MUNCH Driver/Rider Privacy Policy

Please contact us on the email address info@munchafrica.com if you have any questions

MUNCH is committed to protecting the privacy of riders who apply to ride with us (“MUNCH Rider Applicants”), our riders and their substitutes, including all users of the rider mobile device application (the "MUNCH Rider App") and related services. We’ll be the “data controller” of the information we collect about you.

This privacy policy applies to MUNCH Rider Applicants, riders and substitutes (to the extent that we are able to identify you, except for paragraphs 2.1 to 2.3 and any other references to the application and on boarding process, which do not apply to substitutes) (“you” or “your”). If you are a rider, you must ensure that your substitute has read this privacy policy before riding with us. When a rider engages a substitute, the rider and substitute will have access to each other’s information shown in the MUNCH Rider App, such as recent deliveries and tips.

Please read the following privacy policy which explains how and why we collect, use and protect your information.

1. CONTACT DETAILS

If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please get in touch with us using the following details.

By contacting our support team at: info@munchafrica.com

2. INFORMATION THAT WE COLLECT ABOUT YOU

We collect your information in a variety of ways, such as when you apply to be a MUNCH Rider and when you use the MUNCH Rider App. More details about how your information is collected are listed below.

Your MUNCH Rider Application and account set up

When you apply to ride with MUNCH, we ask you to provide information about yourself including your name, contact details, vehicle type, date of birth, address, your right to work, and whether you have any unspent criminal convictions.
During the application process, or at subsequent times where further checks are required, we (or a third party) will ask you to provide further information and documents, such as a copy of your passport and proof of address for criminal background checks and right to work checks. If you are required by applicable law to have a licence or insurance for your vehicle type, we’ll also ask you to provide evidence that you’re compliant with this law, as well as your vehicle registration details.
For your account set-up, we will ask you to provide financial (including bank details) and further information related to your services for MUNCH such as contact details of your next of kin (whose details you have permission to share with us for emergency purposes), where you want to work, your kit and a photo. We record your MUNCH rider payment arrangement.

Payment, ride planning.

We record your deliveries, your tips if obtained via the MUNCH Rider App, your calculated fees and associated fee statement.
We collect your most recent rider activity relating to your attendance of booked sessions (where you make bookings), super peak participation and whether you’ve avoided late cancellations.

Your location

When you request to use a location-based function in the MUNCH Rider App, for example when you want to find a zone centre or use the zone selector control, we access your location from your device in order to provide this functionality. This includes when you opt to use these functions whilst your status is set to “offline” i.e. not available for orders. If you do not want us to view your location when you are “offline”, please do not request these functions.
When your status is set to “online” (i.e. available for orders) on the MUNCH Rider App, we intermittently collect your location data. If you do not want us to view your location, please change your rider status to offline, but please note that you will need to be online for the MUNCH Rider App to allow you to be offered and/or complete orders.

Your use of the MUNCH Rider App and Rider Support

When you use the MUNCH Rider App we collect information about your usage of the MUNCH Rider App, including about your rider status and (when online) your order progress swipes.
When you interact with our rider support function via email, phone, post, chat or on the MUNCH Rider App (“Rider Support”) or Customer Services, including when you report any incident, our team may collect and use information about you. Your communications with us will be stored. If you contact Rider Support by phone, your calls may be recorded for internal Rider Support training and improvement purposes.

Cookies

We use cookies or other similar technologies to enable auto-login for you into the MUNCH Rider App, for API authentication and to obtain technical information about your device that may affect the technical functionality of the MUNCH Rider App, for example, certain characteristics of and performance data about your device, MUNCH Rider App and operating system, including your device type, network connection type, app version, phone language, screen size and platform.
You have the right to use your device settings to reject or remove these functional technologies, however, please be aware that if you do this, the MUNCH Rider App will not function correctly, and you will not be able to carry out your services as a rider with MUNCH.

Information about your services

We may receive information about your services or any incident you may have been involved with from the restaurants who work with us (our "Partner Restaurants"), our customers, other riders, or members of the public.
If you take advantage of the perks offered by a third-party partner, the partner will share information with us about your interest in those perks.
We may collect information about you from the feedback you send us or provide to us through focus groups or surveys.
When you use websites or applications of third parties in connection with your services for MUNCH, including during the application and on boarding process, those sites or applications may collect and process your information independently of MUNCH. We recommend that you check their privacy policies to understand how they process your personal data.
We may request your personal data to verify your right to work, such as copies of your identification documents and/or a photograph of you.

