Effective: August 10, 2021
Table of Contents
YOU UNDERSTAND THAT USING ANY HANDHELD DEVICE IN THESE CIRCUMSTANCES IS EXTREMELY DANGEROUS, AND CAN RESULT IN PROPERTY DAMAGE, PHYSICAL INJURIES (INCLUDING DISMEMBERMENT) OR DEATH. YOU FURTHER AGREE, REPRESENT AND WARRANT, THAT YOU WILL NOT USE OR ACCESS THE SERVICES IN ANY MANNER THAT PLACES YOURSELF OR ANY OTHER PERSON AT RISK OF INJURY, AND THAT YOU WILL ABIDE BY ALL TRAFFIC LAWS. WHILE EFFORT IS MADE TO ASSURE THE ACCURACY OF THE INFORMATION PRESENTED TO THE USER IS RESPONSIBLE FOR SAFE DRIVING AND FOR THE CONSEQUENCES OF DECISIONS AS TO WHERE TO TRAVEL OR WHERE TO DRIVE.
UNDER NO CIRCUMSTANCE WILL ANY OF THE MZANSI FOOD PARTIES ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE CONSEQUENCES OF DRIVING DECISIONS MADE BY USERS. YOU EXPRESSLY AGREE THAT NO MZANSI FOOD PARTY SHALL BE LIABLE FOR ANY DRIVING DECISIONS MADE BY YOU OR AT YOUR SUGGESTION OR FOR ANY DAMAGES, INJURY OR OTHER HARM CAUSED BY YOUR USE OF OR ACCESSING THE LICENSED APPLICATION, SERVICES OR CONTENT WHILE DRIVING, OPERATING EQUIPMENT OR MACHINERY, OR OTHERWISE IN A DANGEROUS AND UNSUITABLE MANNER, AND WAIVE ANY CLAIMS OR CAUSES OF ACTION YOU MAY HAVE, NOW OR IN THE FUTURE, ARISING FROM OR RELATING TO THE SAME. WHEN YOU USE OUR PLATFORMS, WEBSITES, OR PLATFORMS AND/OR SERVICES, YOU TRUST US WITH YOUR PERSONAL INFORMATION. WE’RE COMMITTED TO KEEPING THAT TRUST. THAT STARTS WITH HELPING YOU UNDERSTAND OUR PRIVACY PRACTICES. THIS NOTICE DESCRIBES THE PERSONAL INFORMATION WE COLLECT, HOW IT’S USED AND SHARED, AND YOUR CHOICES REGARDING THIS INFORMATION.
For purposes of this statement, “Personal Information” shall be defined in detail in the Protection of Personal Information Act 4 of 2013 (“POPI”). “Personal Information” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, identification document numbers, biometric data, race, date of birth, marital status, religion, health information, geographic, vehicle and insurance information.
Mzansi eCommerce Technologies (Pty) shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Personal data is generally processed in order to provide the services offered by Mzansi Food.
Mzansi Food collects data about users or customers which may include:
· Biographical and contact information including name, phone number, e-mail address, as collected during the installation of the app.
· Information related to Order(s) made via our platforms and information related to each Order made (e.g., special instruction requests regarding ordered meals).
· Geographic location from where you access and use the app from and to what location you order the meal (this is required for the service).
· Where you register for an account, your user e-mail and password and associated account information such as your preferences.
· Where you choose to connect to the service from a third-party service, such as Facebook, Gmail, etc., your information from that service.
· Reviews ratings and comments (including information provided to resolve disputes).
· Payment information and payment history.
· Information regarding your requests to order meals when you are the customer/ your acceptance to deliver meals.
· When you are the delivery driver, including geographical location, the time of provision of service, details of the route of delivering the meal and destination.
· If we ban or suspend you from use of the service, a record of that ban or suspension.
· Identification data of the device on that you have installed.
· Website and communication information such as details collected by cookies and other similar tracking technologies when you use our sites or platforms.
· Details of support queries you make (e.g. through our platforms or via other communication channels), including record of any reported lost items.
· Where we reasonably suspect fraud, details of offences or alleged offences from fraud detection and prevention agencies.
Your personal data will be stored as long as you have an active account. If your account is closed, personal data will be deleted, securely destroyed or anonymized (according to the policies set out in this section) from the databases, unless such data is required to be retained for legal or regulatory purposes or certain legitimate business purposes, including for accounting, dispute resolution or fraud prevention.
This follows that:
· Data related to each Order will be stored for a maximum of 3 years as of the performance of each Order, unless your Account is deleted by us before that.
· Data required for accounting purposes will be stored for 5 years after the performance of each Order.
· If your Account has not been used for 3 years, we will notify you and ask you to confirm whether the account is still active.
