Effective Date: 30 May 2024

INTRODUCTION

The following Privacy Notice will become effective on 30 May 2024.

This Privacy Notice describes how We, PT GoTo Gojek Tokopedia Tbk and/or its affiliates (“Gojek”) obtain, collect, store, control, use, process, analyse, correct, update, display, publish, transfer, disclose and protect Your personal data ("Processing of Personal Data"). This Privacy Notice applies to all users and/or service providers (“User” or “You”) in Our mobile applications (including the Gojek, GoPartner, GoBiz-GoFood Merchant App, GoAgent), websites (including www.gojek.com and its derivative sites), features, services and products (collectively referred as the “Applications”), unless covered by a separate privacy notice.

Please read this Privacy Notice thoroughly to ensure that You understand Our data protection practices. For Your ease of understanding, We have provided a Summary that highlights all the important points. All capitalised terms used in this Privacy Notice shall have the same meaning ascribed to them in the applicable Terms of Use between You and Gojek.

ACKNOWLEDGMENT AND CONSENT 

By agreeing to the Privacy Notice, You acknowledge that You have read and understood this Privacy Notice and agree to its terms. In particular, You agree and consent for Us to Process Your Personal Data in accordance with this Privacy Notice.

In circumstances where You provide Us with Personal Data relating to other individuals (such as Personal Data relating to Your spouse, family members, friends, or other parties), You declare and guarantee that You have obtained consent from those individuals, and hereby consent on their behalf to the Processing of their Personal Data by Us. We may request evidence of such consent from You at any time.

You may withdraw Your consent to any or all Processing of Your Personal Data at any time by giving Us reasonable notice in writing using the contact details stated in this Privacy Notice. You may also withdraw Your consent for us to send certain communications through the "opt-out" facility, the "unsubscribe" option available in the messages We send, or using the options available on each communication medium We use to contact You. You must understand and acknowledge that after such withdrawal of consent, You may no longer be able to use the Application and/or services. A withdrawal of consent by You may result in Us being unable to provide services, deletion of Your account or termination of Your contractual relationship with Us, with all rights and obligations that arise remaining fully fulfilled. Upon receiving a consent withdrawal request from You, we will inform You of the possible consequences of such withdrawal so that You can decide whether you want to proceed with the consent withdrawal. 

SUMMARY

Changes from the Previous Version

In this Privacy Notice, We have made several editorial adjustments to enhance clarity and accuracy, the addition of data that We collect, added links to a dedicated website for account deletion requests, and provided further details on the purposes of disclosing personal data to Our affiliates.

What data do We collect about You?

We collect Personal Data when You use Our Application, including identity data, contact data, eligibility data, transaction data, financial data, payment data, log data and/or location data. We also collect device and technical data from you, and other data that you may submit or transmit when you use Our Application. You may choose not to provide such data, but We may not be able to provide services and Applications to You optimally. 

How will We use the data about You?

We use Your Personal Data to set up and manage Your account with Us, communicate with You, and to provide various features, services and functions for You on Our Application.

If You are a service provider, We use Your information to verify that You are able to provide service on Our Application, set up and manage Your account in Our Application, communicate with You, and otherwise provide You with various services and functions available on Our Application.

We also use Your data to maintain Our Applications, and to tailor Our products and services to Your preferences. In addition, We use Your information to market Our products and services to You, and those of Our affiliates companies, partners and agents (with Your consent where required by Applicable Laws). 

With whom do We share Your data?

We share Your Personal Data with Our third party partners to facilitate the performance of services for or by You, to the extent necessary for them to provide their services, including but not limited to, payment processing, logistic services, provide products, insurance claims and verification.

We use these third parties’ services solely to process or store Your data for the purposes described in this Privacy Notice. We also share Your data with Our affiliates for the purposes described in this Privacy Notice and with government and regulatory bodies as required by Applicable Laws.

We may also provide access by displaying Your Personal Data to other Users to facilitate communication and/or implementation of service fulfilment on Our Application.

