PRIVACY AND DATA PROTECTION
APOLLO ELOGISTICS Co., LTD - PRIVACY AND DATA PROTECTION
1. SCOPE OF APPLICATIONS
“Sender” means the person, phone number owner or party named in the Consignment Note. If he/she does not pass the parcel directly to courier or booking for other people or let the other person to pass the parcel, Sender is the only one responsible for legal action and accept all risks might be arisen.
“Receiver” means to the person, phone number owner or party named in the Consignment Note. If he/she does not receive the parcel directly from courier and let the other person to receive the parcel, Receiver is the only one responsible for legal action and accept all risks might be arisen.
“Freelance Driver”: is an independent driver who provide delivery services based on their availability of time with no employment contract with any Agent or APOLLO ELOGISTICS.
“Employed Driver”: is an individual driver who provide delivery services based on employment contract or business relationship with Agent.
“Agent”: is an individual business owner or legal company which provide delivery services by themself or their Employed Drivers.
“Company”: is any business entity officially recognized by law and have business relationship with APOLLO ELOGISTICS CO., LTD.
“Service Provider”: can be an agent, freelance driver, employed driver, agent or company that provide delivery services to sender and/or receiver through APOLLO mobile application.
2. PERSONAL INFORMATION WHICH WE COLLECT
We collect information which identifies or can be used to identify, contact, or locate the person or device to whom that information pertains (“Personal Information”). Personal Information includes, but not limited to, name, address, date of birth, occupation, phone number, fax number, e-mail address, bank account and credit-card details, gender, identification (including SIM card or Passport) or other government issued identifier, photo, nationality, phone number of our users and non-users in your mobile phonebook, and biometric information (including but not limited to facial recognition). Additionally, to the extent other information, including a personal profile, and/or unique identifier, is associated or combined with Personal Information, then that information is also Personal Information. The Personal Information which we collect may be provided by you directly or by third parties (for example: when you register or use the Application, when you contact our customer services, or you otherwise provide Personal Information to us). We may collect information in various forms and purposes (including purposes permitted under applicable laws of the Kingdom of Cambodia).
2.1 Data obtained from you or from your mobile device directly
When you register and create an account with us using the Application you have to provide to us certain Personal Information, including your name, physical address, e-mail address, your phone number, and/or password that you will use to access the Application after registration. If you are using the Application as a service provider, you have to provide us with additional Personal Information as part of the service provider onboarding process. This would include details of your vehicle (licenses, approvals, and other authorizations for you to operate the vehicle and to provide the transportation services), and your bank account for the purposes of receiving fees.
When you use the Application, you have to provide us with relevant information as may reasonably be required by us in order for the Application to work, for example:
If you are using the Application as a customer, you will need to provide us with information as to the type of service you seek, and details as to the pick-up and/or delivery.
If you are using the Application as a service provider, in order for the Application to work, you will need to provide us with the information on the services you are able to accept orders for at the time, and details as to your current, and after an order for a service placed by a customer is accepted by you as the service provider, you may need to provide us with other data that we need to manage the Application and ecosystem, and to monitor overall usage of the Application.
If you utilize and/or when a payment or transfer is made through the electronic money and/or electronic wallet facility provided by us, if you are the payer, you will provide to us information relating to the utilization, payment or transfer, including but not limited to the transfer and/or payment receiver details, the amount of payment paid, the type of payment card used, the name of the issuer of that payment card, the name of the account holder for that payment card and the number of that payment card.
2.2 Data collected whenever you use the Application or visit our website
Whenever you use the Application or visit our website, we may collect certain technical data concerning your usage such as, internet protocol (IP) address, information as web pages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID) or media access control address, and also information regarding the manufacturer, model and operating system of the device that you use to access the Application or our website.
Whenever you use the Application through your mobile device, we will track and collect your geo-location information in real-time. In some cases, you will be prompted or required to activate the Global Positioning System (GPS) on your mobile device to enable us to give you a better experience in using the Application (for example, to give you information as to how close a service provider is to you). You can always choose to disable the geo-location tracking information on your mobile device temporarily. However, this can affect the functionalities available on the Application.
If you utilize and/or when a payment or transfer is made through the electronic money and/or electronic wallet facility provided by us, we may collect certain information related to your source of fund for top up (including bank account details), account details of withdrawal receiver, transaction history (including receiver details), bill details, invoice details and phone number details.
If you utilize virtual account provided by us to receive electronic money and/or electronic wallet payment from payer, whether you are a service provider or merchant, we may collect certain information related to your utilization including but not limited to service and/or goods transacted, amount you collect from every transaction, withdrawal or settlement account details and withdrawal or settlement history.
