Privacy Policy

1. Introduction

1.1 Welcome to the Foodini application and getfoodini.app website, a platform operated by Miamirai (Thailand) Co., Ltd. and its subsidiaries and affiliates (individually and collectively, "Foodini", "we", "us" or "our"). Foodini takes its responsibilities under applicable privacy laws and regulations ("Personal Data Protection Laws") seriously and is committed to respecting the privacy rights and concerns of all users of the Foodini application and website (the "Site") (we refer to the Site and the services we provide as described on our Site collectively as the "Services"). "User" means a user with an Foodini account who has registered and used our Site (individually and collectively, "User", "you" or "your"). We recognize the importance of the personal information you provide to us and believe that we are responsible for properly managing, protecting and handling your personal information. This privacy policy ("Privacy Policy" or "Policy") is designed to help you understand how we collect, use, disclose and/or process the personal information you provide to us and/or your information that we hold, whether now or in the future, and to assist you in making decisions before providing any personal information to us. Please read this Privacy Policy carefully. If you have any questions about this information or our privacy practices, please see the section titled "Do you have questions, concerns or complaints? Please contact us" at the end of this Privacy Policy.

1.2 "Personal Data" means any information about an individual, whether true or false, that can be used to identify that individual, or from such information or other information to which the Organization has or may have access. Common examples of Personal Data include name, identification number and contact information.

1.3 By using the Services, registering an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, terms and/or policies set forth in this Privacy Policy, and you consent to our collection, use, disclosure and/or processing of your personal data as described in this Privacy Policy. If you do not consent to our processing of your personal data as described in this Privacy Policy, please do not use our Services or access our website. If we change our Privacy Policy, we will notify you, including by posting such changes or the revised Privacy Policy on our website. We reserve the right to amend this Privacy Policy at any time, to the fullest extent permitted by applicable law. Your continued use of the Services or Platform, including your continued purchase of Products, after such amendments are made, shall constitute your acknowledgement and acceptance of the amendments to this Privacy Policy.

1.4 This Policy applies in conjunction with any notices, contracts, consent agreements relating to our collection, use, disclosure and/or processing of your Personal Data, and this Policy does not supersede any notices, contracts and agreements, unless we expressly provide otherwise.

1.5 This Policy applies to both our Users who are Foodini Account holders and their employees or agents associated with their Foodini Accounts, unless otherwise expressly provided.

2. When does Foodini collect personal information?

2.1 We will/may collect your personal data when:

When you register and/or use our Services or Site, or open an account with us;
When you submit a form, including but not limited to an application form or other form related to our products or services, whether online or in paper form.
When you enter into any agreement or provide any other documents or information relating to your dealings with us, or when you use our products and services.
When you interact with us, such as via telephone (which will be recorded), letters, faxes, face-to-face meetings, social media platforms and emails, including when you interact with customer service agents.
When you use electronic services or interact with us through our applications or use the services on our websites, including but not limited to using cookies, which we may deploy when you interact with our applications or websites.
When you have given permission through your device to disclose any information to our applications or platforms.
When you conduct transactions through our services
When you give us feedback or complaints
When you register to participate in a competition or
When you submit your personal information to us for any reason

The above policies are not exhaustive and are only general examples of when we collect personal data about you.

3. What personal data does Foodini collect?

3.1 Personal data that Foodini may collect includes but is not limited to:

name
Email address
birthday
Billing Address
Bank account details and payment information
Telephone number
sex
Number as shown on your national ID card or passport
Address as per ID card or passport
Information about your network or any people or accounts with which you interact.
Any photos, audio or video recordings that you have disclosed/shared with us.
Government-issued identification information or any other information necessary for us to conduct due diligence, know your customer, identity verification or fraud prevention purposes.
Communications and marketing information, such as your interest in receiving marketing information from us and others, your communication preferences, and your communication history with us, our service providers, and third parties.
Transaction and access information, including product listing search details, order lists, advertising and content viewing information on the Platform, and other product and service information related to you.
Location information
Any other information about the user when the user registers to use our services or website and when the user uses the services or website, including information about how the user uses the services or website, and
Aggregate information about the content that users engage with

3.2 You agree not to provide any inaccurate and/or misleading information to us and you agree to notify us of any inaccuracy or change in such information. We reserve the right to request the submission of any additional documentation to verify the information you have provided to us as we deem appropriate.

