Privacy Policy
Effective Date: March 17, 2025
At GradableⓇ we are committed to protecting your privacy. We understand the responsibility that comes with you entrusting us with your data. This Privacy Policy (“Policy”) explains how Gradable, LLC and its affiliates (“Gradable”, “we”, “our”, or “us”) collect, use, disclose, and safeguard your information when you access or use our online platform, websites, mobile applications, white-label applications powered by Gradable, and any related services or tools (collectively, the "Services").
1. SCOPE
Gradable operates a technology-enabled platform designed to facilitate grain transactions between agricultural producers ("Producers" or "Farmers") and grain buyers, and to support sustainable agricultural practices (the “Gradable Platform”). Our platform includes services such as managing grain contracts, submitting and accepting bids and offers, accessing transaction data (e.g., contracts, scale tickets, and settlements information), and enrolling and participating in sustainability programs designed to promote low-carbon, regenerative agriculture, and compliance with regulatory requirements.
This Privacy Policy applies to all data we collect, whether online or offline, in connection with:
Gradable’s websites and related online portals,
Our mobile applications,
Any white-label applications powered by Gradable, and
Offline interactions such as phone calls, email communications, in-person meetings, or postal mail.
This Privacy Policy is incorporated into and made a part of our Terms of Service. By using Gradable’s Services—or otherwise providing us with your information in connection with the Services— you acknowledge and accept the terms of this Privacy Policy and our Terms of Service and consent to our collection, use, disclosure and retention of your information as described in this Policy.
If you have not done so already, please also review our Terms of Service. Disputes about this policy or relating to the Services generally must be resolved by binding arbitration and on an individual basis only as specifically set forth in the Terms of Service.
IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.
The Effective Date of this Privacy Policy is set forth at the top of this Policy. Whenever possible, we will provide you with advance written notice of our changes to this Privacy Policy. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.
If you have any questions about this Privacy Policy or our data practices, please contact us using the information provided at the end of this document.
2. INFORMATION WE COLLECT
We collect various kinds of information that you provide to us as well as information we obtain from your use of the Services, and from third parties. Some of the types of information that we collect include:
Information You Provide Directly:
Personal Information: Information associated with or used to identify or contact a specific person. Personal Information includes: (1) contact information (such as e-mail address, telephone number, home address, work address, and employer); (2) identification and demographic data (such as gender, date of birth and zip code); (3) account and profile information, including username and credentials, privacy settings and notification preferences, pictures, and other information you add to your account; (4) certain Usage Data (defined below), such as IP address; and (4) business relationship information, including information relating to your agreements with third parties, preferences, etc.
Farm Enterprise Information (“Ag Data”): Agronomic data, crop information, sustainability data (carbon intensity, regenerative agriculture practices, biodiversity impact), farm management practices, planting data, land data, machine data, and other related business information that you may send or provide to us related to your activity and transactions on or with our Services.
Activity and Transaction Information: Details regarding your participation in sustainability programs, the features and functionality you used or interacted with, and grain bids, offers, executed contracts, scale tickets, delivery tickets, settlements information, payment methods, and other related transaction data (“Transaction Data”) that you may send or provide to us in connection to your access and use of our Services.
Grower Content: Any user-generated text, photographs, images, documents, or other submissions uploaded or posted by you (or on your behalf) to the Services, such as feedback, inquiries, support requests, survey responses, and communications (including SMS/text messages, chats, phone calls, and emails) or other information you choose to provide to us.
When we refer to “Data” in this Policy, we mean all four types of data defined above collectively. When we say “Your Data,” we mean the Data you own and license to us under the Terms.
Information Collected Automatically:
Usage Data: Information about the computers, phones, and other devices you use to interact with Gradable or our Services, such as IP address, browser type, operating system, access times, pages visited, and general usage statistics. (Generally, we do not consider Usage Data as Personal Information because Usage Data by itself usually does not identify an individual. Personal Information and Usage Data may be linked together. Different types of Usage Information also may be linked together and, once linked, may identify an individual person. Some Usage Data may be Personal Information under applicable law.)
