Privacy Statement
Maintaining the privacy for those who have entrusted us with their personal and private information is critically important to Farm Credit Services of America, ACA, provider of the AgDirect® equipment financing program (FCSAmerica®, Us or We). We are committed to making sure that your transactions with Us are safe and secure, and that We use information as directed and in accordance with applicable law. We have implemented procedures, systems, and controls designed to safeguard private information and prevent improper disclosures of that information. We also want you to know when and how We may disclose your information to our employees, contractors, agents, affiliates, third-party service providers, independent auditors, regulators, consultants or attorneys, and other parties. Accordingly, this Privacy Statement describes the type of information We collect about you and our practices related to the use and protection of such information.
Table of Contents
Categories of Personal Information We Collect
Information collected that, directly or indirectly, identifies a particular individual, household, or device is considered “Personal Information.” The following categories of Personal Information have been collected by Us about individuals within the last twelve (12) months. We also want to inform you of the categories of Personal Information were sold or shared by Us in that period. NOTE: Under applicable law, “selling” information is defined very broadly to include most instances where information is shared with a third-party. More information on sharing information is provided below.
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Category
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Examples
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Collected
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Sold/Shared in the Last 12 Months
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A. Identifiers.
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A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
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YES
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YES
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B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
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A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. Some Personal Information included in this category may overlap with other categories.
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YES
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YES
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C. Protected classification characteristics under California or federal law.
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Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), and veteran or military status.
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YES
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YES
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D. Commercial information.
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Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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YES
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YES
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E. Biometric information.
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Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
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YES
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NO
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F. Internet or other similar network activity.
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Browsing history, search history, information on interaction with a website, application, or advertisement.
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YES
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YES, with our affiliates
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G. Geolocation data.
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Physical location or movements.
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YES
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YES, with our affiliates
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H. Sensory data.
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Audio, electronic, visual, thermal, olfactory, or similar information. This includes phone calls recorded for quality purposes and voicemails you leave for employees.
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YES
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NO
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I. Professional or employment-related information.
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Current or past job history or performance evaluations.
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YES
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YES
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J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
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Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
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YES
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NO
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K. Inferences drawn from other Personal Information.
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Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
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YES
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NO
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NOTE: Personal information does not include other information We may have collected, such as (a) publicly available information from government record; (b) de-identified or aggregated consumer information; and, (c) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, and Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Sources of Personal Information
We collect and use Personal Information in the following ways:
- Information you give to FCSAmerica.When you make an application for financing or other services provided by us, We, collect information necessary to provide such services to you.
- When you access our websites, We collect information about the device you use, the login information you provide, such as: your Internet domain (e.g., xcompany.com), IP address (a number automatically assigned to your computer when you are using the Internet), and mobile device's unique identifier from which you access our Website; the type of browser and operating system used to access our Website; the date and time you access our Website; the pages you visit; and the address of the Website from which you linked to our Website.
- When you communicate with FCSAmerica via email, telephone or other means, We may collect your email address, phone number, or other related information.
- Information obtained from third parties.We may obtain information about you from third parties, including other Farm Credit institutions with whom We partner to provide you services, credit reporting agencies and other financial institutions with whom We transact business on your behalf.
How We Use Information
We use Personal Information that We collect in the following ways:
- Provide Services.We use your Personal Information in order to provide you with our financing and other services, make credit decisions, and to fulfill our contractual obligations to you.
- Communicate. We use Personal Information to communicate with you about our Site or services. We may also use your Personal Information to send you account updates or other communications regarding your account or to inform you of any changes to our Site or services.
- Marketing. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information.
- Specific Purposes. You may be asked to provide information for a specific purpose. For example, We may request that you fill out a survey to provide us with feedback on our technical support.
- Customer Support. We may use your Personal Information to provide you support or other services you request. For example, We may need your information in order to provide technical support or answer questions about our Site.
- Maintenance and Improvement. We analyze how our users interact with our Site in order to maintain and improve it. We also use information that We collect to diagnose any problems with our Site to improve the user experience.
Sharing Information
We share information, including Personal Information, with third parties, as described below:
- With Your Consent.We may request your permission to use or share your Personal Information for a specific purpose. Generally, We will notify you and request consent before you provide the Personal Information or before the Personal Information you have already provided is shared for such purpose. Examples include sharing information to provide you with a loan via the Rural 1st® consumer lending program or to facilitate a lease through Farm Credit Leasing.
- Service Providers. We may share information with service providers that help us perform Site functions and administer our services. For example, We may share your information with third-party customer service providers.
- Corporate Family and Affiliates. We may share information within our corporate family, such as with subsidiaries, joint ventures, or affiliates, to the extent permitted by law. Affiliates of Farm Credit Services of America, ACA, include Farm Credit Services of America, FLCA, and Farm Credit Services of America, PCA. We also operate an equipment financing program known as AgDirect®.
