HungryPanda
Privacy Policy

Privacy

1. Contact Details

1.1 This is the privacy policy for the HungryPanda app and website (together, our "Platform") operated by HungryPanda AU Pty Ltd (ABN 37 630 315 132) ("we" or "us" or "Hungry Panda"), registered under the laws of Australia, whose registered office is at Suite 2-4, 321 Chapel Street, Prahran, VIC.

1.2 If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please contact our general customer services team at: [email protected]

This policy, together with the Terms and Conditions, sets out

·How we collect your information

·How & why we use your information

·Our promotional updates and communications

·Retention of your information

·Disclosure of your information

·International data transfers

·Payment processing

·Security

·Your rights

·Changes to our privacy policy

1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.4 By using our services you acknowledge you have read and understood this policy.

 

2. How we collect your information

2.1 As part of our commitment to the privacy of our customers and visitors to our Platform more generally, we want to be clear about the sorts of information we will collect about you.

2.2 We collect your personal information when you interact with us or use our services, such as when you use our Platform to place an order. We also look at how visitors use our Platform, to help us improve our services and optimise customer experience.

We collect information:

(a)when you create an account with us or you change your account settings;

(b)when you place an order with us and during the order process (including for payment and order delivery);

(c)when you contact us directly via email, phone, post, message or via our chat function; and

(d)when you browse and use our Platform (before and after you create an account with us).

2.3 Information that we collect from you

(a)When you visit the Platform or make an order through the Platform, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information, any further information you provide when placing an order.

(b)We also collect information about you from any messages you post to the Platform or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes and make notes in relation to your call.

(c)We process health information about you, on the basis of your consent, only where you volunteer this information when placing an order, for example if you specify any food allergies. This will be visible to the restaurant when fulfilling your order but will not be used for any further purposes.

2.4 Information we automatically collect

(a)We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Platform.

(b)We also collect technical information about your use of our Platform through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers.

(c)Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any HungryPanda mobile application, through your mobile's browser or otherwise.

2.5 With your permission, we will collect your pictures, photos, etc. These pictures, photos, etc. will be used in the following ways:

(a) When you register your account you will need to upload pictures, photos to set your avatar, homepage information, etc.

(b) After an order is completed, you may upload pictures of products for evaluation.

(c) You will need to use them in communication with others such as customer service.

(d) Other situations where not using pictures, photos will affect our ability to provide you with services.

 

3. How & why we use your information

3.1 We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information:

(a)if we need to process your information in order to provide you with the service you have requested or to enter into a contract;

(b)we have your consent;

(c)we have a justifiable reason, which is in our legitimate interests, for processing your data; or

(d)we are under a legal obligation to do so.

3.2 Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:

(a)to enable us to provide you with access to the relevant parts of the Platform;

(b)to supply the services you have requested;

(c)to enable us to collect payment from you; and

(d)to contact you where necessary concerning our services, such as to resolve issues you may have with your order.

3.3 We may process your date with your consent (or, in certain circumstances, in our legitimate interests) to:

(a)send you direct marketing to promote our service to you and keep you updated with information about our services,

(b)including delivering relevant content on topics we think may be of interest to you, and letting you know about new functionalities or services.

3.4 We also process your data where we have a justifiable reason, which is in our legitimate interests, for doing so — for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:

(a)to improve the effectiveness and quality of service that our customers can expect from us in the future;

(b)to tailor content that we or our third-party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area based on where you tell us you are;

(c)to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

(d)to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

(e)to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

(f)to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of HungryPanda, restaurant partners, riders, or others (including to prevent fraud); and

(g)if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.

(h)Where we rely on legitimate interest as a basis for processing your personal information, we carry out a 'balancing test' to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.

3.5 Where we are under a legal obligation to do so we may use your information to:

(a)Create and store a record of your order(s);

(b)comply with any legal obligation or regulatory requirement to which we are subject.

 

4. Our promotional updates and communications

4.1 Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products or services.

4.2 You can object to further marketing at any time by selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you.

 

5. Retention of your information

5.1 We will not retain your information for any longer than we think is necessary.

5.2 Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the 'How & why we use your information' section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

5.3 When determining the relevant retention periods, we will consider factors including:

(a)our contractual obligations and rights in relation to the information involved;

(b)legal obligation(s) under applicable law to retain data for a certain period of time;

(c)statute of limitations under applicable law(s);

(d)our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);

(e)(actual or potential) disputes;

(f)the establishment, exercise or defence of any (actual or potential) legal claim; and

(g)guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

 

6. Disclosure of your information

6.1 The information we collect about you will be transferred to and stored on our servers located within Australia. We are very careful and transparent about who else your information is shared with.

6.2 Sharing your information internally

We share your information with other HungryPanda group companies only where necessary for the purposes set out in section 4.

6.3 Sharing your information with third parties

We share your information with third party service providers. The types of third party service providers whom we share your information with includes:

(a)Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

(b)IT service providers (including cloud providers): for the purposes of data storage and analysis;

(c)Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;

(d)Riders: so they can deliver your order to you;

HungryPanda will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

6.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

6.5 We may also share your information:

(a)if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

(b)in order to enforce our contractual terms with you and any other agreement;

(c)to protect the rights of HungryPanda, restaurant partners, riders, or others, including to prevent fraud.

 

7. Where we store your data & international data transfers

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside Australia that may not be subject to equivalent Data Protection Law.

7.2 Where your information is transferred outside Australia, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

7.3 We may transfer your personal information outside Australia:

(a)in order to store it.

(b)in order to enable us to provide goods or services and fulfil our contract with you or the company you work for. This includes order fulfilment, processing of payment details, and the provision of support services.

(c)where we are legally required to do so.

(d)as part of normal application operation and processing.

(e)in order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

 

8. Payment processing

8.1 Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Platform are made through our payment gateway provider(s), Alipay, Worldpay, Stripe Connect or such other FCA-regulated third-party payment gateways as Hungry Panda may work with from time to time through our Platform ("Payment Gateway(s)"). You will be providing credit or debit card information directly to a Payment Gateway(s) which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to any Payment Gateway(s) is not within our control and is subject to each Payment Gateway(s)'s own privacy policy and terms and conditions.

 

9. Security

9.1 We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. Any payment transactions will be encrypted using SSL technology.

9.2 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

9.3 Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

9.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

10. Your rights

10.1 Under data protection law, you may in certain circumstances have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below:

(a)The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we're providing you with the information in this policy.

(b)The right of access. You have the right to obtain access to your information (if we're processing it). This will enable you, for example, to check that we're using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).

(c)The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).

(d)The right to erasure. This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).

(e)The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.

(f)The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).

(g)The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.

(h)The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.

(i)The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences as set out above.

 

11. Contact Us

We welcome your feedback and questions. If you would like to contact us, please send us an email at [email protected].

 

12. Changes to our privacy policy

Any changes to our privacy policy will be posted to the Sites and APPs. This privacy policy was last updated: 9 October 2020

1. Contact Details

1.1 This is the privacy policy for the HungryPanda app and website (together, our "Platform") operated by HungryPanda Tech Ltd. (Incorporation Number BC1235236) ("we" or "us" or "Hungry Panda"), a company incorporated in the Province of British Columbia, Canada, whose registered office is at 160-3751 Shell Rd, Richmond BC V6X 1L3, Canada.

1.2 If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please contact our general customer services team at: [email protected]

This policy, together with the Terms and Conditions, sets out

·How we collect your information

·How & why we use your information

·Our promotional updates and communications

·Retention of your information

·Disclosure of your information

·International data transfers

·Payment processing

·Security

·Your rights

·Changes to our privacy policy

1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.4 By using our services you acknowledge you have read and understood this policy.

 

2. How we collect your information

2.1 As part of our commitment to the privacy of our customers and visitors to our Platform more generally, we want to be clear about the sorts of information we will collect about you.

2.2 We collect your personal information when you interact with us or use our services, such as when you use our Platform to place an order. We also look at how visitors use our Platform, to help us improve our services and optimise customer experience.

We collect information:

(a)when you create an account with us or you change your account settings;

(b)when you place an order with us and during the order process (including for payment and order delivery);

(c)when you contact us directly via email, phone, post, message or via our chat function; and

(d)when you browse and use our Platform (before and after you create an account with us).

Information that we collect from you

(a)When you visit the Platform or make an order through the Platform, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information, any further information you provide when placing an order.

(b)We also collect information about you from any messages you post to the Platform or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes and make notes in relation to your call.

(c)We process health information about you, on the basis of your consent, only where you volunteer this information when placing an order, for example if you specify any food allergies. This will be visible to the restaurant when fulfilling your order but will not be used for any further purposes.

2.3 Information we automatically collect

(a)We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Platform.

(b)We also collect technical information about your use of our Platform through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers.

(c)Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any HungryPanda mobile application, through your mobile's browser or otherwise.

2.4 With your permission, we will collect your pictures, photos, etc. These pictures, photos, etc. will be used in the following ways:

(a) When you register your account you will need to upload pictures, photos to set your avatar, homepage information, etc.

(b) After an order is completed, you may upload pictures of products for evaluation.

(c) You will need to use them in communication with others such as customer service.

(d) Other situations where not using pictures, photos will affect our ability to provide you with services.

 

3. How & why we use your information

3.1 We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information:

(a)if we need to process your information in order to provide you with the service you have requested or to enter into a contract;

(b)we have your consent;

(c)we have a justifiable reason, which is in our legitimate interests, for processing your data; or

(d)we are under a legal obligation to do so.

3.2 Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:

(a)to enable us to provide you with access to the relevant parts of the Platform;

(b)to supply the services you have requested;

(c)to enable us to collect payment from you; and

(d)to contact you where necessary concerning our services, such as to resolve issues you may have with your order.

3.3 We may process your date with your consent (or, in certain circumstances, in our legitimate interests) to:

(a)send you direct marketing to promote our service to you and keep you updated with information about our services,

(b)including delivering relevant content on topics we think may be of interest to you, and letting you know about new functionalities or services.

3.4 We also process your data where we have a justifiable reason, which is in our legitimate interests, for doing so — for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:

(a)to improve the effectiveness and quality of service that our customers can expect from us in the future;

(b)to tailor content that we or our third-party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area based on where you tell us you are;

(c)to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

(d)to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

(e)to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

(f)to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of HungryPanda, restaurant partners, riders, or others (including to prevent fraud); and

(g)if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.

(h)Where we rely on legitimate interest as a basis for processing your personal information, we carry out a 'balancing test' to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.

3.5 Where we are under a legal obligation to do so we may use your information to:

(a)Create and store a record of your order(s);

(b)comply with any legal obligation or regulatory requirement to which we are subject.

 

4. Our promotional updates and communications

4.1 Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products or services.

4.2 You can object to further marketing at any time by selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you.

 

5. Retention of your information

5.1 We will not retain your information for any longer than we think is necessary.

5.2 Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the 'How & why we use your information' section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

5.3 When determining the relevant retention periods, we will consider factors including:

(a)our contractual obligations and rights in relation to the information involved;

(b)legal obligation(s) under applicable law to retain data for a certain period of time;

(c)statute of limitations under applicable law(s);

(d)our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);

(e)(actual or potential) disputes;

(f)the establishment, exercise or defence of any (actual or potential) legal claim; and

(g)guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

 

6. Disclosure of your information

6.1 The information we collect about you will be transferred to and stored on our servers located within Canada. We are very careful and transparent about who else your information is shared with.

6.2 Sharing your information internally

We share your information with other HungryPanda group companies only where necessary for the purposes set out in section 4.

