Is Just Eat using GDPR for its own benefits?

[quioch]

Hi
I am a restaurant partner with Just Eat. Our EPOS system works with our customers phone number, but recently JE is not passing the customer’s phone number to their restaurant partners. They claim this is part of new GDPR regulation. I was reading about the GDPR and how people’s information shouldn’t be passed on to the others. But JE is giving part of customer’s information such as name and address to their restaurant partners. Why they can’t give the customer phone number to the restaurant partners??

 

[Simon Plummer]

Hi,

GDPR isn't that prescriptive, this is down to their privacy policy. I would have thought that it is justifiable for them to give you the phone number in order contact the customer should there be a problem. This would be under the lawful basis of 'fulfilling a contract' . Obviously you couldn't use this detail to say bombard the customer with marketing material etc. However they would be the data controller so it is up to them to ensure they have the relevant contractual control with the processors (restaurants) to ensure this doesn't happen. Maybe they just think this is easier! Unfortunately I don't know the backend process of just eat so can't really give exacting details. But I think saying GDPR is the reason is the 'easy hide behind' much like health and safety these days! I am intrigued to know how you contact a customer if needed?

 

[quioch]

This is my exact point. Or at least they can give the customers the choice, if they want their number to be passed to the restaurant partners. JE has allocated each restaurant partner with a unique mobile number. We have to phone that number and then punch the 8 digit order number in order to be connected to the customer. I am sure you appreciate it is not an easy task if you are in back of the building in dark alley. I am frightened in near future they charge special rate using their phone number.!!

 

[fisicx]

It's got nothing to do with GDPR. This is JE making sure you don't bypass their system and contact the the customer directly. It's about them making money not about privacy.

 

[quioch]

It's got nothing to do with GDPR. This is JE making sure you don't bypass their system and contact the the customer directly. It's about them making money not about privacy.

That’s what I thought. I think they are using GDPR as a tool to have full control of the situation. I was wandering if there is any legal route that we can take to demand for customer telephone number. Just a thought!!

 

[fisicx]

The only legal route is to stop using JE.

 

[Newchodge]

If you accept a relationship with a business partner you agree terms. If JE has changed the terms to not supply the phone number you have a choice - inform them that you are aware that this is noting to do with GDPR and that in your view it creates a Health and Safety issue for your staff so you will have to decline any orders that do not include the customer phone number, or cancel the contract.

You may want to contact all local firms that use them and suggest that you all do this together.

 

[quioch]

The only legal route is to stop using JE.

This is one option that we are starting to prepare ourselves.

 

[quioch]

If you accept a relationship with a business partner you agree terms. If JE has changed the terms to not supply the phone number you have a choice - inform them that you are aware that this is noting to do with GDPR and that in your view it creates a Health and Safety issue for your staff so you will have to decline any orders that do not include the customer phone number, or cancel the contract.

You may want to contact all local firms that use them and suggest that you all do this together.

That claim that this is because of the GDPR. They say we can not supply customers number because of the GDPR regulation. But surely this should not be the only reason.

 

[NickGrogan]

They don't need a reason, or to give you any explanation. If you want to use their service, that you have to follow their rules. GDPR is just a convenient excuse.

They want to keep ownership of the customer so that you can't contact them directly and bypass Just Eat.

 

[quioch]

They don't need a reason, or to give you any explanation. If you want to use their service, that you have to follow their rules. GDPR is just a convenient excuse.

They want to keep ownership of the customer so that you can't contact them directly and bypass Just Eat

I understand your point. But the question is the GDPR. JE is blaming the GPRD for its action. We have received letters, emails and blogs from JE to explain why they don’t publish the customer phone number anymore. I just want to know is this legal or not.

 

[tony84]

Why not put together an email to the company explaining that them providing you with the customers phone number is not a breach of GDPR as it would be expected you are given the customers number in case of a problem - I do not use Just Eat but if I did, I would expect the company providing the food to have my number, I am a little surprised you dont get it to be honest.

Surely it is easier to call my number if there is a problem than it is to faff around with a mobile and an 8 digit code all the while my tea is going cold.

I honestly can not see a benefit to Just Eat. If the customer were going to circumvent Just eat, they would do that in the first place. I tend to order from 1 of 3 places, I get their number from the internet.

 

[newguy007]

They stopped sharing customer phone number due to restaurants cancelling large orders and contacting customers directly to take the order to avoid paying commission. They are trying to protect their business. There is nothing wrong with what they are doing.

 

[Newchodge]

That claim that this is because of the GDPR. They say we can not supply customers number because of the GDPR regulation. But surely this should not be the only reason.

Did you read the post that you replied to, or, indeed any of the previous ones?

 

[quioch]

They stopped sharing customer phone number due to restaurants cancelling large orders and contacting customers directly to take the order to avoid paying commission. They are trying to protect their business. There is nothing wrong with what they are doing.

