Personal data generally means information that can be used to individually identify a person, and processing generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Foodemp will be the controller of your personal data processed in connection with our services. Foodemp and the restaurants who operate on the Foodemp Platform (“Restaurant” or “Restaurants”) are joint controllers in respect of any personal data that is processed for placing and completing orders made with a Restaurant via the Foodemp Platform. If you are a customer of a Restaurant and have queries how your personal data is processed by the Restaurant or wish to address your rights, please contact the Restaurant.
Personal Data We Collect
In providing our services, we may collect and process the following information:
Personal Data Collected Directly From You.
We receive personal data directly from you when you provide it to us through use of the Website, place an order for food with a Restaurant through the Foodemp Platform or through creating an account on the Foodemp Portal, including, but not limited to:
You may also include details in your food order that indicate your health information or religious beliefs.
Personal Data Collected From Third Party Sources
A Restaurant may provide us with personal data about you in order for us to fulfil food orders placed with the Restaurant through the Foodemp platform.
Personal Data Collected We Automatically Collect
Some personal data is automatically collected when you use the Website, such as:
browser information; and
How We Use Personal Data
We process personal data to operate, improve, understand and personalise our services e.g. we use personal data to:
place and complete food orders made with a Restaurant through the Foodemp Platform;
personalise Foodemp content based on your preferences;
communicate with you;
protect against or deter fraudulent, illegal or harmful actions;
respond to user inquiries;
provide support and assistance through the Foodemp Portal;
comply with our legal or contractual obligations;
enforce our terms and conditions; and
Lawful Basis for Processing
Purpose of Processing: Lawful Basis under GDPR
Administration Purposes: Such processing is necessary for the performance of a contract between you and a Restaurant, where necessary for the purpose of complying with our legal obligations and where you have consented to providing certain information in relation to your food order preferences at the time of purchase.
Training, quality monitoring or evaluating the services we provide: Such processing is necessary for the legitimate interests pursued by us in monitoring and improving our services and their usage and ensuring that our users use the Website and the Foodemp Portal in accordance with our terms and conditions and policies.
Website services, including for troubleshooting, data analysis, and survey purposes: We have a legitimate interest in operating and maintaining the Website and for related purposes including improving our services.
Statistical information that cannot be related back to individuals to help us improve the services we offer: We have a legitimate interest in carrying out certain analytics to ensure the services we provide to Restaurants are effective and operate appropriately.
Enforcing and Defending Our Rights: We have a legitimate interest in ensuring that our services and the Website are used in accordance with our terms and conditions of use and policies. Where necessary for the purpose of complying with our legal obligations.
Where necessary for the purpose of establishing, exercising or defending a legal claim, a prospective legal claim, legal proceedings or prospective legal proceedings.
Individual Data Subject Rights
Data Protection Laws provide certain rights in favour of data subjects (the “Data Subject Rights”).
Data Subject Rights include the right of a data subject to:
access personal data;
rectify or erase personal data (i.e. right to be forgotten);
object to processing; and
object to automated decision making (including profiling).
These Data Subject Rights will be exercisable by you subject to limitations as provided for under Data Protection Laws.
If you require more information about how a Restaurant processes your personal data or you wish to exercise any of your data subject rights in respect of the processing of your personal data by a Restaurant you should contact the Restaurant directly.
In relation to the processing of your personal data by Foodemp, you may change your privacy settings through the Foodemp Portal. You may also contact us or make a request to exercise any Data Subject Right by contacting [email protected] Your request will be dealt with in accordance with Data Protection Laws.
Disclosing Your Information
We do not share any personally identifying data with third parties and will not disclose your personal data to any other party except as set out in this policy. Foodemp may be required to disclose personal data in some scenarios e.g. when you violate our terms and conditions or other policies. Foodemp may disclose such personal data, at our sole discretion, if we believe it necessary or appropriate in connection with investigation of fraud, IP infringement, piracy, or other unlawful activity. This may require disclosure of your name, address, phone number, or email.
Foodemp may engage other companies and people to perform tasks on our behalf (i.e. processors) and may need to share your information with them to provide you with our services e.g. delivery services, hosting services, analysing data, billing, and marketing assistance.
In some cases, Foodemp may buy or sell its assets which may involve the transfer of user information. Foodemp will transfer such information if we are acquired by or merged with another company. In this event, we will notify you by email.
Without limiting the above, in an effort to respect your privacy and Foodemp’s ability to keep the community free from bad actors, we will not otherwise disclose your personal data to law enforcement, other government officials, or other third parties without a court order, law enforcement request, legal process, or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect Foodemp’s rights or the rights of third parties, prevent physical harm or financial loss, or to report suspected illegal activity.
Personal Data Obtained by Restaurants
As part of the food ordering process, a Restaurant may obtain from Foodemp a user’s name, email, phone number, delivery address or other information. This information should only be used for Foodemp-related communications or for Foodemp -facilitated transactions.
Where users consent to direct marketing, the user’s consent is provided directly to the Restaurant. Foodemp, acting as a processor, may assist Restaurants in managing users’ consent preferences. Users may unsubscribe from direct marketing through the opt-out link included in marketing communications. Foodemp also acts as processor when it assists Restaurants with managing their analytics.
Third Party Links
Service-related Announcements and Changes
While you may make a complaint in respect of Foodemp's compliance with Data Protection Laws to the Data Protection Commission, we ask that you contact us in the first instance to give us the opportunity to address your concerns.
This Policy was last updated in February 2021.