Last modified: May 28, 2024
Introduction
Your privacy is genuinely important to us. Vita Mojo International Limited and its subsidiaries and affiliates (“Vita Mojo“, “we“, “our” or “us“) are committed to safeguarding your data in line with the latest data protection and privacy laws.
The data we collect depends on the context of your interactions with us. Unless otherwise defined below, “you” or “your” means any person that is authorised to use www.vitamojo.com (including subdomains and related mobile applications) (the “website”) and services.
“Personal Data” as defined by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (known as the “UK GDPR”), means any information relating to an identified or identifiable natural person. Some laws may use different definitions, if you are asserting your rights under law, the applicable legal definition governs your rights.
Vita Mojo will be a Data Controller (as defined by the UK GDPR) of your Personal Data in connection with our website and services. We process Personal Data across a range of systems and tools, including our customer management system and communication platforms.
Our services include our provision of an end-to-end software solution which enables you to order products from businesses who operate our software system for services and kiosks (“System”). The businesses who utilise the System (“Business” or “Businesses”), are joint Data Controllers (as defined by the UK GDPR). If you are a customer of a Business or wish to address your rights, please contact the Business.
We may also act as Data Processor (as defined in the UK GDPR) if requested by a Business, or if we provide certain services to a Business. Such processing is subject to independent contractual terms and conditions and a data processing agreement to safeguard Personal Data. You should visit the privacy policy of that Business should You have any queries or questions about Your Personal Data.
Should we ask you to provide certain information by which you can be identified when using our website or services, then you can be assured that it will only be used in accordance with this Privacy Policy.
Data Collection
Personal Data we collect. In general, we may collect data about you in the following situations, when you:
Personal Data collected directly from you. We may collect Personal Data that you voluntarily provide, such as your: (a) title; (b) first and last name; (c) email address; (d) business address; (e) residential/delivery address; (f) professional title and affiliation; (g) telephone number; (h) payment details; or (i) location data (when an order is placed through a Vita Mojo kiosk). We also record your communications preferences when you sign up to receive marketing communications from us.
Technical Data collected automatically. We may automatically collect certain technical data about your use of our website, System and/or services, and data about the device you are using. Technical data may include your: (a) Internet Protocol (“IP”) address; (b) browser type and version; (c) device IDs or other unique identifiers; (d) the referring webpage; and (e) viewing history. To collect this information, we may use cookies, web beacons, pixels and other automatic information gathering technologies. Please see our Cookie Policy for more information.
Data collected from Businesses. We may collect data about you in order for us to fulfil food orders placed with the Business though the System and (if applicable) allow for You to participate in a Businesses loyalty scheme. This may include your: (a) name; (b) email address; and (c) telephone number.
Data collected by Marketing Partners or public sources. We may collect data about you from: (a) trusted third parties providing us with services and purchased data for marketing purposes (our “Marketing Partners”); or (b) public sources. These sources vary over time, but could include: (a) service providers that help us determine a location based on your IP address in order to customise our service and for other uses consistent with this Privacy Policy; (b) security service providers who provide us with data to secure our systems and prevent fraud; (c) online and offline data providers, from which we obtain aggregated demographic, interest based and online advertising related data; and (e) publicly-available sources such as publicly available posts on social media Systems and information available through public databases.
Aggregated Data. We may also collect, use, and share data such as statistical or demographic data (“Aggregated Data”) for any purpose. Aggregated Data may be derived from your Personal Data, but it is still not considered Personal Data in law, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we will treat this combined data as Personal which will be used in accordance with this Privacy Policy.
Special Categories of Personal Data. We do not collect any Special Categories of Personal Data (as defined in the UK GDPR) other than certain health data (for example, food allergies, dietary and lifestyle preferences) when you place an order through a Business. In this case, we are only acting as Data Processor in accordance with the written instructions of the Businesses. You must therefore check the privacy policy of the applicable Business from which You are ordering for more details on how they handle Your Personal Data (and any Special Categories of Personal Data). We do not collect details about your race, or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, or genetic and biometric data.
Children. Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If You are a parent or guardian and You are aware that Your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that Personal Data from our servers.
If you are acting on behalf of a Business. We collect Personal Data through the Business’ engagement with us, including Personal Data that is collected from you, and from the Business, or through an account created on the System.
