EESTI KEELES

Effective from 07.02.2023

This Privacy Policy describes the rules by which Fudy processes Customers’ personal information

1. DEFINITIONS

1.1. In the Privacy Policy, the following definitions shall apply:

2. CONTROLLER

2.1. According to the GDPR, a controller is a person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2.2. Fudy provides the Data Subjects with the Platform use service and processes the personal data of the Data Subjects as the controller.

2.3. In addition to Fudy, the Partners and Couriers who process the personal data of the Data Subject in order to fulfil the Customer’s order are also controllers of the personal data of Data Subjects.

2.4. Fudy, the Partner and the Courier are independent controllers. To avoid any doubt, Fudy shall in no event be liable for any violations of the GDPR by the Partner or the Courier.

3. PERSONAL DATA TO BE PROCESSED

3.1. Fudy processes the following Personal Data of the Customers when providing the Platform service:

User account information	Name and surname, phone number, e-mail address, username, password
Order Details	Order date, order number, content of the order, including the Customer’s special wishes and comments about the order, type of order, cost of the order, delivery fee, delivery address
Payment Details	Bank card or other payment instrument details, payment history
Location Details	Location of the Data Subject during the use of Platform
Photos	Photo of the destination of delivery, a photo attached to the complaint or any other photos uploaded to the Platform by the Data Subject
Marketing Data	Information on whether the Data Subject has granted Fudy their consent to transmit marketing content, the preferences indicated by the Data Subject on the Platform, the order history
Data related to support services	Data subject accesses to Fudy support services, including voice recordings
Complaints	Complaints and feedback on the Partner or Courier submitted by the Data Subject via the Platform
Device information	Information on the device from which the Data Subject accesses the Platform, including the model, name and any other identifier of the device and the IP address of the network through which the Platform is accessed
Platform usage data	Time spent using the Platform, time and date of visiting the Platform, activities of the Data Subject on the Platform

Fudy mainly processes the personal data of the Data Subject, which it receives directly from the Data Subject. Fudy may collect certain personal data from the Data Subject automatically when the Data Subject visits the Platform. In certain cases, Fudy may also receive personal data about the Data Subject from third parties, such as a Courier or Partner.

Fudy may combine the personal data collected automatically and personal data collected from third parties with personal data provided by the Data Subject.

Disclosure of personal data to Fudy is voluntary. However, Fudy may not be able to provide services to the Data Subject if the Data Subject refuses to provide personal data. For example, Fudy cannot register the Data Subject as a User on the Platform if the Data Subject does not provide Fudy with their phone number.

4. PURPOSES OF PROCESSING

DATA CONTENT	PURPOSE	LEGAL BASIS
User account information	To enable registration as a Customer and to create an account on the Platform; To provide the Platform services; To enable the placement of orders; To enable communication with the Partner and the Courier; To contact the Data Subject regarding changes to the terms and conditions applicable to the Platform; To perform market research	To perform the agreement (GDPR S.6 (1)-b))
Order Details	To provide the Platform services; To enable the signing and performance of a sales agreement; To enable the signing and performance of the delivery agreement; To process complaints and make decisions	To perform the agreement (GDPR S.6 (1)-b))
Payment Details	To fulfil the obligations provided for in the Accounting Act or the Taxation Act	Obligation arising from law (GDPR Art. 6(1)-c))
	To process and resolve legal claims and disputes	To perform the agreement (GDPR S.6 (1)-b))
Location details	To view the Partners closest to the Data Subject; To calculate the route of the Delivery Service; To calculate the delivery charge;	Consent (GDPR Art. 6(1)-a))
Photos	To find the delivery destination; To resolve a complaint	Consent (GDPR Art. 6(1)-a))
Marketing Data	To transmit Partner’s offers to the Data Subject; To display preferable content to the Data Subject on the Platform	Consent (GDPR Art. 6(1)-a))
Data related to support services	To answer the Data Subject’s questions;	To perform the agreement (GDPR S.6 (1)-b))
	To ensure the quality of customer service	Fudy legitimate interest (GDPR Art. 6 (1)-f))
Complaints	To mediate and solve a complaint between the Data Subject and the Partner or Courier	Fudy legitimate interest (GDPR Art. 6 (1)-f))
Device information	To improve the quality of the Platform and the services it provides; To find possible errors on the Platform	Fudy legitimate interest (GDPR Art. 6 (1)-f))
Platform usage data	To improve the quality of the Platform and the services it provides; To analyze trends; To find possible errors on the Platform	Fudy legitimate interest (GDPR Art. 6 (1)-f))

