Overview

Non-Disclosure Agreement (NDA)

Non-Disclosure Agreement (NDA)

PT Divistant Teknologi Indonesia (trading as "Divistant")


Last Updated: February 24, 2026


This document outlines Divistant's standard Non-Disclosure Agreement terms. Specific NDA terms may be tailored per engagement and formalized in individual agreements between the parties.


1. Introduction


PT Divistant Teknologi Indonesia ("Divistant") recognizes that the exchange of confidential information is essential to successful business relationships. This standard NDA outlines our commitment to protecting confidential information shared between Divistant and our clients, partners, and prospective business associates.


We enter into Non-Disclosure Agreements as part of our standard practice for all business engagements involving confidential or proprietary information.


2. Purpose


The purpose of our NDA is to:

  1. Protect the confidential and proprietary information of all parties involved
  2. Establish clear expectations regarding the handling, use, and disclosure of shared information
  3. Provide legal assurance that sensitive business information will not be misused
  4. Enable open communication and collaboration during business discussions


3. Types of NDA


Divistant offers the following NDA formats depending on the nature of the engagement:


  1. Mutual NDA (Two-Way): Both parties agree to protect each other's confidential information. This is our standard format for most business engagements, partnerships, and consulting projects.
  2. One-Way NDA: One party (the Discloser) shares confidential information with the other (the Recipient). Used when information flows primarily in one direction, such as vendor evaluations.


4. Definition of Confidential Information


Under our standard NDA terms, "Confidential Information" includes, but is not limited to:

  1. Business Information: Business plans, strategies, financial data, pricing, customer lists, supplier information, marketing plans
  2. Technical Information: Source code, algorithms, system architecture, APIs, databases, technical specifications, product roadmaps
  3. Operational Information: Internal processes, methodologies, procedures, training materials
  4. Personal Data: Any personal data shared in the course of the business relationship, subject to applicable data protection laws (UU PDP, GDPR)
  5. Project Information: Project plans, deliverables, requirements, test results, and any work product


Exclusions: Information is not considered confidential if it:

  1. Is or becomes publicly available through no fault of the Recipient
  2. Was already known to the Recipient prior to disclosure
  3. Is independently developed by the Recipient without use of the Discloser's information
  4. Is received from a third party without obligation of confidentiality
  5. Is required to be disclosed by law, regulation, or court order (with prior notice to the Discloser where permitted)


5. Obligations of the Receiving Party


The party receiving confidential information agrees to:

  1. Use Restriction: Use confidential information solely for the purpose of the business relationship and not for any other purpose
  2. Non-Disclosure: Not disclose confidential information to any third party without the prior written consent of the Discloser
  3. Protection: Protect confidential information with at least the same degree of care used to protect its own confidential information, but no less than reasonable care
  4. Access Limitation: Limit access to confidential information to employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations
  5. Notification: Promptly notify the Discloser of any unauthorized disclosure or use of confidential information
  6. Return/Destruction: Return or destroy all confidential information upon termination of the agreement or upon request


6. Security Measures


Divistant implements robust security measures to protect confidential information:

  1. Encryption: Data encrypted in transit (TLS 1.2+) and at rest (AES-256)
  2. Access Controls: Role-based access with multi-factor authentication
  3. Monitoring: Continuous security monitoring and audit logging
  4. Secure Communication: Encrypted channels for sharing sensitive information
  5. Employee Training: Regular confidentiality and security awareness training


For details on our full security practices, see our Information Security Policy.


7. Duration & Survival


Our standard NDA terms include:

  1. Agreement Duration: The NDA is effective from the date of signing and continues for the duration of the business relationship
  2. Confidentiality Period: Confidentiality obligations survive for 3 years after the termination or expiration of the agreement
  3. Trade Secrets: Obligations regarding trade secrets continue indefinitely, for as long as the information remains a trade secret


8. Intellectual Property


Disclosure of confidential information does not grant the Recipient any rights to the Discloser's intellectual property:

  1. No license, right, or interest in patents, copyrights, trademarks, or trade secrets is granted
  2. All intellectual property rights remain with the Discloser
  3. Work product and IP ownership for project engagements are governed by the applicable Service Agreement


9. Remedies for Breach


Both parties acknowledge that a breach of confidentiality obligations may cause irreparable harm:

  1. The Discloser may seek injunctive relief and/or specific performance in addition to any other remedies available at law
  2. The breaching party may be liable for damages resulting from unauthorized disclosure or use
  3. Remedies are cumulative and not exclusive of any other rights or remedies


10. Governing Law & Dispute Resolution


  1. Governing Law: Our standard NDA is governed by the laws of the Republic of Indonesia
  2. Dispute Resolution: Any disputes arising from the NDA are first attempted to be resolved through good-faith negotiation, followed by mediation, and if necessary, arbitration through the Badan Arbitrase Nasional Indonesia (BANI) in Jakarta
  3. Jurisdiction: The courts of Jakarta, Indonesia, shall have jurisdiction for any matters that cannot be resolved through arbitration


11. How to Request an NDA


If you would like to enter into an NDA with Divistant for a prospective business engagement, please:

  1. Contact us at divistant.com/contacts with the subject "NDA Request"
  2. Include a brief description of the engagement or business purpose
  3. Specify whether you require a mutual or one-way NDA


Our legal team will prepare and share the appropriate NDA document, typically within 3 business days.


12. Contact Information


For questions about our NDA terms or to request an NDA:

  1. Legal & Partnerships: divistant.com/contacts
  2. Company: PT Divistant Teknologi Indonesia, Jakarta, Indonesia