6.3 Sharing your information with third parties

We share your information with third party service providers. The types of third party service providers whom we share your information with includes:

(a)Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

(b)IT service providers (including cloud providers): for the purposes of data storage and analysis;

(c)Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;

(d)Riders: so they can deliver your order to you;

HungryPanda will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

6.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

6.5 We may also share your information:

(a)if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

(b)in order to enforce our contractual terms with you and any other agreement;

(c)to protect the rights of HungryPanda, restaurant partners, riders, or others, including to prevent fraud.

 

7. Where we store your data & international data transfers

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside Canada that may not be subject to equivalent Data Protection Law.

7.2 Where your information is transferred outside Canada, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

7.3 We may transfer your personal information outside Canada:

(a)in order to store it.

(b)in order to enable us to provide goods or services and fulfil our contract with you or the company you work for. This includes order fulfilment, processing of payment details, and the provision of support services.

(c)where we are legally required to do so.

(d)as part of normal application operation and processing.

(e)in order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

 

8. Payment processing

8.1 Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Platform are made through our payment gateway provider(s), Alipay, Worldpay, Stripe Connect or such other FCA-regulated third-party payment gateways as Hungry Panda may work with from time to time through our Platform ("Payment Gateway(s)"). You will be providing credit or debit card information directly to a Payment Gateway(s) which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to any Payment Gateway(s) is not within our control and is subject to each Payment Gateway(s)'s own privacy policy and terms and conditions.

 

9. Security

9.1 We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. Any payment transactions will be encrypted using SSL technology.

9.2 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

9.3 Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

9.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

10. Your rights

10.1 Under data protection law, you may in certain circumstances have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below:

(a)The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we're providing you with the information in this policy.

(b)The right of access. You have the right to obtain access to your information (if we're processing it). This will enable you, for example, to check that we're using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).

(c)The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).

(d)The right to erasure. This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).

(e)The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.

(f)The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).

(g)The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.

(h)The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.

(i)The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences as set out above.

 

11. Contact Us

We welcome your feedback and questions. If you would like to contact us, please send us an email at [email protected].

 

12. Changes to our privacy policy

Any changes to our privacy policy will be posted to the Sites and APPs. This privacy policy was last updated: 9 October 2020

1. Contact Details

1.1 This is the privacy policy for the HungryPanda app and website (together, our "Platform") operated by SARL HUNGRYPANDA ("we" or "us" or "Hungry Panda"), incorporated and registered in France, whose registered office is at 26E Etage Tour Montparnasses 33 avenue du Maine 75015 Paris.

1.2 If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please contact our general customer services team at: [email protected]

This policy, together with the Terms and Conditions, sets out

·How we collect your information

·How & why we use your information

·Our promotional updates and communications

·Retention of your information

·Disclosure of your information

·International data transfers

·Payment processing

·Security

·Your rights

·Changes to our privacy policy

1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.4 By using our services you acknowledge you have read and understood this policy.

1.5 For the purposes of European Economic Area data protection law, (the "Data Protection Law"), the data controller is: HungryPanda Ltd, a company registered in England and Wales.

 

2. How we collect your information

2.1 As part of our commitment to the privacy of our customers and visitors to our Platform more generally, we want to be clear about the sorts of information we will collect about you.

2.2 We collect your personal information when you interact with us or use our services, such as when you use our Platform to place an order. We also look at how visitors use our Platform, to help us improve our services and optimise customer experience.

We collect information:

(a)when you create an account with us or you change your account settings;

(b)when you place an order with us and during the order process (including for payment and order delivery);

(c)when you contact us directly via email, phone, post, message or via our chat function; and

(d)when you browse and use our Platform (before and after you create an account with us).

2.3 Information that we collect from you

(a)When you visit the Platform or make an order through the Platform, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information, any further information you provide when placing an order.

(b)We also collect information about you from any messages you post to the Platform or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes and make notes in relation to your call.

(c)We process health information about you, on the basis of your consent, only where you volunteer this information when placing an order, for example if you specify any food allergies. This will be visible to the restaurant when fulfilling your order but will not be used for any further purposes.

2.4 Information we automatically collect

(a)We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Platform.

(b)We also collect technical information about your use of our Platform through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers.

(c)Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any HungryPanda mobile application, through your mobile's browser or otherwise.

2.5 With your permission, we will collect your pictures, photos, etc. These pictures, photos, etc. will be used in the following ways:

(a) When you register your account you will need to upload pictures, photos to set your avatar, homepage information, etc.

(b) After an order is completed, you may upload pictures of products for evaluation.

(c) You will need to use them in communication with others such as customer service.

(d) Other situations where not using pictures, photos will affect our ability to provide you with services.

 

3. How & why we use your information

3.1 We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information:

(a)if we need to process your information in order to provide you with the service you have requested or to enter into a contract;

(b)we have your consent;

(c)we have a justifiable reason, which is in our legitimate interests, for processing your data; or

(d)we are under a legal obligation to do so.

3.2 Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:

(a)to enable us to provide you with access to the relevant parts of the Platform;

(b)to supply the services you have requested;

(c)to enable us to collect payment from you; and

(d)to contact you where necessary concerning our services, such as to resolve issues you may have with your order.

3.3 We may process your date with your consent (or, in certain circumstances, in our legitimate interests) to:

(a)send you direct marketing to promote our service to you and keep you updated with information about our services,

(b)including delivering relevant content on topics we think may be of interest to you, and letting you know about new functionalities or services.

3.4 We also process your data where we have a justifiable reason, which is in our legitimate interests, for doing so — for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:

(a)to improve the effectiveness and quality of service that our customers can expect from us in the future;

(b)to tailor content that we or our third-party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area based on where you tell us you are;

(c)to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

(d)to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

(e)to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

(f)to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of HungryPanda, restaurant partners, riders, or others (including to prevent fraud); and

(g)if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.

(h)Where we rely on legitimate interest as a basis for processing your personal information, we carry out a 'balancing test' to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.

3.5 Where we are under a legal obligation to do so we may use your information to:

(a)Create and store a record of your order(s);

(b)comply with any legal obligation or regulatory requirement to which we are subject.

 

4. Our promotional updates and communications

4.1 Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products or services.

4.2 You can object to further marketing at any time by selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you.

 

5. Retention of your information

5.1 We will not retain your information for any longer than we think is necessary.

5.2 Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the 'How & why we use your information' section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

5.3 When determining the relevant retention periods, we will consider factors including:

(a)our contractual obligations and rights in relation to the information involved;

(b)legal obligation(s) under applicable law to retain data for a certain period of time;

(c)statute of limitations under applicable law(s);

(d)our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);

(e)(actual or potential) disputes;

(f)the establishment, exercise or defence of any (actual or potential) legal claim; and

(g)guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

 

6. Disclosure of your information

6.1 The information we collect about you will be transferred to and stored on our servers located within the EU. We are very careful and transparent about who else your information is shared with.

6.2 Sharing your information internally

We share your information with other HungryPanda group companies only where necessary for the purposes set out in section 4.

6.3 Sharing your information with third parties

We share your information with third party service providers. The types of third party service providers whom we share your information with includes:

(a)Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

(b)IT service providers (including cloud providers): for the purposes of data storage and analysis;

(c)Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;

(d)Riders: so they can deliver your order to you;

HungryPanda will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

6.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

6.5 We may also share your information:

(a)if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

(b)in order to enforce our contractual terms with you and any other agreement;

(c)to protect the rights of HungryPanda, restaurant partners, riders, or others, including to prevent fraud.

 

7. Where we store your data & international data transfers

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA) that may not be subject to equivalent Data Protection Law.

7.2 Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

7.3 We may transfer your personal information outside the EEA:

(a)in order to store it.

(b)in order to enable us to provide goods or services and fulfil our contract with you or the company you work for. This includes order fulfilment, processing of payment details, and the provision of support services.

(c)where we are legally required to do so.

(d)as part of normal application operation and processing.

(e)in order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

 

8. Payment processing

8.1 Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Platform are made through our payment gateway provider(s), Alipay, Worldpay, Stripe Connect or such other FCA-regulated third-party payment gateways as Hungry Panda may work with from time to time through our Platform ("Payment Gateway(s)"). You will be providing credit or debit card information directly to a Payment Gateway(s) which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to any Payment Gateway(s) is not within our control and is subject to each Payment Gateway(s)'s own privacy policy and terms and conditions.

 

9. Security

9.1 We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. Any payment transactions will be encrypted using SSL technology.

9.2 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

9.3 Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

9.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

10. Your rights

10.1 Under data protection law, you may in certain circumstances have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below:

(a)The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we're providing you with the information in this policy.

(b)The right of access. You have the right to obtain access to your information (if we're processing it). This will enable you, for example, to check that we're using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).

(c)The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).

(d)The right to erasure. This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).

(e)The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.

(f)The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).

(g)The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.

(h)The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.

(i)The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences as set out above.

10.2 If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html). The « Commission Nationale de l’Informatique et des Libertés » is the supervisory authority in France and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

 

11. Contact Us

We welcome your feedback and questions. If you would like to contact us, please send us an email at [email protected].

 

12. Changes to our privacy policy

Any changes to our privacy policy will be posted to the Sites and APPs. This privacy policy was last updated: 9 October 2020

1. Contact Details

1.1 This is the privacy policy for the HungryPanda app and website (together, our "Platform") operated by SARL HUNGRYPANDA ("we" or "us" or "Hungry Panda"), incorporated and registered in France, whose registered office is at 26E Etage Tour Montparnasses 33 avenue du Maine 75015 Paris.

1.2 If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please contact our general customer services team at: [email protected]

This policy, together with the Terms and Conditions, sets out

·How we collect your information

·How & why we use your information

·Our promotional updates and communications

·Retention of your information

·Disclosure of your information

·International data transfers

·Payment processing

·Security

·Your rights

·Changes to our privacy policy

1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.4 By using our services you acknowledge you have read and understood this policy.

1.5 For the purposes of European Economic Area data protection law, (the "Data Protection Law"), the data controller is: HungryPanda Ltd, a company registered in England and Wales.

 

2. How we collect your information

2.1 As part of our commitment to the privacy of our customers and visitors to our Platform more generally, we want to be clear about the sorts of information we will collect about you.

2.2 We collect your personal information when you interact with us or use our services, such as when you use our Platform to place an order. We also look at how visitors use our Platform, to help us improve our services and optimise customer experience.

We collect information:

(a)when you create an account with us or you change your account settings;

(b)when you place an order with us and during the order process (including for payment and order delivery);

(c)when you contact us directly via email, phone, post, message or via our chat function; and

(d)when you browse and use our Platform (before and after you create an account with us).

2.3 Information that we collect from you

(a)When you visit the Platform or make an order through the Platform, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information, any further information you provide when placing an order.

(b)We also collect information about you from any messages you post to the Platform or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes and make notes in relation to your call.

(c)We process health information about you, on the basis of your consent, only where you volunteer this information when placing an order, for example if you specify any food allergies. This will be visible to the restaurant when fulfilling your order but will not be used for any further purposes.

2.4 Information we automatically collect

(a)We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Platform.

(b)We also collect technical information about your use of our Platform through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers.

(c)Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any HungryPanda mobile application, through your mobile's browser or otherwise.

2.5 With your permission, we will collect your pictures, photos, etc. These pictures, photos, etc. will be used in the following ways:

(a) When you register your account you will need to upload pictures, photos to set your avatar, homepage information, etc.

(b) After an order is completed, you may upload pictures of products for evaluation.

(c) You will need to use them in communication with others such as customer service.

(d) Other situations where not using pictures, photos will affect our ability to provide you with services.

 

3. How & why we use your information

3.1 We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information:

(a)if we need to process your information in order to provide you with the service you have requested or to enter into a contract;

(b)we have your consent;

(c)we have a justifiable reason, which is in our legitimate interests, for processing your data; or

(d)we are under a legal obligation to do so.

