MAX Privacy & Data Protection Policy

The following document outlines the privacy policy of Metro Africa Xpress and its subsidiaries (MAX) in connection with the use of its websites, services, content, products, mobile applications (“together, the Services”).  Before using any of the MAX Services, you are required to read, understand, and agree to these terms. By clicking “accept” you agree that you have read, understood, and accepted the terms and the privacy policy and you hereby grant consent to MAX to process your data.

1. Introduction

When you use MAX’s services you trust us with your information. We are committed to keeping that trust. That starts with helping you understand our privacy practices. This policy describes the information we collect, how it is used and shared, and your choices regarding this information.

Last Modified: Last modified on May 31, 2021

Effective Date: May 31, 2021

2. Data Collections and Uses

2.1 Scope

This policy applies to users of MAX’s Services in Nigeria and beyond. It describes how MAX and its affiliates collect and use personal information to provide its Services. This policy applies to all users of our apps, websites, features, or other services anywhere in Nigeria and beyond unless covered by a separate privacy policy. This policy specifically applies to:

1. Riders: users who request or receive transportation
2. Drivers: users who provide transportation individually or through partner transportation companies
3. Delivery Recipients: users who request deliveries of food or other itemsDelivery
4. Partners: users who provide delivery services

This policy also applies to those who provide information to MAX in connection with an application to use our Services, or whose information MAX otherwise receives in connection with its Services. All those subject to this policy are referred to as “users” for purposes of this policy. The practices described in this policy are subject to applicable laws in the places in which we operate. This means that we only engage in the practices described in this policy in a particular country or region if permitted under the laws of those places. Please contact us if you have questions about our practices

2.2 Data Controller

MAX provides the Services to users in Nigeria and beyond. The data controller for the information you provide or that is collected by MAX or its affiliates is:

MAX Last-Mile Delivery Services Limited 
25b, Bisola Durosinmi Etti, Lekki Phase 1, Lagos

3 . Data Protection Officers

Questions, comments and complaints about MAX's data practices can be submitted to MAX's data protection officer through support@max.ng

3. The Information We Collect

3.1 MAX collects

1. Information that you provide to it such as when you create your user account.
2. Information created when you use our services, such as location, usage and device information.
3. Delivery Recipients: users who request deliveries of food or other items
4. Information from other sources, such as our partners and third parties that use the company’s APIs.

3.1.1 MAX collects

a. User profile: We collect information when you create or update your user account. This may include your name, email, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers such as, driver’s license or passport if required by law, birth date, photo and signature. This also includes the preferences and settings that you enable for the Company account.

b. Background check information: We may collect background check information if you sign up to use MAX’s Services as a driver or delivery partner. This may include information such as your driver history. This information may be collected by a vendor on MAX’s behalf.

c. Demographic data: We may collect demographic information about you, including through user surveys. In some countries, we may also receive demographic information about you from third parties.

d. User Content: We may collect information that you submit when you contact The Company customer support, provide ratings or compliments for other users, or otherwise contact The Company.

3.1.2 Information created when you use our services

a. Location Information

Depending on the Services that you use, and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WIFI.

If you are a driver or delivery partner, MAX collects location information when the MAX app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device.

If you are a rider and have provided permission for the processing of location data, MAX collects location information when the MAX app is running in the foreground. In certain regions, MAX also collects this information when the MAX app is running in the background of your device if this collection is enabled through your app settings or device permissions.

Riders and delivery recipients may use the MAX app without enabling the MAX app to collect their location information. However, this may affect the functionality available on your app. For example, if you do not enable MAX to collect your location information, you will have to manually enter your pickup address. In addition, location information will be collected from the driver during your trip and linked to your account, even if you have not enabled MAX to collect your location information.

b. Transaction Information

We collect transaction details related to your use of our Services, including the type of services you requested or provided, your order details, delivery information, date and time the Service was provided, amount charged, distance travelled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.

c. Usage information

We collect information about how you interact with our Services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our Services. In some cases, we collect this information through cookies, pixel tags, and similar technologies that create and maintain unique identifiers.

d. Device Information

We may collect information about the devices you use to access our Services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.

e. Communications data

We enable users to communicate with each other and the company through the MAX apps, websites, and other Services. For example, we enable drivers and riders, and delivery partners and recipients, to call or text each other. To provide this service, MAX receives some information regarding the calls or texts, including the date and time of the call/text, and the content of the communications. MAX may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services and for analytics.