If you choose not to provide data. The provision of Personal Data is not mandatory. However, you may not be able to access and use the website, System, services and/or communicate with Vita Mojo without disclosing some Personal Data to us.
Use of Data
Why do we collect your Personal Data? We use your Personal Data solely for certain legitimate business purposes, which include some or all, of the following:
Lawful Basis. To process your Personal Data in accordance with data protection laws, we must establish a lawful basis for doing so. We process your Personal Data: (a) where we have your consent to do so; (b) where we need the Personal Data to perform a contract with you; or (c) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights or freedoms (for example, our direct marketing activities in accordance with your preferences). In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person. Mostly, however, Vita Mojo processes your personal information for our legitimate business interests as described in the section “Why do we collect your Personal Data?”. If we collect and use your Personal Data in reliance on any legal basis other than our legitimate interests, we will make it clear to you at the relevant time. For example, if we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as possible consequences if you do not provide your Personal Data). If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the details set out in the “Contacting Us” section below.
Recorded telephone calls. Please note, we will monitor and record any communications we have with you, including phone conversations, emails, community posts and web-chat conversations for the purposes of training and compliance (for example, evidence or verification of transactions and events). Telephone call recording is in the legitimate interests of the recorder (Vita Mojo) for both training and compliance purposes.
Disclosure of Data
Disclosure of your Personal Data. We do not disclose Personal Data about you to third parties except under the following circumstances and for the following purposes:
Third-Party Processors. Where a third-party data processor is used, we make sure that they operate under contractual restrictions with regard to confidentiality and security, in addition to their obligations under data protection laws. We do not allow third parties to use your Personal Data for their own purposes.
Third-Party Links. Our website, System and services may include links to third-party websites, plug-ins, and applications. We do not control these third-party websites and are not responsible for the privacy and security practices of any third-party websites, which are governed by their own practices.
Data Transfers
Outside the UK/EEA. We may transfer data outside of the UK/European Economic Area (“EEA”) or share Personal Data with third-party processors who process Personal Data outside of the UK/EEA on our behalf. We transfer this Personal Data only where necessary and only where appropriate security measures and controls are in place to protect your Personal Data in accordance with applicable data protection laws. This means these transfers will take place on the basis of an approved data transfer mechanism, such as UK/EU Standard Contractual Clauses or, for example, for transfers from the EEA to the UK, the European Commission’s Decisions on Adequacy. Regardless of location, Vita Mojo takes care to ensure that our affiliates, employees, agents, and processors in other countries act in a manner consistent with this Privacy Policy.
Data Security
Security Measures. We use reasonable administrative, logical, physical, and managerial measures to safeguard your Personal Data against loss, theft, and unauthorised access, use and modification. All Personal Data will be stored on our secure servers that have limited access and are in controlled facilities. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a legitimate business reason to have such access. All transactions are PCI DSS, PSD2 and SCA compliant and all payments made through the website are encrypted using secure sockets layer “SSL” technology. To learn more about security, including the security measures we have taken and steps you can take to enhance the security of your information when using the website or our services, please contact us using the details set out in the “Contact Us” section of this Privacy Policy.
Data Breach. Despite the above “Security Measures”, please note that no data transmission over the internet or any other network can be guaranteed to be 100% secure. While we strive to protect data transmitted on or through the website and System, we cannot and do not guarantee the security of information you transmit. At your request, we may occasionally transfer Personal Data to you via email, or you may choose to transfer data to us via email. Email is not a secure method of data transmission; if you choose to send or receive such data via email, you do so at your own risk. When we transmit highly confidential data (such as passwords or payment details) over the internet, we protect it through the use of encryption. We also have appropriate procedures to deal with any actual or suspected data breach and will notify you when we are legally required to do so.
Data Retention
Length of Retention. We may retain your data for as long as you use our services and we reasonably need to use it, having regard to the purpose for which it was collected, and in accordance with all applicable data protection laws. In some circumstances you can edit or delete your Personal Data, see the “Your Rights” section of this Privacy Policy. We take reasonable measures to destroy or de-identify Personal Data in a secure manner when it is no longer required.
Your Rights
Rights of UK or EU/EEA Residents. If you are in one of the EU/EEA countries, you are entitled to certain rights under the EU General Data Protection Regulation 2016/679 (“GDPR”). If you are in the UK, you are entitled to the same rights under the UK GDPR. By visiting the website, using our services, or communicating with us you acknowledge that we may process your Personal Data for the purposes described above, either on the basis of your consent or if we have other lawful grounds to do so. Under the GDPR or the UK GDPR, you have the below additional rights in respect of your Personal Data.
