Privacy Policy

Your privacy is important to Produce8 Inc. (“P8”, “we”, “us” or “our”). It is our policy to respect your privacy and comply with applicable laws and regulations regarding any personally identifiable information (“PII”) we may collect about you, including across our website, https://www.produce8.com and other sites we own and operate.

PII is any information about you which can be used to identify you. This may include information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

In the event the Site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use PII. This Privacy Policy does not apply to any of your activities after you leave our site.

This Privacy Policy is incorporated into the Terms of Service and forms part of the legally binding agreement between you and P8. Unless expressly defined in this Privacy Policy, defined terms have the meanings ascribed to them in the Terms of Service.

We reserve the right to review and amend this Privacy Policy in our sole discretion. Any amendment of this Privacy Policy will take effect immediately upon the date of publication.

This Privacy Policy was last amended and published on August 25, 2022.

Information We Collect

Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.

“Voluntarily provided” information refers to any information you knowingly and actively provide us when accessing and using the Services.

“Automatically collected” information refers to any information automatically sent by your devices when accessing and using the Services.

Log Data

When you visit the Site, our servers may automatically log the standard data provided by your web browser, which may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

Additionally, if you encounter certain errors while using the Site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

Device Data

When you visit the Site or access and use the Services, we may automatically collect data about your device, such as:

• device type
• operating system
• geo-location data

Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal Identifiable Information (PII)

We may ask for PII — for example, when you subscribe to our newsletter or when you contact us — which may include one or more of the following:

• name
• email or physical address
• phone/mobile number
• transaction data

Transaction data refers to data that accumulates over the normal course of operation of the Services. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services.

Legitimate Reasons for Processing Your PII

We only collect and use your PII when we have a legitimate reason for doing so, and we only collect PII that is reasonably necessary to provide the Services to you.

Collection and Use of Information

We may collect PII from you when you do any of the following on our website:

• register for an account,
• purchase a subscription,
• sign up to receive updates from us via email or social media channels,
• use a mobile device or web browser to access the Services,
• contact us via email, social media, or on any similar technologies,
• when you mention us on social media.

We may collect, hold, use, and disclose information for the following purposes, and PII will not be further processed in a manner that is incompatible with these purposes:

• to provide you with the Service’s core features and services,
• to deliver the Services to you,
• to contact and communicate with you,
• for analytics, market research, and business development, including to operate and improve the Site and the Services,
• to enable you to access and use the Site and the Services.

We may combine voluntarily provided and automatically collected PII with general information or research data we receive from other trusted sources. For example, if you provide us with your location, we may combine this with general information about currency and language to provide you with an enhanced experience of the Site and the Services.

Security of Your PII

When we collect and process PII, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the PII you provide to us, no method of electronic transmission or storage is 100% secure or provides absolute data security.

You are responsible for selecting your password and its overall security strength, ensuring any passwords associated with accessing your PII and accounts are secure and confidential and thus ensuring the security of your own information within the context of the Services.

How Long We Keep Your PII

We keep your PII only for as long as we need to. This time period will vary depending upon what we are using your PII for in accordance with this Privacy Policy. For example, if you have provided us with PII as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your PII information is no longer required for this purpose, we will delete it or anonymize or de-identify it by removing all details that identify you. P8 uses industry standard techniques and procedures to remove or modify PII so it is no longer personally identifiable to you. However, if necessary, we may retain your information for compliance with legal, accounting, or reporting obligations, for archiving purposes in the public interest or for scientific or historical research purposes or statistical purposes.

Children’s Privacy

We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect PII about children under 13. The minimum age for accessing and using the Services is 19.

Disclosure of PII to Third Parties

We may disclose PII to:

• a parent, subsidiary, or affiliate of P8,
• third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators,
• our employees, contractors, and related entities,
• our existing or potential agents or business partners,
• credit reporting agencies and courts, tribunals, and regulatory authorities, in the event you fail to pay for the Services you have accessed and used,
• courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or to establish, exercise, or defend our legal rights,
• third-party service providers, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you,
• third-party service providers to collect and process data,
• and an entity that purchases our company or to which we transfer all or substantially of the company’s assets and business.

Third-party service providers we currently use include:

• Google Analytics
• LogRocket
• HubSpot
• Amazon Web Services

P8’s third-party service providers use industry standard techniques and procedures to anonymize and de-identify PII.

International Transfers of PII

The PII we collect is stored and/or processed in the United States and Canada or in other countries where our third party service providers maintain facilities.

The countries in which we store, process, or transfer your PII may not have the same data protection laws as the country in which you initially provided the information. If we transfer your PII to third party service providers in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred PII in accordance with this Privacy Policy.

Your Rights and Controlling Your PII

Your choice: By providing PII to us, you understand we will collect, hold, use, and disclose your PII in accordance with this Privacy Policy. You do not have to provide PII to us, however, if you do not, it may affect your use of the Site and the Services you may access and use.

Information from third parties: If we receive PII about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing PII about somebody else, you represent and warrant that you have that person’s consent to provide their PII to us.

Marketing permission: If you have agreed to us using your PII for direct marketing purposes, you may change your mind at any time by contacting us at the e-mail address at the bottom of this Privacy Policy.

Access: You may request details of the PII that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us at the e-mail address at the bottom of this Privacy Policy. We will take commercially reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your PII pursuant to this Privacy Policy. Unless your PII is required to provide you with the services you have requested or require (for example processing transaction data), we will not deny you access to the Services or charge you different prices or rates, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level of services, merely because you have exercised your rights over your PII pursuant to this Privacy Policy.

