Delivery Angel Merchant Privacy Policy

 

White Knight IPCo Pty Ltd (ACN 642 891 263) and Delivery Angel Pty Ltd (ACN 649 785 768) and their related entities (“we”, “us”, “our”) are committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), and in accordance with other applicable privacy laws. 

 

This document sets out our policies for managing your personal information and is referred to as our Privacy Policy.

 

In this Privacy Policy, "you" refers to any individual about whom we collect personal information.

 

This Privacy Policy applies to all personal information collected by us, or submitted to us, whether offline or online, including personal information collected or submitted through our websites, deliveryangel.com and merchant.deliveryangel.com (“Websites”), through our application (“Application”), through any official social media channel pages which we control (such as Twitter and Facebook pages), as well as through email and other messages that we send to you.

 

Other terms and conditions may apply to you such as the Driver Merchant T&Cs and the Delivery Angel Merchant Agreement and any specific Privacy Collection Notice we provide to you.  

1.           About us

1.1         We provide a way for you to connect with drivers who will deliver orders (“Orders”) of products (“Products”) from you to your customers. 

1.2         The contract for the delivery of the Products is as between you and the driver.

2.           What information do we collect and hold about you?

2.1         When you enquire about us, access our Website or Application, register to be a restaurant who has access to drivers, engage a driver or otherwise interact with our platform, a record is made which includes your personal information.

2.2         The type of information we collect will vary depending on the circumstances of collection, but will typically include:

2.2.1      in relation to you – your restaurant name, ABN, entity name, registered address, bank account details, details of key stakeholders, the name of a contact person, email address, telephone numbers, restaurant address and restaurant menu;

2.2.2      in relation to your customers – their name, residential address, telephone number, Order details, email address and credit card information; and

2.2.3      any additional personal information you provide to us, or authorise us to collect, as part of your interaction with us, such as, details of your interaction with, and usage of, the Application (for example, aggregate data associated with the Orders that have been delivered by the drivers).

2.3         Information will be stored on a secure AWS (Amazon) server located in Sydney, which has restricted access. 

2.4         You can always decline to give us any personal information we request, but that may mean we cannot onboard you as a merchant or connect you with drivers who can deliver your Orders and we may not be able to do business with you.  

3.           How and why do we collect and use your personal information?

3.1         We collect personal information reasonably necessary to carry out our business, to provide services and to facilitate the delivery of Orders to your customers.

3.2         The purposes for which we usually collect and use personal information depends on the nature of your interaction with us, but may include:

3.2.1      providing you with our services, including access to the Application and connecting you with drivers;

3.2.2      allowing drivers to connect with you to deliver Orders to your customers;

3.2.3      managing and responding to any enquiries or complaints;

3.2.4      generally researching, developing and expanding our services;

3.2.5      conducting research and analysis to improve our understanding of your interests in relation to our services and offers;

3.2.6      analyse your interactions and use of our services to understand the effectiveness of our marketing initiatives;

3.2.7      maintain and improve our service by monitoring our service for quality control, quality and training purposes;

3.2.8      manage relationships with drivers, suppliers and other businesses;

3.2.9      manage our internal business, in particular financial management, reporting and accounting; and

3.2.10   meet our regulatory and legal obligations.

3.3         We will not use or sell any individual or specific information of yours for our personal benefit or gain.  However, we may use collective, aggregate or anonymised data obtained from you for the above listed purposes.

3.4         We generally collect personal information directly from you.  We may collect and update your personal information over the phone, by email, over the internet, or in person.

3.5         In some cases it will be lawful for us to collect and use your personal information for another reason, for example where it is necessary as part of our, or a third party’s, statutory or public functions or because the law permits or requires us to.

4.           How do we interact with you via the internet?

4.1         You may visit our Website and download our Application without identifying yourself.  If you identify yourself (for example, by submitting an inquiry or registering an account), any personal information you provide to us will be managed in accordance with this Privacy Policy.

4.2         Our Website also uses cookies. A 'cookie' is a small file stored on your computer's browser, which assists in managing customised settings of the website and delivering content.  We collect certain information such as your device type, browser type, IP address, pages you have accessed on our websites and on third-party websites.  Generally you are not identifiable from such information.

4.3         We use cookies to personalise your browsing experience (for example, by remembering your preferences and recognising you as a repeat visitor to our Website), and to track statistics about the usage of our website. This allows us to better understand our users and improve the layout and functionality of our Website.

4.4         When you visit our Website, our system may collect information about your visit for statistical purposes, including:

4.4.1      server address;

4.4.2      top level domain name (for example .com, .gov, .au etc.);

4.4.3      the date and time of your visit to the Website;

4.4.4      the pages you accessed and documents downloaded during your visit;

4.4.5      the previous Website you visited;

4.4.6      if you’ve visited our Website before; and

4.4.7      the type of browser used.

4.5         If you do not wish to receive any cookies (other than those that are strictly necessary) you can use the settings in your browser to control how your browser deals with cookies.  However, in doing so, you may be unable to access certain pages or content on our Websites.

4.6         Our  Website and Application may contain links to third-party websites. We are not responsible for the content or privacy practices of websites that are linked to our Website or Application.

4.7         These links are provided for your convenience and do not represent our endorsement of any linked third party website. We recommend that you review the privacy policies of these third parties prior to providing them with your personal information.

