The Privacy Policy is published on:03/07/2024
Dear Yammys user (hereinafter referred to as“You”)
NEXGO Global Limited, a company duly organized and existing under the Laws of Hong Kong with its business address at Unit 1712/F, Tuen Mun Central Square, 22hoi Wing Road, Tuen Mun New Territories, Hong Kong (collectively, “NEXGO”, “we”, us”, and“our”) . We value the privacy of our users and attach great importance to your Personal Information. We will protect Your Personal Information and privacy in accordance with applicable laws and regulations.
Please read and understand the Yammys Privacy Policy (the “Policy’) before using our product or service and make Your own choice. If You do not agree with the content of this Policy, we will not be able to provide You with the full range of products or services, whereupon You shall stop using Yammys and related services immediately. BY YOUR DOWNLOADING, USING, REGISTERING, OR ACCESSING YAMMYS, YOU ARE DEEMED TO HAVE FULLY AND COMPLETELY READ AND UNDERSTOOD ALL OF THIS POLICY AND AGREE THAT WE COLLECT, USE, STORE AND PROVIDE YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY SO THAT YOU CAN ENJOY HIGH-QUALITY AND CONVENIENT SERVICES.
1.1 Definition
Personal Data (or “Personal Information”) and Sensitive User Data include but not limited to, personal identifiable information, name, date of birth, ID number, personal biometrics information, track record, residential information, address, correspondence contact, account password, financial and payment information, bank account, transaction information, authentication information, phone book, address book, device location information, SMS and call-related data, health data, lists of other applications on the device, microphone data, camera data, and other sensitive equipment or usage data. By contrast, Non-Personal Data refers to data that does not fall within the above-mentioned scope.
Yammys (the “Product”) is a business-oriented integrated smart restaurant SaaS system, Yammys is developed solely for the commercial use of processing food orders, check out, order management, membership management, menu management, printer and other functions. We will not collect Your information for the purpose of obtaining Personal Data. However, in order to realize the basic functions of Yammys, necessary data and information will be collected by us, which may contain Your Personal Data. If You refuse to provide necessary data and information to us, some of the functions may be affected accordingly.
If You are creating an account or using the services on behalf of a business, You agree that You accept these terms based on required authority to enter into the Policy on behalf of the business, and will be bound by the Policy.
1.2 The Personal Data Collected and Used Under Your Consent
(1)Create Accounts
When using Yammys, You need to provide Your phone number to create a business account or employee account. If You do not provide Your phone number, You may not be able to complete the registration.
To verify the source and integrity of Your Information, we may check with the Government Authority or Financial Institution which legally retains Your Information, including information about You and Your business, including but not limited to Your name, the name of Your employee or other individuals associated with Your business, company name, address, email address, and phone number.
(2) Create Orders
When You enter the Product and submit the order as a consumer, You can choose to be identified as “Member” or “Guest”. In order to submit the order, we need to collect Your phone number with Your consent; we may further collect the name, gender, date of birth and address of the“Member”for the purpose of creating a Member Account.
(3) Payment of Orders
We receive payment information when You use JL Pay or make a payment through our services, such as Your payment card number and expiration date.
You can also choose a third-party payment method to complete the order payment, this act may redirect You to third party services, Yammys doesn't own or control these third parties. When You interact with these third parties and choose to use their services, Your use is subject to the privacy policies of those providers.
(4) Password Recovery
In order to ensure the security of Your account and funds, when You need to retrieve the password, You need to provide Your authentication information, such as phone number and verification code to verify Your identity.
(5) Safety Management
In order to ensure the safe and stable operation of the services provided to You, and to prevent transaction and financial risks, we need to record the type of service You are using, mode and device model, IP address, device software version information, device identifier, location, and other log information related to the Yammys service. If You do not agree to our recording of the above information (or choose not to anytime), we may not be able to optimize the safety or stability of our services.
1.3 The Personal Data that We Ask for Your Separate Consent to Collect and Use
The following functions and the corresponding Personal Information to be collected and used are optional, when you first choose to use these functions, there will be a separate pop-up Reminder so you may give a separate consent to use these functions. If you do not consent to use these functions, it will not affect the use of the other basic functions listed in 1.2 of this Policy.
(1) Printing
To ensure that the printing function is implemented correctly, we need to record Your device status information, if You do not provide this information, we will not be able to ensure the smoothness of printing,but it will not affect Your ability to use the other basic functions of the ordering system.
(2) Scanning of the QR Code
When You scan the payment QR code to make the payment or scan the membership code to login with the membership account, we need to access the camera of Your device, if You do not consent to our access, You may not be able to use the scan code payment or membership code login function, but it will not affect other ways to complete payment or membership login.
