Effective: June 24th 2020
Practi Technologies Ltd, company number 09829987, whose registered office address is at Fleet Place House, 2 Fleet Place, London EC4M 7RF, England (“Practi”, "us", "we",or "our") operates the PRACTI POS mobile application (the "App") and is the controller of the personal data collected from you via the App.
“Just Eat” refers to our parent company, Just Eat Limited, whose registered office is atFleet Place House, 2 Fleet Place, London EC4M 7RF.
How the App works and how it uses your personal data
The App allows you to receive notifications of opportunities (which you may accept or decline) to complete deliveries for Just Eat restaurant partners (or other businesses) to consumers in accordance with orders placed by those consumers. While you’re checked in, the App allows customers to track how close you are to delivering their food and restaurants to know what time you will arrive at their restaurant.
To provide these services, the App needs your mobile number and GPS location as without this, the App won’t work. For example, we show hungry consumers your
location so they know where their food is and when to expect delivery. If we don’t know your GPS coordinates, they won’t know when to get ready at the door. The same is true for restaurants. We show them where you are so they can prepare the food for when you will be arriving. Both are designed to reduce the amount of time you spend waiting.
1. Information we collect from you and why
1. The personal information that we may collect about you broadly falls into the following categories:
a. Information that you provide voluntarily
You must use the App in order to operate as a delivery partner for the restaurant and so you will need to complete the onboarding process for the App. You will be required to provide your mobile number and perhaps also your email address (if we cannot contact you via the mobile number you provide). This will be associated with the account you use to log into the App and will enable us to send you orders and to respond to any requests we receive from you.
When you use the App, a pop-up will display asking you for permission to allow us to track your GPS location while you are using the App. This is necessary in order to deliver the App’s key services. See below for further information on our use of tracking technologies.
b. Information that we collect automatically
The App collects certain information automatically from your device, such as its model, manufacturer, MAC address and software version. We use this data anonymously for analytical purposes to understand how our users interact with our services and it also gives us better insights to fix any technical issues that arise within the App
2. Who we share personal information with
In addition we may also disclose your data to any law enforcement or regulatory body, government agency, court or other third party where we believe disclosure is necessary(i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
If any part of our business enters into a joint venture, purchases another business or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, or new business partners or owners or their agents and advisors. In these circumstances we will always inform the relevant entities that they must only use your personal information for the purposes disclosed in this PrivacyPolicy. We will not sell, distribute or lease your personal information unless we have your permission or are required by law to do so.
3. Our use of tracking technologies
As part of the App, we track your usage through the use of unique device identifiers.Mobile users can refuse tracking through the settings menus on their device. This can be found as follows on the following devices:
Apple devices: Go to Settings > select “Courier App” > Location > select ‘Never’ ‘WhileUsing the App’ or ‘Always’
Android devices: Go to Settings > Apps > select “Courier App” > Permissions >Location, Turn off
Please note that if you turn off the tracking settings on your phone, the App will not work properly and your phone will prompt you to switch the location settings back on. We really need your GPS location to provide you with the App’s core services and turning this off means that the App cannot notify you of delivery opportunities, which will impact your ability to make money.
4. Legal basis for processing personal information
Our legal basis for collecting and using your personal information as described above will depend on the specific context in which we collect it. We will always make sure that we have a legal basis to collect and use your personal information, and that legal basis may change depending on the type of personal information and the context in which we collect it. Generally, we rely on the following three legal bases for collecting and using your personal information:
Legitimate interests (as long as those interests are not outweighed by your rights and interests): it is in our legitimate interests or the interests of third parties (such as our customers and other companies within the Just Eat group) to collect personal data for the purposes of providing and operating the App; to enable Practi to enhance, customise or modify the App; and to enhance data security. We also rely on legitimate interests when we correspond with you about the App (including offering support for theApp). If you have questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us using the contact details provided under the “How to contact us” heading below.
Consent: When we collect data related to your GPS location we ask for your prior and specific consent through your device settings, also by means of specific features of the App. Your specific consent, which may be expressed through the App, is also required for the use of tracking technologies. You can withdraw your consent at anytime, but if you do, you may not be able to use all the functions of the App.
Similarly, we will seek your specific and prior consent in the event we wish to target you with our direct marketing communications.
Legal obligation: We also process your personal data in order to comply with legal obligations (e.g. in the event of legal proceedings or in order to comply with employment/social security laws) or we might need to process it or share it with others to “protect your vital interests” (this is legal speak for saving your life) or those of a n other person (e.g. in a case where another person’s life is in danger). If you have questions about, or need further information concerning, the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading below.
