Privacy Policy

Updated 15th april 2019
Introduction:

Packaly is very strict on their privacy and security. We make sure that our policy is always aligned and up to date, so you know that we always are on top of your security. This documentation will tell you everything about our privacy and security.

Packaly B.V. ("we", "our", “us” or "Packaly") has the responsibility to protect the privacy of riders who apply to ride with us (“rider applicants”), as well for our riders and their substitutes, including all other users of the rider mobile device application (the "Rider App") and related services. In this case Packaly will be in charge and responsible of controlling the data we collect about you.

This privacy policy applies to rider applicants, riders and substitutes (“you” or “your”). As a rider you must ensure that your substitute has read this privacy policy, before riding with us. This is important because the Rider and substitute will have access to each others’ information, such as deliveries done and conversations.

Therefore, we strongly recommend you to read the following privacy policy, which explains how and why we collect, use and protect your information.

In case you have any concerns or questions regarding this privacy policy or how we handle your data more generally, please get in touch with us using the following details:

1. by contacting our Data Protection department: privacy@packaly.com.

The moment when you or someone else is applying to become a Packaly rider or already using the rider app, we collect information in a variety of ways. It is listed below how this is done:

The rider application and account set up

1. The moment you start your Rider application for Packaly, we request necessary information about yourself. This is including your name, contact details, data of birth, postcode, your right to work, and whether you have any unspent criminal convictions.

2. During the application, we will ask you to provide further information and documents. These are a copy of your passport and if needed a work permit, in order to do a (criminal) background check. Furthermore, we will track and record the progress of your application and record the results of your criminal background check.

3. To finalize your account set-up, we will ask your to provide your financial credentials (including bank details), tax and business registration information, and further information related to your services for Packaly, such as the contact details of the person we should contact for emergency purposes, where you want to work and a photo. Once this is done we record your Packaly rider payment arrangement and a copy of your signed rider agreement with us (“Rider Agreement”).

Your location

1. When your status is “inactive” (i.e. not available for orders), we do not track your location. When being offline it is not possible to get offers, accept offers, nor proceed deliveries.

2. When your status is set to “active” (i.e. available for orders) on the Rider App, we intermittently collect your location data. If you do not want us to view your location, please change your rider status to offline.

Payments and ride planning

1. We record your deliveries, your tips if obtained via the Rider App, your calculated fees and the calculated fee statement.

2. We collect your most recent rider activity relating to your attendance of booked sessions (where you make bookings) and participation level.

Your use of Rider Support and the Rider App

1. We receive information about you from third parties in the following ways, that we may collect. These are related to the services or any incident you may have been involved, with the following person(s): Retailer(s) who work(s) with us (our "Partner Retailers"); Customer(s); Other rider(s); Citizen(s).

2. If you take advantage of the perks offered by a third party partner, the partner will share information with us about your interest in those perks.

3. We may collect information about you from the feedback you send us or provide to us through focus groups or surveys.

4. When you use websites or applications of third parties in connection with your services for Packaly, including during the application and onboarding process, those sites or applications may collect and process your information independently of Packaly.

5. We may request your personal data to verify your right to work, such as copies of your identification documents, work permit and/or a photograph of you.

Cookies

1. We use cookies or other similar technologies, to enable auto-login for you into the Rider App, but also to obtain technical information about your device to improve the Rider App. These can be certain characteristics of your device, for example performance data, operating system, device type, app version, platform and screen size.

2. You have the right to reject or remove these cookies with your device settings, however please be aware that if you do this, the Rider App will not function correctly and it will negatively affect your performance as a Packaly rider.

1. When we process data about you, there is a permitted reason (Data protection law) for doing so. 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. Therefore we have your consent and we have a justifiable reason for processing your data. When we do this it is in the public interest for us to process your data or we are under a legal obligation to do so.

2. Where 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 use your information:

a; To provide and manage your rider application, which includes your account and onboarding process, all in order to execute your Rider Agreement;
b; To provide you with access to and use of the Rider App as a means of Packaly engaging your services, which enables you to accept orders;
c; To communicate with you about operational information, relating to your services to Packaly. These can be closed zones, important changes or developments to the Rider App and about your scheduled sessions;
d; To enable Rider Support and Customer Services to communicate with you via all possible channels, to support your services;
e; To offer you order-specific delivery fees when applicable, calculate and administer payments for your rider services, but also referrals.

Justifiable reasons for tracking your data are which are listed below:

For communications

1. To help you with the application procedure;

2. To contact you for your feedback on your application procedure and your rider experience;

3. To inform you about opportunities, such as by riding at expected peak hours or by referring your contacts as riders;

4. To send you news and help you to know more about Packaly. This can be information in connection with your rider services and the rider community, such as by sending you newsletters, event invitations, tech updates and helping you to find appropriate road safety equipment.

