Privacy Policy

Privacy Policy

Itemku’s Privacy Policy is an explanation on the personal data and information of itemku users, including:

1. A. Introduction
2. B. Applicable Law and Regulations
3. C. Data Acquisition and Protection
4. D. Data Usage, Storage, Utilization and Processing
5. E. Data Storage
6. F. Data Deletion
7. G. Cookies
8. H. Intellectual Property Rights
9. I. Changes in the Privacy Policy
10. J. itemku Contact
11. K. Effective Date

A. INTRODUCTION

Any references to itemku in this Privacy Policy could mean PT Five Jack, PT Five Jack’s affiliates, group companies, and PT Five Jack’s subsidiaries, including PT Five Jack Representatives, i.e. itemku’s financial, insurance, legal, accounting or other advisor who provides any professional services to itemku, and any third parties associated with PT Five Jack, i.e. partners, vendors and subcontractors.

This Privacy Policy shall constitute an inseparable and an integral part of the itemku Terms of Use(https://itemku.com/en/terms-of-service). The Capitalized terms used in this Privacy Policy shall have the same meanings as ascribed to them in itemku’s Terms of Use. itemku shall have the right from time to time to keep this Privacy Policy remain relevant and adapted to the changing technology, applicable laws, evolving business practices and the requirement of itemku users.

In the event of any changes made to this Privacy Policy, itemku shall provide a statement “Last Updated Date”. itemku urges itemku User to periodically review this Privacy Policy in order for them to keep informed on how itemku manages your personal data and information. By using the Service, the User shall be deemed to have explicitly accepted the Privacy Policy and by continuing to use the Service after the Privacy Policy, the User shall be deemed to have read, understood and agreed to the updated Privacy Policy.

THIS PRIVACY POLICY CONSTITUTES A FORM OF AGREEMENT WHICH SHALL CONSTITUTE A BINDING AGREEMENT BETWEEN THE USER AND ITEMKU. THE USER KNOWINGLY AND VOLUNTARILY ACCEPT THESE TERMS TO USE THE SERVICE ON THE ITEMKU PLATFORM.

B. APPLICABLE LAWS AND REGULATIONS

itemku is subject to all applicable laws and regulations and government policies of the Republic of Indonesia, including those governing electronic information and transactions, electronic system administration, and protection of Users’ personal data; including all implementing regulations and amendments to these regulations which regulate and protect the use of Users’ important data and information.