First you don’t punish everyone, because there are few restaurants who don’t honour their contract.
Second, Those restaurants they can still cancel the order and contact the customers to take their order. But it’s a bit harder now.

 

[quioch]

Did you read the post that you replied to, or, indeed any of the previous ones?

Yes I did. Something that still confuses me, the fact that the guys on this thread believe GDPR should not stop JE passing the customer’s number to the restaurant partners, but why a multi billion company like JE should lies to the restaurant partners? Do you know the answer?
JE didn’t say they are changing their policy or they want to protect their business. They blame GDPR for it. This still bothers me.

 

[Newchodge]

Yes I did. Something that still confuses me, the fact that the guys on this thread believe GDPR should not stop JE passing the customer’s number to the restaurant partners, but why a multi billion company like JE should lies to the restaurant partners? Do you know the answer?
JE didn’t say they are changing their policy or they want to protect their business. They blame GDPR for it. This still bothers me.

Why does it bother you? Trump is the president of the US he lies every time he opens his mouth. why should JEtell the truth if it will result in some of their clients leaving them?

 

[quioch]

Why does it bother you? Trump is the president of the US he lies every time he opens his mouth. why should JEtell the truth if it will result in some of their clients leaving them?

That’s the good one. That made my day and it put smile on my face. I am actually speechless.

 

[Martins-Adwords-Solutions]

What is a legitimate and reasonable argument, why you necessarily need phone number of a customer? Perhaps you can suggest it to JE.
If having a phone number could help you and your partners improve business - then it might help, if not - you don't need it.

 

[Newchodge]

What is a legitimate and reasonable argument, why you necessarily need phone number of a customer? Perhaps you can suggest it to JE.
If having a phone number could help you and your partners improve business - then it might help, if not - you don't need it.

That should be obvious. How about arriving at the address on the order to find it is wrong. The delivery driver can ring the customer and find out where they are. Or getting to the address and finding the doorbell doesn't work and no-one can hear the driver - ring the cistomer and the delivery is made.

 

[Martins-Adwords-Solutions]

That should be obvious. How about arriving at the ad

dress on the order to find it is wrong. The delivery driver can ring the customer and find out where they are. Or getting to the address and finding the doorbell doesn't work and no-one can hear the driver - ring the cistomer and the delivery is made.

Yeah it is obvious. I later saw this:

They stopped sharing customer phone number due to restaurants cancelling large orders and contacting customers directly to take the order to avoid paying commission. They are trying to protect their business. There is nothing wrong with what they are doing.

GDPR is then not the actual reason.

 

[ineedadollar]

They have changed the systems to make them more money, Unfortunately, there's not a lot that can be done about it. We have a deaf customer who orders through there and says to text his number when we are outside. But we can't do that no more, lucky for us he was ordering before the change so the number was still in the sent messages.
They have also changed the compensation system so you have to call the customer to confirm the order before you start making it otherwise it's your fault for not checking to confirm the order with the customer.
Customers order through just eat so they dont need to speak on the phone so that kind of defeats the object

 

[GURUCLOUD]

So what exactly happens in the case where you need to contact for a reason? Do you go via JE and they proxy the call?

 

[OldWelshGuy]

Set your own system up it is not that complex we have done it for a few friends using a simple set of softwarte and hacks.

Saves you a fortune no commission

 

[quioch]

So what exactly happens in the case where you need to contact for a reason? Do you go via JE and they proxy the call?

Yes, JE has setup proxy system in order to contact the customer. But it’s not an easy task when you are busy or in dark.

 

[quioch]

Set your own system up it is not that complex we have done it for a few friends using a simple set of softwarte and hacks.

Saves you a fortune no commission

We have got our own website and app. We advertise them through FB and google Ad ward. We even give 20% discount on our own online ordering. We don’t charge 50p commission that JE charges. But some people still prefer to order on JE.

 

[Deleted member 309046]

Just curious on this one, if you did call the customer, wouldn't you be breaking GDPR since they gave the number to JE, not you?

 

[quioch]

Just curious on this one, if you did call the customer, wouldn't you be breaking GDPR since they gave the number to JE, not you?

It’s gray area. Are the customers class themselves as JE customers or my customers? I would say 90% of them they class themselves as my customers and they are using JE as convenient platform to order for food.
25% of my JE customers are putting note and asking us to phone them on arrival, and majority of customers are expecting us to phone them if we have any difficulties in finding the address. Nearly all customers are phoning us directly to add to order, cancel the order or change something on the order. If they are canceling the orders already paid, they expect me to refund their money back.
I am responsible for checking, making and delivery of the order. Are they my customers?
Some of these people alternating between my site and JE site, I already have their details, am I allowed to use their details if I am delivering JE order?