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
1.2. REQUESTED DATA. In certain cases, we will ask you to provide additional data.
o a user name and password selected by you; and
o your email address.
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.
o your name;
o your email address;
o your phone number; and
o a brief message regarding your interest in the Post.
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.
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.
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:
5.2. ACTIVITY IN PREVIOUS 12 MONTHS.
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).
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:
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 exercise these rights, please contact us using the information provided above.