as of May 2021
1. Privacy statement and Personal Information which we collect
2. The use of Personal Information which we collect
3. Sharing of Personal Information which we collect
4. Retention of Personal Information
5. Access and correction of Personal Information
6. Cross Border Data Transfer
7. Security of your Personal Information
9. Acknowledgment and consent
10. Marketing and promotional material
11. Anonymous Data
12. Third party platforms
14. How to contact us
Privacy Statement And Personal Information 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 information which identifies or can be used to identify, contact, or locate the person or device to whom that information pertains (“Personal Information”). Personal Information includes, but not limited to name, address, phone number, e-mail address, bank account details, identification (including KTP, SIM, or Passport) or other government issued identifier, nationality, financial related information. Additionally, to the extent other information, including a personal profile, and/or unique identifier, is associated or combined with Personal Information, then that information is also Personal Information. The Personal Information 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 Information to us). We may collect information in various forms and purposes (including purposes permitted under applicable law).
Information obtained from you or from your mobile device directly
When you register and create an account with us using the Platforms you have to provide certain Personal Information, including your name, physical address, e-mail address and your phone number.
Information collected whenever you use our Platforms or visit our Website
- Whenever you use our Platforms, we may collect certain technical data concerning your usage such as, internet protocol (IP) address, information as web pages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID) or media access control address, mobile advertising ID and other device information including information regarding the manufacturer, model and operating system of the device that you use to access our Platforms.
- Whenever you use the Platforms through your mobile device, we will track and collect your geo-location information in real-time. In some cases, you will be prompted or required to activate the Global Positioning System (GPS) on your mobile device to enable us to give you a better experience in using the Platforms. 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.
- When you are using our Platforms, we may collect certain information related to your utilization including but not limited to service and/or goods transacted, amount you collect from every transaction, withdrawal or settlement account details and withdrawal or settlement history.
- If you utilize and/or when a payment is made through the payment card or account you add in the Platforms, we may collect certain information related to the transaction history including receiver details, bill details, invoice details, and phone number details.
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.
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 as we may in our discretion consider necessary before the service provider provide you with the services or before we register you as a user, including performing Know Your Customer (KYC) or Know You Business (KYB) and credit scoring;
- to enable service providers to provide you with such of the services as you have requested;
- to process and facilitate orders and payment transactions made by you, including where applicable, transactions made through any payment card or account available over the Platforms;
- to notify you of any transaction or activities occurred within the Platforms or other system linked to our Platforms;
- to communicate with you and to send you information in connection with the use of the Platforms or when you request for digital receipt;
- to notify you of any updates to the Platforms or changes to the services available;
- to process and respond to enquiries and feedback received from you;
- to maintain, develop, test, enhance and personalize the Platforms to meet your needs and preferences as a user;
- to monitor and analyse user activities, behaviour, and demographic data including trends and usage of the various services available on the Platforms;
- 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 provide assistance in relation to and to resolve any technical difficulties or operational problems with the Platforms 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.
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 authorised 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 authorised 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
B. Where it is not necessary for the Personal Information to be associated with you, we will use reasonable endeavours 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.
Retention Of Personal Information
A. Your Personal Information will only be held for as long as it is necessary to fulfill the purpose for which it was collected, or for as long as such retention is required or authorised 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 authorised 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.
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
Cross Border Data Transfer
A. Your Personal Information may also be stored or 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.
Security Of Personal Information
We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use or disclosure by unauthorised persons and against unlawful processing, accidental loss, destruction and damage or similar risks. However, due to the open nature of the Internet, we do not guarantee any unauthorized access by third parties and you are aware of this kind of situation. In the event that such information is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and where appropriate, notify the individual whose information may have been compromised and take other steps in accordance with the applicable laws or regulations. To the fullest extent permitted by law, we are not responsible and liable for any direct, indirect, consequential, or punitive damages, loss, and/or claims, that you may suffer due to any loss, unauthorized access, misuse, or alteration of any information you submit to a Site. You are responsible for keeping your account details confidential and you must not share your account details, and all other activities that occur under the said account, including your password and One Time Password (OTP), with anyone and you must always maintain and fully responsible for the security of the device that you use. You agree to immediately notify us of any unauthorized use or disclosure of your account or password, any unauthorized activities under your account or any other breach of security. We will not be liable for any loss that you may incur as a result of a third party’s use of your account or password, either with or without your knowledge, without fault or negligence on the part of us.
Acknowledgement And Consent
B. 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.
C. 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 Platforms 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.
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 ride receipts or information about your account.
We may create, use, license or disclose Personal Information, provided, however, (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
A. The Platforms and Marketing Materials may contain links to websites that are operated by third parties. We do not control nor accept liability or responsibility for these websites and for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. The linked site or content is not under our control and Moka is not responsible for any errors, omissions, delays, defamation, libel, lies, pornography, obscene content, inaccuracies or other material contained in the content, or consequences of accessing any related website. Please consult the terms and conditions and privacy policies of those third-party websites to find out how they collect and use your Personal Information.