OYANOW PRIVACY POLICY
Last Updated: 23/02/2023
This Privacy Policy describes how we collect, use, and share personal
information from users of our Food Delivery App for Android (the
"App"). Information We Collect: Personal Information: We may collect
personal information such as your name, email address, phone number,
and delivery address when you create an account on the App or place an
order through the App. Payment Information: We may collect payment
information, such as credit card or bank account information, when you
place an order through the App. This information is processed through
a secure payment gateway and is not stored on our servers. Location
Information: We may collect your location information when you use the
App to help us provide relevant information, such as restaurants and
menu items available near your location. Usage Information: We may
collect information about how you use the App, such as which pages you
visit, the time and date of your visits, and your search queries. Use
of Personal Information: To provide the App and its services to you,
including processing your orders, delivering food, and communicating
with you about your orders and the App. To improve the App and its
services, including developing new features and fixing bugs. To
communicate with you about promotions, new features, and other updates
to the App. To comply with legal obligations, such as responding to
subpoenas or other legal requests. Sharing of Personal Information:
Service Providers: We may share your personal information with service
providers that assist us in providing the App and its services, such
as delivery companies and payment processors. These service providers
are bound by confidentiality agreements and are not allowed to use
your personal information for any purpose other than providing the App
and its services. Business Transfers: If we are acquired by or merge
with another company, or if we sell all or a portion of our assets,
your personal information may be transferred as part of the
transaction. Legal Obligations: We may disclose your personal
information if required by law, such as in response to a subpoena or
other legal request. Security of Personal Information: We take the
security of your personal information seriously and have implemented
appropriate technical and organizational measures to protect your
information from unauthorized access, use, or disclosure. However, no
method of transmission over the internet or method of electronic
storage is 100% secure, so we cannot guarantee its absolute security.
Changes to this Privacy Policy: We may update this Privacy Policy from
time to time to reflect changes to our practices or for other
operational, legal, or regulatory reasons. We will notify you of any
changes to this Privacy Policy by posting the updated policy on the
App and updating the "Last Updated" date at the top of this policy.
Your continued use of the App after any changes indicates your
acceptance of the updated Privacy Policy. Contact Us: If you have any
questions about this Privacy Policy, please contact us at
info@oyanow.ng.
1. DEFINITIONS
• Data Controller (or Owner)
in this Policy, OyaNow is the Data Controller in respect of the
OyaNow Services. This means that OyaNow alone or jointly with
others, determines the purposes and means of the processing of
Personal Data.
• Data Processor (or Data Supervisor)
means the natural or legal person, public authority, agency or
other body which processes Personal Data on behalf of OyaNow as
the Data Controller, as described in this Policy.
• Personal Data (or Data)
means any information that directly, indirectly, or in connection
with other information — including a personal identification
number (PIN) — allows for the identification or identifiability of
a natural person.
• Sensitive Personal Data
means any data that reveals your race, health status, ethnic
social origin, conscience, belief, genetic data, biometric data,
property details (i.e. your location), marital status, family
details including names of your children, parents, spouse or
spouses, your sex or the sexual orientation.
• Usage Data
means information usually collected automatically through the
OyaNow App or OyaNow website (or third party services employed
through our online platforms) which can include: the IP addresses
or domain names of the computers utilized by the Users who use the
OyaNow Services, or other location data of Users of the OyaNow
Services (both digital and physical), the URI addresses (Uniform
Resource Identifier), the time of the request, the method utilized
to submit the request to the server, the size of the file received
in response, the numerical code indicating the status of the
server’s answer (successful outcome, error, etc.), the country of
origin, the features of the browser and the operating system
utilized by the User, the various time details per visit (e.g.,
the time spent on each page as part of the OyaNow Services ) and
the details about the path followed as part of the OyaNow Services
with special reference to the sequence of pages visited, and other
parameters about the device operating system.
2. TYPES OF DATA COLLECTED AND HOW THAT DATA IS COLLECTED
• Among the types of Personal Data that the OyaNow Service collects,
by itself or through third parties, there are: Cookies, Usage Data,
first name, last name, phone number, email address, personal
identification details, payment information and Data communicated
while using the OyaNow Service.
• We collect information from and about you including through:
• Direct interactions with us or through the OyaNow Agents;
• Automated technologies or interactions;
• Third parties or publicly available sources.
• Complete details on each type of Personal Data collected are
provided in the specific explanation texts shown prior to the Data
collection.