3.2 Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:

(a)to enable us to provide you with access to the relevant parts of the Platform;

(b)to supply the services you have requested;

(c)to enable us to collect payment from you; and

(d)to contact you where necessary concerning our services, such as to resolve issues you may have with your order.

3.3 We may process your date with your consent (or, in certain circumstances, in our legitimate interests) to:

(a)send you direct marketing to promote our service to you and keep you updated with information about our services,

(b)including delivering relevant content on topics we think may be of interest to you, and letting you know about new functionalities or services.

3.4 We also process your data where we have a justifiable reason, which is in our legitimate interests, for doing so — for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:

(a)to improve the effectiveness and quality of service that our customers can expect from us in the future;

(b)to tailor content that we or our third-party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area based on where you tell us you are;

(c)to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

(d)to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

(e)to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

(f)to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of HungryPanda, restaurant partners, riders, or others (including to prevent fraud); and

(g)if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.

(h)Where we rely on legitimate interest as a basis for processing your personal information, we carry out a 'balancing test' to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.

3.5 Where we are under a legal obligation to do so we may use your information to:

(a)Create and store a record of your order(s);

(b)comply with any legal obligation or regulatory requirement to which we are subject.

 

4. Our promotional updates and communications

4.1 Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products or services.

4.2 You can object to further marketing at any time by selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you.

 

5. Retention of your information

5.1 We will not retain your information for any longer than we think is necessary.

5.2 Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the 'How & why we use your information' section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

5.3 When determining the relevant retention periods, we will consider factors including:

(a)our contractual obligations and rights in relation to the information involved;

(b)legal obligation(s) under applicable law to retain data for a certain period of time;

(c)statute of limitations under applicable law(s);

(d)our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);

(e)(actual or potential) disputes;

(f)the establishment, exercise or defence of any (actual or potential) legal claim; and

(g)guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

 

6. Disclosure of your information

6.1 The information we collect about you will be transferred to and stored on our servers located within the EU. We are very careful and transparent about who else your information is shared with.

6.2 Sharing your information internally

We share your information with other HungryPanda group companies only where necessary for the purposes set out in section 4.

6.3 Sharing your information with third parties

We share your information with third party service providers. The types of third party service providers whom we share your information with includes:

(a)Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

(b)IT service providers (including cloud providers): for the purposes of data storage and analysis;

(c)Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;

(d)Riders: so they can deliver your order to you;

HungryPanda will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

6.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

6.5 We may also share your information:

(a)if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

(b)in order to enforce our contractual terms with you and any other agreement;

(c)to protect the rights of HungryPanda, restaurant partners, riders, or others, including to prevent fraud.

 

7. Where we store your data & international data transfers

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA) that may not be subject to equivalent Data Protection Law.

7.2 Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

7.3 We may transfer your personal information outside the EEA:

(a)in order to store it.

(b)in order to enable us to provide goods or services and fulfil our contract with you or the company you work for. This includes order fulfilment, processing of payment details, and the provision of support services.

(c)where we are legally required to do so.

(d)as part of normal application operation and processing.

(e)in order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

 

8. Payment processing

8.1 Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Platform are made through our payment gateway provider(s), Alipay, Worldpay, Stripe Connect or such other FCA-regulated third-party payment gateways as Hungry Panda may work with from time to time through our Platform ("Payment Gateway(s)"). You will be providing credit or debit card information directly to a Payment Gateway(s) which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to any Payment Gateway(s) is not within our control and is subject to each Payment Gateway(s)'s own privacy policy and terms and conditions.

 

9. Security

9.1 We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. Any payment transactions will be encrypted using SSL technology.

9.2 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

9.3 Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

9.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

10. Your rights

10.1 Under data protection law, you may in certain circumstances have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below:

(a)The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we're providing you with the information in this policy.

(b)The right of access. You have the right to obtain access to your information (if we're processing it). This will enable you, for example, to check that we're using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).

(c)The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).

(d)The right to erasure. This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).

(e)The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.

(f)The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).

(g)The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.

(h)The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.

(i)The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences as set out above.

10.2 If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html). The « Commission Nationale de l’Informatique et des Libertés » is the supervisory authority in France and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

 

11. Contact Us

We welcome your feedback and questions. If you would like to contact us, please send us an email at [email protected].

 

12. Changes to our privacy policy

Any changes to our privacy policy will be posted to the Sites and APPs. This privacy policy was last updated: 9 October 2020

1.連絡先

1.1 ハングリーパンダ株式会(以下“私たち”あるいは“ハングリーパンダ”という)が運営するAPP及びネットワーク(以下「プラットフォーム」と総称する)のプライバシーポリシーである。私たちは、日本に登記している株式会社であり、〒160-0023 東京都新宿区西新宿6丁目11−3 D- Tower 18F階に登録している。

1.2 当プライバシーポリシー或いはあなたに関するデータにいかなる要求ある場合、以下のアドレスからカスタマーチームと連絡してください。:[email protected]

当プライバシーポリシー及び利用規約の内容は:

·私たちがあなたの情報を収集する方法

·私たちがあなたの情報を如何に使用するまたは使用する目的

·私たちのプロモーション及び連絡に関する事項

·私たちがあなたの情報を如何に保存

·私たちがあなたの情報の開示

·情報の越境転送

·支払の処理

·情報の安全

·あなたの権利

·当プライバシーポリシーの改訂 等である。

1.3 以下の内容を詳読し、あなたの個人データに関する取扱をご理解ください。

1.4 私たちのサービスを利用することが、あなたが当プライバシーポリシーを理解し、これに同意したことを意味する。

1.5 データの取扱者は、ハングリーパンダである 。

 

2. 情報の収集

2.1 プラットフォームのアクセス者のプライバシー保護に対する承諾として、私たち収集する情報の種類を明確にする。

2.2 あなたと私たちの間のコミュニケーションあるいはサービスを利用する際、例えばあなたが私たちのプラットフォームを利用して注文する際に、私たちはあなたの個人情報を収集する。私たちは、サービスの改善及びクライアント体験最適化のためにアクセス者が私たちのプラットフォームを如何に利用しているかを理解する。

以下の際に私たちは情報収集を行う :

(a) アカウント開設あるいはその設定を変更する際;

(b) 私たちのプラットフォームを利用し注文をし、またその過程において(支払い及び注文の交付を含む);

(c) 電子メール、電話、SNSあるいはチャットを通じて直接私たちと連絡する際;及び

(d) 私たちのプラットフォームを閲覧使用する際(アカウント開設する前後) 。

2.3 私たちが収集する情報

(a) あなたがプラットフォームにアクセスし、注文をする際、あなたの氏名、連絡先、届住所、注文詳細情報及び支払情報(クレジットカード、プリペイドカード等)等を含む個人情報の提供を要求する。

(b) 私たちは、あなたがプラットフォームに送った電子メールあるいは連絡内容あるいはフィードバック(電子メール、手紙、電話あるいはチャット等)からあなたの個人情報を収集する。電話で連絡の場合、通話記録を残し、サービス改善研修のために利用させていただく場合がある。

(c) あなたが注文をする際に健康情報等情報の収集に同意した場合のみ情報収集を行う。例えば、あなたがアレルギーに関する情報を提供した場合、あなたの同意のもとその情報処理を行う。注文が完成した場合、飲食店はあなたの情報を共有するがほかのいかなる目的のためにも利用しない。

2.4 自動収集する情報

(a) あんたのモバイル端末あるいはパソコンから技術情報を収集する場合がある。例えば、OS、設備及びリンクの類型及びアクセス時のIP等を収集する。

(b) モバイル端末によってあなたが私たちのプラットフォームを利用する際の技術情報を収集する場合がある。例えば、運営会社、位置情報及び機能データ、モバイル支払方法、その他支払い技術(NFCラベル、QRコード、商品券の利用等)。

(c) あなたが自らの設備あるいはプラットフォームにおける設定を匿名にした場合を除き、ハングリーパンダの如何なるアプリケーション、モバイルあるいはその他方法で当該サービスを利用する際、私たちは、自動的にこれらの情報を収集する場合がある。

2.5 お客様の許可を得て、当社はお客様の写真、写真等を収集させていただきます。これらの写真、写真等は以下の目的で使用させていただきます

(a) アカウント登録時に写真やアバターを設定するための写真、ホームページ情報などをアップロードする必要があります。

(b) 注文完了後、評価用に製品の写真をアップロードできます。

(c) 顧客サービスなど、他のユーザーとのコミュニケーションに使用する必要があります。

(d) その他の状況において写真を使用しない場合、お客様にサービスを提供する当社の能力に影響が及びます。

 

3. 情報の利用方法と目的

3.1 情報の利用に理由があり、かつデータ保護関連法令の容認する場合にのみ、収集した情報の処理を行う。私たちが情報処理する法的根拠は以下のとおりである。

(a) 私たちが情報処理する際、あなたに必要なサービスを提供し、あるいは契約を締結した場合。

(b) なたが 同意 があった場合 ;

(c) 私たちが情報処理するに正当な理由があり、すなわち私たちの 合法的な利益 を追求する場合;あるいは

(d) 私たちが 法的な義務 を負っている場合 。

3.2 あなたに必要なサービスを提供し、契約を締結する場合、以下の場合個人情報を利用する :

(a) あなたにプラットフォームにアクセスする権限を与える場合 ;

(b) あなたに必要なサービスを提供する場合;

(c) あなたが支払いをする場合;及び

(d) カスタマーチームが例えば注文に関する確認等必要に応じてあなたに連絡する場合。

3.3 以下の事項のために、私たちはあなたの同意を得て( あるいは 私たちの合法的利益)あなたの情報を処理する。

(a) あなたに直接情報を送ったり、あなたに対して私たちのサービスプロモーションをしたり、または私たちのサービスの最新情報を届ける場合

(b) あなたが興味ある内容を送信し、新しい機能あるいはサービスを紹介する場合。

3.4 合理的な理由(私たちの合法的な利益)により情報処理を行う場合がある、例えば、サービスの改善のために情報を利用する場合がある。以下の場合:

(a) お客様が期待するサービスの有効性と品質の改善のため。

(b) 私たちあるいは私たちのパートナーである飲食店、広告会社があなたにコンテンツを送信する場合、例えば、あなたが提供した位置情報によりその周辺の飲食店を提案するとき。

(c) カスタマーチームが有効に問題の解決あるいは苦情の処理のためにお客様から情報提供を求めるとき。

(d) 私たちのサービスに関する意見及びフィードバックを求めるとき。かつ、サービス地域の拡大を含む、私たちのサービスに関する如何なる重大な変化あるいは進展に関してあなたに通知するとき。

(e) あなたのプラットフォームにおける情報を私たちのサービスの改善のために利用し、かつ詐欺防止のために役に立てるとき。

(f) あなたとの間の如何なる契約の履行あるいは抗弁権の行使、かつハングリーパンダ、飲食店、ドライバーあるいはその他第三者の権利(例えば詐欺防止)保護のとき。また

(g) あなたのプラットフォーム及びサービスに関するコメント、フィードバックをプラットフォーム及びプロモーションにおいて使用させていただく場合がある。その際、私たちはあなたの氏名と所在都市によってしか識別できない。

(h) 私たちは合法的な利益により個人情報を取り扱う際、私たちは「利益衡量テスト」( balancing test )を行い、私たちの処理は必要不可欠であり、かつ私たちの合法的な利益があなたのプライバシーに優越しないことを確認する。利益衡量テストに関するより詳細な情報を知りたい場合、上記の連絡先にご連絡ください。

3.5 私たちが 法的義務 によって以下の場合に個人情報を利用する。

(a) あなたの注文を作成し、その記録を保存する場合

(b) 私たちが遵守するいかなる法律あるいは当局の要求があった場合。

 

