Kebijakan Privasi Perlindungan Data dan Informasi Pribadi

Topics

1. Introduction

In this Privacy Policy, the term:
“ESB Application” or collectively known as “ESB Applications” shall refer to applications owned, managed, and controlled by ESB and related to ESB sites;
“Personal Data” shall refer to the description in Article 2.2;
“ESB” or “We” shall refer to PT Esensi Solusi Buana and its affiliates who are owners, managers, and operators of ESB Sites and ESB Applications;
“Privacy Policy” shall refer to terms, conditions, and agreements in relation to Personal Data applicable to each and every one of ESB Sites, ESB Applications, ESB Services, and ESB Platforms;
“ESB Service” or collectively known as “ESB Services” shall refer to services rendered and managed by, and under the control of ESB within ESB Applications, ESB Sites, or ESB Platforms;
“User” shall refer to every person who visits, accesses, and/or uses ESB Applications, ESB Sites, ESB Services or ESB Platforms, or possesses or registers an account within ESB Applications, ESB Sites, ESB Services or ESB Platforms;
“ESB Platform” or collectively known as “ESB Platforms” shall refer to platforms owned, managed, controlled, or used by ESB;
“ESB Product” or collectively known as “ESB Products” shall refer to products owned, managed, controlled, or used by ESB;
“ESB Site” or collectively known as “ESB Sites” shall refer to https://www.esb.id, any relevant sites and microsites accessed through https://www.esb.id and sites owned, managed, and controlled by ESB.
We created this Privacy Policy to comply with the laws and regulations on personal data and information protection as Our concrete commitment to respect and protect User Personal Data.

ESB shall not be responsible for: (i) any actions, consequences, or anything related to, including but not limited to, Personal Data existing within or submitted to any sites, applications, or platforms that are not managed by ESB; (ii) links to other sites or contents on the Internet owned or operated by any parties other than ESB; or (iii) any sites, applications, platforms, or contents that are not managed or controlled by ESB; ESB shall not be responsible for mistakes, neglects, delays, defamation, smear campaign, lies, pornography, sexual contents, inaccuracy or other materials within the contents, or arising as a consequence of accessing the aforementioned sites, applications, or platforms.

We acknowledge the importance of the Personal Data entrusted to Us and that it is Our responsibilities to collect, store, maintain, process, analyze, and manage this Personal Data to the best of our ability, in accordance with the prevailing laws and regulations and for the sake of the Personal Data owners.

By visiting, accessing and/or using one of ESB Sites, ESB Applications, ESB Services, ESB Platforms or ESB Products; or visiting, registering and/or creating an account in one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, You are deemed to have acknowledged, stated, and agreed (in which You give said acknowledgement, statement, and agreement in full awareness, without any coercion or undue influence from any parties including ESB, and without any coercion or undue influence in any forms from anyone or anywhere), that You are obliged to, and have done so, read and fully understand, accept, agree, and legally bind yourself to each and every one of the terms and conditions within this Privacy Policy, including but not limited to ESB practices with regards to Personal Data, with which You are deemed to have agreed to and permitted (for which said agreement and permission is given in full awareness, without any coercion or undue influence from any parties including ESB, and without any coercion or undue influence in any forms from anyone or anywhere) the collection, storage, usage, revelation, analysis, process, and/or management of Your Personal Data as stipulated and elaborated within this Privacy Policy; and You understand and agree that ESB, merely by informing you, is entitled to amend this Privacy Policy at any time without Your approval or any statement from You and that said changes are applicable to You, and this Privacy Policy is a legally binding conditions and agreements between You and ESB, and it stipulates Your and ESB's rights and obligations with regards to Your Personal Data.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, OR YOU DO NOT AGREE WITH ESB PRACTICES WITH REGARDS TO PERSONAL DATA, OR YOU DO NOT PERMIT THE COLLECTION, STORAGE, USAGE, REVELATION, ANALYSIS, PROCESSING, OR MANAGEMENT OF YOUR PERSONAL DATA AS STIPULATED WITHIN THIS PRIVACY POLICY, PLEASE REFRAIN FROM VISITING, ACCESSING, USING, REGISTERING, OR CREATING AN ACCOUNT IN ANY ESB SITES, ESB APPLICATIONS, ESB SERVICES, ESB PLATFORMS, OR ESB PRODUCTS.