To learn more about your rights under the GDPR, you can visit the European Commission’s page on the Protection of Personal Data: https://europa.eu/european-union/index_en
To learn more about your rights under the UK GDPR, you can visit the Information Commissioner’s Office page: https://ico.org.uk/your-data-matters/
Rights of US Residents. In accordance with the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) we acknowledge and comply with the following:
Exercising your rights. If you want to exercise any of the rights described above, please contact us using the contact details in the “Contacting Us” section of this Privacy Policy. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive, or we may refuse to comply with your request in these circumstances.
Marketing Communications and Opting Out
Vita Mojo. We will use Your Personal Data to send you promotional communications (by email, text message, telephone, or post) about our services, including exclusive offers, promotions, or new services. Where you are an existing customer or have inquired about our Website and services, we have a legitimate interest in using your Personal Data for marketing purposes (see above “Use of Data” section of this Privacy Policy). This means we do not need Your consent to send you promotional communications. If we change our marketing approach in the future so that consent is needed, we will ask You for this separately and clearly. We may ask You to confirm or update your marketing preferences if You ask us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business. We will always treat Your Personal Data with the utmost respect and never sell it with other organisations for marketing purposes.
Opting Out. You may opt out of receiving marketing communications from us by clicking the “unsubscribe” link in a particular promotional communication or sending “STOP” by text communication. Alternatively, you can contact us at any time using the details in the “Contacting Us” section of this Privacy Policy. Please note that you cannot opt out from receiving all communications from us, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because they may contain important information.
Businesses. Where you consent to direct marketing or opt in to a Businesses loyalty scheme, your consent is provided to the Business. We, acting as Data Processor, and in accordance with their instructions, may assist Businesses in processing your data to fulfil our contractual obligations to them. You may unsubscribe at any time from direct marketing though the opt-out link in marketing communications sent by the Business. You may opt-out of the loyalty scheme at any time by contacting the Business. The Business’s privacy policy and notices will govern in respect of marketing activities and analytics conducted by us acting as processor when assisting the Business with managing their analytics, marketing activities and loyalty schemes.
Contacting Us
Data Protection Officer. If you have any queries about this Privacy Policy, including any requests to exercise your legal rights, all correspondence should be directed to Vita Mojo’s data protection officer by email at dpo@vitamojo.com. You may also send inquiries to the following postal address:
FAO: Data Protection Officer, Vita Mojo International Limited, 60 Cheapside, London EC2V 6AX.
Information from you. Please note that if you contact us to assist you, we may need to request specific information from you to ensure that Personal Data is not disclosed to any person who has no right to receive it.
Our response. We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
EU Representative. We have appointed EU Rep as our Representative under Article 27 of the GDPR. All GDPR queries from EU Data Subjects or Data Protection authorities should be addressed to privacy@europe.ie. BizLegal Ltd trading as EU Rep have their registered office at: 27 Cork Road, Middleton Co. Cork, Ireland. Company number 635921.
Complaints
You have a right to make a complaint to a supervisory authority at any time. In the UK, this is the Information Commissioner’s Office (“ICO”) (www.ICO.org.uk). If you are in the EU/EEA/US you may also submit unresolved complaints to binding arbitration in front of the American Arbitration Association (“AAA”) under certain conditions. Information about AAA services can be found at: http://go.adr.org/. We would, however, appreciate the opportunity to deal with your concerns before you approach the ICO or AAA, so please contact us in the first instance using the details in the “Contacting Us” section of this Privacy Policy.
Changes to our Privacy Policy
Vita Mojo may update this Privacy Policy at any time. We encourage you to review this Privacy Policy regularly to make sure you are familiar with our most updated policies and practices. When we make material changes, such as a change to the purposes of processing of personal data that is not consistent with the purpose for which it was originally collected, we will notify you by email (if you have provided us with your email address below). You may unsubscribe from these emails at any time.
Archived versions of our Privacy Policy can be found here. Your continued use of our website and other products and services following the publication or notification of any changes will constitute acknowledgement and (as applicable) acceptance of those changes.
If you would like to stay informed of Privacy Policy updates, please provide your email address below:
