Privacy Policy

1. 1. Definitions

   1. In this Privacy Policy, the following words and expressions shall have the meanings respectively assigned to them hereunder:

      “Data Protection Laws” means all applicable laws and regulations in any jurisdiction which relate to the collection, disclosure, use and/or Processing of Personal Data, including without limitation to the PDPA, including all amendments thereto and subsidiary legislation enacted thereunder, whether now or in the future.

      “PDPA”means the Personal Data Protection Act 2012 (No. 26 of 2012) of Singapore, including all amendments thereto and subsidiary legislation enacted thereunder, whether now or in the future.

      "Personal Data"means data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which a party has or is likely to have access.

      “Process” , in relation to Personal Data, means the carrying out of any operation or set of operations in relation to the Personal Data, including without limitation to recording, holding, organising, adapting, altering, modifying, retrieving, combining, transmitting, erasing, or destroying, and “Processing” shall be construed accordingly.

   2. Any capitalised term not defined herein shall have the meaning ascribed to them in the Agreement.

2. 2. Personal Data we collect about you

   1. We may collect the following Personal Data about you when you access or use the Platform and/or the Services, or when you register for an account on the Platform with us (“Account”):
      1. Account registration information. This is the Personal Data that is provided by you or collected by us to enable you to create, log into, and access your Account, the Platform and/or the Services. We may also use such Personal Data to verify your identity or contact you. This includes your name, a valid email address, your phone number ,restaurant name, company website URL/ social media handle , as well as your password.
      2. Services usage information. This can be Personal Data and other information that is collected about you when you are using the Platform and/or the Services, and this may include:
         1. Information about your interactions with the Platform and/or the Services, which includes the date and time of any information you enter into the Platform and/or use the Services. Such information may include the Orders that you had placed with a Merchant in the past.
         2. Technical data, which may include URL information, cookie data, web beacons and other tracking technology information, your IP address, the types of devices you are using to access or connect to our Platform, unique device IDs, device attributes, network connection type (e.g., Wi-Fi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system.
      3. Your location data. We may collect your location data to provide you with the Services (for example, delivering your Orders to you), as well as provide you with location-based and traffic-based products and services (for example, recommending Merchants nearby to you). Such information may include your home address or other delivery address, as well as your present location.
      4. Information from third parties. If you choose to link your account with, or otherwise access the Platform and/or the Services from third party accounts (for example, Facebook, Google, Instagram, Apple, LinkedIn, and other third party services as SpoonX may permit from time to time), we may collect your [username and public profile] for that third party account.

3. 3. How we may use your Personal Data

   1. We may collect, use, disclose and/or Process your Personal Data for any or all of the following purposes:
      1. To provide you with access to the Platform and the Services.
      2. To perform obligations in the course of or in connection with our provision of the Services requested by you.
      3. To process, administer, or manage your Account, to verify your identity and assess your suitability and/or eligibility for the Services.
      4. To respond to, handle, and process queries, requests, applications, complaints, and feedback from you.
      5. To manage your relationship with us.
      6. To contact you in order to provide you with information or services where required by law or that you request from us.
      7. To analyse and utilise Personal Data in order to present content and information on the Platform in the most suitable manner for users and the equipment and devices from which users view the Platform.
      8. To personalise or customise the content and services that we provide to you, including providing you with location-based or traffic-based services.
      9. To store, host and/or back up Personal Data for disaster recovery purposes, whether within or outside Singapore.
      10. To conduct research, analysis, and development activities (including but not limited to data analytics, surveys and/or profiling) to improve the Platform and/or the Services.
      11. To respond to any legal processes, pursue legal rights and remedies, and manage any complaints or claims.
      12. To respond to requests for information from public and governmental/regulatory authorities, statutory boards, and related companies and for audit, compliance, investigation and inspection purposes.
      13. To comply with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority, whether within or outside Singapore.
      14. To transmit to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes.
      15. To achieve any other incidental business purposes related to or in connection with the above.
   2. The purposes listed above may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter.

4. 4. With whom we may share your Personal Data

   1. You acknowledge and agree that Personal Data provided to us by you may be disclosed and/or transferred to the following third parties, and used or Processed by such third parties, whether within or outside Singapore, for the purposes set out above or otherwise permitted/ required by law:
      1. Our Affiliates. We may share your Personal Data with our affiliates to enable us to provide you with the Services.
      2. Service Providers. We use third party service providers to operate and maintain the Platform, store our data, and otherwise provide the Services. We may share your Personal Data with our service providers to provide you with access to and use of the Platform and/or the Services. For example,
         1. We use cloud service providers to host our data and the Platform.
         2. We use data analytics service providers to provide you with customised and tailored services.
         3. We may share your data with the Merchants for them to process your Orders.
         4. We may share your data with delivery service providers for them to deliver your Orders to you.
      3. Governmental and regulatory authorities. We may share your personal information with third parties, including law enforcement agencies and governmental or regulatory authorities, whether in Singapore or abroad, where required by applicable laws (including to respond to valid legal process such as a search warrant or a court order), where it is necessary in connection with the Platform and/or the Services or where we have another legitimate interest in doing so.
      4. Buyer or successor of our business. We may share your Personal Data with any buyer or successor in the event of a merger, reorganisation, dissolution, or other sale or transfer of title.
      5. Our advisors, including auditors and lawyers. We may share your Personal Data with or disclose your Personal Data to our advisors in the course of seeking professional advice.
   2. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter.
   3. Where we are required to transfer your Personal Data out of Singapore, we will ensure that the data recipient is bound by legally enforceable obligations (for example, by entering into data transfer agreements or agreements of a similar nature with the data recipient) to ensure that the Personal Data receives a comparable standard of protection as that which it would receive under the PDPA in Singapore.

