Privacy Policy

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 Food Hong Kong Limited (Foodpanda), 21st Floor, Guangdong Investment Tower, 148 Connaught Road Central, Sheung Wan, Hong Kong, rider@foodpanda.hk hereinafter referred to as “foodpanda” “we”, “our”, “controller”). We also use the terms “rider” or “employee” for your salutation.

 

Why and which personal data do we process?

Below you can see which of your data we need for which purposes and under which circumstances we share your data with others.

Personal data is information from which we can directly or indirectly relate to your person, such as first and last name, address, phone number, date of birth, location data or email address.

 

Which personal data do we 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 process your personal data for personnel management and business operations.

We collect, process and store the following categories of personal data within the scope of using the tools and systems:

Data categories Explanation
Identification data Name, Surname, Address
Contact data Email Address, Phone number,
Account data Date of birth, Place of birth, nationality, bank account details, social security number
Performance data Usage time of rider applications, shift times, order details
Geolocation data GPS data
Technical data Device data
Contract details Contract type, work permit

For what purposes do we process personal data?

We only collect your personal data if this 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:

Processing Activity Why do we process data for this purpose?
Recruiting As 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:
Contract initiation

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:
Legitimate interest is the purpose described above
Applicant  reactivation If a candidate 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:
Contract initiation
Legitimate interest to ensure a smooth application process and better experience.
Contract Conclusion of an independent contractor agreement
  Categories of personal data:
Identification data
Account data

Legal basis:
Performance of contract
Onboarding Preparation of the first day of service, training of new riders
  Categories of personal data:
Identification data
Account data

Legal basis:
Performance of contract
Presence monitoring Assessment of the reliability of riders with regard to the fulfilment of their contractual obligations.
  Categories of personal data:
Contact details

Legal basis:
Performance of contract
Rider accounts Creation of required accounts for the applications used
  Categories of personal data:
Identification data
Account data

Legal basis:
Performance of contract
Working time recording Recording of work performed by the employee
  Categories of personal data:
Identification data
Start and end date of shift, breaks, legitimate absence 

Legal basis:
Performance of an employment contract
Customer communication Communication 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:
Legitimate interest to ensure a smooth communication process with customers for order delivery purposes and better experience
Consent
Photos and videos We 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
Picture/Video

Legal basis:
Consent
Rider administration Review of existing employee contracts with regard to the validity of work permits.
  Categories of personal data:
Identification data
Contact data
Account data

Legal basis:
Performance of contract
Legal obligation
Communication Different 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:
Performance of contract
Legitimate interest is the purpose described above.
Delivery To 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:
Performance of contract
Legitimate interest is the purpose described above.
Delivery Estimation In 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:
Legitimate interest is the purpose described above.
Payments Preparation of statements; payment of service fees
  Categories of personal data:
Identification data
Contact data
Bank account information

Legal basis:
Performance of contract
Rider equipment Riders 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:
Performance of contract
Legal obligation
Time recording We collect, process and store personal data of our riders for 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:
Performance of contract
Legitimate interest is the purpose described above.
Performance evaluation Evaluation 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:
Performance of contract
Termination Ordinary and extraordinary terminations of contracts with riders
  Categories of personal data:
Identification data
Contact data

Legal basis:
Performance of contract
Off-boarding Deactivation of existing accounts; return of received clothing and equipment.
  Categories of personal data:
Identification data
Contact data

Legal basis:
Performance of contract
Archiving Archiving 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:
Legal obligation
Advertising and marketing  Online 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:
Legitimate interest is the purpose described above.

 

How long do we store personal data?

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. 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 recipient Reason for sharing
External service provider They 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 Group Within a group of companies 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 or database hosting for our rider applications. In legal terms, taking decisions on the purposes and means of processing is called “joint controllership” of data. Your employer is fully responsible for fulfilling the data protection requirements together with Delivery Hero SE. Within the framework of joint regulations, both the employer and Delivery Hero SE have agreed that both will guarantee your rights equally. You can therefore address any requests both to us who have engaged you as a rider, and to Delivery Hero SE, Oranienburger Straße 70, 10117 Berlin. You can reach the data protection officer of Delivery Hero SE at dpo@deliveryhero.com.
Prosecuting authorities and legal proceedings Unfortunately, it can happen that a few of our riders or service providers do not behave fairly and want to harm us. In these cases we are not only obliged to hand over 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 receives 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 the APAC or in third countries, each service provider must sign a contract with us, which shall contain the provisions as required by the Personal Data (Privacy) Ordinance (Cap. 486).

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:

  • Consent
  • Legitimate interest is the purpose described above.

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 access You have the right to be informed which data we store about you and how we process this data. This also includes receiving a copy of your data.
Right to rectification If you notice that processed data is incorrect, you can always ask us to correct it.
Right to erasure You can ask us at any time to delete the data we have stored about you.
Right to restriction of processing If 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. We will also restrict the processing of your data if you have requested us to delete it but we are not able to comply with your request due to the applicability of statutory retention periods.
Right to data portability You 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 or another customary format.
Right to withdraw consent and 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. You also have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is processed on the basis of Art. 6 (1) f) GDPR (data processing on the basis of a balance of interests); this also applies to any profiling for the purposes of Art. 4 (4) GDPR based on this provision. If you object, we will no longer process your personal data in the future unless we can prove compelling grounds for the processing that outweigh your interests, rights and freedoms.
Automated decision making  We 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  rider@foodpanda.hk. In this case, we will examine the case separately and decide on a case-by-case basis.
Right of complaint If you believe that we have done something wrong with your personal data or your rights, you can complain to the appropriate supervisory authority at any time. You can raise a complaint about our processing of your personal data with the data protection authority in the EU Member State of your habitual residence, place of work or place of where you think a violation of the GDPR has occurred. In the case of cross-border data processing, you can also lodge a complaint with our lead supervisory authority in Berlin, Germany.

The supervisory authority responsible for us is:

Privacy Commissioner for Personal Data

Room 1303, 13/F, Sunlight Tower,

248 Queen’s Road East, Wanchai, Hong Kong

communications@pcpd.org.hk

To exercise your rights, you can contact rider@foodpanda.hk at any time.

If you believe that we have done something wrong with your personal data or your rights, you can complain to the appropriate supervisory authority at any time. The supervisory authority responsible for us is:

Privacy Commissioner for Personal Data

Room 1303, 13/F, Sunlight Tower,

248 Queen’s Road East, Wanchai, Hong Kong.

communications@pcpd.org.hk