INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”) BY AND BETWEEN

1) foodpanda Malaysia Sdn Bhd (Company Registration No. 989567-W), (“Company”), and
2) [Name] _____________________________________________, (“Contractor”), jointly referred to as the
“Parties”.

1. CONTRACT SERVICES
1.1 The Contractor is contracted as delivery rider as of [Date] __________________________________.
1.2 The Contractor will provide services to the Company as an independent contractor and not an employee.
The Contractor agrees that he will not be entitled to any employee benefits, including but not limited to social
security organisation (“SOCSO”) contribution, employee provident fund (“EPF”) pension scheme, bonus or
commission.

2. PLACE OF SERVICE
2.1 The Contractor’s place of service shall be within the area where the Company provide deliveries in Malaysia.
The Contractor shall be free to choose the zone where he/she wishes to provide services when selecting
shifts.

3. THE CONTRACTOR’S DUTIES

3.1 The Contractor shall
a. Deliver Non-Halal food, beverages and other goods (“Goods”) from partner restaurants to the customers
within an allocated time frame with a high level of service and in compliance with all reasonable and
lawful standards of health, safety and hygiene.
b. be polite to the Company’s customers and maintain a neat appearance.
c. take all necessary precautions, behave predictably and carefully in traffic, and follow all traffic rules . It is
the Contractor’s responsibility to know, understand and obey the local traffic laws.
d. use all delivery equipment appropriately and keep such equipment in good working order.

4. EQUIPMENT
4.1 The Contractor shall
a. use his/her own motorcycle / Personal Mobility Device (“PMD”) (as applicable) and mobile phone, and be
solely responsible for all equipment costs (including but not limited to fuel and mobile data costs) when
providing services to the Company.
b. ensure that he or she holds a valid licence with the appropriate level of certification to operate his/her
motorcycle / PMD (as applicable).
c. ensure that the motorcycle / PMD (as applicable) meets all legal safety requirements, including, but not
limited to, working brakes, adequate lights and reflexes, road insurance, and tires with proper grips.
d. be provided a rider t-shirt, 2 (two) thermal bags and a delivery bag. These bags are to be used for
transport of Non-Halal Goods only. The Contractor shall be entitled to wear his own clothing and use his
own thermal bags / delivery bags, provided they are fit for purpose and of similar or better quality.
e. purchase from the Company a T-shirt for RM25 each.
f. agree that the cost of the 2 (two) thermal bags (RM15 each) and delivery bag (RM130 each) are to be
deducted from the rider’s service fees and are fully refundable upon termination of this Agreement.
g. under no circumstances mix non-Halal Goods with Halal Goods and vice-versa.

5. WORKING HOURS AND TERMINATION OF AGREEMENT

5.1 There are no fixed hours and the Contractor may choose to work up to 15 hours a day, 7 days a week as
much as his/her schedule allows it.
5.2 There is no mutual obligation for the Company to provide work and for the Contractor to take up and accept
any delivery assignment prior to and / or during any shift. During any shift the Contractor may reject any
delivery assignment causing it to be delegated to another rider.
5.3 The Contractor is free to work for any other company, including competitors of the Company.
5.4 The Contractor shall apply for shifts according to the defined procedures via the Company’s Roadrunner
Application. These procedures are subject to change and it is the Contractor’s responsibility to always keep
updated on the current procedure.
5.5 The Contractor shall be punctual and ensure that all necessary equipment is ready when each shift begins.
If the Contractor fails to do so, it may be counted as a No Show. If necessary, the Company may call the
Contractor to work outside the schedule. In such event the Contractor has a right to say no to these shifts.
5.6 The Company may terminate this Agreement at any time without giving any explanation or reason by issuing
a written notice to the Contractor and subsequently not providing shifts for the Contractor’s selection.
5.7 The Contractor may terminate this Contract at any time either by informing the Company or simply by not
applying for shifts.

