Personal Data Privacy Policy

The confidentiality of your personal data is important to us. The Policy describes the methods we use to collect, store, process and use your personal data.

By providing us with such information and/or by using our website and/or applications, you consent to our collection, storage, processing and use of your personal data in accordance with applicable law and the terms of this Policy.

If you do not agree with the Policy, do not provide us with any personal data. If you refuse or withdraw your consent, or if you choose not to provide us with the required personal data, we may be totally or partially unable to answer your requests and you may be unable to access parts of our website and/or applications.

If you have any questions or comments regarding this Policy, or comments to improve its quality, please write to us using the contact form.

This Policy applies to users of the website (smood.ch) and mobile/tablet applications in Switzerland, as well as the Smood Driver application and any other website or application developed by Smood SA, including any user of Smood's applications, functional websites or other services. By user, Smood includes in particular its Customers, its couriers, and its Partners (restaurant owners in particular) as well as its order pickers.

We collect diligently and in strict compliance with the laws certain personal data (e. g. your name, date of birth, gender, language preferences, password hash, post address, delivery details (door access code, floor, etc.), email address, phone number, order history, product and restaurant preferences, information on your client account, third-party social network identifiers, and communications with you).

Furthermore, we may also collect and use data regarding your use of and your behavior on our website or our applications including session data, your browsing preferences, statistics about your visits, information about the device used to access our services, such as model, IP address or other unique identifier, operating system and version, software, display language, device movement data, and mobile network data.

By voluntarily submitting personal data to us, you agree to provide us with true, current and complete data at the time of submission. You are solely responsible for the accuracy of your personal data and shall inform us of any amendment thereto. We shall bear no liability for the consequences of inaccurate or untrue data.

Location data (customers): We collect precise and/or approximate location data from customers' mobile devices if they allow us to do so. Smood collects this data from the moment a user orders on the website or app until the order is completed, and when the app is open on the user's mobile device. This data is used to improve the Customer's use of the website and the application, including security features, but also to detect and prevent fraud.

Location data (couriers, restaurants, order pickers): We collect this data when the Smood Driver application or any other relevant websites or applications developed by Smood SA are running in the foreground (the application is open and appears on the screen) or in the background (the application is open but does not appear on the screen) on their mobile device. When couriers start a delivery service via the Smood app, their precise and/or approximate location data must be provided to Smood. The same is true for restaurant owners and order pickers. Once the application or website developed by Smood SA has received permission to access location-based services via the mobile device's authorization system we may also obtain the precise and/or approximate location of a user's cell phone when the application is running in the foreground or background. We collect the data you provide directly to us when you create or modify your account. The data that drivers provide directly when creating or modifying their account is collected by Smood. This data may include: lastname, firstname, e-mail address, telephone number, postal address, date and place of birth, nationality, work permit status, identity card, passport, driving license, AVS card, photos, marital status and emergency contact details. This data can be shared with other drivers or order pickers, if required.

Internal messaging allows couriers to communicate with Smood, other couriers, or delivery customers. These conversations are not private between your interlocutor and yourself: Smood can consult the history of your conversations at any time if necessary.

Internal messaging allows you to share photos taken from the application, as well as your precise and/or approximate location (at your request).

As a general rule, your personal data will not be used for any other purposes than to answer your queries, to process your orders, to communicate with you, to optimize our products, our website and our applications, to verify your experience and/or to achieve any other purpose for which your personal data was provided to us.

Your personal data will only be passed on to third parties if this is necessary to process your orders or if you have given your prior consent. Personal data may also be shared with third parties when required by law or by a court order.

In case of fraudulent use of our website or applications, or upon suspicion of punishable accesses, the data may be analysed for purposes of clarification and transmitted to the competent official authorities or to the third person affected by the fraud.

