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Privacy policy customers

 

This Privacy Policy applies to the processing of personal data of users who use any of the platforms and products of Oktopus, including Order Website and Oktopus Platform. Unless otherwise stated, the controller of this personal data is oktopusbusiness.wixsite.com (hereinafter referred to as "Oktopus").

At Oktopus, we are committed to building the world's largest food community, and our first priority is to protect the data of every member of our community. This means that we protect the personal data of all visitors who use our services.

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What personal data we process and why

 

Once you interact with Oktopus through our Services, we collect and process your personal data. Oktopus may process your personal data for the following purposes.

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1. Collection of user data

We process the personal data you provide to us when you enter into an Eating Contract, act as a Homecook on the Platform or submit a booking request to the Homecook. This personal data is necessary to execute your Eating Contract, to confirm your Eating Contract, for the performance, fulfilment or termination of the User Relationship and to evaluate your Eating Contract, payment and possible refund. The legal basis for this processing of personal data is that it is necessary for the performance of a contract, as defined in the GDPR. We process the following personal data in the ordering process:

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  • Name

  • Contact details

  • Order and transaction data

  • Payment data

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2. Homecook reviews

After the ordering process, you will be asked to provide a rating of the corresponding Home Cook via email or app. The legal basis for this email / notification, as defined in the GDPR, is your consent, unless your consent is not required under applicable law.

Oktopus processes the personal data you submit when submitting a restaurant review. The legal basis for processing personal data when you submit your reviews is your consent. You can withdraw your consent by contacting us via our data protection form. We process the following personal data when you post a Homecook review:

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  • Name (if transmitted)

  • Contact details

  • Reviews

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3. Customer service

If you contact our customer service, we will use the personal data you provide to answer your question or deal with your complaint. The legal basis for this processing of personal data is that it is necessary for the performance of a contract and/or compliance with Oktopus' legal obligations as defined in the GDPR. We process the following personal data for customer service purposes:

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  • Contact details

  • Order and transaction data

  • Payment details (if applicable)

  • Comments (if applicable)

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4. Customer accounts

When you interact with our services, you will be given the opportunity to create an account with us. The creation of an account is based on your consent. You can revoke your consent and/or delete your account by contacting us via our privacy form. Revoking or deleting your account may have negative consequences for your user experience. The following personal data is collected in connection with your account:

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  • Name

  • Contact details

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5. Registered users

Registered users can also post information such as meal offers, photos and details about themselves as homecooks on the platform and make them accessible to other users. They can also communicate with each other via the platform. This information and communication may contain personal data and is used to present themselves as homecooks and the meal offers, and to enable users to contact the homecooks via the platform, to submit a booking request to the homecook and to communicate with each other.

This processing of your personal data by Oktopus and other Users is necessary for the use of the Platform in accordance with the Terms of Use.

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6. Loyalty programmes

Oktopus operates various loyalty programmes to provide you with offers and discounts. If you use one of our loyalty programmes, we will process your personal data to provide you with the discounts and offers as set out in the relevant loyalty programme. The legal basis for this processing of personal data, as defined in the GDPR, is your consent, unless your consent is not required under applicable law.

One of our loyalty programmes is the Loyalty Shop, where you can take advantage of offers from external partners. Some of the Loyalty Shop partners require your personal data for shipping purposes. The following personal data is processed for the Loyalty Shop and for shipping your order:

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  • Name

  • Contact details

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7. Customer research

In order to ensure that our services are tailored to your preferences and to improve our services and platforms, Oktopus may contact you to conduct customer research, including but not limited to surveys. We will only send you these types of communications with your prior consent, unless your consent is not required under applicable law. Participation in customer satisfaction surveys is completely voluntary. If you do not wish to receive such surveys, you may opt out of receiving them in the communications in question. Oktopus may process the following personal data for research purposes:

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  • Name

  • contact details

  • Order and transaction data

  • Research input

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8. Marketing

We also process your personal data in order to send you (personalised) marketing communications and notifications. Such communications include the latest news, discount promotions and updates on new Homecooks (via email or push notification), regardless of the format we use to distribute these types of communications (including email or push notification). The legal basis for this processing of personal data, as defined in the GDPR, is your consent during the ordering process, unless your consent is not required under applicable law. If you wish to change your preferences with regard to receiving such communications and notifications, you can unsubscribe from them using the unsubscribe link in the communications in question, in your account settings or via our privacy form. We process the following personal data for marketing purposes:

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  • contact details

  • Order and transaction data

  • Rating(s) (optional)

  • Campaign data (optional)

  • Device ID

  • Cookie and technology data

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9. Fraud prevention

We also process personal data to prevent fraud and other forms of abuse in relation to and through our services. The legal basis for this processing activity is that it is necessary to pursue a legitimate interest of Oktopus (prevention of fraud) as defined in the GDPR. We process the following personal data to prevent fraud:

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  • Name

  • Order and transaction data

  • Payment data

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10. Analyse

Oktopus also uses your personal data to fulfil our reporting obligations to advertisers and to improve our website and our range of products and services. The legal basis for this processing activity is that it is necessary to pursue a legitimate interest of Oktopus (analysis & reporting) as defined in the GDPR. We will generally ensure that the reports do not contain any personal data so that the information cannot be traced back to you.

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11. Campaigns

Oktopus may introduce special campaigns or content in connection with its services. If you wish to participate in an Oktopus campaign, Oktopus will generally ask for your consent to process your personal data. The legal basis for this processing activity is your consent. You can withdraw your consent at any time by contacting us using the contact details provided to you as part of the campaign or via our privacy form.

Oktopus processes the following personal data for campaign purposes:

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  • contact details

  • Order and transaction data (optional)

  • Campaign data (optional)

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Other purposes

 

We will only use your personal data for the purposes described above. If we wish to use the data for any other purpose, we will take appropriate steps to inform you consistent with the significance of the changes we are making. Where required under applicable data protection law, we will ask for your consent.

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Age

 

Our website is not intended for persons under the age of 18 and we do not intend to collect any personal information from visitors to the website who are under the age of 18. However, we have no way of verifying the age of visitors. Therefore, we encourage parents to monitor their children's online activities to prevent their personal information from being collected without parental consent. If you suspect that we have collected personal data from a minor without consent, please contact us via our privacy form. We will then arrange for this data to be deleted.

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Automated decision making and profiling

 

As part of the performance of the contract with you and for the purpose of improving our Platform, Oktopus uses automated decision making and profiling. For example, Oktopus uses your address data and/or location data to select available homecooks in your respective area. We also use automated decision making to comply with our legal obligations to prevent money laundering, terrorist financing and other criminal offences.

If such automated decision making and/or profiling results in a negative decision about you and you do not agree with it, you can contact us via our privacy form. We will then arrange for a reassessment of the situation.

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How long do we keep personal data

 

We will retain your personal data only for as long as is necessary to fulfil the purposes for which we collected it, including the purposes of complying with legal, tax, accounting or reporting obligations. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes by other means, and applicable legal requirements.

In certain circumstances, we may anonymise your personal information so that it can no longer be associated with you personally, in which case we may use such information without further notice to you.

If you have any questions about how we retain your personal data, you can contact us via our privacy form.


Passing on to Homecooks

 

When you place an order through our Services, Oktopus will share your personal data (order and name) with the Homecook you have selected so that the he or she can perpare your order. As you are a direct customer of the Homecook, the Homecook has its own responsibilities and obligations in relation to the processing of your personal data. If you have any questions about the Homecook's handling of your personal data, you should contact the Homecook directly.

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Sharing with others (except Homecooks)

 

Oktopus may cooperate with other companies within the Oktopus group or other third parties in order to carry out the processing described above and/or to comply with legal obligations.

These group companies and third parties will process your personal data on our behalf (as processors) or as autonomous controllers and will have access to your personal data for the purposes described in this Privacy Policy. We require affiliates and third parties to protect your personal data in accordance with the standards set out in this Privacy Policy and we take appropriate measures in accordance with applicable data protection law to ensure the same level of protection and confidentiality.

We also disclose your information to external controllers where appropriate or as required by applicable law or regulation (including court order), or where we believe disclosure is necessary to comply with legal obligations, exercise, enforce or defend legal rights, or protect the vital interests of an individual. Such external data controllers may include law enforcement authorities.

We may also disclose your information to a company or prospective purchaser of all or substantially all of our assets in connection with a sale or transfer of such assets.

Your personal data may be disclosed to the following parties:

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  • Affiliated companies of Oktopus, subsidiaries and/or group companies of Oktopus

  • Software provider

  • Implementation partner

  • Payment and card service providers

  • Companies that conduct customer satisfaction surveys

  • Loyalty Shop Partner (see section 6)

  • Specialist consultant

  • Law enforcement agencies, regulatory authorities and/or government agencies

  • Future buyers

  • Other third parties on condition that you have given your consent to disclosure

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Third party websites

 

Our website may contain links to third party websites. When accessing such third party websites, please remember that each such website has its own privacy policy. Although Oktopus takes extreme care in selecting websites for such links, we cannot accept any responsibility for the handling of your personal data by the operators of such websites.

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Where your data is sent

 

We may transfer your data to a country outside the European Economic Area (EEA). This may include transfers to or access from other jurisdictions, including jurisdictions that may not provide a level of protection equivalent to EU data protection laws. Where we transfer personal data outside the EEA, we take into account all applicable legal obligations relevant to the transfer of personal data and where there is no European Commission (EC) adequacy decision, we use appropriate safeguards, including standard contractual clauses approved by the EC. We have implemented comparable appropriate safeguards with our third party service providers and further data can be provided upon request.

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Rights to personal data, questions or complaints

 

We inform you that with regard to personal data, you may exercise the rights provided by applicable data protection laws. These include the right to access, rectify or erase personal data or to restrict processing and to object to processing, the right to data portability, the right to withdraw your consent at any time (without prejudice to the lawfulness of processing based on consent given before withdrawal), and the right to lodge a complaint with a supervisory authority.

To exercise your rights, please contact us via our privacy form.

If you have any other questions or complaints regarding the processing of your personal data, we will be happy to help you. We would also welcome you contacting us with tips or suggestions on how to improve our privacy policy.

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Safety

 

Oktopus takes the protection of personal data very seriously and we therefore take appropriate measures to protect your personal data from misuse, loss, unauthorised access, unwanted disclosure and unauthorised modification. If you believe that your personal data is not being adequately protected or that there is evidence of misuse, please contact us at oktopus.business@gmail.com.

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Data protection supervisory authority

 

Apart from the possibility to lodge a complaint with us, you also have the right to lodge a complaint with the competent supervisory authority for the protection of personal data. You can contact the supervisory authority directly for this purpose.

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How to reach us

 

If you have any questions or concerns about this privacy statement and/or our privacy practices, please contact our Privacy Officer via our privacy form.

 

Updates to this privacy policy

 

We may update this Privacy Policy from time to time to reflect changes due to legal, technical or business developments. When we update our privacy policy, we will take appropriate steps to notify you consistent with the meaning of the changes we are making. Where required under applicable data protection law, we will ask for your consent to material changes to this privacy statement.

We encourage you to periodically review this statement for the most current information about our privacy practices.

This Privacy Statement may be updated and was last updated on 30 August 2022.

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This is a translated version, in case of discrepancies please refer to the German version.

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