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PRIVACY POLICY

Last updated: 1 August 2021

The following Privacy Policy describes how PT Aplikasi Karya Anak Bangsa and/or its Affiliates, including Velox Fintech Company Limited (Company Registration Number 0105561066616) (together “we”, “us” or “our”), collect, store, use, transfer, disclose and protect your Personal Information through the use of System and Website.

Please read this Privacy Policy thoroughly to ensure that you understand our data processing and protection practices.

This Privacy Policy includes the following matters:

Definitions
Personal Information which we collect
The use of Personal Information which we collect
Sharing of Personal Information which we collect
Cross-border Transfers of Personal Information
Retention of Personal Information
Access and correction of Personal Information
Where we store your Personal Information
Security of your Personal Information
Changes to this Privacy Policy
Language
Acknowledgement and consent
Marketing and promotional material
Third party websites
How to contact us

DEFINITIONS

Unless otherwise defined below, all capitalised terms used in this Privacy Policy shall have the same meanings ascribed to them in the Driver Services Agreement, the User Terms of Use, GoPay Terms and Conditions and/or the GoFood Merchant Terms and Conditions (as applicable):

“Governmental Authority” means any governmental, regulatory or administrative authority, agency, commission, board, bureau, court or instrumentality of any kind (including but not limited to any central bank, monetary authority, or securities exchange commission).

"Personal Information" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which we have or are likely to have access. This may include an individual’s name, address, date of birth, occupation, phone number, e-mail address, biometric information, bank account, credit card details, gender, vehicle information, photo, health data, financial related informationand other information which, when taken together with other information, would enable an individual to be identified;

“Service” means the goods and services provided by Service Providers via the System from time to time;

“Service Provider” means the independent third party service provider who provides goods and services to Users via the System, including but not limited to Transportation Providers and Merchants; and

“System” means the system provided by Gojek and/or Gojek Group Companies to connect Service Providers with Users, including the Driver Application, the User Application, GoBiz, GoPay and related software, websites, platforms, payment services and other support systems and services, including the Website.

