These terms and conditions apply to the KFC Mobile application (the App). Please read this statement carefully. If you do not wish to be bound by these terms and conditions then you should not continue to use this App. The use of this app by you shall be considered as acceptance of these terms and conditions.
The App contains many of the valuable trademarks owned and used by Kentucky Fried Chicken Limited (KFC and We and Us) and its subsidiaries and affiliates throughout the world so as to distinguish its quality products and services. These trademarks and related proprietary rights are registered under national and international laws and thus protected and are not to be reproduced or copied without the express written permission of KFC. KFC strives to ensure that the information contained in this App is accurate and reliable. You should therefore take appropriate steps to verify that the information on this App is correct before acting upon it. To the fullest extent permissible pursuant to Mauritian Law, KFC disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to this App, including without limitation the availability of the App. KFC may from time to time revise the information, services and the resources contained in this App and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall KFC be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein. Any goods advertised, displayed or provided on this App are done so on an as is and if available basis and KFC expressly excludes any warranties, conditions, representations or other terms with respect to this App or the content or goods displayed on it, whether express or implied, unless expressly stated to the contrary. By visiting the App the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the App.
PRODUCT TERMS AND CONDITIONS
In these PRODUCT terms and conditions (Conditions) the following words and expressions shall have the following meanings:- the Customer, you, your: means you, the customer, who buys the Products from KFC; KFC, Our and We: means Pick N’ Eat Ltd, a franchisee of Kentucky Fried Chicken; the Products: means the products supplied by KFC to the Customer; the App: means the KFC mobile application.
1 Products
1.1 Displayed products are subject to change without prior notification.
1.2 All products ordered on KFC Mobile Application are meant to be consumed immediately. KFC products are not recommended for infants below 18 months. Chicken may contain bones that may be a choking hazard.
1.3 KFC reserves the right to withdraw or amend any item from its menu where it deemed fit.
2 Order and Acceptance
2.1 These Conditions shall apply to all orders and contracts for the supply of the Products by KFC to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing, otherwise they will not be binding on either party.
2.2 The acceptance of orders for the Products shall be at the entire discretion of KFC. Our acceptance of an order occurs when you receive an on-screen message confirming your order has been placed at which point, your contract with KFC is made and up until this point, We reserve the right to decline to provide you with the goods in case of major technical problem.
2.3 KFC Mobile Application full service is available between 10am to 8pm daily.
2.4 Special order requests are not available via KFC Mobile Application.
2.5 Payment can be made by Credit Card.
2.6 In the event that the user is under 18, he must have the consent of his legal guardian to make use of the application
3 Prices and Payment
3.1 Unless otherwise stated in writing the prices quoted by KFC on the App are inclusive of VAT and any other applicable taxes. Prices are effective immediately and subject to change without prior notification.
3.2 The price of the Products will be as quoted on the App at the time you confirm your order (by clicking on the pay now button) subject only to any inadvertent technical mistake which We shall not be liable for. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if We are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.3 You can pay by any of the methods listed within the App. Please make sure that if your order is placed using a credit card, such card is valid at the time of the order.
3.4 KFC wallet
Through the KFC wallet the customer may transfer money from his/her credit card to the KFC wallet; payment for KFC items can be made through the KFC wallet. The following conditions shall apply to the KFC wallet:
4 Non Collection of order
If you fail to collect your order from your selected store within 1 hour after placement of order, KFC reserves the right to discard the said order, without refund.In the event that a refund may be necessary, the refund will be made to the credit Card or the other method of payment used on the App to place the order within 14 days of the cancellation being made.
5 Collection
5.1 The Customer agrees to attend the outlet selected during the ordering process to collect their ordered Products.
5.2 We will only begin to prepare your ordered Products at the selected outlet when you have notified us of your arrival over the counter. No products shall be delivered via Drive Through window.
5.3 Preparation of orders for large quantities of Products are at the discretion of the KFC from which you are ordering and may cause delay in the fulfillment of your order.
5.4 Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or you will be informed at the counter that your ordered products are not available and to ask you if you would like to order something else.
5.5 upon delivery a paper receipt will be given to the customer as evidence of delivery.
6 Promotions
From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but We will honour any order placed by you before the offer is withdrawn subject to manifest technical errors. All deals valid within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
7 Limitation of Liability
7.1 To the fullest extent permitted by law, KFC excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which KFC had no control of the consequences and which KFC could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.
7.2 In any event, KFC's liability to the Customer will not exceed the total price charged for the relevant items.
DATA COLLECTION AND STORAGE POLICY
Personal Information shall mean any information about an individual who can be identified from that information or from that information and other information to which KFC has or is likely have access, including without limitation, information such as name, address, telephone number, e-mail address, credit card details and any other personal information.
In compliance with the requirement of the Data Protection Act 2017, any personal information and data provided by the client to the Company and used by KFC directly or indirectly in the performance of this Agreement shall remain at all times the property of the client.
It shall be identified, clearly marked and recorded as such by KFC on all transactions and in all documentation.
KFC shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the client’s data and information.
