SMS), and emails. 

“Lender(s)” means a party that provides loan funds to You through Us. 

“Approved Parties” means the parties approved by You to provide Your Personal Information that is in the possession of those parties to Us in order to receive the Services. 

“Platform” means the electronic platforms that We use to provide information and Services to You, including but not limited to the Website and applications and websites managed by third parties. 

Website means the website that We use, which is www.findaya.com and/or other sites that We officially develop to support the ecosystem of the Services. 

“Services Development Purposes” means the purpose of the use and disclosure of Personal Information for the following purposes, including but not limited to: 

a. assess or understand the effectiveness of Our promotional marketing on the Platform and deliver advertising that is relevant to You; 

b. provide suggestions and recommendations to You on the Services or third-party products or services that may be of interest to You; 

c. maintain the accuracy of “know your customer” information and perform enquiries with respect to anti-money laundering and counter-terrorism financing policies, Your credit and background; 

d. maintain, develop, test, improve, and personalize the Services to meet Your requirements and preferences; 

e. prevent, detect and investigate any restricted, illegal, unlawful, or fraudulent acts; 

f. perform activities in relation to the provision of the Services provided or issued by Us or third parties in collaboration with Us and the preparation of research reports or materials for analysis; 

g. conduct risk assessment, statistics and trend analysis and planning, including data processing, statistical analysis, credit analysis, risk management and anti-money laundering, establish and manage credit assessment models, review and analyse credit and other backgrounds, and maintain Your credit history and Relevant Individuals’ credit history for reference, whether now or in the future, whether for the purpose of the Services that We provide or services provided by other third parties; 

h. monitor and record calls and electronic communication with You for archiving, quality control, training, investigation, and fraud prevention purposes; 

i. exercise (including, but not limited to, collection of outstanding amounts from You under the procured Services) or defend Our rights and the rights of the Lender(s) under the contract or other documents; 

j. perform internal management to operate control and management information system and to perform an internal audit or allow the performance of an external audit; 

k. allow third parties that have been assigned Our and/or the Lender(s)’ rights against You to evaluate the transactions that are intended as the object of assignment; 

l. market financial products or services or other services in relation to loans through various means of communication and to design and filter similar products or services, including by performing market research, data analysis, and survey; and/or 

m. allow Us to fulfil all Our obligations pursuant to the applicable laws and regulations, (including but not limited to responding to enquiries, investigations, or regulatory directives) and to perform audits, due diligence and investigations. 

18. Contact

If You have any further questions regarding Your privacy and information security and wish to update or delete Your data, please contact Us at support@findaya.com, cs@findaya.com, or through other communication channels as may be informed by Us from time to time on the Platform.

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