Smood is not part of the Migros community but undertakes to process the Cumulus numbers on behalf of Migros, according to the instructions of Migros and in compliance with the Swiss Data Protection Act. Neither Smood nor Migros sell your personal data to third parties under any circumstances and do not use the personal data for commercial purposes. Smood reserves the right to transmit this number to Migros Geneva in order to improve the customer experience. Learn more about the Cumulus program at https://privacy.migros.ch/en.html.

Your personal data is stored in Switzerland and in Europe. All personal data are protected against unauthorized processing with the help of appropriate technical and organizational measures.

Despite all the measures taken, the transmission and storage of information is not entirely secure. Consequently, we cannot guarantee the security of any information you share with us and shall assume no liability should your personal information be accessed, disclosed, modified or lost.

For the optimization of our website and applications, we may use cookies and tracking technologies. Cookies are little files that are stored on your data storage medium and that memorize, through your browser, some configurations and data in order to exchange them with our system. You can find more information about cookies at www.allaboutcookies.org.

Through the use of cookies and tracking technologies, we can provide faster and more reliable access, up-to-date results and a personalized experience on our site. Our cookies are generally temporary and deleted at the end of your session if your browser allows. We may also use cookies to recognize your next visit and to save your preferences: those cookies are persistent and may be stored up to ten years. We may in particular use the following cookies:

In order to continually improve and optimize our site, we use Google Analytics™ under the terms of Google Inc. These Google services are web-analysis services allowing us to better understand user behavior on our website. The information produced by such cookies (including your IP address) may be sent to - and stored on - Google's servers in the United States and thus be subject to foreign legislation. If you do not agree to the collection of your personal data by Google Analytics™ during your visits, you can install an additional module on your web browser, which will allow you to disable Google Analytics™. You can find more information about how Google protects your personal data on the dedicated Google page. These cookies are conserved according to terms set by Google Analytics™ and may be persistent.

We also use Crazy Egg, a web analytics service, under the terms of Crazy Egg Inc. Crazy Egg uses cookies which enable us to analyze your use of our website. The information produced by such cookies (including your IP address) may be sent to - and stored on – Crazy Egg’s servers in the United States and thus be subject to foreign legislation. If you do not agree to the collection of your personal data by Crazy Egg during your visits, you may refuse (opt-out) by following this procedure. You can find more information about how Crazy Egg protects your personal data on the dedicated Crazy Egg page. These cookies are conserved according to terms set by Crazy Egg and may be persistent.

Most browsers accept cookies automatically, but also allow you to disable them. The help menu on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete cookies you have previously accepted if you wish. Further information is available on the following websites:

Most cookies can also be disabled with tools provided by third parties, such as those offered by Youronlinechoice, by Network Advertising Initiative or by Digital Advertising Alliance. Further, most of third-party providers offer modules or proceedings allowing you to deactivate the cookies they use.

We recommend that you keep cookies "active" so that we can provide you with the best experience on our site. If you set your browser to block all cookies (including strictly necessary cookies), you may not be able to access parts of our website.

In accordance with current data protection laws, you have the right to be informed, free of charge, of the data that is collected about you and, if such data is incomplete or incorrect, to correct it, block access to it or delete it. In order to achieve that, you may simply connect to your account and make whatever modifications are necessary in your profile or contact customer service by email at [email protected]. We will delete your personal data but keep as long as necessary for legal purposes and for further processing in accordance with our legitimate interests. In particular, we will store connection data and specific statistics. The storage obligations that oblige us to retain data arise in particular from accounting and tax law regulations. Under these regulations, contracts and accounting records must be kept for ten years after the end of the year in which they were last processed. Personal data is generally deleted within 30 days of the request for deletion, unless its retention is necessary for the above-mentioned reasons.

Any request related to personal data should be sent to Smood SA, Chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, Switzerland.

Policy updated on 12 November 2019.

All rights to this Policy belong to the author. Any reproduction, without prior license, is strictly prohibited.

DISCLAIMER: The English version of this policy is a translation of the original in French. In case of a discrepancy, the original policy in French will prevail.