PEPSA PLATFORMS PRIVACY POLICY FOR USERS (CUSTOMERS, MERCHANTS AND
CONTRACTORS)
EFFECTIVE FROM 22ND DECEMBER, 2022.
a.
Pepsa Tech and
Investment Limited, its groups, and subsidiaries (collectively, “Pepsa,” “we,”
“us,” or “our”) are committed to protecting your privacy. This Privacy Policy
(“Policy”) explains how we collect, use, disclose and protect Personal
Information (as it is defined below) of those that engage with our Services, as
defined below, (“Customers”) and stores, restaurants and/or other businesses
utilizing Pepsa (“Merchants”). It applies to all Personal Information collected
by us on www.pepsa.com.ng (the “Site”), the Pepsa Marketplace and e-Store
mobile applications, and any other websites or mobile applications that link to
this Policy, as well as during any written, electronic, and oral communications
(collectively, the “Services”). Pepsa may collect Personal Information to help
you place and receive orders and to improve the Pepsa service.
b.
If you are a Pepsa Customer,
your access to and use of our Services are subject to our Terms and Conditions,
which define some of the terms used throughout this Policy. Please make sure
that you have carefully read and understand the Terms and Conditions before you
use our Services. By using our Services, you accept the Terms and Conditions,
and accept our privacy practices described in this Policy. If you do not feel
comfortable with any part of this Policy or our Terms and Conditions, you must
not use or access our Services.
c.
If you are a Pepsa
Merchant, your access to and use of our Services are subject to the Merchant
Terms of Service or other services agreement entered between you and Pepsa.
d.
Pepsa uses a network of
independent third-party Contractors (“Dispatchers”) to provide delivery
services to Merchants and Customers. Dispatchers should refer to the CONTRACTOR AGREEMENT
for information on how Pepsa collects and uses Dashers’ Personal Information.
e.
Our Services may change
from time to time. As a result, we reserve the right to update or modify this
Policy at any time and from time to time without prior notice. If we make any
material changes to the way we process your Personal Information, we will
notify you before such changes are effective. If you object to any changes, you
must cease using our Services. We recommend you review this Policy
periodically. This Policy became effective on the date indicated at the top of
this page. Your continued use of our Services after any changes or revisions to
this Policy indicates your agreement to the terms of the revised Policy.
2. Collection
of Personal Information
When
you use our Services, we may collect Personal Information about you. The types
of Personal Information that we may collect about you are:
a.
Information You Provide
to Us Directly
You
may provide your Personal Information to us when you use our Services,
including when you register with Pepsa, search within or place orders through
our Services, contact us with inquiries, use our Messaging on the Site or
Services, respond to surveys, or otherwise access or use our Services. This
information may include:
- Personal
Identifiers and records information – We may collect information
such as name, alias, email address, home address or delivery address,
business address, account name, phone number, Biometric Verification
Number, signature, or other similar identifiers.
- Characteristics of
protected classifications under the law of the Federal Republic of Nigeria–
We may collect your age, year or date of birth to enable us to determine
if you are eligible to make some purchases.
- Biometric
information – We may collect face photo, identity document, facial
recognition, voice, or other biometric data. Any biometric information
will be permanently deleted from the system after it is no longer
necessary.
- Commercial
Information – When you place an order through our Services, we collect
information related to that order. This may include information such as
items purchased, special instructions, date and time of order, subtotal,
photos that you provide to Pepsa, or other purchasing or consuming
histories or tendencies.
- Payment Information
– Payment information collected such as bank name, payment method, or
other financial information. We use a payment processor that collects your
payment information and processes payments made on or through the
Services. We obtain limited information about your payment card from our
payment processor, such as the last four digits of your card and the
expiration date.
b. Information
Received from You as Part of Your Communications
When
you use our Services (for example on our Site), complete electronic forms,
communicate with Merchants and Dispatchers or contact us, by online Messaging,
email, phone or text, we may automatically collect and store certain
information about you and the activity you engaged in, for example: your name
and contact information; your order details; information that you voluntarily
provide to us; the nature of your communication; the purpose of the
interaction, and the action we took in response to your inquiry or request.
c. Information
Collected Automatically
We
also may collect and store certain information about you and your device(s)
automatically when you access or use our Site and Services. This information
may include:
- Technical
Information – We collect technical information associated with your
activity on our Site and may include information related to your browser
and operating system, IP address (the Internet address of your computer),
unique device identifiers, personal and online identifiers, and other
information such as your device type and version of the app that is in
use.