4. プロモーション及び通信

4.1 私たちの合法的な利益が許す、あるいは法律が要求する、あるいはあなたの事前同意がある場合、私たちは個人情報を利用してマーケティング分析を行い、かつ私たちの製品あるいはサービスのプロモーション情報を送信する。

4.2 届いたプロモーション情報の文末の「購読取消」によってプロモーション情報の送信を拒否することができる。

 

5. 個人情報の保存

5.1 私たちが必要とする期限を超えて個人情報を保存はしない。

5.2 「情報の利用方法と目的」のため、収集した情報は長時間保存することが私たちの合法的な利益に合致しており、あるいは例えば、当局に報告する目的で法令が要求する期間内において保存する。

5.3 以下の要素を考慮して保存期間を確定する。

(a) 情報に関する契約における権利義務

(b) 法令に基づき、法令の要求する期間内において保存

(c) 法令によって訴訟時効

(d) 利益衡量テストによる合法的な利益(「情報の利用方法」を参照)

(e) (現在あるいは潜在的)紛争。

(f) 如何なる(現在あるいは潜在的)法的紛争の申し立て、行使あるいは主張

(g) データ保護関連当局のガイドライン

私たちが情報を収集する目的が情報を必要としなくなり次第、安全に削除する。

 

6. 情報の開示と共有

私たちは、他のユーザーとの情報共有あるいは依頼に応じて、情報共有が必要なものがあります。

私たち は、以下のようなデータを共有することがあります。

6.1 他のユーザーとの共有

これには次の情報の共有が該当します

(a) 注文品受取人の名前、配達先住所、注文情報を、レストランパートナーまたは販売業者と共有し、注文品の配達の場合は配達担当者と共有する。また、法律で義務付けられている範囲で、評価またはフィードバックなどの情報を、レストランパートナーや販売業者と共有する場合があるほか、注文品の配達については配達担当者と共有する場合があります。

(b) ドライバーおよび配達担当者の場合、私たち は名前や写真を含む次の情報を乗客、注文品受取人、レストランパートナーまたは販売業者と共有する場合があります。車両メーカー、モデル、色、ナンバープレート、車両の写真。位置情報(移動前および移動中)、ユーザーが提供する平均評価、乗車/配達の合計数、ドライバーや配達担当者として登録してからの期間、連絡先情報、ドライバーまたは配達担当者のプロフィール(過去のユーザーが送信した好意的なコメントやその他のフィードバックを含む)。

6.2 ユーザーの要求による共有

これには、次の対象者とのデータ共有が該当します。

(a) ユーザーの要求による第三者との共有。 たとえば、ユーザーから要求を受けた場合に、私たち がユーザーのオーダー情報を友人と共有することや、ユーザーが友人と料金を割り勘する場合にユーザーのオーダー情報を友人と共有することがあります。

(b) 私たち のビジネスパートナーとの共有。 たとえば、第三者による提携やプロモーションを介してユーザーがサービスを依頼した場合に、私たち が特定のデータを当該の第三者と共有することがあります。これには、私たち の API と統合される他のサービス、プラットフォーム、アプリまたはウェブサイトまたはサービス、私たちが統合する API またはサービスを有するもの、またはプロモーション、コンテスト、専門サービスに関連するレストラン、販売業者、他の 私たち ビジネスパートナーとそのユーザーなどが該当します。

(c) 緊急サービス:私たち は、緊急時や特定のインシデント発生時に、ユーザーが警察、消防隊、救急隊とデータを共有できる機能を提供します。

6.3 一般市民との共有

私たち のブログ、ソーシャルメディアのページなど、一般に開かれた情報発信の場を通して送信されたユーザーからの質問やコメントは、それらに含まれるデータを含め、一般に閲覧可能になる場合があります。

6.4 ハングリーパンダのサービス提供者およびビジネスパートナーとの共有

次のような方法です。

(a) 支払い処理業者および仲介業者

(b) 身元確認と本人確認を提供する事業者

(c) クラウドストレージサービスを提供する事業者

(d) Google(私たち アプリにおいて Google マップの使用に関連)(データの収集と使用に関する情報については、Google のプライバシーポリシーをご覧ください)

(e) Facebook および TikTok などのソーシャルメディア企業(私たち のアプリとウェブサイトにおいて 私たち がそれらのツールを使用することに関連)(データの収集と使用に関する情報については、Facebook のプライバシーポリシーおよび TikTok のプライバシーポリシーをご覧ください)

(f) ソーシャルメディア広告サービス、広告ネットワーク、第三者のデータ提供事業者、ユーザーに連絡してユーザーへの理解を深め、広告効果を測定するその他のサービス提供事業者を含む、マーケティングパートナーおよびマーケティングプラットフォームを提供する事業者

(g) 私たち との業務提携、または 私たち の代理としてアンケート調査やリサーチプロジェクトを実施するリサーチパートナー

(h) 私たち アプリやサービスの安全性とセキュリティの向上を目的として 私たち を支援するベンダー

(i) コンサルタント、弁護士、会計士およびその他のサービスを提供する専門職

(g) 空港

(k) Lime など、私たち アプリでレンタル可能な自転車やスクーターの提供事業者

(l) フリートおよびレンタルパートナーを含む、第三者の車両提供事業者

6.5 法的理由または紛争発生時の共有

私たち は、適用法、規制、営業許可または契約、法的手続きまたは政府の要請により必要とされる場合、または安全や類似の問題により開示が適切と思われる場合に、ユーザーのデータを共有することがあります。

6.6 同意に基づいた共有

私たち は、本通知に記載がない場合でも、情報共有についてユーザーに通知し、ユーザーがこれに同意することを条件として、ユーザーのデータを共有できます。

 

7. 支払処理

7.1 あなたの支払情報は SSL 技術によって暗号化されたうえ、インターネット経由で届く。プラットフォームにおける支払は、アリペイ、Worldpay,Stripe ConnectあるいはHungry PandaはそのたFCA管理下のPayment Gateway sを経由する場合がある。あなたはクレジットカードあるいはプリペイドカードによって支払うことができる。支払う際に提供された支払い情報は私たちの支配下ではなく、支払い処理者のプライバシーポリシーに従って処理される。

 

8. 安全

8.1 私たちは最善の技術及び政策によってあなたの情報の安全を確保する。いかなる支払情報も SSL 技術によって暗号化される。

8.2 私たちは、あなたの情報が権限ないものによってアクセスされ、違法処理され、また紛失、棄損しないように保護措置を講ずる。

8.3 アクセスに関するパスワードを慎重に保管し、いかなる者とも共有しないでください。

8.4 インターネット経由で転送される情報安全は確実なものではないことにご注意ください。私たちは情報保護措置を講じるが、あなたがインターネットにアップデートしたデータの安全を保障するものではない。情報のアップデートに関するリスクは自己責任となる。情報がいったん私たちに届いたら、私たちは厳格な安全機能を以て権限のないアクセスを防止する。

 

9. あなたの権利

9.1 データ保護関連法令によって特定の情況においてあなたはデータに関する多くの権利を有する。あなたが権利行使する場合、上記の連絡先を通じて私たちのDPOに連絡してください。あなたの行使できる権利は以下のとおりである。

(a) 知る権利。 あなたは、自らの情報の利用状況に関して知る権利がある。

(b) アクセス権 。 あなたは自らの情報にアクセスする権利を有する。アクセス希望する場合、私たちに連絡ください。

(c) 更正権 。 あなたの情報が不完全あるいは不正確な場合、更正を要求する権利がある。私たちに連絡ください。

(d) 削除権 。 「忘れられる権利」ともいう。私たちが有するあなたの情報に関して削除を要求する権利をいう。

(e) 処理を制限する権利 。 あなたは情報の更なる処理を「阻止」し、「禁止」する権利を有する。処理を制限する権利を行使した場合、私たちはあなたの情報を保存するが、さらに処理行為をしない。

(f) データ携帯権 。 あなたは、アクセスして自分の権利を取得する権利を有する。取得した情報をほかの商品あるいはサービス提供者に対して使用することができる。ただし、例外もあることにご注意ください。

(g) 苦情 。 個人情報の取扱に関して、あなたはデータ保護関連機関に苦情する権利がある。

(h) 同意の撤回権 。 あなたは、私たちの個人情報に対する取扱に関する同意をいつでも撤回することができる。ただし、撤回するまでの個人情報の利用は違法とならない。

(i) 拒絶権 。 直接営業情報の送信及び分析等を含み、あなたは個人情報に関する特定の類型の利用を拒否することができる。

9.2 私たちの対応にご満足できない場合、現地のデータ保護機関にご相談してください。

 

10. 連絡先

以下のメールアドレスでご連絡ください。

[email protected]

 

11. 改訂

当プライバシーポリシーに関するすべての改訂はホームページまたは APP に公布する。当プライバシーポリシーの直近の改訂は2023年4月10日である。

1. Contact Details

1.1 This is the privacy policy for the HungryPanda app and website (together, our "Platform") operated by HungryPanda (NZ) Limited ("we" or "us" or "Hungry Panda"), incorporated and registered in New Zealand, whose registered office is at Level 10, Zurich House, 21 Queen Street, Auckland, 1010, New Zealand.

1.2 If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please contact our general customer services team at: [email protected]

This policy, together with the Terms and Conditions, sets out

·How we collect your information

·How & why we use your information

·Our promotional updates and communications

·Retention of your information

·Disclosure of your information

·International data transfers

·Payment processing

·Security

·Your rights

·Changes to our privacy policy

1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.4 By using our services you acknowledge you have read and understood this policy.

 

2. How we collect your information

2.1 As part of our commitment to the privacy of our customers and visitors to our Platform more generally, we want to be clear about the sorts of information we will collect about you.

2.2 We collect your personal information when you interact with us or use our services, such as when you use our Platform to place an order. We also look at how visitors use our Platform, to help us improve our services and optimise customer experience.

We collect information:

(a)when you create an account with us or you change your account settings;

(b)when you place an order with us and during the order process (including for payment and order delivery);

(c)when you contact us directly via email, phone, post, message or via our chat function; and

(d)when you browse and use our Platform (before and after you create an account with us).

2.3 Information that we collect from you

(a)When you visit the Platform or make an order through the Platform, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information, any further information you provide when placing an order.

(b)We also collect information about you from any messages you post to the Platform or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes and make notes in relation to your call.

(c)We process health information about you, on the basis of your consent, only where you volunteer this information when placing an order, for example if you specify any food allergies. This will be visible to the restaurant when fulfilling your order but will not be used for any further purposes.

2.4 Information we automatically collect

(a)We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Platform.

(b)We also collect technical information about your use of our Platform through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers.

(c)Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any HungryPanda mobile application, through your mobile's browser or otherwise.

2.5 With your permission, we will collect your pictures, photos, etc. These pictures, photos, etc. will be used in the following ways:

(a) When you register your account you will need to upload pictures, photos to set your avatar, homepage information, etc.

(b) After an order is completed, you may upload pictures of products for evaluation.

(c) You will need to use them in communication with others such as customer service.

(d) Other situations where not using pictures, photos will affect our ability to provide you with services.

 

3. How & why we use your information

3.1 We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information:

(a)if we need to process your information in order to provide you with the service you have requested or to enter into a contract;

(b)we have your consent;

(c)we have a justifiable reason, which is in our legitimate interests, for processing your data; or

(d)we are under a legal obligation to do so.

3.2 Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:

(a)to enable us to provide you with access to the relevant parts of the Platform;

(b)to supply the services you have requested;

(c)to enable us to collect payment from you; and

(d)to contact you where necessary concerning our services, such as to resolve issues you may have with your order.