5. AUTOMATED DECISION-MAKING OR PROFILING

5.1. Automated decision-making refers to a decision that is made only during the automated processing of the personal data of the Data Subject. This means the processing of personal data using, for example, software code or an algorithm that does not require human intervention.

5.2. Fudy may use automated processing of personal data to make certain decisions. Such decisions may include:

5.2.1. Providing access to the Platform;

5.2.2. Displaying content suitable for the Data Subject on the Platform based on Location Data;

5.2.3. Finding the nearest Courier to fill the order;

5.2.4. Calculating the estimated time of delivery based on Location Data;

5.2.5. Calculation of fees based on the criteria set out in the Agreement.

5.3. The automated processing of personal data is necessary to fulfil the obligations provided for in the Agreement.

5.4. If the Data Subject does not agree to the automated decision, he or she has the right to request that Fudy review the decision, to express an opinion on the decision and to object the decision.

6. COMMUNICATION OF MARKETING INFORMATION

6.1. In order for the Data Subject to be aware of the best offers on the Platform, Fudy may provide the Data Subject with various marketing information about the services provided by the Partners and the Courier on the Platform by SMS, e-mail or push notification.

6.2. The Data Subject will only receive marketing information from Fudy about special offers on the Platform if he or she has given consent to Fudy to process his or her personal data for the purposes described in this section.

6.3. In addition to Fudy, marketing information may also be provided by a Partner with whom the Data Subject has placed an order via the Platform, based on the consent given by the Data Subject via the Platform.

6.4. If the Data Subject has given their consent to Fudy, including the Partner, to receive marketing information, but no longer wishes to receive marketing information, they will have the right to withdraw the consent at any time, regardless of the reason, in accordance with Section 10 of the Privacy Policy.

7. RETENTION OF PERSONAL DATA

7.1. Fudy will not retain personal data for longer than is necessary for the purpose of processing the personal data or under applicable law. Normally, Fudy stores the personal data of the Data Subject as long as the Data Subject has an active user account on the Platform. Fudy considers a Data Subject’s account to be an active account until the Data Subject deletes its account.

7.2. In addition to the above, Fudy retains the following time limits for the retention of personal data:

7.2.1. User Account Data, Order Data and Payment Data will be retained for 3 years from the deletion of the Data Subject’s account;

7.2.2. Order Data and Payment Data or any other documents proving the payment of the fee shall be kept for 7 years from the payment of the fee;

7.2.3. Records related to disputes and investigations shall be retained until a decision is made.

7.3. The Data Subject understands and agrees that uninstalling the Platform from the smart device will not automatically delete their account and the personal data contained therein. In order to delete a user account, the Data Subject must make a corresponding request to Fudy via the Platform.

8. TRANSMISSION OF PERSONAL DATA

8.1. In order to provide the Platform service, Fudy may share the personal data of the Data Subjects with the following third parties:

8.1.1. Restaurant operators registered on the Platform as Partners, if the Data Subject has submitted an order to the Partner via the Platform. Fudy will provide the Partner with the Data Subject’s first name, the first letter of the surname, phone number and the data provided by the Data Subject in the order. In addition, Fudy may provide the Partner with the Data Subject’s contact information if the Data Subject has granted their consent to receive marketing information;

8.1.2. Couriers providing delivery services on the Platform, if the Data Subject has submitted an order to the Partner via the Platform including the delivery service. Fudy will transmit the personal data of the Data Subject to the Courier when the Courier has accepted the order for the delivery service. Upon receipt of the Order, the first name, the first letter of the surname, phone number of the Data Subject, data in the Data Subject’s order, including the data of the delivery destination, shall be transmitted to the Courier;