Where do We process Your data?

We process Your Personal Data in several locations, both in Indonesia and outside Indonesia. We may also transfer Your data to Our affiliates and third party partners outside Indonesia for the purposes as set out in this Privacy Notice.

How long do We process Your data?

We Process Your Personal Data for as long as You give Your consent for Us and it is needed to process Your Personal Data to fulfil the purpose for which it was collected and obtained, or as required by Applicable Laws. 

How can You exercise Your rights over Your Personal Data?

You may have various rights with respect to Your Personal Data under the Applicable Laws.

If You wish to exercise Your rights, You can submit a data subject rights request to Us by contacting Us at the provided contact in this Privacy Notice. In particular, for requests to delete Your account, You can do so through the website provided in this Privacy Notice.

Contact Us

If You have any questions, concerns or complaints, please contact Us through the contact details that can be found in the How to Contact Us section.

How will We notify You about changes to this Privacy Notice?

We will amend this Privacy Notice from time to time and notify You of the updated versions through relevant channels, including Our Applications or Your registered email with Us. Please check back regularly to see any updates or changes to this Privacy Notice. 

More elaboration on the above can be read in the below sections.

1. THE TYPES OF PERSONAL DATA WE COLLECT ABOUT YOU

“Personal Data” means any data, whether accurate or not, pertaining to any identified or identifiable individual, both individually or collectively with other information, directly or indirectly through electronic or non-electronic systems.. Personal Data includes, but is not limited to, name, address, date of birth, occupation, telephone number, email address, bank account and credit card details, gender, identification (including passport or national identity document) or other government-issued identification, vehicle data, photos, nationality, telephone numbers of Users and non-Users in Your mobile phone contact list, health data, financial related data, biometric data (including but not limited to fingerprint recognition and facial recognition), and other data including as Personal Data in accordance with Applicable Laws. For the avoidance of doubt, applicable laws means all applicable laws, by-laws, statutes, regulations, regulatory policies, ordinances, protocols, industry codes, road traffic codes, regulatory permits or court requirements, tribunal, or any governmental, regulatory, judicial, administrative or regulatory authority or body, in force from time to time during the term of this Privacy Notice (“Applicable Laws”). In addition, when other data, including personal profiles and/or unique identifiers, are associated or combined with Personal Data, then that data also considered as Personal Data.

The types of Personal Data that We collect depends on the circumstances of collection and on the nature of the service requested or transaction undertaken. 

To the extent permitted by Applicable Laws, We may process  collect, use, store and transfer different kinds of Personal Data, consist of general and specific/sensitive Personal Data about You which We have grouped together as follows: 

1. Identity Data includes name, username, identity card, taxpayer identification number, user ID or other identifier, title, date of birth, gender, place of birth, occupation, nationality, photos and/or biometric data.
2. Contact Data includes billing address(es), delivery address(es), email address(es) and its label, phone numbers and phonebook.
3. Eligibility Data includes, in relation to service provider, the licences, approvals and other authorizations permitting You to operate the vehicle and provide transportation or other services, and insurance policy details.
4. Transaction Data includes purchases or orders made by You, Your interests, preferences, feedback and survey responses, in relation to Users, the type of service sought, details as to the pick-up and/or delivery, and the type of services that can be accepted at the time.
5. Financial Data includes details of bank accounts and payment cards such as the type of card or payment account used, the name of the issuer of the card or payment account, the name of the holder of the card or payment account, the identification number of the account or payment card, the verification code of the payment card or account, and the expiration date such payment card or account, as applicable, virtual account data, financial history (including but not limited to payment card or account transaction history, payment card or account details, CVV code and mapping and/or status and condition of the payment card or account), and credit scoring data.
6. Payment Data includes details of payments or transfers made by Users on Our Application, including but not limited to data relating to usage, payments, recipient details (including their account details), payment methods used, payment amounts paid, billing details, and invoice details.
7. Technical Data includes details on Your usage of Our Applications such as identification generated by the Application (user id), in app messages, in app search history, internet protocol (IP) address, data as web pages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID) or media access control address, mobile advertising ID and other device information including information regarding the manufacturer, model, and operating system of the device you use to access the Application, crash logs, and informations on applications You installed on Your device.
8. Device Data includes device data, including the type of device You are using to access the Application, including hardware model, operating system and version, software, IMEI number, file name and version, language preference, unique device identifier, advertising identifier, serial number, device movement information, and/or mobile network information.
9. Log Data includes records on the server that receive data such as device IP address, date and time of access, Application features or pages viewed, Application work processes and other system activities, browser type, and/or third party sites or services that the User used before interacting with the Application. 
10. Location Data includes Your real-time geo-location data. 

