Moka's Privacy Notice

The following Privacy Notice describes how we, Moka (PT Moka Teknologi Indonesia and/or its affiliates, “We”, “Us” or “Our”) obtain, collect, store, control, use, process, analyse, correct, update, display, publish, transfer, disclose, and protect ("Processing” or “Process” or “Processed”) your personal data ("Personal Data"). This Privacy Notice applies to all users (“You or “User”) that utilise our dashboard, application, website http://www.mokapos.com, https://backoffice.mokapos.com, http://mygostore.com, and its associated sites and microsites accessed through the aforementioned website (each a “Platform“ and collectively the “Platforms“).

Please read this Privacy Notice thoroughly to ensure that You understand our personal data protection practices. Unless otherwise defined, all capitalized terms used in this Privacy Notice shall have the same meaning ascribed to them in the Terms of Use.

This Privacy Notice includes the following matters:

Changes From The Previous Version

Privacy Statement And Personal Data Which We Collect

Protecting your privacy is very important to Moka. We value your privacy and we are committed to the protection of personal information which you may provide. We collect any data, whether accurate or not, pertaining to any identified or identifiable individual, both individually or collectively with other information, directly or indirectly through electronic or non-electronic systems, in accordance with applicable laws (“Personal Data”). For the avoidance of doubt, applicable laws means any laws and policies that regulate the protection of Personal Data, applicable to Us, and in force from time to time during the term of this Privacy Notice (“Applicable Laws”). The Personal Data which We collect may be provided by You directly or by third parties (for example: when You register or use the Platforms, when You contact Our customer services, or You otherwise provide Personal Data to Us). We may collect information in various forms and purposes (including purposes permitted under Applicable Laws).

To the extent permitted by Applicable Laws, We may Process different kinds of Personal Data, consist of general and specific/sensitive Personal Data about You which We have grouped together as follows:

- Identity Data includes name, username, identity card, taxpayer identification number.

- Contact Data includes billing address(es), email address(es), and phone numbers.

- Transaction Data includes purchases or orders.

- Financial Data includes details of bank accounts and payment cards such as the type of card or payment account used.

- Payment Data includes details of payments or transfers made on Our Platform.

- Technical Data includes IP addresses, viewed pages, session durations, device IDs, and operating system details.

As part of the services We provide, Our Platforms may enable You to Process Personal Data of Your own customers, employees or other individuals. The categories of Personal Data collected and processed through Our Platforms are determined by You. In relation to such Personal Data, We generally act solely on Your documented instructions. You are responsible for ensuring that You have obtained any necessary consents, authorizations, or other legal basis required under Applicable Laws.

We may create, use, license or disclose Aggregated Data such as statistical or demographic data for any purpose. This data is not considered Personal Data as this data will not directly or indirectly reveal Your identity. We achieve this by removing all personal identifiers and combining your information into large datasets so that your individual identity is never revealed.

Data obtained from you directly

Data collected during the visit or use of our Platforms

Data collected from third parties

We may also collect Your Personal Data from third parties (including Our agents, vendors, suppliers, contractors, partners and any others who provide services to Us, who collect Your Personal Data and/or perform functions on Our behalf, or whom We collaborate with). In such cases, We will only collect Personal Data 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).

Data about third parties you provide to us

You may provide us with Personal Data relating to other third-party individuals (including Personal Data relating to Your customers, employees or other individuals). You will, of course, need their consent to do so. Please refer to “Acknowledgement and Consent” below for further information.

The Use Of Personal Data Which We Collect

We may use Your Personal Data for the following purposes, and for any other purposes permitted by Applicable Laws (“Purposes”):

- To verify Your identity, create and manage Your account, and provide access to Our services;

- To conduct verification, due diligence, Know Your Customer (KYC), and Know Your Business (KYB) checks where required;

- To provide, operate, process, and improve Our services, including facilitating transactions and payments;

- To communicate with You regarding Your account, transactions, service updates, support requests, and other service-related matters;

- To respond to Your enquiries, feedback, and requests;

- To personalize, maintain, develop, test, and enhance Our platforms, products, and services;

- To monitor, analyse, and understand how Our services are used, including for analytics, research, and product development;

- To offer products, services, promotions, surveys, and marketing communications from Us, Our affiliates, or business partners, where permitted by law;

- To conduct risk analysis to prevent, detect, investigate, and address fraud, security incidents, illegal activities, and violations of Our policies;

- To support Our business operations, including audits, reporting, risk management, business transfers, mergers, acquisitions, or other corporate transactions;

- To comply with applicable laws, regulations, legal processes, regulatory requirements, and requests from competent authorities.

Sharing Of Personal Data Data Which We Collect

A. We may disclose Your Personal Data to or share with affiliates and other parties for any of the following purposes as well as for such other purposes as are permitted by Applicable Laws:

- where required or authorised by Applicable lLaws (including but not limited to responding to regulatory enquiries, investigations or directives, or complying with regulatory filing, reporting, and licensing requirements);

- where instructed, requested, required or authorised by the government authorities and/or institutions authorized by the government, for the purpose as specified in the government policy, regulations or Applicable Laws;

- 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;

- in an emergency concerning your personal safety;

- 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-party partners and vendors 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, performing KYC and/or credit scoring on you, or conducting other activities including marketing, research, analysis and product development; and

- where We share Personal Data 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 Moka affiliate in another country may Process your Personal Data. All of Our affiliates are committed to Processing the Personal Data that they receive from Us in line with this Privacy Notice and Applicable Laws.

