User Privacy Policy

between [Yayasan BASAbali Wiki] (“BASAbali”) with Service User (“User”).

LATEST UPDATE: [insert date] [March 2024]

The following User Privacy Policy (“Privacy Policy”) applies to You, the User which accesses and/or uses any feature and/or service provided in the application and/or platform (“BASAbali Wiki”) of Yayasan BASAbali Wiki, a Foundation (Yayasan) established in accordance to the law and domiciled in the Republic of Indonesia.

[THIS PRIVACY POLICY IS AN INSEPARABLE AND INTEGRAL PART OF THE TERMS AND CONDITIONS OF USER’S USE OF BASAbali WIKI PLATFORM WHICH CAN BE ACCESSED AT <BASAbaliwiki.org> and .]

BASAbali and the User respectively referred to as the “Party” and collectively as, the “Parties.”

The Parties hereby acknowledge and agree to the Recitals as follows, whereas:

• Yayasan BASAbaliWiki manages and/or provides digital-based platform for the purposes of promoting civic engagement through the electronic system available in the website owned and managed by BASAbali, i.e. (<https://dictionary.BASAbali.org>), and User hereby acknowledge to have read, understood, accept and agrees to all terms and conditions in this Privacy Policy and other applicable terms and conditions related to any service (which completely can be accessed on (<https://dictionary.BASAbali.org> and <BASAsulselWiki.org>) before using any feature and/or service available on BASAbali’s platform.
• This following Privacy Policy sets out how BASAbali collects, stores, uses, processes, controls, transfers, discloses and protects User’s Personal Data.
• BASAbali is entitled to renew, amend, change or supplement the Privacy Policy at any time (subject to the prevailing laws in Indonesia) for an unlimited amount of times and without limitation to display the latest version of this Privacy Policy which has been amended, changed or supplemented (“Privacy Policy Amendment”). Prior to a Privacy Policy Amendment, BASAbali shall inform you of any intended changes before such changes take effect, in accordance with the prevailing laws in Indonesia.
• The User hereby agrees that the User will always read thoroughly and check this Privacy Policy from time to time, including to know Privacy Policy Amendment. By still accessing and using features and/or services on BASAbali Platform (as defined below), the User is therefore considered to agree to the Privacy Policy Amendment.

The Parties hereby agree as follows:

1. Definitions and interpretations

For the purpose of this Privacy Policy, unless the context otherwise requires, the expressions defined shall have the following meanings:

“Affiliates” means (a) relationship between BASAbali and its employees, directors or commissioners; (b) relationship between BASAbali and other companies where there is one or more of the same management or board members; (c) relationship between persons and BASAbali, directly or indirectly, controls or controlled by such person; (d) relationship between 2 (two) companies controlled, directly or indirectly, by BASAbali; or (e) relationship between BASAbali and its principals.

 “Bank” means a legal entity that conducts its business activity in banking sector and established in accordance to Indonesian law.

“Personal Data” means every data about a person, whether identified and/or identifiable, in itself or combined with other information, whether directly or indirectly via electronic and/or non-electronic system.

“Business Day” means a day other than a Saturday, Sunday or national holidays on which banks are open for general business in Indonesia.

“Services” means, collectively: (i) BASAbali’s Platform, www.BASAbali.org; (ii) each and all content, features, services, and any functions available at or via BASAbali Platform by or on behalf of BASAbali, including every service which may be and/or is provided indirectly by Affiliates and/or third parties on BASAbali Platform; (iii) each and all notifications, announcements and/or messages delivered through available communication media (email, SMS, phone, etc), including but not limited to advertisements, offers, notices, whether managed directly by BASAbali, Affiliates or third parties, whether for the purpose of trade activity through electronic system, application development or BASAbali business activity development.

“User” means the user who accesses and uses the Services on BASAbali Platform.

“BASAbali Platform” means BASAbaliwiki.org (i.e., <[https://dictionary.BASAbali.org>)] which is accessible through electronic devices.

“Official Partner” means official partner that conducts cooperation with BASAbali where the platform of such partner allows several or the whole part of features of BASAbali Platform to be utilized, accessed, or supports features of BASAbali Platform, including but not limited to, BASAibu, BASAsulsel and Rumata Art Space.

All reference to “BASAbali” in this Privacy Policy may, as applicable, refer to BASAbali Wiki, its Affiliates, company group, and subsidiary.

2. General Provisions

2.1 BASAbali is entitled over, and User hereby agrees, consents, and grants full authority to BASAbali to collect, share, store, use, process, control, transfer, disclose and protect Personal Data of User for various purposes of BASAbali in providing various services and/or features by BASAbali.

2.2 If User declines a part or all of the provisions in this Privacy Policy, then BASAbali is entitled to not to provide services or grant access to, or process requests from, or fulfill any obligation towards, User.

2.3 Personal Data includes, but not limited to, name, date of birth, occupation, phone number, e-mail address, gender, IP address, location information, device data, (data related to information on activities of User in the BASAbali Platform, personal profile, and/or unique identifier  that is associated or combined with Personal Data. These data are relevant to enable User to access and utilize features provided on the BASAbali platform, as well as BASAbali’s activities in maintaining its operations.

2.4 BASAbali is entitled to produce, use, license or disclose data from Personal Data that is owned or controlled by BASAbali, provided that:

(a) any matters that may be associated to identify any User is removed so that such data, independently or combined with other data cannot identify a User; and

(b) such data has been combined so that the original data forms a part of a larger set of data.

3. Personal Data Collection

3.1 The User hereby consents that BASAbali may obtain/collect Personal Data from User:

(a) directly or indirectly when User inputs data, registers, indicate, uses, discloses, any type or form of information that may be categorized as Personal Data on the BASAbali Platform and/or other media that may be received by BASAbali, and User hereby represents and warrants to BASAbali that User is capable, without contrary to the law, authorized and entitled to input data, register, indicate, use, disclose, any type or form of information that may be categorized as Personal Data received by BASAbali from such User;

(b) from third parties that have obtained approval from User to collect, share, store, use, process, control, transfer, disclose Personal Data from User for or in respect of the purpose of involving such third parties or purpose of our cooperation with such third party (as applicable).

4. Use of Personal Data

4.1 The User hereby consents that BASAbali is entitled to use Personal Data received in accordance with this Privacy Policy for the purpose as follows and other purposes in accordance with the prevailing laws and regulations:

(a) general activity of BASAbali;

(b) to identify, register, administer, verify, activate, deactivate, block or manage User’s account and any data and/or electronic assets related to the User’s account;

(c) verification process;

(d) to provide or not to provide Services to User;

(e) to fulfill or not to fulfill obligations of BASAbali to the User;

(f) to communicate with User and provide information in relation to BASAbali Platform to the User;

(g) to process and respond to any information received from User;

(h) to maintain, repair, develop, test, upgrade BASAbali Platform and to personalize BASAbali Platform to fulfill the needs and preferences of User;

(i) to observe and analyze activity patterns, behavior, demographic data, habits from User in respect of the access and use of the BASAbali Platform;

(j) to provide or offer services from BASAbali and/or Affiliates or partners of BASAbali, including survey and information directly or focused;

(k) to prevent, detect and resolve the occurrence of prohibited activities contrary to any the applicable Terms and Conditions in or enforced by BASAbali and prevailing laws, that might occur in the usage of the BASAbali Platform including but not limited to fraud, embezzlement, theft, money laundering, terrorism funding, and/or all activities potentially or that have harmed BASAbali, any User, and/or other third parties;

(l) to facilitate corporate transactions (such as transactions related to shares, assets, and/or other interests in respect of the BASAbali and/or its Affiliates);

(m) purpose of investigation, examination, audit, due diligence, pre-investigation, in accordance to the prevailing laws and regulations; and

(n) for other purposes after BASAbali obtains approval of User for such usage.

5. Disclosure to Third Parties

5.1 The User hereby consents that BASAbali is entitled to disclose, transfer, duplicate, and/or share Personal Data received from User to Affiliates of BASAbali and other third parties including Official Partners and other personal data processors for the following purposes and other purposes in accordance with the prevailing laws and regulations:

(a) general activity of BASAbali;

(b) provision of Services;

(c) to fulfill the provisions of the prevailing laws and regulations and/or order or request from institutions and/or authorized parties, whether for the purpose of legal processes or others;

(d) verification process for the purpose of providing services to User;

(e) management of emergencies or threats towards health and/or safety of every user of BASAbali Platform and/or its assets;

(f) facilitate transactions corporate transaction plans (such as transactions related to shares, assets, and/or other interests in respect of BASAbali and/or its Affiliates);

(g) for study, research from third parties in cooperation with BASAbali and/or Affiliates of the BASAbali;

(h) storage of Personal Data to ensure safety and confidentiality; and

(i) for other purposes after BASAbali obtains approval from User for such disclosure or sharing.

5.2 For the avoidance of doubt, third parties as stipulated in this Article may be in the form of, including but not limited to:

(a) partners, including parties that cooperate with BASAbali which are, among others cloud computing service providers, market researchers, general service providers, and other information technology service providers;

(b) government institutions, tax authorities, legislative institutions, judicial institutions and/or other law enforcement agencies, and/or other institutions or agencies established under the laws and regulations;

(c) professional advisors, external auditors, legal counsels, financial advisors, business consultants, tax consultants,

and each of these parties may use sub-processors, whether located within or outside Indonesia.

5.3 in conducting disclosure of Personal Data to third parties as stipulated in this Article, BASAbali must ensure safety and confidentiality of such Personal Data and disclosure will only be conducted in accordance with the purpose of disclosure. Where User’s Personal Data is transferred cross-border (outside Indonesia), such transfers shall be undertaken in compliance with applicable Indonesian laws with an adequate level of protection ensured at all times.