For onboarding and delivery operations

1. To perform right to work, insurance checks, and to audit and store evidence of these, to ensure that you are legally compliant when providing the services and to comply with our internal policies, protect our reputation and reduce legal risks;

2. We whether or not check, if you have unspent criminal convictions. This by using a VOG check, which is in our legitimate interests (and the legitimate interests of our customers, riders and Retailer Partners) to try to prevent our platform from being used for any unlawful purpose and to protect the safety of our customers, other riders and Retailer Partner staff, with whom you will work closely when providing the services.

3. To make the most efficient decisions when offering you orders based on factors like your location, and to determine your level of priority access to booking using your “Statistics” data. Data protection law describes this as profiling;

4. To enable you to use or benefit from the insurance policy offered by Packaly;

5. To enable our Rider Support, tech and engagement teams to help you with any issues, enquiries or complaints efficiently and effectively, including to fix any bugs or other technical issues in the Rider App. This requires the use of technical information relating to your device;

6. To provide live order progress updates using your order progress swipes on the Rider App, which gives a positive experience to our customers and Retailer Partners.

For developing Packaly its systems and services

To train our algorithms to make the most effective and efficient decisions, which will lead to the best experience. For example improving our order dispatch algorithm; Lubertus

Improving the Packaly experience for Riders, Partner retailers and customers, by understanding your data (such as your Rider App usage, feedback you give about orders and your location data) as well as the data of other riders, what attributes to a positive or negative experience with Packaly. To prevent from inefficient deliveries, we 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 about your rides to make certain assumptions about the types of promotional offers that may be particularly beneficial for you, when providing services to Packaly. This will lead to personal notifications, that are based on your Rider behavior, for example hours being online, start location and which days you are online. The Data protection law describes this as profiling;

To interact with you (such as via communications or Rider App functionality) to encourage Packaly’s network efficiency, which is all based on our analysis of your services.

For protecting Packaly

For both the exercise and defence of legal claims and to exercise and protect the rights of Packaly, Partner retailers, customers, or others, including determining our liability;

To implement the terms of your Rider Agreement and keep records of such implementations, so it is possible to analyse whether you have breached your Rider agreement. This analysis may result in temporary disabling or permanently terminating your Rider agreement if we have the right to do so;

To investigate any complaints or incident reports relating to a rider and to prevent fraud or other misuse of our systems and services.

For events and rider initiatives

To administrate and develop rider events and other rider initiatives;

For rider onboarding campaigns where you personally agree we may do so. Sometimes we use anonymous (you are not identifiable) and aggregated forms of your information in the media or in rider onboarding campaigns;

Where we are under a legal obligation to do so we may use your information:

a; To keep your record of payments done by us;

b; To comply with any other legal obligation or regulatory requirement to which we are subject.

Where we have a justifiable reason for doing so, or where you have given us the permission (and we are permitted to do so by law), we will use your information to let you know by email about Packaly’s products and services and/or any promotions from third parties which are supporting your rider performance and experience with Packaly. These can be reducing the cost to you of providing services and by helping you to provide the services more safely. These can results of special deals we find for riders, but also recommendations. Unsubscribing from these emails is always possible.

In the Rider agreement a completed delivery is equal to picking up of one or more ordered orders at one of our partner Retailers and delivery this order to one or more customer(s). The rider fee is only paid out when completed delivery is done. To analyse this, we collect your data and automatically confirm which deliveries you are due fees for.

In the Rider App you can choose to unassign from a delivery at any time or by contacting Rider Support. In addition, you can simply reject offers of orders freely. When you do not complete a delivery, without informing Packaly, but still claiming the delivery fee, is seen as a fraudulent activity and a serious breach of your Rider agreement.

If fraudulent activity is detected on your rider account, our systems will automatically disable your access to the Rider App. When we temporarily disable your access, then our team is allowed to review this suspected fraudulent activity, whilst preventing it from a recurring fraudulent activities. During this review, a minimum of two team members will decide in person whether the access will be reactivated or if the decision is made to end the Rider agreement due to a serious breach of the contractual terms.

Given the volume of deliveries we deal with, we use partly automated systems to improve processes described above. These automations provide a more accurate, fair and efficient way of identifying suspected fraud, preventing repeated breaches of your Rider agreement and limitate the impact of these violations. Human checks would simply not always be possible in the timeframes and given the volumes of deliveries that we deal with.

You have the right to contest the automated decisions referred to in this section by using the contact details set out in this privacy policy, in which case a person will review the decision.

The information we collect about you will be transferred to and stored on our servers located within the EU. When sharing data globally, we are very careful and transparent about who else this data is shared with. When sharing your information internally, we may do that with other Packaly departments. Data will only be shared with external third parties, when necessary for the purposes set out in section 3.

