Privacy and the security of data are of paramount importance to all of us at Brick.Please read this document carefully,and if you have any questions or queries about the contents, please email us at firstname.lastname@example.org
Collection of your personal data
Whenyou use our Services we will have access to your personal data that you submitto us and personal data held by Account Servicing Payment Service Providers (i.e. any payment service provider, such as a bank or a credit cardissuer that maintains an online payment account on your behalf) (“Data Providers”) (“Personal Data”) for the duration of the transmission.Such Personal Data may include your date of birth,gender, account information, account balance,transactions, information on loans, insurance data and investments data.The manner in which we access, use, process and store your personal data for the provision of the Services is set out below.Whenyou use our website (the “Site”) we will collect browser information, includingyour IP address. We will also store some cookies (see our Cookiessection below for more details).
Use of your personal data
Your Providerwill direct you touse our Services which will include the following:
•We will provide you with asoftware tool (“Tool”) which you can use to transmit information (including personal data) relating to paymentaccounts (“Account Information”) thatyou hold with Data Providers to your Provider, and for Payment Initiation, which you can use to consentto and authorise a payment as specified by your Provider; this mayrequire that your Provider sendsus your bank accountdetails;
•To use our Services you mayneed to provide the same identifying information that you use to login to your online bank accountto access your relevant payment accounts withyour bank (“Credentials”).
•The Tool may allow you to useyour Credentials to retrieve such Account Information as you choose to transmit to the Provider. Schedule 1 to theTerms of Service lists the information that you can elect to retrieve and transfer using the Tool.
You should check your Provider’s rules on data privacy. If your Account Information(including any Personal Data) istransmitted from a Provider to us, or through our software to a Provider, that Provider(and not Brick) is responsible for it.OurTool may merge or aggregate Account Information retrieved from your Provider,or a particular Data Provider withAccount Information retrieved from other Data Providers where you or your Providerhave instructed us to accessand transmit such information.When you have signed up on Brick’s website for marketingpurposes we will use your email address tocontact you in relation to products, events and service-related matters, whereyou have provided your consentto do so.Retention of your personal datais necessary
We will not retain your information for any longer than we think isnecessary. Information that we collect will be retained for as longas needed in order to:
•fulfil the purposes outlined in the‘Use of your personal data’section above;
• in line with our legitimate interest;
•or for a period specificallyrequired by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.When determining the relevant retention periods, we consider factors including:
•our contractual obligations and rights in relation to the information involved;
•legal obligation(s) under applicable law to retaindata for a certain period of time;
•statute of limitations under applicable law(s);
•our legitimate interests wherewe have carried out balancing tests (see section on 'How we use your personalinformation' above);
•fraud and risk management;
•(potential) disputes; and
•guidelines issuedby relevant data protection authorities.Otherwise, we securely erase your information where we no longer require your information for thepurposes collected.Deletion of personal data
We will notkeep your Personal Data for longer than necessary. We will deleteyour Personal Data:
•as soon as it isno longer needed to provide the Services to you;
•upon termination of the Terms of Service; and / or
• if You withdraw Your consent, and Your consent is necessary for us to retain the data.Disclosure
We may share your Personal Data with selected thirdparties, including business partners, suppliers and sub-contractors that assist us in the provision of our Serviceto you. The third-party providersusedby us will only collect, use and disclose your information as instructed by usto provide Services to you.We may alsodisclose your Personal Data to other third parties in the event that:
•We reasonably consider that weare under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or
•in order to enforce or apply our Terms of Service and other agreements; or
•to protect the rights, property, or safety of Brick, our customers, or others.Transfer of your personal data outside of Indonesia
Thedata that we collect from you will not be transferred to, or stored ofIndonesia. We will take reasonablesteps to ensure that your Account Information (including any Personal Data) ishandled securely and in accordance with this PrivacyPolicy.
The Legal basis for processing personal data
These are our legal reasons for processing your personal data:
•For the performance of a contract with You or YourProvider;
•For the purpose of furtheringBrick’s legitimate interests including providing better products, services, websites and applications, to operate our websites and applications.
•With your consent to provide you with updates of Bricks, products, events and service- related matters.Consent
When you use our services you may provide us with your Credentials and we require your consent to usethose Credentials to:
•retrieve your Account Information (including any PersonalData);
•to provide such AccountInformation to the Providers which referred you to us;
•improve the Services or the Tool.
