SELLY PRIVACY POLICY
as of May 2021
The following Privacy Policy describes how we, Selly (PT Moka Teknologi Indonesia and affiliates, “we”, “us” or “our”) collect, store, use, process, retain, transfer, disclose and protect your Personal Information. This Privacy Policy applies to all users of our application, website (www.selly.id), services, or products (“Application”), unless set out in a separate privacy policy.
Please read this Privacy Policy thoroughly to ensure that you understand our data processing practices. Unless otherwise defined, all capitalized terms used in this Privacy Policy shall have the same meaning ascribed to them in the Selly’s Terms of Use.
This Privacy Policy includes the following matters:
- Privacy statement and Personal Information which we collect
- The use of Personal Information which we collect
- Sharing of Personal Information which we collect
- Retention of Personal Information
- Access and correction of Personal Information
- Cross Border Data Transfer
- Security of your Personal Information
- Changes to this Privacy Policy
- Acknowledgment and consent
- Marketing and promotional material
- Anonymous Data
- Third party platforms
- Severability
- How to contact us
1. PRIVACY STATEMENT AND PERSONAL INFORMATION WHICH WE COLLECT
We collect information that identifies or can be used to identify, contact, or locate the person or device to whom the information is associated ("Personal Information"). Personal Information includes, but is not limited to, name, address, telephone number, e-mail address, bank account, gender, or other government-issued identification. In addition, for other information, such as a personal profile, and/or unique identifier number, which is associated or combined with Personal Information, such information is also considered Personal Information. The Personal Information we collect may be provided by you directly or by a third party (for example: when you register or use the Application, when you contact our customer service, or vice versa when you provide Personal Information to us). We may collect information in various forms and purposes (including purposes permitted under applicable laws and regulations).
Information obtained from you or from your mobile device directly
- When you register and create an account with us using the Application, you must provide us with
certain Personal Information, including your name, e-mail address, and telephone number.
- When you use the Application, you must provide us with relevant information that may be required
by us for the Application to function, for example if you use the Application as a user, you must
provide us with information according to the type of service you are looking for, and pick-up details
and/or delivery.
Information collected whenever you use our Application or visit our Website
- Whenever you use our Application or visit our website, we may collect certain technical data in
connection with your use such as, internet protocol address, previously or subsequently viewed web
page information, duration of each visit/session, internet device identity or media access control
address, Mobile Advertising ID and other device information including information regarding the
manufacturer, model, and operating system of the device you use to access our Application or
website.
- Whenever you use our Application or visit our website, certain information may also be collected
automatically using cookies. Cookies are small data files that are stored on your computer or mobile
device. We use cookies to track user activity with the aim of improving the user interface and
experience. Most mobile devices and internet browsers support the use of cookies; however you can
adjust the settings on your mobile device or internet browser to refuse certain types of cookies or
certain specific cookies. Your mobile device and/or browser also allows you to delete any cookies that
have been previously stored. However, it may affect the functions available on the Application or our
website.
- Whenever you use the Application via a mobile device, we will track and collect your geographic
location information in real time. In some cases, you will be asked or required to activate the Global
Positioning System (GPS) on your mobile device to make it easier to choose a location for delivery of
goods or shipping costs, and to enable us to provide you with a better experience using the
Application. You can always choose to disable the geo-location tracking information on your mobile
device temporarily. However, this can affect the functionalities available on our services.
Information Collected from third parties
We may also collect your Personal Information from third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us, who collect your Personal Information and/or perform functions on our behalf, or whom we collaborate with). In such cases, we will only collect your Personal Information for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be).
Information about third parties you provide to us
You may provide us with Personal Information relating to other third-party individuals (including Personal Information relating to your spouse, family members, friends, or other individuals). You will, of course, need their consent to do so – see “Acknowledgement and Consent”, below, for further information.