2. Retrieval, Collection, and Retention of Personal Data

2.1.	Moments or conditions where ESB can or may obtain, collect, and/or store Your Personal Data include but are not limited to the following:

	(a)	You visit, access and/or use one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(b)	You visit, register and/or create account in one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(c)	You send any forms or requests with regards to one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(d)	You create agreements, interactions, or correspondence, in any forms, in written or otherwise, through any media including but not limited to one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, with Us, with regards to or in one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, or accounts in one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(e)	You give permission in Your device to share information with any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(f)	You link any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, or accounts in any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, in social media or any other external accounts or when You use features in social media or other online platforms in accordance with the provider's policy;
	(g)	You send any Personal Data to ESB, with any means and for any reasons;
	(h)	You conduct interactions with other Users or upload comments, discussions, messages, reviews, or ratings about anything in any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products; or
	(i)	You register to an event or gathering held by ESB or other parties who are Users or partners of ESB, or to an event or gathering where ESB is one of the sponsors or partners or supporters or operators.

2.2.

ESB can collect, store, use, reveal, analyze, process, and/or manage every data, information, content, or other similar things, that are identified and/or can be identified individually or in combination with other information directly or indirectly through an electronic and/or nonelectronic system including but not limited to (“Personal Data”):

	(a)	User's basic information such as Your full name, email address, home address and permanent domicile, phone number, date of birth, age, ban account details, work information, credit card, and/or financial information;
	(b)	information and content in Your account as listed in any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(c)	any information You upload or any information about Your products and services;
	(d)	information attached to You when You accessed or use any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products including but not limited to real location data or its estimate such as Your IP address, Wi-Fi location, and geo-location, unique ID, URL, browser type and setting, cellular network information, application interaction information, browser, and device;
	(e)	any information in the computers, mobile phones, or other devices where You access, upload, or use any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, which will depend on the permission You give;
	(f)	every piece of information collected by cookies, web beacon, and general log information. ESB can combine the above data and information with any data or information that ESB already possesses.

2.3.	You agree and permit (of which said agreement and permission are given by You in full awareness, without any coercion or undue influence from any parties including ESB, and without any coercion or undue influence in any forms from anyone or anywhere) that:

	(a)	You shall not give any part of Personal Data or information that is inaccurate or misleading, including but not limited to use Personal Data or information belonging to other people or any third parties (including other Users) without permission from the owner of said Personal Data or information; and in the event of any claims, demands, litigations, or damages due to breaching the conditions stipulated in this Article 2.3 point (a), You hereby agree and guarantee to be fully responsible for the aforementioned claims, demands, litigations, or damages in criminal or civil laws;
	(b)	ESB is entitled to, from time to time, verify the Personal Data You submit to Us, by sending verification letters or emails, or by obliging You to send supporting documents, or by any means, as requested; and
	(c)	Your Personal Data can be revealed to the following parties: (a) ESB affiliates and subsidiaries, agents, partners and subcontractors; (b) government, regulatory bodies, and fraud prevention bodies for the purpose of identifying, preventing, detecting or overcoming frauds, money laundering, or other crimes, and for other legitimate purposes; (c) any third parties for risk management purposes (d) other entities as obligated by law or for public interest to guarantee, for the purpose stipulated in the next paragraph; and (e) buyers during acquisition. You hereby acknowledge, understand, state, and agree (of which said acknowledgment, understanding, statement, and agreement are given by You in full awareness, without any coercion or undue influence from any parties including ESB, and without any coercion or undue influence in any forms from anyone or anywhere, which You shall not cancel or withdraw for any reasons) that said revelation must be made and You agree to waive Your rights to claim restitution, in so far as permitted by law. Unless otherwise stipulated here, We shall not reveal Your Personal Data to any parties without Your specific permission.

2.4.	n so far as permitted by laws and regulations, Your Personal Data shall be stored by ESB for the period necessary to fulfil the objectives stipulated in this Privacy Policy.

3. Use & Manage Personal Data

3.1.	ESB shall use Personal Data for, among others, provide, maintain, and improve ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, and to deliver the information and supports You request, including receipts, warnings, and supports as well as administrative messages.

3.2.