When using the App or by purchasing our products, the client accepts, consents and agrees to the terms and conditions of this Policy. The Client may at any time withdraw his consent with regard to the collection, use or disclosure of your Personal Information as stated in this Policy. KFC shall take reasonable steps to ensure that the client’s personal Information be removed by its database.
Use of Personal data in direct marketing
3 Access, Accuracy and Security
KFC will take reasonable steps to ensure that the personal information collected is reasonably accurate, complete and up-to-date. We will take reasonable steps to protect personal information from misuse, loss and unauthorised access, collection, use, modification or disclosure.
The user is in control of any personal information you provide to us online. If at any time, he/she wishes to correct the personal information KFC holds in its database to change their preferences regarding contacts details from us or on behalf of our business partners, he/she wishes to contact us at the email or postal address listed below.
In order to review any personal information we have about the user or to ask us to delete that information or to stop further use of the information, please send to pickneat.kfc@eclosia.com
How to Contact Us
If the user have any questions about this Policy, if the user wishes to withdraw his/her consent for our proposed collection, use and disclosure of your Personal Information as stated above, or if the user wishes to stop receiving any communications from us, please contact us at:
KFC Excellence Support Centre
Pick N Eat Ltd
Gentilly Branch Road, Moka
Mauritius
LAW
These terms and conditions are governed by the laws of Mauritius and the user agrees that the Mauritian courts shall have exclusive jurisdiction in any dispute. This App is intended for use only by persons who access it from within Mauritius island (excluding Rodrigues Island and its neighboring islands). Goods advertised, displayed or provided on this App are available only to residents of (or companies incorporated in) Mauritius Island. We make no representation that any material contained on this App is appropriate for any other jurisdiction.
KFC name, design and related marks are trademarks of Kentucky Fried Chicken Ltd. © 2018 Kentucky Fried Chicken, all rights reserved.
We respect the privacy of everyone to whom we provide our products and services. As a result, we would like to inform you regarding the way we would use your personal data. We recommend you read this Privacy Notice so that you understand our approach towards the use of your personal data. By submitting your personal data to us, you will be treated as having given your permission – where necessary and appropriate – for disclosures referred to in this Notice. You will be asked to acknowledge that you have reviewed the terms of this Privacy Notice and explicitly agree that we may collect, use and transfer your personal data in accordance therewith.
This Privacy Notice forms part of our Terms and Conditions of use and such shall be governed by and construed in accordance with the relevant laws. This Privacy Notice explains how we obtain, use and disclose your personal data, as is required by the European Union General Data Protection Regulation (hereafter the “GDPR”) and the Data Protection Act 2017 (hereafter the “DPA”). Pick ‘N’ Eat Ltd is committed to protecting your privacy impact and to ensure that your personal data is collected and used properly, lawfully and openly.
Pick ‘N’ Eat Ltd was created back in 1983 and operates since then the KFC brand in Mauritius. It is the most widespread fast food chain in Mauritius. Convivial atmosphere, unique and savoury recipes based on real pieces of chicken prepared on the spot, uncompromising on quality and food hygiene are the promises made to the customer. With over twenty restaurants throughout the island, KFC is one of the most favoured meeting spots of Mauritians.
We, as data controller, are responsible for deciding how we hold and use personal data about you. We are required under the GDPR and the DPA to notify you of the information contained in this Privacy Notice.
We collect and process your personal data mainly for full functionality of the App, to provide you with access to our services and products, to help us improve our offers to you, to support our contractual relationship with you and for certain other purposes explained below. The type of data we collect will depend on the purpose for which it is collected and used. We will only collect data that we need for that purpose.
We collect data directly from you where you provide us with your personal details, for example when you install our App on your device and when you create your account. Where possible, we will inform you what data you are required to provide to us and what data is optional.
The types of personal data that are collected and processed may include, but are not limited to:
|
Categories of Personal Data: |
Details: |
|
Contact details |
First name, surname, username, postal address, email address, cell phone number, user current location, mobile device ID |
|
Individual details |
Sex (male/female), date of birth |
|
Identification details |
Identity card number, phone status and identity |
|
Financial information |
Credit card details and KFC wallet details |
We may automatically collect non-personal data such as service configuration. You cannot be identified from this data and it is only used to assist us in providing an effective service on this App.
For features of the app to function properly, we will require permissions for reasons as follows:
|
Categories of Personal Data: |
Details: |
|
Contact details |
First name, surname, username, postal address, email address, cell phone number, user current location, mobile device ID |
|
Individual details |
Sex (male/female), date of birth |
|
Identification details |
Identity card number, phone status and identity |
|
Financial information |
Credit card details and KFC wallet details |
We may automatically collect non-personal data such as service configuration. You cannot be identified from this data and it is only used to assist us in providing an effective service on this App.
