Privacy Policy – Rider

This Privacy Policy – Rider (hereinafter referred to as “Policy”) describes how and why the data controller collects, uses, processes and discloses your Personal Data, as well as the circumstances under which the data controller may share your Personal Data with a third party.

“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your first and last name, nationality, telephone number, date of birth, location data, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, marital status, religion, health information, vehicle and insurance information, employment information and financial information.

Who is the data controller?

The data controller, i.e. the body that defines the purposes and means of the processing specified in this privacy policy is Delivery Hero (Cambodia) Co., Ltd, #144, St. 122, Sangkat Teuk Laak I, Khan Toul Kok Phnom Penh, Cambodia, and email address support@foodpanda.kh, (hereinafter referred to as “foodpanda” “we”, “our”, “controller”).

Who is the data subject?

This Privacy Policy - Rider applies specifically to independent contractor who runs delivery services for foodpanda in Cambodia (hereinafter referred to as “rider”, “you”, “your” or “yours”).

Which Personal Data do we collect and process?

In order to provide our delivery service to our customers, we use various tools and systems that are absolutely necessary for the delivery of orders. We also use external and internal tools and systems to collect and process your Personal Data for personnel management and business operations.

We collect, process and store the following categories of your Personal Data within the scope of using the tools and systems:

Data categoriesExplanation
Identification dataName, Surname, Address, Picture/Photograph
Contact dataEmail Address, Phone number
Account dataDate of birth, Place of birth, nationality, gender, bank account details, identification number
Performance dataUsage time of applications, order details
Geolocation dataGPS data
Technical dataDevice data
Contract detailsContract type, work permit 

For what purposes do we collect and process Personal Data?

We only collect and/or process your Personal Data when it is necessary and the purpose is legal and the processing is proportionate. Below we would like to give you more information for the purposes and legal basis:

PurposeWhy do we process data for this purpose?
RecruitingAs part of the application process, we collect, process, and store your Personal Data on the basis of the data you have made available to us. The purpose of the processing is to make a decision regarding the acceptance or refusal of an applicant.
Categories of personal data:
Identification data
Contact data
Account data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider.

Identity Verification
In order to protect your application profile from possible fraudulent attacks, we need to verify your identity and make sure that the profile owner is who they claim to be. To this end, we use identity verification measures to ensure that suspicious behavior patterns are detected at an early stage. We will ask you to upload a “selfie” picture/photograph to our systems that will be verified and reviewed by us. The image will be deleted as soon as the identity has been verified and we no longer need this data.

Categories of personal data: 
Identification data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Applicant  reactivationIf an applicant does not continue the application process, SMS or emails will be sent to remind the applicant of the steps that need to be taken to complete the application process.
Categories of personal data: 
Identification data
Contact data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider.
ContractConclusion of an independent contractor agreement
Categories of personal data: 
Identification data
Account data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider.
OnboardingPreparation of the first day of service, training of new riders
Categories of personal data: 
Identification data
Account data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider.
Presence monitoringAssessment of the reliability of riders with regard to the fulfillment of their contractual obligations.
Categories of personal data: 
Contact details

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider.
AccountsCreation of required accounts for the applications used
Categories of personal data: 
Identification data
Account data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider.
Working time recordingRecording of work performed by the rider
Categories of personal data:
Identification data
Start and end date of shift

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Customer communicationCommunication with customers about the status of the order or delivery
Categories of personal data: 
Identification data
Contact details
Location data
Content of communication
Picture (if available)

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Photos and videosTaking and publishing photos and videos of riders
Categories of personal data: 
Identification data
Picture/Video

Legal basis: 
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Rider administrationWe collect, process and store your Personal Data for the processing and creation of legally required documents and proofs as well as for the remuneration of our riders.
Categories of personal data: 
Identification data
Contact data
Account data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
CommunicationDifferent tools are used for communication between us and the riders. The purpose of the processing is the communication of necessary information.
Categories of personal data: 
Identification data
Contact data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
DeliveryTo ensure a prompt delivery of the products ordered by our customers, the coordination data of our riders is collected and the order is assigned to those riders who are in an optimal region.
Categories of personal data: 
Identification data
Contact data
Geolocation data
Technical data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Delivery EstimationIn order to be able to inform customers of the expected delivery time, average speed data is processed in anonymous form.
Categories of personal data: 
Geolocation data (anonymized)

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
PaymentsPreparation of statements; payment of service fees
Categories of personal data: 
Identification data
Contact data
Bank account information