•temporarily access your paymentaccount to debug any issues and to improve our automated processes for retrieving data.
You or your Provider may provide us with your PersonalData in order to initiate a payment.The Personal Data we collect about You may be stored and processedto provide, maintain and improve our Services and Tool.Your Personal Data may be anonymised, to be part of amarket study or analytics by us or a thirdparty. On our website, we use Google Analytics and other tools toprocess data in an anonymous form to provide us information about the use of our Site.When you have signed up on Brick’s website for marketing purposesyou provide your personal information voluntarily and Brick can only send you updateswith your consent.Security
Weuse industry-standard encryption methods to ensure the security of yourPersonal Data in accordance withapplicable law and regulation but cannot guarantee the security of any data transmitted to a Provider using our Tool.Once we have received your information, we take reasonable precautions to ensure that it is not lost, misused,accessed, disclosed, altered or destroyed.If you have reason to believe that your Personal Data is no longer secure (forexample if you feel that thesecurity of your Personal Data has been compromised then please contact us immediately). Cookies
•‘Session cookies’ which existonly while your browser is open. These cookies let us see where you’ve spent time on our Site andwhich part of the Site is the most or least effective. These aredeleted automatically once you close your browser;and
•‘Persistent cookies’ whichsurvive after your browser is closed. They can be used by the site to recognise your computer ormobile device when you open your browser andbrowse the Internet again.
•‘Third Party cookies’ these arecookies set by a domain other than our Site or a third party. These work by sharing your browser identification withthat third party (like Facebook, Google),so that they can show you ads on their sites.Youcan block cookies by activating the setting on your browser that allows you torefuse the setting of all or some cookies. However, if you use your browser settings to block all cookies(including essential cookies for theprovision of our Service) you may not be able to access all or parts of our site.
Subject Access Requests
You have the right to ask us to provide any personal data we have collected aboutYou, to You. Should You wish to doso, please email us at email@example.com
to make a subject access requestdetailing:
•the details of your Provider,and
•the period of data you’dlike access to. Object to DirectMarketing
You have the right to ask us at any time to stop processing your Personal Data for direct marketing at any time. We provide for the right for you to unsubscribefrom any of our marketing material at any time.
If you would like to access, correct, amend or deleteany personal information we have about you,register a complaint, or simply want more information about how weprocess your Personal Data, you can contact us at firstname.lastname@example.org
Set out below are the terms of service (“Terms of Service”) which apply when you (the “End-User”)use the Service (defined below) and which set out the legally binding conditions which govern ourprovision of the Service to you.Your use of the Service is conditional on your acceptance of these Terms. You should read theseTerms of Service carefully and make sure you understand them before agreeing to them. TheseTerms of Service are available for you to download. You may also request a copy of these Terms ofService from us at any time after your use of the Service by emailing us at email@example.com. TheTerms of Service are only available in Bahasa Indonesia.
Who we are
We are PT Brick Teknologi Indonesia (“Brick”), a company incorporated in Indonesia and having itsregistered office at The Belleza BSA Lt 1 Blok SA1-06, Jl. Letjen Soepono, Permata HijauRT004/RW002, Kel. Grogol Utara, Kec. Kebayoran Lama, Kota Adm. Jakarta Selatan, Prov. DKIJakarta.
Our services to you include the following (together, the “Service”):We will provide you with a software tool (the “Tool”) which you can use to transmit information relatingto payment accounts (“Account Information”) that you hold with any account provider (e.g.any payment service provider (for example, a bank or credit card issuer) that maintains a paymentaccount on your behalf that is accessible online) (“Data Provider”) to your account information orother service provider (the “Service Provider”), according to these Terms of Service.To use the Tool you will need to provide the same identifying information that you use to access therelevant payment accounts when you log in yourself (the “Credentials”).
