Privacy Policy


Privacy Statement

Last Updated May 8, 2019

 

Produce Live LLC (“Produce Live” or “we”) operates a listing platform that connects buyers and sellers of produce through its website, www.producelivellc.com, (the “Site”) and the Produce Live mobile application (the “App”). Through the Site and App, users can create posts offering to buy or sell produce (“Posts”) and view the Posts of others (the “Services”).

 

We recognize that you, as a user of the Site or App, want to understand our privacy practices, especially as they relate to our use and collection of data that identifies you, directly or indirectly, as an individual person (“Personally Identifiable Information”). Accordingly, we have prepared this Privacy Statement (“Statement”) to inform you of those practices. If you have any additional questions, please contact us using any of the following methods:

 

Mailing:       Produce Live, LLC

12042 SE Sunnyside Rd. #288

                       Clackamas, OR 97015

Phone:         1-888-438-1833

Email: Customerservice@producelivellc.com

 

  1.        WHAT DATA DOES PRODUCE LIVE COLLECT FROM USERS? 

 

1.1.             AUTOMATICALLY COLLECTED DATA. Each time you visit the Site or App, we use cookies to automatically collect the following data from you:

 

  • your Internet Protocol (IP) address;
  • your browser type;
  • the date and time of your visit;
  • the location of the device through which you are accessing the Site or App; and
  • your movements around the Site or App (such as the items you click on). 

 

1.2.             REQUESTED DATA.  In certain cases, we will ask you to provide additional data. 
In particular:

 

  • If you want to use the Site or App, we will prompt you to register for an account. To register, you must provide us with:

 

o   a user name and password selected by you; and

o   your email address.

 

  •  If you want to publish a Post on the Site or App, you must provide the following information in your Post about the items you are offering to buy or sell:

 

o   the title of your post (e.g., Strawberries)

o   the posting type (e.g., Buying or Selling)

o   the category of produce (e.g., Berries, Organic Strawberries);

o   the name of the item (e.g., 1lb Strawberries);

o   an image of the item;

o   the life of the item, including the pack date (in the case of items with an immediate life) or the use-by/sell-by date (in the case of packaged items);

o   a description of the item;

o   the number of crates, cases, pallets or pieces offered; and

o   the price of the items. 

 

  • If you want to contact another user regarding that user’s Post, you must provide:

 

o   your name;

o   your email address;

o   your phone number; and

o   a brief message regarding your interest in the Post.

 

  1.        HOW DOES PRODUCE LIVE USE DATA COLLECTED FROM USERS?  Produce Live uses data collected from you in the following ways:

 

2.1.             TO COMMUNICATE WITH YOU. We will use the email address you provide when registering for a user account to authenticate your registration by sending you an email with a link to confirm your account. We’ll also use this email, and any other contact information you provide, to contact you to provide customer support or (in some cases) to let you know of a change to this Privacy Statement, our Terms of Use or our fee schedule.  If you use the App, we may also use information about your device to send you “push notifications” regarding the status of your Posts and other Posts with which you have interacted.

 

2.2.             TO PROVIDE SERVICES YOU’VE REQUESTED. If you use the features of the Site or App to request that we publish a Post, we (subject to our Terms of Use) use the information that you provide to make the Post visible to all other users of the Site or App, such that other users can contact you about items they would like to buy from, or sell to, you. Similarly, if you use the features of the Site or App to create an inquiry about another user’s post, we will use the information you provide (including any message you prepare) to submit the inquiry to the other user. 

 

2.3.             TO DELIVER CUSTOMIZED CONTENT.  We use data collected through cookies to customize your experience with the Site. For example, we use data collected about your device’s location to filter Posts, such that the Posts most relevant to you are automatically filtered to the top of your viewing. We also combine information collected through cookies with information you provide when registering for an account to deliver a customized user dashboard to you so that you can easily review your Posts and any inquiries about Posts made by or to you.