• Except for certain Usage Data (which is collected automatically
when using the OyaNow Service), Personal Data is freely provided by
the User, when using the OyaNow Services. Unless specified
otherwise, all Data requested when you use the OyaNow Service is
mandatory and if you do not provide this Data it may make it
impossible for us to provide the OyaNow Services. In cases where we
state that some Data is not mandatory, Users are free not to
communicate this Data without consequences to the availability or
the functioning of the OyaNow Services.
• Users who are uncertain about which Personal Data is mandatory are
welcome to contact us via email to info@oyanow.ng or via phone call
to +2349062547779.
• Any use of Cookies – or of other tracking tools – by the OyaNow
App or OyaNow website or by the owners of third-party services used
by our online services serves the purpose of providing certain of
the OyaNow Services required by the User, in addition to any other
purposes described in this Policy.
• Users are responsible for any third-party Personal Data obtained,
published or shared through the OyaNow Services and you confirm that
you have the third party’s consent to provide the Data to OyaNow or
its Data Processor.
3. LEGAL BASIS OF PROCESSING
• We may process Personal Data relating to Users if one of the
following applies:
• Users have given their consent for one or more specific purposes;
• Provision of Data is necessary for the performance of an agreement
with the User and/or for any pre-contractual obligations;
• Processing is necessary for compliance with a legal obligation to
which we are subject;
• Processing is necessary for the purposes of the legitimate
interests pursued by OyaNow or by a third party and your interests
and fundamental rights do not override those interests.
• In any case, we will gladly help to clarify the specific legal basis
that applies to the processing, and in particular whether the
provision of Personal Data is a statutory or contractual requirement,
or a requirement necessary to enter into a contract. If you would like
further information please contact us via email to info@oyanow.ng or
via phone call to +2349062547779.
4. PURPOSES OF PROCESSING
• By accepting the terms of this Policy, the User consents to the
processing of his/her Personal Data, including Sensitive Personal Data
where applicable.
• The Data concerning the User is collected to allow the Owner to
provide the OyaNow Services (for example, fulfilment of your OyaNow
order), as well as for the following purposes: Analytics, Marketing,
Contacting and Interaction with the User.
5. PLACE OF PROCESSING AND TRANSFERS OF DATA
• The Data is processed at OyaNow’s operating offices and in any other
places where the parties involved in the processing are located, for
example where the OyaNow Agent is located.
• Depending on the User’s location, data transfers may involve
transferring the User’s Data to a country outside of Nigeria. We will
only transfer a User’s Sensitive Personal Data outside of Nigeria with
prior consent. We will also share User’s Personal Data to Data
Processors located outside of Nigeria in order for us to be able to
provide the OyaNow Services to you.
• Whenever we transfer your personal data out of Nigeria, we ensure a
similar degree of protection is afforded to it by ensuring that there
are appropriate safeguards in place with respect to the security and
protection of the Personal Data.
6. SHARING DATA WITH THIRD PARTIES
• In some cases, the Data may be accessible to certain types of
persons involved with the operation of the OyaNow Services (including
administration, sales, marketing, legal, system administration) and
certain third parties who perform functions on behalf of OyaNow and
who are necessary for the performance of the OyaNow Services. These
third parties may include, but are not limited to OyaNow Agents,
payment gateways necessary to fulfil an order, back-up servers,
third-party technical service providers, couriers used to deliver your
order, hosting providers, IT companies, and communications agencies.
The updated list of these parties may be requested from OyaNow at any
time.
7. MARKETING
• You will receive marketing communications from us if you have
requested information from us or purchased goods from us and you have
not opted out of receiving that marketing.
• You can ask us or third parties to stop sending you marketing
messages at any time by following the opt-out links on any marketing
message sent to you or by contacting us at any time.
• Where you opt out of receiving these marketing messages, this will
not apply to personal data provided to us as a result of a
product/service purchase, warranty registration, product/service
experience or other transactions.
8. Methods of processing Data
• OyaNow takes appropriate security measures to prevent unauthorized
access, disclosure, modification, or unauthorized destruction of the
Data. The Data processing is carried out using computers and/or IT
enabled tools, following organizational procedures and modes strictly
related to the purposes indicated. In addition, we limit access to
User’s Data to those employees, agents, contractors and other third
parties who have a business need to know. They will only process
User’s Data on our instructions and they are subject to a duty of
confidentiality.
• We have put in place procedures to deal with any suspected Personal
Data breach and will notify you and any applicable regulator of a
breach where we are legally required to do so.
