Preamble

PicNic Pay is a service offered by PicNic Sàrl.
This Privacy Policy describes the methods used by PICNIC Sàrl (hereinafter “PICNIC”) to collect,
use and process Users’ personal data.

Article 1
Scope of application
1. This Privacy Policy applies to the processing of personal data of all Users and/or any
other website, application, service, contracts and tools operated by PICNIC and which
do not include their own provisions related to data protection.
2. By using the Platform, Users declare that they understand and accept that personal data
will be collected and processed by PICNIC in accordance with this Privacy Policy.
3. Clients and Providers shall be informed of any changes to the Privacy Policy by e-mail.

Article 2
Identity of PICNIC Sàrl.
1. PICNIC Sàrl is a Swiss company duly registered in the Commercial Register of the Canton
of Geneva under the number IDE 390.157.456.
2. The registered office of PICNIC Sàrl is at 1208 Genève, rue Agasse 54, c/o Fidraco SA.
3. PICNIC Sàrl is responsible for the processing by PICNIC of Users’ personal data and can
be contacted at any time at the following e-mail address contact@picnic.swiss.

Article 3
Definitions
Client: the natural and/or legal person who holds a Client’s Account and places an Order
via the Platform.

Client’s Account: the relationship that the Client establishes with PICNIC in order to place
Orders; the Client’s Account contains the Client Information.

Client’s Information: the data relating to the Client that the Client must provide at the
same time as creating the Client’s Account; the necessary data include the Client’s
telephone number, e-mail address, delivery address and/or the address where the
service is to be provided, and the date of birth in the case of an individual.
Contract: the contract concluded between the Client and the Provider resulting from an
Order accepted by the Provider.
General Terms & Conditions: all the General Terms & Conditions issued by PICNIC
regulating its relations with Clients, Providers and third parties.
Logistics Partner: an organization and/or person independent of PICNIC that performs
a delivery service.
Offer: the Products and/or Services offered by a Provider.
Order: an order for Products and/or Services placed and confirmed by the Client with a
Provider via the Platform.
Payment Service: the invoicing of Clients, the collection of the Selling Price and its
securement, the payment of the Logistics Partner(s) and the payment of the Provider.
PICNIC: the company PICNIC Sàrl and/or any affiliated entity(ies) and/or company(ies)
of the group of companies to which PICNIC Sàrl belongs.
PICNIC Service: the commercial services and/or benefits offered by PICNIC to Clients
and Providers, which include the general communication about the Platform, without
obligation on the part of PICNIC, the provision to Clients and Providers of the Platform,
the Provider’s Protected Space, the Order Interface, and the Provider’s PICNIC Page
dedicated to the publication of Offers, the transmission of Orders, the invoicing of
Orders, and the establishment of relationships with Logistics Partners.
Platform: the website(s), mobile applications, tools and other equipment of PICNIC or
its commercial partners giving access to the Service.
Products: the products offered to the Client and described on the Provider’s PICNIC
Page, corresponding to the Offer; products include the dishes, preparations and drinks
offered by the Restaurants.
Provider: the provider of Products and/or Services contractually linked to PICNIC; the Restaurant is a Provider.
Provider’s Account: the relationship that the Provider establishes with PICNIC in order
to receive Orders; the Provider’s Account contains the Provider’s Information.
Provider’s Information: the data and documents relating to the Provider required
simultaneously with the creation of the Provider’s Account (the Information must include
the extract from the Commercial Register for the Provider or a copy of the identity card
of the person responsible for a sole proprietorship that is not registered in the
Commercial Register, the name and contact details of the person at the Provider’s
premises authorized to represent him/her/it, the VAT number, the payment information
for the transfer of the Net Price to the Provider) as well as the Offer and the Provider’s
data on the Provider’s PICNIC Page (the Provider’s Information must include the
Provider’s trade name and company name, postal, electronic and telephone contact
details, area of activity and/or delivery, any minimum order quantities, unit rates as well
as hourly, daily, weekly and/or monthly rates for all Products and Services in the form of
time services, as well as any useful and legal information in relation to the Offer).
Provider’s PICNIC Page: the PICNIC page attached to a User Account created on the
Platform for the Provider.
Real Estate Agency: any real estate agency partnering with PICNIC that promotes the
PICNIC Service and the Plateform.
Selling Price: the price (including VAT) paid by the Client for the execution of the
Contract, including the Delivery Cost(s).
Third Party: Any Internet user who navigates on the Platform, after having accepted the
use of cookies if he/she is one.
Users: Clients and Providers and/or Third Parties who use the Platform.