The Tool will allow you to use your Credentials to retrieve such Account Information as you chooseto transmit to the Service Provider. Schedule 1 lists the information that you can elect to retrieveand transfer using the Tool.Our Tool may merge or aggregate Account Information retrieved from a particular Data Providerwith Account Information retrieved from other Data Providers where you have instructed us toaccess and transmit such information.We may use internet providers, web browsers or other third parties to access your Data to provideyou with the Service.The Account Information collected from your Data Provider is not checked for accuracy so we cannotcheck that the aggregated information provided to your Service Provider(s) is accurate, although wewill of course use all reasonable efforts to ensure that our aggregation of that Account Information isaccurate.The services provided by each Service Provider and Data Provider are dealt with by the agreementsthat you have with each of them. As a result, we have no responsibility for the products and servicesprovided to you by the Service Provider (save for where your Service Provider is operating as anagent of Brick), any relevant Data Provider, or any other third party and are not liable to you for anyharm, damage or loss arising from your use of those products and services.In particular, you should check your Data Provider and Service Provider’s rules on data privacy. Onceyour Account Information (including any personal data) is transmitted through our software to aService Provider, that Service Provider (and not Brick) becomes responsible for it.We are not authorised to provide financial or investment advice, and our provision of the Servicedoes not amount to financial or investment advice. If you require financial or investment advice youshould contact an appropriately authorised adviser.We will not charge you for your use of the Service. Service Providers or other third parties may,however, charge you for your use of applications and other products that make use of the Tool orother services provided by Brick.
How we protect your Credentials and Account Information
We will not provide your Credentials to any Service Provider.Any Account Information that we access or Credentials that you provide will be encrypted with amulti-key encryption mechanism. Service Providers will only be able to access your AccountInformation where you have explicitly given them permission to do so. This ensures that the ServiceProvider that referred you to us can only see the Account Information that you have selectedthrough the Tool. Please refer to Schedule 2 for more details on how we protect your Credentialsand Account Information.
What we need from you
You are only permitted to use the Service if you are aged 18 or older. By agreeing to these Terms ofService you represent that this is the case.3We are providing the Service to you only so you should not share your access to the Service or your Credentials with anyone else.You are only entitled to access and use the Service in accordance with this Terms of Service.We need to know we are transmitting Account Information relating to the right person. You must provide us with information which is accurate, and must not misrepresent your identity or any other information about you.
What happens when you use the Service
By using the Service, you:
• represent that you are allowed to use the Credentials for this purpose, without anyobligation by us to pay any fees or subject to any other limitations including anyagreements with third parties.
• give us your explicit consent to retrieve, merge and/or aggregate your AccountInformation for you using the Tool and transmit it to the relevant Service Providers forthe purpose of providing the Service when you access the Tool through your ServiceProvider;
• agree that you will not:
• use any robot, spider, scraper, deep link or other similar automated data gathering orextraction tools, program, algorithm or methodology to access, acquire, copy or monitorour website or any other Brick domain (the “Site”) or the Service or any portion of themwithout our express written consent, which may be withheld at our sole discretion;
• use or attempt to use any engine, software, tool, agent, or other device or mechanism(including without limitation browsers, spiders, robots, avatars or intelligent agents) tonavigate or search the Service, other than the search engines and search agentsavailable through the Service;
• post or transmit any file which contains viruses, worms, Trojan horses or any othercontaminating or destructive features, or that otherwise interfere with the properworking of the Site or the Service; or
• attempt to decipher, decompile, disassemble, or reverse-engineer any of the softwarecomprising or in any way making up a part of the Service for any purpose other thanthose provided for by us and in conjunction with the operation of the Service.
You agree that you will be liable for any losses sustained by Brick as a result of your breach of theseTerms of Service and will compensate Brick in full for any such losses.
Our ownership of the Site and the Service
We are the owner or the licensee of all intellectual property rights in the Service, the Site and in thematerial published on the Site. All of those works are protected by copyright and other intellectualproperty laws and treaties around the world. All rights are reserved to the relevant owner orlicensee of those works.
Disclaimer of Representations and Warranties
While we will provide the Service with reasonable care and skill, the content and all services andproducts associated with the Service or provided through the Site or the Service are provided to you on an “as-is” and “as available” basis.Subject to the section below, under ‘What is things go wrong?’, we make no express representations or warranties of any kind:
as to the content or operation of the Service;
• as to the accuracy, reliability or completeness of the content of the Service (except forour aggregation methods); or
• that the content that may be available through the Service is free of infection from any viruses or other code or computer programming routines that contain contaminating ordestructive properties or that are intended to damage, surreptitiously intercept orexpropriate any system, data or personal information.
• and expressly disclaim any warranties of non-infringement or fitness for a particularpurpose.