(3) Modify the Picture
When You modify the goods’ picture, You need to upload the photos in the photo album of Your device, we need to access the storage and photo album of Your device, if You do not consent to our access, You may not be able to use the function of modifying the goods’ picture, but it will not affect the use of other services we provide.
(4) Audio Broadcasting
When You use the transaction audio notification, we need to access Your microphone, if You do not agree with the access, You may not be able to use the transaction audio notification, but it will not affect the use of our other services.
When You choose to consent to receive marketing and advertising information, we may use Your SMS data for conduct marketing and advertising. If You do not consent or withdraw Your consent, You may not be able to use said functions, but it will not affect the use of our other services.
1.4 Other Data Generated During Your Use of Our Products and Services
When You use our Product and services, our Product may automatically gather the following information through software development kits (“SDK”) YAMMYS SDK Annex.html or other means:
(1) Log Information
When You use our services, the Product may automatically collect technical information, including: device or software information, hardware model, software version information, operating system and version, Your IP address, Your location, mobile network information, device manufacturer, device model, carrier, IMEI, MAC address, software installation list. We do not associate permanent device information (in this case, it means IMEI) with other personal or sensitive data, except for necessary enterprise device management applications that run in device owner mode, in which case, You hereby consent to our above-mentioned practice.
(2) Location Information
To make sure Your account and access environment is secure, we collect information about Your location when You turn on the device location feature and use our location-based services. For example, when You use our services via a location-enabled mobile device, we collect Your location information through such means as GPS or WI-FI/4G network. We collect the above information every time You use our Products and services. You can stop our collection of Your location information at any time by turning off the location feature.
(3) Equipment Information
In order to ensure the normal operation of the basic function, guarantee the stability and security of the system when You use our service, and to prevent Your Personal Information from being illegally obtained, we need to collect Your device information such as device model, device MAC address, operating system and software version, device status, network status, advertising identifier IDFV information), log information, IP address, location information to determine risks associated with Your account, we also collect information about Your device to analyze problems with the Yammys system, calculate traffic, and monitor possible risks when You choose to send us unusual information. If You choose not to provide this information, we may not be able to optimize Your service and account security while You are using the Yammys.
If You do not agree to the collection of the above-mentioned information by the third-party service providers, You may not be able to access the relevant services, but it does not affect Your normal use of other functions or services.
In addition, third parties may provide You with services through Yammys. When You go to the service page operated by the third party, please note that the relevant services are provided to You by the third party provider. When it comes to the third party collecting Personal Data and Sensitive User Data from You, please carefully review the privacy policies of said third parties. If You agree to any third party to collect the Your data and leads to a data breach, that third party shall be liable.
1.5 How We Use Your Personal Data
(1) In accordance with this Policy and for the purpose of implementing our Product and services;
(2) To ensure service stability and security, we will use Your data for authentication, security, fraud detection, prevention or prohibition of illegal activities, risk reduction, archiving and backup purposes;
(3) We do not publicly disclose any Personal Data or Sensitive User Data related to finance, payment activities, we do not collect government-provided ID numbers, we prohibit the unauthorized release or disclosure of other people's private contact information, unless such disclosure is required by applicable legal mandates;
(4) We conduct statistics on the use of our Products and services and may share these statistics with the public or third parties to show the overall usage trends of our Products and services, however, these statistics do not contain any identification information of You;
(5) When we intend to use Your Personal Information for other purposes that not specified in this Policy, or when information collected for specific purposes is used for other purposes, we will be in accordance with laws and regulations and national standards and the specific scenario of the text to seek Your consent;
(6) Comply with the laws, regulations and regulatory requirements of Your country/region and ours.
1.6 How We Use Cookies and Similar Techniques
To make it easier for You, we may identify You with a small data file when You use Yammys and related services. Doing so will save You the trouble of having to re-enter Your registration information, or to help determine the security status of Your account. These data files may be Cookies, Flash Cookies, or other local storage provided by Your browser or associated application (Collectively, the “Cookies”). Please understand that some of our services can only be implemented using Cookies. If Your browser or browser add-on service allows it, You can modify Cookie acceptance or reject Cookies for Yammys. The “Help” section in most browser toolbars tells You how to prevent Your browser from accepting new Cookies, how to get Your browser to notify You when You receive a new Cookie, or how to turn off Cookies completely. In addition, You can turn off or remove Flash Cookies and similar data used by browser add-ons by changing their settings, or by visiting the provider's web page. But this change may in some cases affect Your ability to safely access our sites and use our services.