6. Access Request, Correction and Withdrawal of Personal information

6.1 User may request BASAbali for information on further clarification regarding BASAbali’s identity, legal interest basis, purpose of collection and processing of User’s Personal Data, by way of contacting User through the contact listed in this Privacy Policy.

6.2 Subject to prevailing laws and regulations, User may request to BASAbali to access copy of and/or request correction of Personal Data of User controlled by BASAbali, by way of contacting User through the contact listed in this Privacy Policy.

6.3 BASAbali is entitled to decline request of User to access and/or correct part or all of the Personal Data of User to fulfill provisions of prevailing laws and regulations.

6.4 User may withdraw its consent for any or all collection, usage or disclosure of Personal Data at any time by providing notification 14 Business Days prior in writing to BASAbali in the contact details listed in this Privacy Policy. User understands and acknowledges that BASAbali may decline to provide services and/or the BASAbali Platform to User after such withdrawal. Further, the revocation of User’s approval does not terminate all rights and obligations arising from contractual relationship between BASAbali and User.

6.5 User may request for removal or destruction of its Personal Data controlled by BASAbali, to the extent permitted by law.

7. Personal Data Storage

7.1 BASAbali will store Personal Data from User to the extent required to fulfill the purpose of collection in accordance with this Privacy Policy, or to the extent, such storage is required or permitted by prevailing laws and regulations.

8. BASAbali’s Limitation of Liability

8.1 BASAbali shall not be liable for, and User will discharge, release, indemnify, defend BASAbali and its Affiliates, including any official, director, employee, agent, partner, supplier, contractor of BASAbali from and against any and all request, suit, claim, losses, liability, obligation, fees, damages and costs (including but not limited to legal fees and full indemnification fees) resulted directly or indirectly from:

(a) all losses due to Personal Data that has been obstructed, intercepted, accessed, stolen, disclosed, changed or destroyed by unauthorized third parties, due to factors beyond control of BASAbali and/or contrary to this Privacy Policy and prevailing laws and regulations, including which is caused by fault or negligence of User;

(b) all losses of any party over the disclosure of Personal Data by User related to other parties to BASAbali;

(c) storage of Personal Data from User by any third party as stipulated in this Privacy Policy;

(d) collection, usage, maintenance, sharing, or disclosure of data and information conducted in the website or application owned, managed and/or operated by third parties linked by BASAbali in the BASAbali Platform and all messages sent by BASAbali to User based on the Privacy Policy and in respect of any service of BASAbali.

9. Other Provisions

9.1 This Privacy Policy is governed by, and subject to, the prevailing laws of the Republic of Indonesia.

9.2 If in the implementation of this Privacy Policy occurs a difference of opinion and/or interpretation or occurs a dispute between the Parties in this Privacy Policy, then the Parties agree to be settled amicably in good faith to achieve consensus. If the discussion to achieve consensus is not achieved, then the Parties agree to elect permanent domicile and generally at the Registrar’s Office at the District Court in Denpasar in Bali as the dispute settlement forum.

9.3 In the event there is one or more terms in this Privacy Policy which is deemed to be invalid, in violation of law or inoperable based on the terms of prevailing rules and regulations, then such event will not affect the validity of other terms in this Privacy Policy.

9.4 In the event of Force Majeure, the Party that experiences such event categorized as Force Majeure must provide a written notification on such occurrence to the other Party at the latest 7 (seven) Business Days since the date of the occurrence of such Force Majeure, due to it the Parties would not be liable for the negligence or lateness of exercising all or part of this Privacy Policy. All issues arising as a result of the occurrence of such Force Majeure will be settled amicably by the Parties.

9.5 This Privacy Policy is displayed in the Indonesian and English version. In order to comply with Law No. 24 of 2009 on National Flag, Language, Emblem and Anthem (“Law No.24”), the Parties agree that the Indonesian version of this Privacy Policy will be deemed inseparable with the English Version. In the event of any confusion, doubt or inconsistency arising between the English text and the Indonesian text, or if there is a dispute in relation to the meaning or interpretation of a certain Privacy Policy, the Parties hereby agree that the English version will be deemed to have been amended to adjust with the Indonesian version. Each Party further agree that there are no Parties that will in any way or forum, or in any jurisdiction, argue the validity or file an objection towards this Privacy Policy on the basis of incompliance towards Law No.24.

9.6 All correspondences, notifications and communications based on this Privacy Policy must be sent to the following address and all three of the following email addresses:

(a) Yayasan BASAbali Wiki: Jalan Raya Sesetan, Gang Ikan Mas, No. 11 Denpasar, Indonesia. Email: wiki@BASAbali.org, Clara@BASAbali.org and Alissa@BASAbali.org

(b) User: will be sent to the e-mail address as listed upon registration of its account or other communication media (as appropriate).