D. DATA USAGE, STORAGE, UTILIZATION AND PROCESSING

1. itemku will collect, use, store, utilize, process, analyze, transmit and disclose any User personal data for the following purposes and any other purposes permitted by the applicable law and regulations:
   1. Service Process and Product Transactions.For the purposes of, among other things,
      1. receiving, processing and verifying the selection, ordering, purchasing, payment, return, transfer, exchange of Products,
      2. know-your-customer (“KYC”) purposes, processing
      3. internal data
      4. communicating with Users regarding orders, data verification, products and services, as well as promotional offers,
      5. monitoring and knowing User transaction patterns,
      6. billing, activation, provision, maintenance, support, troubleshooting, deactivation, replacement, upgrade or renewal of Services
      7. administrative purposes
      8. processing any forms of User activities including but not limited to processing transactions, verifying payments, delivering products, using services,
      9. dealing with or responding to any inquiries from the User,
      10. using bank name information including the name and account number to ensure the payment/receipt by the User,
      11. complying with or giving effect to any notice which shall apply to the Service.
   2. To Provide, resolve any issues and improve itemku Services.
      1. itemku uses the User Personal Data toprovide functionality, analyze the performance, correct any errors, and improve the usability and effectiveness of the Service,
      2. to ensure that the Service is capable for its intended operation technically and to identify and resolve any issues.
   3. Recommendations and personalization.itemku uses the User Personal Data to recommend features, products and services that may be of interest to the User, to better understand, analyze and predict User preferences and interests, to combine such information with any other information in order to customize the User experience, and personalize the User’s experience with the Service.
   4. To provide image and camera services.When Users use User’s image and camera services, itemku uses images, videos and any other personal data to respond to User requests, to provide requested services to Users, and to improve itemku services.
   5. Comply with legal obligations.In certain cases, itemku collects and uses the User Personal Data to comply with laws, regulations and respond to any emergency situations. For example
      1. itemku collects from Users any bank account information for identity verification and other purposes,
      2. to respond to a court order, subpoena or lawful request or legal process or other enforcement,
      3. official requests or orders from authorized authorities, officials or institutions based on the relevant applicable statutory provisions, including but not limited to disputes, inquiries, investigations, proceedings and dispute resolution processes between itemku and the Users, User and other Users, and Users with any other parties and other illegal activities,
      4. requests from banking institutions, financial institutions or authorized non-financial institutions, and/or third parties based on any official request and applicable statutory provisions,
      5. to provide emergency assistance, emergencies, in case where it could beharmful to the life, health or physical safety of the User or others.
   6. Communication with Users.itemku uses the User Personal Data to communicate with User relating to the Services via different channels (for example, by telephone, email, chat).
   7. Advertising, promotion and personalization.
      1. itemku uses the User Personal Data to display or for promotional activities and interest-based advertising for features, products and services that may be of interest to the User including but not limited to advertising identifiers, including those provided by other software platforms, or similar identifiers, to facilitate itemku in conducting analysis or providing promotional content or other information that may be relevant and of interest to the User,
      2. to facilitate User access and use of Services and/or third party offers;
      3. to send subscription offer, message, news and posts under the Service on behalf of itemku.
   8. Prevention of fraud and money laundering and credit risk.itemku uses the User Personal Data to prevent and detect any fraud as well as money laundering and any abuse to protect the security of Users, itemku and others. itemku may also use scoring methods to assess and manage any credit risk.
   9. Developing Services.itemku uses the User Personal Data to develop new services and improve the existing Services and to provide Users with any information about third party content or related products, services and software including to communicate with Users about the various means they use, for example to provide or send to the User:
      1. upgrade or update, or notification of upgrade or update to the Services or third party content or related products, services and software;
      2. notification of upcoming promotion, contest, offer and events;
      3. personal information, survey, marketing material, advertising or customized content. Also for the purposes of detecting, monitoring, investigating, mitigating or preventing any fraud and technical or security issues or to protect the itemku’s property;
      4. enable business continuity and disaster recovery operations;
      5. obtain legal services, to seek legal advice and/or to enforce the legal rights of itemku or the legal rights of other members of itemku; (iv) for statistical purposes;
      6. business development, products, quality and services including promotional activities, studies, research and collaboration with other third parties.
   10. If necessary for a clear purpose in the interests of the User and the User Consent cannot be obtained in a timely manner.
   11. Any other purposes communicated from time to time by itemku to the User, and as necessary, permitted or required by applicable law and regulations.
2. itemku may collaborate with any companies and other third parties who facilitate or provide assistance in developing certain services for and/or on behalf of itemku, including:
   1. to provide User assistance;
   2. to perform any services related to the Platform (including but not limited to maintenance service, database management, analysis and improvement of Platform features
   3. to assist itemku in analyzing how the Platform Services are used and how they are developed)
