Privacy Policy

(Effective January 25, 2022)

We at Farmer’s Business Network, Inc. and our Affiliates (collectively, the "FBN® Companies," "we," "us," or “our”) know you care about how Your Data is used and shared, and we take your privacy seriously. We believe helping you to power your prosperity includes keeping the data you share with us safe. We promise to never sell your personal information, and to give you transparency and control over how your data is used and shared. We understand  there is a significant responsibility that comes with you entrusting Your Data with us and protecting that information is an important part of how we conduct our business. 

Please read the following to learn more about our Privacy Policy ("Policy").

Scope

This Policy explains our information practices, the kinds of information we may collect, how we protect that information, how we use and share that information, and how you can opt-out of a use or correct or change that information. This Policy does not apply to the information practices of companies we don’t own or control, or people that we do not manage. 

We update this Policy from time to time and we encourage you to periodically review this Policy. We will post any Policy changes on this page and if the changes are material, we will provide you with a more prominent notice by email, push notification, and/or by other means. This Policy is incorporated by reference into FBN’s Terms of Service (the “Terms”). All other terms not defined in this Policy will have the meanings set forth in the Terms.

This Policy is global in nature, meaning that it is applicable to all websites, mobile applications, services and offerings of the FBN Companies (collectively, the “FBN Companies”), and it describes our privacy practices as they relate to:

1) “Ag Data” means any agricultural data, as broadly understood in the agricultural industry, including, but not limited to, your agronomic data, application data, climate data, harvest data, invoice data, planting data, land data, machine data, pricing data, grain sales data, weather data, and the type of agricultural products or services you use and purchase from us or other parties.

2) “Financial Data” means any credit, financial, or payment information, including, but not limited to assets and liabilities, bank account numbers, credit card numbers, credit history, employment history, income sources, payment history, payment preferences, and social security/social insurance number. Note: Financial Data provided by you or gathered about you by us from third parties in connection with a credit application or for other purposes may be subject to and protected by additional terms and conditions listed therein.

3) “Personal Data” means any information other than Ag Data, Financial Data or Member Content, including, but not limited to: (a) Company name, points of contact, account users, employees, agents, responsible parties, etc., (b) contact information including, but not limited to, email address, business phone numbers, address, etc., (c) your pictures and likeness, (d) communications, information or other materials that you provide us, and (e) business relationship information, including information relating to your agreements with us, preferences, etc.

4) “Member Content” means any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback that you provide through the FBN Community service. You choose whether Member Content will be personally identified to you.

When we refer to “Data” we mean all four types of data defined above, and when we refer to “Your Data” we mean Data you own and have granted us a license to use.

By using or accessing the Services (as defined in the Terms of Service) and by interacting with us in any other manner, you acknowledge and accept the practices and policies outlined in this Policy. You hereby consent, to the fullest extent permitted in your jurisdiction, that we will collect, use, and share Your Data in the following ways, which are essential to providing you the Services. 

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.

The FBN Network

When we say the “FBN Network” we mean our anonymized and aggregated data analytics platform that enables farmers to make better decisions on their farms. The FBN Network also provides business specific tools that allow farmers to put their own data to use in managing their business operations. Depending on the context of your interactions with the FBN Network, the Data you choose to share with us, or bring over from third parties (such as a loan provider), may be used together and not just within the individual Service(s) you are using. This means your Ag Data from FBN Direct, insurance information from FBN Insurance, and your recommendations from FBN Crop Marketing all live together in your FBN account.

Information We Collect

Information we receive from you

When you interact with the FBN Network via our websites and mobile application or use our Services, we may collect Data and other information from you. The Data that we receive about you depends on the context of your interactions with the FBN Network, how you configure your FBN account and the choices that you make – including what products you purchase. The Data you provide may also depend upon what Services you use, your location, and applicable law. Access to some Services in the FBN Network require you to provide information for it to function. If you do not wish to provide the required information you may not be able to use certain features of the FBN Network. 

