Last updated: June 1, 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Labalaba Digital Agency Marketing, Bogor, West Java, Indonesia.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to Labalaba Digital Marketing, accessible from https://labalaba.id/
- Service refers to the Website.
- Country refers to: Indonesia
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Privacy Rights in Indonesia
The right to privacy is not explicitly stated in the 1945 Constitution of the Republic of Indonesia. However, implicitly the right to privacy is contained in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia as follows:
“Every person has the right to protect themselves, family, honor, dignity and property under his authority, and is entitled to a sense of security and protection from the threat of fear to do or not do something that is a human right”.
In the Constitutional Court Decision Number 50 / PUU-VI / 2008 concerning Case Testing of Law Number 11 Year 2008 concerning Information and Electronic Transactions, the Constitutional Court provided translation of Article 12 of the UDHR and Article 17 of the ICCPR. In the translation, the word “privacy” is translated as “personal matters / personal matters” as stated in Article 28G of the 1945 Constitution of the Republic of Indonesia as follows: Article 12 UDHR:
“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Translation of MK Decision: 33
“No one may be disturbed by his personal affairs, his family, his household, or his correspondence, arbitrarily, nor may he violate his honor and his good name. Every person has the right to get legal protection against such disturbances or violations. ”
The conditions read as follows:
“Basically, information owned by a person is a personal right that must be protected so that wiretapping must be prohibited” Article 40 of Law Number 36 Year 1999 concerning Telecommunications
In general, the concept of protecting personal data is considered as part of the protection of privacy, which is a specific concept of privacy itself, where privacy is a fundamental human right, and data protection is one way to protect privacy itself.
However, in some circumstances, these provisions can be distorted so that wiretapping actions are allowed as regulated in Article 42 paragraph (2) letter b of Law Number 36 Year 1999 concerning Telecommunications which states, “for the purposes of criminal justice processes, telecommunications service providers can record information sent and / or received by telecommunications service providers and can provide information needed at the request of investigators for certain criminal acts in accordance with applicable Laws. ”
Protection of Privacy and Personal Data of the Indonesian Community
Constitutionally, the State protects the privacy and data of the population. Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia (“1945 Constitution”) reads:
“Everyone has the right to protect themselves, family, honor, dignity, and property under his authority, and is entitled to a sense of security and protection from the threat of fear to do or not do something that is a human right.”
In line with Article 28G paragraph (1) of the 1945 Constitution, Article 2 of the Adminduk Law stipulates that:
Every resident has the right to obtain:
the same service in Population Registration and Civil Registration;
- protection of Personal Data;
- legal certainty over document ownership;
- information regarding data on the results of Population Registration and Civil Registration of himself and / or his family; and
- compensation and restoration of good name as a result of errors in Population Registration and Civil Registration as well as misuse of Personal Data by Implementing Agencies.
Government Regulation Number 40 Year 2019 concerning Implementation of Law Number 23 Year 2006 concerning Population Administration As Amended by Law Number 24 Year 2013 concerning Amendment to Law Number 23 Year 2006 concerning Population Administration (“PP 40/2019”) is the implementing regulation of the Adminduk Law and its amendments. Article 58 paragraph (1) PP 40/2019 reads:
Indonesian ministries / institutions and legal entities that obtain Population Personal Data or Population Data are prohibited from:
- use Population Personal Data or Population Data beyond its authority; or
- make Population Personal Data or Population Data as material for public information before obtaining approval from the Minister.
Violations of this provision are subject to administrative sanctions in the form of revocation of user access rights, destruction of data that has been accessed, and administrative fines of Rp10 billion.
As for Law Number 14 of 2008 concerning Openness of Public Information (“Law 14/2008”) it is regulated that every public body is obliged to open access for every applicant for public information to obtain public information, except for public information which if opened and provided to the requesting information The public can reveal personal secrets, namely:
- history and condition of family members
- history, condition and treatment, physical and psychological health care of a person;
- financial condition, assets, income and bank account of a person;
- evaluation results related to one’s capability, intellect, and ability recommendations; and / or
- records relating to the person of a person relating to the activities of the formal education unit and non-formal education unit.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.