   4. to assist itemku’s professional advisors and external auditors, including legal, financial advisors and consultants. These third parties shall only have access to User Data to perform these tasks for and/or on behalf of itemku and contractually bound not to disclose or use such Personal Information for any other purpose.
3. In disclosing any information, itemku may disclose some User Data so that the information will not identify the User entirely (aggregate data/anonymous data) as it may be designated to any third parties to be used for Platform development, database management, analysis or improvement of Services, promotion and advertising.
4. itemku may also combine User Data with any other information in such a manner that the information is no longer associated with the User, then disclose the combined information to any third parties, for the purposes as referred to in point 3.
5. For the purposes of developing, improving, perfecting, protecting and maintaining the Platform products and/or Services, itemku may at any time be required to process, utilize, display, disclose, publish, send, transfer and/or disseminate Personal Data to any third parties. For the avoidance of doubt, the third parties referred to in this paragraph may be, including but not limited to:
   1. Any Third Party within itemku’s group of companies, subsidiaries, affiliates, partners, partners and vendors for or in connection with purposes related to providing Platform, business management, provision of Services, data management and other activities;
   2. The interests of itemku, itemku’s affiliates, group companies and subsidiaries, for business development, products, quality and services including promotional activities, study, research and itemku’s collaboration with other third parties;
   3. itemku’s interests in fulfilling the purpose of any transaction, including in the case of the sale of all or any part of itemku’s assets including any purchase, sale, lease, merger or amalgamation or acquisition, disposal or financing of itemku, itemku’s affiliates, subsidiaries and group companies;
   4. The Third Party if there is a corporate transaction, such as: establishment of a joint venture, restructuring, reorganization, sale of a subsidiary or division, merger, acquisition, consolidation, taking of possession, sale of assets, or liquidation;
   5. The Third Party in relation to any service providers employed by itemku to perform any functions on behalf of itemku. The examples include deleting any repetitive information from User lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, delivering content, scoring, assessing and managing credit risk, and providing User services, if applicable. These third party service providers shall have access to Personal Data necessary to perform their functions, but may not use it for any other purposes;
   6. Any other Third Party (including agent, vendor, supplier, contractor, third party who provide services to itemku or the User performs any tasks on behalf of itemku who enters into a commercial collaboration with itemku) for or in relation to itemku purposes involving such third parties or itemku collaboration purposes with any third parties (as the case may be), which may include allowing such third party to introduce or offer products or services to the User or to conduct any other activities including marketing, research, analysis and development (as the case may be) of such third party products.
6. In connection with the implementation of widgets or content within the application and/or the itemku’s Platform, itemku hereby declares that such third party shall and may transfer, submit and/or provide User Personal Data to any other parties in collaboration with the (relevant) third parties. In this case, any other parties receiving any User Personal Data shall be subject to such obligations related to the transmission and use of the same data which shall apply to itemku third parties.
7. itemku shall have the right to keep User personal data and information to fulfill the purposes of the Service, the purposes of this Privacy Policy, the purposes of applicable laws and regulations, including processing, transferring, and/or keeping Users data and information, both within the Republic Indonesia and outside the Republic of Indonesia by taking into account any regulations, including laws and privacy policy in the country where the User data and information shall be processed, transferred and/or stored.
8. itemku strives to protect the security of User Personal Data during transmission by using encryption protocols and software and itemku ensures that the Personal Data collected and/or obtained by itemku will be stored safely in accordance with applicable law and regulations. The User understands and agrees that itemku will maintain physical, electronic and procedural safeguards with regard to the collection, storage and disclosure of User Personal Data. The User agrees that itemku will retain Personal Data as long as necessary to fulfill the purposes described in this Privacy Policy.
9. The Platform may contain links to any third party sites. itemku shall not be responsible for the acquisition, collection, processing, analysis, use, storage, display, announcement, transmission, dissemination, deletion and destruction of User Personal Data by such third party. If the User provides information directly to the site, the privacy policy and terms of service on such site will apply, hence all consequences of such actions shall be the full responsibility of the User.
10. itemku, its affiliates, group companies and subsidiaries, including itemku representatives, and any third parties in collaboration with itemku, in providing the Service have the right to utilize and process User personal data and information to fulfill the purposes of the Service, the purpose of this Privacy Policy, regulatory purposes of the applicable law and regulations. The use and processing of this data shall be covered by an agreement and contain a confidentiality clause binding on the parties. In this case, including itemku representatives. 11. itemku may transfer the User Personal Data information to an affiliate platform or itemku service providers or to third party recipients. Therefore, by accepting this Privacy Policy, the User also gives consent to the transfer of Personal Data information to an affiliate platform or itemku service providers or to any third party data recipients for the development of technical, commercial and other services. Wherever User Personal Data information is transferred, stored or processed by itemku or an affiliated platform or third party, or other parties providing itemku services, itemku shall take reasonable steps to protect the privacy of User Personal Data Information.