Location Data: If you have consented by enabling location access, we may collect precise location data to provide location-based features or services. You may use our Services without enabling the collection of precise location information from your device; however, this may impact your experience including the availability of certain content, features and functionality.
Information from Third Parties
We may receive information from grain buyers, sustainability program partners, third-party applications and platforms, grain accounting systems, account authentication services that are linked to our Services and other entities you authorize to share your data with us. This information may include account details, commodity pricing data, Transaction Data, Ag Data, and other agronomic information necessary to provide or enhance our Services.
We may use third-party service providers in connection with collecting Usage Data, including but not limited to Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. This helps us conduct research and analytics, and for marketing purposes in accordance with applicable law. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
We may also use a third-party marketing software from a company called Marketo to send promotional emails. As mentioned above, we use cookies as part of tracking so we have information on email open rates and click through rates, as well as to track activity on our website. For example, we use Marketo cookies to see if an individual who opens an email then visits other parts of our website. This helps us update, expand, and analyze our records, identify new users, and create more tailored advertising to provide services that may be of interest to you. For more information on Marketo’s privacy and cookie policy, please see Marketo’s privacy policy and other disclosures: https://www.marketo.com/company/legal/.
3. GRADABLE’S SERVICES AND PLATFORM
Gradable offers the Gradable Platform to facilitate grain transactions between agricultural producers and grain buyers, and to support sustainability programs (e.g., low-carbon intensity, regenerative agriculture). Depending on the services you elect to use:
Grain Transactions: You can manage bids, offers, execute grain contracts, and access Transaction Data, such as scale tickets and settlements information.
Sustainability Programs: You may enroll in initiatives designed to measure carbon intensity, biodiversity, or other sustainability metrics, and share relevant agronomic data to meet compliance requirements or certification standards.
Note: The Data you share or allow to be imported may be used throughout your Gradable account, not merely within individual features.
4. HOW WE COLLECT INFORMATION
When you interact with the Gradable Platform via our websites and mobile application(s) or use our Services, we may collect information and other Data from you. The information that we receive about you depends on the context of your interactions with our Services, how you configure your Gradable account and the choices that you make – including what tools, features, and functionality you access or what data you choose to add to your account. The information you provide may also depend upon what Services you use, your location, and applicable law. Access to some Services, such as enrolling in sustainability programs, require you to provide information for program participation. If you do not wish to provide the required information you may not be able to access or use certain features of the Services.
Creating a Gradable Account. We collect Your Data when you create or modify your Gradable account, set preferences, use Gradable Services, or provide any other information or data to access or utilize our Services. For example, through the account registration process and/or through your account settings, we may collect certain Personal Information (e.g., your name, email, farm enterprise info).
Transaction and Contract Information. If you participate in grain transactions through the Services, we collect data on bids, offers, executed contracts, scale tickets, purchase or sales records, and other relevant transaction details.
Sustainability Program Data. If you enroll in a sustainability program, we collect Ag Data such as field boundaries, crop plans, crop nutrition and crop protection plans, farm energy use and emissions, irrigation use,, and other practice-based information to facilitate compliance, outcomes measurement, and reporting.
From Gradable Partners. We may receive Your Data from our Gradable Partners, such as in connection with your participation in a sustainability program or the bids and offers functionality offered by a grain buyer and facilitated by Gradable, if you have authorized that sharing.
From Grain Buyers. If a third party grain buyer has integrated its grain accounting system with our Services and you consent to create a link between your account with our Services and the grain buyer’s grain accounting system, we may receive information from the grain buyer in connection with such integration to enable you to access certain Transaction Data with that grain buyer, such as executed contracts, scale tickets, and settlements information.
Customer Support, Product Research and Feedback. We may collect information when you reach out to us for support, give us feedback, participate in surveys, product research or training and you choose to share. For example, we may collect your Ag Data when you seek support with enrolling in a sustainability program.