PERSONAL INFORMATION WHICH WE COLLECT
1. 2.1. We collect certain information (which may include Personal Information) about you. The Personal Information which we collect may be provided by you directly (for example, when you register as a User or Service Provider, or you otherwise provide Personal Information to us) or by third parties, or be collected automatically when you use the System. We may collect information in various forms and for various purposes (including purposes permitted under Applicable Law). If you do not provide your Personal Information to us, we may not be able to facilitate or communicate with relevant parties.
2. Information obtained from you or from your mobile device directly
3. 2.2. When you register and create an Account with us using the System, you have to provide to us certain Personal Information, including your name, e-mail address, your phone number, and an Account ID that you will use to access the System after registration. If you are using the System as a Service Provider, you have to provide us with additional Personal Information as part of the Service Provider onboarding process. This would include details of your Vehicle (if applicable); licences, approvals, and other authorisations for you to operate the Vehicle and/or to provide the Services; your insurance policy; and your bank account details.
4. 2.3. In the event that you had registered your Account in the prior available System, including without limitation to the GET application, you agree that, by registering or creating your Account in the latest version of the System and continuing to use your Account, you consent to us using your Personal Information for the provision of services via the current available System in accordance with this Privacy Policy.
5. 2.4. When you use the System, you have to provide to us such relevant information as may reasonably be required by us in order for the System to work. For example,
  1. 2.4.1 If you are using the System as a User, you will need to provide us with information as to the type of Service you seek, and details as to the pick-up and/or delivery.
  2. 2.4.2 If you are using the System as a Service Provider, in order for the System to work, you will need to provide us with information as to the Services you are able to accept orders for at the time, and details as to your current location. After an order for a Service placed by a User is accepted by you, you may need to provide us with other data that we need to operate and manage the System, and to monitor overall usage of the System.
  3. 2.4.3 If you are using the electronic payment services within the System, you may have to provide to us additional information including a copy of your national identification card or passport, your photo, your date of birth, address, and job information, for the purposes of identity verification and compliance with anti-money laundering regulations.
  4. 2.4.4 When a payment is made through the electronic money facility within the System, if you are the payer, you will provide to us information relating to the payment, such as the type of payment card used, the name of the issuer of that payment card, the name of the Account holder for that payment card, the number of that payment card, and the amount of money paid.
  5. 2.4.5 When you are using the chat feature in our System, you will provide us with the phone number of our users and non-users in your mobile phonebook to enable the chat feature.
6. Information collected whenever you use the System or visit our Website
7. 2.5. Whenever you use the System or visit our Website, we may collect certain technical data concerning your usage such as, internet protocol (IP) address, information as webpages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID), mobile advertising ID or media access control address, and also other device information regarding the manufacturer, model and operating system of the device that you use to access the System or our Website.
8. 2.6. Whenever you use the System or visit our Website, certain information may also be collected on an automated basis using cookies. Cookies are small application files stored on your computer or mobile device. We use cookies to track user activity to enhance user interface and experience. Most mobile devices and internet browsers support the use of cookies; but you may adjust the settings on your mobile device or internet browser to reject several types of certain cookies or certain specific cookies. Your mobile device and/or browser would also enable to you to delete at any time whatever cookies have previously been stored. However, doing so may affect the functionalities available on the System or our Website.
9. 2.7. Whenever you use the System through your mobile device, we will track and collect your geo-location information in real-time. In some cases, you will be prompted or required to activate the Global Positioning System (GPS) on your mobile device to enable us to give you a better experience in using the System.
10. 2.8. If You use the System as a Transportation Provider, we collect your geo-location information when the System is running in the foreground (i.e., the Driver Application is open and on-screen) and in the background (i.e., the Driver Application is open but not on screen), so long as you are signed into the Driver Application.
11. 2.9. If You use the System as a User, we collect your geo-location information when the User Application is running in the foreground. We endeavour to cease collection of your geo-location information when the User Application is in the background, but such information may still be collected unintentionally. You can always choose to disable the geo-location tracking information on your mobile device temporarily. However, this may affect the functionalities available on the User Application.
12. Information collected from third parties
13. 2.10. We may also collect Your Personal Information from third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us, who collect your Personal Information and/or perform functions on our behalf, or whom we collaborate with). In such cases, we will only collect Your Personal Information for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be), provided that we have taken reasonable steps to ensure that such third parties would undertake to us to obtain Your consent for the disclosure of Your Personal Information to us in line with this Privacy Policy and Applicable Law.
14. Information about third parties you provide to us
15. 2.11. You may provide us with Personal Information relating to other third party individuals (such as Personal Information relating to your spouse, family members or friends). You will of course need their consent to do so – see “Acknowledgement and Consent”, below, for further information.