B. Where it is not necessary for the Personal Data to be associated with You, We will use reasonable endeavours to remove the means by which the Personal Data can be associated with You as an individual before disclosing or sharing such information.

C. We will not sell or lease your Personal Data.

D. Other than as provided for in this Privacy Notice, We may disclose or share Your Personal Data if We notify You and We have obtained Your consent for the disclosure or sharing.

Retention Of Personal Data

a. We retain your Personal Data only for as long as necessary to fulfil the purposes for which it was collected, including to provide Our services, comply with legal and regulatory obligations, resolve disputes, enforce Our agreements, and protect Our legitimate business interests.

b. When your Personal Data is no longer required for these purposes, We will delete, destroy, anonymise, or securely dispose of it in accordance with our internal retention policies and Applicable Laws, unless a longer retention period is required or permitted by Applicable Laws.

c. In certain circumstances, We may disclose Your Personal Data to authorised government authorities, regulators, law enforcement agencies, courts, or other third parties where required or permitted by Applicable Laws. Where such parties receive and process Your Personal Data as independent controllers or pursuant to their own legal authority, the retention and processing of Your Personal Data will be subject to their respective privacy notices, policies, and legal obligations. While We take reasonable steps to ensure that disclosures are made in accordance with Applicable Laws, We are not responsible for the retention, processing, or handling of Personal Data by such third parties beyond Our control.

Rights Over Your Personal Data

a. You have certain rights under Applicable Laws to Your Personal Data in Our control, that can be exercised by contacting Us at the details provided below.

b. In particular, if You wish to delete Your account, You may do so by submitting an account deletion request through this website or in the menu available within the MOKA POS Android app.

c. We may refuse Your requests if permitted or required under Applicable Laws. Reasons for refusals include requests that are deemed irrelevant, or frivolous, or related to legal violations or breaches of the terms of use.

How to Request Deletion of Your Moka Account

If You wish to delete Your Moka account, You may do so by submitting an account deletion request through this website or in the menu available within the MOKA POS Android app.

Cross Border Data Transfer

a. Your Personal Data may also be Processed outside of Your country by Our personnel who work for Us in other countries, or by Our third-party service providers, vendors, suppliers, partners, contractors or Affiliates.

b. We will comply with the Applicable Laws and regulations and use all reasonable endeavors to ensure that Our Affiliates and all such third-party service providers provide a level of protection that is comparable to our commitments under this Privacy Notice.

c. You understand and consent to the transfer of Your Personal Data out of Your home country and/or its origin country as described in this Privacy Notice.

Security Of Personal Data

We will use all reasonable efforts to protect and secure your Personal Data against unauthorized access, accidental loss, damage or similar risks. However, no internet transmission is entirely secure and We cannot fully guarantee that any Personal Data will not be accessed by unauthorized third parties due to factors beyond Our control. You are responsible for the security of Your device and keeping your account details confidential, including not to share Your password and One Time Password (OTP) with anyone.

Changes To This Privacy Notice

We may review and amend this Privacy Notice 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 Notice, We will notify You of any such amendments by means of a general notice published on the Platforms, or otherwise to Your e-mail address set out in Your account. You agree that it is your responsibility to review this Privacy Notice regularly for the latest information on Our data processing and data protection practices, and that Your continued use of the Platforms, communications with Us, or access to and use of the services following any amendments to this Privacy Notice will constitute as Your acceptance to this Privacy Notice and all of its amendments.

Acknowledgement And Consent

a. By accepting the Privacy Notice, you acknowledge that you have read and understood, and consent to Us to Process Your Personal Data in accordance with this Privacy Notice.

b. If You provide Us with Personal Data of other individuals (such as Personal Data of Your spouse, family members, friends, or other parties), You warrant that You have obtained their consent for Us to Process. We may request the evidence from You at any time.

c. You may withdraw Your consent to any or all Processing of Your Personal Data by providing Us reasonable written notice through Our contact details. For marketing communications, You can use the “opt-out” or “unsubscribe” facility contained in Our messages to You. Please note that withdrawing consent may result in Us being unable to provide services, 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 request, We will inform you of the consequences so You can decide if You wish to proceed.

Marketing And Promotional Material

We and Our partners may send You direct marketing, advertisement, and promotional communications, post, telephone call, short message service (SMS), WhatsApp, social media, and e-mail (“Marketing Materials”) if You have agreed to subscribe to Our mailing list, and/or consented to receive marketing and promotional materials from Us. You may opt out from receiving such marketing communications at any time by clicking on any “unsubscribe” facility embedded in the relevant message, or otherwise contacting Us using the contact details stated below. Please note that if You opt out, We may still send You non-promotional messages, such as receipts or information about Your account.

Anonymous Data

We may create, use, license or disclose Personal Data, provided, (i) that all identifiers have been removed such that the data, alone or in combination with other available data, cannot be attributed to or associated with or cannot identify any person, and (ii) that has been combined with similar data such that the original data forms a part of a larger data set.

Third Party Platforms

Our Platforms, including its advertisements, and Marketing Materials may link to third-party websites we do not control. Moka is not liable for their content, accuracy, or data practices. By accessing these links, You are subject to their terms and privacy notices. We recommend You to read them to understand how Your data is used.

Severability

If any term or provision of this Privacy Notice shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

Contact Us

For any questions, concerns or clarifications about our Privacy Notice or wish to exercise your rights with regard to your data, we may be contacted through the customer support system at 1500970. In particular, should You wish to exercise Your right to request for account deletion, You may do so through this website or in the menu available within the MOKA POS Android app.