3. USE OF YOUR INFORMATION AND WHY

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 if: we need to process your information for the performance of a contract with you, or at your request before we enter into a contract; we have your consent; we have a justifiable reason for processing your data; it is in the public interest for us to process your data; or we are under a legal obligation to do so. Where we need to process your information for the performance of a contract with you, or at your request before we enter into a contract, we use your information:
1. to provide and manage your MUNCH Rider Application, account, and on boarding process, including to execute your Supplier Agreement.
2. to provide you with access to and use of the MUNCH Rider App as a means of MUNCH engaging your services, including to enable you to accept orders and to provide you with the self-service booking tool.
3. to communicate with you about operational information relating to your services to MUNCH, such as closed zones, any important changes or developments to the MUNCH Rider App and about your upcoming booked sessions.
4. to enable Support to communicate with you to support your services;
5. to offer you order-specific delivery fees (where available in your market) and calculate and administer payments for your rider services and any referrals. Sometimes it may be necessary to use your location data to confirm what payments are due to you, for example whether a surge fee was applicable to you at a certain time and location.

We also process your data where we have a justifiable reason for doing so. We have listed these reasons below:

To communicate with you

to help you to complete your MUNCH Rider Application;
to contact you for your feedback on your rider experience;
to inform you about opportunities to make more money in connection with the services you provide, such as by riding at certain times or by referring your contacts as riders;
to send you news and information in connection with your rider services and the rider community and to help you to understand more about MUNCH.

For our on boarding and delivery operations

to perform right to work, road licence and insurance checks, and to audit and store evidence of these, to ensure that you are legally compliant when providing the services and to comply with our internal policies, protect our reputation and mitigate our legal risks;
We check whether or not you have the right references because it is in our legitimate interests (and the legitimate interests of our customers, riders and Restaurant Partners) to try to prevent our platform from being used for any unlawful purpose and to protect the safety of our customers, other riders and Restaurant Partner staff, with whom you will work closely when providing the services.
to make the most efficient decisions when offering you orders based on factors like your location, and to determine your level of priority access to booking using your “Statistics” data. Data protection law describes this as profiling;
to enable you to use or benefit from an insurance policy;
to enable our Rider Support, tech and engagement teams to help you with any issues, enquiries or complaints efficiently and effectively, including to fix any bugs or other technical issues in the MUNCH Rider App using technical information relating to your device;
to provide MUNCH services and a positive experience to our customers and Restaurant Partners, such as by providing live order progress updates using your order progress swipes on the MUNCH Rider App;

To develop our business, systems and services

to understand from your data (such as your order progress swipes and other MUNCH Rider App usage, feedback you give about orders and your location data) as well as the data of other riders, what attributes to a positive or negative customer, restaurant or rider experience with MUNCH and what might cause inefficient deliveries or damage to MUNCH, and use this data to responsibly design, develop, test and implement new tools, processes, and relationships to improve our business, systems and services;
to analyse data about your rides to make certain assumptions about the types of promotional offers that may be particularly beneficial for you when providing services to MUNCH. For example, this might result in us sending you deals relevant to the area where you most often work. Data protection law describes this as profiling;
to train our algorithms to make the most effective and accurate decisions.
to interact with you (such as via communications or MUNCH Rider App functionality) to encourage MUNCH’s network efficiency based on our analysis of your services;

To protect MUNCH

for the exercise or defence of legal claims and to exercise and protect the rights of MUNCH, Restaurant Partners, customers, or others, including determining our liability;
to enforce the terms of your Supplier Agreement and keep records of such enforcement, including using your data to analyse whether you have breached your Supplier Agreement (such as by misusing the MUNCH Rider App or acting fraudulently), which may result in us disabling or terminating your Supplier Agreement if we have the right to do so;
to investigate any complaints or incident reports relating to a rider and to prevent fraud or other misuse of our systems and services;

4. DIRECT MARKETING

Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know by email about MUNCH’s products and services or any promotions from third parties which are designed to support your provision of services to MUNCH, such as by reducing the cost to you of providing services and by helping you to provide the services more safely through special deals we find for riders. You always have the option to unsubscribe from these emails.

5. AUTOMATED DECISION-MAKING

A completed delivery under your Supplier Agreement is the collection of order items from one or more partner restaurant(s) and delivery to one or more customer(s). Rider fees are paid for completed deliveries only. We analyse your data and automatically confirm which deliveries you are due fees for.

You can choose to un-assign from a delivery at any time, through the MUNCH Rider App where possible or by contacting Rider Support. In addition, you can simply reject offers of orders freely. Choosing to not complete a delivery, without informing MUNCH and while still claiming the delivery fee, is fraudulent activity and a serious breach of your

Supplier Agreement.