2. THE USE OF PERSONAL INFORMATION WHICH WE COLLECT
We may use Personal Information collected for any of the following purposes as well as for such other
purposes as are permitted by applicable law (“Purposes”):- to identify you and to register you as a user and to administer, verify, deactivate, or manage your
account as such;
- to facilitate or enable any verification that in our opinion is necessary before we register you as a user,
including the Know Your Customer (KYC) process;
- to process and facilitate orders and payment transactions that you make;
- to communicate with you and send you information in connection with the use of the Application;
- to notify you of any updates to the Application or changes to the services provided;
- to process and respond to inquiries and suggestions received from you;
- to maintain, develop, test, improve and personalize the Application to meet your needs and
preferences as a user;
- to monitor and analyze user activities, behavior, and demographic data including trends and usage of
the various services available on the Application;
- to offer or provide services from our affiliates or partners;
- to send you direct or targeted marketing communications, advertisement, vouchers, surveys, and
information on special offers or promotions;
- to undertake associated business processes and functions;
- to monitor the use of the Application and manage, support and improve the efficiency of the
performance, development, user experience and functions of the Application;
- to provide assistance in relation to and to resolve any technical difficulties or operational problems
with the Application or the services;
- to generate statistical information and analytics data for the purpose of testing, research, analysis,
product development, commercial partnership, and collaboration;
- to prevent, detect and investigate any prohibited, illegal, unauthorized or fraudulent activities;
- to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales)
involving us and/or any of our affiliates; and
- to enable us to comply with our obligations under any applicable law, including but not limited to
responding to regulatory enquiries, investigations or directives, complying with regulatory filing,
reporting, and licensing requirements, and conducting audit checks, due diligence and investigations.
3. SHARING OF PERSONAL DATA INFORMATION WHICH WE COLLECT
a. We may disclose to or share with affiliates and other parties your Personal Information for any of the
following purposes as well as for such other purposes as are permitted by applicable law: - where required or authorized by applicable law (including but not limited to responding to regulatory
enquiries, investigations or directives, or complying with regulatory filing, reporting, and licensing
requirements), for the purpose so specified in that applicable law;
- where instructed, requested, required or authorized by the government authorities, for the purpose as
specified in the government policy, regulations or applicable law;
- where there is any form of legal proceeding between you and us, or between you and another party, in
connection with, or relating to the services, for the purposes of that legal proceeding;
- in relation to any verification as we or other third party may consider necessary before the service
provider provide you with the services or we register you as a user, including for KYC and credit scoring;
- in an emergency concerning your safety for the purposes of dealing with that emergency;
- in a situation concerning your health or public interest (whether you are a user or a service provider),
we may share your Personal Information to the government authorities and/or other institutions that
may be appointed by the government authorities or have a cooperation with us, for the purposes of
contact tracing, supporting government initiatives, policies or programs, public safety and any other
purposes reasonably needed;
- in connection with, any merger, sale of company assets, consolidation or restructuring, financing or
acquisition of all or a portion of our business by or into another company, for the purposes of such a
transaction (even if the transaction is eventually not proceeded with);
- to third parties (including our agents, vendors, suppliers, contractors, partners and any others who
provide services to us or you, perform functions on our behalf, or whom we enter into commercial
collaboration with) for or in connection with the purposes for which such third parties are engaged, to
perform certain disclosure to the relevant third parties which are technically required to process your
transaction or for the purposes of our collaboration with such third parties (as the case may be), which
may include allowing such third parties to introduce or offer products or services to you, authenticate
you or connect with your account, or conducting other activities including marketing, research, analysis
and product development; and
- where we share Personal Information with affiliates, we will do so for the purpose of them helping us
to provide our services, to operate our business (including, where you have subscribed to our mailing
list, for direct marketing purposes), or for the purpose of them conducting data processing on our
behalf. For example, a Selly affiliate in another country may process and/or store your Personal
Information on behalf of the Selly group company in your country. All of our affiliates are committed to
processing the Personal Information that they receive from us in line with this Privacy Policy and
applicable law.
b. Where it is not necessary for the Personal Information to be associated with you, we will use reasonable
endeavors to remove the means by which the Personal Information can be associated with you as an
individual before disclosing or sharing such information.
c. We will not sell or lease your Personal Information.
d. Other than as provided for in this Privacy Policy, we may disclose or share your Personal Information if we notify you and we have obtained your consent for the disclosure or sharing.
4. RETENTION OF PERSONAL INFORMATION
a. Your Personal Information will only be held for as long as it is necessary to fulfil the purpose for which it was collected, or for as long as such retention is required or authorized by Applicable Law. We shall cease to retain Personal Information, or remove the means by which the Personal Information can be associated with you as an individual, as soon as it is reasonable to assume that the purpose for which that Personal Information was collected is no longer being served by retention of Personal Information and retention is no longer necessary for legal or business purposes.
b. Please note that there is still the possibility that some of your Personal Information might be retained by the other party, including by the government institutions in some manner. In the event we share your Personal Information to the authorized government institutions and/or other institutions that may be appointed by the government authorities or have a cooperation with us, you agree and acknowledge that the retention of your Personal Information by the relevant institutions will follow their respective policy on data retention. We shall not be liable for any such retention of your Personal Information. You agree to indemnify, defend and release us, our officers, directors, employees, agents, partners, suppliers, contractors and Affiliates from and against any and all claims, losses, liabilities, expenses, damages and costs (including but not limited to legal costs and expenses on a full indemnity basis) resulting directly or indirectly from any unauthorised retention of your Personal Information.