We may create, use, license or disclose Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from Your Personal Data but would not be considered Personal Data as this data will not directly or indirectly reveal Your identity as We will ensure: (i) that all identifiers have been removed such that the data, alone or in combination with other available data, cannot be linked or associated with or identify anyone, and (ii) the data is subsequently combined with similar data such that the original data forms parts of a larger data set.

2. IF YOU PROVIDE INCOMPLETE PERSONAL DATA

Where We need to collect Personal Data by law, or under the terms of a contract We have with You, and You either choose not to provide that Personal Data or provide Us with incomplete Personal Data when requested, We may not be able to provide services and perform the existing agreement or those We are in the process of engaging with You.

3. HOW WE COLLECT YOUR PERSONAL DATA

The Personal Data which We collect may be provided by You directly or by third parties (e.g. when You register for or use the Applications, when You contact Our customer services, or You otherwise provide Personal Data to Us). We may collect data in various forms and for various purposes (including purposes permitted under Applicable Laws).

a. Data obtained from You directly

You may give Us Your Identity Data, Contact Data, Eligibility Data, Financial Data, and Payment Data, including in situations where requested by Us or where required by Applicable Laws, when interacting with Us directly or by corresponding with Us by mail, email or otherwise. This includes Personal Data You provide when You:

1. register and create an account using the Applications;
2. use the Applications, including if You register as a service provider or use the services as a user;
3. make payments using available methods including but not limited to credit card payments, virtual accounts, bank transfers, electronic money and/or electronic wallet (whether as payer or recipient);
4. apply as a registered or verified account holder of an electronic money facility;
5. add a source of funds for payment in the Applications; 
6. use the chat features in the Applications; and
7. give Us feedback or contact Us.

b. Data collected whenever You use the Applications

You may provide Us with Technical Data, Device Data, Log Data and/or Location Data each time You use and/or visit the Applications. Whenever You access the Applications through Your mobile device, We will track and collect Your geo-location data 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 provide You a better experience in using the Applications (for example, to provide You with data as to how close a service provider is to You). You can always choose to temporarily disable the geo-location tracking data on Your mobile device. However, this can affect the functionalities available on the Applications.

If You use and/or when a payment or transfer is made through the electronic money and/or electronic wallet facility available on Our Application (whether as payer or recipient), We may collect certain Financial Data and Payment Data related to such payments and transfers.

In addition, whenever You use and/or visit the Applications, certain data may also be collected automatically 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 certain types cookies or specific cookies. Your mobile device and/or browser would also enable You to delete previously stored cookies at any time. However, doing so may affect the functionalities available on the Applications.

We may also use features provided by third parties in order to improve our services and content, including assessing, customising and presenting offers to You based on Your interests or visit history. If You do not want offers to be displayed based on these adjustments, You can set this via your browser.

c. Data collected from third parties

We may also collect Your Personal Data from third parties (including Our agents, vendors, suppliers, contractors, partners and any others who provide services to Us, who collect Your Personal Data and/or perform functions on Our behalf, or whom We collaborate with). In such conditon, We will only collect Your Personal Data 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). Specifically if You register for a payment card or account through the Applications and/or access, add and/or link a payment card or account to the Applications (as applicable in Your country), We may collect certain financial information and financial history of Yours (including but not limited to payment card or account transaction history, payment card or account details and mapping and/or payment card or account status and states) from the issuer of such payment credential or any other third parties.

d. Data about third parties You provide to Us

You may provide Us with Personal Data relating to other third-party individuals (including Personal Data relating to Your spouse, family members, friends, or other individuals). In such cases, You will, of course, need their consent to do so – see “Acknowledgement and Consent”, above, for further information.