- Corporate Structure. We may share information in connection with a merger, acquisition, consolidation, change of control, or sale of all or a portion of our assets or if We undergo bankruptcy or liquidation.
- To Prevent Harm. We may share information if We believe it is necessary in order to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
- For Legal Purposes. We will share information where We are legally required to do so, such as in response to requests from our regulator, other Farm Credit associations for purposes allowed by law, court orders or legal process, to establish, protect, or exercise our legal rights, to defend against legal claims or demands, or to comply with the requirements of any mandatory applicable law.
- With Others under Duty of Confidentiality. We may share information with others for the purpose of conducting business when the other party is under a contractual duty of confidentiality.
Your Rights and Choices
Right to Access
You have the right to request that We disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once We receive your request and verify your identity, We will disclose to you: (a) the categories of Personal Information We collected about you; (b) the categories of sources for the Personal Information We collected about you; (c) the business or commercial purpose for collecting or selling that Personal Information; (d) the categories of third parties with whom We share that Personal Information; (e) the specific pieces of Personal Information We collected about you (also called a data portability request): and, (f) whether We sold or disclosed your Personal Information for a business purpose.
Right to Delete
You have the right to request that We delete any of your Personal Information that We collected from you and retained, subject to certain exceptions. Once We receive your request and confirm your identity, We will delete (and direct our service providers to delete) your Personal Information from our records. We may deny your deletion request in certain situations, such as when the information is needed to complete the transaction for which We collected the Personal Information, to detect security incidents, or to comply with applicable law.
Right to Opt-Out
You have the right, at any time, to direct Us not to sell or share your Personal Information, subject to our need to sell or share information to provide services you have requested from Us. You will also have the right to opt-out of marketing directed to you.
Exercising Your Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Us using the Contact Information listed below. Only you or a person that you authorize to act on your behalf or as authorized by other applicable law, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a request for access or data portability twice within a 12-month period.
Response Timing and Format
We will respond to an Opt-Out request within 15 days. For all other requests, We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If We require more time (up to 90 days), We will inform you of the reason and extension period in writing. If you have an account with us, We will deliver our written response to that account. If you do not have an account with us, We will deliver our written response by mail or electronically, at your option. Any disclosures We provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, We will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your requests, unless it is determined to be excessive, repetitive, or manifestly unfounded, in which case you may be notified your request was denied.
Non-Discrimination
We will not discriminate against you for exercising any of your rights. That is, if you exercise your rights, We will not deny you goods or services because you exercised your rights or charge you different prices or rates for goods or services.
Protecting Information and Security
We hold any information customers give Us in strict confidence, and We safeguard customer information according to strict standards of security. We limit the information that We collect to the amount required to deliver extraordinary service to our customers. Our computer systems include software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload information or change information on this service are strictly prohibited and will be reported to law enforcement when appropriate or required. Further information on FCSAmerica security processes is available in our Security Statement.
Analytics and Cookies
Some of our websites use third-party analytics tools provided by Lucky Orange, LLC, and Google Analytics to help improve usability and the customer experience. The analytics tools may record mouse clicks, mouse movements, scrolling activity and may record keystroke information that you voluntarily enter on the website. These analytics tools will not track this activity on any site that is not covered by this Privacy Statement. To view and manage data that the analytics tools collected about you or to opt out of future tracking by Lucky Orange please visit https://privacy.luckyorange.com/.
Google’s ability to use and share information collected by Google Analytics about your visits to websites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google offers an opt-out at https://tools.google.com/dlpage/gaoptout/.
A “cookie” is a small piece of data (text file) that a website – when visited by you – asks your browser to store on your device in order to remember information about you. Cookies assist in your navigation of our websites, your registration for events, login, and your ability to provide feedback, analyzing your use of our products, services or application, and assisting with our promotional and marketing efforts. You will be notified of the use of cookies when you visit our websites.
Children's Online Privacy Protection Act
Our websites are not intended for, nor do We conduct business with, children under the age of 13. If a parent or guardian becomes aware that his or her child has provided Us Personal Information without their consent, he or she should promptly contact FCSAmerica and We will delete such information from our files. For more information about the Children's Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.
Third-Party Website Links
We may periodically offer links to third-party websites. While We do our best to provide you with helpful, trustworthy resources, We cannot endorse, approve or guarantee Information, products, services, or recommendations provided at a third-party website. FCSAmerica is not responsible for the content or accuracy of any third-party websites. FCSAmerica will not be responsible for any damage of any sort resulting from the use of a third-party link on our websites nor will FCSAmerica be liable for any failure of products or services advertised or provided on these linked third-party websites.
All third-party website links are made available to you on an “as is” basis. Data collection, use and security practices of the linked third-party website may differ from the provisions of this Privacy Statement.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When We make changes to this privacy notice, We will notify you through a notice on our website homepage.
Contact Information
If you have any questions or comments about this Privacy Statement or wish to exercise your rights, you may contact Us, by phone: 877-966-7778 or via our website: agdirect.com/privacy.