  • Creating an FBN Account. We collect Your Data when you create or modify your FBN account, set preferences, use FBN services, or provide any other Data to access or utilize the FBN Network.  For example, through the account registration process and/or through your account settings, we may collect Personal Data. We may also collect Financial Data in order to process a loan application. Certain information may be required to register with us, to take advantage of some of our features, or to order products from us.

  • Commercial and Financial Information. We collect payment and billing information when fulfilling requests for products or services. For example, we may collect Personal Data and Financial Data, such as a billing address or credit card number, when you purchase a Service or product from FBN Direct. 

  • Customer Support, Product Research and Feedback. We may collect Your Data when you reach out to us for support, give us feedback, participate in optional surveys, product research or training and you choose to share. For example, we may collect your AG Data when you choose to participate in a FBN Crop Marketing Yield Survey.

  • FBN Community. We receive Member Content that you post on our FBN Community page.

  • 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 FBN mobile application. 

  • Mobile Information. 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.

  • Live Communications. If you attend an event or visit our offices, we may collect your image or video. 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.

  • Information Collected Automatically; Cookies. 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 customers' experience. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Information We Collect From Other Sources

We may also get information about you from others where permitted by applicable law.  In most circumstances, where the information we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied). From time to time, we may utilize the services of third parties and may also receive data collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure such third parties have represented to us that they have the right to disclose your information to us. When permitted by applicable law or regulatory requirements, we may collect information about you from other sources without your knowledge or consent.

We may also collect market-related information, which may include information concerning market trends and activities impacting our business or your business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning. In addition, we may also collect information related to our media, investor and public relations activities and information related to our interactions with financial and other advisors. We collect information from publicly available sources, such as open government databases.

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 customers, 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/

How Do We Use Your Data?

We collect and process Your Data from you only where:

  • we have your consent;

  • we need Your Data to perform a contract with you or provide a service for you;

  • provide you with the benefits of the FBN Network and operate our business;

  • where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms; or

  • we need to comply with legal requirements, including applicable laws and regulations

We collect and process Your Data in order to:

  • establish and manage our relationship with you, including providing you with the FBN Network, setting up your user account, verifying Your Data, performing our contract with you for the use of our services and to fulfill our obligations under the applicable terms of service contacting you about our Services, etc;

  • analyze, improve and update our Services;

  • evaluate your eligibility for financial offers. For example, we use Financial Data to verify eligibility for extended terms or financing, manage our level of risk, administer or service your account, make reports to credit reporting agencies, as needed, collect on your debt, including through collection or legal proceedings, and as otherwise necessary for the provision of extended terms and/or financing and the protection of our business;

  • send you marketing materials and information that we believe may be of interest to you;

  • personalize your experience and tailor recommendations and offers to you, including through the development of insights about you and your operation’s needs to help you make better decisions on your farm.

  • provide you with support and resolve disputes;

  • protect the rights, property, safety or security of the FBN Network, our FBN Members, employees or others and prevent errors, fraud or illegal activity;

  • enable us to comply with applicable laws or regulatory requirements; 

  • enforce or apply our Terms of Service

  • for debt collection; and

  • for any other permitted business purposes.

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 .

How Do We Share Your Data?

We believe farmers own the information generated by their farming operations. FBN will never sell your data. Except as outlined below, we will never provide Your Data to another party without explicit consent from you. 

We may share Your Data in the following circumstances:

  • 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 FBN Companies 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 payment processing 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; (3) the Financial Data is provided to a credit bureau or similar information reporting agency; or (4) 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, Australia, Brazil, 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 FBN Members and Professionals

Please note that the FBN Network allows you to share Your Data with other parties, including other FBN Members and individuals or businesses with professional accounts, such as agronomists, applicators, experts, consultants, etc. (collectively, "Professionals"). Please ensure your sharing settings are configured to your preferences before sharing Your Data by: (1) clicking on "Account", (2) clicking on "My Team", (3) clicking "Manage Permissions", and (4) selecting your sharing preferences. 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 FBN services and content, including aggregated and/or anonymized data, analytics, benchmarking, etc.

We do not and will not sell Your Data.