- Site Usage
Information – This may include the webpage that you were visiting before
accessing our Site or mobile application, the pages or features of our
Site or mobile application that you browsed to inform us which part of our
Site, app and Services you visit and how much time you spend there.
- Site Preferences –
We collect information about your preferences to make your use of the Site
more productive through the use of cookies.
d. Location
Information
When
you use the Services, we may collect and store general location information
(such as IP address). We may also collect route information and delivery
pick-up or drop-off information. If you permit the Services to access location
services through the permission system used by your mobile operating system
(“Platform”) or browser, we may also collect and store the precise location of
your device when the Pepsa app is running in the foreground or background of
your device. This information may be used to help you select your delivery
address, to provide more accurate deliveries of your orders, to provide
recommendations to you, and to enhance your customer experience, improve products
and services. You can choose whether to enable the location tracking feature
through your device settings or Platform or when prompted by the Pepsa mobile
app. If you choose to disable the location feature, the Dispatcher will not receive
precise location information from your device, which may compromise the
accuracy of deliveries in some situations.
e. Referral
Information Program and Credit Option
Pepsa
allows Customers and Merchants to send Pepsa Credit and invite friends, family
and existing customers to sign up for our Services. Sometimes we offer a
promotional value for everyone who signs up and places an order through your
referral link. To help you do this, we may request you to grant us access to
your mobile device address book. You can then direct us to send referral emails
to contacts you provide or select in your address book. By sending credit or a
referral, you consent to Pepsa sending your public profile, such as name, image
or logo to the contacts you provided or select to receive a referral link. By
choosing to invite anyone or sending a credit to a recipient, you represent
that you have received the friend’s and/or recipient’s consent to provide his
or her name, mailing address, email address or other information with us. Pepsa
will use that information to send the requested credit or an email inviting him
or her to visit the site and will store that information to track the success
of the referral program and may send marketing emails. You can also send an SMS
with a referral link to your contacts. If you use this option, you understand
that Pepsa does not control the timing, content, or recipients of these SMS
messages.
Customers
and Merchants may not send, publish, or share any false, misleading, or
deceptive communications in connection with participation in the Referral
Program. Such actions may violate various applicable laws. Pepsa users may not
send any referral emails, SMS messages, or other communications to children
under the age of 13.
If
you are referred to Pepsa through one of our referral programs, or if someone
attempts to refer you, we may share your name, whether you have already signed
up for Pepsa, whether you are a new customer, and whether you have placed a
qualifying order with Pepsa with the person(s) who referred you.
f.
Personal Information
from Publicly Available Sources and Third Parties
We
may collect Personal Information about you from publicly available sources,
social network providers, marketing partners, and third parties. This may
include:
- Social Network
Information – We may receive information about you from other services.
For example, we receive certain information from Facebook, Google when you
use their service to login to Pepsa.
- Demographic
Information – This characteristic information could include information
such as income, marital status, spending habits, and other information.
3. Use
of Cookies and Other Tracking Technologies
We
use cookies, web beacons, pixels, session replay/screen capture, and similar
technologies to collect information and personalize your experience with our
Services. When we use session replay technology, we may collect on real-time
basis information on how you use and navigate the Services. This may include
mouse movements and how you scroll through the Services, but we do not collect
keystroke data. Additional information on other technologies we may use is set
forth below.
a.
Cookies
Cookies
are small web files that a site or its provider transfers to your device’s hard
drive through your web browser that enables the website’s or provider’s system
to recognize your browser and remember certain information. Our approved third parties may also set
cookies when you use our marketplace. Third parties include search engines,
providers of measurement, payment gateway, and analytics services, social media
networks, and advertising companies.
How
We Use Cookies – We use first-party and third-party
cookies for the following purposes:
- to make our
Services function properly;
- to improve our
Services;
- to recognize you
when you return to our Site and to remember information you have already
provided, such as items already in your order cart;
- to collect
information about your activities over time and across third-party
websites or other online services in order to deliver content and
advertising tailored to your interests; and
- to provide a
secure browsing experience during your use of our Services.
How
to Manage Cookies – You may disable the
use of cookies by modifying your browser settings. If you choose to disable
cookies you may not be able to fully experience the interactive features of our
Services.
b.
Web Beacons
Web
beacons, also known as web bugs, pixel tags, or clear GIFs, are tiny graphics
with a unique identifier that may be included on our Site to deliver or
communicate with cookies, in order to track and measure the performance of our
Site and Services, monitor how many web visitors we have, and to monitor the
effectiveness of our advertising. Unlike cookies, which are stored on the
user’s hard drive, web beacons are typically embedded invisibly on web pages
(or in an email).
c.
Online Analytics and Advertising
Technologies
We
and our third-party vendors may use automated technologies (including cookie
identifiers on our Site), along with other collected information, to tailor ads
or deliver content when you are on our Services or on other devices, apps, or
websites.
d.
Targeted Advertising
We
(or our service providers) may use the information we collect, for instance, IP
addresses and unique mobile device identifiers, to locate or try to locate the
same unique users across multiple browsers or devices (such as smartphones,
tablets, or computers), or work with providers that do this, in order to better
tailor content and features and provide you with a seamless experience across
devices. If you wish to opt-out of such cross-device tracking for purposes of
interest-based advertising, you may do so through your device settings. We may
also use cross-device tracking to help identify our users and serve to
advertise. This type of advertising is often called “interest-based” or
“personalized” advertising—and when it occurs on mobile apps, “cross-app”
advertising.
You
can opt out of receiving tailored advertising content from third-parties. Please
note that even if you opt-out, you may still receive advertisements from us.
However, in that case, the advertising will not be tailored to your interests. Also,
we do not control any of the opt-out links or whether any particular company
chooses to participate in these opt-out programs.
e.
Mobile Applications
Depending
on your permissions, we may receive your Personal Information from your
Internet service and mobile device providers. Users of mobile devices who do
not want to receive interest-based advertising may opt-out in several ways.
Each operating system, (iOS for Apple phones, Android for Android devices, and
Windows for Microsoft devices) provides its own instructions on how to prevent
the delivery of tailored in-application advertisements. You should view your
device or system “Settings” to determine how you can opt out of use of your
device ID for “cross-app” personalized advertising.
4. Use
of Your Personal Information
We
may use the information we collect about you for various purposes.
a.
To Provide You with the
Services
We
use your information to provide you the Services. For example, we use credit
card information to complete a transaction or an address to allow the Dispatcher
to fulfill your delivery (if you are a User), or your name and phone number to
set up your business on the Services (if you are a Merchant). If the applicable
information is to be provided or Service is to be performed by a third party,
then we will disclose the applicable Personal Information to the third party
providing the information for performing the applicable Services. Your
information may be available or provided to third-party or service providers
that are contractually obligated to protect your information as disclosed in
this Policy. Payment information may be shared with your bank to validate your
payment card.
b.
To Maintain, Improve,
and Personalize the Services
We
use your information for our everyday business operations such as auditing,
administration of the Services, forum management, fulfillment, and analytics.
Your information may also be used to improve the content and/or functionality
of the Services. We may use your information to help us enhance offerings for Pepsa,
our Merchants and Brands registered with our platform, which may include
improving marketing efforts for our large order delivery service, Pepsa
Dispatch and Prime Service, brand and product insight. We also use your
information to personalize your experience. For example, we may personalize the
content and features you see when visiting our Services. In addition, we may
personalize advertisements, marketing communications, and recommendations to
make them more tailored to your interests.
c.
To Communicate with You
We
use your information to communicate with you. For example, we may send you text
messages or other notifications about the status of your orders and deliveries.
We may also contact you with promotional offerings or other communications that
may be of interest to you. If we send you marketing emails or texts about
services that may interest you, each email or text will contain instructions
permitting you to “opt-out” of receiving future email or text marketing
communications.
In
the event you contact us, we use certain information to respond to your
questions and assist you with any issues that may arise in your use of the
Services. If you send direct messages, such as chat or text messages to a Dispatcher,
using the telephone number for that Dispatcher available on the Services, we
may use a third-party service provider to monitor and analyze these messages.
We monitor these messages for fraud prevention, to ensure appropriate charging
of fees, to enforce our Terms and Conditions, and for quality and training
purposes. As part of this process, Pepsa and its service provider will receive
in real time and store data about your direct messages, such as chat or text
messages, including the date and time of the text message, your phone number,
and the message. If you do not agree with the monitoring of direct messages you
send to Dispatcher, please do not send messages to Dashers.
d.
For Account and Network
Security Purposes
We
care about keeping you secure and safe while using our Services. Keeping you
safe requires us to process your Personal Information, such as your device
information, activity information and other relevant information. We use such
information to combat spam, malware, malicious activity or security risks;
improve and enforce our security measures; and to monitor and verify your
identity so that unauthorized users do not gain access to your information.
e.
To Maintain Legal and
Regulatory Compliance
Our
Services are subject to certain laws and regulations which may require us to
process your Personal Information. For example, we process your Personal
Information to pay our taxes, to fulfill our business obligations, ensure
compliance with employment and recruitment laws or as necessary to manage risk
as required under applicable law.
f.
To Enforce Compliance
with Our Agreements and Policies
When
you access or use our Services, you are bound to our Terms and Conditions (if
you are a customer), the Merchant Terms of Service or other master services
agreement entered into between you and Pepsa (if you are a Merchant), and this
Policy. To ensure you comply with them, we process your Personal Information by
actively monitoring, investigating, preventing and mitigating any alleged or
actual prohibited, illicit or illegal activities on our Services. We also
process your Personal Information to: investigate, prevent or mitigate
violations of our internal terms, agreements or policies; enforce our
agreements with third parties and business partners.
g.
To Protect You, Others,
and Our Business
We
use your information to protect you, others, and our business, including,
without limitation, using information for fraud prevention, for enforcement of
our Terms of Service, to comply with the law, and to protect against security
risks.
h.
For Our Business
Purposes
We
may use your information for any other purpose disclosed to you at the time we
collect the information, or otherwise with your consent.
i.
For Our Product and
Brand
We
may use your information for product analysis and brand insight. This will help
us to improve our service and that of other third-party brand on the Pepsa
platform.
5. Provision
of Personal Information to Third Parties
We
may provide your Personal Information to third parties as described below.
a.
4a. Service Providers
or Third Parties
We
may provide your information to our service providers or third parties to help
provide services to you for certain business purposes. This information is
provided in order for them to provide us services such as payment processing,
advertising services, marketing partners, web analytics, data processing, IT
services, customer support and other services. These service providers or third
parties may have access to your Personal Information to perform services on our
behalf.
b.
Dispatchers, Merchants
or other users
To
help provide you with a high-quality delivery we also may provide your
information, including your Personal Information and order details, to the
Dashers who complete your requested deliveries. Similarly, we may provide
information to Merchants to facilitate deliveries such as your first name and
last initial and order information related to your orders with Merchants. We
may also share information that you provide to Pepsa with Merchants.
c.
Subsidiary companies
We
may provide your information to our subsidiary companies (entities that control
or are under the control of Pepsa Tech and Investment Limited) for business
purposes. We will require these entities to comply with the terms of this
Policy with regard to their use of your information.
Service
provided by Pepsa, and our subsidiary companies may share certain
functionalities such as a uniform login experience where users of both
applications will need to use a single username and password.
d.
Social Media
When
you link a Social Network account to Pepsa or log into our Services using your
Social Network account, we may provide your information to the operator of the
Social Network to facilitate or enhance delivery of that Social Network or
other services to you.
e.
When Required or
Permitted by Law
We
recognize that information related to your orders could contain private
information. However, we may be required to provide your information to third
parties including law enforcement agencies when required to protect and defend
our legal rights, protect the safety and security of users of our Services, prevent
fraud, comply with the law, respond to legal process, or a request for
cooperation by a government entity, and the like.
f.
Corporate Transactions
In
the event of a business transfer, merger and other reorganization, dissolution,
or similar event we may provide your information to one or more third parties
as part of that transaction, including during the negotiation of a transaction.
g.
With Your Consent
We
also may provide your information to third parties with your consent or at your
direction.
6. Security
Pepsa
has implemented administrative, organizational, technical, and physical
security controls that are designed to safeguard Personal Information. However,
no online activity is ever fully secure or error-free. While we strive to
protect your information, we cannot guarantee that your Personal Information is
absolutely secure. Please keep this in mind when disclosing any information to Pepsa.