Usage Data. We may collect usage information such as the pages you viewed, the features you use, your browser type and details about any links with which you interact.
Location information. We may collect precise location information to provide you with personalized, location based-services and content if you grant permission to do so in your device settings. Such location-based technology is integral to the functionality of the Gradable mobile application.
Automatically Through Our Services. We may collect information about your device such as Internet Protocol (“IP”) addresses, log information, error messages, device type, and unique device identifiers. For example, we may collect IP addresses from you as part of our sign in and security features. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Communications. If you communicate with us via telephone, online conference or other electronic means of communication, we may record that communication in accordance with applicable laws.
Through Cookies and Similar Technologies. Whenever you interact with our Services, we may use commonly used tools such as cookies, web beacons, pixels, local shared objects and similar technologies (collectively "cookies") to collect information about you so we can provide the experiences you request, recognize your visit, track your interactions, and improve your and other users' experience. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Services.
Publicly Available Sources. We may collect business-related data from open government databases, public websites, or other lawful sources to validate or enrich our records.
5. HOW WE USE YOUR INFORMATION
We collect and process your information only where we have a valid legal basis. In most cases, this is to fulfill our contractual obligations to you under the Terms of Service (e.g., facilitate transactions, deliver sustainability program data) or based on legitimate business interests (e.g., platform administration). Specifically, we may use the information we collect for any of the following purposes:
to establish and manage our relationship with you, including providing you with our Services, setting up your Gradable account, verifying your Personal Information or Ag Data; enabling bid/offer functionality, facilitating access to Transaction Data such as scale tickets, and access to other Gradable Platform features and tools;
to facilitate sustainability initiatives, evaluate your eligibility for sustainability programs; measure, analyze, and report on low-carbon or regenerative agriculture practices, manage sustainability program enrollment, and monitor compliance with relevant certifications;
to operate, improve and update our products and services we offer;
to communicate with you, send account updates, respond to support requests, provide marketing or educational materials (subject to your preferences);
with your consent, to integrate with third-party services, share or receive data from grain buyers, accounting systems, or other apps to streamline operations;
to protect the rights, property, safety or security of the Gradable Platform, our users, employees or others and prevent errors, fraud or illegal activity;
to enable us to comply with applicable laws or regulatory requirements;
to enforce or apply our Terms of Service or other applicable policies; and
for any other permitted business purposes.
Please note that, in order to provide you with a better experience and to improve the Services, information collected through the Services may be used in an aggregated or individualized manner. For example, we may analyze aggregated or anonymized data for market trends, benchmarking, or product enhancements. Once data is aggregated or de-identified in this manner, it is no longer considered Your Data under this Policy. We may use, share, and retain aggregated or anonymized data for any legitimate business purpose, including internal analytics, research, and product development. This aggregated data does not identify individual users and is owned by Gradable.
6. HOW WE SHARE YOUR DATA
We believe farmers own the information generated by their farming operations. Gradable will not sell your data. We may share and disclose information as described at the time information is collected or as follows:
at your request or to complete a transaction for which Your Data was collected;
provide a service to you;
assist you in exercising your rights with respect to Your Data;
detect security incidents or illegal activity;
conduct our regular business activity including quality assurance and marketing to you; and
as permitted or required by applicable laws or regulatory requirements, including, but not limited to, comply with search warrants, subpoenas or court orders.