When You are using the chat features in Our mobile Applications, You will provide Us with phone numbers stored on Your mobile phonebook to enable You in using Our chat features and for other purposes as relevant.

e. In-vehicle recording

We do not mandate or endorse, nor prohibit, the installation or use of in-vehicle recording devices in any vehicles. Where such devices are installed and used in any vehicles, We do not collect any Personal Data from any in-vehicle recordings by such devices, and any collection of Personal Data from such in-vehicle recordings is not being done on Our behalf. The collection of Personal Data from such in-vehicle recordings is solely at the discretion of the service provider. We have no control over such collection of Personal Data by the service provider and any subsequent use or disclosure by the service provider of the Personal Data so collected. Where You are a service provider and choose to install and use such in-vehicle recording devices in Your vehicle, it is Your sole responsibility to notify the user. Where You are a user and You have any objection to the use of in-vehicle recording devices within the Vehicle of any service provider, You must inform the service provider directly and it will be Your personal responsibility to do so.

4. HOW WE USE YOUR PERSONAL DATA

We may use Personal Data collected for any of the following purposes as well as for such other purposes as are permitted by Applicable Laws (“Purposes”):

a. Where You are a user, We may use Your Personal Data:

1. to identify and register you as a user and to create, verify, deactivate or manage your account on Our Application or other GoTo Group applications;
2. to facilitate or enable any verification as We may in Our discretion consider necessary before the service provider provides You with the services or before We register You as a user, including performing Know Your Customer (KYC) and credit scoring (if needed);
3. to enable Us to provide services, including services that are already available, services that you request, and services that will be available in the future; 
4. to process and facilitate orders and payment transactions made by You, including where applicable, transactions made through any payment card, electronic money and/or electronic wallet, or account available over the Applications;
5. to notify You of any transaction or activities occurred within the Applications or other system linked to Our Applications;
6. to facilitate account and/or wallet linking, if You initiate account and/or wallet linking feature between Your Gojek account or GoPay wallet and other GoTo Group Applications and/or third party platform (as applicable); 
7. to communicate with You and to send You data in connection with the use of the Applications; 
8. to notify You of any updates to the Applications or changes to the services available; 
9. to process, follow up, resolve and respond to complaints, problems, questions and suggestions received from you;
10. to maintain, develop, test, enhance and personalize the Application to meet Your needs and preferences as a user;
11. to monitor and analyse Your activities, behaviour, and demographic data including trends and usage of the various services available on the Application; 
12. to process and manage reward points;
13. to offer or provide services from Our affiliates or partners; and 
14. to send You direct or targeted marketing communications, advertisement, vouchers, surveys, and information on special offers or promotions as and when such events, promotions, features or launches occur.

b. Where You are a service provider, We may use Your Personal Data:

1. to identify You and register You as a service provider and create, manage or verify your account on Our Application or other GoTo Group applications;
2. to facilitate or enable any verification as We may in Our discretion consider necessary before We register You as a service provider, including for Know Your Customer (KYC) and credit scoring (if needed);
3. to enable You to provide services to users;
4. to process, facilitate, and complete payments due to You related to the services You have provided; 
5. 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;
6. to provide You with notification and updates on the Applications or changes to the manner in which services are to be provided;
7. to provide You with a report in relation to the services that You have provided;
8. to process and respond to feedback from users on the services which You have provided;
9. to maintain, develop, test, enhance and personalize the Applications to meet Your needs and preferences as a service provider;
10. to monitor and analyse Your activities, behaviour, and demographic data including trends and Your responsiveness for the various services available on the Applications; 
11. to process and manage Your reward points (as applicable);
12. to offer or provide services from Our affiliates or partners (as applicable);
13. to send You direct or targeted marketing communications, advertisement, promos, surveys, and information on special offers or promotions as and when such events, promotions, features or launches occur.