THE USE OF PERSONAL INFORMATION WHICH WE HAVE COLLECTED

We may use Personal Information collected for any of the following purposes as well as for such other purposes as are permitted by Applicable Law:
1. 3.1. Where you are a User, we may use your Personal Information:
  - to identify you and to register you as a User and to administer, manage or verify your Account as such;
  - to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a User;
  - to enable Service Providers to provide you with such of the Services as you have requested;
  - to process and facilitate orders and payment transactions made by you, including where applicable, transactions made through any payment systems and services available over the System;
  - to communicate with you and to send you information in connection with the use of the System;
  - to notify you of any updates to the System or changes to the Services available;
  - to process and respond to enquiries and feedback received from you;
  - to maintain, develop, test, enhance and personalise the System to meet your needs and preferences;
  - to monitor and analyse user activities and demographic data including trends and usage of the various Services available on the System; and
  - to send you direct marketing communications and information on special offers or promotions.
2. 3.2. Where you are a Service Provider, we may use your Personal Information or any person’s Personal Information provided by you (as applicable):
  - to identify you and to register you as a Service Provider and to administer, manage or verify your Account as such;
  - to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a Service Provider;
  - to enable you to provide Services to Users;
  - to process and facilitate payments due to you relating to any Services you have provided;
  - to communicate with you and send you information in relation to the provision of your Services, including to relay User orders to you and to facilitate your acceptance of such orders;
  - to notify you of any updates to the System or changes to the manner in which the Services are to be provided;
  - to process and respond to feedback from Users as to safety generally or as to the quality of the Services which you have provided;
  - to maintain, develop, test, enhance and personalise the System to meet your needs and preferences as a Service Provider;
  - to monitor and analyse user activities and demographic data including trends and Service Provider responsiveness for the various Services available on the System; and
  - to send you direct marketing and promotional communications and information on special offers or promotions.
3. 3.3. Whether you are a User or a Service Provider or otherwise provide Personal Information to us, we may also use your Personal Information more generally for the following purposes (although we will in each such case always act reasonably and use no more Personal Information than what is required for the particular purpose):
  - to undertake associated business processes and functions;
  - to monitor usage of the System and administer, support and improve the performance efficiency, user experience and the functions of the System;
  - to provide assistance in relation to and to resolve any technical difficulties or operational problems with the System or the Services;
  - to generate statistical information and anonymous analytics data for the purpose of testing, research, analysis and product development;
  - to prevent, detect and investigate any prohibited, illegal, unauthorised or fraudulent activities;
  - to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving us and/or any of our Affiliates;
  - to enable us to comply with our obligations under any Applicable Law, including but not limited to responding to regulatory enquiries, investigations or directives, complying with statutory or regulatory filing and reporting requirements, and conducting audit checks, due diligence and internal investigations;
  - for the achievement of the purpose relating to the preparation of the historical documents of the archives for public interest, or for the purpose relating to research or statistics with appropriate security measure;
  - to prevent or suppress a danger to a person’s life, body or health;
  - as necessary for the performance of a contract to which you are a party, or in order to take steps at the request of you prior to entering into a contract;
  - as necessary for the performance of a task we carried out in the public interest, or it is necessary for the exercising of official authority vested in us; and
  - as necessary for our legitimate interests or legitimate interests of any other person or legal person.

SHARING OF PERSONAL INFORMATION WHICH WE COLLECT
1. 4.1. We may disclose to or share with Affiliates and other parties your Personal Information for any of the following purposes as well as for such other purposes as are permitted by Applicable Law (although we will in each such case always act reasonably and disclose or share no more Personal Information than what is required for the particular purpose):
  - where you are a User, for the purpose of enabling a Service Provider, to perform or deliver a Service, including to contact you;
  - where you are a Service Provider, for the purpose of enabling a User to request or receive a Service from you, including to contact you;
  - where instructed, requested, required or authorised by Applicable Law (including but not limited to responding to regulatory enquiries, investigations or directives, or complying with statutory or regulatory filing and reporting requirements), for the purpose so specified in that Applicable Law; or complying with any request, order, directive or other instruction from a Governmental Authority;
  - where there is any form of legal proceeding between you and us, or between you and another party, in connection with, or relating to the Services, for the purposes of that legal proceeding;
  - in an emergency concerning your health (whether you are a User or a Transportation Provider) for the purposes of dealing with that emergency;
  - in a situation concerning your health or public interest (whether you are a user or a Service Provider), we may share your Personal Information to the government authorities and/or other institutions that may be appointed by the government authorities or have a cooperation with us, for the purposes of contact tracing, supporting government initiatives, policies or programs, public safety and any other purposes reasonably needed;
  - in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company, for the purposes of such a transaction (even if the transaction is eventually not proceeded with);
  - where we share Personal Information with third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us, perform functions on our behalf, or whom we enter into commercial collaboration with), for or in connection with the purposes for which such third parties are engaged, to perform certain disclosure to the relevant third parties which are technically required to process your transaction or for the purposes of our collaboration with such third parties (as the case may be), which may include allowing such third parties to introduce or offer products or services to You, or other conducting activities including marketing, research, analysis and product development; and
  - where we share Personal Information with Affiliates, we will only do so for the purpose of them helping us to provide the System or to operate our business (including, where you have subscribed to our mailing list, for direct marketing purposes), or for the purpose of them conducting data processing on our behalf. For example, an Affiliate in another country may process and/or store your Personal Information on behalf of the Gojek Group Company in your country. All of our Affiliates are committed to processing the Personal Information that they receive from us in line with this Privacy Policy and Applicable Law.
2. 4.2. Where it is not necessary for the Personal Information disclosed or shared with other parties to be associated with you, we will use reasonable endeavours to remove the means by which the Personal Information can be associated with you as an individual before disclosing or sharing such information.
3. 4.3. We will not sell or lease Your Personal Information to any third parties.
4. 4.4 Other than as provided for in this Privacy Policy, we may disclose or share your Personal Information if we notify you of this in advance and we have obtained your consent for the disclosure or sharing.

CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION

Your Personal Information may be transferred to, stored, used and processed in a jurisdiction other than your home nation or otherwise in the country, state and city in which you are present while using any services provided by us (“Alternate Country”), to companies within Gojek group which are located outside of your home nation or Alternate Country and/or where Gojek group’s servers and/or service providers and partners are located outside of your home nation or Alternate Country. You understand and consent to the transfer of your Personal Information out of your home nation or Alternate Country as described herein.

RETENTION OF PERSONAL INFORMATION
1. 6.1. Your Personal Information will only be held for as long as it is necessary to fulfill the purpose for which it was collected, or for as long as such retention is required or authorised by Applicable Law. We shall cease to retain Personal Information, or remove the means by which the Personal Information can be associated with you as an individual, as soon as it is reasonable to assume that the purpose for which that Personal Information was collected is no longer being served by retention of Personal Information and retention is no longer necessary for legal or business purposes.
2. 6.2. Please note that there is still the possibility that some of your Personal Information might be retained by the other party (i.e., the Service Provider (if you are the User), or the User (if you are the Service Provider)) in some manner (such as, by means of a screen capture) or other government institutions. In the event we share your Personal Information to the authorised government institutions and/or other institutions that may be appointed by the government authorities or have a cooperation with us, you agree and acknowledge that the retention of your Personal Information by the relevant institutions will follow their respective policy on data retention. Information relayed through communications between Users and Service Providers made other than through the use of the System (such as by telephone, mobile messaging or other modes of communication) or through collection of your Personal Information by our agent may also be retained by some means. We do not authorise the retention of Personal Information by such means and we have no responsibility to you for the same. To the fullest extent permitted by Applicable Law, we shall not be liable for any such retention of your Personal Information. You agree to indemnify, defend and release us, our officers, directors, employees, agents, suppliers, contractors and Affiliates from and against any and all claims, losses, liabilities, expenses, damages and costs (including but not limited to legal costs and expenses on a full indemnity basis) resulting directly or indirectly from any unauthorised retention of your Personal Information.

ACCESS AND CORRECTION OF PERSONAL INFORMATION
1. 7.1. You may request us for access to and/or the correction of your Personal Information in our possession and control, by contacting us at the details provided below. Subject to Applicable Law, we reserve the right to charge an administrative fee for such requests.
2. 7.2. We reserve the right to refuse your requests for access to, or to correct, some or all of your Personal Information in our possession or control, if permitted or required under any Applicable Law. This may include circumstances where the Personal Information may contain references to other individuals or where the request for access or request to correct is for reasons which we reasonably consider to be trivial, frivolous or vexatious.

WHERE WE STORE YOUR PERSONAL INFORMATION
1. 8.1. The Personal Information that we collect from you may be stored at, transferred to, or processed by third party service providers. We will use all reasonable endeavours to ensure that all such third party service providers provide a level of protection that is comparable to our commitments under this Privacy Policy.
2. 8.2. Your Personal Information may also be stored or processed outside of your country by personnel who work for us in other countries, or by our third party service providers, suppliers, contractors or Affiliates, to the extent permitted under the applicable law. In such a case, we will ensure that such Personal Information remains subject to a level of protection comparable to what is required under the laws of your country (and, in any event, in line with our commitments in this Privacy Policy).

