Yodel Delivery BYOD Courier related Terms and Conditions, Privacy and Cookie Notices
Version Control: Version 1.0
1. Terms and Conditions
3. Cookies Policy Document
1. Terms and Conditions Document
Yodel Delivery Terms and Conditions
Please note that your acceptance of these Terms is required for your use of the App. If you don’t accept these terms you will be unable to use the App, which may result in you being unable to provide services to Yodel.
WHO WE ARE AND PURPOSE OF THESE TERMS
We, Yodel Delivery Network Limited (Yodel, we, us), with company number 05200072 and registered office 2nd Floor Atlantic Pavilion, Albert Dock, Liverpool, L3 4AE license you to use:
– Yodel Delivery mobile application software, (App) and any updates or supplements to it;
– The related [online AND/ORelectronic] documentation, including any training materials provided to you by us (Documentation);
– The data provided to you via the App which enables you to provide the relevant service to us, including but not limited to information relating to parcel deliveries (App Data), as permitted in these terms.
By accepting these terms, you agree to the obligations set out in these terms.
APP STORE’S TERMS
The ways in which you can use the App may also be controlled by the rules and policies of the App Store (whether this is a public or enterprise App Store) from which you downloaded the App.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce from time to time.
We will give you at least 30 days’ notice of any change. We may contact you by email, via push notifications or using a banner in the App to notify you of any changes.
If you do not accept the notified changes you will not be permitted to continue to use the App and the App Data.
In order to use the App and the App Data to provide any services to us, it is your responsibility to ensure that your mobile device is properly charged and that you have constant access to the internet, either via a mobile network or Wi-Fi connection.
You should make all efforts to ensure that you have continued access to the internet for the duration of each period in which you are engaged by us to provide any services.
YOUR APP PROFILE
When you first download the App, you will be prompted to create a user profile. You must complete this process before you will be able to use the App or the App Data.
Your profile is personal to you, and you must never share your profile log-in details with any third party – including another Yodel worker – for any reason without prior permission from us. Additionally, you must not allow anyone else to access the App using your profile or log in details for any reason.
You should only log into your profile on one device at any one time. Should you have to use an alternative device to access your profile, you should first log out of any device on which you are currently logged into.
USING THE APP
HOW YOU MAY USE THE APP AND THE APP DATA
In return for your agreeing to comply with these terms you may:
– download or stream a copy of the App onto a mobile device and view, use and display the App and the App Data on such device for the purposes of providing your contracted service to us only;
– use any Documentation provided to you by us to support your permitted use of the App and the App Data;
– receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you, and you agree that you shall install such updates when requested, to ensure the continued secure operation of the App;
– only use the App Data for the purposes of providing a service to us.
When using the App in addition to complying with these Terms, you must also comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
RESTRICTIONS ON USE OF THE APP AND THE APP DATA
You must not:
– use or make any copy of the App Data for personal or malicious purposes, or for any purposes other than the provision of the services for which you are engaged to provide to us;
– transfer the App or the App Data to anyone else, whether for money, for anything else, or for free. If you transfer to any third party any device on which the App is installed (whether by way of sale, donation, disposal or otherwise), you must remove the App from it prior to the transfer being finalised;
– permit any third party to access the App of the App Data on your mobile device. You must not share your log in details to any third party or use them to grant a third party access to the App or the App Data using your profile without prior permission from us;
– use the App or the App Data in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or the App Data;
– disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the App Data nor attempt to do any such things;
– update or amend the App with any software code or updates provided by any third party, unless directed to do so by us;
– infringe our intellectual property rights or those of any third party in relation to your use of the App or the App Data (to the extent that such use is not licensed by these terms);
– translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or App Data nor permit the App or the App Data or any part of them to be combined with, or become incorporated in, any other programs;
– use the App or the App Data in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
– back-up the App or the App Data to your mobile device, or any other device, in order to or make any attempts to extract any information contained within the App; and
– rent, lease, sub-license, loan, provide, or otherwise make available, the App or the App Data in any form, in whole or in part to any person without prior written consent from us.
UPDATES TO THE APP
From time to time we may automatically update or request that you install an update to the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or the App Data.
BREACH OF THESE TERMS
We may end your rights to use the App and the App Data at any time by contacting you if: i) you have broken these terms in any way; or ii) you are in breach of any other contract you have with us; or iii) any other contract you have with us is terminated; or iv) you are in breach of any applicable law.
If we end your rights to use the App and App Data:
– You must stop all activities authorised by these terms, including your use of the App and any App Data.
– You must delete or remove the App from all devices in your possession and confirm to us that you have done this.
– We may disable your App profile meaning that you will no longer be able to log into the App or access any App Data.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the App Data throughout the world belong to us or our third party licensors and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the App Data other than the right to use them in accordance with these terms.