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Rider equipmentRiders receive rider equipment from us. This serves the uniform appearance of our riders as well as the protection of our riders. We manage and monitor the equipment provided to ensure that the necessary equipment is always available.
Categories of personal data: 
Identification data
Contact data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Time recordingWe collect, process and store Personal Data of our riders for the actual exercise of deliveries. The purpose of the processing is to collect the hours worked and to create the necessary records.
Categories of personal data: 
Identification data
Contact data
Account data
Performance data
Geolocation data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Performance evaluationEvaluation of driver performance based on the quality (restaurant and customer complaints), quantity of orders delivered. It also includes but is not limited to, reliability, proper login and acceptance of orders during the shift until the end of the shift. Also the proper execution of the order.
Categories of personal data: 
Identification data
Contact data
Performance data
Geolocation data
Technical data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
TerminationOrdinary and extraordinary terminations of contracts with riders
Categories of personal data: 
Identification data
Contact data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Off-boardingDeactivation of existing accounts; return of received clothing and equipment.
Categories of personal data: 
Identification data
Contact data

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
ArchivingArchiving of documents subject to retention for tax purposes.
Categories of personal data: 
Identification data
Contact data
Date of birth
Tax information
Working times

Legal basis:
Prior consent obtained through acceptance of privacy policy through conclusion of an independent contractor agreement between foodpanda and rider
Advertising and marketingOnline Marketing 
Our hiring process is based to a large extent on finding potential riders. In order to reach the right candidates, we run marketing campaigns. Therefore, we would like to present to you our processes as transparently as possible. The following online marketing processing activities we pursue include targeting and retargeting:

Targeting 
In principle, targeting means the switching and fading in of advertising banners on websites that are tailored to specific target groups. The aim is to display the most attractive banners as individually as possible for the user and potential riders. Firstly, we define a target group and secondly, we commission our service providers to show our advertising to the defined target group. We do not process any Personal Data, as these are initially made anonymous. We segment different target groups and place different ads on different portals for optimized targeting.

Retargeting
As soon as you have visited our website for obtaining further information on our rider program, we store this information in cookies. If you continue to surf other websites, our advertising partners will remind you on our behalf that you have not yet submitted an application. We don't want you to miss out on our amazing rider program.
You can disable retargeting by installing appropriate add-ons for your browser. Furthermore, you can and should also regularly delete the cookies stored in the browser you are using.
Categories of personal data: 
Contact data
Website visitor data

Legal basis:
Acceptance of privacy notice when accessing foodpanda website or application.

How do we protect Personal Data?

We take reasonable legal, organizational and technical measures to ensure that your Personal Data is protected. This includes measures to prevent Personal Data from getting lost, accessed, used, modified, leaked or disclosed in an unauthorized way. We limit access to your Personal Data to our employees on a need to know basis. Those processing your Personal Data will only do so in an authorized manner and are required to treat your information with confidentiality.
Nevertheless, please understand that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through any online means, therefore, any transmission remains at your own risk.

How long do we store Personal Data?

We store your Personal Data for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or allowed by the applicable laws and regulations. We generally delete your data after the purpose has been fulfilled. The exact deletion rules are defined in our regional deletion concepts. Different deletion rules apply depending on the purpose of the processing. Within our deletion concepts we have defined various data classes and assigned rule deletion periods to them. When the retention period is met, the stored data will be deleted accordingly.

Under certain circumstances, any requests for deletion may be opposed by legal retention periods, which prevent us from deleting the stored data for a fixed minimum period of time as prescribed under the applicable laws and regulations. In order to comply with these legal requirements, we block the relevant data after the purpose has been fulfilled and thereby guarantee data completeness and data integrity.

With which data processors and why do we share Personal Data?

We never give your data to unauthorized third parties. However, as part of our work we obtain the services of selected service providers and give them limited and strictly monitored access to some of our data. However, before we forward Personal Data to these data processors for processing on our behalf, each individual company undergoes an audit.

All data recipients must meet the legal data protection requirements and prove their data protection level with appropriate proofs.