We use automated systems to make the automated decisions described above as they provide a more accurate, fair and efficient way of identifying suspected fraud, preventing repeated breaches of your Supplier Agreement and limiting the negative impact on our service. Human checks would simply not be possible in the time frames and given the volumes of deliveries that we deal with.

You have the right to contest the automated decisions referred to in this section by using the contact details set out in this privacy policy, in which case a person will review the decision.

6. SHARING YOUR INFORMATION

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

Sharing your information internally: We share your information with other MUNCH group companies only where necessary for the purposes set out in section 3.
Sharing your information with third parties: We share your information with third party service providers who will store your information on their servers. The types of third party service providers whom we share your information with includes:
1. IT service providers: including cloud, software, analytics, communications and data storage providers and SDKs.
2. Operational service providers: including feedback and survey providers, background and right to work verification and on boarding providers, our support service providers, payment providers, user research partners, professional advisors, financial services providers and other suppliers, business partners, contractors and subcontractors.
3. Partner Restaurants and customers: we provide limited information to Partner Restaurants and customers whose orders you accept, for the purposes of our operations.
4. Insurance companies: if you decide to purchase third party products or services (such as insurance), or where you are enrolled into a MUNCH insurance policy, you or the provider may request that we provide your information to the provider to enable them to provide the products, services or policy to you, so we will share this information for this purpose. We may also need to share your information with our insurers to establish whether we are liable for any incident you have been involved in whilst providing services to us.
5. Partners: If you have indicated an interest in their services.
6. Anyone who refers you as a rider: Your referrer will be given updates about progress towards their referral fee in relation to you, such as if you've reached the required orders for them to receive their fee or if their referral has been unsuccessful.
7. Media: where we have the legal right to do so, such as if you share (including by publishing or causing to be published) any details about your rider services for MUNCH which are misleading or inconsistent with our records of your rider services for MUNCH, including regarding details about your earnings, we may share your information (such as in the form of a correction) with the media.

we may also share your information:
1. 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 where we’re under a legal obligation to respond to police data requests or to exchange information with other companies and organisations for the purposes of fraud protection and prevention;
2. where we reasonably believe that you or another person has been harmed or is at risk of harm in connection with your rider services for MUNCH;
3. in order to enforce our contractual terms with you;
4. in the event of a dispute relating to your services to MUNCH, or to protect the rights of MUNCH, Restaurants partners, customers, or others, including to prevent fraud;
5. with such third parties as we reasonably consider necessary in order to detect or prevent crime, e.g. the police; and
6. when a rider engages a substitute, the rider and substitute will have access to each others’ information shown in the MUNCH Rider App, such as recent deliveries and tips. If a rider makes a request to us for access to their personal data then in our response we may provide to the rider some personal data about the substitute, for example data relating to deliveries the substitute has worked on.
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;

7. RETENTION OF YOUR INFORMATION

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

Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with our justifiable reasons for processing or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.
When determining the relevant retention periods, we will take into account factors including:
1. our contractual obligations and rights in relation to the information involved;
2. legal obligation(s) under applicable law to retain data for a certain period of time;
3. statute of limitations under applicable law(s);
4. our justifiable reasons for processing where we have carried out balancing tests (see section on ‘Use of your information and why’ above);
5. (potential) disputes; and
6. guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

8. SECURITY

We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected.

We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
Where you have chosen a password which allows you to access certain parts of the MUNCH Rider App, you are responsible for keeping this password confidential. We advise you not to share your password with anyone, other than any substitute you are working with. If you do choose to share your password with your substitute, please make sure they are also aware that they must keep it confidential and secure and not share it with anyone else.
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 us; 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.

9. YOUR RIGHTS

Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact us using the contact details set out below. For additional information on your rights, please contact your data protection authority.

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.
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).
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).
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 the information that we hold about you by contacting us (see Contact Details). The right is not absolute and only applies in certain circumstances.
The right to restrict processing. You have rights to ‘block’ or ‘supress’ further use of your information. When processing is restricted, we can still store your information, but will not use it further.
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).
The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with a competent data protection authority (see Complaints).
The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. if we rely on consent as a legal basis for processing certain 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.
The right to object to processing. You have the right to raise an objection to certain types of processing, including processing for direct marketing and profiling. You can object by contacting us on the details above (Contact Details).

10. CHANGES TO OUR PRIVACY POLICY

Any changes to our Privacy Policy will be posted to the MUNCH Rider App and, as appropriate, through notification in the MUNCH Rider App or by email.

11. COMPLAINTS

If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint using the following details:

info@munchafrica.com