5. ACCESS AND CORRECTION OF PERSONAL INFORMATION
a. Subject to the applicable law, you may request us for access to and/or the correction of your Personal Information in our possession and control, by contacting us at the details provided below.
b. We reserve the right to refuse your requests for access to, or to correct, some or all of your Personal Information in our possession or control if permitted or required under any applicable law. This may include circumstances where the Personal Information may contain references to other individuals or where the request for access or request to correct is for reasons which we reasonably consider to be trivial, frivolous or vexatious.
6. CROSS BORDER DATA TRANSFER
a. The Personal Information we collect from you may be stored, transferred or processed by third party service providers. We will use all reasonable efforts to ensure that all such third party service providers provide a level of protection commensurate with our commitments under this Privacy Policy.
b. We will comply with the applicable laws and regulations and use all reasonable endeavors to ensure that our Affiliates abroad and all such third-party service providers provide a level of protection that is comparable to our commitments under this Privacy Policy.
7. SECURITY OF PERSONAL INFORMATION
The confidentiality of your Personal Information is of utmost importance to us. We will use our best efforts to protect and secure your data and Personal Information from unauthorized access, collection, use or disclosure and from unlawful processing, accidental loss, destruction and damage or similar risks. However, sending information over the internet is not completely secure. While we will do our best to protect your Personal Information, you acknowledge that we cannot guarantee the integrity and accuracy of any Personal Information you transmit over the Internet, or guarantee that such Personal Information will not be intercepted, accessed, disclosed, altered or destroyed by unauthorized third parties, due to factors beyond our control. You are responsible for maintaining the confidentiality of your account details, including your password with anyone and must always maintain and be responsible for the security of the device you are using.
8. CHANGES TO THIS PRIVACY POLICY
We may review and amend this Privacy Policy at our sole discretion from time to time, to ensure that it is consistent with our future developments, and/or changes in legal or regulatory requirements. If we decide to amend this Privacy Policy, we will notify you of any such amendments by means of a general notice published on the Application, or otherwise to your e-mail address set out in your account. You agree that it is your responsibility to review this Privacy Policy regularly for the latest information on our data processing and data protection practices, and that your continued use of the Application, communications with us, or access to and use of the services following any amendments to this Privacy Policy will constitute your acceptance to this Privacy Policy and all of its amendments.
9. ACKNOWLEDGEMENT AND CONSENT
1. By accepting the Privacy Policy, you acknowledge that you have read and understood this Privacy Policy and you accept all of its terms. In particular, you agree and consent to us collecting, using, sharing, disclosing, storing, transferring, or otherwise processing your Personal Information in accordance with this Privacy Policy.
2. In circumstances where you provide us with Personal Information relating to other individuals (such as Personal Information relating to your spouse, family members, friends, or other parties), you represent and warrant that you have obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, use, disclosure and processing of his/her Personal Information by us.
3. You may withdraw your consent to any or all collection, use or disclosure of your Personal Information at any time by giving us reasonable notice in writing using the contact details stated below. You may also withdraw your consent for us to send you certain communications and information via any “opt-out” or “unsubscribe” facility contained in our messages to you. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the Application or services. A withdrawal of consent by you may result in the termination of your account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, use or disclosure of your Personal Information, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.
10. MARKETING AND PROMOTIONAL MATERIAL
We and our partners may send you direct marketing, advertising and promotional communications via push-notification Apps, messages via the App, post, telephone calls, short message services (SMS), WhatsApp, social media and email WhatsApp, social media and email (“Marketing Materials”) if you have agreed to subscribe to our mailing list, and/or agree to receive marketing and promotional materials from us. You may opt-out of receiving such marketing communications at any time by clicking on the “unsubscribe” option in the relevant message, or contacting us via
the contact details listed below. Please note that if you choose to opt out, we may still send you non-promotional messages, such as receipts or information about your account.