Published on 02.21.21
Last Updated: 21 May 2021
KiwiMe Inc ("KiwiMe") respects your right to privacy. This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights. This Privacy Notice only applies to personal information that we collect through our website at http://www.kiwime.io, the Retail Partner App at https://apps.apple.com/co/app/kiwime or https://play.google.com/store/apps/details?id=com.kiwime.vendor or the Driver App at https://apps.apple.com/co/app/kiwime-driver/id1562147818 or https://play.google.com/store/apps/details?id=com.kiwime.driver (Collectively, the “Apps”) as well during any written, electronic, and oral communications. If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Notice. KiwiMe may collect Personal Information to help you place and receive orders and to improve the KiwiMe service.
Our services may change from time to time. As a result, we reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes you must cease using our services. We recommend you review this Policy periodically. This Policy became effective on the date indicated at the bottom of this page. Your continued use of our services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.
The personal information that we may collect about you broadly falls into the following categories:
● Information that you provide
Certain parts of our Apps may ask you to provide personal information voluntarily: for example, we may ask you to provide your contact details such as your name, email address, hashed password of your selection, store address, category of products sold by your store, phone number, delivery instructions, your customer’s phone number and address as well as details of your communication subject, order details and request information when you contact us via the contact form. We collect information relating to any orders you place on the Apps. When you add a credit card or payment method to your account, a third party that handles payment for us will receive your card information. To keep your financial data secure, we do not store full credit card information in our servers.
● How do we use your data that you provide?
● Information that we collect automatically
When you use or visit our Apps, we may collect certain information automatically from your device. Specifically, we collect the date and time of account creation, your IP address and user transaction records which includes information about how your device has interacted with our Apps, including the pages accessed and links clicked. We may also collect your device type, unique device identification numbers, browser type and broad geographic location (e.g. country or city-level location). We do not use or collect “cookies” or other tools that track, measure and analyze the behaviors and usage patterns of visitors to the Apps.
● How do we use your automatically collected data?
● Driver App
If you are a KiwiMe driver using the Driver App, we need to access your location while you are using the Driver App so that we can offer you orders for delivery, and track your location during delivery.
If you are using an iOS device, you must set your location settings to “Allow Location Access: Always” and “Precise location: on”.
If you are using an Android device, you must set your location settings to “Allow Location Access all the time”.
These tracking settings must be turned on while you are using the Driver App. If you turn off the tracking settings on your phone, the Driver App will not work properly and your phone will prompt you to switch the location settings back on.
You may choose to turn off these settings when you are not using the Driver App. Even if you choose to leave these settings on when you are not using the Driver
App, KiwiMe will not access your location when you are not on shift or using the Driver App.
The Driver App can collect images from your device's camera and photos. This is for the purpose of tracking successfully delivered orders and improving our services and we cannot do this unless we have the required permissions/access to access your camera or photos.
We may disclose your personal information to the following categories of recipients:
● To KiwiMe employed drivers;
● To our third party services providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Apps), payment method providers (such as credit card networks) when we provide payment processing services, or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information;
● To any competent law enforcement body, regulatory, 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;
● To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;
● To any other person with your consent to the disclosure.
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you
whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
If we collect and use your personal information in reliance on our legitimate interests, this interest will normally be to operate our Apps and communicating with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, or improving our Apps. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.
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 below.
However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any information to KiwiMe. Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with other through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us on the contact information below.
Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country. Your personal information may be subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
Our Standard Contractual Clauses can be provided on request. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with information you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
You have the following data protection rights:
● If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided below.
● In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided.
● You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
● Similarly, if we have collected and process your personal information with 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.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.
You can see when this Privacy Notice was initially published by checking the “published on” date displayed at the top of this Privacy Notice.
If you have any questions or concerns about our use of your personal information, please contact us using the following details: firstname.lastname@example.org
246 Stewart Green SW
Calgary, Alberta T3H 3C8