Last updated: September 2021
Welcome to OrderPay. This policy explains how we handle and use your personal information in connection with your use of our mobile software application that we make available for download or through our web-based application (“App”) and your rights in relation to it. Under data protection law Checkfer Limited, the company that operates the App, is the controller of that information.
Checkfer Limited (“we”, “our” or “us”) is committed to protecting and respecting the privacy of our users i.e. individuals who have a registered account on our App (“you” or “Users”).
This includes sharing your information with participating restaurants and other retailers through the App (“Merchants”) and others, in connection with your use of the App. Please read the following carefully.
This policy is located at www.orderpay.com and within the App.
Checkfer Limited is the controller in relation to the processing activities described below. This means that Checkfer Limited decides why and how your personal information is processed in connection with those activities. Please see the section at the end of this policy for our contact and legal information.
The App is intended for use by individuals aged 18 and over. We do not knowingly collect personal information about children. If you are under the age of 18, please do not use the App.
We respect your information and only collect information for proper and/or lawful purposes.
Information you provide to us
We process information you give us through the App or through any correspondence you have with us by telephone, email or other means and is provided by you entirely voluntarily.
If you do not provide this information to us, we may not be able to provide our services to you, contact you and/or resolve your queries effectively.
Information processed when creating an App account
When you create a new account on the App, we process the following information:
This information is provided by you entirely voluntarily.
Information processed when using the App
When you use the App, we process the following information automatically (except where we ask for your consent):
Information we collect about you from other sources
We also analyse information we collect from our third-party service providers (such as Google Analytics) to better understand how you engage with our App and related services (e.g. which sections of the App you visit most frequently).
Information process for business customers
For business customers, we may record additional details about you from public information sources, such as LinkedIn, and public registers, such as Companies House.
We respect your information and only use it for proper and lawful purposes as detailed below:
Where you have provided consent
We may use and process your personal information where you have consented for us to do so to contact you with marketing communications or push notifications through the App. We also ask for your permission before using your location data to ensure we provide relevant content and services to you, and at a convenient time.
You may withdraw your consent for us to use your information in any of these ways at any time. Please see Your rights over your personal information for further details.
Where required to comply with our legal obligations
We will use your personal information to comply with our legal obligations for example where we are required to use that information to comply with our obligations under consumer rights or data protection legislation.
We will keep a record of the rights you exercise in connection with our processing of your personal information.
Where processing is necessary for us to pursue a legitimate interest
We may use and process your personal information where it is necessary for us to pursue our legitimate interests as a business (set out in the headings below) for the following purposes:
Processing necessary for us to promote our business
Processing necessary for us to support users with enquiries
Processing necessary for us to respond to changing market conditions and our users’ needs
Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively
Where necessary for us to carry out pre-contract steps you have requested or for the performance of a contract
We will use your personal information where this is necessary for us to perform our contract with you or to carry out any pre-contract steps you’ve asked us to so that you can enter into that contract, for the following purposes:
Where processing is in your vital interests
We will use your personal information where this is in your vital interest, for example to notify you of any product recall or other health and safety issues.
Where processing is necessary for us to pursue a legitimate interest and for us to establish, bring or defend legal claims
We collect information about allergies and dietary requirements relevant to your Order that you wish to bring to the attention of the relevant Merchant. If you request that we pass this information on to the Merchant, it is in our and your legitimate interests that we do so to ensure your requirements are communicated and we will be required to process and retain it as part of our records in connection with any legal claims that could arise in connection with that request.
Sometimes we’ll need to share the information we hold about you with others. We only share your information with other companies and organisations where we have a legal obligation to do so or otherwise where we’re satisfied that there’s a reason to share the information, and that appropriate checks and suitable measures are in place to make sure the data is shared and protected in accordance with our data protection obligations.
In order for the Merchants on our app to fulfil your order, we share full name and allergen profile information with them and their electronic point of sales (ePOS) provider. No contact information such as email or phone number is shared.
In the case of apps that do not carry our branding, some Merchants may request your consent for marketing material. In the case where you consent, the Merchant receiving your personal information will be legally responsible to you for its use.
Suppliers to OrderPay
When we use suppliers, we only disclose to them any personal information that is necessary for them to provide their services and only where we have a contract in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions.