To the fullest extent permissible by law, we exclude all liability to you for your use of the App. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not responsible for events outside our control.If our provision of the App or the App Data is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
No rights for third parties: This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any term of this agreement, or any similar law which may arise in any other jurisdiction,
If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later: Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Governing law: These terms, and any claims arising out of, or in connection with them, are governed by, and construed in accordance with, the laws of England and Wales.
Please note that the collection and use of your personal information is required for the App to operate properly. Any refusal, disruption or tampering with the App which affects how the App collects and uses your personal information could result in the App not functioning properly, which in turn may result in you being unable to provide services to Yodel.
- WHO WE ARE
- THIS POLICY
- THE DATA WE COLLECT ABOUT YOU
- HOW WE USE YOUR PERSONAL DATA
- PURPOSES FOR WHICH WE USE YOUR PERSONAL DATA
- YOUR LEGAL RIGHTS
- SHARING YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- COOKIES AND SIMILAR TECHNOLOGIES
1. WHO WE ARE
This mobile application software, Yodel Delivery (the “App“) is operated by Yodel Delivery Network Limited (“Yodel“, “we“, “us“), with company number 05200072 and registered office 2nd Floor Atlantic Pavilion, Albert Dock, Liverpool, L3 4AE.
We are a “controller” for the purposes of the EU General Data Protection Regulation 2016/679 and the Data Protection Act 2018 (the “Act” and “GDPR” respectively, and together the “Data Protection Legislation“). This means that we are responsible for, and control the processing of, your personal information. We are registered with the Information Commissioner’s Office, or ICO, under registration number Z8874457.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you have any questions about how we use your personal information, please contact firstname.lastname@example.org or you can write to us at Yodel Data Protection Team, Second Floor, Atlantic Pavilion, Albert Dock, Liverpool, Merseyside L3 4AE.
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO“), the UK supervisory authority for data protection issues or other competent supervisory authority of an EU member state if the App is downloaded outside the UK, about how we use your personal information for the operation of the App.
2. THIS POLICY
This policy (together with the App’s terms and conditions of use (“Ts&Cs“) applies to your use of the App once you have downloaded a copy of the App onto your mobile telephone or handheld device.
3. THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data about you through your use of the App, as follows:
– Device Data– the type of mobile device that you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), and your mobile operating system;
– Login Data– your username and password;
– Usage Data– details of your use of the App, including analytics data where you consent to analytics; and
– Location Data– your location data while the App is running on your mobile device.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences for the purposes of the App.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
– Where you have consented before the processing.
– Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Where we process your personal data in pursuit of our legitimate interests, we take steps to ensure that we are only collecting information that we need to ensure that your fundamental rights are not overridden.
– Where we need to comply with a legal or regulatory obligation.
5. PURPOSES FOR WHICH WE USE YOUR PERSONAL DATA
|Type of data||Lawful basis for processing|
|To install the App and register you as a new App user
|Necessary for our legitimate interests (to require use of the App as this is more efficient that the use of other technologies that perform the same or similar functions)
|To manage our relationship with you including notifying you of changes to the App||Device Data
|Necessary for our legitimate interests (to keep records updated and to analyse how App users use the App)
Necessary to comply with legal obligations (such as to inform you of any changes to our terms and conditions)
|To administer and protect our business and this App including troubleshooting, data analysis and system testing||Device Data
|Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
Consent (in particular your consent for the use of analytics technologies on your device)
|To monitor the services that you are providing to us||Device Data
|Consent (in particular your consent for the use of analytics technologies on your device)
|To monitor trends so we can improve the App for users
|Consent (in particular your consent for the use of analytics technologies on your device)
Necessary for our legitimate interests (to keep records updated and to analyse how App users use the App)
6. YOUR LEGAL RIGHTS
In addition to the right to be informed about how we use your personal information (as set out in this privacy notice), you have various other rights in respect of the personal information we hold about you – these are set out in more detail below. If you wish to exercise any of these rights, please contact us at the details in Section 1 above.
– Access to your personal information:You can contact us to request the information we hold about you, as well as supplementary information such as why we have that information, who has access to the information and where we got the information.
– Withdrawing consent: If you have given us your consent to use your personal information, you can withdraw your consent at any time. This will not affect the lawfulness of our use of your information before you withdrew your consent. We only require your consent for the use of analytics technologies on the App, which, if refused, will mean you will be unable to provide services to Yodel using the App.
– Correction of your personal information: If the information we hold about you is out of date, incomplete or incorrect, you can ask us to update it. You can also update your information at any time by logging into your user account on the App.
– Erasure of your personal information: You can request that we erase the information we hold. When we receive your request, we will confirm whether the information has been deleted or tell you the reason why it cannot be deleted. For example, we may need to continue to hold your information if we need it for legal reasons or in connection with legal claims.
– Objection to processing your personal information:You have the right to request that we stop processing your information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. Upon receiving the request, we will contact you to tell you if we are able to comply or if we have legitimate grounds to continue – for example, we may need to continue to hold your information for regulatory or legal reasons. Please note that if you object to the collection and use of personal data by the App, this may result in you being unable to provide services to Yodel.