Security of Personal Information 

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Your Data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and Your Data, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. In the event of a breach of Your Data by an unauthorized person, we will investigate and if necessary, provide notice to you by email or upon your next log in.

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 FBN Network change. If you have any questions about viewing or editing Your Data, please contact us at . 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.

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:

Farmer's Business Network, Inc.

Attn: Privacy Officer

388 El Camino Real

San Carlos, CA 94070

Email: legal@farmersbusinessnetwork.com

FOR AUSTRALIA USERS ONLY

These additional terms apply only to Australian users only. To the extent this section is in conflict or inconsistent with other provisions contained in this Policy, this section will prevail for Australian users. We comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs) as necessary, and any other applicable privacy laws when handling Your Data, including applicable state law.

Handling of information: Your Data is held by our related companies and third party service providers in accordance with this Privacy Policy and on servers operated by third party service providers.

Use and disclosure: We may collect and process Your Data and other personal information such as commercial credit information, which may include but is not limited to past or present credit applications by you (or customer for which you are a director or guarantor) and decisions, repayment history, and measures of credit worthiness. We may collect and process the aforementioned information if we have or have had a business relationship with you, or if we have had contact with you and/or your representatives, or if you express interest in entering a business relationship with us. We may collect this personal information from Equifax Australia or another commercial credit reporting bureau. You may obtain a copy of Equifax’s policy about their management of credit reporting information by visiting their website.

We may use the aforementioned personal information to:

  • Provide you with financial products and services; 

  • Answer your questions or concerns;

  • Comply with any legal or regulatory obligations imposed on us; and/or

  • Perform business functions (assessing applications, managing credit accounts, audits and investigations, etc.).

To perform the above tasks, we may disclose this information to third parties that may carry out certain related functions on our behalf, such as credit reporting bodies or debt collection agencies We may also provide commercial credit information about you to Equifax about an application for commercial credit and your commercial credit activities with us (including a failure to make a timely payment).

Except with your express agreement we do not collect consumer credit reporting information about you from a consumer credit reporting body.

We may also disclose your personal information to regulators and government authorities as required by law.

We may also disclose your personal information to a third party if:

  • You direct us to do so;

  • You consent to the third party obtaining the information from us; or

  • You consent to, or enable, the third party accessing the information on our systems.

Your consent to a third party obtaining or accessing information may be implied from your actions, such as the use of any service or application which a third party provides to you, or makes available to you, which involves the third party obtaining or accessing personal information held by us. You should never provide your personal pass codes such as PINs, passwords, or codes to any third party. If you do, you may be liable for any subsequent unauthorized transactions that may occur. 

We may also use your personal information to tell you about other financial products and services we think you may be interested in. You can opt out of receiving this information at any time by contacting the Privacy Officer listed below. 

Most importantly, please note we do not sell Your Data information to third parties.

Disclosures outside of Australia: Sometimes we may send Your Data overseas. Generally this information will be sent to Farmsave-related entities abroad, or service providers or third parties who store data or operate outside of Australia. We may also send information when necessary to comply with the laws of any jurisdiction and/or to assist any government or law enforcement agencies.

If we do this, we make sure there are arrangements in place to protect your information. The overseas countries your information may be sent to include, but are not limited to, Canada, the USA, Brazil, and Romania.

Complaints: If you have a question or complaint about how Your Data is being handled, please contact our Privacy Officer first. We will acknowledge your complaint as soon as we can after receipt of your complaint. We will investigate and respond to your complaint in a reasonable period of time (usually within 30 days). You can reach our Privacy Officer by phone at 0480 079 348.

If you are not satisfied with our response, or if you’d like more information about your rights and our obligations in connection with Your Data, you can contact or make a complaint to the Office of the Australian Information Commissioner (OAIC). Further information can be found on the OAIC website at www.oaic.gov.au, or by reaching out to the below:

Office of Australian Information Commissioner

GPO Box 5218

Sydney NSW 2001

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

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.

Change Log. This change log is a summary only. You are responsible for reading and understanding this Policy.

