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This page states the terms of use (“Terms”) under which you (“You”) may use the SEEN.ASIA website, and Your relationship with PT. SEEN ASIA GLOBAL (“SEEN.ASIA”, “we” or “us”). Please read them carefully as they affect Your rights and liabilities under the law. If You do not agree to these Terms, please do not register for or use the SEEN.ASIA Website. If You have any questions on the Terms, please contact us here.

"SEEN.ASIA by SEEN.ASIA- Advertising Terms of Use “

These terms and conditions (“Terms”) govern all Advertisers (defined as “Corporate”, “you” and “your”) that:

1. Have placed an advertisement on SEEN.ASIA;
2. Have accessed the Corporate pages via (together with www.seen.asia, the Site);
3. Have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within our Corporate pages (the Corporate pages);
4. Have utilized any features of the Site or our Products offered through the Site; and

Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms

Depending on what level of service you choose, there may be other terms that govern your relationship with us in conjunction with these Terms.

These Terms are to be read in conjunction with, and incorporate, the Product Terms as they apply to the products you have purchased and/or accessed from us.

The Site is owned and operated by PT. SEEN ASIA GLOBAL defined as (“SEEN.ASIA, “we”, “us” and “our”).

Your continued use of this Site will be deemed as acceptance of these Terms by you.

Payment

1. All amounts owing to us must be paid within specified time based on the date of invoice if your preferred mode of payment is Prepaid. If you have elected to choose the Postpaid mode your term of payment will vary according to your Agreement.
2. You are obliged to pay for the services that we agree to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide us with the necessary materials or information for us to deliver these services to you, you are still liable to us for full payment.
3. Payments can be affected using any payment methods as agreed between you and us which may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
4. If you do not pay your account on time, we may disable your account without notice and refuse to supply further services to you.
5. You agree and consent in writing (when necessary) that pursuant to the Financial Services Authority Regulation No. 6/POJK.07/2022 of 2022 on Consumer and Community Protection in Financial Services Sector (“OJK Regulation 6“) or other applicable laws, we may obtain from either a credit bureau or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
6. You agree that we may disclose this information to a credit reporting agency or interested persons as reasonably necessary.

Intellectual Property Rights

7. We retain all intellectual property rights (“rights”) subsisting in any of the goods and services provided to you by us and you may not use our rights to cause any infringement.

Limitation of Liability and Disclaimer

8. We provide no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
9. In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
10. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
11. We accept no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.
12. We agree to use reasonable efforts to publish advertisements in the shortest possible time.
13. We cannot and do not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
14. We act as a medium through which individuals seek employment opportunities. We do not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing – including those representations appearing in candidates‘ resumes.

Changes to the Site

15. We reserve the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from us or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices. In doing so, we will endeavour to consider exceptionally detrimental consequences such alterations may cause you.

Your Obligations

16. You warrant and agree that:
    1. You have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
    2. Advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
    3. All files delivered to us will be free of infection or viruses;
    4. You will not use the Site or the data contained within it for any or any purposes that are not in accordance with applicable laws, illegal and/or infringing purposes;
    5. You will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to us, the Site users or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software;
    6. If applicable you have complied with your obligation under clause 71 of these Terms; and
    7. You will only use and disclose personal information (including health information such as COVID-19 vaccination information) in accordance with both privacy laws and specific laws governing health information (as applicable).
17. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without our prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause;
18. You indemnify and will keep us indemnified, our officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with::
    1. Any breach of these Terms or the Product Terms by you;
    2. Any negligent act or omission by you;
    3. The listing or proposed listing of any advertisement by you on the Site or any related site; or
    4. An actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your advertisement appearing on the Site or as a result of your use of the data contained therein.
19. You agree at all times to deal with any information or products provided by us or accessed from the Site in a manner which abides by all applicable laws of Indonesia or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
20. You may have access to or request sensitive health information of individuals (e.g. COVID-19 vaccination information) through the Site. Without limiting clause 18 above, you must comply with any applicable laws that govern health information in addition to any prevailing data privacy laws.. If applicable, such laws will restrict your use and disclosure of health information (amongst other things). You must ensure you are aware of, and comply with, all legal requirements relating to health information and personal information more generally.
21. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
22. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without our prior written approval.
23. You may not use the Site to post any pyramid scheme or multi-level marketing scheme (however described) on the Site.
24. You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on the Site (including to apply) whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
25. You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
26. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to us without our prior written approval.



Misuse of candidate data, and on-selling



27. Any “personal data” (within the meaning of the Personal Data Protection Law (and other relevant data privacy laws) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities and in accordance with privacy laws and other relevant legislation (such as those laws regulating health information).
28. Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by us to be a misuse of candidate data, and is prohibited.
29. You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless we has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
30. We take our obligations under the Personal Data Protection Law and other relevant legislation (such as those laws regulating health information) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If we believe that you have misused candidate data for any reason, we reserves the right to:
    1. Immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
    2. Report any potential contraventions of the Personal Data Protection Law or other legislation by you to the relevant authorities, including the Personal Data Protection Commissioner; and/or
    3. Take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.