5. International data transfers
We may transfer your personal information to countries other than the country in which you are resident (to where other Just Eat group companies or our service providers have operations) and which are outside the European Economic Area. Where we transfer personal data we will take account of any applicable statutory obligationsrelevant to such transfers and, where the laws of the country of import do not provide adequate protection we will implement appropriate safeguards t. Some of the safeguards Practi rely on include using the European Commission’s approved standard contractual clauses with sub-processors, intra-group transfer agreements (so that we can safely transfer personal information between the Just Eat group of companies) and
contracting with Privacy Shield certified companies in the United States, where this is appropriate.
The security of your personal information is important to us, but no method of transmission over the internet, or method of electronic storage is 100% secure. Practi places great importance on protecting your information from and against unauthorised access and against unlawful processing, accidental loss, destruction and damage. We implement appropriate technical and organisational measures to safeguard such information.
Connections to the App are encrypted using 256-bit SSL with integrity assured by theSHA2 RSA algorithm. We use servers that comply with strict international data security standards, including ISO 27001. You are responsible for your login information and password and must keep them confidential.
7. Data retention
We will retain your personal data you provide voluntarily for as long as we have an ongoing legitimate business need to do so. Therefore, we will retain your personal data as long as you are a delivery partner of one of Just Eat’s restaurant partners, and for a period of 10 years following the termination, for any reason, of your account, in order to enable us to meet our legal, tax or accounting obligations or to issue or resolve legal proceedings.
For the same reasons, we will retain your data automatically collected from you and related to your GPS location for 5 years following the termination for any reason of your account, and the data related to the recorded calls with you for 1 year following their recording.
If you object to us processing certain categories of your personal data (including, where relevant, in relation to receiving marketing communications from us), we will retain a record of your objection to the processing of your data so that we can continue to respect your wishes.
We will destroy or permanently anonymise your personal information at the point that we no longer need to process it for our ongoing legitimate business needs or for any legal reason. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store it and isolate it from any further processing until deletion is possible.
8. Your data protection rights
Practi provides you with the tools to access, review or update your personal information at any time through your account. If you wish to request deletion of your personal information, you can do so by contacting us using the contact details provided below.
You can object to processing of your personal information, ask us to restrict processing of your personal information or request that it be ported to a third party. You can exercise these rights by contacting us using the contact details provided below.
Similarly, if we collect and process your personal information on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection supervisory authority about our collection and use of your personal information.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9. Children’s privacy
We do not knowingly collect personally identifiable information from anyone under 16. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected
personal information from someone under age 16 without verification of parental consent, we will take steps to remove that information from our servers.
We encourage you to periodically review this page for the latest information on our privacy practices.
11. How to contact us
Practi Technologies Ltd, UK Private limited Company, Company number 09829987
Registered office address: Fleet Place House, 2 Fleet Place, London EC4M 7RF,England
Talk to us on 020 3608 4840
The controller of your personal information is Practi Technologies Ltd.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
Practi Technologies Ltd. of Fleet House Place, 2 Fleet Place, London EC4M 7RF (“Practi”, “we”, “us” or “our”) license you to use this PRACTI POS mobile application (the “App”) as permitted in these terms. By downloading, accessing or using the App, you agree to be bound by these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
OTHER TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the rules and policies of the app store from which you download it, such as Apple ( www.apple.com/uk/ios/app-store/ ) and Google Play (play.google.com). Their rules and policies will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This App requires an iOS (version 11.4 or later) or Android (version 6.0 or later) device.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or have any problems using it please contact our support resources at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by SMS or email, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
• download or stream a copy of the App onto [NUMBER AND DESCRIPTION OF MOBILE TELEPHONE OR
HANDHELD DEVICES ONTO WHICH APP MAY BE DOWNLOADED OR STREAMED] and view, use and display the App on such devices for your personal purposes only. [
• provided you comply with the section headed “LICENCE RESTRICTIONS” BELOW, make up to one (1) copy of the App for back-up purposes; and
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out above in the section “HOW YOU MAY USE THE APP”. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
UPDATES TO THE APP AND CHANGES TO THESE TERMS
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the App.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you notice of any change by sending you an SMS with details of the change or notify you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any
person without prior written consent from us;
• not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program
(“Permitted Objective”), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
ACCEPTABLE USE RESTRICTIONS
• not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in or to the App, other than the right to use it in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. However, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system
requirements advised by us.
Limitations to the App.
The App is provided for general information purposes only. Although we make reasonable efforts to
update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App and the Services are suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app store site meet your requirements.
We are not responsible for events outside our control. If our provision of or support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
• you must stop all activities authorised by these terms, including your use of the App;
• you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have; and
• we may remotely access your devices and remove the App from them and cease providing you with access.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.