3.3 If you do not wish for us to collect the above information/personal data, you may opt-out at any time by notifying our Data Protection Officer in writing. You can read more about opting out in the section below titled "How you can opt-out, delete, request access to, or correct the information you provide to us". However, please note that opting out of the collection of personal data or withdrawing your consent for us to collect, use, or process your personal data may affect your use of the Services. For example, opting out of the collection of location data will disable location-based features.

4. Collection of other information

4.1 In most web and mobile application accesses, your device sends information that may include information about you that is recorded by web servers when you browse our Sites. This typically includes, but is not limited to, your device's Internet Protocol (IP) address, computer/mobile operating system, browser version, mobile device type, mobile device characteristics, unique device identifier (UDID), mobile equipment identifier (MEID) of your mobile device, referring web page address (if any), the pages you visit on our web and mobile applications and the pages you visit, and sometimes includes "cookies" (which you can disable in your device settings to help the site remember your last visit). When you log in, this information is associated with your user account and is used to provide anonymous statistics to help us understand visitor usage of our Platforms.

4.2 Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc. We collect, use, disclose and/or process this information for one or more of the Purposes (as defined below), including but not limited to providing you with location-based services you request or sending you relevant content based on your location or allowing you to share your location with other users as part of the services provided under our mobile applications. For most mobile devices, you can withdraw your right to have us receive information about your location via the settings on your device. If you have any questions about how to disable location services on your mobile device, please contact your mobile carrier or device manufacturer.

5. Cookies

5.1 We, or others who provide services on our behalf, and our advertising partners may from time to time use “cookies” or other features to enable us or third parties to collect or share information to help us improve the Site and the services we offer, or to help us provide new services and features, and/or to enable us and our advertising partners to deliver content relevant to your interests, including targeted advertising. “Cookies” are identifiers that we send to your computer or mobile device to enable us to recognize your computer or device and tell us how and when you use or visit our services or websites, how many users use them, and to track your movements within our website. We may link cookies to your personal information. Cookies are also used to provide content tailored to your interests so that our advertising partners can display ads across sites on the Internet, and for analytics purposes, and to monitor the use of our services on the website.

5.2 You may refuse the use of Cookies by selecting the appropriate settings on your browser. However, please note that if you refuse the use of Cookies you may not be able to use the full functionality of the Site or Services.