2.3 Data collected from third parties
We may also collect your Personal Data from third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us, perform functions on our behalf, or whom we collaborate with). In such cases, we will only collect your Personal Data for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be).
2.4 Data about third parties you provide to us
You may provide us with Personal Data relating to other third-party individuals (including Personal Information relating to your spouse, family members, friends, or other individuals). You will, of course, need their consent to do so – see “Acknowledgement and Consent”, below, for further information.
3. THE USE OF PERSONAL DATA WHICH WE COLLECT
We may use Personal Data collected for any of the following purposes as well as for such other purposes as are permitted by applicable laws in the Kingdom of Cambodia (“Purposes”):
Where you are a User, we may use your Personal Data:
to identify you and to register you as a customer and to administer, verify, deactivate, or manage your account as such;
to facilitate or enable any verification as we may in our discretion consider necessary before the service provider provide you with the services or before we register you as a customer
to enable service providers to provide you with such of the services as you have requested;
to process and facilitate orders and payment transactions made by you;
to communicate with you and to send you information in connection with the use of the Application;
to notify you of any updates to the Application or changes to the services available;
to process and respond to enquiries and feedbacks received from you;
to maintain, develop, test, enhance and personalize the Application to meet your needs and preferences as a customer;
to monitor and analyze customer activities, behavior, and demographic data including trends and usage of the various services available on the Application;
to send you direct or targeted marketing communications, advertisement, vouchers, surveys, and information on special offers or promotions.
to identify you and to register you as a service provider and to administer, manage or verify your Account as such;
to facilitate or enable any verification as we may in our discretion consider necessary before we register you as a service provider,
to enable you to provide services to customers
to process, facilitate, and complete payments due to you relating to any services you have provided;
to communicate with you and send you information in relation to the provision of your services, including to relay customer orders to you and to facilitate your acceptance of such orders;
to provide you with notification and updates on the Application or changes to the manner in which services are to be provided;
to provide you with a report in relation to the Services that you have provided;
to process and respond to feedback from customer on the services which you have provided;
to maintain, develop, test, enhance and personalize the Application to meet your needs and preferences as a service provider;
to monitor and analyze activities, behavior, and demographic data including trends and service provider responsiveness for the various services available on the Application;
to send you direct or targeted marketing communications, advertisement, promos, surveys, and information on special offers or promotions.
to undertake associated business processes and functions;
to monitor usage of the Application and administer, support and improve the performance efficiency, growth, user experience and the functions of the Application;
to provide assistance in relation to and to resolve any technical difficulties or operational problems with the Application or the services;
to generate statistical information and analytics data for the purpose of testing, research, analysis, product development, commercial partnership, and collaboration;
to prevent, detect and investigate any prohibited, illegal, unauthorized or fraudulent activities;
to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving us and/or any of our affiliates; and
to enable us to comply with our obligations under any applicable laws and regulatory requirements (including but not limited to responding to regulatory enquiries, investigations or directives) and conducting audit checks, due diligence and investigations.
4. SHARING OF PERSONAL DATA WHICH WE COLLECT
We may disclose to or share with affiliates and other parties your Personal Information for any of the following purposes as well as for such other purposes as are permitted by applicable laws in the Kingdom of Cambodia:
where you are a customer, for the purpose of enabling a service provider, to perform or deliver a service;
where you are a service provider, for the purpose of enabling a customer to request or receive a service from you;
where required or authorized by applicable laws (including but not limited to responding to regulatory enquiries, investigations or directives, or complying with statutory or regulatory filing and reporting requirements), for the purpose so specified in that applicable laws;
where there is any form of legal proceeding between you and us, or between you and another party, in connection with, or relating to the services, for the purposes of that legal proceeding;
in an emergency concerning your health and/or safety (whether you are a user) for the purposes of dealing with that emergency;
in connection with, any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company, for the purposes of such a transaction (even if the transaction is eventually not proceeded with);
to third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us or you, perform functions on our behalf, or whom we enter into commercial collaboration with) for or in connection with the purposes for which such third parties are engaged or the purposes of our collaboration with such third parties (as the case may be), which may include allowing such third parties to introduce or offer products or services to you, authenticate you or connect with your Account, or conducting other activities including marketing, research, analysis and product development; and
where we share Personal Information with affiliates, we will do so for the purpose of them helping us to provide the Application, to operate our business or for the purpose of them conducting data processing on our behalf.
Where it is not necessary for the Personal Information to be associated with you, we will use reasonable endeavors to remove the means by which the Personal Information can be associated with you as an individual before disclosing or sharing such information.
