Privacy Policy

Effective Date: April 13, 2017

Last Update: August 1st, 2025

Produce Pay Inc. (“ProducePay”, “we”, “us”, or “our”) recognizes the importance of privacy and is committed to protecting our users’ personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard information that we obtain about users of our website www.producepay.com (the “Site”) and ProducePay services, whether provided through our Site and/or offline (collectively, the “Services”). By visiting our Site, or using any of our Services, you acknowledge and agree that any information that we collect, process, and use from or about you through our Site or Services, including personal information, anonymous information, and aggregate information, will be handled as described in this Privacy Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Use, including applicable limitations on damages and the resolution of disputes.

Information We Collect

We collect information about you directly from you, from third parties such as service providers or public records, and automatically through your use of our Site or Services. We may combine information collected from or about you from these sources, including publicly available data, to ensure compliance with legal and regulatory requirements.

Information We Collect From You. – We may collect information directly from you through our Site and Services. The information we collect depends on your interaction with our Site and Services. If you create an account with us, we will collect name, date of birth, email address, password, and user name for ProducePay’s creation of a user in the platform, contact details, as well as other corporate information, such as corporate financial information, incorporating documents, business partners information, powers of attorney, (if applicable), legal name, location or address of your company, average annual sales record and signed contracts. If you get in touch with us through our Site, we will collect your name, email address, and whether you are a produce grower, shipper, marketer, or distributor, and primary commodities you trade or will trade. We will also collect any other information that you provide to us through our Site or Services, such as your phone number, driver’s license information, passport information, or other government-issued identification, or responses to any surveys we conduct. If you use our Platform Service, we may collect from you the following information: (i) the commodities you trade or will trade, including their varieties, trading quantities, shipment and arrival dates, and product inspection dates. (ii) Quality Control Application. Relevant Product information such as: shipment manifest number, pallet number, tracker number, pallet lot number, pallet packing date, pallet shipping date, pallet inspection date, packing type, inspector name, waybill number, grower pallet number, commodity variety, identification of each defect in the Produce, percentage incidence of each defect , case weight, temperature in which the Produce is being transported, size distribution detected on pallet, remarks on pallet, photos and or images of individual packaging, photos and or images of UPC code/label, photos and or images of entire pallet, photos and or images of Produce to demonstrate weight, photo and or images of case to show design and illustrations, photos and or images of each defect detected, photos and or images to show size distribution, and photos and or images to demonstrate brix . (iii) ProducePay transaction management system. Purchase order and shipment number, container identification and/or trailer number, total number of cases, line item breakdown with number of each case, date of arrival of Produce, name and identification of port or warehouse of arrival and departure, information regarding the rejection or acceptance of the case, load, shipment and/or Produce, departure date of Produce, name and identification of vessel transporting Produce, name of carrier company, final destination of Produce, retailer specification, master bill of lading number and information on dates of shipment and receipt of Product to customer. (iv) Financial Transaction Details. Information concerning the financial value of the shipments, including Gross Market Value (GMV), any applicable deductions, and net proceeds, to the extent relevant to the transaction. (The information above collectively will be referred to as “Observable Information”).

Public Information We Collect About You. Public information refers to data that is legally accessible to the public, such as business registrations, sanctions list, or credit reports. Examples include company names, registration numbers, and sanctions status. When you use our Services, we may collect public information about you as part of our Due Diligence and compliance procedures. This information may include the following: public records regarding the legal status of land or assets from sources such as the Universal Commercial Code (UCC), the Registro Único de Garantías Mobiliarias (RUG) in Mexico, the Super Intendencia de los Registros Publicos (SUNARP) in Peru, as well as any other publicly available records in the countries where you operate or conduct business; public information regarding your legal standing with competent authorities, such as the Office of Foreign Assets Control (OFAC); public information about your status or involvement with international organizations, such as the Inter-American Development Bank (IADB) and the World Bank (WB), for purposes of compliance with anti-corruption and anti-money laundering regulations; public information about you regarding your legal status such as local or international lawsuits, regulatory actions, or complaints from sources such as Truora; public information about you regarding international compliance and if you are related or have a position within any government through platforms like Accuity; and public information, including news articles, reports, and online similar content, from sources such as Google, Yahoo, and social media platforms.

Information We Automatically Collect About You.- When you access our Site or use our Services, we automatically collect certain technical and transactional information about your use of the Site, including without limitation, your Internet protocol (IP) address, the type of browser you are using, information about the device you are using, domain name, referring website, the website to which you go after leaving our Site, your location, and the dates and times you access our Site. Please see our Cookies and Other Tracking Mechanisms section below for more information. We also automatically collect certain service-related information about your use of our Site and Services, including without limitation, the type of produce involved in your transaction, price, volume, fees, and identity of producers or distributors.

