Privacy Policy

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to RESQ HARVEST (PRIVATE) LIMITED, 69A/11, Attidiya Kaudana road, Dehiwala, Sri Lanka.
• Cookies are small files that are placed on your computer, mobile device, or any other device by a website, containing the details of your browsing history on that website among its many uses.
• Country refers to: Sri Lanka
• Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
• Personal Data (or "Personal Information") is any information that relates to an identified or identifiable individual under the Personal Data Protection Act, No. 9 of 2022 (PDPA).
• Service refers to the ResQ Harvest multi-sided technology platform, including but not limited to the website (https://resqharvest.com, https://markteplace.resqharvest.com, https://partner.resqharvest.com), interconnected mobile applications, hub management interfaces, and automated notification systems used to facilitate surplus food and food waste valorization.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Types of Data Collected

Use of Your Personal Data

The Company holds the unilateral operational autonomy to use Personal Data for the following purposes:

• To provide and maintain our Service: Including to monitor and optimize the usage of our Service across our localized operational hubs (including Colombo, Kandy, and Galle).
• To manage Your Account: To manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: To facilitate the digital matching, booking, processing, and card payment clearance of marketplace transactions between independent Users (Buyers) and third-party commercial food vendors or surplus partners (Sellers). You explicitly acknowledge that ResQ Harvest is a technology intermediary platform and is not a direct party to the underlying food product or safety warranties.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding logistics updates, operational delays, or info communications related to the platform functionalities.
• To provide You with updates: To offer news, special offers, and general information about other goods, services, and circular economy events which We offer that are similar to those that you have already purchased or inquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your customer support requests to Us.
• For business transfers: We may use Your Personal Data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, in which Personal Data held by Us about our Service users is among the assets transferred.
• For platform optimization: Data analysis, identifying usage trends, and evaluating/improving our marketplace efficiency, hub allocation, and marketing strategies.

Sharing and Disclosure of Your Personal Data

We may share Your Personal Data in the following operational situations:

• With Service Providers and Logistics Partners: We share data with Service Providers to monitor and analyze platform use, and with independent third-party logistics/delivery operators to enable the physical routing of marketplace items from regional hubs.
• With Third-Party Payment Processors: Your transaction data and identity markers are securely transmitted to authorized financial institutions and card processors to complete billing transactions. ResQ Harvest explicitly disclaims liability for data handling practices or outages originating within external financial gateways.
• For business transfers: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your Personal Data with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
• With business partners: We may share Your Personal Data with Our business partners to facilitate specific waste-to-wealth or surplus-sharing programs.
• With Your consent: We may disclose Your Personal Data for any other purpose with Your explicit consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Where appropriate, we may apply shorter retention periods. Unless otherwise stated, the retention periods below are maximum periods ("up to"), and We may remove Personal Data earlier when it is no longer required for the purposes for which it was collected.

When Personal Data is no longer required for the purposes described in this Privacy Policy, We may delete or otherwise remove access to such data in accordance with Our operational and legal requirements. Certain information may be retained for longer periods where required by applicable law, regulatory obligations, dispute resolution needs, or legitimate business purposes.

Transfer of Your Personal Data (International Cloud Infrastructure)

Your information, including Personal Data, is processed at the Company's operating offices in Sri Lanka and in any other places where the cloud providers involved in the processing are located.

International Transfers & Cloud Storage Framework: To maintain real-time synchronization, continuous platform availability, and low latency across our regional operational hubs, ResQ Harvest utilizes international public cloud infrastructure (including, but not limited to, global data centers managed via secure environments like Google Cloud, Firebase, and Amazon Web Services).

In strict compliance with the Sri Lankan Personal Data Protection (Amendment) Act, No. 22 of 2025, by registering an Account and clicking your agreement to these terms, you grant your explicit, informed consent to the transfer, routing, and processing of your personal data to cloud servers located outside of Sri Lanka. The Company secures these pipelines using advanced end-to-end encryption protocols matching or exceeding international security standards.

Delete or Amend Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. You may update, amend, or delete Your information at any time by signing in to Your Account settings or by contacting us directly.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so under Sri Lankan statutory requirements (such as tax records or active dispute resolution).

