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upMarket Privacy Policy

We at upMarket are committed to building the best platform for the hospitality industry, and the core of that is the people and in this case their privacy. This means we will endeavour to the best of our ability to protect any personal information collected by our Platform.

Please read the following privacy policy that explains how we use and protect your information. We’ll be the "data controllers" of the information you provide to us. You’ll also find information about how you can exercise your privacy rights. By using our Platform you agree to upmarket using your personal information as described in this Privacy Policy. The terms “we”, “us” or “our” are each intended as reference to upco and any terms not defined in this Privacy Policy are defined in our Terms & Conditions.

1. Contact Details

If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please get in touch with us using the following details.

  1. By contacting our general customer services team at: hello@up-co.com

  2. By contacting our Data Protection Officer: info@up-co.com

2. How we collect your information

  1. We collect your personal information when you interact with us or use our services, such as when you use our Platform to place an order. We also look at how visitors use our Platform, to help us improve our services and optimise customer experience.

  2. We collect information:

    1. when you create an account with us or you change your account settings;

    2. when you place an order with us and during the order process (including for payment and order);

    3. when you contact us directly via email, phone, message or via our chat function; and

    4. when you browse and use our Sites (before and after you create an account with us).

  3. We also collect information from third party sites, such as advertising platforms and our fraud detection provider.

3. Information we collect from you

  1. As part of our commitment to the privacy of our customers and visitors to our Platform more generally, we want to be clear about the sorts of information we will collect from you.

  2. When you visit the Platform or make a upMarket order through the Platform, you are asked to provide information about yourself including your name, email, phone number and payment information such as credit or debit card information.

  3. We also collect information about your usage of the Platform and information about you from any messages you post to the Platform or when you contact us or provide us with feedback, including via e-mail or chat function.

  4. We collect technical information from your mobile device or computer, such as its operating system, location data, the device and connection type and the IP address from which you are accessing our Platform.

  5. We collect data on personal preferences such as, Allergens, combined purchases from other sites

4. Use of information

  1. We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information: if we need to process your information in order to provide you with the service you have requested or to enter into a contract; we have your consent; we have a justifiable reason for processing your data; or we are under a legal obligation to do so.

  2. Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:

    1. to enable us to provide you with access to the relevant parts of the Platform;

    2. to supply the services or products you have requested;

    3. to enable us to collect payment from you; and

    4. to contact you where necessary concerning our services or products, such as to resolve issues you may have with your order.

    • We also process your data where we have a justifiable reason for doing so— for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed some of these reasons below:

    1. to improve the effectiveness and quality of service that our customers can expect from us in the future;

    2. to tailor content that we or our third party retailer, service provider or advertising partners display to you, for example so that we can show you restaurants which are in your area or make sure you see the advertising which is most relevant to you, based on characteristics determined by us;

    3. to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;

    4. to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Platform or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;

    5. to analyse your activity on the Platform so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;

    6. to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of upMarket, retail partners, or others (including to prevent fraud).

    • We also analyse data about your use of our services from your location data to create profiles relating to you and for you. This means that we may make certain assumptions about what you may be interested in and use this, for example, to send you more tailored marketing communications, to present you with retailers or services that we think you will prefer, or to let you know about special offers or products which we think you may be interested in. This activity is referred to as profiling. You have certain rights in relation to this type of processing. Please see 'Your Rights' section below for more information.

    • Where we rely on our justifiable reasons for processing as a basis for processing your personal information, we carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our justifiable reasons for processing. You can find out more information about these balancing tests by contacting us using the details above.

    • Where we are under a legal obligation to do so we may use your information to:

    1. create a record of your order(s); and

    2. comply with any legal obligation or regulatory requirement to which we are subject.

5. upMarket for Business

  1. We also process your information to determine whether you may be interested in hearing about our upMarket for Business service.

  2. Where we think you may be interested in our upMarket for Business service, we may contact you by email using the contact details you have provided to let you know about it. We are the controller of this information. You have the right to opt out of receiving these types of communications and may do so by changing your marketing preferences (as set out in section 7 below);

  3. If your employer signs up for upMarket for Business, we will contact you to let you know that the upMarket for Business service is available to you. If you would like to take up your employer’s offer to use upMarket for Business, we will tag your upMarket account as having a upMarket for Business allowance. For both these activities we are acting as a data processor on behalf of your employer (who is the controller of this information). For more information, please contact your employer.