We use the following types of suppliers:
Legal and other professional services providers
Further information about disclosures
We may disclose your personal information to other third parties in order to comply with any legal or regulatory obligations, following a request from the police, court or government or in connection with a corporate restructure or reorganisation or sale of our business or assets.
We may share your personal information with some companies based outside the United Kingdom and European Economic Area. We grant these companies access to personal data only where necessary and only where appropriate security measures and controls are in place to protect your personal data in accordance with applicable data protection laws, regulations and regulatory guidance. This means these transfers will take place on the basis of an approved data transfer mechanism, such as standard contractual clauses and where the relevant authorised body has declared a particular country an adequately protective destination.
We use social media to allow you to use a single-sign on feature when registering or logging into the App.
When using single sign-on, you will be prompted to confirm that you are happy to share with us your email address and other certain personal information you hold with those providers. We will only use your personal information for purposes stated when you provide consent.
We take the security of your personal information seriously and use a variety of measures based on good industry practice to keep it secure. Nonetheless, transmissions to and from the App may not always be completely secure, so please exercise caution. When downloading third party software in order to access the App, their privacy policies, not ours, will apply to your personal information.
We employ security measures to protect the information you provide to us, to prevent access by unauthorised persons and unlawful processing, accidental loss, destruction and damage. When you have chosen a password to log into the App, you are responsible for safeguarding it and keeping it confidential and you promise not to allow it to be used by third parties.
We retain your personal information for the period needed to achieve the purposes for which we collected that information and for a further period during which you or we could face legal proceedings. The reason for retaining your information in this way is to ensure we have the necessary information to allow us to establish, bring or defend such proceedings.
We may sometimes delete or anonymise your personal information for a longer or shorter period. When deciding whether to do so, we take into account the following factors:
You have various rights in relation to your personal information.
How to exercise your rights
For all queries or requests relating to your rights, please contact us at firstname.lastname@example.org.
In some cases we also provide a setting or option which you can use to exercise your rights. For example, you can use the ‘unsubscribe’ option in marketing emails you receive to opt-out from receiving future marketing messages.
Withdraw your consent
Where we use your information on the basis of consent, you have the right to withdraw your consent at any time by contacting us. Our use of your information prior to the withdrawal of consent remains valid.
The right to be informed
The right of access
The right to rectification
You’re entitled to have your information corrected if it’s inaccurate or incomplete.
The right to erasure
This is also known as ‘the right to be forgotten’ and, in simple terms, in certain circumstances enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it.
The right to restrict processing
In some circumstances, you have rights to ‘block’ or restrict further use by us of your information. When processing is restricted, we can still store your information, but may not use it further. Where applicable, we keep lists of people who’ve asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.
The right to data portability
You have rights to obtain and reuse your personal data for your own purposes in certain circumstances. We will provide this to you electronically in a structured, commonly used and machine-readable form, such as a CSV file.
Where this right applies, you can ask us to send your personal information directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
Rights in relation to automated decision making and profiling
We do not envisage that any significant decisions will be taken about you using purely automated means, however we will update this policy if this position changes.
The right to object
You have the right to object to your information being used by us in certain circumstances, including processing for direct marketing and automated decision making.
We may review this policy from time to time and any changes will be notified to you by posting an updated version on our website www.orderpay.com (which can be accessed through the App), and/or by contacting you by email or via your account.
Any changes will take effect 7 days after we post the modified terms online, or after the date we notify you by email or via your account.
We recommend you regularly check for changes and review this policy when you use the App. If you do not agree with any aspect of the updated policy, you must promptly notify us and cease using the App.
You can contact us with your queries in relation to this policy or for any other reason at any time.
To contact us for any reason, including to exercise any of your rights in relation to your personal information, please write to the Data Protection Office at the correspondence address below or email us at email@example.com.
If you would like to write to us, please use our correspondence address at OrderPay, Challenge House, Sherwood Drive, Bletchley, Milton Keynes. MK3 6DP.
Checkfer Limited is a company incorporated in England and Wales under company registration 10863591, and registered office address 20-22 Wenlock Road, London, N1 7GU, United Kingdom.