3.1.3 Information from other sources like;

(a). User feedback, such as ratings or compliments.
(b). Users providing your information in connection with referral programs.
(c). Users requesting services for or on your behalf.
(d). Users or others providing information in connection with claims or disputes.
(e). MAX’s business partners through which you create or access your account, such as payment providers, social media services, on-demand music services, or apps or websites who use MAX’s APIs or whose API, MAX uses.
(f). Insurance providers (if you are a driver or delivery partner).
(g). Financial services providers (if you are a driver or delivery partner).
(h). Partner transportation companies (if you are a driver who uses our services through an account associated with such a company).The owner of the company for business or the company family profile that you use.
(i). Publicly available sources.
(j). Marketing service providers.

MAX may combine the information collected from these sources with other information in its possession.

4. How We Use Your Information

4.1 MAX collects and uses the information to enable reliable and convenient transportation, delivery and other products and services. MAX uses the information it collects for purposes including:

4.1.1 Providing services and features

MAX uses the information we collect to provide, personalize, maintain and improve our products and services. This includes using the information to:

1. Create and update your account.
2. Verify your identity.
3. Enable transportation, deliveries, and other services. This includes automated processing of your information to enable dynamic pricing in which the price of a ride is determined based on constantly varying factors such as the estimated time and distance of the predicted route, estimated traffic, and the number of riders and drivers using the service at a given moment.
4. Process or facilitate payments for those services.
5. Offer, obtain, provide or facilitate insurance or financing solutions in connection with our Services.
6. To track the progress of your ride or delivery.
7. Enable features that allow you to share information with other people, such as when you submit a compliment about a driver, refer a friend to MAX, split fares, or share your ETA.
8. Enable features to personalize your account, such as creating bookmarks for your favourite places, and enabling quick access to previous destinations.
9. Perform internal operations necessary to provide our services, including troubleshooting software bugs and operational problems, conducting data analysis, testing, and research, and monitoring and analyze usage and activity trends.

4.1.2 Safety and security

We use your data to help maintain the safety, security and integrity of our services and users. This includes, for example:

1. Screening drivers and delivery partners prior to enabling their use of our services and at subsequent intervals, including thorough reviews of background checks, where permitted by law, to prevent the use of our Services by unsafe drivers.
2. Using information from drivers’ devices to identify unsafe driving behaviour such as speeding or harsh braking and acceleration, and to raise awareness among drivers regarding such behaviours.
3. Using the device, location, profile, usage and other information to prevent, detect and combat fraud or unsafe activities.
4. Using user ratings to encourage improvement by affected users, and as grounds for deactivating users with ratings below a certain minimum as may be required in their region. Calculation and deactivation may be done through an automated decision-making process.

4.1.3 Customer support

MAX uses the information it collects (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to

1. Direct your questions to the appropriate customer support person.
2. Investigate and address your concerns.
3.Monitor and improve our customer support responses.

4.1.4 Research and development

We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our Services, develop new features and products, and facilitate insurance and finance solutions in connection with our Services

4.1.5 Communications among users

MAX uses the information we collect to enable communications between our users. For example, a driver may text or call a rider to confirm a pickup location, or a delivery partner may call a delivery recipient with information about their order.

4.1.6 Communications from us

MAX may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events. We may use the information to promote and process contests and fulfill any related awards and serve you relevant ads and content about our services and those of our business partners. You may receive some of these communications based on your profile as a user. We may also use the information to inform you about elections, ballots, referenda and other policy processes that relate to our Services.

4.1.7 Legal proceedings and requirements

We may use the information we collect to investigate or address claims or disputes relating to your use of our Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

5. Cookies and Third-Party Technologies

MAX and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy. Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. We use cookies and similar technologies for purposes such as:

1. Authenticating users.
2.Remembering user preferences and settings.
3. Determining the popularity of content.Delivering and measuring the effectiveness of advertising campaigns.
4. Analyzing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our Services. We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our services, as well as when you visit other online sites and services.

