Skip to content
Effective date January 7, 2023 | Last Modified March 24, 2025

Privacy Policy

Introduction:

AgAmerica Lending LLC, a Florida limited liability company (f/k/a Bankers South LLC) and its subsidiaries, divisions, affiliates, and operations (collectively, the “Company,” “we,” “our,” or “us”) respects your privacy and is committed to protecting your personal information. This Privacy Policy (“Policy”) describes the types of personal information we collect and our practices for using, maintaining, sharing, and protecting it. It also describes the rights and choices you may have with respect to your personal information and how you may contact us about our privacy practices. This Policy applies to our digital platforms , including but not limited to our website (our “Website,” available at https://agamerica.com/), online customer portal, and any other online or hosted services provided to you through these platforms (collectively referred to as “Digital Platforms”). When you apply for or use our products and services (“Services”), interact with us through any of our Digital Platforms, or in any other circumstance in which you are provided a copy of this Policy, this Policy will govern the handling of your personal information.

Please read this Policy carefully as it will help you make informed decisions about sharing your personal information with us.

Privacy Policy Index:

Information we collect about you and how we collect it:

We collect information about you in a variety of ways depending on how you interact with us and our Digital Platforms, mobile applications, products, and services. The information we collect helps us identify and contact you as well as carry out certain business purposes described below and to provide Services to our customers and potential customers. For example, we may collect personal information about you when you use our client portal, make a payment, or contact us.

Information you provide to us directly:

We may collect personal information directly from you through your interaction with our Digital Platforms or Services, including when you seek or apply for our Services, become a customer, provide information directly through online forms, or communicate with our personnel in-person, over the phone, or via email or other channels. This information may include your name, social security number or Employer Identification Number (“EIN”), financial information, birthday, home and/or business address, account verifications, employment history, tax returns, credit score, telephone number, or any other information you provide to us in the course of interacting with us (together “personal information”).

ContextTypes of Personal InformationPrimary Purpose for Collection and Use
Registration on Customer PortalsWe collect your name and contact information when you make an account. We also collect data on the actions that you perform while logged in to the customer portal.We have a legitimate interest in providing account related functionalities to users. Accounts can offer saved preferences and payment history.
Customer Information We collect the name, contact information, and social security numbers of our customers.We have a legitimate interest in contacting our customers and communicating with them about business activities such as projects, services, and billing.
Your Use of Our Digital PlatformsWe use technology (e.g., a cookie or a pixel) to learn how you engage with our Digital Platforms. This may include which links you click or what you type into our online forms. We may also track your IP address, the website that referred you to us, and data about your device.We have a legitimate interest in making our website and Digital Platforms operate. We also use it to understand how you interact with our Digital Platforms, gather analytics, improve our Digital Platforms, store accessibility settings, deliver an inclusive user experience, and learn your preferences. We may also use this data to help detect and prevent fraud. Where required by law, we base the use of technologies upon consent.
Technology on Our Digital Platforms for Targeted AdvertisingWe may let third parties place tracking technology on our Digital Platforms (e.g., a cookie or a pixel). The third party might also collect data over time and across other platforms. Among other things, they may use this data to serve ads tailored to your interests, which may include ads about our products or services.Where required by law, we base the use of third-party tracking technologies upon consent.
DemographicsWe collect personal information, such as your age or your region.We have a legitimate interest in understanding our users and providing tailored services.
Job ApplicantsIf you apply for a job, we collect information needed to process your application. This may include your social security number. Providing this information is required for employment.In some contexts, we are required by law to collect data about applicants. We also have a legitimate interest in using data to evaluate your application or consider you for other positions.
Feedback/SupportIf you provide feedback or contact us for support, we collect your name and email, as well as other content that you share to reply.We have a legitimate interest in receiving and acting upon feedback.
Mailing ListWhen you sign up for our mailing lists, we collect your email or postal address.We have a legitimate interest in sharing information about our products and services.
Mobile DevicesWe collect information your device broadcasts when you visit our Digital Platforms.We have a legitimate interest in identifying unique visitors and understanding how users engage with us on their mobile device.
Payment Information We collect your name, billing, shipping, credit or debit card information, or bank account information when you submit a payment for any of our products or services.We use your information to perform our contract to provide products or services.
Partner PromotionWe collect data that you provide as part of co-branded promotions with other companies.We have a legitimate interest in fulfilling our promotions.
SurveysWe collect data you share through surveys. If a survey is offered by a third-party service provider, the third party’s privacy notice applies to the collection, use, and disclosure of your data.We have a legitimate interest in understanding your opinions.