You agree with and give permission to (of which the agreement and permission are given by You in full awareness, without any coercion or undue influence from any parties including ESB, and without any coercion or undue influence in any forms from anyone or anywhere) ESB to use Your Personal Data that We obtain and collect in accordance with the conditions in this Privacy Policy for any activities that support the objectives stipulated in Article 3.1 above, including but not limited to:

	(a)	processing all forms of requests, activities, and transactions performed by Users through any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(b)	sending news and information about any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, and/or ESB Products, including but not limited to products, services, promotions and/or revisions offered by ESB or its partners, in so far as You permit. In the event that You choose to not receive any news and information stipulated in this Article 3.1 point (b), We shall not be responsible for any damages, loses, or consequences that You might experience due to not knowing about said news and information, which could be winnings of lottery, competition, games, presents, bonuses, promotions, or other similar things;
	(c)	improving ESB Sites, ESB Applications, ESB Services, ESB Platforms, and ESB Products, to support Users' needs, desires and interests;
	(d)	checking and overcoming Users' problems;
	(e)	contacting and/or communicating with You, responding and giving answers you're Your questions and comments;
	(f)	fulfilling the objectives of research, analysis, development, testing, and marketing of ESB Sites, ESB Applications, ESB Services, ESB Platforms, and other ESB Products, as well as developing features, sites, applications, platforms and new products and/or services;
	(g)	enabling audits and surveys to improve and develop ESB Sites, ESB Applications, ESB Services, ESB Platforms, and other ESB Products, among others to validate the size and composition of target audience, market research, and to understand experiences and inputs on access and usage of ESB Sites, ESB Applications, ESB Services, ESB Platforms, and other ESB Products;
	(h)	storing archives, data, statistics, and research results for reports and internal needs and those obligated by laws and regulations, as well as storing and maintaining Your Personal Data backup;
	(i)	responding to any claims or litigations or those that may arise from any parties;
	(j)	conducting monitoring and investigation on any suspicious usage, transactions, or actions or those indicated to contain elements of fraud or breach against: (i) this Privacy Policy; (ii) terms and conditions and usage and access policy of ESB Sites, ESB Applications, ESB Services, ESB Platforms, and/or other ESB Products; and (iii) conditions stipulated by applicable laws and regulations, and conducting follow up actions on the results of said monitoring and investigation;
	(k)	under certain circumstances, for the purpose of law enforcement or to fulfill legal requirements and obligations as outlined by applicable laws and regulations, including but not limited to in the event of legal disputes or proceedings, both criminal and civil, that involve Users and/or ESB;
	(l)	facilitating corporate or business transactions including but not limited to mergers, sales of company assets, consolidations or restructuring, finances or acquisitions, that involve ESB, ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products;
	(m)	protecting ESB's legitimate interests, including but not limited to running its internal operational objectives such as data analysis, service quality assurance, insurance, information technology and network safety and risk management and credit; and/or
	(n)	fulfilling other purposes allowed permitted by laws and/or those that We shall inform to You upon receiving Your approval.

3.3.	To avoid doubts, the laws and regulations with regards to Personal Data or other applicable laws that permit organizations such as ESB to collect, use or reveal Your Personal Data without Your approval, the permission granted by said laws shall continue to be applicable.

4. Retention, Security, and Removal of Personal Data

4.1.

You hereby also acknowledge and understand that the transfer of information and data through the Internet is never fully secured, and thereby nothing in this Privacy Policy mentions or implies that ESB guarantees 100% of the security of the information and Personal Data that You provide or send to ESB and the risk of sending said information or Personal Data shall be borne by You.

4.2.

Users' Personal Data sent to or stored in ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products may be hacked into and accessed by any third parties in unauthorized or illegal manners, or its relevant technology may experience malfunctions or failures to work as expected, or anyone may access, utilize or misuse said information or Personal Data without said incidents being deemed as ESB's mistakes. Having said so, We shall comply with applicable laws and regulations to protect Your Personal Data; however, it is unavoidable, and there shall be no guarantee of absolute security such as but not limited to unauthorized revelations due to dangerous and sophisticated hacking by any parties without any mistakes from ESB.

4.3.

ESB implements various security measures and all actions obligated by applicable laws and regulations to ensure the security of Your Personal Data in ESB Sites, ESB Applications, ESB Services, ESB Platforms, and/or ESB Products. We conduct the procurement, collection, and storage of Your Personal Data in compliance and in accordance with applicable laws and regulations.

4.4.