6. How do we use the information you provide to us?

6.1 We may collect, use, disclose and/or process your personal data for one or more of the following purposes: To consider and/or process your submissions/transactions with us or your transactions or communications with third parties through the Services.
To manage, operate, provide and/or administer your use of and/or access to our Services and Website, including your relationship and user account with us.
To respond to, process, manage or complete transactions and/or fulfill your requests for products and services, and notify you about service issues and unusual account actions.
To enforce the applicable Terms of Service or End User License Agreement.
To protect the safety and rights, property or safety of others.
For identity, verification or due diligence or Know Your Customer (KYC) purposes.
To maintain and control software updates and/or other updates and provide necessary support from time to time to ensure the smooth operation of our Services.
To manage or facilitate customer service, carry out your instructions, deal with or respond to any inquiries received (or purported to be received) from you or on your behalf.
To contact or communicate with you via voice call, text message and/or fax message, email and/or postal mail, or in any other manner for the purpose of administering and/or managing your relationship with us or your use of our Services, such as, but not limited to, communicating administrative information relating to our Services to you. You acknowledge and agree that such communication by us may be by way of correspondence, documents or notices to you, which may involve the disclosure of certain of your personal data on the outer envelope/package for delivery thereof. To allow other users to interact, connect with you, or view certain of your activities on the Site, including notifying you when other users send you private messages or post comments for you on the Site. For research, analysis and development activities (including but not limited to data analysis, surveys, product and service development and/or analysis of data based on your interests or behavior), to analyze the use of the Services, to recommend products and/or services based on your interests, to improve our Services or products and/or to enhance customer experience. To enable us to conduct audits and conduct surveys and other activities to examine the size and composition of our target audience and understand how customers experience Foodini services. For marketing and advertising purposes for promotional activities . We will notify and communicate in various ways and formats about marketing and promotional information and media related to products and/or services (including but not limited to products and/or services of third parties with whom Foodini may collaborate or have agreements) that Foodini (and/or its affiliates or related companies) may sell, market or promote, both for existing and future products or services, which you can opt out of receiving marketing communications at any time by selecting the unsubscribe function provided in the electronic media. We may use your contact information to send you mailings or marketing materials from us or our related companies. Privacy Laws To respond to legal process or to comply with or satisfy any applicable law, governmental or regulatory requirement under any relevant jurisdiction, including, without limitation, to ensure compliance with any requirements to make such disclosure in accordance with any law to which Foodini or its related companies or affiliates are subject. To compile statistical data and research for internal reporting within the organization and as required by law and/or as required by record keeping regulations. To conduct business background check procedures or other screening activities (including, without limitation, background checks) in accordance with a legal or regulatory obligation or our risk management processes as required by law or implemented by us. To review our services or Foodini's business To prevent and investigate fraud, illegal activities, omissions or misconduct, whether related to your use of our Services or any other activities arising from your relationship with us, and whether or not there is any suspicion of the foregoing. To store, host, back up (whether for disaster recovery or otherwise) your personal data, whether within or outside our jurisdiction. To manage and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves Foodini as a participant or involves a related company or affiliate of Foodini only as a participant, or involves Foodini and/or one or more related companies or affiliates of Foodini as a participant, and there may be third party entities that are participants in such transaction. "Business Asset Transaction" means the purchase, sale, lease, merger, acquisition or other disposal of, or financing of, an entity or any portion of an entity or any business or other assets of an entity, and/or Any other purposes we notify you of at the time of obtaining your consent. (collectively referred to as the "Objectives")

6.2 You acknowledge, consent and agree that Shopee may access, preserve and disclose your User Account information and the Content if required to do so by law or in response to a court order or any governmental agency having jurisdiction over Shopee, or in the good faith belief that such action is required to (a) comply with any legal process; (b) comply with an order from any governmental agency having jurisdiction over Shopee; (c) enforce these Terms of Service and Privacy Policy; (d) comply with any claim, whether threatened or actual, made against Shopee or any claim that the Content violates any rights of another; (e) comply with your requests for customer service; or (f) protect the rights, property and personal safety of Shopee, its Users and/or the public.

6.3 As the purposes for which we collect, use, disclose and/or process your personal data depend on the specific circumstances, such purposes may not be listed above. However, we will inform you of such purposes upon obtaining your consent, unless the processing of the relevant data without your consent is required by applicable data protection laws.

7. How does Foodini protect customers' personal data?

7.1 We implement a variety of security measures to our best efforts to ensure the security of your Personal Data held on our systems. Users' Personal Data is stored behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, we cannot guarantee the absolute security of your Personal Data.

7.2 We will retain your Personal Data in accordance with applicable data protection laws and/or other applicable laws. We will destroy or anonymize your Personal Data as soon as we have reason to believe that (i) the purpose for which the Personal Data was collected is no longer applicable to the retention of such Personal Data, and (ii) the retention of such Personal Data is no longer necessary for any legal or business purposes. If you cease to use the Site or your right to use the Site and/or the Services is terminated, we may continue to store, use and/or disclose your Personal Data in accordance with applicable data protection laws and our obligations under these Privacy Laws. Subject to applicable law, we may securely destroy your Personal Data without prior notice.