5. RETENTION OF PERSONAL DATA
Your Personal Information will only be held for as long as it is necessary to fulfill the purpose for which it was collected, or for as long as such retention is required or authorized by applicable laws in the Kingdom of Cambodia. We shall cease to retain Personal Information, or remove the means by which the Personal Information can be associated with you as an individual, as soon as it is reasonable to assume that the purpose for which that Personal Information was collected is no longer being served by retention of Personal Information and retention is no longer necessary for legal or business purposes.
Please note that there is still the possibility that some of your Personal Information might be retained by the other party (including by the service provider, if you are the user; or by the user, if you are the service Provider) in some manners. Information relayed through communications between users and service providers made other than through the use of the Application (such as by telephone calls, SMS, mobile messaging or other methods of communications) may also be retained by some means. We do not authorize and encourage the retention of Personal Information by such means and we have no responsibility to you for the same. We shall not be liable for any such retention of your Personal Information. You agree to indemnify, defend and release us, our officers, directors, employees, agents, partners, suppliers, contractors and affiliates from and against any and all claims, losses, liabilities, expenses, damages and costs (including but not limited to legal costs and expenses on a full indemnity basis) resulting directly or indirectly from any unauthorized retention of your Personal Information.
6. ACCESS AND CORRECTION OF PERSONAL DATA
Subject to the applicable laws in the kingdom of Cambodia, you may request us for access to and/or the correction of your Personal Data in our possession and control, by contacting us at the details provided below.
We reserve the right to refuse your requests for access to, or to correct, some or all of your Personal Information in our possession or control if permitted or required under any applicable laws. This may include circumstances where the Personal Information may contain references to other individuals or where the request for access or request to correct is for reasons which we reasonably consider to be trivial, frivolous or vexatious.
7. WHERE WE STORE YOUR PERSONAL DATA
Your Personal Information may also be stored or processed outside of the Kingdom of Cambodia by company or personnel who work for us in other countries, or by our third party service providers, vendors, suppliers, partners, contractors or affiliates.
8. SECURITY OF YOUR PERSONAL DATA
Confidentiality of your Personal Information is of utmost importance to us. We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use or disclosure by unauthorized persons and against unlawful processing, accidental loss, destruction and damage or similar risks. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, you acknowledge that we cannot guarantee the integrity and accuracy of any Personal Information which you transmit over the Internet, nor guarantee that such Personal Information would not be intercepted, accessed, disclosed, altered or destroyed by unauthorized third parties, due to factors beyond our control. You are responsible for keeping your account details confidential and you must not share your account details, including your password, and One Time Password (OTP), with anyone and you must always maintain and fully responsible on the security of the device that you use.
10. ACKNOWLEDGMENT AND CONSENT
In circumstances where you provide us with Personal Data relating to other individuals (such as Personal Data relating to your spouse, family members, friends, or other parties), you represent and warrant that you have obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, use, disclosure and processing of his/her Personal Data by us.
You may withdraw your consent to any or all collections, use or disclosure of your Personal Data at any time by giving us reasonable notice in writing. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the Application or services. A withdrawal of consent by you may result in the termination of your account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, use or disclosure of your Personal Data, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.
11. MARKETING AND PROMOTIONAL MATERIAL
We and our partners may send you direct marketing, advertisement, and promotional communications via push-notification app, message in Application, post, telephone call and short message service (SMS). Please note that we may send you non-promotional messages, such as ride receipts or Data about your account.
12. ANONYMOUS DATA
We may create, use, license or disclose Personal Data, provided, however, (i) that all identifiers have been removed such that the data, alone or in combination with other available data, cannot be attributed to or associated with or cannot identify any person, and (ii) that has been combined with similar data such that the original data forms a part of a larger data set.
13. THIRD PARTY PLATFORMS
The Application, website, and Marketing Materials may contain links to websites that are operated by third parties. We do not control nor accept liability or responsibility for these websites or applications and for the collection, use, maintenance, sharing, or disclosure of data and Data by such third parties. Please consult the terms and conditions and privacy policies of those third-party websites or applications to find out how they collect and use your Personal Data.
To avoid any potential confusions, I would suggest you to delete these and make a section to clearly define and distinguish the “Users” terms. Please see 1. Scope of Applications.
This is for your consideration only.
I would suggest you to use ‘Data’ instead of Information as to conform with the term Data Protection under the laws.
What do you mean by ecosystem?
Would there be a minimum period for data retention and that such data will be automatically deleted after such period?
In the present date, there is no statutory requirements for how long data should be kept.
Last updated: 03-09-20