· If no reply is received, the account will be closed and personal data will be deleted, securely destroyed or anonymized.
· Unless such data is required to be stored for certain legitimate business purposes including for accounting or fraud prevention purposes within 12 months.
· In the event that there are suspicions of an administrative or criminal offence or false information having been provided, the data will be stored for 10 years.
· In the event of disputes or investigations, data will be retained until the claim or investigation is satisfied/resolved or the expiry date of such claims.
· Please note that uninstallation of Mzansi App from your device does not cause the automatic deletion, destruction or anonymization of your personal data.
Personal data is generally processed for the performance of the contract concluded with the delivery driver.
We collect the following types of personal data of delivery driver partners (both directly and indirectly, such as from third-party sources and publicly available information):
· Biographical and contact information including name, phone number, e-mail address.
· Banking or financial information and payment information.
· Geographical locations when delivery driver partner is logged into the app (this is required for the service), demographical data, details of performed Orders.
· Journeys and review ratings and duration of provision of journeys on each day, fare estimates, actual fares and other payment data of delivery driver.
· Earnings history and fiscal data of delivery data.
· Text, images, and user content you provide.
· If we withdraw your right to use the service, we will issue a written warning of that written withdrawal.
· Identification data of the device on which the relevant Mzansi Food App has been installed.
· Website and communication information such as details collected by cookies and other similar tracking technologies when you use our sites or platforms.
· Details of support queries you make (e.g., through our platforms or via other communication channels).
· User complaints related to the deliveries performed by the delivery driver.
· Background checks information in accordance with legal requirements, which may include medical certificates, topographical test certificates and/or language.
· Data regarding criminal convictions and offences if allowed or necessary under applicable law.
· Information collected from third parties about you in order to verify any information you supplied to Mzansi Food during registration.
· Record of any requests for your information made by law enforcement, regulatory, governmental or judicial bodies.
· We collect and process personal data of delivery drivers to ensure regulatory compliance.
· Verifying the delivery driver’s qualifications for pursuing this professional activity of delivering food and safeguarding the contractual relations.
· Mzansi Food’s operations team can see the geographic location of a delivery driver, information on dispatches and the times of using the service.
You can view your personal data in the Mzansi Food Delivery Driver Partner App. Your personal data will be stored as long as you have an active Mzansi Food delivery driver account, unless your personal data is required to be retained for certain legal or regulatory purposes, or legitimate business purposes including accounting, dispute resolution or fraud prevention purposes.
This follows that:
· If your account will be closed the personal data will be stored for an additional 3-year period.
· Data necessary for accounting purposes shall be stored for 7 years.
· In the event of suspicions of an administrative or criminal offence, fraud or false information, the data shall be stored for 10 years.
· In the event of disputes or investigations, the data shall be retained until the claim or investigation is satisfied/resolved or the expiry date of such claims.
· After we no longer need your personal data, it will be deleted, securely destroyed or anonymized (according to the policies set out in this section).
Mzansi Food collects and uses personal data for purposes of providing the Mzansi Food platforms and for Mzansi Food’s legitimate business purposes.
These include the purposes set out below:
· Under Protection of Personal Information Act 4 of 2013 (“POPI”), Mzansi Food’s use of personal data must be justified by one of a number of legal bases.
· To deliver our services to you (lawful basis: to perform and fulfil our contracts with you; and for our legitimate interests.
· We may use personal data to provide our Mzansi Food platforms, to create and manage your user accounts and to allow you to provide feedback.
· Where you are a customer, to forward your Meal Order to the respective restaurants to accept your Meal Order request.
· Enabling you to conclude a meal preparation contract with the restaurant to find and allocate the delivery driver to fulfil the delivery of your Meal Order request.
· This information (including geographical information) is provided to the delivery driver.
· Once you have made a Meal order, additional information is provided to the restaurant and/or to the delivery driver to facilitate communication.
· Where you are a delivery driver, we use your personal data to on-board you as a delivery service provider and to facilitate interactions with customers.
· We may use personal data to facilitate payments between customers, restaurant and delivery drivers.
· We may use personal data to provide support, including to assist with resolving service quality issues and to respond to queries from customers and restaurants.
· We use contact details to notify you of updates and upgrades to our websites and the Mzansi Food App.
· To undertake checks whereby permitted by applicable law (lawful basis: legal obligations; legitimate interests.
· We use personal data in our efforts to prevent fraud, including fraudulent payments.
· If false or inaccurate information is provided and fraud is identified or suspected, your personal data may be passed to fraud prevention.
· In certain jurisdictions we may send data about earnings to tax authorities or other relevant authorities.