c. We may also use the Personal Data You provided to Us more generally for the following purposes (although in certain cases, We will act reasonably and not use Your Personal Data more than necessary for that purpose):

1. to undertake associated business processes and functions;
2. to monitor usage of the Applications and administer, support and improve the performance efficiency, growth, User experience and the functions of the Applications; 
3. to provide assistance in relation to and to resolve any technical difficulties or operational problems with the Applications or the services;
4. to generate statistical information and analytics data for the purpose of testing, research, analysis, product development, commercial partnership, and collaboration; 
5. to prevent, detect and investigate any suspicious transactions or prohibited, illegal, unauthorized or fraudulent activities;
6. to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving Us and/or any of Our affiliates; 
7. to enable Us to comply with all obligations under Applicable Laws, including but not limited to responding to requests, investigations or decree in accordance with regulations, complying with filing, reporting and licensing requirements required by Applicable Laws and conducting audit checks, due diligence and investigation; and
8. for other purposes that We inform You about, and as required by Applicable Laws, for which We obtain Your consent.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may disclose to, allow access to, or share with affiliates and other parties Your Personal Data for any of the following purposes as well as for such other purposes as are permitted by Applicable Laws:

1. where You are a user, for the purpose of enabling a service provider, to perform or deliver a service, including to contact You;
2. where You are a service provider, to enable users to request or receive services from You, including to contact You and host promotions, contests or special services available on the Application;
3. respond to regulatory inquiries, questions, requests, investigations, decisions, reporting, to comply with filing requirements and conditions, as specified in Applicable Laws;
4. where instructed, requested, required or authorised by the government authorities, for the purpose as specified in the government policy, regulations or Applicable Laws;
5. where there is any form of legal proceeding between You and Us, or between You and another party, in connection with, or related to the services, for the purposes of that legal proceeding;
6. in relation to any verification as We or other third party may consider necessary before the service provider provide You with the services or We register You as a user, including for Know Your Customer (KYC) process and credit scoring;
7. where We enable Our services on any third party’s platform, (i) to assist Us in obtaining Your Personal Data and/or (ii) to register You or allow You to use Our services from such platforms;
8. in an emergency situation concerning Your health or safety, for the purposes of dealing with that emergency;  
9. in situations related to your health or the public interest, We may share your Personal Data with authorized government institutions and/or other institutions that may be appointed by the authorized government or cooperating with Us, for the purposes of contact tracing, supporting government initiatives, policies, or programs, public health and other purposes as reasonably needed; 
10. in connection with, 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);
11. in connection with insurance claim, We will share Your Personal Data for the purpose of processing the insurance claim to the insurance company that We engage or collaborate with;
12. to third parties (including Our agents, vendors, suppliers, contractors, partners and any others who provide services to Us or You, perform functions on Our behalf, or with whom We enter into commercial collaborations) 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, authenticate You or connect with Your account, or conducting other activities including marketing, research, analysis and product development; and
13. where We share Personal Data with affiliates, We will do so for the purpose of them helping Us to provide the Applications, to operate Our business (including, where You have subscribed to Our mailing list, for direct marketing purposes), for the purpose of assessing and monitoring risks and/or activities that are contrary to the law (including its investigations, if necessary), or for the purpose of them conducting data processing on Our behalf.

Where it is not necessary for the Personal Data to be associated with You, We will use reasonable endeavours to remove the means by which the Personal Data can be associated with You as an individual before disclosing or sharing such data.

We will not sell or lease Your Personal Data.

Other than as provided for in this Privacy Notice, We may disclose or share Your Personal Data if We notify You or We have obtained Your consent for the disclosure or sharing.