What if things go wrong?
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply withthese terms, we are responsible for loss or damage you suffer that is a foreseeable result of ourbreaking these Terms of Service or our failing to use reasonable care and skill. We are notresponsible for any losses that you suffer as a result of our failure to comply with these Terms ofService except those losses which are a foreseeable consequence of the breach. Loss or damage isforeseeable either if it is obvious that it will happen or if, at the time you agreed to these Terms ofService, both we and you knew it might happen.We will not be liable nor responsible for any harm, damage or loss to you arising from or relating tohacking, tampering or any unauthorised access to your Account Information, Credentials or otherdata outside of the Service that we provide. You warrant that you have undertaken all reasonableefforts to ensure and secure your Credentials and Account Information outside of the Service thatwe provide. Subject to the section below, our liability to you for any cause whatever and regardlessof the form of the action, if proven, will at all times be limited. You can read more about our securitymeasures in Schedule 2.We are not liable to you for any harm, damage or loss to you arising from the acts or omissions ofany third parties, including in particular Data Providers and Service Providers (except where yourService Provider is an appointed agent of Brick).5We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Thisincludes liability for death or personal injury caused by our negligence or the negligence of ouremployees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach ofyour legal rights in relation to the Service.If you suspect that somebody else has access to your Credentials and is fraudulently using them toaccess the Service, you must contact us immediately by email to the following address:firstname.lastname@example.orgWhere your Service Provider is acting as an appointed agent of Brick and you feel that there mayhave been a breach of the agreement between you and your Service Provider, then please notifyyour Service Provider copying email@example.com.
About this agreement
These Terms of Service will apply each time you use our Service.We may at any time terminate or withhold your access to all or any part of our Service at any time,effective immediately:
• if you have breached any provision of these Terms of Service (or have acted in a mannerwhich clearly shows that you do not intend to, or are unable to comply with theprovisions of these Terms of Service); or
• if we, in our sole discretion, believe we are required to do so by law (for example, wherethe provision of the Service to you is, or becomes, unlawful).
Changes to these Terms of Service
Each time you use our Service you will be bound by the Terms of Service in force at that time.From time to time, we may change these Terms of Service. If we do this then we will publish thosechanges on our Site and you will be bound by those new terms the next time you use our Service. Ifyou do not agree to those changes you should not use our Service. You can always ask us for theterms of service which were in force when you used the Tool.
Who Decides Disputes?
The courts of South Jakarta will have exclusive jurisdiction to settle any disputes arising under or inconnection with these Terms of Service.These Terms of Service and any dispute or claim arising out of or in connection with them or theirsubject matter or formation (including non-contractual disputes or claims) shall be governed by andconstrued in accordance with the laws of Indonesia.Should you wish to raise a complaint in relation to the service with your Data Provider or yourService Provider, please refer to the complaints policy of your Data Provider and/ or ServiceProvider. You have the right to raise complaints with Brick, where your Service Provider is anappointed agent of Brick.6Should you wish to raise a complaint with us, please write to us at firstname.lastname@example.org
These Terms of Service constitute the entire agreement and understanding between the parties inrespect of the Service and supersede any previous agreement between the parties relating to suchmatter. Each of the parties represents and undertakes that in entering these Terms of Service it doesnot rely on, and shall have no remedy in respect of, any statement, representation, warranty orundertaking (whether negligently or innocently made) of any person (whether party to these Termsof Service or not) other than as expressly set out in these Terms of Service.If any provision or part-provision of these Terms of Service is or becomes invalid, illegal orunenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legaland enforceable. If such modification is not possible, the relevant provision or part-provision shall bedeemed deleted. Any modification to or deletion of a provision or part-provision under this clauseshall not affect the validity and enforceability of the rest of these Terms of Service.A waiver of any right or remedy under these Terms of Service or by law is only effective if given inwriting.A failure or delay by either party to exercise any right or remedy provided under these Terms ofService or by law shall not constitute a waiver of that or any other right or remedy, nor shall itprevent or restrict any further exercise of that or any other right or remedy. No single or partialexercise of any right or remedy provided under these Terms of Service or by law shall prevent orrestrict the further exercise of that or any other right or remedy.All covenants, agreements, representations and warranties made in these Terms of Service shallsurvive your acceptance of these Terms of Service and the termination of these Terms of Service.