Information we collect outside our Digital Platforms:

We may obtain personal information through third party sources, such as our business partners, identity verification services, and service providers, or where you have authorized third parties to share information with us. We also may obtain personal information you have provided indirectly, such as through the underwriting process or from forms you filled out at a trade show.

As you navigate through and interact with our Digital Platforms, we and our third-party partners or service providers may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns. When you access our Digital Platforms, we may collect device identifiers, web browser type and version, operating system, location based on IP address, and information about your usage of our Digital Platforms, such as the pages you view.

Cookies and other tracking technologies:

Cookies (or browser cookies)

Our Digital Platforms may use a variety of tracking technologies, including cookies, web beacons, pixels, file information, and similar technology (collectively, “Tracking Technologies”). A cookie is a small packet of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Digital Platforms. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Essential Cookies

These are cookies without which you would not be able to use our Services. For example, essential cookies adjust the website data transmitted to match your internet connection, get you to the secure versions of the website, and help provide products or services that you specifically request. If you set your browser to block these cookies, some parts of our website will not work.

Analytic Cookies

These cookies count visits and traffic sources to measure and improve the effectiveness of our Services. We may use persistent cookies, which will remain on your computer even after you close your browser, to understand general usage and volume statistical information (which does not include personal information) and improve the content and offerings on our Digital Platforms. We may also use persistent cookies to store user preferences.

Functional Cookies

These cookies allow our Digital Platforms to remember choices you make and provide enhanced functionality and more personalized features. These technologies are used so that we can provide a continuous and more personalized experience for you (e.g., to recognize you by name when you return to one of our Digital Platforms).

Web Beacons

Our Digital Platforms and email communications may use a technology called “web beacons.” These may also be referred to as “tags,” “Clear GIFs,” or “tracking pixels.” Web beacons are tiny, unobtrusive graphics embedded on a web page or email that signal a user has accessed content. This technology allows us and our third-party technology providers to understand what content you access in connection with our Services.

other third-party cookies

Some content or applications, including advertisements, on our Digital Platforms are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Digital Platforms. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. Additionally, if you visit our pages on social media sites, such social media sites may also use cookies alone or in conjunction with other tracking devices to collect information about you.

We do not control these third-parties' tracking technologies or how they may be used. If you have any questions about an interest-based advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving certain interest-based advertising, see Choices About How We Use and Disclose Your Information.

How we use your information:

We collect information about you for a variety of business purposes, including but not limited to providing you with the Services, communicating with individuals on our mailing list, processing customer and potential customer requests, or otherwise interacting with you. We collect and use personal information in order to:

  • Fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our loan products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to apply for one of our loan products, we will use that information to process the evaluation of that loan application. We may also save your personal information to facilitate new product orders or process returns.
  • Provide our Services to you and to support our core business functions.
  • Create, maintain, customize, and secure your loan and account with us.
  • Service your account, including to communicate with you about our Services, register and service your account, and respond to customer service requests related to the Services we provide.
  • Maintain our customer relationship and provide you with information about or changes to our Digital Platforms, Terms of Use, or this Policy, and to personalize our Digital Platforms and user experience.
  • Offer information and marketing materials to you, which may include sending you information about our existing, new, or updated products or services, including targeted offers and ads through our Digital Platforms, third-party sites, and via email or text messages (with your consent, where required by law).
  • Understand how you use and interact with our Digital Platforms, learn your preferences and interests, and personalize your Digital Platforms experience.
  • Use for internal business processes, authentication, loss and fraud prevention, public safety, and legal functions.
  • Conduct testing, research, analysis, and advertising.
  • Use for internal statistical, product development, marketing, or operational purposes, such as to measure and understand demographic, user, user interest, purchasing, and other trends among our users.
  • Keep your information and our Services safe and secure.
  • Evaluate job applicants and provide benefits or any other employment-related services to employees.
  • Investigate, prevent, defend against, or take other action regarding violations of our Policy or Terms of Use, illegal activities, suspected fraud, or situations involving potential threats to the legal rights of us or others.
  • Comply with applicable laws and regulations.
  • Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets (whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding) in which personal information held by us about our customers or Digital Platform users is among the assets transferred.