Please
recognize that protecting your Personal Information is also your
responsibility. We urge you to take every precaution to protect your
information when you are on the Internet, or when you communicate with us and
with others through the Internet. Change your passwords often, use a
combination of letters and numbers, and make sure you use a secure browser. If
you have reason to believe that your interaction with us is no longer secure
(for example, if you feel that the security of your account might have been
compromised), or if you suspect someone else is using your account, please let
us know immediately by contacting us as indicated in the Contact Us section
below.
7. Data
Retention
We
will retain your Personal Information for as long as your account is active or
as needed to provide you services and to maintain a record of your transactions
for financial reporting purposes. We will also retain and use your Personal
Information as necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements.
8. Third-Party
Sites
Some
of the functionality may be provided by third parties and the Services may link
to other third-party websites that are not controlled by Pepsa. For example, we
may use services like CoralPay for payment processing. These third parties are
not under our control and Pepsa is not responsible for their privacy policies
or practices. If you provide any Personal Information to any third party or
through any such third-party website, we recommend that you familiarize
yourself with the privacy policies and practices of that third party.
9. Children’s
Information
Our
Services are not intended for children under 13 years of age, and we do not
knowingly collect Personal Information from children under the age of 13. If
you are a parent or guardian of a child under the age of 13 and believe he or
she has disclosed Personal Information to us, please contact us at privacy@pepsa.com.ng.
A parent or guardian of a child under age 13 may review and request deletion of
the child’s Personal Information.
10. Your
Choices
We
provide users and their authorized agents with the ability to access and delete
Personal Information. In order to exercise these rights, you must login to your
account to confirm your identity, which helps us ensure that Personal
Information is only made accessible to appropriate parties. Users will not
receive discriminatory treatment for exercising their rights and can return to
the service after deleting their information.
11.
Your Rights
This
section lists the privacy-related rights (“Rights”) we extend to Pepsa users.
Your rights are not absolute and are subject to certain exceptions. For
instance, we cannot disclose specific pieces of Personal Information if the
disclosure would create a substantial, articulable, and unreasonable risk to
the security of the Personal Information, your account with us or the security
of our systems.
- Right
to Know – You have the right to request
that we disclose the Personal Information we retain about you.
- Right
to Deletion – You have the right to request
that we delete any Personal Information we have collected from you or
maintain about you. We may save Personal Information when permitted by
applicable law including, without limitation, when the information is
needed for a legal purpose. We may retain your Personal Information as
necessary to: (1) complete the transaction for which the personal
information was collected, provide a good or service requested by you, or
reasonably anticipated within the context of our ongoing business
relationship with you, or otherwise perform a contract between Pepsa and
you; (2) detect security incidents, protect against malicious, deceptive,
fraudulent, or illegal activity, or prosecute those responsible for that
activity; (3) debug to identify and repair errors that impair existing
intended functionality; (4) exercise free speech, ensure the right of
another consumer to exercise his or her right of free speech, or exercise
another right provided for by law; (5) engage in public or peer-reviewed
scientific, historical, or statistical research in the public interest
that adheres to all other applicable ethics and privacy laws, when Pepsa’s
deletion of the information is likely to render impossible or seriously
impair the achievement of such research, if you have provided informed
consent; (6) to enable solely internal uses that are reasonably aligned
with the expectations of you based on your relationship with Pepsa; (7) to
comply with a legal obligation; or (8) to otherwise use your personal
information, internally, in a lawful manner that is compatible with the
context in which you provided the information.
- Right
to Rectification – If you are a
registered Pepsa user you may modify certain of your Personal Information
by logging into our Site using your email and password and visiting the
“Account” page. Registered Pepsa users may also access the “Account” page
to manage their subscriptions.
- Right
to Non-Discrimination – Pepsa will not
discriminate against those who exercise their Rights. Specifically, if you
exercise your Rights, we will not deny providing you with goods or
Services, charge you different prices or rates for goods or Services or
provide you a different level or quality of goods or Services.
12. International
Users
Regardless
of where you use our Services, the information collected as part of that use
will be transferred to and maintained on servers located in the United States.
By using our Services, you consent to this collection, transfer, storage, and
processing of information to and in the United States.
13. Contact
Information
If
you have any questions or concerns relating to this Policy or our privacy
practices, or would like to opt-out, please contact us at privacy@pepsa.com.ng
or:
PEPSA
TECH. AND INVESMENT LIMITED
Block
E/3, Trade Fair complex, Samonda, Sandgo,
Ibadan,
Oyo State,
Nigeria.