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6. SERVICE FEES
6.1 The fees for the Contractor’s service shall be confirmed at the time the Agreement is signed and may be
accessed through the Company’s Roadrunner Application and the Company’s rider website. The Company
reserves the right and has sole discretion to change the Service Fees at any time and shall notify the
Contractor in advance in event of such change. Continued use of the Company’s Roadrunner Application by
the Contractor shall constitute the Contractor’s acceptance of such change.
6.2 The Contractor’s Service Fees shall be paid by the Company weekly by Wednesday for work done in the
previous week.
6.3 The Contractor, as an independent contractor and not an employee of the Company, shall be fully
responsible for and pay all taxes as well as EPF and SOCSO contributions.
6.4 The Company may make deductions from the Contractor’s Service Fees in the event that the Contractor
does not return the thermal bags to the Company and owe the Company money from order cash collections.

7. INSURANCE AND INDEMNITY

7.1 The Contractor may be covered by the Company group insurance scheme for independent contractors of
the Company. The criteria for coverage will be published on the Company’s rider website and it shall be the
Contractor’s responsibility to keep himself/herself updated on such criteria. The Contractor agrees that this
does not make the Contractor an employee of the Company. The Contractor agrees that he/she shall cover
any excess in damages not paid out by the insurance scheme.
7.2 The Contractor agrees that he/she shall indemnify, defend and hold harmless the Company from and
against any and all claims, liabilities losses or damages arising from or related to:
a. the Contractor’s breach of this Agreement;
b. any negligence, recklessness or omission of the Contractor in his/her performance of this Agreement; or
c. a claim by a third party directly or indirectly related to the Contractor’s performance of this Agreement.

8. CONFIDENTIALITY
8.1 The Contractor shall, during the period of and after termination of the contract, observe complete
confidentiality in relation to third parties about any business or company secrets that might have to come to
the Contractor’s attention during the Contractor’s work.

9. DISPUTES
9.1 The Parties shall seek to resolve any dispute regarding the interpretation of clauses of the Agreement
primarily through good faith negotiations. In the event that Parties are unable to resolve their dispute, they
shall submit to the non-exclusive jurisdiction of the Courts of Malaysia.
9.2 This Agreement and any dispute arising out of or in connection with its subject matter or formation shall be
governed by and construed in accordance with the laws of Malaysia.

10. AMENDMENT
10.1 The Company reserves the right to amend the terms of this Agreement. The Company shall inform the
Contractor of such amendments in writing and of the effective date of such amendments. Continued use of
the Roadrunner App shall constitute the Contractor’s acceptance of such amendments.
10.2 All amendments shall be effective between Parties with effect from the date notified by the Company without
the need for additional signatures or documentation.

11. ASSIGNMENT
11.1 The Company may assign this Agreement, whether in whole or in part, unilaterally without the Contractor’s
consent.
****

The Agreement has been executed on [Date/Year signed] ____________________

________________________ ________________________
foodpanda Malaysia Sdn Bhd Contractor’s IC number :
Contractor’s Name :

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PERSONAL INFORMATION COLLECTION STATEMENT

Dear Foodpanda independent contractors,

This privacy notice (“Privacy Notice”) is issued to all independent contractors of Foodpanda Malaysia Sdn Bhd
(which includes all its subsidiaries, related and/or associated companies) (“Company”, “we”, “us” or “our”),
pursuant to the statutory requirements of the Personal Data Protection Act 2010 (“PDPA”).

What Kind of Personal Data We Collect

Personal data means any information in our possession that relates directly or indirectly to an individual to the
extent that the individual can be identified from that and from other information in our possession, which for the
purpose of this Privacy Notice, includes:
• information that you provide to us, such as your name, address, telephone numbers, NRIC number,
date of birth, email address, emergency contact details, motor vehicle registration number;
• information collected by technology such as your electronic/mobile communications with the
Company and our suppliers, customers and other related third parties, your use of our website, mobile
web, or mobile app, including information such as your web browser type, Internet Protocol (IP)
address, domains, user profiles, cookies, device ID, and information collected when you provide delivery
services, and as permitted by your device settings, your location-based information such as location
tracking/ Global Positioning System (GPS) information, etc;
• information collected from third parties or other permissible or authorized sources, such as where
you have given your consent to third parties (e.g. recruitment or referrals) or to third parties' websites
(e.g. public or permitted directories) to disclose to us information relating to you.