9. RETENTION TIME
• Personal Data shall be processed and stored for as long as required
by the purpose it has been collected for. Therefore:
• Personal Data collected for purposes related to the performance of
a contract between OyaNow and the User shall be retained until such
contract has been fully performed.
• Personal Data collected for the purposes of OyaNow’s legitimate
interests shall be retained as long as needed to fulfill such
purposes. Users may find specific information regarding the
legitimate interests pursued by OyaNow within the relevant sections
of this Policy or by contacting OyaNow (please refer to the Contact
section).
• OyaNow may be allowed to retain Personal Data for a longer period
whenever the User has given consent to such processing, as long as
such consent is not withdrawn. Furthermore, we may be obliged to
retain Personal Data for a longer period whenever required to do so
for the performance of a legal obligation or upon order of an
authority.
• Once the retention period expires, Personal Data shall be deleted
or anonymised. Therefore, please note that the right to access, the
right to erasure, the right to rectification and the right to data
portability cannot be enforced after expiration of the retention
period.
10. THE LEGAL RIGHTS OF USERS
• Users may exercise certain rights regarding their Data processed by
OyaNow.
• In particular, Users have the right to do the following:
• Withdraw their consent at any time: Users have the right to
withdraw consent where they have previously given their consent to
the processing of their Personal Data.
• Object to processing of their Data: Users have the right to object
to the processing of their Data if the processing is carried out on
a legal basis other than consent. Further details are provided in
the dedicated section below.
• Access their Data: Users have the right to learn if Data is being
processed by OyaNow, obtain disclosure regarding certain aspects of
the processing and obtain a copy of the Data undergoing processing.
• Verify and seek rectification: Users have the right to verify the
accuracy of their Data and ask for it to be updated or corrected.
• Restrict the processing of their Data: Users have the right, under
certain circumstances, to restrict the processing of their Data. In
this case, OyaNow will not process their Data for any purpose other
than storing it.
• Have their Personal Data deleted or otherwise removed: Users have
the right, under certain circumstances, to obtain the erasure of
their Data from OyaNow.
• Receive their Data and have it transferred to another controller:
Users have the right to receive their Data in a structured, commonly
used and machine readable format and, if technically feasible, to
have it transmitted to another controller without any hindrance.
This provision is applicable provided that the Data is processed by
automated means and that the processing is based on the User’s
consent, on a contract which the User is part of or on
pre-contractual obligations thereof.
• Lodge a complaint: Users have the right to bring a claim before
their competent data protection authority.
11. DETAILS ABOUT THE RIGHT TO OBJECT TO PROCESSING
• Where Personal Data is processed for the purposes of the legitimate
interests pursued by OyaNow, Users may object to such processing by
providing a ground related to their particular situation to justify
the objection.
• Users must know that, however, should their Personal Data be
processed for direct marketing purposes, they can object to that
processing at any time without providing any justification. In some
cases, we may demonstrate that we have compelling legitimate grounds
to process your information which override your rights and freedoms.
To learn, whether the Owner is processing Personal Data for direct
marketing purposes, Users may refer to the relevant sections of this
document.
12. HOW TO EXERCISE THESE RIGHTS
• Any requests to exercise User rights can be directed to OyaNow
through the contact details provided in this document. These requests
can be exercised free of charge and will be addressed by OyaNow as
early as possible and always within one month.
13. ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING
• The User’s Personal Data may be used for legal purposes by OyaNow in
Court or in the stages leading to possible legal action arising from
improper use of the OyaNow Services.
• The User declares to be aware that OyaNow may be required to reveal
personal data upon request of public authorities. We use the images
you upload to aid in the identification of our products. This helps us
to provide a better user experience for our customers. We do not claim
ownership of the images you upload, as they are uploaded by third
parties to our app.
• When you upload an image to our app, we collect the image file and
any accompanying metadata. This metadata may include location data and
other information about the image.
• More details concerning the collection or processing of Personal
Data may be requested from OyaNow at any time. Please see the contact
information in this Policy.
14. Changes to this Policy
• OyaNow reserves the right to make changes to this Policy at any time
by giving notice to its Users – as far as technically and legally
feasible by posting a notice on the OyaNow App or OyaNow website or by
updating the OyaNow catalogue. We may also send a notice to Users via
any contact information that have been made available to OyaNow. Where
you use the OyaNow App or OyaNow website it is strongly recommended to
check back with these online services often, referring to the date of
the last modification listed in this Policy.
• Should the changes affect processing activities performed on the
basis of the User’s consent, we shall collect new consent from the
User, where required.