Article 4
Personal data collected
1. Data relating to the Clients: PICNIC collects, uses and processes the Client’s data and
Client’s Information communicated when creating and/or modifying their Client’s
Account and collected while using the Platform.
2. Provider’s Data: PICNIC collects, uses and processes the Provider’s data and Provider’s
Information provided when creating and/or modifying the Provider’s Account and
collected while using the Platform.
3. Third Party Data: PICNIC processes Third Parties’ data collected during their navigation
on the Platform within the limits of the consent expressed during their first connection
and subsequent connections if any.
4. Data relating to the Payment Service: PICNIC collects, uses and processes information
relating to the means of payment of Users as well as the bank details of Providers; PICNIC
also collects, uses and processes information on Payment Service transactions, including
the details of the Order, the date and time of the execution of the Contract and of the
payment, the amounts invoiced as well as the amounts paid by or payable to PICNIC.
5. Device Information: PICNIC may collect, use and process information about the devices
used by Users to access the PICNIC Services including device model, IP address,
operating systems and versions thereof, software, file names and versions, language
preferences, unique hardware identifiers, advertising identifiers, serial numbers, travel
data and mobile network data.
6. Location data: PICNIC reserves the right to geolocate Users where possible in order to
offer a better quality of service.
7. Ratings: PICNIC collects the ratings that the Clients and the Providers may give each
other.
8. Cookies: PICNIC does not use cookies in principle; PICNIC may, however, use cookies
and tracking technologies consisting of small files recorded and stored in the browser
and/or the device and/or the applications used by the Users. PICNIC uses these cookies
and tracking technology to (i) authenticate Users, (ii) record Users’ preferences and
settings, (iii) generate statistics on the use of the Platform, (iv) administer and evaluate
the performance of advertising campaigns, (v) analyze traffic and trends in the use of
the Platform and (vi) improve the service. In such a situation, Users will be notified and
will be able to deactivate cookies and tracking technologies through their browser
and/or the Platform, it being specified that this deactivation may result in the
impossibility of using all PICNIC Services.

Article 5
Use of the personal data collected
1. PICNIC collects and processes Users’ personal data primarily to enable the processing
of Orders, the conclusion and execution of the Contracts, the proper functioning of the
Payment Service, communication, optimization of the Platform and more generally to
improve the experience of the Users.
2. PICNIC may also process Users’ personal data to protect legitimate interests, for example
to detect and/or investigate the commission of punishable, abusive, non-compliant
and/or illegal acts as well as for the exercise of legal rights and defense in case of
litigation.
3. PICNIC also use the e-mail address, telephone number and usage statistics of Users for
promotional purposes and/or to personalize its communication; Users can unsubscribe
from the distribution list at any time via the Platform, their data being archived by the
Platform.