2 .How We Share Your Personal Data
We do not share Personal Data with other companies, organizations, and individuals unless one of the following circumstances applies:
(5) In certain situations, we may be required to use and disclose Your information (including Personal Information) to a third party if we believe the disclosure is reasonably necessary:
3.1 Data Cross-Border Transfer
We operate in many countries, and we (or our service providers) may move Your data and process it outside the country/region of Your residence. Specifically, Yammys hosts data with Service in Hong Kong. The servers on which personal information is stored are kept in a controlled environment.
If You are an European Union (EU) resident, This means that Your information may be transferred outside of the EU. Where Your Personal Information is transferred outside the EU, it will only be transferred to countries that have been deemed to provide adequate protection for EU information (Adequacy Decision Countries), or to a third party where we have approved transfer mechanisms in place to protect Your Personal Information – i.e., European Commission’s Standard Contractual Clauses.
3.2 Our Data Protection Measures Concerning Sharing, Use, And Retention of Your Personal Data
(1) Reasonable and necessary measures. We will take all reasonable and necessary measures to protect Your information after collecting it. For example, in a technology development environment, we use only de-identified information for statistical analysis; when we provide research reports, we de-identify the information contained in the reports. We store the de-identified information separately from the information that can be used to identify the individual, ensuring that the individual is not re-identified in subsequent processing of the de-identified information. When sharing Your Personal Data with third parties pursuant to this Policy, we ensure that there is strict contractual mechanisms or other measures equivalent thereof to protect the privacy and security of Your Personal Data.
(6) After You stop using our service, we will stop collecting Your information and will delete or anonymize Your Personal Information, however, if the relevant Personal Information has not expired in accordance with the retention period or other circumstances that are not suitable for deletion as stipulated by laws and regulations, we will handle it in accordance with the provisions of laws and regulations.
4.1 Your Privacy Rights
We take Your concerns about Your Personal Information very seriously and honor Your rights to access, correct, delete, and revoke Your consent to Your Personal Information, so that You have the full autonomy as to Your privacy and data security. If You are an individual who interacts with a Customer using our Services, for instance, if You’re an employee or consumer of a food store, the business is the controller of Your data and You should contact it directly (e.g. the owner or manager of the retail store) for assistance with any requests or questions relating to Your data.
Your privacy rights include:
(2) Delete Your Personal Information if
If we decide to respond to Your request for deletion, we will also notify the entity that has obtained Your Personal Information from us and require it to be deleted in a timely manner, unless otherwise provided by law and regulations, or these entities obtain Your independent authorization. When You remove information from our service, we may not immediately back up the system to remove the information, but we will delete the information when the backup updates;
(3) Change the scope of Your consent;
(4) Cancel Your account;
(5) Get a copy of Your Personal Information;
4.2 Data Retention
We securely store Your information and hold it only for as long as we need to provide our services to You in accordance with the time-frame set out in any relevant contract You have with us or our clients, to the extent not in conflict with any applicable laws and regulations
We will need to retain the minimum amount of information about You so that we can ensure to meet Your request and the requirements of applicable laws and regulations. Please note and You acknowledge that if You ask us to completely remove all information about You, and You subsequently use our Products and services, we will no longer be able to recognize Your previous request.
We do not provide services directed to individuals under 16 years old. We do not knowingly collect Personal Information from children under 16. If we become aware that a child under 16 has provided us with Personal Information, we will take steps to delete such information. If You know that a child has provided us with Personal Information, please contact us.
In order to provide You with better services, this Policy will be updated from time to time. When there is a significant change in this Policy, we will take the pop-up Reminder, message push, email notification and other means to inform You in a timely manner.
7. Application
All services of Yammys are subject to this Policy. If You are using third party products or service while using Yammys, because said third party products or services are not subject to this Policy, we advice You carefully review the privacy policies or agreements of third parties. If You find risks in using third party products or services, please stop using them to protect Your rights.
8.1 The establishment, enforcement, performance, interpretation and dispute settlement of this Policy shall be governed by the laws of Hong Kong, excluding the conflict laws.
8.2 Any dispute arising from or in connection with this Policy shall be submitted to Hong Kong International Arbitration Centre (“HKIAC”) and be settled by final and binding arbitration in accordance with the Arbitration Rules of HKIAC in effect at the time of applying for arbitration. The number of arbitrators shall be three and the arbitration proceeding shall be conducted in English.
8.3 In the event that any provision of the Policy is determined by a court or tribunal of competent jurisdiction to be illegal, invalid or otherwise unenforceable, under applicable law, such provision shall be deemed severed from this Policy, and all remaining provisions shall remain binding, enforceable, and in full force and effect.
9. How To Contact Us
9.1 If You have any questions about this policy or any claims, requests, complaints or opinions about Your Personal Information processing, please contact our personal information protection officer. Email: jlxbks@xgd.com.
9.2 After we receive Your questions, we will verify Your identity first and Your feedback will be reply within 15 working days.