8. Does Foodini disclose information collected from visitors to outside parties?

8.1 In the course of our business, we will/may need to disclose your personal data to our third party service providers, agents and/or our affiliates or related companies and/or other third parties, whether located in or outside Thailand, for one or more of the above-mentioned purposes. Such third party service providers, agents and/or our affiliates or related companies and/or other third parties may process your personal data on our behalf or otherwise for one or more of the above-mentioned purposes. Such third parties include, but are not limited to: Our affiliated companies, group companies and related companies Other users or your employees or agents with whom you transact or otherwise interact through the Site or in connection with your use of our Services for the purposes set out above. Contractors, agents, service providers and other third parties we use to support our business. These include, but are not limited to, those providing administrative or other services, such as mail order companies, logistics service companies, financial services companies, advertising and marketing partners, telecommunications service companies, information technology service companies and data centers. Any governmental and regulatory authorities having regulatory authority over Foodini or as permitted under Section 6.2. A buyer, transferee or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Foodini's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Data about our Users held by Foodini is among the transferred assets, or to a party to a business asset transaction in which Foodini or our affiliates or related corporations are involved, and Third parties to whom we have disclosed personal data for one or more of the Purposes, and such third parties may collect and process your personal data for one or more of the Purposes.

8.2 We may share, including statistical and demographic information, about our Users and their use of our Services with advertising partners and other parties who provide advertising, ad-based advertising and/or programming.

8.3 For the avoidance of doubt, where the Data Protection Act or other applicable laws permit an organization such as ours to collect, use or disclose your personal data without your consent, such legal authorization shall apply. Subject to applicable law, we may use your personal data on one or more of the following legal processing bases as may be relevant to the purposes, including legal bases for the performance of a legal obligation, contractual bases for the performance of a contract with you, for our legitimate interests and our grounds for using the data which we will take into account whether they affect your rights regarding data protection, for any other purposes for which you have provided your consent which we may request from you from time to time as necessary or where necessary in relation to any legal claim.

8.4 Third parties may unlawfully block or access personal information transmitted to or contained on the Site, technologies may malfunction or not work as expected, or individuals may access, misuse or inappropriately use information, without our involvement. Nevertheless, we will take reasonable security measures to protect your personal information as required under applicable data protection laws. However, we cannot guarantee absolute security in cases such as, but not limited to, unauthorized disclosure resulting from sophisticated malicious hacking by unauthorized parties, without our involvement.

8.5 As set out in the Oca Terms of Service, any User who comes into possession of a “User”’s Personal Data through the use of our Services (“Recipient”) acknowledges and agrees that such User (i) complies with all applicable data protection laws with respect to such data, (ii) permits the “User” whose Personal Data has been collected by the Recipient (“Discloser”) to delete his/her Personal Data from the Recipient’s database, and (iii) permits the Discloser to review what information about him/her has been collected by the Recipient for any purpose whatsoever.

9. Child information

The Services are not directed to children under the age of 20. We do not knowingly collect or maintain any personal information or non-personally identifiable information from anyone under the age of 20, nor do we knowingly direct any part of our Platform or other Services to children under the age of 20. We ask that parents or legal guardians ensure that their children do not submit any personal information to Foodini. However, if we do submit any personal information of a child under the age of 20 to Foodini, you consent to our holding of such personal information and you accept and agree to be bound by the terms set forth in this Privacy Policy on behalf of such child. However, we will close any account used by a child and will remove and/or delete any personal information that we believe has been submitted by a child under the age of 20 without the consent of such parent or legal guardian.

10. Information collected by external parties

10.1 Our Site may use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the site (including your IP address) will be transmitted to and stored on servers by Google in the United States. Google will use this information to evaluate your use of the site, compile reports on site activity for website operators, and provide other services relating to site activity and internet usage. Google may also pass this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

10.2 From time to time, we and third parties may provide software applications for download that enable you to use or access the Services. These applications may be accessed separately from, and may allow third parties to retrieve, your personally identifiable information, including your name, user ID and computer IP address, or other information, such as cookies, that you may have previously installed or that a third-party application or website has installed for you. These applications may also require you to provide additional information directly to the third party. Third-party products or services provided through these applications are not products or services of Foodini or are not controlled by Foodini. You are advised to read the terms and other policies published on their websites or otherwise by such third parties.

11. Disclaimer regarding Security and Third-Party Sites

11.1 We do not guarantee the security of your personal information and/or other information you provide to third party sites. We have implemented various security measures to protect the safety of your personal information that we own or control. Users' personal information is stored behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems and are required to protect the confidentiality of your personal information. When you place an order or access your personal information, we offer to use a secure server. All personal information or sensitive information you provide is encrypted in our databases so that it can only be accessed as described above.

11.2 In an effort to provide you with greater value, we may select third-party websites to be linked or integrated within the Site. We may also enter into co-branding or other relationships to offer e-commerce transactions and other services and features to our visitors. These linked sites will have their own separate privacy policies and security arrangements. Although the third parties are affiliated with us, we have no control over these linked sites, as each site has separate privacy and data collection practices independent of ours. Information collected on our co-branded partners or third-party websites (even if offered on or through our Site) may not be obtained from us.

11.3 Accordingly, we have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of any of these linked sites. These linked sites are provided for your convenience and you access them at your own risk. However, we want to protect the integrity of our site and the links contained within each of them and listen to your feedback regarding these linked sites (including, without limitation, if a particular link does not work).

12. Will Foodini transfer your data overseas?

12.1 Your personal information and/or data may be transferred, stored or processed outside of Singapore. In most cases, your personal information will be processed in Singapore where our servers are located. Foodini will only transfer your information overseas in accordance with applicable data protection laws.

13. How You Can Revoke, Delete, Request Access to, or Correct the Information You Provide to Us.

13.1 Withdrawal of consent You may withdraw your consent to the collection, use and/or disclosure of your personal information in our possession or control by sending an email to our Data Protection Officer at info@getfoodini.app and we will consider your request to withdraw your consent in accordance with the terms set out in this Privacy Policy and the Data Protection Act and other applicable laws. However, your withdrawal of consent may mean that we will not be able to provide our services to you and we may have to terminate your existing relationship and/or contract with us. 13.2 Request for access to and/or correction of personal data

13.2.1 If you have an account with us, you may access and/or correct your personal data that we currently own or control through the account settings page located on the Site. If you do not have an account with us, you may request access to and/or correct your personal data that we currently own or control by submitting a written request to us. We will need to have sufficient information from you to determine your identity and the nature of your request in order to act on your request, so please submit your request in writing by emailing our Data Protection Officer at info@getfoodini.app .

13.2.2 For requests to access personal data, once we have sufficient information about you to process it, we will provide you with the relevant personal data within 30 days. If we are unable to respond to your request within 30 days, we will inform you of the earliest time within which we can provide you with the information you requested. Please note that privacy laws may exempt certain types of personal data from your access request.

13.2.3 For requests to correct personal data, once we have sufficient information about you to be able to do so, we will: Correct your personal information within 30 days. If we are unable to correct it within that timeframe, we will let you know about the earliest possible timeframe for making the correction. Please note that data protection laws may exempt certain types of personal information from correction requests and specify when we may require correction in different situations, even if you have requested it; and We will send corrected personal information to all organizations to which we disclosed the personal information within one year prior to the date of the correction, unless that organization no longer needs the corrected personal information for legal or business purposes.

13.2.4 Notwithstanding subparagraph (b) above, we may, upon request, send the corrected personal data to any specific organisation to which we disclosed the personal data within one year prior to the date of the correction.

13.2.5 To the extent permitted by law, we will/may charge a reasonable fee for processing and addressing your request for access to your personal data. If we choose to charge a fee, we will provide you with an estimate of the fee in writing. Please remember that we are not required to respond to or take any action on your request for access unless you agree to pay the fee.

13.2.6 We reserve the right to refuse to correct your personal data in accordance with the requirements set out in the Privacy Laws, where the requirements specify and/or give an organisation the right to refuse to correct personal data in specified circumstances.

14. Do you have any questions, concerns or complaints? Please contact us.

14.1 If you have any questions or concerns about our privacy practices or about our management of the Services, please contact us immediately at: info@getfoodini.app.

14.2 If you have any complaints or concerns about how we handle your personal data or about how we comply with data protection laws, we ask that you contact us to address your complaint or concern. Please contact us by email to address your complaint or concern at: Email: info@getfoodini.app and send to “Personal Data Protection Officer”

15. Terms and conditions

Please read the Terms of Service, which set forth the terms of use, disclaimers, and limitations of liability that govern your use of the Site and Services, as well as other relevant policies.

Issue dated December 12, 2024