Article 6
Transmission of personal data
1. PICNIC shall only disclose Users’ personal data when this is necessary for the processing
of Orders and/or the performance of Contracts and/or when required by law or a Court
order.
2. PICNIC shall not pass on Users’ personal data to unauthorized third parties. PICNIC
employees only have access to the data they need to fulfil contractual and legal
obligations.
3. PICNIC may hire service providers, agents or representatives to provide IT services on its
behalf, including technical management of the Platform. These third parties may also
have access to and process Users’ personal data when providing these services. PICNIC
requires all such third parties to comply with applicable data protection laws and security
requirements.
4. PICNIC shall communicate to the Provider the name, address, e-mail address, telephone
number of the Client and/or any information necessary for the conclusion and
performance of the Contract.
5. PICNIC shall provide the Client with the name, address, e-mail address, telephone
number of the Provider and/or any information necessary for the conclusion and
performance of the Contract.
6. PICNIC reserves the right to communicate to a Logistics Partner the personal data of
Users, in particular their name, address, e-mail address and telephone number, for the
execution of their assignment.
7. PICNIC reserves the right to communicate to the Real Estate Agency with which a User
is a tenant or co-owner, the amount of his Orders.

Article 7
Rights of the Users
1. Users may at any time :
– Request a copy of the personal data that PICNIC holds about them in an easily
readable electronic format or the transfer of this data directly to a previously
designated third party;
– Request the updating, correction or supplementation of data held by PICNIC about
them;
– Request the deletion of their data from PICNIC’s systems, provided that PICNIC
does not have a legal and/or judicial obligation to retain it;
– Limit or object to the processing of their data;
– Withdraw their consent to the processing of their data for a specific purpose.
2. Requests in relation to article 7 paragraph 1 of this Privacy Policy can be made by e-mail
to the following address contact@picnic.swiss; they must be accompanied by a copy of
the User’s identity document or, in the case of a legal entity registered in the Trade
Register, by a copy of the identity document of its representatives duly registered in the
Trade Register with power to represent it.
3. PICNIC may be required by law to retain all or part of the personal data collected and
processed, even after a request for deletion from a User; it informs the User concerned,
where appropriate.
4. The deletion and/or blocking of personal data by the User of the Platform may have the
effect of preventing the use of the Platform.
5. Clients and Providers can access and update their Client’s Accounts and/or Provider’s
Accounts at any time.

Article 8
Data retention and storage
1. Users’ personal data is stored in Switzerland and/or the European Union.
2. PICNIC processes and stores Users’ personal data for as long as required by the
applicable legal provisions.
3. PICNIC processes and retains a User’s personal data as long as the User has an active
Client’s Account and/or Provider’s Account; if the Client’s Account or Provider’s Account
is deactivated, the personal data is archived and may be used for legal, accounting,
dispute resolution or fraud prevention purposes.
4. Uninstalling the App does not automatically deactivate the Client’s Account and/or the
Provider’s Account or delete the personal data contained therein.
5. In the event of a fraudulent Order and/or a fraudulent Offer, justified doubts about the
accuracy or authenticity of information and date provided by the Client and/or the
Provider, PICNIC reserves the right to refuse any Order and/or any Offer, to close the
Client’s Account and/or the Provider’s Account, and/or to refer the matter to the
authorities when this appears justified.

Article 9
Security
1. PICNIC shall take the appropriate technical and organizational measures to protect
Users’ personal data, which shall be stored solely on secure servers.
2. The Platform is protected by measures in accordance with the current state of the art
against loss, destruction, manipulation of the data, access to them and their modification
and/or disclosure by unauthorized and/or authorized persons.
3. Despite the organizational and technical measures taken by PICNIC, Users understand
and accept by using the Platform that the transmission of information via the internet
and/or other electronic communication media always entails a risk that the transmitted
information may be lost, damaged and/or manipulated; Users transmit personal
information and data at their own risk and at PICNIC’s full discharge.
4. PICNIC shall immediately inform the Clients and Providers concerned of any breach of
security and/or compromise of their personal data of any kind.

Article 10
Interpretation
1. This Privacy Policy has been drafted in French; there is an English translation.
2. In case of contradiction between the French version and its English translation and/or in
case of dispute as to the interpretation of the provisions contained therein, only the
French version shall be deemed as valid and taken into consideration for purpose of
interpretation.