5.           Can you deal with us anonymously?

We will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable.  Generally it is not practicable for us to deal with individuals or merchants anonymously or pseudonymously on an ongoing basis.  If we do not collect personal information about you, you will not be able to utilise the Application or our services.

6.           How do we hold information?

6.1         Generally, information about you will be stored on a secure AWS (Amazon) server located in Sydney, which has restricted access. 

6.2         However, we may also store information in paper-based files or other electronic record keeping methods in secure databases (including trusted third party storage providers based in Australia and overseas).  Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

6.3         We maintain physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security; for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to our computer systems.

6.4         Where you have registered an account with us and chosen a password which allows you to access certain parts of the Website or Application, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.

6.5         Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your personal information, we cannot guarantee the security of your data transmitted to the Website or Application and do not accept responsibility for the security of information you send to or receive from us over the internet, or for any unauthorised access or use of that information. 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.

7.           How long will your personal information be kept by us?

7.1         We will only keep the personal information we collect about you for as long as is necessary for the purposes set out in this Privacy Policy or as required to comply with any legal obligations to which we are subject. The retention periods we apply take account of:

7.1.1      legal and regulatory requirements and guidance;

7.1.2      limitation periods that apply in respect of taking legal action;

7.1.3      our ability to defend ourselves against legal claims and complaints;

7.1.4      good practice; and

7.1.5      the operational requirements of our business.

7.2         We take steps to destroy or de-identify information that we no longer require or as required by an applicable law. 

8.           Do we use or disclose your personal information for direct marketing?

8.1         We use personal information to inform you about products and services offered by us, which we think may be of interest to you. When we contact you it may be by mail, telephone, email, SMS, social media or direct marketing messages via the Application. Information about how to opt-out of receiving marketing material from us is set out below.

8.2         You can let us know at any time if you do not want the personal information we hold about you to be used or disclosed for direct marketing purposes, or you do not wish to be contacted in any of the above ways, by contacting us. In some circumstances we may need to contact you to obtain additional information, to verify your identity or to clarify your request.

8.3         You may also unsubscribe via the unsubscribe facility in an electronic message we send to you.  For direct marketing messages sent via the Application, you can opt-out via changing your notification settings. 

8.4         If you opt-out of receiving marketing material from us, we may still contact you in relation to our ongoing relationship with you. 

9.           How do we use and disclose personal information?

9.1         To the extent necessary, we will use and disclose your personal information and that of your customers to drivers to allow drivers to engage with you to deliver Orders to your customers.  We may also disclose your personal information to users of the Application in relation to Orders placed by them with your restaurant.

9.2         You:

9.2.1      consent to us disclosing your personal information as set out above;

9.2.2      have procured the consent of your customers for us to disclose their personal information as set out above; and

9.2.3      acknowledge and agree that once an Order has been delivered,  we may retain and use your personal information in accordance with this privacy policy.

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

9.4         Naturally we will also use and disclose personal information for a range of administrative, management and operational purposes in ways that you would expect.  This includes:

9.4.1      administering billing and payments and debt recovery;

9.4.2      planning, managing, monitoring and evaluating our services;

9.4.3      quality improvement activities;

9.4.4      statistical analysis and reporting;

9.4.5      training staff, contractors and other workers;

9.4.6      risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);

9.4.7      responding to enquiries and complaints regarding our services;

9.4.8      obtaining advice from consultants and other professional advisers; and

9.4.9      responding to subpoenas and other legal orders and obligations.

10.        Do we disclose your personal information overseas?

10.1      We generally collect personal information about you in Australia. However, your personal information may be disclosed to overseas recipients including to service providers who may handle, process or store your personal information on our behalf.

10.2      There are other circumstances where we may disclose your personal information to an overseas recipient. For example, where you have provided your consent or we are otherwise permitted to do so under the Australian Privacy Principles or other relevant laws.  

11.        How can you access or seek correction of your personal information?

11.1      You are entitled to access your personal information held by us on request. To request access to your personal information please use the contact details set out below.

11.2      We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.

11.3      However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

11.4      We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

12.        What should you do if you have a complaint about handling of your personal information?

12.1      You may contact us at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled. 

12.2      You may make a complaint about privacy at the contact details set out below.

12.3      In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint.  If the matter is more complex or our investigation may take longer, we will let you know. 

12.4      If you are not satisfied with our response to your complaint, or you consider that we may have breached the Australian Privacy Principles or the Privacy Act 1988 (Cth), a complaint may be made to the Office of the Australian Information Commissioner.  The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

12.5      If you are outside of Australia you may wish to take your complaint up with the local data protection authority in your jurisdiction.

13.        How are changes made to this Privacy Policy?

13.1      We may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website or the ‘Updates’ (or similar) section of the Application regularly to keep up to date with any changes. We also try to let you know about major changes to our Privacy Policy (for example by putting a notice up on our website or the Application). 

14.        How can you contact us?

 

Our contact details are:

 

The Privacy Officer

Delivery Angel Pty Ltd

 

support@deliveryangel.com

 

Delivery Angel – Merchant App

PO Box 6139

Chapel Street

South Yarra  VIC 3141

 

 

This Privacy Policy was last updated on 8th November 2021.