For features of the app to function properly, we will require permissions for reasons as follows:
|
Permission |
Personal data collected |
Reasons |
|
Camera |
None |
We use the Camera for the Augmented reality feature |
|
Location |
Actual location (GPS and network based) |
Suggest to you the nearest KFC outlet based on your actual location |
|
Device ID |
Device ID |
1. To confirm and verify your identity or to create an account for you on the App; 2. To collect data about the device you are using to accede to the App, such as your mobile device ID, and link this to your personal data for security purposes. |
|
Storage |
SD card contents |
Some Images are cached to enable a faster loading time |
|
Other permissions |
Network access; Vibration control; Network and Wi-Fi connections; Network access; Toggle sync. |
Application need to check that there is an active Internet connection to ensure that prices and transactions are not cached and showing real values. |
We will also use your personal data only for the purposes for which it was collected or agreed with you, for instance:
We may disclose your personal data to our business partners who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with these privacy terms.
We may share your personal data with, and obtain data about you from:
We may also disclose your data:
The third parties to whom we may disclose your personal data may be located outside of Mauritius. Those transfers would always be made in compliance with the GDPR and the DPA.
If you would like further details of how your personal data would be protected if transferred outside of Mauritius, please contact our Data Protection Committee (hereafter the “DPC”) by referring to section 11.
We are legally obliged to provide adequate protection for the personal data we hold and to stop unauthorised access and use of personal data. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal data is secure.
Our security policies and procedures cover:
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal data that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal data agrees to treat your data with the same level of protection as we are obliged to.
Under the GDPR/DPA, you have rights we need to make you aware of. The rights available to you depend on our reason for processing your information.
You may withdraw your consent as regards the disclosure & processing of your personal data for any particular purposes at any time. Should you avail yourself of this right, you will need to notify our DPC in writing using the details set out in section 11.
If you withdraw your consent, we may not be able to provide you with certain services and you will be informed accordingly. However, notwithstanding the withdrawal of your consent, your personal data may still be processed by us in the performance of our statutory duties.
You may also disable access for our App permissions any time by changing relevant settings on your device. Nonetheless, this may affect proper functioning of certain features of the App.
You have the right to ask us to delete your personal data in certain circumstances:
Where we collect personal data for a specific purpose, we will not keep it for longer than is necessary to fulfil that purpose, unless we have to keep it for legitimate business or legal reasons. Your personal data will normally be deleted or destroyed in accordance with their respective retention periods as indicated in Appendix A’s Records Retention and Disposal Schedule. In order to protect data from accidental or malicious destruction, when we delete data from our services, we may not immediately delete data from our backup systems, which are automatically overwritten after one year.
You have the right to request a copy of the personal data we hold about you. To do this, simply contact our DPC (refer to section 11) and specify what data you would like. We will take all reasonable steps to confirm your identity before providing details of your personal data.
You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
You have the right to ask us to update or correct your personal data if you think it is inaccurate or incomplete. We will take all reasonable steps to confirm your identity before making changes to personal data we may hold about you. We would appreciate it if you would take the necessary steps to keep your personal data accurate and up-to-date by editing your profile on the App or by notifying us of any changes we need to be aware of.
You have the right to ask us to limit how we use your data. If necessary, you may also stop us from deleting your data. To exercise your right to restriction, simply contact our DPC (refer to section 11), say what data you want restricted and state your reasons. You may request us to restrict processing of your personal data in the following circumstances:
You also have the right to object to us processing your personal data where your data is being used:
You should contact our DPC (refer to section 11) to inform that you are objecting to any more processing of your personal data and state in your objection why you believe we should stop using your data in this way. Unless we believe we have strong legitimate reasons to continue using your data in spite of your objections, we will stop processing your data as per the objection raised.
The right to data portability allows you to ask for transfer of your personal data from one organisation to another, or to you. The right only applies if we are processing information based on your consent or performance of a contract with you, and the processing is automated. You can exercise this right with respect to information you have given us by contacting our DPC (refer to section 11). We will ensure that your data is provided in a way that is accessible and machine-readable.
Personal data is any data from which you can be identified and which relates to you.
This Privacy Notice may be updated from time to time: this version is dated [INSERT DATE].
We have appointed a DPC to oversee compliance with and questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us using the details set out below:
|
Name of member of the DPC |
||
|
Nicolas Caboche |
ncaboche.kfc@eclosia.com |
|
|
Roshan Meetoo |
RMeetoo.kfc@eclosia.com |
|
|
Annabelle Fanchette |
afanchette.kfc@eclosia.com |
|
|
Abdullah Motala |
amotala.kfc@eclosia.com |
|
|
Caroline Deville |
cbulabois.kfc@eclosia.com |
|
|
David Botte |
dbotte.kfc@eclosia.com |
You have the right to complain to the supervisory authority if you believe we have not handled your request in an appropriate manner.
| Categories of Personal Data | Details | Retention period | Start of retention period |
| Contact details | First name, surname, user name, postal address, email address, cell phone number, user current location, mobile device ID |
7 years | 1st Sep 19 |
| Individual details | Sex (male/female), date of birth, SD card contents |
7 years | 1st Sep 19 |
| Identification details | Identity card number, phone status and identity |
7 years | 1st Sep 19 |
| Financial information s | Credit card details and KFC wallet details | 7 years | 1st Sep 19 |