Sensitive Information We Collect From You.- We may collect certain sensitive information either directly from you or through our service providers, strictly for identity verification and compliance purposes, including a copy of your passport, driver’s license, voter’s ID; precise geolocation data; bank account details, financial operations, credit bureau and biometrics for the only purpose of authentication and identity verification. We do not collect information revealing racial or ethnic origin, health status, genetic information, religious, philosophical, and moral beliefs, union membership, political opinions, or sexual preferences. We will require explicit consent for the use and collection of your personal sensitive information.

User-Generated Content

Our Services allow you to post content, including ratings, comments, photos, messages, and other information that you choose to share on our Site (collectively, “Content”). Depending on the nature of the Content you submit to our Services, it may be Publicly Available: Certain Content, such as your profile or comments, may be accessible to all registered users of our Services and Privately Shared: Some Content, such as direct messages, may only be visible to specific users.

By posting Content on our Site or Services, you acknowledge and agree that such Content may become publicly accessible. We cannot control how others may use or share your Content, including in ways that could violate this Privacy Policy, applicable laws, or your personal privacy.

Content does not include information classified as sensitive data under applicable laws, including California state law and other national or international regulations.

How We Use Your Information

We may use your information, including personal information, sensitive information, and Content, for the following purposes: operate, provide, maintain, and improve our site and Services. We may use your information as a requirement to elaborate and execute contracts, agreements, notices, letters, opinions, and other similar documents for Services implementation; to improve our Site, Services, and user experience (developing new features, products, or services); to perform technical operations, such as software updates; and security enhancements; to provide and improve customer service and support.

Marketing and Communications. We may use your information to communicate with you about your account and use of our Site and Services; respond to your inquiries and provide customer support, send you news, newsletters, special offers, promotions, and other content that may interest you; and conduct other informational, marketing, or promotional activities, subject to applicable laws and your communication preferences.

Research and Analytics. We may use your information to analyze how you interact with our Site and Services; monitor and analyze usage patterns, trends and activity levels, and conduct research, analytical, and statistical evaluations to improve our offerings.

Protecting Rights and Interests. We may use your information to protect the safety, rights, property, or security of ProducePay, our Site and Services, third parties, and the general public; detect, prevent, or otherwise address fraud, security, or technical issues; prevent or stop activities that ProducePay, in its sole discretion, deems to be, or pose a risk of being an illegal, unethical, or legally actionable activity; use as evidence in legal proceedings; and enforce this Privacy Policy and our Terms of Use.

Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

Retention of Your Information

We will retain your personal and sensitive information for as long as necessary to fulfill the purposes for which it was collected and for the duration of the Services provided to you. Additionally, we will retain your personal information as required by applicable data protection laws. Once Services have concluded, we may continue to retain your information as necessary to comply with legal, regulatory or contractual obligations, resolve disputes, enforce our agreements, protect our rights, property, or interests, maintain records for auditing, compliance, or security purposes or in any other cases required by the aforementioned laws. You may request the deletion of your data, subject to the exceptions provided under applicable data protection laws.

If you have any questions regarding the Term We use Your Information or your rights, please contact us at legal@producepay.com where our Data Protection Officer will solve any of your concerns regarding this Privacy Policy.

How We Disclose Your Information

We may disclose your information, including personal information and Content, as described in this Privacy Policy or as described to you at the time of collection or disclosure. We may disclose your information, including personal information and Content, to the following entities:

ProducePay Users. We may disclose your information to ProducePay users to provide our Services.

Affiliates. We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy.

Investors. We may disclose your information with our current or future investors as part of business operations, fundraising activities, or company performance evaluations. This information will be disclosed solely for the purpose of maintaining transparency and supporting our growth efforts. We ensure that any such sharing of your data complies with applicable privacy laws and regulations.

Service Providers. We may disclose your information and Content to our vendors, service providers, agents, or others who perform functions on our behalf. This includes but is not limited to financial institutions for payment processing, IT service providers, analytics providers, and marketing partners. These third parties are contractually required to maintain the confidentiality and security of your information.

Platform. We may share your information, as described in the section ‘Information we collect’, specifically the data collected through the Platform, with other members or users of the Platform. This disclosure is made solely to enable the provision of the Services for which the Platform is used. Such sharing is carried out under strict contractual and technical controls and is strictly limited to the minimum amount of information necessary to enable members and users to access the relevant features or perform actions essential to the Service. Wherever possible, information is shared anonymously or de-identified form, ensuring the protection of the identity and confidentiality of the information or person disclosing the information.