E. DATA STORAGE

Any User data and information on the Platform shall be stored as long as it is still used for its intended purposes as set forth in this Privacy Policy and as required by the applicable laws. itemku will stop storing User data and information immediately if it deems that the data it has collected has no longer complied with the purpose of data collection, storage or the data is no longer necessary, not permitted to be stored or required to be deleted by applicable law.

F. DATA DELETION

1. For various information on the latest promotional and exclusive offers, the User may: a. unsubscribe if not willing to receive this information by clicking the “unsubscribe” link via e-mail sent by itemku to the User; or b. adjust the “Promo” notification in the itemku application.
2. The User may withdraw the User Consent to the use of the User’s personal data and information, including stopping the use, accessing the Service, and/or closing the account by taking into account the provisions of any applicable law and regulations (including retention provisions required by applicable laws). The User hereby declares that the User understands the consequences of withdrawing such User Consent, including but not limited to no longer being able to enjoy the Service.
3. Subject to the applicable law and regulations, the User may request for data deletion on itemku via itemku Customer Service by attaching: 3.1 a data deletion request form provided by itemku; 3.2 any personal documents (IDENTITY CARD/DRIVING LICENSE/PASSPORT) according to his/her personal identity on the Itemku Account page; and 3.3 a reason for deletion request.
4. The User shall first read and accept the Terms and Conditions for Account Deletion.
5. itemku agrees to delete any data submitted by the User if they have fulfilled the conditions set forth in point 3 above and have exercised their rights and obligations in itemku within a reasonable time.
6. itemku at the User’s request may collect User data and information to make it anonymous.
7. itemku shall have the right to continue to store User data for the retention period specified by itemku in the itemku system in accordance with legislation.
8. itemku shall have the right to refuse User requests to access and/or change or delete User Personal Data for any reasons justified by the applicable law and regulations.
9. Data deletion and data storage shall be carried out by itemku in accordance with the provisions of the applicable law and regulations.

G. ITEMKU LIMIT OF LIABILITY

1. The User shall be responsible for the security and mitigation for any violations of their itemku Account, such as keep confidential any User Personal Data, implementing appropriate security, limiting the access, creating a strong password and/or PIN (personal identification numbers), protecting passwords and /or PIN the User may create and use to access the User Personal Data wherever the User stores Personal Data, maintaining a one time password (“OTP”).
2. The User shall be responsible for all misuse of passwords and/or PIN (whether committed by Users and/or third parties) or misuse of the Platform created and used by Users or third parties who obtain any words on the Platform and/or third party platforms affiliated with the User to access the User Personal Data including Account, password and/or PIN to access or log in to the User’s application by a party other than the User and such misuse shall not be at the responsibility of itemku.
3. The User shall immediately notify itemku if the User has a reason to believe that the password and/or PIN to itemku Platform and/or third party platforms affiliated with itemku to access the Platform is being misused by any other unauthorized parties.
4. itemku is not responsible for the exchange and provision of User data and personal information carried out by the User, including between co-Users. Included in these provisions are any User errors that result in User data leakage.
5. itemku shall be responsible for the itemku Platform, including the protection and security of any confidential personal data, including to notify Users in the event of a failure to protect personal data by e-mail to any Users registered on the itemku’s Platform and to report to the relevant enforcement officials or authorities. In the event of a data leakage, the party responsible for informing the User of such failures in data protection shall be the party or institution where the data is processed under this Privacy Policy.
6. itemku is not responsible for any authenticity, correctness, accuracy, completeness of any personal data entered by Users into the itemku’s Platform.
7. By giving a User Consent, the User hereby waives their rights to any claim, loss, demand and lawsuit it may gave against the acquisition, storage, use, utilization and/or disclosure of data, including personal data, on the itemku’s Platform.
8. In the event that the User is a minor, itemku is not responsible for entering such User personal data and recommends that the child’s parents/guardians shall monitor such child’s internet use, so that the User personal data shall be provided and/or under his/her parent/guardian control as an authorized party.
9. itemku cannot be held responsible for data leakage resulting from a cause beyond itemku’s ability or control (Force Majeure). Force Majeure means including but not limited to, among others,
   1. any mass work strike, winding-up, and other industrial actions;
   2. riot, demonstrations, invasion, seizure of power, sabotage, embargoe, drastic political/economic changes, terrorist attacks or threats, war (whether or not declared) or any threats of war preparations;
   3. earthquake, whirlwind, landslide, flood, fire, explosion, storm, other natural disasters, outbreaks of an epidemic or pandemic nature whether or not confirmed by a statement from the competent authority in that case, as well as the enactment of any new statutory regulations directly or indirectly affecting the implementation of this Privacy Policy resulting in the inability to perform any party’s obligation under this Privacy Policy;
   4. unavailability or disruption of the use of goods delivery networks (including transportation routes);
   5. unavailability or disruption of telecommunications networks, information systems and technology, widespread internet network outages or unavailability, or by lightning struct;
   6. an subsisting system failure caused by a third party that occurs beyond the itemku’s authority (for example: system hacking by a third party and/or a virus); (vii) failure of the banking system and/or network;
   7. any action, decision, law, regulations or restrictions issued by the government in respect of the implementation of the Privacy Policy; and
   8. changes in economic and financial conditions, as well as restrictions imposed by regulatory authorities on the adoption of the Privacy Policy.