· For research and development purposes (lawful basis: legitimate interests (to allow us to improve our services))
· We may use personal data to improve our websites and platforms (including security features) by analyzing it to better understand our business and services.
· We collect data of the routes taken by the Mzansi Food App users to analyze the geographic coverage in order to make recommendations to the delivery drivers.
· We may apply profiles to you based on your personal data and behavioral information (such as the pages on the website or platforms you have visited or interacted.
· Such profiles may be used as part of our advertising, analytics and provision of support.
· We may use personal data provided from reviews or feedback.
· To provide you with marketing materials lawful basis: consent, legitimate interest where we are not required to rely on consent, to keep you updated with news.
· In relation to our products and services and to enable us to analyze how you interact with our communications.
· Where permitted by law (you will always be provided with an opportunity to opt-out of future messages),
· We may contact you with promotional messages regarding the Mzansi Food App and our and selected business partners’ products and services.
· For further information about marketing and how to manage your preferences, see the section 8 “Direct Marketing to users” below.
· To determine what events, products and services are likely to be of interest to you.
· This may be by reference to how you have interacted with our websites, platforms, or marketing e-mails.
· We may combine such information (whether you are logged in or not) with personal data.
· To comply with our legal obligations and in relation to legal claims lawful basis: legal obligations; legitimate interests to comply with legal or regulatory.
· We may use your personal data to enforce our terms, meet our legal and regulatory requirements which may include disclosing your personal data to third parties.
· We may record any requests for your information made by law enforcement, regulatory, governmental or judicial bodies.
· To reorganize or make changes to our business lawful basis: legitimate interests in order to allow us to change our business.
· We may also need to transfer your personal data to that re-organized entity or third party after the sale or reorganization for them to use for the same purposes.
· In the event that we:
· are subject to negotiations for the sale of our business or part thereof to a third party;
· are sold to a third party; or
· undergo a re-organization, we may need to transfer some or all of your personal data to the relevant third party (or its advisors)
We may undertake automatic analysis of your personal data to make certain decisions on an automated basis without human intervention.
This may include decisions around:
Allowing you to use, or to continue to use our apps and services - we may use information relating to the outcome of background checks, verification processes and behavioral analysis (such as where your behavior appears to be consistent with money laundering or known fraudulent conduct, or is inconsistent with your previous submissions, or you appear to have deliberately hidden your true identity) to automatically decide whether we will allow you to use our platforms and services, or to automatically stop you from using our platforms and services. We do this on the basis that it is necessary to enter into a contract with you, or that it is within the substantial public interest (processing to prevent or detect a crime).
Pricing – we may use information relating to your location and timestamps, the estimated duration and distance of journey related to deliveries of the Meal Orders, the number of concurrent customers and delivery drivers using the apps and our services within the vicinity, estimated traffic and other related information to determine the estimated duration of journeys related to deliveries. In relation to each of the instances of automated decision-making referred to above, you may have the right to require us to review the decision; to express your point of view; and to contest the outcome of the decision. We may reject the request, as permitted by applicable law, including when providing the information would result in a disclosure of a trade secret or would interfere with the prevention or detection of fraud or other crime. However, generally in these circumstances, our response will be limited to verifying (or requesting an applicable third party to verify) that the algorithm and source data are functioning as anticipated without error or bias. For more information about the rights you may have under applicable data protection law (and how to exercise these), please see the section below titled “Your rights in relation to your personal data”.
We may contact you with promotional messages regarding the Mzansi Food App and our selected business partners’ products and services by e-mail, SMS, phone, social media platforms and where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing on our website or in the Mzansi Food App. If you no longer wish to receive direct marketing messages, please click the “Unsubscribe from direct marketing messages” link in the footer of our marketing message.
Mzansi Food shares and discloses your personal data to third parties for the purposes and lawful bases set out in the section 6 above titled “How and why we use this personal data”. These third parties may include restaurants where a customer orders Meal, delivery drivers who deliver Meals, other service providers, advisors and our group companies, DISCLOSURE OF PERSONAL DATA FOR LAW ENFORCEMENT AND CLAIMS. Mzansi Food is committed to ensuring the safety of all customers and delivery driver partners using our services. We take all reports of misconduct seriously and we reserve the right, at our discretion, to volunteer information to third parties, law enforcement, regulatory, governmental or judicial bodies where required by applicable law or regulation or where we feel is necessary. If we are made aware that third parties, law enforcement, regulatory, governmental or judicial bodies require information about your personal data for an administrative or criminal investigation or in relation to legal claims we will comply as required by applicable law or regulation or to the extent that their request is reasonable and we are able to supply such personal data.
Personal data that we may provide may include:
· date of birth (if available);
· phone number;
· home address (if available);
· details about the Orders and Meals ordered, including food preferences; and details of the complaint made by the Customers, Driver, or applicable third party.