– Restriction: You can ask us to temporarily limit the use of your personal information, for example where you have questioned the accuracy of your information or how it is being used, but you do not want us to delete it. Please note that if you ask us to restrict the processing of your personal data in a way that inhibits the full functionality of the App, this may result in you being unable to provide services to Yodel.
– Portable data: You can ask us to provide you or a third party with some of the personal information that we hold about you in a structured, commonly used, electronic form, so it can be easily transferred.Once we have received your request, we will comply where it is feasible to do so.
Please note, some of these rights only apply in certain circumstances and we may not be able to fulfil every request. If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure.
You can make a complaint to us by contacting us at the details in Section 1aboveor to the data protection supervisory authority – in the UK, this is the ICO, at https://ico.org.uk/.
7. SHARING YOUR PERSONAL DATA
We may pass your information to the following third parties for limited purposes:
– other members of our group for administration or reporting purposes;
– technology service providers who provide IT support for the running of the App;
– third party processors engaged by us to assist with the processing and analysis of personal data collected on the App;
– customer service providers who work with us to assist you in providing services to us; and
– our IT contractors who help with the operation and support of the App.
Occasionally, we may need to disclose your personal information to third parties where necessary for the legitimate interests of our business or in order to comply with legal obligations, for example:
– in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
– if we have to disclose or share your personal information in order to comply with any legal obligation or request from a regulator or governmental agency, or to detect or prevent fraud or crime;
– with our professional advisers, including lawyers, bankers, auditors and insurers who provide various services to us; and
– to enforce or apply our App Ts&Cs or other agreements, to protect the rights, property or safety of our group, our customers or others, and in connection with legal claims.
8. INTERNATIONAL TRANSFERS
We may need to transfer your personal information to countries which are located outside the EEA and UK for the purpose of improving our service.
We will take all steps reasonably necessary to ensure that your personal information is handled securely and in accordance with this privacy notice and the relevant Data Protection Legislation. These include ensuring, where the country does not provide an adequate level of protection, that our overseas suppliers enter into a European Commission approved contract. Some US providers may also be certified under the EU-US Privacy Shield which confirms they have appropriate measures in place to ensure the protection of your personal information.
If you would like further information, please contact us at the details in Section 1above.
9. DATA SECURITY
Your use of the App
When you are using the App, you will have access to the personal data (including names and addresses) of parcel recipients. You should handle this information with utmost care and in compliance with your data processing obligations under your service agreement with Yodel.
In the event that you lose your device or otherwise disclose any of the personal data without authorisation, you must contact your allocated service centre manager immediately.
Your personal data held on the App
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, for any purposes.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
We have put in place procedures to deal with any suspected personal data breach involving the App and where this affects your data, we will notify you and any applicable regulator when we are legally required to do so.
If you would like any further information about our policies and procedures relating to the security of your personal data, please contact us using the details in Section 1above.
10. DATA RETENTION
We will not retain your personal information for any longer than is necessary for our purposes, including for the purposes of satisfying any legal, accounting or reporting requirements. If you would like further information, please contact us using the details in Section 1 above.
In some circumstances you can ask us to delete your data: see Section 6 above for further information.
In the event that you do not use the App for a period of thirty (30) days then we will treat your account as expired and access to your account will be disabled.
11. COOKIES AND SIMILAR TECHNOLOGIES
- Cookies Policy Document
We, Yodel Delivery Network Limited (“Yodel“, “we“, “us“) use certain technologies on our mobile application (the “App“) to collect, stores and access information about your device and your use of the App.
The purpose of this Policy is to provide you with information about the use of these technologies in connection with the App.
For some of these technologies, where they are considered non-essential to the functioning of the App, we will require your consent before we can use the information stored and accessed by the technologies. In particular, we require your consent to conduct analytics regarding your use of the App. This will be requested from you when you first download the App.
Please note that if you refuse or later withdraw your consent to allow us to use these technologies, this may result in you being unable to access the App, and therefore unable to provide services to Yodel.
We use the following technologies which store and access information about your use of the App and your device:
– Strictly necessary: Some of the technologies we use are strictly necessary for the operation of the App. These include technologies which allow you to login to secure areas of the App. We do not require your express consent to use these technologies.
– Performance / Analytics: This allows us to recognise you as a user and how you move around the App when you are using it. This helps us to improve the way the App works, for example, by helping us identify:
- design flaws in the App;
- where additional guidance and training on use of the App may be required;
- common causes for App faults;
- how we can continue to improve the functionality and efficiency of the App.
You can find more information about the individual technologies we use and the purposes for which we use them in the table below:
|Appsee is a third party analytics engine which collects login usernames, screenshots (with sensitive fields redacted); tracking events and App crash logs.
This is used to help us better understand how the App is used and to help us identify common flaws.
|AsyncStorage||Async storage is used to store data on the mobile application database. The data being stored includes tour data for supporting working offline and all messages that are pending to be sent to the backend application (tracking event data).||https://facebook.github.io/react-native/docs/asyncstorage|