PRIVACY POLICY

2020

  1. 1. THE PURPOSE OF THIS PRIVACY POLICY

    1. 1.1 This privacy policy (“Privacy Policy”) is issued by PT Klik Kapal Indonesia, a limited liability company incorporated under laws of the Republic of Indonesia and domiciled at Gold Coast Office, Eiffel Tower, 16th Floor, Unit J-L, Jl. Pantai Indah Kapuk, Jakarta, Indonesia] (“Company”) (hereinafter referred to as "KKI", “we”, “our“ or “us”). This Privacy Policy applies to the services and/or Site(s) (as defined below) provided and maintained by KKI. “Site” includes our website and mobile application, namely https://www.klikkapal.com.

    2. 1.2 KKI is committed to protecting your privacy and Personal Data (as defined in prevailing laws and regulations in Indonesia). This Privacy Policy explains how we collect, record, organize, structure, store, alter, retrieve, consult, use, transmit, disclose, disseminate, combine, erase and/or destroy (collectively referred to as “process”, “processed”, or “processing”) your Personal Data. This Privacy Policy should be read in conjunction with the Terms of Use.

    3. 1.3 KKI reserves the right to amend this Privacy Policy from time to time. Prior to such amendment, we will notify you via the Site and/or by email to the address associated with your account. If you do not accept the changes, you must stop using your account by sending us an email at info@klikkapal.com. Your continued use of the Site after we publish or send a notice about our changes to this Privacy Policy means that you consent to the updated Privacy Policy.

  2. 2. WHAT INFORMATION WE COLLECT

    1. 2.1Personal Data” means information about you, from which you are identifiable, including but not limited to your name, nationality, address, telephone number, fax number, gender, email address, your occupation, your photo, any information about you which you have provided to KKI in the registration forms, application forms or any other similar forms and/or any information about you that has been or may be processed by KKI from time to time. We may also collect your corporate and license documents, as well as vessel registration and location data, which may potentially contain your Personal Data as mentioned above.

      The provision of your Personal Data is voluntary. However, if you do not provide KKI your Personal Data, KKI will not be able to process your Personal Data for the Purposes outlined below and may cause KKI to be unable to provide services or accept payments from you. Provision of your Personal Data is mandatory and failure to provide your Personal Data may cause KKI to be unable to engage you to provide services.

      In addition to the Personal Data you provide to KKI directly, KKI may collect your Personal Data from publicly available sources or from third parties, for example:

      • from publicly available sources;
      • from our official social media pages, if you follow, like or are a fan of such pages;
      • from credit reporting agencies, insurance providers, or financial services providers;
      • when you interact and communicate with KKI at any events or activities;
      • from other entities who provided you with services or with whom you have a contractual relationship; or
      • from marketing service providers or partners.
    2. 2.2 The Personal Data that we collect from you when you interact with us online depends on the tasks you complete on the Site or the services that you obtain from us and/or your interactions with us.

    3. 2.3 You have no obligation to provide any of the Personal Data requested by us. However, if you choose not to provide us with certain Personal Data, we may not be able to deal with your request, and/or provide you with the services that depend on our ability to carry out the Processing of your Personal Data. We also may not be able to respond to your inquiry or instructions without your Personal Data.

    4. 2.4 When you visit and browse through our Site or use our services, we collect data for statistical and maintenance purposes that enables us to evaluate the performance of our Site or services. Such general information includes:

      • the number of users visiting our Site or using our services and the number of pages viewed;
      • the date, time and duration of visits; and
      • the path taken through our Site.

      Such information will not identify you and we will not combine it with any information in a manner which we can identify you.

    5. 2.5 When you interact with us for matters where logically your Personal Data is required by us in order to deal with your interaction, your request or activity, we would need to obtain Personal Data from you in order to complete such interaction, such as your online application for our services, information and/or your registration of our services that you had obtained or are obtaining from us (“Service Registration”). When completing the Service Registration process or requesting other service information or when using the contact us function on our Site, you may need to complete an online form on the Site. Our online forms will ask you to provide Personal Data and such Personal Data will/may be processed by us for one or more of the Purposes (as defined below) and/or any other purposes stated in that form. You will have the right to choose whether or not to provide Personal Data, although if certain needed Personal Data is not provided to us, it will mean that we may not be able to deal with your request or transaction in question.

    6. 2.6 You can contact us by e-mail via the link on this Site. In such instances, you have the choice whether or not to provide or reveal your Personal Data other than your name and e-mail address.

  3. 3. HOW WE COLLECT PERSONAL DATA

    1. 3.1 KKI collects Personal Data in a number of ways, including but not limited to the following instances:

      • when you request information concerning a service of interest to you, make other enquiries or place an order for our services;
      • when you interact with us such as through our customer call centres or with our technicians during site visits, or through your access and use of the Site, or our online and telephone services;
      • when you use our service;
      • when you enter your personal details on the Site, when you provide information via over the telephone or in documents such as registration forms;
      • when you provide feedback on our products or services, or when you complete any application forms, purchase orders, questionnaires or surveys;
      • when you engage with us through social media.
      • from third parties such as our related companies, suppliers, contractors and agents;
      • from sources of information which are available to the public;
      • from records relating to your use of the Site; and
      • when you provide us with your Personal Data.
    2. 3.2 Any information which is not capable of identifying you, such as the number of users visiting this Site, is collected through code embedded in the pages of this Site. You wil not be able to disable the code on these pages.

    3. 3.3 Other information, such as browser type, is included in a "cookie". Cookies are pieces of information that a website can transfer to an individual’s computer hard drive for record keeping. Cookies make using our Site easier by storing information about your choices on a particular website. This will enable you to take full advantage of the services offered to you. The use of cookies is an industry standard utilised by most major websites. Most Internet browsers are set to accept cookies. If you would prefer not to receive cookies you are able to adjust your Internet browser to disable cookies or to warn you when cookies are being used.

    4. 3.4 We may use cookies to identify you from other users on the Site. As mentioned above, a cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device. You can block or deactivate cookies in your browser settings. We use log-in cookies in order to remember you when you have logged in for a seamless experience. We use session cookies to track your movements from page to page and in order to store your selected inputs so you are not constantly asked for the same information. The Site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the Site and ways that we can improve your experience. These cookies may track things such as how long you spend on the Site and the pages that you visit so we can continue to produce engaging content. By continuing to use the Site, you are agreeing to the use of cookies on the Site as outlined above. However, please note that we have no control over the cookies used by third parties. For further information on types of cookies and how they work visit https://www.allaboutcookies.org.

    5. 3.5 We may use web beacons. Web beacons are small graphic images on a web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns. We may use analytics tags. If so, we use analytical tags to analyse what our customers like to do and the effectiveness of our features and advertising. They can also help us customize your browsing and shopping experience. We may use information collected through analytical tags or tracked links in combination with your Personal Data for the Purposes. We may also combine Personal Data you provide to us with other of your Personal Data (such as purchase history and demographic information) for the Purposes.

    6. 3.6 This Site may include hyperlinks that enable you to access a number of other websites and online applications that are not operated by KKI. These other websites and online applications are subject to their specific Privacy Policy. In this case, we strongly recommend that you read the privacy and security provisions relevant to those sites in order that you understand how those organisations will deal with your Personal Data.

  4. 4. PURPOSES FOR PROCESSING OF YOUR PERSONAL DATA

    1. 4.1 KKI will/may process your Personal Data for provision of services and facilitating transportation, delivery and payment between the users which shall include, without limitation the following:

      Where you are a customer of the services provided by KKI:

      • to process, validate, administer, manage or verify your application for subscription with the Site and to provide you the benefits offered to users;
      • to carry out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations in Indonesia which is applicable to us, the requirements or guidelines of governmental authorities in Indonesia which we determine are applicable to us, and/or our risk management procedures that may be required by Indonesian laws or that may have been put in place by us;
      • to comply with or enforce the terms and conditions of any contract or agreement entered into by KKI and you;
      • to provide you with any service you have requested or delivered;
      • to process and manage your rewards and loyalty points;
      • to contact or communicate with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing your use of the Site, your subscription and/or account with us, your relationship with us or any transactions made by you with us.
      • for marketing purpose and in this regard, we would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, contests, services and/or events (including those of third party organisations with which KKI may collaborate with) that KKI (including its affiliates) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future by any mode of communication, including but not limited to by way of voice calls, text messages, postal mail, faxes, electronic transmission to your email address(es), push notifications, other forms of in-app notifications or harnessing other technologies (such as geo-location technology) for our Site on your mobile device(s) or other technologies on your computers, in compliance with prevailing Personal Data protection laws and regulations in Indonesia. You may opt out of this or withdraw from this at any time by sending an email to us via the address as set out in paragraph 10 below.
      • to process your participation in any events, activities, focus groups, research studies, contests, promotions, or polls;
      • to validate your bookings and process payments relating to any services you have requested or delivered in the Site;
      • to conduct research (including customer research), surveys, market surveys, analysis and/or development activities (including but not limited to data analytics and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to the Site, or improve any of our products or services. Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face to face or phone interview survey, by way of email or postal mail;
      • to carry out your instructions or respond to any enquiry given by (or purported to be given by) you or on your behalf including responding to your customer service enquiries and complaints; or responding to or dealing with your interactions with us;
      • to monitor, process and/or track your use of the Site in order to provide you with a seamless experience, facilitating or administering your use of the Site, and/or to assist us in improving your experience in using the Site;
      • to use Cookies to enhance our processes, advertising, notifications, authentication, security and compliance, analytics and preference management;
      • to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with conflict of interests; or dealing with and/or investigating complaints;
      • to comply with or as required by any applicable law, court order, order of a regulatory body, governmental or regulatory requirements applicable to us, including meeting the requirements to make disclosure under the requirements of any law binding on us, and/or for the purposes of any guidelines issued by regulatory or other authorities in Indonesia, with which we are expected to comply;
      • to comply with or as required by any request or direction of any governmental authority which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. For the avoidance of doubt, this means that we may/will disclose your Personal Data to such parties upon their request or direction;
      • to host, back up (whether for disaster recovery or otherwise) of your Personal Data;
      • maintaining and developing our systems and infrastructure including testing and upgrading of these systems;
      • to anonymize your Personal Data. In this regard, you acknowledge that Personal Data that has been anonymized is no longer Personal Data and the requirements of applicable local data protection laws and regulations would no longer apply to such anonymized data; and
      • to deal with the or as part of a bankruptcy, winding up, reorganization, restructuring, insolvency, receivership or an assignment for the benefit of creditors, of KKI.

      (the purposes set out above shall be collectively referred to as the “Purposes”).

    2. 4.2 With respect to the communication purpose at paragraph 4.1 above, you acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain Personal Data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;

    3. 4.3 With respect to the marketing purpose at paragraph 4.1 above, you may notify us at any time that you no longer wish to receive any of these marketing communications and opt out of receiving the particular communication by responding via the channel in which you received the marketing communication, or by contacting us at the contact address given below. If you have installed a mobile application and you want to stop receiving push notifications, you can do so by changing the settings on your mobile phone or in the mobile application.

    4. 4.4 For the avoidance of doubt, you acknowledge and consent to KKI sharing anonymised information with third parties. For the further avoidance of doubt, applicable local data protection laws and regulations do not apply to anonymised data that does not identify an individual and applicable local data protection laws and regulations do not provide you with a right to object to an organisation handling or processing of anonymised data.

  5. 5. HOW YOUR PERSONAL DATA IS STORED, HANDLED AND MANAGED

    1. 5.1 KKI takes great care to protect your privacy. In this regard, we will take reasonable steps to ensure that your Personal Data is kept confidential and secure, and take reasonable appropriate technical and organizational measures to protect your Personal Data from unlawful or accidental destruction, accidental loss, unauthorized or unlawful forms of processing.

    2. 5.2 Any information provided to us on the Site is protected using Secure Sockets Layer protocols.

    3. 5.3 Where we transfer your Personal Data from our servers to our mainframe computers, we shall use all reasonable endeavours to ensure that this is done securely. Access to our mainframe computers is protected by firewall security systems where required, relative to the risk of the information stored. In addition, the Site carries an Internet Detection System to monitor potential privacy and security threats.

    4. 5.4 Any information stored in KKI systems is protected from unauthorised access by the use of a number of security measures and procedures including user passwords.

    5. 5.5 Please be aware that the transmission of data over the internet is never completely secure, and while we aim to use our best efforts to secure and protect the information, we cannot guarantee the security of any information that is provided or transmitted to us by you. Any such provision of information is at your own risk.

    6. 5.6 We will also put in place measures such that your Personal Data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served by the retention of such Personal Data; and (ii) retention is no longer necessary for any legal or business purposes. In any case, the destruction of the Personal Data in our possession shall be carried out no sooner than 5 years after those data were collected, unless requested so by you before such time.

  6. 6. WHEN WE DISCLOSE YOUR PERSONAL DATA

    1. 6.1 KKI may/will need to disclose your Personal Data to any third party organisations outside of KKI including to our affiliates, and those organisations may be located (and your Personal Data may be disclosed) overseas and outside of Indonesia, for one or more of the above Purposes, as such third parties, would be processing your Personal Data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we are permitted to disclose your Personal Data to such third parties (whether located within or outside Indonesia) for one or more of the above Purposes and for the said third parties to subsequently process your Personal Data for one or more of the above Purposes. These disclosures are made subject to suitable protection for privacy and confidentiality being in place. The third party organisations to which we would usually disclose your information include:

      • third party organisations who have been retained by KKI to assist us in providing services to you including delivery, installation, maintenance and repair;
      • suppliers, agents and other third parties with whom we have commercial relationships, for business, marketing and related purposes including but not limited to those which provide administrative or other services to us such as mailing houses, call centres, telecommunication companies, logistics companies, information technology companies and data centres;
      • market research, marketing and/or telemarketing service providers;
      • our professional advisers, for example, our auditors and lawyers, as well as our insurers;
      • government, regulatory or other organisations to whom we are required to disclose your Personal Data by law;
      • our related companies, affiliates and partners, including without limitation where we have received a complaint or claim, for example, to our contract manufacturers, infrastructure providers or other third parties in the supply chain, who may be located overseas, depending on where the relevant product or part was manufactured;
      • any actual or proposed assignee or transferee of the business of KKI, or a merged entity in the event KKI is merged to create the said merged entity;
      • third parties to whom disclosure by KKI is for one or more of the Purposes and such third parties would in turn be processing your Personal Data for one or more of the Purposes.
    2. 6.2 We may disclose your information to a purchaser or successor entity in connection with the sale of KKI or a related body corporate, or a business unit owned by KKI, or the sale of substantially all of the assets of KKI or a related body corporate.

    3. 6.3 Where your Personal Data is to be transferred out of Indonesia, we will comply with the requirements of Indonesian data protection laws and regulations in doing so. In this regard, this includes taking appropriate steps to ascertain that the foreign recipient organisation of the Personal Data is bound by legally enforceable obligations to provide to the transferred Personal Data a standard of protection that is at least comparable to the protection under the applicable local data protection laws and regulations.

  7. 7. PROVISION OF THIRD PARTY PERSONAL DATA BY YOU

    Should you provide KKI with Personal Data of individual(s) other than yourself, you represent and warrant to KKI and you hereby confirm that :

    1. (a) prior to disclosing such Personal Data to us, you would have and had obtained consent from the individuals whose Personal Data are being disclosed to us, to:

      1. (i) permit you to disclose such individuals’ Personal Data to KKI for the Purposes; and
      2. (ii) permit KKI to process such individuals’ Personal Data for the Purposes, as set out in paragraph 4 above;
    2. (b) any Personal Data of individuals that you disclose to us is accurate; and

    3. (c) you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their Personal Data to KKI and for KKI to process such Personal Data for the Purposes.

  8. 8. ACCESSING AND CORRECTING YOUR PERSONAL DATA OR WITHDRAWING YOUR CONSENT

    1. 8.1 KKI takes reasonable steps to ensure that any Personal Data we process is accurate and complete, if your Personal Data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, it is important that you advise us on a timely manner of any changes to your Personal Data or if there are any errors in the Personal Data we hold about you.

    2. 8.2 Subject to certain exceptions allowed by law, everyone who has provided Personal Data has the right to access or correct that Personal Data. For security reasons, you will be required to put any request for access to or correction of your Personal Data in writing. You may obtain access to or correction of your own Personal Data by contacting us via the address below. We will need enough information from you in order to ascertain your identity as well as the nature of your request, to deal with your request.

    3. 8.3 KKI may charge you a fee to deal with a request by you to access your Personal Data in order to cover our reasonable administration costs and will notify you in such an event.

    4. 8.4 For a request to access Personal Data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant Personal Data within the required timeline under applicable local data protection laws and regulations. Where we are unable to respond to you within the timeline, we will notify you of the soonest possible time within which we can provide you with the information requested.

    5. 8.5 For a request to correct Personal Data, once we have sufficient information from you to deal with the request, we will deal with your request in compliance with Indonesian data protection laws and regulations, including correcting your Personal Data within the required timeline under Indonesian data protection laws and regulations or we will provide you with an access to correct your Personal Data by yourself. Where we are unable to do so within the said timeline, we will notify you of the soonest practicable time within which we can make the correction.

    6. 8.6 You may withdraw your consent for the processing of your Personal Data in our possession or under our control by submitting your request to the email address set out below. We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will subsequently not process your Personal Data in the manner stated in your request, unless the law or Indonesian data protection laws and regulations allow us to. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we may not be able to fulfill the transaction you have entered into with us or continue with your relationship with us, or send you information that you have requested, as examples depending on the circumstances.

  9. 9. HOW YOU MAY MAKE A PRIVACY-RELATED COMPLAINT

    1. 9.1 If you have any concerns about our handling or treatment of your Personal Data or if you believe that your privacy has been breached, please contact us by writing to the address below setting out the nature of your complaint.

    2. 9.2 We will investigate your complaint and endeavour to provide you with our response within a reasonable time of receiving your complaint.

  10. 10. HOW TO CONTACT US ABOUT THIS PRIVACY POLICY

    1. 10.1 If you have any queries relating to our Privacy Policy, or if you wish to request for access to or correction of your Personal Data or to withdraw your consent, please contact or send your request to us at:

      PT Klik Kapal Indonesia

      Gold Coast Ofice, Eiffel Tower, 16th Floor, Unit J-L, Jl. Pantai Indah Kapuk, Jakarta Indonesia

      E-mail: info@klikkapal.com

  11. 11. GENERAL

    1. 11.1 This Privacy Policy governs the processing of your Personal Data when you visit our Site from this date forward until a later revision is posted.

    2. 11.2 Consent that has been given pursuant to this Privacy Policy is additional to and does not supersede any other consents that you provided to KKI with regard to the processing of your Personal Data.

    3. 11.3 For the avoidance of doubt, in the event that Indonesian data protection laws and regulations permit an organisation such as us to process your Personal Data without your consent, such permission granted by the law shall apply.