3.3 We may process your date with your consent (or, in certain circumstances, in our legitimate interests) to:

(a)send you direct marketing to promote our service to you and keep you updated with information about our services,

(b)including delivering relevant content on topics we think may be of interest to you, and letting you know about new functionalities or services.

3.4 We also process your data where we have a justifiable reason, which is in our legitimate interests, for doing so — for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:

(a)to improve the effectiveness and quality of service that our customers can expect from us in the future;

(b)to tailor content that we or our third-party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area based on where you tell us you are;

(c)to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

(d)to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

(e)to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

(f)to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of HungryPanda, restaurant partners, riders, or others (including to prevent fraud); and

(g)if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.

(h)Where we rely on legitimate interest as a basis for processing your personal information, we carry out a 'balancing test' to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.

3.5 Where we are under a legal obligation to do so we may use your information to:

(a)Create and store a record of your order(s);

(b)comply with any legal obligation or regulatory requirement to which we are subject.

 

4. Our promotional updates and communications

4.1 Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products or services.

4.2 You can object to further marketing at any time by selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you.

 

5. Retention of your information

5.1 We will not retain your information for any longer than we think is necessary.

5.2 Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the 'How & why we use your information' section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

5.3 When determining the relevant retention periods, we will consider factors including:

(a)our contractual obligations and rights in relation to the information involved;

(b)legal obligation(s) under applicable law to retain data for a certain period of time;

(c)statute of limitations under applicable law(s);

(d)our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);

(e)(actual or potential) disputes;

(f)the establishment, exercise or defence of any (actual or potential) legal claim; and

(g)guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

 

6. Disclosure of your information

6.1 The information we collect about you will be transferred to and stored on our servers located within New Zealand. We are very careful and transparent about who else your information is shared with.

6.2 Sharing your information internally

We share your information with other HungryPanda group companies only where necessary for the purposes set out in section 4.

6.3 Sharing your information with third parties

We share your information with third party service providers. The types of third party service providers whom we share your information with includes:

(a)Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

(b)IT service providers (including cloud providers): for the purposes of data storage and analysis;

(c)Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;

(d)Riders: so they can deliver your order to you;

HungryPanda will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

6.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

6.5 We may also share your information:

(a)if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

(b)in order to enforce our contractual terms with you and any other agreement;

(c)to protect the rights of HungryPanda, restaurant partners, riders, or others, including to prevent fraud.

 

7. Where we store your data & international data transfers

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside New Zealand that may not be subject to equivalent Data Protection Law.

7.2 Where your information is transferred outside New Zealand, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

7.3 We may transfer your personal information outside New Zealand:

(a)in order to store it.

(b)in order to enable us to provide goods or services and fulfil our contract with you or the company you work for. This includes order fulfilment, processing of payment details, and the provision of support services.

(c)where we are legally required to do so.

(d)as part of normal application operation and processing.

(e)in order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

 

8. Payment processing

8.1 Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Platform are made through our payment gateway provider(s), Alipay, Worldpay, Stripe Connect or such other FCA-regulated third-party payment gateways as Hungry Panda may work with from time to time through our Platform ("Payment Gateway(s)"). You will be providing credit or debit card information directly to a Payment Gateway(s) which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to any Payment Gateway(s) is not within our control and is subject to each Payment Gateway(s)'s own privacy policy and terms and conditions.

 

9. Security

9.1 We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. Any payment transactions will be encrypted using SSL technology.

9.2 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

9.3 Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

9.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

10. Your rights

10.1 Under data protection law, you may in certain circumstances have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below:

(a)The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we're providing you with the information in this policy.

(b)The right of access. You have the right to obtain access to your information (if we're processing it). This will enable you, for example, to check that we're using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).

(c)The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).

(d)The right to erasure. This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).

(e)The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.

(f)The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).

(g)The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.

(h)The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.

(i)The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences as set out above.

 

11. Contact Us

We welcome your feedback and questions. If you would like to contact us, please send us an email at [email protected].

 

12. Changes to our privacy policy

Any changes to our privacy policy will be posted to the Sites and APPs. This privacy policy was last updated: 9 October 2020

1. 概述

1.1 这是由 HUNGRYPANDA LTD(“我们”或“Hungry Panda”)运营的 HungryPanda 应用程序和网站(统称为“平台”)的隐私政策,该公司在英格兰和威尔士成立并注册,其注册办事处地址:Kingsway House, 103 Kingsway, London, United Kingdom, WC2B 6QX。公司注册号为10175799。增值税号为279 6640 51。

1.2 在 Hungry Panda,我们尊重所有与我们互动的个人的隐私,并且我们致力于对我们收集和使用的个人数据负责且透明。我们只会根据英国不时生效的所有适用数据保护和隐私立法(包括保留的欧盟法律版本的《通用数据保护条例》((EU) 2016/697))规定的义务来处理个人数据( “GDPR”)、《2018 年数据保护法》(“DPA 2018”)(以及据此制定的法规)或任何后续立法,以及不时生效且适用于与使用有关的一方的所有其他立法和监管要求个人数据(包括但不限于电子通信隐私)(统称为“数据保护法”)。

1.3Hungry Panda 在英国数据保护监管机构信息专员办公室维护的数据控制者公共登记册上注册。如果您对本隐私政策或我们如何更广泛地处理您的数据有任何疑问或请求,请通过以下方式联系我们的一般客户服务团队:支持@hungrypanda.co或我们的数据保护官: 法律@hungrypanda.co。

1.4 本政策以及我们的条款和条件规定

  • 我们如何收集和使用您的个人数据
  • 我们的促销更新和通讯
  • 保留您的个人数据
  • 披露您的个人数据
  • 国际数据传输
  • 安全
  • 您的权利
  • 联系方式
  • 我们的隐私政策的变更

1.5 请仔细阅读以下内容,以了解我们对您的个人数据的看法和做法以及我们将如何处理您的个人数据。

1.6 使用我们的服务即表示您承认您已阅读并理解本政策。

 

2.我们如何收集和使用您的个人数据

2.1 作为我们对平台用户隐私的承诺的一部分,我们希望明确我们从您那里收集的数据,并对我们如何使用您的个人数据保持透明。

2.2 当您与我们互动或使用我们的服务时,我们会收集您的个人数据,例如:

(a) 当您在我们这里创建帐户或更改您的帐户设置时;

(b) 当您向我们下订单时以及在订单处理过程中(包括付款和订单交付);

(c) 当您通过电子邮件、电话、信件、消息或通过我们的聊天功能直接联系我们时;和

(d) 当您浏览和使用我们的平台时(在我们创建帐户之前和之后)。

2.3 只有在数据保护法规定有正当理由的情况下,我们才会处理您的个人数据。我们将有合法依据处理您的信息:

(a) 如果我们需要处理您的信息以便向您提供您所请求的服务或签订合同;

(b) 我们已征得您的同意;

(c) 我们有正当理由处理您的数据,且符合我们的合法利益;或者

(d) 我们有这样做的法律义务。

2.4 当您访问我们的平台或通过我们的平台下订单时,您需要提供有关您自己的信息,包括您的姓名、联系方式(手机号码或电子邮件地址)、送货地址、订单详细信息。这些是我们收集和使用的基本个人数据(“基本数据”),以履行我们对您的合同义务(即使用您的联系方式将您在我们平台上订购的食物交付给您)。

2.5 当您通过我们的平台下订单时,我们还会收集和处理有关您的健康信息(例如过敏或饮食要求)。这些是特殊类别的个人数据(“特殊数据”),只有在您明确同意的情况下,我们才会处理这些数据;即在我们的平台上下订单时自愿提供这些信息。我们不保留特殊数据;我们只会根据我们对您的法律和合同义务处理特殊数据(即根据您的订单规格告知餐厅您的饮食要求)。

支付信息

2.6 我们不直接处理您的任何财务数据。当通过我们的平台支付订单时,您将被重定向至我们的合作第三方支付提供商(例如 PayPal、Stripe、Barclays、支付宝、Worldpay 或 Hungry Panda 等其他受 FCA 监管的第三方支付网关)可能会不时工作)安全平台。这些第三方支付提供商将严格按照相关支付卡行业标准处理您的个人数据。您向任何第三方支付提供商提供的个人数据不在我们的控制范围内。

自动交互

2.7 当您与我们的平台互动时,我们可能会使用 cookie 和其他类似技术自动从您的设备收集信息。处理此类信息对于我们追求改善服务和优化客户体验的合法利益是必要的。我们的服务个性化的示例,包括处理数据以使您更轻松、更快速地下订单。举个例子:

(a) 我们从您的移动设备或计算机收集技术信息,例如其操作系统、设备和连接类型以及您访问我们平台的 IP 地址。

(b) 我们还收集有关您通过移动设备使用我们平台的技术信息,例如运营商、位置数据和性能数据(例如移动支付方式)、与其他零售技术的交互(例如使用 NFC 标签、二维码和/或使用移动优惠券。

개인정보 처리방침

헝그리판다코리아 주식회사(이하 ‘회사’라고 합니다)는 이용자의 개인정보를 안전하게 관리하고 있으며, 이용자가 언제든지 쉽게 확인할 수 있도록 개인정보 처리방침을 공개하고 있습니다.

1. 개인정보의 수집 ∙ 이용

2. 개인정보 보유 ∙ 이용 기간

3. 개인정보처리의 위탁

4. 개인정보 제3자 제공

5. 이용자 및 법정대리인의 권리 ∙ 의무 및 행사방법

6. 아동의 개인정보보호

7. 개인정보 자동 수집 장치의 설치 ∙ 운영 및 거부

8. 개인정보의 파기

9. 개인정보의 안전성 확보조치

10. 링크 사이트

11. 의견수렴 및 불만처리

12. 개인정보보호책임자

13. 고지의 의무

개인정보의 수집 ∙ 이용

① 회사가 제공하는 서비스는 별도의 회원가입 절차 없이 자유롭게 컨텐츠에 접근할 수 있습니다. 회사의 회원제 서비스 이용을 위해 수집 ∙ 이용하는 개인정보는 다음의 목적 이외의 용도로는 이용되지 않으며, 목적 변경 시 별도의 동의를 받는 등 필요한 조치를 이행합니다.