Statutory Rights Under the Sri Lankan PDPA

Subject to statutory conditions, users in Sri Lanka hold the right to access data copies, object to processing, request data rectification, or withdraw consent. To exercise these rights, submit a formal request to our privacy desk at info@resqharvest.com.

Law Enforcement and Regulatory Orders

Under specific circumstances, the Company reserves the absolute autonomy to disclose Your Personal Data if required to do so by written law or in response to valid requests by public authorities (e.g., a court or a Sri Lankan government enforcement agency).

Limitation of Security Liability

The security of Your Personal Data is a top priority for Us. While We implement commercially reasonable organizational and technical safeguards required under the Sri Lankan PDPA, no method of transmission over the Internet or electronic storage is 100% secure. ResQ Harvest cannot guarantee absolute security. In the event of an unforeseen cyber-attack, data breach, or force majeure event, the Company's liability shall be strictly limited to the maximum extent permitted under Sri Lankan law, provided we acted in good faith compliance with statutory rules.

1. Perishable Surplus Food Framework (All Sales Final)

Due to strict public health and safety regulations under the Food Act No. 26 of 1980 of Sri Lanka, and the highly time-sensitive, perishable nature of surplus inventory:

• No Physical Returns: Once a food item or surplus package has been picked up by You or handed over to a third-party logistics/delivery provider, it cannot be physically returned, exchanged, or resold.
• Finality of Sale: All marketplace purchases are final once payment authorization clears.

2. The 2-Hour “Proof-of-Condition” Verification Window

To protect the platform ecosystem from fraudulent claims while safeguarding genuine consumers, refund evaluations are subject to strict digital triage:

• The Deadline: Any issue regarding order inaccuracy, severe packaging compromise, incorrect items, or unfit/spoiled food must be reported to ResQ Harvest via our customer support channels within two (2) hours of the recorded delivery or pickup timestamp.
• The Evidence Requirement: To successfully lodge a dispute, the User must provide clear photographic or video evidence demonstrating the explicit defect, error, or spoilage alongside the digital order receipt.
• Platform Autonomy: ResQ Harvest retains absolute unilateral operational autonomy to review the submitted digital evidence. Submitting a claim does not guarantee an automated reversal. Claims based strictly on subjective personal taste preferences, minor aesthetic variances typical of surplus food, or late pickups on the part of the user will be rejected.

Dispute Resolution

To maintain a fair, efficient, and transparent ecosystem, ResQ Harvest processes authorized marketplace refunds based on the original payment method utilized at checkout. When a food quality, order fulfillment, or product dispute claim is approved by our compliance desk, the remedy will be executed as follows:

• Cash on Delivery (COD) Payments: If the order was settled via cash, any approved refund must be claimed directly from the specific Merchant Partner responsible for fulfillment. ResQ Harvest does not process central cash reversals for COD transactions.
• Card Payments (Debit/Credit): If the order was paid online via card, the refund will be automatically deposited back to the original payment card. These authorized reversals are processed via our secure third-party gateway rails and typically take 5 to 10 business days to reflect, subject to local banking protocols in Sri Lanka.

Please Note: Platform-side technical errors (such as verified double-billing or payment gateway processing failures) will always be automatically reversed to the source card within the standard 5-to-10 business day window.

4. Merchant Accountability & Financial Allocation

ResQ Harvest acts strictly as a technology intermediary and marketplace facilitator.

• If a refund remedy is granted to a User due to a Merchant's direct operational failure (e.g., packing the wrong order, misrepresenting inventory availability, or violating basic food safety metrics), ResQ Harvest reserves the absolute right to deduct the full financial value of that transaction from that specific Merchant’s pending weekly settlement allocation.
• The technology platform will not absorb financial losses arising from merchant-side preparation or operational errors.

5. Order Cancellations

• User Cancellations: Because third-party Merchants pack and prepare highly perishable surplus items immediately upon receiving real-time card payment confirmations, Users cannot cancel an order once the transaction has cleared.
• Platform or Merchant Cancellations: ResQ Harvest and its partner Merchants reserve the right to cancel any order prior to physical fulfillment due to sudden inventory depletion, local hub disruptions, or safety concerns. In the event of a platform-initiated cancellation, a full digital voucher or immediate payment gateway reversal will be executed.

6. Contact Us

For immediate support, to submit a 2-hour proof-of-condition claim, or to inquire about an active voucher code, contact our operations team at: info@resqharvest.com.