MUNCH Partner Privacy Policy

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

Where this privacy policy refers to “MUNCH”, “we”, “us, “our”, this means one or more of the particular group companies (each a “Group Company”) that processes your personal data for its respective independent purposes.

MUNCH is committed to protecting the privacy of individuals (“MUNCH Partner Representatives”) who are representatives of a company which has a corporate relationship with MUNCH, or is a prospective business partner of MUNCH, including restaurant partners, MUNCH for Business clients, MUNCH suppliers and restaurant suppliers (“MUNCH Partner”).

This includes MUNCH Partner Representatives who use technology provided by or on behalf of MUNCH, including Restaurant Order Manager.

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 we onboard a restaurant as a new partner and you use the Apps. More details about how your information is collected are listed below.

Lead generation

In some instances, when looking for opportunities with new MUNCH Partners, we may have obtained your contact details from a third party source, such as LinkedIn, Google, a publicly available source or business data provider, or another business contact may have provided us with your details.

Negotiation of a contract and on boarding a new MUNCH Partner

When a contract is being negotiated with a MUNCH Partner and we are on-boarding a new MUNCH Partner, we ask you as a MUNCH Partner Representative to provide information about yourself including your name, contact details and business address.

During the on boarding process, we create a business profile for the MUNCH Partner and we will ask you to provide information in order to create and maintain this partner profile, which will include business payment data.

Management

Once a new MUNCH Partner has been on boarded we process your personal data as a MUNCH Partner Representative, for the purposes of managing the MUNCH Partner’s relationship with MUNCH.

We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing the Business Apps.

We also collect technical information about your use of our services through technology Such as the Restaurant order management system

Payment

When we make payments to MUNCH Partners we produce payment files (which are transferred to third party providers for the purposes of processing payments), which include MUNCH Partner payment data and as a MUNCH Partner Representative this will include your name.

Your location

When you have provided permission at a device level, we may process location data obtained from our security providers. This is collected for the reasons explained in section 3 below.

Support

When a MUNCH Partner requires support from us we collect certain information, such as information about your query, including notes regarding the issue, your use of the ROM device (if relevant) and your contact details, as a MUNCH Partner Representative.

When you interact with our Business Support team via email, phone, post, chat or on the Business Apps, 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 the support team by phone, your calls may be recorded for internal support training and improvement purposes.

We use cookies or other similar technologies to enable auto-login for you into the Business App and to obtain technical information about your device that may affect the technical functionality of the Business App, for example, certain characteristics of and performance data about your device, 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.

Information about the services

If a MUNCH Partner takes advantage of the perks offered by service providers on our perks page, we will share with the service provider the information provided to us about the MUNCH Partner’s interest in those perks, which may include your details as a MUNCH Partner Representative.

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 the services being provided by MUNCH, including during the 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.

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.

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

To facilitate the contract between MUNCH and the MUNCH Partner

to provide and manage the MUNCH Partner application, account, and on boarding process, including to execute the agreement between the MUNCH Partner and the relevant MUNCH entity (the “Agreement”);
to communicate with you about operational information relating to any services being provided to you by MUNCH, such as any important changes or developments to a Business App and about your upcoming booked orders;
to enable Business Support to communicate with you to support the provision of services to the MUNCH Partner; and
to enable us to process payments to the MUNCH Partner.

To communicate with you

to help you to complete the MUNCH Partner application;
to contact you for your feedback on your experience;
to provide you with news and information in connection with MUNCH and to help you to understand more about MUNCH, by email or phone;
to inform you of MUNCH product updates; and
to provide support to you for live operations.

For on boarding and managing our relationship with MUNCH Partners

to create and maintain MUNCH Partner account information;
to enable our Support, tech and engagement teams to help you with any issues, inquiries or complaints efficiently and effectively, including to fix any bugs or other technical issues using technical information relating to your device;
to use location data for the purposes of confirming the position of your restaurant (if relevant) to avoid riders arriving at the incorrect location;
to arrange to take pictures of restaurant premises for the MUNCH app or website;
to maintain a list of restaurants that MUNCH has on boarded.

To develop our business, systems and services

to understand from your data 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 to make certain assumptions about your position within the MUNCH Partner entity so that we send you the types of promotional offers that may be particularly relevant to your area of your business;
to use basic location data on an aggregate basis to develop and improve our business;
to interact with you to encourage MUNCH’s network efficiency based on our analysis of your services; and
to analyse your activity so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud.

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 the Agreement and keep records of such enforcement, including using your data to analyse whether you have breached the Agreement (such as by acting fraudulently), which may result in us disabling or terminating the Agreement if we have the right to do so; and
to investigate any complaints or incident reports relating to MUNCH’s relationship with MUNCH Partners and to prevent fraud or other misuse of our systems and services.

We also process your personal data where we are under a legal obligation to do so we may use your information:

to keep a record of payments made to or from the MUNCH Partner to the extent they include your personal data; and
to comply with any other legal obligation or regulatory requirement to which we are subject.

Where we rely on our justifiable reasons for processing as a basis for processing your personal information, we carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our justifiable reasons for processing. You can find out more information about these balancing tests by contacting us using the details above.

4. Direct marketing

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 and/or any promotions from third parties relevant to you except where local law requires us to obtain your consent, in which case we will obtain your consent prior to sending the relevant communication. You always have the option to unsubscribe from these emails.

5. 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 with whom we share your information with includes:

IT service providers: including cloud, software, analytics, communications and data storage providers and SDKs.

Operational service providers: including feedback and survey providers, 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.

In applicable circumstances, we may also share your information:

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;
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;
in order to enforce our contractual terms with the MUNCH Partner;
in the event of a dispute relating to the MUNCH Partner’s services to MUNCH or the services provided to the MUNCH Partner, or to protect the rights of MUNCH, restaurants partners, customers, or others, including to prevent fraud; and
with such third parties as we reasonably consider necessary in order to detect or prevent crime, e.g. the police.

Please contact us using the contact details above if you want further information on the countries to which personal data may be transferred and (if applicable to you country) the specific mechanism used by us when transferring your personal data out of your country.

6. Retention of your information

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

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:

our contractual obligations and rights in relation to the information involved;
legal obligation(s) under applicable law to retain data for a certain period of time;
statute of limitations under applicable law(s);
our justifiable reasons for processing where we have carried out balancing tests (see section on ‘Use of your information and why’ above);
(potential) disputes; and
guidelines issued by relevant data protection authorities.

Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

7. Your rights

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

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 the 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 ‘suppress’ 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).

8. Changes to our privacy policy

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

9. 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 to the data protection regulator in your local jurisdiction or by contacting MUNCH using the contact details in the Contact Us section:

This privacy policy was last updated: 20/07/2021