 

구분 수집 ∙ 이용 목적 수집 ∙ 이용항목
회원 가입 회원 가입의사 확인, 회원제 서비스 이용을 위한 제한적 본인확인, 불만 처리 등 원활한 의사소통 경로의 확보, 서비스 부정이용 방지, 계약이행을 위한 각종 고지 ∙ 통지 ∙ 안내, 통계 ∙ 분석 [e-mail 가입]
(필수) 이메일 주소, 비밀번호, 휴대전화번호
(선택) 닉네임
[SNS 회원가입 - 네이버]
(필수) 이메일 주소, 휴대전화번호
(선택) 별명, 생일, 성별, 연령대
[SNS 회원가입 – 카카오톡]
(필수) 이메일 주소, 휴대전화번호
(선택) 닉네임, 생일, 연령대, 성별
[SNS 회원가입 – Apple]
(필수) 이메일 주소
(선택) 이름
주문 주문 관리, 배달 주소 및 연락처 확인, 민원 응대, 서비스 이용에 대한 리뷰 작성 권유, 서비스 이용 만족도 조사 (필수) 수령인 정보(휴대전화번호, 주소)
* 포장 주문 시 주소 제외
본인확인 주문/쿠폰/멤버십(슈퍼클럽) 등 서비스 제공을 위한 이용자 본인확인, 주류구매 성인인증, 서비스 부정이용 방지 [휴대전화 본인인증]
(필수) 휴대전화번호, DI, 생년월일, 성별, 내/외국인 여부
주변 맛집 검색 배달 주소 설정 및 주변 맛집 검색 서비스 제공 (선택) 개인위치정보
식품 이물 발견 신고 배달 앱 업체 이물 통보 대리 신고 (필수) 성명, 연락처, 주소
민원처리 1대1 고객 상담, 상담 ∙ 불만 ∙ 분쟁 처리시 개인 식별, 후속 응대 및 처리 [상담톡 이용 시]
(필수) 카카오톡 이용자 식별값, 휴대폰번호, 회원아이디(이메일주소), 상담내역
[콜센터 이용 시]
(필수)휴대폰번호, 회원아이디, 상담내역(녹취 포함)
자동 생성 정보 서비스 부정이용 방지, 개인정보유효기간제 준수 (필수) 서비스 이용 기록, 접속 로그, 쿠키, 접속 IP 주소, 기기정보(모델명, OS 버전)
마케팅 ∙ 광고 이벤트 및 혜택 알림 정보 등 마케팅 ∙ 광고 활용, 서비스/신상품이나 이벤트 정보 안내, 이벤트 경품 배송 (선택) 이메일 주소, 휴대전화번호, 주소

② 개인정보 수집 방법

a. 회원가입 및 서비스 이용 과정에서 이용자가 개인정보 수집에 대해 동의를 하고 직접 정보를 입력하는 경우, 해당 개인정보를 수집합니다.

b. 고객센터를 통한 상담 과정에서 웹 페이지, 메일, 팩스, 전화 등을 통해 이용자의 개인정보가 수집될 수 있습니다.

c. 회사와 제휴한 외부 기업이나 단체로부터 개인정보를 제공받을 수 있으며, 이러한 경우에는 제휴사에서 이용자에게 개인정보 제공 동의를 받은 후 수집합니다.

③ 서비스 이용과정에서 이용자에게 최적화된 맞춤형 광고 서비스 및 혜택을 제공하기 위해 아래와 같이 행태정보가 수집 및 이용됩니다. 이 과정에서 행태정보는 개인식별정보와 결합하여 이용되지 않습니다.

 

행태 정보의 수집 및 처리광고 사업자 헝그리판다 코리아
수집하는 행태정보의 항목 이용자의 음식점 주문 이력
행태정보 수집 방법 이용자가 앱 서비스 이용 시 생성되는 정보 자동 수집
행태정보 수집 목적 이용자 관심 기반의 맞춤형 광고 서비스 제공
행태정보 보유 ∙ 이용 기간 및 이후 정보처리 방법 이용기간은 1년 미만이며, 이후에는 관련 법령에서 규정하고 있는 거래 관계 확인 목적만을 위하여 보유 ∙ 이용됩니다.
이용자 통제권 행사 방법 헝그리판다 앱 『헝그리판다』 > 설정에서 『요타임딜 추천 받기』 설정
이용자 피해구제 방법 담당부서: 헝그리판다 코리아 마케팅부서
E-mail: [email protected]

④ 귀하의 허락하에 귀하의 사진, 사진 등을 수집합니다. 이러한 사진, 사진 등은 다음과 같은 방법으로 사용됩니다.

a. 계정을 등록할 때 사진, 아바타 설정을 위한 사진, 홈페이지 정보 등을 업로드해야 합니다.

b. 주문이 완료된 후 평가를 위해 제품 사진을 업로드할 수 있습니다.

c. 고객 서비스와 같은 다른 사람과의 통신에 사용해야 합니다.

d. 사진을 사용하지 않는 기타 상황, 사진은 귀하에게 서비스를 제공하는 능력에 영향을 미칩니다.

개인정보 보유 ∙ 이용 기간

① 회사는 이용자로부터 개인정보 수집 시에 동의 받은 보유 ∙ 이용기간 내에서 개인정보를 처리 ∙ 보유합니다.

a. 회원 정보: 회원탈퇴 후 90 일까지(단, 전자상거래 등에서의 소비자보호에 관한 법률 등 관련 법령의 규정에 따라 거래 관계 확인을 위한 소비자 식별정보(휴대전화번호, DI)는 5년 간 보관 후 파기)
* 회원 탈퇴 또는 회원 자격 정지 후 회원 재가입, 임의 해지 등을 반복적으로 행하여 회사가 제공하는 할인쿠폰, 이벤트 혜택 등으로 경제상의 이익을 취하거나 이 과정에서 명의를 무단으로 사용하는 등 편법 행위 또는 불법행위를 하는 회원을 차단하고자 회사는 회원 탈퇴 후 90 일 간 회원의 정보를 보유합니다.

b. 식품 이물 발견 신고: 이물 통보 완료 시까지

c. 법령 위반에 따른 수사 ∙ 조사 등이 진행중인 경우에는 해당 건 종료 시까지

d. 서비스 이용에 따른 채권 ∙ 채무관계 정산 시까지

② 1 년 간 회원의 서비스 이용 기록이 없는 경우, 『개인정보 보호법』 제39조의6에 근거하여 회원에게 사전 통지하고 휴면계정으로 전환합니다. 또한, 휴면계정의 개인정보는 다른 이용자의 개인정보와 분리하여 5년 간 별도 저장, 관리 됩니다.
단, 전자상거래 등에서의 소비자보호에 관한 법률 등 관련 법령의 규정에 따라 거래 관계 확인을 위해 개인정보를 일정기간 보유합니다.

 

법령 항목 기간
전자상거래 등에서의 소비자보호에 관한 법률 계약 또는 청약철회 등에 관한 기록 5년
대금결제 및 재화 등의 공급에 관한 기록 5년
소비자의 불만 또는 분쟁 처리에 관한 기록 3년
표시/광고에 관한 기록 6개월
위치정보의 보호 및 이용 등에 관한 법률 개인위치정보에 관한 기록 6개월
전자금융거래법 전자금융 거래에 관한 기록 5년
통신비밀보호법 서비스 이용 관련 개인정보(로그기록, 접속지 정보 등) 3개월

③ 회사는 위탁계약 체결 시 위탁업무 수행 목적 외 개인정보 처리 금지, 기술적 ∙ 관리적 보호조치, 재 위탁 제한, 수탁자에 대한 관리 ∙ 감독, 손해배상 등 책임에 관한 사항을 계약서 등 문서에 명시하고, 수탁자가 개인정보를 안전하게 처리하는지를 감독하고 있습니다.

④ 위탁 업무의 내용이나 수탁자가 변경될 경우에는 지체없이 본 개인정보 처리방침을 통하여 공개하도록 하겠습니다.

개인정보 제3자 제공

① 회사는 이용자의 개인정보를 명시한 범위 내에서만 처리하며, 정보주체의 동의, 법률의 특별한 규정에 해당하는 경우에만 개인정보를 제3자에게 제공합니다.

② 회사는 다음과 같이 개인정보를 제3자에게 제공하고 있습니다.

a. 음식점

개인정보를 제공받는 자 제휴 음식점(리스트)
제공받는 자의 개인정보 이용 목적 주문 관리, 음식 배달 서비스 제공, 민원 응대
제공하는 개인정보의 항목 주소, 휴대전화번호(안심번호 적용 시 제외)
개인정보 보유 및 이용기간 48시간

b. 배달 대행(음식점 자체 배달 시 제외)

개인정보를 제공받는 자 헝그리판다 코리아
제공받는 자의 개인정보 이용 목적 음식 배달 서비스 제공
제공하는 개인정보의 항목 주소, 휴대전화번호(안심번호 적용 시 제외)
개인정보 보유 및 이용기간 제공 목적 달성 후 지체없이 파기(단, 관련 법령에 따라 보관이 필요한 경우 해당기간까지 보관)

③ 배달서비스 등 제휴서비스 제공을 위하여 이용자 동의 후 본조 제2항 기재 제3자에게 개인정보를 제공합니다.

④ 회사 서비스의 특성 상 수시로 발생하는 서비스 제공업체와의 제휴로 인하여 “제공 받는 자” 관련 개인정보 처리방침 개정이 어려우므로, 서비스 제공 업체를 위 표 내 제휴사 리스트 부분에 링크하여 안내합니다.

이용자 및 법정대리인의 권리 ∙ 의무 및 행사방법

① 이용자는 회사에 대해 언제든지 다음 각 호의 개인정보 보호 관련 권리를 행사할 수 있습니다.

a. 개인정보 열람 요구

b. 오류 등이 있을 경우 정정 요구

c. 삭제 요구

d. 처리 정지 요구

② 위 권리 행사는 회사에 대해 서면, 전화, 전자우편, 모사전송(FAX) 등을 통하여 하실 수 있으며 회사는 내부 절차에 따라 영업일 10 일 이내 처리하도록 하겠습니다. (단, 관련 법령에 따라 일정기간 보관이 필요한 정보는 제외)

③ 이용자가 개인정보의 오류 등에 대한 정정 또는 삭제를 요구한 경우에는 회사는 정정 또는 삭제를 완료할 때까지 당해 개인정보를 이용하거나 제공하지 않습니다.

④ 위 권리 행사는 이용자의 법정대리인이나 위임을 받은 자 등 대리인을 통하여 하실 수 있습니다. 이 경우, 법정대리인은 이용자의 모든 권리를 가집니다.

⑤ 이용자는 정보통신망법, 개인정보보호법 등 관계법령을 위반하여 회사가 처리하고 있는 이용자 본인이나 타인의 개인정보 및 사생활을 침해하여서는 안됩니다.

⑥ 이용자의 개인정보 열람, 정정, 탈퇴는 『마이헝그리판다』를 통해서도 언제든 가능합니다.

⑦ 회원탈퇴는 『마이헝그리판다』 > 『회원탈퇴』를 클릭하거나 개인정보보호책임자에게 팩스, 우편, 고객센터, 전화 등으로 연락하시면 회원탈퇴 신청 시점으로부터 90 일 동안 재가입 방지를 위한 개인정보 보유 이후 개인정보의 삭제 등 필요한 조치를 하겠습니다.

⑧ 이용자는 개인정보를 최신의 상태로 정확하게 입력 또는 회사에 통보하여 불의의 사고가 발생하지 않도록 예방해야 합니다.

⑨ 이용자가 제공 또는 입력한 정보가 부정확함으로 인해 발생하는 사고의 책임은 이용자에게 있으며, 타인 정보의 도용 등 허위정보를 입력할 경우 헝그리판다 서비스 제공이 중단될 수 있습니다.

⑩ 이용자는 개인정보를 보호받을 권리와 함께 스스로를 보호하고 타인의 정보를 침해하지 않을 의무를 가지고 있으며, 이용자의 개인정보가 유출되지 않도록 조심하고, 타인의 개인정보를 훼손하지 않도록 유의해야 합니다. 만약 이 같은 책임을 다하지 못하고 타인의 정보 및 존엄성을 훼손할 시에는 「정보통신망 이용촉진 및 정보보호 등에 관한 법률」, 「개인정보보호법」 등에 의해 처벌받을 수 있습니다.

아동의 개인정보보호

회사는 만 14세 미만 아동의 개인정보를 보호하기 위하여, 만 14세 미만 아동의 회원가입은 제한합니다.

개인정보 자동 수집 장치의 설치 ∙ 운영 및 거부

① 회사 서비스 이용 시 자동적으로 쿠키, IP 주소 등 서비스 이용 기록 및 접속 기기 정보가 생성되어 수집될 수 있습니다.

