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Last Modified April 28, 2022

Privacy Policy

Introduction

AgAmerica Lending LLC, a Florida limited liability company (f/k/a Bankers South LLC) (collectively, the “Company” or “We”) 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 Privacy Policy applies to our our website https://agamerica.com/ (our “Website”), AgAmerica Services (described below), and in any other circumstance in which you are provided a copy of this Policy.

AgAmerica Services” (or “Services”) include when you: apply for a loan with us as a borrower or co-borrower or inquire about a loan with us; close a loan with us; ask for changes to a loan with us; or guarantee a loan with us. The Services also include our loan servicing; ongoing quality control of your loan as part of the loan process; when you authorize us to run a credit report; or use another service the Company provides.

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 that 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

We may collect personal information directly from you, through your interaction with the Website or with our Services, including when you seek 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/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”).

Information We Collect Outside Our Website

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 filled out at a trade show.

Information We Collect Through Automatic Data Collection Technologies

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

Cookies and Other Tracking Technologies

Cookies (or browser cookies). Our Website may use a technology called “cookies.” A cookie is a small file placed on the hard drive of your computer. 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 Website. 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.

 

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

 

Web Beacons. Our Website 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 the Website 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 Website. 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 advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, 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 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:

  • Conduct our business and provide our Services to you
  • Personalize our Website and user experience
  • Offer information and marketing materials to you
  • Research how you use our Website to help us gain a better understanding of your preferences and interests so we can improve and offer services and marketing to better service you
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us (such as loans), including for billing and collection
  • Allow you to participate in interactive features on our Website
  • For other purposes consistent with the collection of your information, or as otherwise disclosed to you prior to the use of your information, including with your consent.

In addition to the uses identified above, we use your information, which may include information collect on the Website, for the following purposes:

Emails: We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at privacy@agamerica.com or click “unsubscribe” on the email communication if you desire to unsubscribe from our email list. For more information, see Choices About How We Use and Disclose Your Information.

 

Tailored Advertising: We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 

User Inquiries and Support: We may use your information to respond to inquiries and solve any potential issues you may have with the use of our Services.

 

Legal Requests and Obligations: We may use your information to comply with our legal obligations. For example, if we receive a subpoena or other legal request, we may need to inspect the information we hold to determine how to respond.

 

Safety and Security: We may use your information to maintain the safety, security, and integrity of the Services.

Disclosure of Your Information

In the course of our operations, we may disclose your information to third parties in the following circumstances:

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

Our Subsidiaries and Affiliates: We share your information with our subsidiaries and our affiliates.

Service Provides and Companies that Work with Us or on Our Behalf: We share your information with service providers. These companies may have access to your information to the extent reasonably necessary to perform their respective functions.

Sale of Business: We may transfer any information we have about your in the event we sell or transfer all or a portion of our business or assets to a third party as part of a merger, acquisition, bankruptcy proceeding, or other restructuring.

Legal Purposes: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, 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).

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.

Safety and Security: We may disclose your information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of AgAmerica, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

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 Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

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 privacy@agamerica.com 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 privacy@agamerica.com. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

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 send us an email at privacy@agamerica.com 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.

 

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

Your California Privacy Rights

If you are a California resident, the California Consumer Privacy Act (CCPA) may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://agamerica.com/ccpa-privacy-policy/.

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.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, 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 user name you may use. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@agamerica.com.

 

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information; however, we do not currently sell any personal information. Please see Your California Privacy Rights for more information.

 

Notice to International Users

Our Website 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 the Website 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 the Website 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 Website and Services may contain links or references to other websites outside of our control. Please be aware that this Privacy 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

It is our Policy to post any changes we make to our Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. 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, contact us at: privacy@agamerica.com or via our toll-free number: 844.516.8176.

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AgAmerica - An Equal Opportunity Lender

 

AgAmerica Lending® LLC is a licensed mortgage lender. NMLS ID# 372267

Copyright AgAmerica® LLC 2022. All Rights Reserved.

Sign-up for our newsletter!

  • This field is for validation purposes and should be left unchanged.

AgAmerica - An Equal Opportunity Lender

AgAmerica Lending® LLC is a licensed mortgage lender. NMLS ID# 372267

Copyright AgAmerica® LLC 2022. All Rights Reserved.