We retain your personal information for only as long as necessary to fulfil the purposes in this Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or allowed by law.

Disclosure of your information:

In the course of our operations, we may disclose your personal information to third parties and/or service providers in the following circumstances:

With Your Consent

We may disclose your personal information to third parties where we have received your consent for doing so.

Our Subsidiaries and Affiliates

We may disclose your personal information with our subsidiaries and our affiliates that support our core business functions to provide you with the Services and to offer you additional products or Services.

Service Provides and Companies the Work with Us or on our Behalf

We may disclose your personal information with service providers that support our core business functions, including, but not limited to, service providers that assist with processing payments, maintaining databases, billing, providing credit, complying with governmental or quasi-governmental reporting, collection services, or customer services. These companies may have access to your personal information to the extent reasonably necessary to perform their respective functions.

Merchants

We may disclose your personal information to affiliates or business partners for the purpose of offering joint promotions.

Sale of Business

We may disclose your personal information to a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including bankruptcy or similar proceedings).

Legal Purposes

We may disclose your personal information if required to do so by law or in the good faith belief that such action is appropriate: (i) in order to comply with applicable law; (ii) to respond to governmental requests; (iii) to comply with a judicial proceeding, court order, or legal process, such as in response to a subpoena (including in response to public authorities to meet national security or law enforcement requirements); (iv) to enforce our Terms of Use (found at: https://agamerica.com/terms-of-use/) and other agreements, including for loan billing and collection purposes; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

Terms of Use

We may disclose your information to enforce or apply our terms of use found at: https://agamerica.com/terms-of-use/ and other agreements, including for loan billing and collection purposes.

Aggregated Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. To the extent we store and use deidentified personal information, we will not try to reidentify the information, except to test our deidentification methods.

Choices about how we use and disclose your information:

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Interest-Based Advertising

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the Digital Advertising Alliance’s resources at www.aboutads.info/choices, and you may also adjust your ad preferences through your social media settings, where applicable. You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at [email protected].

Promotional Offers from the Company

If you do not wish to have your contact information used by the Company to promote our own services, you can opt-out by sending us an email stating your request to [email protected] or clicking “unsubscribe” on the email you received. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a loan closing, product service experience, or other transactions.

Targeted Advertising

If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by contacting us at [email protected]. For this opt-out to function, you must have your browser set to accept all browser cookies.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Accessing and correcting your information:

You may call or email us as indicated in the Contact Information section to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data security:

We implement security safeguards to protect your personal information. We take steps to secure personal information through administrative, technical, and physical safeguards designed to protect against the risk of accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. Unfortunately, we cannot guarantee the security of information transmitted through the Internet, and where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential. If we are required by law to inform you of a breach to your personal information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Children under the age of 13:

Our Digital Platforms and Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under age 13. If you are under 13, do not use or provide any information on this Website or through any of its features, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

Notice to international users:

Our Digital Platforms and Services are not intended for residents outside of the United States. If you use the Website or Services or provided us your information from outside the United States, your information will be transferred to, stored, and processed in the United States. By using our Digital Platforms or Services or providing us with your information, you understand that your information will be collected from and processed in the United States.

Do-not-track signals:

Web browsers and other technologies you may use to access our Digital Platforms may include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

Third party websites and content:

Our Digital Platforms and Services may contain links or references to other websites outside of our control. Please be aware that this Policy does not apply to these websites. We encourage you to read the privacy policies and terms and conditions of linked or referenced websites you enter. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.

Changes to our privacy policy:

We may modify or update this Policy from time to time to reflect the changes in our business and practices. If we make material changes to how we treat our users' personal information, we will notify you through a notice on our Website home page or our Digital Platforms’ primary entry point. The effective date and the date the Policy was last updated is identified at the top of the page. You are responsible for periodically visiting our Website and this Policy to check for any changes. If you do not have access to the Internet, you may contact us at the phone number below and we will provide you a copy of the updated Policy.