  4. When you use upMarket for Business, then:

    1. we will process your information for the purposes set out in section 4 above. We will be the controller of this information; and

    2. we will also share personal data relating to your order (such as the order date and time, the payment amount and the retailer with which the order was placed) with your employer.

    3. upMarket and your employer will both be joint controllers of this information.

6. Cookies

  1. Cookies are small pieces of data that websites store on a device. Cookies can improve your and your visitors’ browsing experience because they help websites remember preferences and understand how people use different features. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly. You can find our Cookie Policy here: up-co.com/cookie-policy[KG1]

7. Direct Marketing

  1. Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know about our other products and services that may be of interest to you and we may contact you to do so by email or push message. You can control your marketing preferences by:

    1. visiting mobile application and clicking on "Account" and clicking to "Settings", you can edit marketing preferences [KG2]

8. Retention of your data

  1. Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with our justifiable reason for processing or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

  2. When determining the relevant retention periods, we will take into account factors including:

    1. our contractual obligations and rights in relation to the information involved;

    2. legal obligation(s) under applicable law to retain data for a certain period of time;

    3. statute of limitations under applicable law(s);

    4. our justifiable reason for processing where we have carried out balancing tests (see section on ‘How we use your personal information above);

    5. (potential) disputes; and

    6. guidelines issued by relevant data protection authorities.

  3. Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

9. Disclosure of your data

  1. The information we collect may be transferred to and stored on servers within the EU or servers certified under the EU-U.S. Privacy Shield Framework. For more information on this please see here: https://docs.microsoft.com/en-IE/azure/security/fundamentals/protection-customer-data

  2. Sharing your information with third parties

  3. We share your information with third party service providers. The types of third party service providers whom we share your information with includes:

  1. Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;

  1. IT service providers (including cloud providers): for the purposes of data storage and analysis;

  2. Retail & Service partners & providers: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies, or special requirements you have volunteered to tell them about, resolve issues, or improve their services;

  3. Marketing and advertising partners: so that they can ensure that you see advertising which is more relevant to you and send you email marketing on our behalf.

upMarket will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.

We may also share your information:

  1. if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;

  2. in order to enforce our contractual terms with you and any other agreement;

  3. to protect the rights of upMarket, restaurant partners, or others, including to prevent fraud; and

  4. with such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police.

10. Security

  1. We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. We will take all reasonable precautions to protect your data from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.

  2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of the data transmitted to the Platform; any transmission is at your own risk. Once we have received information, we will use strict procedures and security features to try to prevent unauthorised access.

  3. If you suspect any misuse or loss of, or unauthorised access to, their data, they should let us know immediately.

  4. We are not liable for any loss, damage or claim arising out of another person’s use of the data where we were authorised to provide that person with the data.

11. Your rights

  1. Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below.

    1. The right to be informed.

    2. The right of access.

    3. The right to rectification.

    4. The right to erasure.

    5. The right to restrict processing.

    6. The right to data portability.

    7. The right to lodge a complaint.

    8. The right to withdraw consent.

    9. The right to object to processing.

  2. If you cannot update your own information, we will correct any errors in the data we hold about you within 7 days of receiving written notice about those errors.

  3. It is your responsibility to provide us with accurate and truthful data. We cannot be liable for any information that is provided to us that is incorrect.

12. Complaints

1. If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Irish Data Protection Commissioner using the following details:

Address: Data Protection Commissioner, Canal House, Station Road, Portarlington, R32 AP23 Co. Laois

Telephone number: +353 57 8684800

Website: www.dataprotection.ie

13. Changes to our Privacy Policy

Any changes to our privacy policy will be posted to the Sites and, where appropriate, we will notify you of the changes for example by email or push notification. We may do things in addition to what is stated in this Privacy Policy to comply with the GDPR and nothing in this Privacy Policy shall deem us to have not complied with the GDPR.

This privacy policy was last updated: 27/04/2020

[KG1] We need a cookie policy, and location

[KG2] Need to clarify this for desktop

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