Placing Advertisements



31. You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
    1. Law No. 8 of 1999 on Consumer Protection (“Consumer Protection Law“);
    2. Personal Data Protection Law;
    3. Law No. 13 of 2003 on Manpower as amended by Law No. 11 of 2020 on Job Creation (“Manpower Law“).
32. You must adhere to the principle of honest representation in advertising set out in any applicable laws, ethics and guideline.
33. All applications for job ads posted on our website must not by any means disregard or preclude applications submitted via us, including by wording to that effect within the job ad itself.
34. You are not permitted to insert links to an external website or an externally hosted application form:
    1. Within the details of a job ad (including from the apply functions);
    2. From within our job application process;
    3. Within or from a previously approved externally hosted application form; or
    4. Within any communications with a candidate.
35. You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):
    1. Within the details of a job ad (including from the apply functions);
    2. From within our job application process;
    3. Within or from a previously approved externally hosted application form;
    4. Within a corporate/company profile; or
    5. Within any communications with a candidate.
36. You may only post Advertisements to the Site that are in respect of a genuine, paid employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. we reserve the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
37. We reserve the right to reject advertisements for positions located outside of Indonesia.
38. You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
39. Corporates acknowledge and agree that they must only advertise one job role per job advertisement posted on to our Site. Where Corporates have breached this obligation and have advertised multiple job roles in the one job advertisement, we reserve the right to charge the Corporates for the number of job roles advertised in the one job advertisement posted on our site.
40. Corporates must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. We reserve the right to amend, alter or remove any information that does not meet this requirement.
41. We reserve the right and Corporates must accept as a condition of advertising on the Site, our right to re-classify advertisements posted to the Site, entitling us to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
42. Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
43. The following actions constitute a new/additional job advertisement:
    1. Copying a job advertisement;
    2. Reposting an archived or deleted job advertisement;
    3. Extending a job advertisement (“Extending”) which adds 30 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions
44. Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.



Authority to store and retain applications



45. You expressly authorise us to store and retain all applications submitted in response to the relevant ad within the Corporate pages, rather than emailing those applications to an external source.



Access to Corporate pages



46. Your access to the Corporate pages (and the functionality contained therein) will be via a secure sign in with your email and password (the Password). The Corporate is responsible for:
1. Providing us with the identity and contact details of individuals authorised to access the Corporate pages on your behalf (authorised users);
2. Setting authority limits for all authorised users;
3. Supervising the use of the Corporate pages by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading ‘Use of Corporate pages’; and
4. Ensuring that any Password provided to authorised users is kept secure and confidential.
47. You are responsible for the use of the Password issued by us to enable users to gain access to the Corporate pages, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Corporate pages that breaches these Terms will be deemed a breach of these Terms by you.
48. If you utilise the Add Candidate function of the Corporate pages then before utilising that function you must ensure that you have:
1. Expressly obtained the consent of every individual whose Personal Data, (as that term is defined within the Personal Data Protection Law you upload onto the Corporate pages, to such uploading of their Personal Information (which may include health information such as COVID-19 vaccination information) and the storage of such information by us within the Corporate pages;
2. Fully disclosed to such individuals the purpose for which their Personal Information has been collected and is stored on our Corporate pages; and
3. Otherwise fully complied with your obligations under the Personal Data Protection Act 2022 and all other relevant legislation (such as those laws regulating health information) in respect of the collection and storage of such information.
49. Once access to the Corporate pages has been granted to you by us, the Corporate will have access to the Corporate pages and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
50. If your access to the Corporate pages is terminated for reasons other than fraud or dishonest conduct on your part, we will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.



Maintenance



51. We will use reasonable endeavours to ensure that the Corporate pages is available for access by authorised users at all times. Notwithstanding this, we and our authorised third party service providers may be required to undertake maintenance and upkeep of the Corporate pages from time to time. We will endeavour to limit any ‘downtime’ to periods outside of standard business hours. We provide no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Corporate pages.



Licence to use Data



52. Except for information that is ‘personal data’ (as that term is defined in the Personal Data Protection Law, all data stored on the Site on behalf of the Corporate (Corporate Data), such as candidate applications, is owned by the Corporate, and not us. For the avoidance of doubt, the use of personal information of candidates by us and/or the Corporate is governed by the Personal Data Protection Law and the terms of the our privacy policy and/or the Corporate.
53. The Corporate hereby grants us and our related parties a perpetual, non-exclusive, irrevocable licence to use any Corporate Data, to:.
1. Manage internal reporting requirements;
2. Collate statistical information about use of the Site and submission of online applications;
3. Analyse user behaviour on the Site;
4. Obtain and analyse high level trends and prepare reports relating thereto; and
5. Generally improve the Candidate user experience and/or the Corporate user experience.
54. We may use any data relating to the Corporate’s use of, or engagement with the Site and/or the Corporate’s use of our products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. We may disclose Ancillary Data to its related parties.