Contact information:

To ask questions or comment about this privacy policy and our privacy practices, please do not hesitate to contact us at:

Toll Free Phone Number863.607.9500
Email[email protected]
Postal Address:

AgAmerica Lending LLC
Attn: Legal Department
4030 S. Pipkin Road, Lakeland FL 33811

Additional information for California Residents

The table below describes the categories of personal information we collected, shared with third parties for a “business purpose,” or “sold,” or transferred for “valuable consideration” (as those terms are defined by applicable law). Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity, or with professional services organizations, this may include auditors and law firms. We do not “sell” your personal information for money. The table below indicates the categories of personal information we collect and transfer in a variety of contexts. In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category of Personal Data Category of Recipients
Disclosures for a
Business Purpose
Sharing for Targeted Advertising Sales
Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers. Data analytic providers, social networks, service providers, affiliates, Internet cookie data recipients None None
Government Issued Identification – this may include sensitive information such as social security number, driver’s license number, or state issued identification number, passport number. Service Providers, affiliates None None
Financial Information – this may include bank account number, credit card number, debit card number, and other financial information. Data analytic providers, social networks, Service Providers, affiliates, Internet cookie data recipients None None
Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical, or mental handicap, etc. Service Providers, affiliates None None
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Data analytic providers, affiliates None None
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, app, or ad. Data analytic providers, social networks, service providers, affiliates, Internet cookie data recipients None None
Geolocation data – this refers to non-precise geolocation information such as your city, state, or neighborhood. Data analytic providers, social networks, service providers, affiliates, Internet cookie data recipients. None None
Audio, electronic, visual, thermal, olfactory, or similar information Affiliates or subsidiaries, operating systems and platforms, service providers, professional services organizations (e.g., auditors and law firms) None None
Professional or employment-related information – this includes, for example, information submitted by job applicants. Service providers and affiliates None None
Non-public education information (as defined in the Family Educational Rights and Privacy Act) Service providers and affiliates None None
Inferences drawn from any of the information listed above - this includes, for example, a profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes Service providers and affiliates None None
Additional categories of personal data described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – this may include signature, physical characteristics, or description, insurance policy number. Data analytic providers, social networks, service providers, affiliates, Internet cookie data recipients None None

Your rights and choices

  1. Right to Know and Data Portability

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 (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  1. 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 (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights), we will grant your request if required by law, but note that, in many cases, we must keep your personal data to comply with legal obligations, resolve disputes, enforce agreements, or for other business purposes.

  1. Right to Correct

You have the right to request that that we correct inaccurate or incomplete personal information that we have collected from you and retained. Our Digital Platforms may also allow you to change or delete your account information or profile. Note that we may keep historical data in our backup files as permitted by law.

  1. Your Right to Opt-Out

You have the right to opt out of the selling or sharing of your personal information. We do not sell your personal information; share your personal information with a third party for cross-context behavioral advertising; and do not use sensitive personal information beyond that use which is necessary to provide the Services, and to ensure security and integrity of the information, for short-term, transient use, for performing services on behalf of the business, and for verifying and maintaining the quality or safety of a service or device.

Exercising your rights

To exercise your rights described above, please submit a request by either:

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period.

As required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name or your last transaction with us. We may also ask you to share a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct, or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must provide sufficient information to show that you may act on another’s behalf, such as a signed and notarized permission from the individual stating that you have authorization to act on their behalf.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected].

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have a loan or loan application pending with us, we will deliver our written response to the contact information you have previously provided to us. If you do not have a loan or pending loan application 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 our receipt of your request. 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 verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected].

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have a loan or loan application pending with us, we will deliver our written response to the contact information you have previously provided to us. If you do not have a loan or pending loan application 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 our receipt of your request. 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 verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

California Shine the Light

If you would like more information on the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, submit a written request using the information in the Contact Information section.

California Notice of Financial Incentive

We may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. When you sign up for a financial incentive, we ask for your name, email address, and in some cases your phone number. We do not assign a monetary value to the data we collect. Based on our reasonable estimate, any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. This value is based on the cost related to offering those free or discounted products or services. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Logo for a site footer of a social opportunity lender.

AgAmerica Lending® LLC is a licensed mortgage lender. NMLS ID# 372267
Copyright AgAmerica® LLC 2025. All Rights Reserved.