Notification of data breaches: We will comply with applicable laws in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us at the e-mail address at the bottom of this Privacy Policy and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us at the e-mail address at the bottom of this Privacy Policy or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

Use of Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

Please refer to our Cookie Policy for more information.

Business Transfers

If our company or our company’s business and assets (collectively, the “Company”) are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your PII, among the assets transferred to any parties who acquire the Company. You acknowledge that such transfers may occur, and that any parties who acquire the Company may, to the extent permitted by applicable law, continue to use your PII according to this Privacy Policy, which they will be required to assume.

Limits of this Privacy Policy

The Site may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.

Changes to this Privacy Policy

At our discretion, we may change this Privacy Policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this Privacy Policy, we will post the changes here at the same link by which you are accessing this Privacy Policy.

If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed Privacy Policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your PII.

ADDITIONAL DISCLOSURES FOR GENERAL DATA PROTECTION REGULATION (GDPR) COMPLIANCE (EU)DATA CONTROLLER / DATA PROCESSOR

The GDPR distinguishes between organisations that process PII for their own purposes (known as “data controllers”) and organizations that process PII on behalf of other organizations (known as “data processors”). We, Produce8 Inc., located at the address provided in our Contact Us section, are a Data Controller with respect to the PII you provide to us.

Legal Bases for Processing Your PII

We will only collect and use your PII when we have a legal right to do so. In which case, we will collect and use your PII lawfully, fairly, and in a transparent manner. If we seek your consent to process your PII, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your PII for that specific purpose. The minimum age for accessing and using the Services is 19.

We only collect and use your information on the following grounds:

• Consent From You: When you give us consent to collect and use your PII for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however, this will not affect any use of your information that has already taken place. You may consent to providing your email address for the purpose of receiving marketing emails from us. While you may unsubscribe at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this Privacy Policy.
• Performance of a Contract or Transaction: When you have entered a contract or transaction with us, or to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you purchase a product, service, or subscription from us, we may need to use your personal and payment information to process and deliver your order.
• Our Legitimate Interests: When we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve, and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
• Compliance with Law: In some cases, we may have a legal obligation to use or keep your PII. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain PII to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this Privacy Policy.
• International Transfers Outside of the European Economic Area (EEA): We will ensure that any transfer of PII from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your PII

• Restrict: You have the right to request that we restrict the processing of your PII if (i) you are concerned about the accuracy of your PII; (ii) you believe your PII has been unlawfully processed; (iii) you need us to maintain the PII solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing based on legitimate interests.
• Objecting to processing: You have the right to object to processing of your PII that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, to proceed with the processing of your PII.
• Data portability: You may have the right to request a copy of the PII we hold about you. Where possible, we will provide this information in CSV (comma-separated value) format or other easily readable machine format. You may also have the right to request that we transfer this PII to a third party.
• Deletion: You may have a right to request that we delete the PII we hold about you at any time, and we will take reasonable steps to delete your PII from our current records. If you ask us to delete your PII, we will let you know how the deletion affects your use of the Site or the Services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your PII within 10 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your PII that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

ADDITIONAL DISCLOSURES FOR CALIFORNIA COMPLIANCE (US)

Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.

To make such a request, please contact us at the e-mail address at the bottom of this Privacy Policy with “Request for California Privacy Information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of PII we revealed to other organisations for their marketing purposes in the last calendar year, along with their names and addresses. Not all PII shared in this way is covered by Section 1798.83 of the California Civil Code.

Do Not Track

Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. Currently, we do not respond to browser “Do Not Track” signals.

We adhere to the standards outlined in this Privacy Policy, ensuring we collect and process PII lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.

Cookies and Pixels

At all times, you may decline cookies from the Site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.

California Consumer Privacy Act (CCPA) Permitted Financial Incentives

In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the Services.

Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your PII, and we will provide written terms that clearly describe the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Notice of Collection

In the past 12 months, we have collected the following categories of PII enumerated in the California Consumer Privacy Act:

• customer records, such as billing and shipping address, and credit or debit card data,
• geolocation data.

For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section of this Privacy Policy. We collect and use these categories of PII for the business purposes described in the “Collection and Use of Information” section of this Privacy Policy, including to provide and manage the Services.

Right to Know and Delete

If you are a California resident, you have rights to delete your PII we collected and know certain information about our data practices in the preceding 12 months. You have the right to request the following from us:

• the categories of PII we have collected about you,
• the categories of sources from which the PII was collected,
• the categories of PII about you we disclosed for a business purpose or sold,
• the categories of third parties to whom the PII was disclosed for a business purpose or sold,
• the business or commercial purpose for collecting or selling the PII, and
• the specific pieces of PII we have collected about you.

To exercise your right to request any such information, please contact us at the e-mail address at the bottom of this Privacy Policy.

Shine the Light Law

If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the way we share certain PII as defined by California’s “Shine the Light Law” with third parties and affiliates for their own direct marketing purposes.

To receive this information, please send us a request to the e-mail address at the bottom of this Privacy Policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

Contact Us

For any questions or concerns regarding your privacy or to exercise any of your rights described in this Privacy Policy, you may contact us at the following e-mail address: admin@produce8.com

Terms of Service / Acceptable Use Policy / Cookie Policy