6. DATA RETENTION

Your Personal Data will only be held for as long as it is necessary to fulfil the purpose for which it was collected, during the retention period or for as long as such retention is required or authorised by Applicable Laws. We shall cease to retain Personal Data, or remove the means by which the Personal Data can be associated with You as an individual, as soon as it is reasonable to assume that the purpose for which that Personal Data was collected is no longer being served by retention of Personal Data, there is a request from You to delete Your account, and retention is no longer necessary for legal or business purposes.

We will delete and/or anonymize Your Personal Data under Our control when (i) Your Personal Data is no longer necessary to fulfil the purpose for which it was collected; (ii) end of retention period; and (iii) storage is no longer necessary for compliance purposes under the provisions of Applicable Laws.

Please note that there is still the possibility that some of Your Personal Data might be retained by other parties, including by the government institutions in some manner. In the event that We share Your Personal Data to the authorised government institutions and/or other institutions that may be appointed by the government authorities or cooperating with Us, You agree and acknowledge that the retention of Your Personal Data by the relevant institutions will follow their respective policy on data retention.

Data that is submitted through communications between user and service provider that are carried out other than through the use of the Application (such as via telephone calls, SMS, mobile messages or other means of communication and collection of Your Personal Data by Our agents) can also be stored in several ways. We do not allow the processing of Personal Data between user and service provider that occurs outside Our Application. Therefore, user and service provider are fully responsible for the Processing of Personal Data.

To the fullest extent permitted by Applicable Laws, You agree to indemnify, defend and release Us 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 activities conducted outside of our Application.

7. INTERNATIONAL TRANSFERS

When You are using Our Applications and services in other countries where Our Applications are also accessible (“Designated Country”), We may transfer Your Personal Data from the origin country (“Origin Country”) to the Designated Country in order to enable and ensure smooth customer experience when You are using Our Applications abroad. 

Your Personal Data may also be stored or processed outside of Your country by Our personnel who work for Us in other countries, or by Our third-party service providers, vendors, suppliers, partners, contractors or affiliates. 

We will comply with the Applicable Laws and make every effort to ensure that Our affiliates and all third-party service providers within or outside the country provide a level of protection that is equivalent to Our commitments under this Privacy Notice and as determined by the laws in Your country.

You understand and consent to the transfer of Your Personal Data out of Your home country and/or the Origin Country as described in this Privacy Notice.

8. DATA SECURITY

The confidentiality of Your Personal Data is of utmost importance to Us. We will use all reasonable efforts to protect and secure Your Personal Data against access, collection, use or disclosure by unauthorised persons and against unlawful processing, accidental loss, destruction and damage or similar risks. However, because the transmission of data over the internet is not entirely secure, We cannot fully guarantee that Personal Data will not be intercepted, accessed, disclosed, altered or destroyed by unauthorized third parties, due to factors beyond our control. You are responsible for maintaining the confidentiality of Your account details and must refrain from sharing Your account details, including Your password and One Time Password (OTP), with anyone and You should always ensure and be fully responsible for the security of the device You are using.

9. ANONYMOUS DATA

We may create, use, license or disclose Personal Data, where available, provided that, (i) all identifiers have been removed so that the data, either alone or in combination with other available data, cannot be linked to or associated with or identify an individual, and (ii) similar data has been aggregated so that the original data forms part of a larger data set.

10. YOUR LEGAL RIGHTS

You may have certain rights under Applicable Laws to request Us for access to, correction of and/or deletion of Your Personal Data in Our possession and control. To the extent these rights are available to You under Applicable Laws. You may exercise these rights by contacting Us at the details provided in this Privacy Notice. 

We reserve the right to refuse Your requests for access to, correction of and/or deletion of, some or all of Your Personal Data in Our possession or control if permitted or required under any Applicable Laws. This includes circumstances where the Personal Data may contain references to other individuals or where the request for access or request for correction or deletion is deemed to be irrelevant, frivolous or far-fetched by Us or is indicated to be related to violations of the terms of use or to any activity or violation of the law.