How We Use Your Personal Data

The personal data collected from you will be used for the following purposes:
• assess and process your application to be engaged as our independent contractor, including to verify
your identity or to carry out any reference checks in relation to yourself;
• engage you to provide delivery services to us and/or on our behalf;
• process, facilitate, administer, maintain and/or manage your provision of services to us as well as your
business relationship with us, including to communicate with you or to respond to your enquiries or
complaints;
• process payments due to you in relation to the provision of your services, including to process your
invoices (where applicable), maintain financial records, verify bank account details and facilitate any
payments due to you; and
• any other purposes required to operate and maintain our business, or which are related to your
relationship with us

(collectively referred to as “Purposes”).

We will process your personal data in accordance with the PDPA, its applicable regulations, guidelines and/or
orders, taking into account the latest amendments to the foregoing, this Privacy Notice and any privacy terms
contained in your agreement(s) or terms of use with us. We may "process" your personal data by collecting,
recording, holding, storing, using and/or disclosing it.

Disclosure of Your Personal Data

We will not disclose any of your personal data to any third party without your consent, except to:
• the Company’s group of companies (including the Company’s direct and indirect shareholders, the
subsidiaries, related and/or associated companies of the Company, and the subsidiaries, related and/or
associated companies of the Company's direct and indirect shareholders);
• our professional advisers, vendors, suppliers, agents, contractors, service providers, business partners,
customers, insurance companies, banks, financial institutions;
• successors-in-title to us;
• any governmental agencies, regulatory authorities and/or statutory bodies;
• parties involved in any corporate exercise (e.g. proposed or actual mergers and/or acquisitions, joint
venture, funding exercise, asset sale or for any other matter of such nature which relates to the
Company),

whether within or outside Malaysia, and where necessary, to any party who undertakes to keep your personal
data confidential in carrying out the Purposes mentioned above or to persons to whom we are compelled or
required under the law to make such disclosure to.

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What If Personal Data Provided By You Is Incomplete?

It is necessary for us to collect and process your personal data. If you do not provide us with all the personal data
which is indicated as being necessary, we may not be able to effectively engage you to provide services to us
and/or on our behalf or process your personal data for any of the Purposes, if at all.

Your Rights to Access and Correct Your Personal Data

We are committed to ensuring that your personal data is stored securely. You have the right to
(i) request for access to,
(ii) request for a copy of; and
(iii) request to update or correct,
your personal data held by us. You also have the right at any time to request us to limit the processing and use of
your personal data, subject to our right to rely on any statutory exemptions and/or exceptions to collect, use and
disclose your personal data.
Your written requests or queries should be addressed to:

Personal Data Protection Officer

Address : Unit B-3A-12, Level 3A, Block B, Southgate Commercial Centre, No 2, Jalan Dua, Off
Jalan Chan Sow Lin, 55200 Kuala Lumpur.
Contact Platform : myriderrecruit@gmail.com

By providing your personal data to us, you consent to us processing your personal data in accordance with this
Privacy Notice, and you confirm that all personal data provided by you is accurate and complete, and that none of
it is misleading or out of date. You will promptly update us in the event of any change to your personal data.

To the extent that you are a corporate entity/ an organisation and where you have provided (or will provide)
personal data about your directors, shareholders, employees, representatives, agents and/or any other related
individuals, you confirm that you have explained (or will explain) to them that their personal data will be provided
to, and processed by, us and you represent and warrant that you have obtained their consent to the processing
(including disclosure and transfer) of their personal data in accordance with this Privacy Notice.

Amendments to This Privacy Notice

We reserve the right to update and amend this Privacy Notice from time to time. We will notify you of any
amendments to this Privacy Notice via announcements on our website, mobile web, mobile app, or other
appropriate means. If we amend this Privacy Notice, your continued provision of the services after notification of
the revised Privacy Notice constitutes your acceptance of the amendments.

In accordance with Section 7(3) of the PDPA, this Privacy Notice is issued in both English and Bahasa Malaysia.
In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia
version, the English version shall prevail.

Date of issuance of this Privacy Notice: 5 April 2017

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