We take appropriate organizational and technical measures to protect any shared information and do not authorize members or users to use such information for secondary, unrelated or commercial purposes outside the scope of the intended Platform Service.

Business Transfers. We may disclose your information and Content to another entity as part of a business transaction, such as a merger, acquisition, sale, or transfer of assets, bankruptcy proceeding, including during negotiations related to such transactions, or as part of any other similar business transfer.

Protecting Rights and Interests. We may disclose your information if necessary to protect the safety, rights, property, or security of ProducePay, the Site, the Services, third parties, or the general public; detect, prevent, or address fraud, security, or technical issues; prevent or stop activities that ProducePay, in its sole discretion, may consider to be, or pose a risk of being, an illegal, unethical, or legally actionable activity support litigation or legal enforcement efforts; enforce this Privacy Policy and our Terms of Use.

Legal Compliance. We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.

Aggregate and De-Identified Information. We may disclose aggregated, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes. We take reasonable measures to ensure that any third party receiving your data complies with applicable privacy laws and implements adequate safeguards to protect your information.

Your Rights Regarding the Sharing of Data

You have the right to opt out of the sharing of your personal and/or sensitive information at any time. If you wish to exercise this right, you may do so by contacting us to the email: legal@producepay.com where our Data Protection Officer will solve any of your concerns regarding this Privacy Policy. Once we receive your request, we will cease any future sharing of your personal data with third parties.

Where required by law, we will obtain your explicit consent before sharing your data. Additionally, you have the right to withdraw your consent at any time or object to the processing of your personal data for such purposes by contacting us directly.

Additionally, we do not share the personal data of minors under the age of 18 (eighteen) without obtaining prior consent from a parent or legal guardian, in compliance with applicable laws.

Cookies and Other Tracking Mechanisms

We, along with our service providers and third-party partners, use cookies and other tracking technologies to track information about your interactions with our Site and Services. This data may be combined with other information we collect, including personal information, to enhance functionality, improve user experience, and for analytical purposes. A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. We or our service providers use cookies to track user activities on our Site, such as the pages visited and time spent on our Site, improve navigation and personalize your experience, analyze trends, and administer our Site. Most web browsers allow users to manage cookie settings, including refusing or disabling cookies. Please note that disabling cookies may impact your ability to access certain features of our Site. In addition to cookies, we may also use clear GIFs, pixel tags, web beacons, and similar tracking technologies to track the activities of Site visitors, help us manage content, and compile statistics about Site usage. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also known as web beacons, web bugs, or pixel tags). We and our third-party service providers may also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. We and our service providers may utilize tracking mechanisms in our Services, including but not limited to screen reproduction, session replay, and other analytical tools, to monitor and analyze interactions with our platform. These tools are used to better understand user behavior, diagnose technical issues, improve platform functionality, and enhance the overall user experience. The types of data collected through these tracking mechanisms may include, but are not limited to:

Mouse movements, clicks, scrolling activity, and keystrokes entered in non-sensitive fields;
Device and browser information, such as IP address, operating system, and screen resolution;
Navigation patterns, time spent on specific pages, and interactions with platform features.

This data is used solely for the purposes described above, and any collection or use of information will comply with applicable privacy laws and regulations.

Third-Party Analytics

We may use third-party analytics providers, including but not limited to, Google Analytics, Pendo, and HubSpot CRM, to analyze and evaluate how users interact with our Site and Services. We or our service providers help us monitor and improve performance, functionality, and user experiences. Understand user behavior and engagement patterns. Optimize and enhance our Site and Services based on usage trends.

These third parties may use cookies, web beacons, local storage objects (LSOs), and similar tracking technologies, to collect and process data on our behalf. Their use of such technologies is governed by their respective privacy policies, and we encourage you to review them for more information.

Do Not Track Disclosure

Our Site does not respond to Do Not Track signals. For more information about Do Not Track signals, please click here.

Third-Party Links

Our Site and Services may include links to third-party websites, applications, or services that are not owned, operated, or controlled by us. When you click on these links, you may be redirected to a third-party platform, where different privacy policies and terms of service apply. We do not assume responsibility for the privacy practices, security measures or data collection policies of any third-party websites or applications. We strongly recommend reviewing their privacy policies and terms before providing any personal or sensitive information. Your interactions with third-party websites, applications, or services are at your own risk, and we are not liable for any misuse, unauthorized access, or data breaches that may occur through those platforms.

International Data Transfers

We operate globally, and your personal information may be transferred to, stored, and processed in jurisdictions outside your country of residence, including the United States, where data protection laws may differ from those in your jurisdiction. By using our Services, you acknowledge and agree that your data may be transferred to countries that may not provide the same level of data protection as your home country.