② 쿠키의 사용 목적

a. 접속빈도 또는 머문 시간 등을 분석하여 이용자의 취향과 관심분야를 파악하여 타겟(target) 마케팅에 활용

b. 회원들의 습관을 분석하여 서비스 개편 등의 척도

c. 게시판 글 등록 쿠키는 브라우저의 종료시나 로그 아웃 시 만료

③ 쿠키 설정 거부 방법

a. 이용자는 쿠키 설치에 대해 거부할 수 있습니다. 단, 쿠키 설치를 거부하였을 경우 로그인이 필요한 일부 서비스의 이용이 어려울 수 있습니다.

b. 설정방법(IE 기준): 웹 브라우저 상단의 도구 > 인터넷 옵션 > 개인정보 > 사이트 차단

개인정보의 파기

① 회사는 개인정보 보유기간의 경과, 처리 목적 달성 등 개인정보가 불필요하게 되었을 때에는 지체없이 개인정보를 파기합니다.

② 이용자로부터 동의 받은 개인정보 보유기간이 경과하거나 처리 목적이 달성되었음에도 불구하고 다른 법령에 따라 개인정보를 계속 보존하여야 하는 경우에는, 해당 개인정보를 별도의 데이터베이스(DB)로 옮기거나 보관장소를 달리하여 보존합니다.

③ 회사는 전자적 파일 형태로 기록 ∙ 저장된 개인정보는 기록을 재생할 수 없도록 기술적 또는 물리적 방법으로 파기하며, 종이 문서에 기록 ∙ 저장된 개인정보는 분쇄기로 분쇄하거나 소각하여 파기합니다.

개인정보의 안전성 확보조치

① 회사는 이용자의 개인정보를 취급함에 있어 개인정보가 분실, 도난, 누출, 변조 또는 훼손되지 않도록 안전성 확보를 위하여 다음과 같은 보호조치를 이행하고 있습니다.

② 기술적 보호조치

a. 이용자의 개인정보는 비밀번호에 의해 보호되며 파일 및 전송데이터를 암호화하거나 파일 잠금 기능(Lock)을 사용하여 중요한 데이터는 별도의 보안기능을 통해 보호되고 있습니다.

b. 회사는 백신프로그램을 이용하여 컴퓨터바이러스에 의한 피해를 방지하기 위한 조치를 취하고 있습니다. 백신프로그램은 주기적으로 업데이트되며 갑작스런 바이러스가 출현할 경우 백신이 나오는 즉시 이를 제공함으로써 개인정보가 침해되는 것을 방지하고 있습니다.

c. 회사는 암호알고리즘을 이용하여 네트워크 상의 개인정보를 안전하게 전송할 수 있는 보안장치(SSL)를 채택하고 있습니다.

d. 해킹 등 외부침입에 대비하여 각 서버마다 침입차단시스템 및 취약점 분석시스템 등을 이용하여 보안에 만전을 기하고 있습니다.

③ 관리적 보호조치

a. 회사는 이용자의 개인정보에 대한 접근권한을 최소한의 인원으로 제한하고 있습니다. 그 최소한의 인원에 해당하는 자는 다음과 같습니다.

- 이용자를 직접 상대로 하여 마케팅 업무를 수행하는 자

- 고객의 불만 및 이용문의 처리 업무를 수행하는 자

- 개인정보보호책임자 및 담당자 등 개인정보관리업무를 수행하는 자

- 기타 업무상 개인정보의 취급이 불가피한 자

b. 입사 시 전 직원의 보안서약서를 통하여 사람에 의한 정보유출을 사전에 방지하고 개인정보 처리방침에 대한 이행사항 및 직원의 준수여부를 감사하기 위한 내부절차를 마련하고 있습니다.

c. 개인정보 관련 취급자의 업무 인수인계는 보안이 유지된 상태에서 철저하게 이뤄지고 있으며 입사 및 퇴사 후 개인정보 사고에 대한 책임을 명확화하고 있습니다.

d. 회사는 이용자 개인의 실수나 기본적인 인터넷의 위험성 때문에 일어나는 일들에 대해 책임을 지지 않습니다. 회원 개개인이 본인의 개인정보를 보호하기 위해서 자신의 ID 와 비밀번호를 적절하게 관리하고 여기에 대한 책임을 져야 합니다.

e. 그 외 내부 관리자의 실수나 기술관리 상의 사고로 인해 개인정보의 상실, 유출, 변조, 훼손이 유발될 경우 회사는 즉각 이용자에게 사실을 알리고 적절한 대책과 보상을 강구할 것입니다.

링크 사이트

회사는 이용자에게 다른 회사의 웹사이트 또는 자료에 대한 링크를 제공할 수 있습니다. 이 경우 회사는 외부사이트 및 자료에 대한 아무런 통제권이 없으므로 그로부터 제공받는 서비스나 자료의 유용성에 대해 책임질 수 없으며 보증할 수 없습니다. 회사가 포함하고 있는 링크를 클릭(click)하여 타 사이트(site)의 페이지로 옮겨갈 경우 해당 사이트의 개인정보 처리방침은 회사와 무관하므로 새로 방문한 사이트의 정책을 검토해 보시기 바랍니다.

의견수렴 및 불만처리

① 회사는 이용자의 의견을 소중하게 생각하며, 이용자는 의문사항으로부터 언제나 성실한 답변을 받을 권리가 있습니다.

② 회사는 이용자와의 원활한 의사소통을 위해 고객센터를 운영하고 있으며 연락처는 다음과 같습니다.

 

구분 내용
전자우편 [email protected]
주소 서울특별시 중구 남대문로9길 24,1001,1002호(다동, 패스트파이브타워) 헝그리판다코리아

③ 전자우편을 이용한 상담은 접수 후 성실하게 답변 드리겠습니다. 다만, 근무시간 이후 또는 주말 및 공휴일에는 익일 처리하는 것을 원칙으로 합니다.

④ 기타 개인정보에 관한 상담이 필요한 경우에는 회사의 위 전자우편으로 문의하실 수 있으며, 국가기관에 신고나 상담이 필요한 경우에는 아래의 연락처에 문의하셔서 도움을 받으실 수 있습니다.

 

개인정보침해신고센터 118 / http://privacy.kisa.or.kr/
대검찰청 사이버범죄수사단 02-3480-3571 / http://www.spo.go.kr
경찰청 사이버안전국 182 / https://cyberbureau.police.go.kr/
개인정보분쟁조정위원회 1833-6972 / https://www.kopico.go.kr/

개인정보보호책임자

① 회사는 이용자의 개인정보를 보호하는데 있어 안전하게 보호될 수 있도록 최선을 다하고 있습니다. 개인정보를 보호하는데 있어 이용자께 고지한 사항들에 반하는 사고가 발생할 시에 개인정보보호책임자가 모든 책임을 집니다. 그러나 기술적인 보완조치를 했음에도 불구하고, 해킹 등 기본적인 네트워크상의 위험성에 의해 발생하는 예기치 못한 사고로 인한 정보의 훼손 및 방문자가 작성한 게시물에 의한 각종 분쟁에 관해서는 책임이 없습니다.

② 이용자의 개인정보를 취급하는 책임자 및 담당자는 다음과 같으며 개인정보 관련 문의사항에 신속하고 성실하게 답변해드리고 있습니다.

[개인정보보호책임자]

 

구분 내용
성명 CHEN YU
전자우편 [email protected]

고지의 의무

현 개인정보 처리방침은 정부의 정책 또는 보안기술의 변경에 따라 내용의 추가, 삭제 및 수정이 있을 시에는 개정 최소 7일 전(단, 중요한 내용 변경의 경우 30일 전)부터 회사가 운영 하는 사이트의 '공지'란 또는 이메일을 통해 고지할 것입니다.

- 고지 일자: 2021.03.24

- 시행 일자: 2021.04.01.

1. Contact Details

1.1 This is the privacy policy for the HungryPanda app and website (together, our "Platform") operated by HungryPanda US Inc ("we" or "us" or "Hungry Panda"), incorporated and registered in the state of Delaware, whose registered office is at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex.

1.2 If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please contact our general customer services team at: [email protected]

This policy, together with the Terms and Conditions, sets out

·How we collect your information

·How & why we use your information

·Our promotional updates and communications

·Retention of your information

·Disclosure of your information

·International data transfers

·Payment processing

·Security

·Your rights

·Changes to our privacy policy

1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.4 By using our services you acknowledge you have read and understood this policy.

 

2. How we collect your information

2.1 As part of our commitment to the privacy of our customers and visitors to our Platform more generally, we want to be clear about the sorts of information we will collect about you.

2.2 We collect your personal information when you interact with us or use our services, such as when you use our Platform to place an order. We also look at how visitors use our Platform, to help us improve our services and optimise customer experience.

We collect information:

(a)when you create an account with us or you change your account settings;

(b)when you place an order with us and during the order process (including for payment and order delivery);

(c)when you contact us directly via email, phone, post, message or via our chat function; and

(d)when you browse and use our Platform (before and after you create an account with us).

2.3 Information that we collect from you

(a)When you visit the Platform or make an order through the Platform, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information, any further information you provide when placing an order.

(b)We also collect information about you from any messages you post to the Platform or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes and make notes in relation to your call.

(c)We process health information about you, on the basis of your consent, only where you volunteer this information when placing an order, for example if you specify any food allergies. This will be visible to the restaurant when fulfilling your order but will not be used for any further purposes.

2.4 Information we automatically collect

(a)We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Platform.

(b)We also collect technical information about your use of our Platform through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers.

(c)Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any HungryPanda mobile application, through your mobile's browser or otherwise.

2.5 With your permission, we will collect your pictures, photos, etc. These pictures, photos, etc. will be used in the following ways:

(a) When you register your account you will need to upload pictures, photos to set your avatar, homepage information, etc.

(b) After an order is completed, you may upload pictures of products for evaluation.

(c) You will need to use them in communication with others such as customer service.

(d) Other situations where not using pictures, photos will affect our ability to provide you with services.

 

3. How & why we use your information

3.1 We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information:

(a)if we need to process your information in order to provide you with the service you have requested or to enter into a contract;

(b)we have your consent;

(c)we have a justifiable reason, which is in our legitimate interests, for processing your data; or

(d)we are under a legal obligation to do so.

3.2 Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:

(a)to enable us to provide you with access to the relevant parts of the Platform;

(b)to supply the services you have requested;

(c)to enable us to collect payment from you; and

(d)to contact you where necessary concerning our services, such as to resolve issues you may have with your order.

3.3 We may process your date with your consent (or, in certain circumstances, in our legitimate interests) to:

(a)send you direct marketing to promote our service to you and keep you updated with information about our services,

(b)including delivering relevant content on topics we think may be of interest to you, and letting you know about new functionalities or services.

3.4 We also process your data where we have a justifiable reason, which is in our legitimate interests, for doing so — for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:

(a)to improve the effectiveness and quality of service that our customers can expect from us in the future;

(b)to tailor content that we or our third-party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area based on where you tell us you are;

(c)to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

(d)to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

(e)to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

(f)to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of HungryPanda, restaurant partners, riders, or others (including to prevent fraud); and

(g)if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.

(h)Where we rely on legitimate interest as a basis for processing your personal information, we carry out a 'balancing test' to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.

3.5 Where we are under a legal obligation to do so we may use your information to:

(a)Create and store a record of your order(s);

(b)comply with any legal obligation or regulatory requirement to which we are subject.

 

4. Our promotional updates and communications

4.1 Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products or services.

4.2 You can object to further marketing at any time by selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you.

 

5. Retention of your information

5.1 We will not retain your information for any longer than we think is necessary.

5.2 Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the 'How & why we use your information' section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

5.3 When determining the relevant retention periods, we will consider factors including:

(a)our contractual obligations and rights in relation to the information involved;

(b)legal obligation(s) under applicable law to retain data for a certain period of time;

(c)statute of limitations under applicable law(s);

(d)our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);

(e)(actual or potential) disputes;

(f)the establishment, exercise or defence of any (actual or potential) legal claim; and

(g)guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

 

6. Disclosure of your information

6.1 The information we collect about you will be transferred to and stored on our servers located within the United States. We are very careful and transparent about who else your information is shared with.