8.1.3. Server hosts hosting Fudy servers;

8.1.4. Payment intermediation service provider;

8.1.5. A communication service provider that mediates e-mails, calls, SMSs and other communication between the Data Subject and Fudy;

8.1.6. Marketing service provider;

8.1.7. Analytics service provider;

8.1.8. Person providing legal assistance or a debt collector.

8.2. The above persons are mainly located in the European Economic Area. However, Fudy cannot rule out the possibility that some of the service providers it uses may be located in countries where the European Commission has not assessed the level of data protection or considered it sufficient. Due to the lack of an adequate level of data protection, the security of personal data, including protection against any misuse, unauthorized access, disclosure, alteration or destruction, as guaranteed in the European Union, may not be guaranteed in these countries. Fudy will ensure that appropriate safeguards are in place when the Personal Data of the Data Subject is transferred to countries outside the European Union.

9. SECURITY OF PERSONAL DATA

9.1. Fudy has implemented the necessary organizational, physical and IT security measures to protect the Data Subject’s personal data from any misuse, unauthorized access, disclosure, alteration or destruction.

9.2. Only authorized persons have access to the personal data of the Data Subject. Whereas, persons with access to personal data undertake to comply with the confidentiality obligation.

10. RIGHTS OF THE DATA SUBJECT

10.1. Upon processing of their personal data, the Data Subject has all the rights arising from the legislation applicable to the Data Subject, including the following rights:

10.1.1. The right of access: The Data Subject has the right at any time to ask whether or not Fudy is storing personal data about them and to receive information about what personal data Fudy processes about the Data Subject;

10.1.2. The right to have personal data rectified: The Data Subject has the right to request Fudy to clarify or correct their personal data if it is insufficient, incomplete or incorrect;

10.1.3. The right to object: The Data Subject has the right to object to the processing of their personal data by Fudy, for example, if the use of the personal data is based on Fudy’s legitimate interest;

10.1.4. The right to request the deletion of personal data: The Data Subject has the right to request the deletion of personal data, for example, if the personal data are processed with the consent of the Data Subject and if they have withdrawn the consent;

10.1.5. The right to restrict processing: The Data Subject has the right to request that Fudy restrict the processing of their personal data under applicable law, for example, if Fudy no longer needs the Data Subject’s personal data for processing purposes or if the Data Subject has objected to the processing of personal data;

10.1.6. The right to withdraw the consent given for the processing of personal data: If the processing of personal data is based on the consent given by the Data Subject, the Data Subject has the right to withdraw the consent given to Fudy at any time;

10.1.7. The right to data portability: The Data Subject shall have the right to obtain from Fudy personal data provided by the Data Subject to Fudy itself and processed with the consent of the Data Subject or for the performance of an agreement signed with the Data Subject in writing or in a publicly available electronic format and, if technically possible, to require Fudy to transfer such data to a third party;

10.1.8. The right to file a complaint: To file a complaint with the Data Protection Inspectorate or a court in case of violation of your rights.

10.2. The Data Subject’s rights regarding the processing of personal data listed in this Section do not include all the rights. In certain cases, the rights of other data subjects or Fudy’s legal obligations may limit the Data Subject’s rights.

10.3. In order to exercise the rights associated with the processing of personal data or to submit applications, the Data Subject must contact Fudy (contact details can be found under “Contact Details”).

11. AMENDMENTS TO THE PRIVACY POLICY

11.1. Fudy reserves the right to unilaterally supplement and/or amend this Privacy Policy from time to time. When updating this Privacy Policy, Fudy will notify the Data Subject of the new Privacy Policy via email or the Platform. If the new Privacy Policy refers to the processing of the Data Subject’s personal data for a new purpose that requires the Data Subject’s consent, Fudy will not process the Data Subject’s personal data for such new purpose until Fudy has obtained the Data Subject’s consent to such processing.

12. CONTACT DETAILS

12.1. If you have any questions or requests regarding the processing of personal data, please contact us by emailing to estonia-support@fudy.eu.

12.2. For complaints on the processing of personal data, we recommend that you first contact Fudy. The Data Subject also has the right to apply to the Data Protection Inspectorate or a court to resolve complaints.

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