Where required by law, we implement appropriate safeguards to protect your personal data when transferring it internationally. These safeguards may include Standard Contractual Clauses approved by applicable regulatory authorities, binding corporate rules, or other lawful transfer mechanisms. If you require further information about these safeguards, you may contact us at legal@producepay.com

Security

We implement reasonable administrative, technical, and physical safeguards to help protect the personal and sensitive information we collect. All Data is stored securely and protected against unauthorized access or misuse. While we strive to use industry-standard security measures to protect your data, however, no system is completely secure, and we cannot guarantee absolute protection against unauthorized access, disclosure, alteration, or destruction of your information.

You are responsible for maintaining the security of your account credentials and devices. To enhance protection, we recommend: using a strong, unique password that nobody else can easily guess, updating your password periodically, and keeping your login credentials confidential and not sharing them with anyone, enabling multi-factor authentication (MFA) if available, and being cautious of phishing attempts or suspicious activities requesting your personal data.

We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Your Rights

Under the applicable data protections laws, you have the right to receive, access, correct, modify, limit, delete, revoke authorization or consent, complain or oppose the use of the personal and sensitive information that you have provided to us. To exercise these rights, you can email us at legal@producepay.com where our Data Protection Officer will arrange for ProducePay to assist you with any concerns related to this Privacy Policy. Please note that requests may take some time to process, but we aim to respond promptly.

If you request to receive back the personal and or sensitive information you provided us, we will remit all the copies to you in a structured, commonly used, and machine-readable format within a reasonable time frame. While we will honor your requests to update, modify, or delete your data, please note that copies of your information, including updates, modifications, or deletions may remain viewable in cached and archived pages of the Site or Services for a limited time.

We may send you periodic promotional emails to you. However, you can opt out of receiving these communications by following the opt-out instructions included in any email. Please be aware that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information, we may still send you account-related emails or information about the Services you have requested or received from us. You have the right to exercise your rights listed above or any other rights, such as your right to opt-out, and Produce Pay will not discriminate against you or take or initiate any retaliatory action against you.

Right Not to Be Subject to Automated Decisions

You have the right not to be subject to decisions based solely on automated processing, including profiling, which has legal effects concerning you or similarly significantly affects you. In the ordinary course of our operations, we do not make automated decisions that would result in legal effects or significant consequences for you.

However, we or our service providers, may utilize artificial intelligence (AI) or other automated systems to assist in data analysis and service improvement; however, any decisions made through these systems are not based solely on AI processing. All final decisions are subject to human oversight to ensure fairness, accuracy, and compliance with applicable laws.

If we decide to engage in fully automated decision-making in the future, we will notify you in advance. We will also provide you with detailed information about your rights in this regard, including the option to contest the decision or request human intervention, as appropriate and per relevant legal frameworks.

Children

Our Site and Services are not intended for children under 18 years of age, and we do not knowingly collect, use, or share personal information from children under 18.

If we become aware that a child under 18 has provided us with personal information, we will promptly delete such personal information from our systems.

Under no circumstances will we collect, share or sell information from minors under the age of 13. If, obtaining information from a minor between the ages of 13 and 18 is absolutely necessary for the properly fulfillment of our Services,

If obtaining information from a minor between the ages of 13 and 18 is absolutely necessary for the proper fulfillment of our Services, we will require explicit consent from a custodial parent or legal guardian before collecting or processing such information.

Contact Us

ProducePay welcomes your questions or comments regarding the Terms:

Produce Pay Inc.
447 S Hewitt St., Suite B, Los Angeles, CA 90013
Email Address: admin@producepay.com

Or reach out to our Data Protection Officer:
Attn: Produce Pay Legal Department
Email: legal@producepay.com

Changes to this Privacy Policy

This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes, including any material changes, to this Privacy Policy on our Site and if applicable, we will get your explicit consent regarding the sensitive information in accordance with the applicable Data Protection Laws.

Governing Law and Dispute Resolution

This Privacy Policy and any disputes related to it shall be governed by and interpreted per the laws of the State of California, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to this Privacy Policy, including its interpretation, enforcement, or validity, shall be exclusively resolved in the state or federal courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction and venue of such courts and waive any objections based on improper venue or forum non conveniens.

By using our Services, you agree to waive any right to participate in a class action lawsuit against us.

Notifications

Any notification regarding your Rights and any other matter regarding this Privacy Policy may be sent by email to the last address you provided to us, by publishing them on our Site and or Services, as well as by other means, in accordance with current legislation.