6.2 Sharing your information internally

We share your information with other HungryPanda group companies only where necessary for the purposes set out in section 4.

6.3 Sharing your information with third parties

We share your information with third party service providers. The types of third party service providers whom we share your information with includes:

(a)Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

(b)IT service providers (including cloud providers): for the purposes of data storage and analysis;

(c)Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;

(d)Riders: so they can deliver your order to you;

HungryPanda will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

6.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

6.5 We may also share your information:

(a)if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

(b)in order to enforce our contractual terms with you and any other agreement;

(c)to protect the rights of HungryPanda, restaurant partners, riders, or others, including to prevent fraud.

 

7. Where we store your data & international data transfers

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside the United States that may not be subject to equivalent Data Protection Law.

7.2 Where your information is transferred outside the United States, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

7.3 We may transfer your personal information outside the United States:

(a)in order to store it.

(b)in order to enable us to provide goods or services and fulfil our contract with you or the company you work for. This includes order fulfilment, processing of payment details, and the provision of support services.

(c)where we are legally required to do so.

(d)as part of normal application operation and processing.

(e)in order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

 

8. Payment processing

8.1 Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Platform are made through our payment gateway provider(s), Alipay, Worldpay, Stripe Connect or such other FCA-regulated third-party payment gateways as Hungry Panda may work with from time to time through our Platform ("Payment Gateway(s)"). You will be providing credit or debit card information directly to a Payment Gateway(s) which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to any Payment Gateway(s) is not within our control and is subject to each Payment Gateway(s)'s own privacy policy and terms and conditions.

 

9. Security

9.1 We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. Any payment transactions will be encrypted using SSL technology.

9.2 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

9.3 Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

9.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

10. Your rights

10.1 Under data protection law, you may in certain circumstances have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below:

(a)The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we're providing you with the information in this policy.

(b)The right of access. You have the right to obtain access to your information (if we're processing it). This will enable you, for example, to check that we're using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).

(c)The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).

(d)The right to erasure. This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).

(e)The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.

(f)The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).

(g)The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.

(h)The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.

(i)The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences as set out above.

 

11. Contact Us

We welcome your feedback and questions. If you would like to contact us, please send us an email at [email protected].

 

12. Changes to our privacy policy

Any changes to our privacy policy will be posted to the Sites and APPs. This privacy policy was last updated: 9 October 2020

1.General

1.1 This is the privacy policy for the HungryPanda app and website (together, our "Platform") operated by HUNGRYPANDA LTD ("we" or "us" or "Hungry Panda"), incorporated and registered in England and Wales, whose registered office is at Kingsway House, 103 Kingsway, London, United Kingdom, WC2B 6QX. Company registration number is 10175799. VAT number is 279 6640 51.

1.2 Here at Hungry Panda, we respect the privacy of all individuals who interact with us and we are committed to being responsible and transparent about the personal data we collect and use. We will only process personal data in accordance with our obligations under all applicable data protection and privacy legislation in force from time to time in the UK (including the retained EU law version of the General Data Protection Regulation ((EU) 2016/697)(“GDPR”), the Data Protection Act 2018 (“DPA 2018”) (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) (together, the “Data Protection Laws”).

1.3Hungry Panda is registered on the public register of Data Controllers as maintained by the UK’s data protection regulator, the Information Commissioner’s Office. If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please contact our general customer services team at: [email protected] or our Data Protection Officer: [email protected] .

1.4 This policy, together with our Terms and Conditions, sets out

· How we collect and use your personal data

· Our promotional updates and communications

· Retention of your personal data

· Disclosure of your personal data

· International data transfers

· Security

· Your rights

· Contact details

· Changes to our privacy policy

1.5 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.6 By using our services you acknowledge you have read and understood this policy.

 

2. How we collect and use your personal data

2.1 As part of our commitment to the privacy of our Platform users, we want to be clear about the data we collect from you and be transparent about how we use your personal data.

2.2 We collect your personal data when you interact with us or use our services, such as:

(a) when you create an account with us or you change your account settings;

(b) when you place an order with us and during the order process (including for payment and order delivery);

(c) when you contact us directly via email, phone, post, message or via our chat function; and

(d) when you browse and use our Platform (before and after you create an account with us).

2.3 We will only process your personal data if there is a legitimate reason for doing so under the Data Protection Laws. We will have a lawful basis for processing your information:

(a) if we need to process your information in order to provide you with the service you have requested or to enter into a contract;

(b) we have your consent;

(c) we have a justifiable reason, which is in our legitimate interests, for processing your data; or

(d) we are under a legal obligation to do so.

2.4 When you visit our Platform or make an order through our Platform, you are asked to provide information about yourself including your name, contact details (mobile phone number or email address), delivery address, order details. These are basic personal data (“Basic Data”) we collect and use to fulfil our contractual obligations to you (i.e. use your contact details to deliver the food that you ordered on our Platform to you).

2.5 We also collect and process health information about you (e.g. allergies or dietary requirements) when you place an order via our Platform. These are special categories of personal data (“Special Data”) and we will only process these data when you have given us your explicit consent to do so; i.e. by voluntarily providing these information when placing an order on our Platform. We do not keep Special Data; we will only process Special Data in accordance with our legal and contractual obligations to you (i.e. informing the restaurant about your dietary requirements as per your order specification).

Payment Information

2.6 We do not process any of your financial data directly. When paying for an order placed via our Platform, you are re-directed to our collaborating third-party payment providers’ (such as PayPal, Stripe, Barclays, Alipay, Worldpay or such other FCA-regulated third-party payment gateways as Hungry Panda may work from time to time) secured platform. Your personal data will be processed by these third-party payment providers strictly in accordance with the relevant payment card industry standards. Personal data which you supply to any third-party payment providers are not within our control.

Automated interactions

2.7 As you interact with our Platform, we may automatically collect information from your device by using cookies and other similar technologies. Processing such information is necessary for us to pursue our legitimate interests in improving our services and optimise customer experience. An example of personalisation of our service, including processing data to make it easier and faster for you to place orders. By way of an example:

(a) We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Platform.

(b) We also collect technical information about your use of our Platform through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers.

(c) Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any Hungry Panda mobile application, through your mobile's browser or otherwise.

Our legitimate interests in the above include:

(a) to improve the effectiveness and quality of service that our customers can expect from us in the future;

(b) to tailor content that we or our third-party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area based on where you tell us you are;

(c) to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

(d) to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

(e) to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

(f) to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of Hungry Panda, restaurant partners, riders, or others (including to prevent fraud); and

(g) if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.

2.8 Where we rely on legitimate interest as a basis for processing your personal data, we carry out a 'balancing test' to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests.

2.9 With your permission, we will collect your pictures, photos, etc. These pictures, photos, etc. will be used in the following ways:

(a) When you register your account you will need to upload pictures, photos to set your avatar, homepage information, etc.

(b) After an order is completed, you may upload pictures of products for evaluation.

(c) You will need to use them in communication with others such as customer service.

(d) Other situations where not using pictures, photos will affect our ability to provide you with services.

 

3. Our promotional updates and communications

3.1 Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal data for marketing analysis and to provide you with promotional update communications about our products or services.

3.2 Where you have consented to receive marketing information from us, we may send you direct marketing materials to promote our service and to keep you updated with information about our services. We may do so via emails or text messages. If you want to opt out these marketing communications, you can freely unsubscribe via link in the text and the email or contact us directly.

 

4. Retention of your personal data

4.1 We will not retain your personal data for longer than it is necessary, and we will ensure the secure erasure of your personal data.

4.2 The data that we collect will be retained for as long as needed to fulfil the purposes outlined in the 'How we collect and use your personal data' section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the data for regulatory reporting purposes.

4.3 When determining the relevant retention periods, we will consider factors including:

(a) our contractual obligations and rights in relation to the data involved;

(b) legal obligation(s) under applicable law to retain data for a certain period of time;

(c) statute of limitations under applicable law(s);

(d) our legitimate interests where we have carried out balancing tests (see section on 'How we collect and use your personal data' above);

(e) actual or potential disputes;

(f) the establishment, exercise or defence of any actual or potential legal claim; and

(g) guidelines issued by relevant data protection authorities.

 

5. Disclosure of your personal data

5.1 All of our Platform users’ personal data are stored securely on our servers located within the EU.

Sharing your personal data internally

5.2 We may share your personal data with other Hungry Panda group companies only where it is necessary for the purposes set out in the ‘How we collect and use your personal data’ section above.

Sharing your personal data with third parties

5.3 We may share your personal data with third-party service providers acting on our behalf when it is necessary to carry out our services and fulfil our contractual obligations to you. Any third-party service provider will only use your personal data to provide the service under appropriate contractual arrangements with Hungry Panda. Any third-party service provider that we use must act in accordance with our instructions and the Data Protection Laws. The types of third-party service providers whom we share your information with includes:

(a)Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

(b)IT service providers (including cloud providers): for the purposes of data storage and analysis;

(c)Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;

(d)Riders: so they can deliver your order to you;

5.4 Hungry Panda will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

5.5 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your personal data may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

5.6 We may also share your personal data:

(a)if we are under a duty to disclose or share your personal data in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

(b)in order to enforce our contractual terms with you and any other agreement;

(c)to protect the rights of Hungry Panda, restaurant partners, riders, or others, including to prevent fraud.

 

6. Security

6.1 We adopt robust technologies and policies to ensure your personal data are adequately protected.

6.2 We take steps to protect your personal data from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We use security measures such as MD5 encryptions, access controls, data separations and other methods to ensure your personal data is kept safe and secure.

6.3 Where you have chosen a password that allows you to access certain parts of our Platform, you are responsible for keeping your password safe and confidential. You should not share your password with anyone.

 

7. Your rights

7.1 Under the Data Protection Laws, you have various legal rights in relation to your personal data. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. This policy does not list every right that you have under the Data Protection Laws but we have set out the ones we consider most relevant to you in the context of engaging our services and using our Platform:

(a)The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. Should you find it difficult to understand this policy, or if you wish for us to further explain any aspects of this policy, please feel free to contact us directly.

(b)The right of access. You have the right to obtain access to your personal data (if we're processing it). This will enable you, for example, to check that we're using your personal data in accordance with the Data Protection Laws.

(c)The right to rectification. You are entitled to have your personal data corrected if it is inaccurate or incomplete.

(d)The right to erasure. This is also known as 'the right to be forgotten' and, in simple terms, enables you to request the deletion or removal of certain of your personal data that we hold about you.

(e)The right to restrict processing. You have rights to 'block' or 'suppress' further use of your personal data.

(f)The right to data portability. You have the right to obtain your personal data in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers.

(g)The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your personal data with the national data protection authority (Information Commissioner’s Office for the UK).

(h)The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e. where we rely on your consent as a legal basis for processing your data), you have the right to withdraw that consent at any time.

(i)The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences as set out above.

7.2 Should you wish to exercise any of your rights outlined above, please contact our Data Protection Officer or our general customers service team. In most cases, we will deal with your requests free of charge and within one month of receipt of your request. However, we may charge a reasonable fee to cover our administration costs and/or extend the time period for dealing with your request to two months, where your request is complex or repetitive. If this is the case we will keep you informed.

7.3 We will never charge you to change your marketing preferences or unsubscribe to our promotional updates and communications.

7.4 If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html). The Information Commissioner’s Office is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

 

8. Contact Us

We welcome your feedback and questions. If you would like to contact us, please send us an email.

General customer service team: [email protected]

Data Protection Officer: [email protected]

 

9. Changes to our privacy policy

Any changes to our privacy policy will be posted on our Platform. This privacy policy was last updated: June 2022.