Hardware & Software



55. It is the Corporate’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Corporate pages.



Candidate Profiles



56. A Candidate Profile is created by a candidate and is a summary of information regarding their career and work history to which they may attach their CV / resume.
57. You agree that you shall not disclose any of the Candidate Profiles data from SEEN.ASIA to any third party.
58. You shall take appropriate physical, technical, and administrative measures to protect the Candidate Profiles data you have obtained from SEEN.ASIA from loss, misuse, unauthorized access, disclosure alteration or destruction.
59. The Candidate Profiles data obtained from SEEN.ASIA shall not be kept longer than is necessary for the fulfilment of the purposes set out in this Terms of use. In this respect, you agree and undertake to delete, destroy and/or purge such data from your records.
60. You may not use Candidate Profiles data from SEEN.ASIA in any way which, in our sole judgment, adversely affects our business, business prospects, the performance or function of any of our website, or interferes with the ability, of other subscribers to access our data.
61. In order to ensure a safe and effective experience for all of our customers, we reserve the right to limit the amount of data (including SEEN.ASIA Profile and resume views) that may be accessed by or provided to you in any given time period. These limits may be amended in our sole discretion from time to time.
62. You may use your subscription to SEEN.ASIA only for employment of the Candidates. You are specifically prohibited from using information contained in SEEN.ASIA Candidates Profiles to sell or promote any products or services or to take any other action that is, in SEEN.ASIA’s sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any laws or regulations.
63. We may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of SEEN.ASIA Candidates Profiles at any time. By permitting access to SEEN.ASIA Candidates Profiles, we do not convey any interest in or to the Candidates Profiles or any other of our property or Services. All rights, interest in and to the Candidates Profiles is and shall remain in us.



General Terms



64. We reserve the right to terminate your agreement if you post any advertisement or utilise any feature of the Site or our Product in any way which is in breach of any of these Terms or the Product Terms.
65. We reserve the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.
66. Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
67. Any clause within these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.



Variation of these Terms



68. We may vary these Terms at any time. We will provide notice by publishing the varied Terms on the Site and you accept that such publication will constitute sufficient notice.
69. You will be notified of any changes to the Terms which we reasonably believe will be materially detrimental to you (Detrimental Change) 30 days prior to them taking effect (Notice Period).
70. In the event of a proposed Detrimental Change, you may elect to terminate your agreement with us during the Notice Period by providing at least 7 days’ written notice.



Agreement Terms




The following terms (including the Site Terms referred to below) apply to your use of ad products under an agreement purchased via our website. All amounts listed in your contract are inclusive of tax.




Contract Period



71. From the time this Agreement is executed your Contract Period will have a definitive period when the Agreement shall commence and end. While your existing Agreement is still valid you may enter into another new Agreement. The Contract Period commences on the Start Date listed in your agreement and will continue until the End Date listed in your agreement, unless during the term of your agreement you enter into a Queued Agreement in which case your active agreement will expire on the earlier of the End Date listed in that agreement or the date upon which you have consumed the Ad Budget in that agreement. Queued Agreement means our advertising agreement that is specified to commence upon expiry of your existing advertising agreement. We will send an email to you notifying you once the Contract Period has commenced.



Payment



72. Payments can be effected using any payment methods as agreed between you and us.
73. Posting of Additional Ads (as that term is defined below) will be invoiced separately



Other Products



74. Any of our products or services not listed in your agreement that are purchased by you will be charged at the per unit price for casual purchasers at the time of purchase and invoiced separately.



Additional Terms



75. The Agreement Terms may not be amended without our consent. Requests to change the Agreement Terms must be made in writing to our representative. If an amendment to the agreement is granted, we will notify you in writing.
76. You will be bound from the date of your agreement and are obliged to pay your minimum investment amount set out in your agreement regardless of whether or not you utilise the full value of the products you have purchased during the Contract Period or we shall terminate your agreement in accordance with the Agreement Terms.
77. The Parties expressly agree to waive and set aside their respective rights and obligations under any applicable law in the event of any termination of this agreement to the extent that such law requires any judicial pronouncement for the termination of this agreement.
78. You understand that any personal information that you provide to us shall be used to provide the services and products. By signing to this agreement, you agree and consent to us collecting your personal information and our Privacy Statement [insert link]. You also represent that all personal information that you provide or will provide to us is true and accurate. We will not be responsible for any loss or harm due to the inaccuracy of personal information provided.
79. These Agreement Terms shall be governed by and interpreted in accordance with the laws of Indonesia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Indonesia, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

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