Supplemental Privacy Notice for California Residents

Effective Date: January 1, 2020
Last Revision or Review: May 27, 2022
Termination Date: December 31, 2022

This is the Supplemental Privacy Notice for California Residents (the “California Notice”) of Farm Credit Bank of Texas (“FCBT,” “The Bank,” “we,” or “us”). This supplements the information contained in the Bank’s Privacy Notice and Cookie Notice and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt the California Notice to comply with the California Consumer Privacy Act of 2018, as amended (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this California Notice.  In the event that any provisions of the California Notice conflict with other provisions of the Bank’s Privacy Notice, the provisions in the California Notice will control with respect to California residents. 

The California Notice does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.  Where noted in the California Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (”B2B personal information”) from some of its requirements.

Beginning no later than January 1, 2023, the CCPA provides a permanent, limited exemption for personal information that is collected, processed, or disclosed subject to the Farm Credit Act (the “FCA”). As the Bank is an institution subject to the FCA and the Bank collects the personal information of its customers, borrowers, and website visitors subject to the FCA (including, without limitation, FCA Sections 609 and 618), many of the provisions of the CCPA will not apply to the Bank after December 31, 2022. Therefore, this California Notice will automatically terminate, and all provisions of this California Notice will be ineffective, at the end of the day on December 31, 2022.

Personal Information Collected by the Bank and Purposes of Collection

For purposes of the California Notice “personal information” or “PI” means “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”  “PI” includes eleven categories of information (the “PI Categories”): (1) identifiers, (2) other personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), (3) protected classification characteristics under California or federal law, (4) commercial information, (5) internet or other similar network activity, (6) geolocation data, (7) biometric information, (8) sensory data, (9) professional or employment-related information, (10) non-public education information, and (11) inferences drawn from other personal information. As provided by the CCPA, PI does not include publicly available information from government records, deidentified or aggregated consumer information, or certain personal information protected by other sector-specific federal or California statutes. 

The Bank collects PI from PI Categories (1), (2), (3), (4), (5), (6), (9) and (11) listed above.  We obtain this personal information from the following categories of sources:

• Customer-provided information from forms or direct interactions with the Bank
• Customer interactions with the Bank’s website(s)
• Internet cookies or other automated data collection technologies
• The Farm Credit Associations with which we work (as listed on the Privacy Notice)
• Vendors and third-party contractors
• Social media networks
• Software applications provided by the Bank to the Associations for use by borrowers
• The compliance line that receives ethics and compliance reports pertaining to the Bank

We may use or disclose the personal information we collect for one or more of the following purposes:

• To provide access to our Websites, including maintaining its security and integrity.
• To fulfill or meet the reason you provided the information.
• To facilitate future communications with you.
• To process your requests and transactions and prevent fraud
• To provide you with support and respond to your inquiries, questions, feedback, or other content you have elected to provide.
• To provide marketing information regarding Website and product updates, special promotions, etc.
• To conduct reviews of our Websites and to help us understand how you use it. That way, we can tailor our product offerings and marketing promotions to make your experience more enjoyable and convenient.
• To comply with legal and regulatory requirements applicable to our business and internal policies for maintaining records.
• To comply with court orders and legal process, and to enforce our terms of use and this Privacy Notice.
• For the purpose of facilitating lending in the ordinary course of Bank business;
• For any other legal, business, or marketing purposes that comply with the practices described in this Privacy Notice.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer 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 Website users or customers is among the assets transferred.

The Bank will not collect PI from additional PI categories or use the PI collected by the Bank for materially different, unrelated, or incompatible purposes without providing you notice. 

Sharing of Personal Information

The Bank may disclose your personal information to third parties for a business purpose.  In the preceding twelve (12) months, the Bank has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below. However, in the preceding twelve (12) months, the Bank has not sold personal information to any third party. The Bank does not and will not sell personal information.

For each of the PI Categories, the chart below indicates

• whether the Bank has collected the PI Category from its consumers within the last 12 months,
• the categories of third parties to whom PI within the PI Category has been disclosed in the last 12 months.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

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 (the “right to know”) over the past 12 months. Once we receive and confirm your identity (see Exercising Your Rights to Know or Delete), 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 disclosing 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).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

The above access and data portability rights do not apply to B2B personal information. 

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected and retained, subject to certain exceptions (the “right to delete”). Once we receive and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies.  We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; and/or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

The above deletion rights do not apply to B2B personal information. 

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

      Calling us at 512-483-9249
      Emailing us at privacy@FarmCreditBank.com  
      Using this webform

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. To designate an authorized agent you must provide the authorized agent written, signed permission to make the verifiable consumer request on your behalf.  Additionally, before we will provide specific pieces of Personal Information to an agent, you must verify your identity directly with us and confirm (directly with us) that you have given the agent permission to submit the request for specific pieces of information.  Alternatively, an authorized agent may make a verifiable consumer request based upon a power of attorney pursuant to California Probate Code sections 4000 to 4465.  We may deny a request from an agent if these requirements are not met.

You may only submit a request to know twice within a 12-month period.  Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information (or an authorized representative), which may include:
  • For consumers who make requests to know categories of personal information or for deletion, personal information data points that match at least two data points maintained by us
  • For consumers who make requests for specific pieces of personal information, personal information data points that match at least three data points maintained by us, together with a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make the 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 privacy@FarmCreditBank.com

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 45 additional 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 possible. 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 our receipt of you 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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. 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. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We do not currently provide financial incentives.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@FarmCreditBank.com or a letter to Farm Credit Bank of Texas, Attention: Privacy Office, P.O. Box 202590, Austin, TX 78720-2590.

Changes to the California Notice

We reserve the right to amend this Supplemental Privacy Notice for California Residents at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Websites or services following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which the Bank collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Farm Credit Bank of Texas

HEADQUARTERS
4801 Plaza on the Lake Drive
Austin, TX 78731

MAILING ADDRESS
P.O. Box 202590
Austin, TX 78720-2590
Attention: Privacy Officer

Email: privacy@FarmCreditBank.com
Phone: (512) 465-0400

If you need to access the California Notice in an alternative format due to having a disability, please contact privacy@FarmCreditBank.com or call (512) 465-0400.