User Privacy Policy

between Akademi Bangku Panjang Mgr (“ABPM“) 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 (“BASAkalimantan Wiki”) of Akademi Bangku Panjang Mgr (“ABPM”), 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 BASAkalimantan Wiki PLATFORM WHICH CAN BE ACCESSED AT <BASAkalimantanWiki.org>.]

ABPM 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:

• ABPM manages and/or provides digital-based platform for the purposes of promoting civic engagement through the electronic system available in the website <BASAkalimantanWiki.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 <BASAkalimantanWiki.org> before using any feature and/or service available on the BASAkalimantanWiki.org platform.

• This following Privacy Policy sets out how ABPM collects, stores, uses, processes, controls, transfers, discloses and protects User’s Personal Data.

• ABPM 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, ABPM 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 BASAkalimantan Wiki (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 ABPM and its employees, directors or commissioners; (b) relationship between ABPM and other companies where there is one or more of the same management or board members; (c) relationship between persons and ABPM, directly or indirectly, controls or controlled by such person; (d) relationship between 2 (two) companies controlled, directly or indirectly, by ABPM; or (e) relationship between ABPM 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) BASAkalimantan Wiki, www.BASAkalimantanWiki.org; (ii) each and all content, features, services, and any functions available at or via BASAkalimantan Wiki by or on behalf of ABPM, including every service which may be and/or is provided indirectly by Affiliates and/or third parties on BASAkalimantan Wiki; (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 ABPM, Affiliates or third parties, whether for the purpose of trade activity through electronic system, application development or ABPM business activity development.

“User” means the user who accesses and uses the Services on BASAkalimantan Wiki.

“BASAkalimantan Wiki” means BASAkalimantanWiki.org which is accessible through electronic devices.

“Official Partner” means official partner that conducts cooperation with ABPM where the platform of such partner allows several or the whole part of features of BASAkalimantan Wiki to be utilized, accessed, or supports features of BASAkalimantan Wiki, including but not limited to ABPM.

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

2. General Provisions

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

2.2 If User declines a part or all of the provisions in this Privacy Policy, then ABPM 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 BASAkalimantan Wiki, 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 BASAkalimantan Wiki, as well as ABPM’s activities in maintaining its operations.

2.4 ABPM is entitled to produce, use, license or disclose data from Personal Data that is owned or controlled by ABPM, 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 ABPM 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 BASAkalimantan Wiki and/or other media that may be received by ABPM, and User hereby represents and warrants to ABPM 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 ABPM 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 ABPM 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 ABPM;

(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 ABPM to the User;

(f) to communicate with User and provide information in relation to BASAkalimantan Wiki to the User;

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

(h) to maintain, repair, develop, test, upgrade BASAkalimantan Wiki and to personalize BASAkalimantan Wiki 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 BASAkalimantan Wiki;

(j) to provide or offer services from ABPM and/or Affiliates or partners of ABPM, 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 ABPM and prevailing laws, that might occur in the usage of the BASAkalimantan Wiki including but not limited to fraud, embezzlement, theft, money laundering, terrorism funding, and/or all activities potentially or that have harmed ABPM, 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 ABPM 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 ABPM obtains approval of User for such usage.

5. Disclosure to Third Parties

5.1 The User hereby consents that ABPM is entitled to disclose, transfer, duplicate, and/or share Personal Data received from User to Affiliates of ABPM 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 ABPM;

(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 BASAkalimantan Wiki and/or its assets;

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

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

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

(i) for other purposes after ABPM 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 ABPM 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, ABPM 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 ABPM for information on further clarification regarding ABPM’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 ABPM to access copy of and/or request correction of Personal Data of User controlled by ABPM, by way of contacting User through the contact listed in this Privacy Policy.

6.3 ABPM 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 ABPM in the contact details listed in this Privacy Policy. User understands and acknowledges that ABPM may decline to provide services and/or the BASAkalimantan Wiki to User after such withdrawal. Further, the revocation of User’s approval does not terminate all rights and obligations arising from contractual relationship between ABPM and User.

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

7. Personal Data Storage

7.1 ABPM 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. ABPM’s Limitation of Liability

8.1 ABPM shall not be liable for, and User will discharge, release, indemnify, defend ABPM and its Affiliates, including any official, director, employee, agent, partner, supplier, contractor of ABPM 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 ABPM 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 ABPM;

(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 ABPM in the BASAkalimantan Wiki and all messages sent by ABPM to User based on the Privacy Policy and in respect of any service of ABPM.

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) ABPM, Jl. Basuki Rahmat (komplek Kuliner Mingguraya) Banjarbaru, Kalimantan, Indonesia. Email:akademibangkupanjang@gmail.com and hudan.nur@gmail.com

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