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.
• 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.