January 25, 2022. We made edits throughout the Privacy Policy intended to improve transparency and readability. For example, we:

  • Added further information on how we collect Data; 

  • Added language clarifying how we process data when FBN collects Data for legitimate business operations; and

  • Added language clarifying how we share Data.

July 15, 2020. Following revisions:

Subsidiaries. The addition of Farmsave Holdings, Pty Ltd to our affiliates and subsidiaries.

July 24, 2019: Following revisions:

Applicability of Terms of Service. Confirmed that this Policy is a part of and is governed by our Terms of Service. The Terms of Service include dispute resolution principles that are applicable to this Policy.

FBN Community and Member Content: Introduced a new category of Your Data defined as “Member Content” to reflect the development of FBN Community, our member forum. Specified that Member Content may be personally identifiable and may be shared with our third party service providers.

Information Retained on Termination. Confirmed that we retain elements of Your Data post-termination for accounting, tax, billing, audit, and compliance purposes, to investigate fraud, spam, or unlawful use of the Services, and as required by applicable law.

Additional Policies for Mobile Applications. Clarified that we track your location for use in mobile applications, but do not share your location with third parties.

May 25, 2018: Following revisions:

Information Collected. Clarified the types of information collected, how we use it and when we share it.

Termination and Portability.Clarified that after termination we may continue to use Your Data consistent with this Policy and our Terms of Service, or we may elect to delete it, if technologically possible.

Consent. Described how your consent is obtained to use Your Data and how you may opt out.

Data Definitions. Clarified the types of Data that we handle and how we define each.

Access to Your Data. Clarified when and how you can request access to Your Data.

Canadian Members. Added terms throughout that are applicable to our Canadian Members.

Data Storage and Transmission. Disclosed where Your Data may be transmitted to/from and stored.

Contact. Specified that you should contact our Privacy Officer if you have questions or concerns about this Policy.

Interpretation.Provided clarification as to how this Policy should be interpreted.

Scope. Clarified that this Policy applies to all of your interactions with us.

Sharing Settings. Clarified that you should check your sharing settings anytime you share Your Data with others

Affiliates. Defined who are affiliates of Farmers Business Network, Inc.

February 10, 2016: Following revisions:

Affiliates. Clarified this policy applies to Personal Information you share with our affiliates, including FBN Inputs, LLC and FBN Capital, LLC.

Scope. Clarified that when we refer to your “Data” in this policy we are referring to both your “Personal Information” or “Ag Data.” Some of the provisions of this policy apply only to a specific categories of information and in those cases we continue to refer to Personal Information of Ag Data.

Information Collection. Expanded scope of Personal Information you may provide to us to include information on your personal and financial affairs, such as financial and tax information used  in a loan application.

Sharing of Personal Information—Third Party Service Providers. Clarified the circumstances in which we share your Personal Information with third party service providers.

Termination and Portability. Referenced the termination procedures specified in the Terms of Service. Added a portability commitment that allows you to request that we return a copy of any Ag Data that you submitted in the format that you originally submitted it.

March 31, 2015: Following revisions:

Definitions. Updated the definition of Personal Information so that it is used consistently throughout the policy. It covers your “personally identifiable information” that you provide to us or that we gather when you are accessing or using our Services.

Mobile Apps. Updated the definition of the scope of our services to include mobile applications.

Privacy Policy Changes.Clarified how we can update the privacy policy. We will notify you of the changes by placing a notice on www.fbn.com and by sending you an email. On your next visit to www.fbn.com, you will be asked to agree to the updated privacy policy. If you don’t agree, you may decline, but this means you will no longer be able to use our services.

Communicating with you. Added that we may use your Personal Information to send confirmations, promotions, invoices, technical notices, updates, security alerts, and support and administrative messages.

Traffic Data.Clarified that we may use Traffic Data—such as what page(s) within Services a member visits—to provide support services to individually identified users.

Third Party Links. Clarified that our Services may include links to not only our advertising partners but also third party sites, content and ads that we believe our members may find useful.

Account Settings.Changed the Personal Information you can update in your account settings to include your address and payment information.

June 11, 2014: First version.