· We may, at our discretion, provide you with notice that we have provided such third parties, law enforcement, or regulatory bodies with your personal data.
· We reserve the right to proactively initiate police reports if we become aware of actions that may constitute a threat to safety or is of a criminal concern.
The personal data of delivery driver is disclosed to customers once the delivery driver accepted the request for delivery. The customer will see the delivery driver’s name and email address of the delivery driver. At the same time, the personal data of customer disclosed to the delivery driver with whom the customer concludes the delivery service. Similarly, the delivery driver will see the order number of the customer, geographic location of the customer and information of the Order for the Meal made by the customer (including the restaurant name and location where the Meal was ordered) and contact phone number of the customer. Pursuant to data processing agreement concluded between the delivery driver and Mzansi Food, after providing the delivery service, the delivery driver is entitled to retain the customer data related to the performance of the delivery service for the maximum period of 1 month. Please note that personal data of customers may be disclosed to delivery drivers and vice versa in connection with legal claims as per the section “Disclosure of personal data for law enforcement and claims” above.
The personal data of customers is disclosed to restaurant once the customer has made the Order for a Meal. The restaurant will see the customer’s first name and last name, contact phone number, geographic location of the customer, information about the Order and the Meal ordered, together with any information submitted by the customer in relation with the Order (for example information about food preference, cooking preferences, information about any allergies if such information is disclosed by the customer in the course of submitting the Order). Pursuant to data processing agreement concluded between the restaurant and Mzansi Food, after providing the delivery service, the restaurant is entitled to retain the customer data related to the performance of the service for the maximum period of 1 month. Please note that personal data of customers may be disclosed to restaurant and vice versa in connection with legal claims as per the section “Disclosure of personal data for law enforcement and claims” above.
The personal data of delivery driver is disclosed to restaurants once the delivery agreement between the customer and the delivery driver is concluded. The restaurant will see the delivery driver’s name, contact phone number, and geographic location of the delivery driver. Pursuant to data processing agreement concluded between the restaurant and Mzansi Food, after providing the delivery service, the restaurant is entitled to retain the delivery driver’s data related to the performance of the service for the maximum period of 1 month. Please note that personal data of delivery driver may be disclosed to restaurants and vice versa in connection with legal claims as per the section “Disclosure of personal data for law enforcement and claims” above.
No data transmission over the Internet or websites can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal data in accordance with applicable data protection legislative requirements. All personal data you provide to us is stored on our secure servers or our subcontractors’ secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website or mobile application, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.
Mzansi Food may disclose personal data to our third-party service providers, who may be located in countries outside of the South African Economic Area, subject to contracts with those third parties.
These may include:
· our companies.
· IT or payment services providers or driver verification checks providers.
· Please note that our payment gateway provider, PayGate, is fully PCI DSS compliant as a Level 1 Service Provider and
· Only authorized employees of Mzansi Food companies and partners have access to the personal data,
· And they may access the data only for the purpose of resolving issues associated with the use of the services.
You have the right to opt-out of marketing communications at any time. To do so, please click the “Unsubscribe from direct marketing messages” link in the footer of our marketing e-mail.
Under certain conditions, you may have the right to:
· be provided with details about what personal data we hold about you and to be provided with a copy of your personal data;
· require us to update any inaccuracies in the personal data we hold;
· in order to assist us with this, please keep your Account information up to date, or contact us of any updates that should be made to your personal data;
· withdraw your consent (where our processing activity is based on your consent);
· be provided with a copy of the personal data you have provided to us in a machine-readable format so that you can transfer it to another provider;
· or ask us to transfer this to another data controller (where our processing activity is based on contract performance or consent);
· require us to delete personal data (including where our processing activity is based on your consent or our legitimate interests).
· Please note that the uninstallation of the Mzansi Food Platform in your device does not itself cause the deletion of your personal data;
· restrict how we use your personal data whilst a complaint is being investigated;
· object to our processing of your personal data (where our processing is based on our legitimate interests);
· ask us not to reach decisions affecting you using automated decision making or profiling;
· Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime);
· If you would like to exercise a right, we encourage you to contact our customer support via firstname.lastname@example.org.
· If you exercise any of these rights, we will check your entitlement and respond in most cases within a month.
Our websites and platforms may contain links to other third-party websites. If you follow a link to any of those third-party websites, please note that they have their own Privacy Policies and that we do not accept any responsibility or liability for their Policies or their processing of your personal data. Please check these Policies before you submit any personal data to such third-party websites.
Company Contact details:
Company Physical Address: 15 Poplar Street Die Heuwel x 4 eMalahleni 1035
Tel no.: 012 743 5998