6. Information Sharing and Disclosure

6.1 We may share the information we collect:

6.1.1 With other users

If you are a driver or delivery partner, we may share information with your rider(s) including name and photo; vehicle make, license plate; location; average rating provided by riders; the total number of trips; for how long you have been using the MAX app; and contact information). If you choose to complete a driver profile, we may also share any information associated with that profile, including information that you submit and compliments that past rider has submitted about you. The rider/delivery recipient will also receive a receipt containing information such as a breakdown of amounts charged, your first name, photo, and a map of the route you took.

6.1.2 At your request

This includes sharing your information with:

(a). Other people at your request. For example, we may share your ETA and location with a friend at your request, or your trip information when you split a fare with a friend.
(b). Our business partners. For example, if you requested a service through a partnership or promotional offering made by a third party, we may share your information with those third parties. This may include, for example, other apps or websites that integrate with our APIs, vehicle suppliers, or services, or those with an API or service with which we integrate, or business partners with whom we may partner with to deliver a promotion, a contest or a specialized service.
(c). With the general public when you submit content to a public forum. We love hearing from our users, including through public forums such as our blogs, social media, and certain features on our network. When you communicate with us through those channels, your communications may be viewable by the public.
(d). With the owner of the accounts that you may use. If you use a profile associated with another party, we may share your trip information with the owner of that profile. This occurs, for example, if you are; (a) a rider using your employer’s account for a business profile, or taking trips arranged through the company’s central account; or (b) a rider who takes a trip arranged by a friend or under a Family Profile.

6.1.3 With our affiliates

We share information with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf.

6.1.4 With our service providers and business partners

We may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:

1. Payment processors and facilitators.
2. Background check providers (drivers and delivery partners only).
3.Cloud storage providers.
4. Marketing partners and marketing platform providers.
5. Data analytics providers.
6. Research partners, including those performing surveys or research projects in partnership with us or on our behalf.
7. Vendors that assist us to enhance the safety and security of our Services.
8. Consultants, lawyers, accountants and other professional service providers.Fleet partners.
9. Insurance and financing partners.
10. Vehicle solution vendors or third-party vehicle suppliers.

6.1.5 For legal reasons or in the event of a dispute

We may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing your information with law enforcement officials, government authorities, airports (if required by the airport authorities as a condition of operating on airport property), or other third parties as necessary to enforce our terms of service, user agreements, or other policies, to protect our rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to your use of our services. If you use another person’s credit card, we may be required by law to share information with that credit card holder, including trip information. This also includes sharing your information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company

6.1.6 With your consent

We may share your information other than as described in this policy if we notify you and you consent to the sharing.

7. Information Sharing and Disclosure

7.1 MAX requires user profile information to provide its services, and retains such information for as long you maintain your Company account.

7.2 We retain certain information, including transaction, location, device, and usage information, for a minimum of 7 years in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide our Services, enable customer support, enhance the user experience or other operational purposes, we will take steps to prevent access to or use of such information for any purpose other than compliance with these requirements or purposes of safety, security and fraud prevention and detection.

7.3 We may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, if we shut down a user's account because of unsafe behaviour or security incidents, we may retain certain information about that account to prevent that user from opening a new one in the future.

7.4 You may request deletion of your account at any time through the Privacy Settings in the MAX app. Following such request, we shall delete the information that it is not required to retain. In certain circumstances, we may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, we will delete your account as described above.

8. Explanation and Copies of your Data

8.1 Explanation

You have the right to request an explanation of the information that MAX has about you and how we use that information. You also have the right to receive a copy of the information that we collect about you is collected based on consent or because we require the information to provide the services that you request

8.2 Correction

If we have information about you that you believe is inaccurate, you have the right to request correction of your information.

8.3 Deletion

Users may request deletion of their accounts at any time. Users may requests deletion through the Privacy Settings menu in the MAX app, or via our website. We may retain certain information about you as required by law and for legitimate business purposes permitted by law.

Please see the 'Information Retention & Deletion' section above for more information regarding The Company's retention and deletion practices.

8.4 Objections and complaints

Users in Nigeria have the right to object to our processing of personal data, including for marketing purposes based on profiling and/or automated decision making, subject to our right to retain or use the information as permitted by the law.