5. 5. Cookies

   1. We use cookies on the Platform. A cookie is a text file for the Platform to remember who you are. Cookies only record those areas of the Platform that have been visited by you and for how long.
   2. You have the ability to accept or decline cookies by modifying the setting in your browser. However, you may not be able to use certain features of the Platform if cookies are disabled.

6. 6. Your rights and options regarding your Personal Data

   1. Withdrawing consent.
      1. You may withdraw your consent and request us to stop collecting, using, disclosing and/or Processing your Personal Data for any or all of the purposes listed above by submitting your request via email to our Data Protection Officer at the contact details provided above.
      2. Upon receipt of your written request to withdraw your consent, we may require a reasonable period of time to process and respond to your request.
      3. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing access to the Platform and/or the Services to you. We will, in such circumstances, notify you before completing the processing of your request.
      4. Please note that withdrawing consent does not affect our right to continue to collect, use, disclose or Process your Personal Data where such collection, use, disclosure, and Processing without consent is permitted or required under applicable laws.
   2. Accessing and Correcting your Personal Data
      1. If you wish to make:
         1. an access request for access to a copy of the Personal Data which we hold about you or information about the ways in which we had used or disclosed your Personal Data in the one (1) year prior to the date of your request, or
         2. a correction request to correct or update any of your Personal Data which we hold about you,

         you may submit your request via email to our Data Protection Officer at the contact details provided above.

      2. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
      3. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable laws).

7. 7. Protection of Personal Data

   1. We will take appropriate administrative, physical, and technical measures to safeguard your Personal Data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, and the loss of any storage medium or device on which Personal Data is stored.
   2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your Personal Data, and are constantly reviewing and enhancing our security measures. 

8. 8. Accuracy of Personal Data

   1. When you submit Personal Data through the Platform, you should ensure such Personal Data is accurate. You should also review your Personal Data from time to time and let us know if there are changes or updates to your Personal Data so that we do not hold any inaccurate Personal Data about you.
   2. You can review and update your Personal Data, or withdraw your consent for us to use your Personal Data at any time by contacting us at [tech@spoonx.com].

9. 9. How long do we retain your Personal Data

   1. We may retain your Personal Data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
   2. We will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.

10. 10. Third Party Links and Collection of Personal Data by Third Parties

    1. The Platform may from time to time, contain links to and from the websites of our affiliates, advertisers, or other third parties (“Third Party Websites”). Certain functions and features within the Platform (such as the payment function) may be provided by third parties (such as payment service providers) (such functions and features being“Third Party Services”). Third Party Websites and Third Party Services are operated by third parties (“Third Party Service Providers”). When you access or use such Third Party Services, or when you click on the link to Third Party Websites, your Personal Data may be collected directly by such Third Party Service Providers.
    2. As these Third Party Websites and Third Party Services are not owned or operated by us, we do not accept any responsibility or liability for such Third Party Websites and Third Party Service, or the collection of your Personal Data by such Third Party Service Providers. Your access to such Third Party Websites and Third Party Services, and provision of Personal Data to these Third Party Service Providers are entirely at your own risk. Please check the privacy policies that apply to such Third Party Websites and Third Party Services carefully before you provide any Personal Data to such Third Party Service Providers.
    3. By accessing or using Third Party Websites and/or Third Party Services, or providing your Personal Data to Third Party Service Providers, you acknowledge and agree that:
       1. you have read and understood such Third Party Service Provider's privacy policies, and consent to the collection, use, disclosure and/or Processing of your Personal Data by such Third Party Service Providers pursuant to their privacy policies;
       2. we do not control such Third Party Service Providers, and the manner in which and purposes for which your Personal Data may be collected, used, disclosed and/or Processed is determined solely by such Third Party Service Providers as data controllers (as defined under applicable Data Protection Laws); and
       3. to the maximum extent permissible by law, we shall not be liable for any liabilities, losses or damages that may be incurred by you as a result of your use of any Third Party Websites and/or Third Party Services, or the collection, use, disclosure and/or Processing of your Personal Data by any Third Party Service Providers.