"You" or ''Your'' (as the context may require) means the Borrower, the Lender or other person who uses the Platform and/or Services whether registered or not in the Platform.
''Personal Information'' means all data, statements, information and documents, both in electronic and non-electronic form that may identify an individual, including the Registered Contact and information of or relevant to Users (both Borrowers and Lenders, according to the context) and/or any parties related to the User (including but not limited to family, colleagues, employees, representatives of companies or the User''s service providers, if required) received or accessed by Us from the User, submitted, given or disclosed by the User to Us, according to the User's consent and stored and managed in connection with the provision of Services on the Platform and in order to use the Services on the Platform by Users.
"Failure of Payment" means an event where the Borrower has failed to pay or perform its obligations to repay the Loan as set forth in the Loan Agreement.
"We'' or ''Us" or ''Our'' (as the context may require) means PT Kredit Pintar Indonesia, a financial technology company that is engaged in LPMUBTI (as defined below) business activities based on POJK 77 to facilitate Loans from the Lender to the Borrower.
"Registered Contact" means the individual contact number submitted by the Borrower when applying for the Loan Application to Us through the Platform, whereby such number can and will be contacted by Us whenever the Borrower is declared as committing a Failure of Payment.
"Proxy" means a grant of authority as referred to in Article 1792 of the Civil Code ("Civil Code") from the Lender to Us, to represent and act for and on behalf of and for the benefit of the Lender to:
(a) provide consent, draft, negotiate, sign, implement and restructure the Loan Agreement;
(b) collect Loans from the Borrower based on the Loan Agreement, and to receive and return funds received from the Loan repayment from the Borrower to the Lender; and
(c) perform any other related actions that are reasonably necessary for the implementation of the Loan Agreement, in compliance with POJK 77, relevant OJK circular letters and laws and regulations that affect or need attention regarding LPMUBTI, Loan Distribution Agreement, Loan Agreement and fulfillment of the rights and obligations of the Lender based on a Loan Agreement.
"Services" means financial services provided by Us including providing the Platform to connect the Lender with the Borrower in order to carry out LPMUBTI activities related to distribution of the Loan to the Borrower.
''LPMUBTI'' means an Information Technology-Based Money Lending Service provided by Us through the Platform which allows potential Borrowers to submit a Loan Application.
"Lender" means a party registered on the Platform to provide funding by granting and distributing Loan to a Borrower through the Platform.
"Borrower" means a party registered on the Platform to receive funding in the form of a Loan from the Lender through the Platform.
"User" means either or both the Lender and the Borrower as the context requires.
"Loan Distribution Agreement" means an agreement entered into by and between the Lender and Us for the distribution of Loan funds from the Lender to the Borrower through the Platform.
"Loan Agreement" means a written agreement agreed upon between the Lender and the Borrower which regulates, among other things, the rights and obligations of the Lender and Borrower, terms and conditions of distribution of the Loan from the Lender through Us to the Borrower, and the procedure for the return or repayment of the Loan together with any amendments, extensions and attachments.
''PP No. 71/2019'' means the Government Regulation No. 71 of 2019 concerning System Implementation and Electronic Transaction along with all implementing regulations, changes, amendments, modifications and/or additions made from time to time.
"Perkominfo No. 20/2016" means the Minister of Communication and Informatics Regulation Number 20 of 2016 concerning Protection of Personal Information in Electronic Systems along with all implementing regulations, changes, amendments, modifications and/or additions made from time to time.
"Loan" means loan facilities either for new or recurring Loan (including interest, late repayment penalty for new or recurring Loan and other financial obligations) from the Lender distributed to the Borrower through the Platform based on the Loan Agreement.
''Platform'' is (a) web portal and/or mobile version of web portals created, owned and operated by Us which can currently be accessed at the following URL: www.kreditpintar.com along with any URL changes from time to time; and/or (b) mobile applications from the Google Play Store created, owned and operated by Us.
''POJK 77'' means Financial Services Authority Regulation No.77/POJK.01/2016 on Information Technology Based Money Lending Services as amended, modified or added from time to time.
''ITE Law'' means the Law of the Republic of Indonesia Number 11 of 2008 on Information and Electronic Transaction as lastly amended by Law Number 19 of 2016.
2.2 Your electronic consent as referred to in Article 2.1 above shall:
(a) be sufficient consent for the purposes of Article 1320 of the Civil Code as a condition for the validity of an agreement as well as any formality of consent as set out under PP No. 71/2019 and Perkominfo 20/2016;
(b) qualify as valid legal evidence based on Article 5 paragraph 1 of the ITE Law; and
(c) constitute an instrument of proof received as part of the concept of civil evidentiary proof in court according to Article 1865 Civil Code.
PERSONAL INFORMATION USAGE
3.1 In order for You to access the Platform and for Us to provide the Services, We shall request, obtain, collect, store, manage and use Your Personal Information and other information obtained through the Platform, including Your e-mail, telephone number or other media (if necessary) obtained through various channels including but not limited to You submitting forms or online data to Us via the Platform as well as information collected from Your devices when You visit and make use of the Platform.
3.2 You hereby consent to Us collecting, obtaining, storing, using and disclosing Your Personal Information including for the following purposes:
(a) appraisal, analysis, verification, validation or examination of (i) Loan Application; (ii) process or application for registration as a Lender or Borrower; and/or (iii) Your profile;
(b) conducting risk assessments, statistical analysis and planning and trends, including carrying out data processing, statistical analysis, credit, risk and anti money laundering screening, creating and managing credit assessment models, conducting credit checks, reviews and other backgrounds checks and keeping history of Your credit for current and future reference;
(c) manage Our relationship with You which may include providing information to You regarding the Platform and allowing You to use the Services provided by the Platform, such as for the following matters:
a) sending notifications via e-mail to You;
b) contacting You regarding Your request;
c) for Our business needs in general, including verifying your identity and credit reputation;
d) identifying You when You contact Us or visit the Platform;
e) providing adequate information stored on the Platform to identify You to the Lender and/or Borrower;
f) You to participate in Our interactive feature Services;
g) allowing banks, financial entities or authorized third parties to carry out confirmation regarding Your status in Our database or Services (if required);
h) handling questions or complaints made by or related to You in connection with the Platform and stored to prevent and detect any fraud, infringement and other potential misuse from occuring;
i) verifying Your compliance with the terms and conditions governing the use of the Platform;
j) conducting surveys, research, evaluations, academic study and/or product or Services development, either by Us or other third parties;
k) managing the User''s escrow account to the escrow account provider;
l) conducting investigations under the prevailing laws including anti-money laundering and prevention of terrorist financing in the financial services sector;
m) fulfilling any legal, regulatory and compliance requirements that apply to Us, the Platform and Services based on the prevailing laws and compliance with applicable agreements relating to the implementation of the Services;
n) implementing the instructions or policies of government, regulatory bodies or authorized agencies; and
o) notifying You regarding any changes to the Platform and Services.
3.4 We can disclose Your Personal Information without obtaining Your express consent, where:
(a) it is required by laws and regulations;
(b) there is an ongoing or future legal proceeding taking place;
(c) there is any actual or suspected breach of the prevailing laws including but not limited to fraud or money laundering crimes;
(d) it is required by authorized government agencies;
(e) required by permitted third parties, including academic institutions for analytics and research purposes; or
3.5 If You provide Us with false and inaccurate information, or We suspect that there is any fraud, We may record this matter in Your credit history and share that information with the appropriate legal entity or authorities and/or fraud prevention agencies.
PERSONAL INFORMATION STORAGE
3.7 We will store Your Personal Information for at least 5 (five) years or as long as it is necessary to protect Our interests or as required by laws and regulations.
SECURITY OF PERSONAL INFORMATION
3.8 We will take all reasonable steps and actions to prevent the loss, misuse or unauthorized changes of Your Personal Information by unauthorized parties.
3.9 Regardless of the steps and precautionary actions that we take, unauthorized entry or use, and hardware or software failure, may happen and compromise the security of Your Personal Information. We hereby disclaim, to the fullest extent permissible by law, any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorized access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any Personal Information provided by You to Us.
3.10 When registering yourself on the Platform, You are requested to create Your own personal password. You are responsible for maintaining the confidentiality of this password. You should not share Your password with anyone.
RETURNING AND DESTRUCTION OF PERSONAL INFORMATION
3.11 Your Personal Information can only be destroyed if:
(a) Your Personal Information has been stored for 5 (five) years or is required to be destroyed in accordance with the prevailing laws and regulations; or
(b) You request, unless We are required to retain such Personal Information in accordance with the prevailing laws and regulations.
3.12 Destruction of Personal Information as referred to in Article 3.11 includes removing part or all of the documents related to Your Personal Information that We hold so that the Personal Information cannot be re-displayed in Our electronic system unless You provide new Personal Information to Us.
THE CHANGE OF PERSONAL INFORMATION
3.13 We understand that You need to update or amend Your Personal Information from time to time. If you need to update or amend Your Personal Information, You can submit a written request via e-mail to Us and provide Us with the relevant details. We will help to update and/or correct Your Personal Information for You if it is deemed necessary.
RETURN AND REMOVAL OF PERSONAL INFORMATION
3.14 You are entitled to request the return of Your Personal Information provided that:
(a) You are not currently bound by an agreement in connection with the provision of Services of the Platform such as the Loan Distribution Agreement and the Loan Agreement;
(b) You have no right in connection with the provision of Services on the Platform, including but not limited to the right to collect for the return, repayment and payment of receivables;
(c) You have no obligation, financial responsibility, debt or similar matters in connection with the provision of Services on the Platform;
(d) You are not in the process of submitting a Loan Application, or undergoing verification and evaluation of the application by Us; and
(e) You are not registered as an active Platform User (User account has been deactivated).
3.15 The request for the return of Personal Information shall be sent to Us via e-mail at firstname.lastname@example.org and attach Your valid proof of identity (copy of resident card or passport) along with the reasons for requiring the return of such Personal Information.
3.16 You have the right to request the deletion of Personal Information that We hold by giving at least 10 (ten) working days written notice before the proposed date of deletion by stating the type or form of Personal Information requested for deletion. Provisions for the elimination of this Personal Information must be carried out in accordance with the provisions of Perkominfo No. 20/2016.
THE USAGE OF REGISTERED CONTACT
THE FUNCTION OF THE REGISTERED CONTACT
4.1. The Registered Contact provided by the Borrower during the process of submitting the Loan application ("Loan Application") will be used for contacting the Registered Contact when the Borrower is classified as being in Failure of Payment.
OUR RIGHTS OF TO CONTACT THE REGISTERED CONTACT
4.2 As an absolute requirement for a Loan to be made through the Platform, the Borrower hereby authorizes Us, and represents that it has obtained prior consent from the Registered Contact but without requiring further approval of any other party, to contact the Registered Contact in the event that the Borrower is classified as being in Failure of Payment, for the following purposes:
(a) to search or track the location of the Borrower in the event that the Borrower has not paid the Loan and the Borrower cannot be contacted at his/her registered cellular telephone number recorded with the Platform during the Loan Application process;
(b) to request assistance from the Registered Contact to remind the Borrower to pay and settle the Loan; and/or
(c) to request the Registered Contact to deliver the message from Us in connection with the fulfillment of the Loan repayment obligation and the Failure of Payment.
4.3 We shall contact the Registered Contact for the above purpose either through direct calls, SMS (Short Message Service), Whatsapp and/or other communication methods as determined by Us from time to time with due obervance to the provisions of the prevailing laws.
RELEASE OF OUR LIABILITY
4.4 The Borrower hereby releases, defends and indemnifies Us and the Lender (along with Our and the Lender''s employees, directors, commissioners, shareholders, representatives, attorneys, agents and/or affiliates) from any claims, liabilities, losses, expenses, costs or fees arising from or in connection with the following:
a) any dispute with a third party regarding a Registered Contact for any reason;
b) violation of rights or losses of third parties or any parties related to the Registered Contact; and
c) sanctions, research, investigations, inspections or audits as well as any consequences of or relating to violations of legal provisions and/or legislation, government policies and/or judicial and/or arbitration decision resulting from or in connection with the implementation of Our rights herein or attempts to contact, access, browse, obtain and/or utilize a Registered Contact.
In connection with the use of the Services on the Platform, You are entitled:
(a) to the confidentiality of Your Personal Information and the Registered Contact;
(b) to submit a complaint in the context of Our failure to protect the Personal Information to the relevant authorized agencies in accordance with the prevailing laws and regulations;
(c) to obtain access to, change or update Your Personal Information, unless otherwise specified in the laws and regulations;
(d) to obtain access to Your historical Personal Information that has been submitted to Us in accordance with the prevailing laws and regulations;
(e) to request the destruction of Personal Information that We manage, unless specified otherwise in the prevailing laws and regulations; and
(f) to determine if the Personal Information is confidential or non-confidential (if required).
FAILURE IN PROTECTING PERSONAL INFORMATION
(a) Where an act of nature or an unexpected situation has occurred, resulting in damage or destruction of equipment and/or systems which are used to secure, store or process a User's Personal Information;
(b) Where Personal Information is available or can be found by the public before such Personal Information has been conveyed by Us;
(c) Where We have given our best effort and to verify, secure and protect the Personal Information, and in the event of any unauthorized access, hacking, misuse, modification, change, interference;
(d) For the accuracy (unless for Personal Information that has been verified by Us at its our discretion), validity, legality and completeness of Your Personal Information; and/or
(e) Where the misuse of Personal Information and information caused by acts of crime, fraud or any criminal act or illegal action of a third party that is not under Our control or instruction.
6.2 We will give Our reasonable efforts to notify You in writing via e-mail if there is a failure of Our protection of Personal Information during the management of the Platform, whether occurred due to Us or a third party, with the following notification conditions:
(a) by including the reason or cause of failure of the protection of Personal Information;
(b) written notification via e-mail to You no later than 14 (fourteen) days after the failure is discovered;
(c) providing a contact person who is easily contacted by You regarding the management of Personal Information.
7.1 By visiting and using the Platform, You realize that cookies or similar technologies can be installed on Your device. Cookies are files that record information such as site search traces from a device or to collect internet log information and visitor behavior information. When You revisit this platform, cookies will make it easier for Us to customize the content to suit Your needs. These cookies do not track individual user information, and all of Our cookies data is encrypted and cannot be read by other platforms.
7.2 Even though Your computer will automatically accept cookies, You can choose to make modifications through Your search site settings by choosing to reject cookies and deleting cookies installed on Your device at any time by configuring Your search site software. You may not realize the benefit of some Services on the Platform if cookies are deleted or prevented from being installed in Your device.
SOCIAL MEDIA ACCESS
8.1 In the framework of provision of Services on the Platform, We may request You to allow Us to access social media accounts including but not limited to Twitter, Facebook, Google+ and/or LinkedIn. However, You are not required to give access to Your social media account.
8.2 In the event that You give Us access to Your social media account data, You must understand that We only use that data for the following purposes:
(a) Identity verification;
(b) Mitigating the risks of identity fraud;
(c) Analytical / quantitative statistics;
(d) Carrying out regulatory control;
(e) Providing information and answering questions; and
(f) Preventing fraud, money laundering and other criminal activities.
Last updated on November 2019.