SECURITY OF YOUR PERSONAL INFORMATION

Confidentiality of your Personal Information is of utmost importance to us. We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use or disclosure by unauthorised persons and against unlawful processing, accidental loss, destruction and damage or similar risks. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, you acknowledge that we cannot guarantee the integrity and accuracy of any Personal Information which you transmit over the Internet, nor guarantee that such Personal Information would not be intercepted, accessed, disclosed, altered or destroyed by unauthorised third parties, due to factors beyond our control. You are responsible for keeping your Account details confidential and you must not share your password with anyone and you must always maintain the security of the mobile device that you use.

CHANGES TO THIS PRIVACY POLICY

We may review and amend this Privacy Policy at our sole discretion from time to time, to ensure that it is consistent with our future developments, and/or changes in legal or regulatory requirements. If we decide to amend this Privacy Policy, we will notify you of any such amendments by means of a general notice published via the System, or otherwise to your e-mail address set out in your Account. You agree that it is your responsibility to review this Privacy Policy regularly for the latest information on our data processing and data protection practices, and that your continued use of the System, communications with us, or access to and use of the Services following any amendments to this Privacy Policy will constitute your acceptance to the amendments.

LANGUAGE

If there is any inconsistency between the English version of this Privacy Policy and other language versions, the English version shall prevail.

ACKNOWLEDGEMENT AND CONSENT
1. 12.1. By accepting the Privacy Policy, you acknowledge that you have read and understood this Privacy Policy and you accept all of its terms. In particular, you agree and consent to us collecting, using, disclosing, storing, transferring, or otherwise processing your Personal Information in accordance with this Privacy Policy.
2. 12.2. In circumstances where you provide us with Personal Information relating to other individuals (such as Personal Information relating to your spouse, family members or friends), you represent and warrant that you have obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, use, disclosure and processing of his/her Personal Information by us.
3. 12.3. You may withdraw your consent to any or all collection, use or disclosure of your Personal Information that is based on your consent at any time by giving us reasonable notice in writing using the contact details stated below. You may also withdraw your consent for us to send you certain communications and information via any “opt-out” or “unsubscribe” facility contained in our messages to you. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the System or certain of the Services. A withdrawal of consent by you may result in the termination of your Account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, use or disclosure of your Personal Information, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.

MARKETING AND PROMOTIONAL MATERIAL
1. 13.1. We may send you marketing and promotional communications via post, telephone call, short message service (SMS), e-mail, online messaging, or push notifications via the System to notify you about special privileges, promotions, or events offered or organised by us, our partners, sponsors, or advertisers, or to provide updates on the System and/or the products and services offered therein.
2. 13.2. You may opt out from receiving such marketing communications at any time by clicking on any “unsubscribe” facility embedded in the relevant message, or otherwise contacting us using the contact details stated below. Please note that if you opt out, we may still send you non-promotional messages, such as ride receipts, or information about your Account or the System.

THIRD PARTY WEBSITES
1. 14.1. The System may contain links to websites that are operated by third parties. We do not control nor accept liability or responsibility for these websites and for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. Please consult the terms and conditions and privacy policies of those third party websites to find out how they collect and use your Personal Information.
2. 14.2. When you are using our System and enable the fingerprints and/or facial recognition features in your mobile device for authentication purposes, please note that we do not store such biometric data. Unless otherwise notified to you, These data are stored in your mobile device and may also be stored by other third parties, such as your device’s manufacturer. You agree and acknowledge that we are not responsible for any unauthorised access or loss towards these biometric data which are stored in your device.
3. 14.3. Advertisements contained on the System operate as links to the advertiser’s website and as such any information they collect by virtue of your clicking on that link will be collected and used by the relevant advertiser in accordance with the privacy policy of that advertiser.

HOW TO CONTACT US

If you have any questions regarding this Privacy Policy or you would like to obtain access and/or make corrections to your Personal Information or make a complaint about this Privacy Policy, please contact our Data Protection Officer at dpo-th@go-jek.com