You understand and permit Your Personal Data to be stored or processed outside the territory of the Republic of Indonesia by parties who work with or are in contact with ESB in other countries, or by ESB's third party service providers, vendors, suppliers, partners, contractors, or affiliates; wherein ESB shall continue to ensure Your Personal Data security in accordance with this Privacy Policy.

4.5.

Users' Personal Data under ESB control shall be deleted and/or made anonymous when said Users' Personal Data is no longer required to fulfill the objectives of its procurement; and when it is no longer required for the purpose of complying with applicable laws and regulations. However, please note that some Users' Personal Data may be stored by other parties lain, including authorized state bodies; wherein ESB shares Users Personal Data to said authorized state bodies and/or institutions or other parties appointed by the government or are in cooperation with ESB, and You understand, acknowledge, and agree that the storage of said Personal Data shall comply with the data storage policy of these respective parties.

4.6.	In the event that You wish to delete your Personal Data stored in the ESB system, You can submit a request for the deletion of your Personal Data through the designated ESB channels, where the deletion process will be conducted through the following procedure:

	(a)	Initiating Deletion
		User must submit a deletion request by informing Us via Our email address at [email protected], including their registered email and phone number to be contacted for phone call verification.
	(b)	Phone Verification:

	-	Our customer service will validate you by contacting the phone number You provided.
	-	During the call, You are required to confirm your identity through a secure process conducted by our customer service.

	(c)	Review
		We will review the request.
	(d)	Retention of Necessary Information:

	-	Personal Data will be deleted using a secure and irretrievable method.
	-	If it is not possible to delete all Personal Data, ESB will delete as much data as possible and inform the User about any remaining data that cannot be deleted.

4.7.

ESB shall hold no responsibility for Personal Data or Information that You give or register in sites, applications, services, or platforms belonging to parties other than ESB, including sites, applications, services, or platforms that may be linked in any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products.

5. Access to Personal Data and Withdrawal of Agreements

5.1.

You can renew Your Personal Data by accessing or renewing Your own Personal Data in accounts listed in any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products, or when said action is deemed impossible, You may submit a written Personal Data revision request to ESB via Our email correspondence: [email protected], and we shall process Your request in accordance with this Privacy Policy in due time. We may also charge Personal Data revision fee, when necessary, by notifying You first of said possible fee; in which We shall only process said Personal Data revision request upon receiving said fee.

5.2.

You may withdraw or cancel the agreement that You give with regards to the storage and usage of Your Personal Data as stipulated in this Privacy Policy, by sending a written request to Us. We shall process Your request in accordance with this Privacy Policy and in compliance with applicable laws and regulations, in due time, with the condition that You understand and agree that said withdrawal or cancelation shall mean that we no longer provide access to or usage of any of ESB Sites, ESB Applications, ESB Services, ESB Platforms, and/or ESB Products and any accounts that You create in any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, and/or ESB Products, and We shall not be responsible for damages or losses that may arise and may be caused by or are the consequences of said withdrawal or cancelation request by You.

6. Correction, Addition, and Renewal of Privacy Policy

6.1.	ESB shall be entitled to and can, from time to time, make changes, additions, and/or revisions to conditions, rules, and contents in this Privacy Policy which shall be applicable to all ESB Sites, ESB Applications, ESB Services, ESB Platforms, and ESB Products.

6.2.	You and every User are obliged to read carefully and check this Privacy Policy pages from time to time to learn about the aforementioned changes, additions, and/or revisions.

6.3.

You hereby understand and agree that by, and for the duration thereof, visiting, accessing and/or using any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products; or visiting, registering and/or creating accounts in any one of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products You shall be deemed to have agreed to each and every one of the conditions, rules, and contents of this Privacy Policy along with every change, addition, and revision, which shall be binding to You. Your failure to read carefully and check this Privacy Policy pages as obligated here shall not constitute any reasons or mean that said conditions, rules, and contents of this Privacy Policy along with it changes, additions, and revisions are not applicable to You.

6.4.

If You do not agree to the terms and conditions in this Privacy Policy, including but not limited to the terms and conditions with regards to changes, additions, and revisions of Our Privacy Policy, as stipulated and elaborated in this Privacy Policy, please do not visit, access, use, register or create an account in any of ESB Sites, ESB Applications, ESB Services, ESB Platforms, or ESB Products.

Our Privacy Policy