Users in Nigeria also have the right to file a complaint relating to our handling of their personal information with the National Information Technology Development Agency (NITDA) Head Office at No 28, Port Harcourt Crescent, Off Gimbiya Street Phone: +234 92 920 263 Mobile: +2348168401851, +2347052420189, web: nitda.gov.ng. Users may also submit questions, comments, or complaints to the Company’s Data Processing Officers.

9. Grounds for Processing

(a). The processing is necessary to provide the services and features you request
(b). The processing is necessary to protect the vital interests of our users or others
(c). The processing is necessary for our legitimate interests
(d). The processing is necessary for the legitimate interests of other persons or parties
(e). MAX collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others.

10. Consent

We collect and use your information based on your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires the collection or use of the information we collected or used based on consent. MAX relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are a Nigerian user, the following types of data collections or uses are done based on your consent;

Location Information (Riders)
Share Live Location (Riders)
Notifications: Account and Trip Updates
Notifications: Discounts and News
Accessibility features

Please see the Choice & Transparency section below for further information about these data collections and uses, how to opt-in or out of them, and the effect of opting out of these on your use of the MAX apps.

We may also collect personal information about you through voluntary surveys. Your responses to such surveys are collected based on consent and will be deleted once no longer necessary for the purposes collected.

11. Choice and Transparency

11.1 We provide means for you to see and control the information that we collect including through:

11.1.1 Privacy Settings

The Privacy Settings menu in the MAX rider app gives users the ability to set or update their location and contacts sharing preferences, and their preferences for receiving mobile notifications from MAX. Information on these settings, how to set or change these settings, and the effect of turning off these settings are described below.

(a). Location Information

We use rider's device location services to make it easier to get a safe, reliable ride whenever you need one. Location data helps improve our services, including pickups, navigation, and customer support. You may enable/disable, or adjust, our collection of rider location information at any time through the Privacy Settings menu in the MAX  app, or via the settings on your mobile device. If you disable the device location services on your device, your use of the MAX app will be affected. For example, you will need to manually enter your pick-up or drop-off locations. In addition, location information will be collected from the driver during your trip and linked to your account, even if you have not enabled The Company to collect your location information.

(b). Share Live Location (Riders)

We use the rider's device location services to make it easier to get a safe, reliable ride whenever you need one. Location data helps improve our services, including pickups, navigation, and customer support. You may enable/disable, or adjust, our collection of rider location information at any time through the Privacy Settings menu in the Company app, or via the settings on your mobile device. If you disable the device location services on your device, your use of the MAX app will be affected. For example, you will need to manually enter your pick-up or drop-off locations. In addition, location information will be collected from the driver during your trip and linked to your account, even if you have not enabled The Company to collect your location information.

(c). Share Live Location (Riders)

If you have enabled the device location services on your mobile device, you may also enable us to share your location with your driver from the time you request a ride to the start of your trip. This makes it easier for your driver to pick you up. You may enable/disable location sharing with your driver at any time through the Privacy Settings menu in the Company app. You may use the Company app if you have not enabled location sharing, but it may be more difficult for your driver to locate you.’

(d). Notifications: Account and Trip Updates

We provide users with trip status notifications and updates related to their accounts. These notifications are a necessary part of using the MAX app, and cannot be disabled. However, you may choose the method by which you receive these notifications through the Privacy Settings menu in the MAX app.

(e). Notifications: Discounts and News

You may enable MAX to send you to push notifications about discounts and news us. You may enable/disable these notifications at any time through the Privacy Settings menu in the MAX app.

11.1.2 DEVICE PERMISSIONS

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent and these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the MAX app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the MAX app seeks before you first use the app, and your use of the app constitutes your consent.

12. Updates to this Policy

We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the MAX apps or by posting updates on our website, or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy. We encourage you to periodically review this policy for the latest information on our privacy practices. We may also make prior versions of our privacy policies available for review.

13. Remedies and Limitation

Subject to the provisions of the Nigeria Data Protection Regulation, neither MAX nor its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with damages arising from the breach of your privacy. Without limiting the generality of the foregoing, the company's aggregate liability to you (whether under contract, tort, statute, or otherwise) shall not exceed the amount of fifty dollars ($100.00). the foregoing limitations will apply even if the above-stated remedy fails of its essential purpose provided always that the complaint is brought within one month of the occurrence of the said breach.

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