In accordance with Applicable Laws, We reserve the right to charge an administrative fee for each access and/or correction request.

11. HOW TO REQUEST DELETION OF YOUR ACCOUNT

For requests to delete your account, You may do so through the website below:

1. If You are using Our service in Indonesia, then You can use this link;
2. If You are using Our service in Singapore, then You can use this link; and
3. If You are using Our service in Vietnam, then You can use this link.

12. OTHER WEBSITES AND SERVICES

Applications and Marketing Materials (as defined below) may contain links to websites operated by third parties. All Processing of Personal Data on the website is fully controlled by the third party and is under the responsibility of the third party. If You agree to access websites operated by such third parties, then You are subjected to the terms and conditions as well as privacy notices of those third party websites. Therefore, We recommend that You read the terms and conditions and privacy notices of such third party websites to find out how they collect and use Your Personal Data.

When You are using Our Applications 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, such data is stored in Your mobile device and may also be stored by third parties, such as the manufacturer of Your mobile device. You agree and acknowledge that We are not responsible for any unauthorised access or loss of any biometric data stored in Your mobile device. 

The advertisements within Our Applications or Marketing Materials operate as links to the advertiser’s website and therefore any data they collect based on Your clicks to those links will be collected and used by the relevant advertiser in accordance with their privacy policies.

13. MARKETING AND PROMOTIONAL MATERIAL

We and Our partners (including vendors, suppliers, merchants and/or other third-parties that engaged with Us for commercial and/or non-commercial activities may send You direct marketing, advertisement, and promotional communications via Application’s push-notification, in-Application message, post, chat platform, social media, and email (“Marketing Materials”) if You have agreed to subscribe to Our mailing list, and/or consented to receive Marketing Materials from Us. You may opt-out from receiving such Marketing Materials at any time by clicking on the “unsubscribe” option embedded in the relevant message, other methods available on the promotional media, or otherwise contacting Us using the contact details provided in this Privacy Notice. 

Please note that if You choose to opt-out, We may still send You non-promotional messages, such as ride receipts or information about Your account.

14. UPDATES TO THE PRIVACY NOTICE

We may review and amend this Privacy Notice 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 Notice, We will notify You of any such amendments by means of a general notice published on the Application and/or website, or otherwise to Your email address set out in Your account. You agree that it is Your responsibility to review this Privacy Notice regularly for the latest information on Our data processing and data protection practices, and that Your continued use of the Application, communications with Us, or access to and use of the services following any amendments to this Privacy Notice will constitute Your acceptance to this Privacy Notice and all of its amendments.

15. HOW TO CONTACT US

If You have any questions or complaints regarding this Privacy Notice or if You wish to exercise Your rights regarding Your Personal Data, please contact the relevant Data Protection and Privacy Office in Your country:

Indonesia

PT GoTo Gojek Tokopedia Tbk (Data Protection & Privacy Office)

Pasaraya Blok M Gedung B Lt. 6

Jalan Iskandarsyah II No. 2 RT.3/RW.1,

Melawai, Kby. Baru, Kota Jakarta Selatan,

Jakarta 12160

Singapore

Velox Digital Singapore Pte. Ltd.

5 Temasek Boulevard #14-01

Suntec Tower Five

Singapore 038985

Vietnam

Gojek Vietnam

19th floor, Pearl Plaza tower (office area),

561A Dien Bien Phu Street,

Ward 25, Binh Thanh District,

Ho Chi Minh City,

Vietnam

16. IF YOU ARE LOCATED IN SINGAPORE

This section applies if You are located in Singapore.

The following Privacy Notice also explains that the processing of Your data located in Singapore is carried out by Velox Digital Singapore Pte Ltd.

a. How We collect Your Personal Data 

i. In-vehicle recording

Where You are a service provider and choose to install and use in-vehicle recording devices (IVRDs) in Your vehicle, it is Your sole responsibility to comply with all Applicable Laws (including but not limited to any directions and guidelines issued by the Land Transport Authority (“LTA”) and the Personal Data Protection Commission) in respect of the same. Without limitation, You must:

• ensure that LTA’s approval has been obtained to install any inward-facing IVRD in Your vehicle;
• ensure that any inward-facing IVRD in Your vehicle has been installed at an LTA-authorised installation centre;
• notify Us within 24 hours of an inward-facing IVRD being installed in Your vehicle; and
• affix signs or decals on Your vehicle to notify users of the use of such devices in Your vehicle.

Where You are a user, We will notify You via the user Application if a service provider has installed an authorised inward-facing IVRD in his or her vehicle, where such inward-facing IVRD has been notified to Us. If You have any objection to the use of an inward-facing IVRD within the vehicle of any service provider, it is Your responsibility to cancel Your order immediately. If You become aware of the use of an inward-facing IVRD in any vehicle, that was not notified to You via the user Application, please inform Us via the user Application so that We can investigate accordingly.

ii. National Identification Numbers

Where You are a user, We do not collect, use or disclose Your National Registration Identity Card (“NRIC”) or other national identification numbers for the purposes of Your use of the Application. Where You are a Transportation Provider, please note that We are entitled to collect, use, and disclose Your NRIC number or Foreign Identification Number (“FIN”) to comply with Our obligations under Applicable Law and to prevent, detect and investigate any fraudulent activity over the Applications.

b. Language

This Privacy Notice may be translated into one or more other languages. If there is any inconsistency between the English version of this Privacy Notice and other language versions, the English version shall prevail.

c. Miscellaneous

For avoidance of doubt, service provider shall also include the reference of  Transportation Provider as provided in the Terms of Use applicable in Singapore.

17. IF YOU ARE LOCATED IN VIETNAM

This section applies if You are located in Vietnam.

The following Privacy Notice also explains that the processing of Your data located in Vietnam is carried out by Go Viet Technology Trading Joint Stock Company,  Go Car Technology Company Limited, and Go Send Company Limited.

a. The types of Personal Data We collect about You

This Privacy Notice does not apply to any of Your Financial Data or Payment Data that We may collect and/or process. If We collect and/or process Your Financial Data and/or Payment Data, the processing of such data will refer to the privacy policy issued by the party processing such data on Our behalf.

b. How We use Your Personal Data

In addition to the purposes listed in the “How We use Your Personal Data” section above, where You are a user or a service provider, We may also use Your Personal Data for the following purposes in addition to those listed above:

1. for the achievement of the purpose related to the preparation of the historical documents of the archives for public interest, or for the purpose related to research or statistics with appropriate security measure;
2. to prevent or suppress a danger to a person’s life, body or health;
3. to follow up on Your request regarding opt-out from direct or targeted marketing communications, advertisement, promos, surveys, and information on special offers or promotions;
4. 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;
5. 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; 
6. as necessary for Our legitimate interests or legitimate interests of any other person or legal person; and
7. as necessary and when permitted by You, for publishing any content associated with Your Personal Data or comments inputted by You on the Application. 

c. Your obligations as a data subject

As a data subject, You also have obligations to Personal Data, as follows:

1. respect the Personal Data of other parties;
2. provide complete and accurate Personal Data;
3. participate in propaganda and socialization of personal data protection skills;
4. comply with Applicable Laws; and
5. participate in the prevention and fight against violations of Applicable Laws.

d.  User age restrictions

This Application can be downloaded for free and used to get paid services. However, to create an account and use Application services, You must be at least 18 (eighteen) years old.

e. Language

This Privacy Notice may be translated into one or more other languages. If there is any inconsistency between the English version of this Privacy Notice and other language versions, the English version shall prevail.

f. Miscellaneous

For avoidance of doubt, service provider shall also include the reference of  Transportation Provider as provided in the Terms of Use applicable in Vietnam.