In the following we would like to inform you in a transparent and understandable way about all our data recipients with the respective reasons:

Data recipientReason
External service providerThey support our business activities by providing us with IT solutions and infrastructure or by ensuring the security of our business operations, for example by identifying and rectifying faults. Furthermore, Personal Data may also be disclosed to external tax consultants, lawyers or auditors if they provide services for which they have been commissioned.
Members of the Delivery Hero SE GroupWithin a group it is sometimes necessary to use resources effectively. In this context, we support each other within our Group in optimizing our processes. In addition, we provide joint content and services. This includes, for example, the technical support of systems. We are fully responsible for fulfilling the data protection requirements together with Delivery Hero SE. Within the framework of joint regulations, we and Delivery Hero SE have agreed that both will guarantee their rights equally. You can therefore address any requests both to us and to Delivery Hero SE, Oranienburger Straße 70, 10117 Berlin. You can reach the data protection officer at dpo@deliveryhero.com.
Prosecuting authorities and legal proceedingsUnfortunately, it can happen that a few of our rider and service providers do not behave fairly and want to harm us. In these cases, we are not only obliged to handover Personal Data due to legal obligations, it is of course also in our interest to prevent damage and to enforce our claims and to reject unjustified claims.

To which third countries do we transfer personal data?

We process your data mainly within the Asia-Pacific (APAC). However, some of our service providers mentioned above are based outside of APAC.

All our data receivers have to measure up to certain requirements for the transfer of Personal Data to third countries. Before we transfer your data to a service provider in third countries, every service provider is first assessed with regard to its data protection level. Only if they can demonstrate an adequate level of data protection will they be shortlisted for service providers.

Regardless of whether our service providers are located within APAC or in third countries, each service provider must sign a contract with us, which shall contain the provisions as required by the applicable laws and regulations of Cambodia pertaining to data and privacy protection.

Cookies:

In order to make the visit of our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and allow us or our affiliate to recognize your browser on your next visit (persistent cookies). You can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or exclude the acceptance of cookies for specific cases or in general. Failure to accept cookies may limit the functionality of our website/app.

You can install additional add-ons in your browser that block unnecessary cookies. By doing so, you will not see any interest-based advertisements.

Categories of personal data:

Limited device information such as IP address, device ID, MAC address, operating system, device type, Apple Advertiser ID (IDFA) or Android Ad ID (AAID)

Legal basis:

You can find our cookie policy with all the cookies we use in our Cookies and Web-Tracking Policy.

What are your rights as data subjects and how can they be asserted?

You have the right to receive explicit information from us about the Personal Data we have stored about you, free of charge.

In addition, you have the following rights:

Right to accessYou have the right to be informed which data we store about you and how we process this data.
Right to rectificationIf you notice that stored data is incorrect, you can always ask us to correct it.
Right to erasureYou can ask us at any time to delete the data we have stored about you.
Right to restriction of processingIf you do not wish to delete your data, but do not want us to process it further, you can ask us to restrict the processing of your Personal Data. In this case, we will archive your data and only reintegrate it into our operative systems if you so wish. However, during this time you will not be able to use our services, otherwise we will process your data again.
Right to data portabilityYou can ask us to transmit the data stored about you in a machine-readable format to you or to another responsible person. In this context, we will make the data available to you in JSON format.
Right to object to the processing
of your data
You can revoke your consent at any time or object to the further processing of your data. This also includes objecting to our processing, which we process without your consent but based on our legitimate interest. This applies, for example, to direct marketing. You can object to receiving further newsletters at any time.

If you do not agree with one of our processing purposes based on our legitimate interest or wish to object to it, you may object to the processing at any time on grounds relating to his or her particular situation. Please write an email to support@foodpanda.kh. In this case we will review the processing activity again and either stop processing your data for this purpose or explain to you our reasons worth protecting and why we will continue with the processing.
Automated decision makingWe also process your Personal Data in the context of algorithms in order to simplify our processes. Of course, you have the right not to be subject to decisions based solely on automated processing. If you believe that we have denied your access in an unjustified way, you can always contact us at support@foodpanda.kh. In this case, we will examine the case separately and decide on a case-by-case basis.
Right of complaintIf you believe that we have done something wrong with your Personal Data or your rights, you can complain to the appropriate supervisory authority and/or the competent courts at any time.
Right to compensationYou have the right to complain to the competent courts to request for appropriate compensation for any breach of your Personal Data privacy.

Amendments and updates to the Policy

We have the right to modify, update or amend the terms of this Policy at any time. You will be informed of and have access to the updated Policy through the platform, application and website of foodpanda. By continuing to access and use the platform, application and website of foodpanda or continuing to engage with foodpanda following modification and updates to this Policy, you signify your acceptance of the modified or updated Policy.

How to contact foodpanda

If you have any queries about this Policy or would like to exercise your rights set out in this Policy, please contact our Data Protection Officer at:

Name: Supporting team
Email: support@foodpanda.com.kh
Address: #88, Street 384, Sangkat Tuol Svay Prey Ti Pir, Khan Chamkar Mon, Phnom Penh,
Cambodia.