H. COOKIES

1. Cookies are small data storage places on a computer or other device such as a smartphone or tablet, when a User browses and/or visits the itemku Platform.
2. The User’s computer or other device will automatically receive Cookies when the User browses and/or visits the itemku Platform and when the User uses itemku services (“Use of Cookies”). However, Users may determine a choice to modify or choose to refuse the Use of Cookies through the User’s web browser settings preferences.
3. itemku uses Google Analytics (“Feature”), where data obtained from the use of the Feature includes User IP address, User device type, etc. (“Data”). This data is used by itemku for the development of itemku’s Platform and Content as well as advertising. Users may choose not to be accessed by the Feature by downloading the Google Analytics Opt-Out Add-on on the User’s web browser.
4. itemku may provide User data and information obtained from the use of Cookies to any third parties, such as location data, advertising identifiers, or email addresses used for advertising segmentation, including but not limited to marketing and advertising requirements, where the data and information are not personally identifiable.
5. The User may control the use of cookies through the user’s web browser settings preferences, i.e. by modifying or choosing to refuse the use of cookies. However, by adjusting these settings, any service performance when accessing the itemku’s Platform may be affected, such as certain functions and pages on the itemku Platform incapable of optimally working for service to Users.

I. INTELLECTUAL PROPERTY RIGHTS

1. All works contained in the Service or Platform and its supporting systems include but are not limited to: (a) layout, design and appearance of the Service or Platform contained or displayed on itemku media; (b) logos, photos, images, names, brands, words, letters, numbers, text and color arrangements contained in the Services or Platform; and (c) the combination of elements as referred to in (a) and (b), fully constitutes itemku’s Intellectual Property Rights and no other party shall have the right to the itemku Service or Platform.
2. The User is not permitted from time to time to:
   1. copy, modify, adapt, translate, create derivative works from, distribute, sell, transfer, publicly display, reproduce, transmit, transfer, broadcast, describe or disassemble any part of or otherwise exploit the Platform (including supporting systems and facilities therein) licensed to the User, except as permitted in this Privacy Policy;
   2. license, sublicense, sell, resell, transfer, transmit, distribute or commercially exploit or otherwise make available the any software and/or softwares to third parties in any way;
   3. publish, distribute or reproduce in any way any copyrighted material, trademarks or other information from itemku without obtaining prior consent of the property rights from itemku or the rights owner who has licensed their rights to itemku;
   4. remove any copyright, trademark or other proprietary notices contained in itemku services;
   5. reengineer the itemku application or access and/or support systems to (i) build a counter product or service, (ii) build a product or service using a similar idea, feature, function or graphic, or (iii) copy an idea, feature, function or graphics;
   6. launch an automated programs or scripts, including, but not limited to, web crawlers, web robots, web indexers, bots, viruses, worms, or other similar applications and any program which may create multiple server requests per second, creating a heavy load, or hinder the operation and/or performance of the Platform;
   7. use any robot, spider, site search/retrieval application, or any other manual or automatic process or process to retrieve, index, “data mine”, or in any way reproduce or avoid the navigational structure or presentation of the itemku application and its contents.

J. CHANGES IN THE PRIVACY POLICY

itemku shall have the right from time to time to update and/or change the Privacy Policy if necessary for the security and comfort of User transactions on the itemku’s Platform without prior notice. The User hereby agrees that the User shall be responsible to carefully read and check this Privacy Policy from time to time for any updates and/or changes. By continuing to access and use the services on the itemku’s Platform, the User shall be deemed to have agreed to any updates and/or changes to this Privacy Policy

K. ITEMKU CONTACT

If the User has chosen to use itemku Services, the use and any privacy disputes shall be subject to this Privacy Policy and itemku Terms of Use. If Users have any concerns on any privacy matter at itemku, please contact itemku with a detailed description, and itemku will try to resolve them. Unless otherwise stated, itemku’s current Privacy Policy shall apply to all information itemku may have about Users and User accounts. The User may contact itemku with regard to this Privacy Policy by the following channels:

1. Page: Help Center
2. User Complaints and Assistance: [email protected]
3. Company Secretary: [email protected]
4. Media Requirements: [email protected]
5. Company Violation: [email protected]
6. Investor Relation: [email protected]

L. EFFECTIVE DATE

This Privacy Policy shall take effect and legally binding on from the time when the User has successfully made its registration.

Updated:December 23th, 2023