We may share Your Data for the purposes listed within this Policy to the following categories of recipients:
internally across Gradable affiliates with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. We require our affiliates to maintain the confidentiality and security of Your Data they maintain on our behalf;
your agents, representatives, and other persons acting on your behalf or to whom you instruct or authorize us to disclose Your Data with;
third parties that are necessary to administer services to you or the entity you represent or are associated with, such as third-party IT, data processing and analytics platform service providers we utilize so we can operate our business. We do not reveal personally identifiable Data to parties outside our affiliates for their independent use unless: (1) you request or authorize it; (2) the information is provided to help complete a transaction initiated by you; or (3) the disclosure otherwise is lawfully permitted or required. Any third-party service providers which are engaged by us must agree to follow the privacy standards set by this Policy or similar standards;
our agents and representatives, such as attorneys, auditors, and other professionals;
government, legal regulatory, supervisory, or other authorities under applicable laws;
prospective purchasers and assignees in the event our business, or a portion thereof, is sold or assigned; and
other third parties as may be required for the purposes set forth within this Privacy Policy, or where we have obtained the appropriate authorization if required. Your Data may be transmitted to/from and stored by us or third party service providers in the U.S., Canada, and other countries such as Romania where we conduct engineering and software development. As such, Your Data may potentially be accessible to the law enforcement and national security authorities of those jurisdictions.
Sharing Your Data with Other Professionals
Please note that the Gradable Services may allow you to share Your Data with other parties, including individuals or businesses with professional accounts, such as agronomists, grain buyers, experts, consultants, etc. (collectively, "Professionals"). To the extent you share Your Data with others, you grant them a license to use and exercise all rights in Your Data, as permitted by the functionality of the Services. We are not responsible for how others use Your Data, or the advice or information they provide you when you share Your Data.
We may also use and share Data on an aggregate or anonymized basis (such that it does not identify individuals) for various business purposes, where permissible under applicable laws. We own the Gradable services and content, including aggregated and/or anonymized data, analytics, benchmarking, etc.
7. DATA RETENTION AND SECURITY
We retain information as long as it is necessary and relevant for our operations. We also retain Personal Information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, collect any fees owed and other actions permitted by law. After it is no longer necessary for us to retain information, we dispose of it according to our data retention and deletion policies.
We employ industry-standard security measures designed to protect the security of all information submitted through the Services. However, the security of information transmitted through the internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. Users of the Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our digital services. In order to protect you and Your Data, we may suspend your use of any of the Services, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure areas of any of the Services are restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
8. LINKS TO THIRD PARTY SERVICES
The Services may contain links to third-party websites and services (“Third Party Services”) with which we have no affiliation. A link to any Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Service, you are subject to its privacy policy and practices and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit.
9. DISCLAIMER: NOT CHILD-DIRECTED
The Services are not intended for use by children. Because we only work with businesses and their authorized representatives, we do not knowingly collect or solicit Data from anyone under the age of 13. If you are under the age of 13, please do not attempt to register for the Services or send any Data. If we learn we have collected Data from a child under the age of 13, we will delete that information as quickly as possible. If you believe a child under the age of 13 may have provided us Data, please contact us at support@gradable.com.
10. YOUR DATA RIGHTS AND CHOICES
Access
Through your account settings or if requested in writing, you may access, and, in some cases, edit certain types of Your Data, which may change as our Services and the Gradable Platform change. If you have any questions about viewing or editing Your Data, please contact us at support@gradable.com. When you update Your Data, however, we may maintain a copy of the unrevised Data in our records. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Data we have about you. In addition, Data may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to Your Data, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
11. COUNTRY AND REGION-SPECIFIC TERMS
FOR CALIFORNIA USERS ONLY
For California users of our Services please click here to learn more about additional terms and rights that may apply to you.
FOR CANADIAN USERS ONLY
This Policy does not create or confer upon any individual any rights, or impose upon us any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Policy and Canada's federal and provincial privacy laws, as applicable, this Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws
Contact. If you have any questions or concerns regarding this Policy, please contact our Privacy Officer and we will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.
The contact information for our Privacy Officer is as follows:
Gradable, LLC
Attn: Legal
3 E 3rd Ave Suite 200
San Mateo, CA 94401
Email: legal@gradable.com
IMPORTANT NOTICE: THIS POLICY FORMS A PART OF AND IS GOVERNED BY OUR TERMS OF SERVICE. DISPUTES ABOUT THIS POLICY OR RELATING TO THE SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY AS SPECIFICALLY SET FORTH IN THE TERMS OF SERVICE.