 

2.4.             TO IMPROVE THE SITE OR APP. We will use data collected about your interactions with the Site and App: to look for trends in the popularity of features so that we can improve those features; to detect security incidents and bugs; and to stop fraudulent or illegal activity.

 

2.5.             TO EXERCISE OUR LEGAL RIGHTS. Where legally required or permitted, we will use data collected from you to respond to court orders or otherwise participate in the legal process.    

 

Additionally, Produce Live may also use de-identified or aggregated data collected about you in ways permitted by law but not described above. In general, de-identified information is information that does not directly or indirectly identify you. Aggregate information is information about a group of users, from which individual identities have been removed.

 

  1.        DOES PRODUCE LIVE SHARE USERS’ DATA WITH OTHERS? We share data collected from you with the following third-parties:

 

3.1.             OTHER USERS. We share (by making them visible through the Site and App) your published Posts with all registered users of the Site and App. We also share any inquiries you submit about a Post to the user that created such Post.

 

3.2.             PAYMENT PROCESSORS. We use payment processers to handle any fees you submit to us (such as the fee you must pay in order to publish a Post). When you click to submit payment, the Site or App (whichever you are using) will link you to such a processor, and our Site or App will alert the processors that you want to submit payment to Produce Live. All payment information, such as credit or debit card details, will be submitted directly to the processor and will not be accessible by us.

 

3.3.             WEB HOST.  We use a third party web host to host data and operate the Site and App. In performing its services, the host may have access to your Personally Identifiable Data. We do not authorize the host to use such data except as necessary to perform web hosting service and fulfill its other business purposes. We do not authorize the host to further collect, sell or use your Personally Identifiable Information.

 

3.4.             EMAIL MANAGERS. If you ask us to send you our newsletter or marketing messages, we will share your name and email address with our third party email distributor.

 

3.5.             DATA ANALYZERS. We share data with data aggregation and analytics software providers to enable us to monitor and improve the Site and App.

 

3.6.             MERGERS & SALES. If we undergo a merger or sale, we will share collected data if and as permitted by law.

 

Except as described above, Produce Live does not rent, sell, or share Personally Identifiable Information about you with other people or companies.

 

  1.        HOW LONG DOES PRODUCE LIVE KEEP DATA?  If you do not access your Produce Live account for eighteen (18) consecutive months, Produce Live may delete your account, including all Personal Identifiable Information associated therewith, for inactivity.  Otherwise, Produce Live will retain your Personally Identifiable Information only for as long as is necessary for the purposes set out in this Privacy Statement.  After such Personally Identifiable Information is deleted, Produce Live may retain data that does not constitute Personally Identifiable Information (including de-identified or aggregated information) for its own internal business purposes.

 

  1.        INFORMATION FOR USERS WHO ARE CALIFORNIA CONSUMERS. In addition to the other information provided in this Privacy Statement, Produce Live wishes to provide the information in this Section 5 to users who are California consumers. For purposes of this Section 5, a “California consumer” is a natural person who is in California for other than a temporary purpose (or who is domiciled in California and is outside of California for only a temporary purpose).

 

5.1.              YOUR RIGHTS. If you are a California consumer, you have certain rights with respect to the Personally Identifiable Information we collect and hold about you, which rights you may exercise by contacting us using the information provided above. In particular:

 

  • In certain circumstances you have the right to request that we disclose to you:
  •    the categories of sources from which we collect Personally Identifiable Information;
  •    the business or commercial purpose for which your Personally Identifiable Information is collected or sold;
  •    the categories of third parties with whom we share Personally Identifiable Information; and
  •    the specific pieces of personal information we have collected about you.

 

  • In certain circumstances, you have the right to have Personally Identifiable Information of yours that is under our control deleted.