1. 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:
a; IT service providers: including cloud, software, analytics, communications and data storage providers and software development kits.
b; Partner Retailers and customers: we provide limited information to Partner Retailers and customers whose orders you accept, for the purposes of our operations.
c; Insurance companies: if you decide to purchase third party products or services (such as insurance), or where you are enrolled into a Packaly insurance policy, you or the provider may request that we provide your information to the provider to enable them to provide the products, services or policy to you, so we will share this information for this purpose. We may also need to share your information with our insurers to establish whether we are liable for any incident you have been involved in whilst providing services to us.
d; Operational service providers: including feedback and survey providers, background and right to work verification and onboarding providers, our support service providers, payment providers, user research partners, professional advisors, financial services providers and other suppliers, business partners, contractors and subcontractors.
e; Anyone who refers you as a rider, will be given updates about progress towards their referral fee in relation to you.
f; Where we have the legal right to do we will share data with the media, such as if you share any details about your rider services for Packaly which are misleading or inconsistent with our records of your rider services for Packaly. This is including regarding details about your earnings, we may share your information with the media (only in the form of a correction).

2. In applicable circumstances, we may also share your information:
a; 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;
b; 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;
c; Where we reasonably believe that you or another person has been harmed or is at risk of harm in connection with your rider services for Packaly;
d; In order to implement our contractual terms with you;
e; In the event of a dispute relating to your services to Packaly, or to protect the rights of Packaly, Retailers partners, customers, or others, including to prevent fraud;
f; With such third parties as we reasonably consider necessary in order to detect or prevent crime, for example the police;
g; When a rider engages a substitute, the rider and substitute will have access to each others’ information shown in the Rider App, such as recent deliveries and tips. If a rider makes a request to us for access to their personal data then in our response we may provide to the rider some personal data about the substitute, for example data relating to deliveries the substitute has worked on.

International data transfers: your personal data we collect from will not be processed outside the European Economic Area (“EEA”).

Please contact us using the contact details above if you want further information on the countries with whom personal data may be shared with.

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

2. Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of your information and why’ 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.

3. When determining the relevant retention periods, we will take into account factors including:
a; Guidelines issued by relevant data protection authorities;
b; Our contractual obligations and rights in relation to the information involved;
c; Legal obligation(s) under applicable law to retain data for a certain period of time;
d; Statute of limitations under applicable law(s);
e; Disputes or potential disputes.

4. In all other cases, we securely erase your information where we no longer require your information for the purposes collected.

1. We adopt robust technologies and policies to ensure the personal information we hold about you, is suitably protected.

2. We take measures to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

3. Where you have chosen a password, you are responsible for keeping this password confidential. Do not share your password with anyone, other than any substitute you are working with. If you do choose to share your password with your substitute, please make sure they are also aware that they must keep it confidential and secure and not share it with anyone else.

4. Unfortunately, the transmission of data via the internet is not completely secure. Although, we will take steps to protect your information, we cannot guarantee the security of your data transmitted to us; any data transmission from you to us is at your own risk. Once we have received your information, the active security system tries to prevent unauthorised access.

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

1. 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.

2. 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.

3. The right to rectification: You are entitled to have your information corrected if it is inaccurate or incomplete.

4. The right to erasure: This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request to delete all information that we hold about you. The right is not absolute and only applies (not) in certain circumstances.

5. The right to restrict processing: You have rights to ‘block’ or ‘suppress’ further use of your information. From the moment processing is restricted by you, we can still store your information, but will not use it further.

6. The right to data portability: You have the right to obtain your personal information in an accessible and transferable format so that you can re-use it for your own purposes across different service providers. Since this is not a general right, there are exceptions.

7. The right to file a complaint: You have the right to file a complaint about the way we handle or process your information with a competent data protection authority (see Complaints).

8. The right to withdraw consent: If you have given your consent to anything we do with your information, for example if we rely on consent as a legal basis for processing certain information, you have the right to withdraw that consent at any time.

9. 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 have the right to claim these rights above and to object at any time, this can be done by contacting us (See Contact Details).

All changes made to our Privacy Policy, will be posted to the Rider App and if possible, through notification in the Rider App or by email.

This privacy policy was last updated: 15th april 2019.

If you are 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 Nederlandse Autoriteit Persoonsgegevens using the following details:

Visitor address: Bezuidenhoutseweg 30, 2594 AV Den Haag
Correspondence address: Postbus 93374, 2509 AJ Den Haag
Tel: 088 1805 250
Website: www.autoriteitpersoonsgegevens.nl

Packaly B.V., Oudenoord 330, 3513 EX Utrecht, Netherlands

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