 

  • We cannot discriminate against you based on the fact that you exercise any of your rights under the California Consumer Privacy Act of 2018. In general, this means we cannot, just because you have exercised your rights, deny you goods or services; charge you a different price or rate for goods or services; provide you a different level or quality of goods or services; or suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

5.2.              ACTIVITY IN PREVIOUS 12 MONTHS.

 

  • Sales.  In the 12 months prior to the Effective Date, we have not sold users’ Personally Identifiable Information.

 

  • Collections. In the 12 months prior to the Effective Date, we have collected Personally Identifiable Information from the following categories: 

 

o   Name (both individual name and account user name);

o   Email address; 

o   IP address; 

o   Phone number; 

o   Commercial information, including a record of: goods users have offered for sale (including the price and amount of such goods); goods users have offered to buy (including the price and amount of such goods); images of goods users have offered to buy or sell; and the identity of the employer or other company on behalf of whom users offer products or services;

o   Inquiries and other messages sent between users; 

o   Geolocation data; and

o   Internet or other electronic network activity information, such as browsing or search history and other information about users’ interactions with the Site and App.

 

All of the Personally Identifiable Information listed in this Section 5.2 was collected from you (or your device) for the business or commercial purposes identified in Section 2 above. This Personally Identifiable Information was shared with other users of the Site and App, payment processors, data analyzers, email distributors, and our web host (as further described in Section 3 above).

 

  1.        INFORMATION FOR USERS WHO ARE IN THE EUROPEAN UNION.  In addition to the other information provided in this Privacy Statement, Produce Live wishes to provide the information in this Section 6 to users accessing the Site or App in the European Union.

 

6.1.             LEGAL BASIS FOR PROCESSING. If you are in the European Union, law prohibits us from processing your Personally Indefinable Information unless we have a legal basis for doing so. We have two legal bases for processing your Personally Indefinable Information:

 

  • Performing a Contract. We have a lawful basis to process your Personally Identifiable Information when such processing is necessary for the performance of a contract to which you are a party.  For example, when you ask us to publish a Post on the Site and App pursuant to the Produce Live Terms of Use, you have given us a lawful basis to process your Personally Identifiable Information pursuant to the Terms of Use. You can decline to provide the information we need to complete the contact; however, if you decline to provide information we need to complete a contact, we may not be able to publish your Posts, contact you or otherwise provide you the Services. 

 

  • Consent. We have a lawful basis to process your Personally Identifiable Information when you provide us with consent to process such information for the purposes specified in this Privacy Statement. For example, you gave consent to our use of cookies to collect Personally Identifiable Information from you when you first accessed the Site or App. You may withdraw your consent at any time by contacting us using the contact information above. However, most features of the Site and App will be unavailable to you if you withdraw consent.

 

6.2.              DATA TRANSFERS. If you are in the European Union, please be advised that your Personally Identifiable Information will be transferred to, and may be stored in, the United States. In particular, we utilize Amazon AWS as a web hosting provider. AWS is certified under the US-EU Privacy Shield Framework and uses Model Clauses to comply with European Data Protection laws.

 

6.3.              YOUR RIGHTS. If you are in the European Union, you have certain rights with respect to the Personally Identifiable Information we collect and hold about you. In particular, in certain circumstances you have the following rights with respect to the Personally Identifiable Information we have collected about you:

 

  • to ask us to confirm whether we are processing your Personally Identifiable Information;
  • to access your Personally Identifiable Information;
  • to have your Personally Identifiable Information corrected or deleted;
  • to object to, or request the limiting of, our processing of your Personally Identifiable Information;
  • to receive your Personally Identifiable Information in a structured, commonly used and machine-readable format, and (where technically feasible) to have your Personally Identifiable Information transmitted to another controller; and
  • to lodge a complaint with the supervisory authority in the European Union.

     To exercise these rights, please contact us using the information provided above.

  1.        WILL THIS PRIVACY STATEMENT BE UPDATED OR MODIFIED? Produce Live may update or modify this policy at any time by posting the updated policy (including an updated Effective Date) on the Site and in the App.