Your Privacy Is Important to Farmland LP
In the course of serving or otherwise interacting with our current, former and prospective clients and other individuals who visit our website (the “Website”) or otherwise communicate or engage with us (“you” or “your”), Farmland LP may obtain personal information about such individuals. Obtaining this information is important to our ability to deliver the highest level of service to you, but we also recognize that you expect us to treat this information appropriately.
This policy describes the types of personal information we may collect about you, the purposes for which we use and otherwise process the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy. As used throughout this policy, the terms “Farmland LP,” “we,” “us” and “our” refer to Vital Farmland Holdings, LLC and its affiliates. For purposes of this policy, “personal information” has the meaning given to such term (or to terms of similar intent, such as “personal data”) under applicable law, as and to the extent applicable to your rights and our obligations with respect to such information.
The Sources of Personal Information
Finally, in the provision of financial services to you, and subject to compliance with all applicable laws and regulations, information may be collected about you indirectly from monitoring or other means (e.g., archived email monitoring). In these circumstances, the information is not accessed on a continuous or routine basis, but it may be used for compliance or security purposes.
The Personal Information We Have about You
If you deal with Farmland LP in your individual capacity (e.g., as a private client), as a settlor/trustee/beneficiary of a trust, or as an owner or principal of a company or other investment vehicle established to invest on your behalf or on behalf of your family, etc., the typical information we collect about you may include (in addition to any other information as may be determined on a case-by-case basis):
- Your full name, date of birth, phone number, email address, organization, and other contact details;
- Extensive financial information, including source of wealth, investment experience and objectives, risk tolerance and, in certain jurisdictions, representations required under applicable law or regulation concerning your financial resources;
- Your account log-in, financial account, password, or credentials allowing access to your account;
- A personal identifier such as, depending on your country of residence, your Social Security Number, National Insurance Number, Tax File Number, Tax Identification Number, driver’s license number, state identification card, passport number, country identification number, etc.;
- Details of business advisers you may employ, including, for example, wealth managers and independent financial advisers;
- Records of communications, including, for example, recordings of your attendance (or your representative’s attendance) at certain meetings/phone calls, and electronic communications with our staff and meeting notes (see below for more details);
- The contents of your mail and email
- Your biometric information, such as photos and images of your likeness;
- Details of any complaints made by you with respect to your dealings with the relevant service provider to the fund;
- Data received from due diligence activities (such as anti-money laundering, politically exposed persons and sanctions checks); and/or
- Fraud inquiries (for example, information from police and other watchlist reports).
Of the above categories of personal information that we may collect about you, the following may be considered “sensitive” categories under certain applicable laws: (A) social security number, driver’s license number, state identification card, and passport number; (B) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to your account; and (C) your biometric information for the purpose of uniquely identifying you. This policy, and the practices described herein, applies equally to our collection, use, disclosure and other processing of such “sensitive” personal information.
Of course, you are not required to supply any of the personal information that we may request. However, failure to do so may result in our being unable to open or maintain your account or to provide services to you. While we endeavor to ensure that all information we hold about our clients is accurate, complete and up to date, we rely on our clients promptly notifying us if there are any changes to their personal information.
Our Website is not intended for children and we do not knowingly collect personal information relating to children (including any minors under the age of 16).
Our Use of Your Personal Information
We may use your personal information to:
- Administer, operate, facilitate and manage your relationship and/or account with Farmland LP. This may include sharing such information internally as well as disclosing it to third parties, as described in the following two sections, respectively;
- Contact you or, if applicable, your designated representative(s) by post, telephone, electronic mail, text, facsimile, etc., in connection with your relationship and/or account;
- Provide you with information (such as investment research), recommendations, or advice concerning products and services offered by Farmland LP;
- Facilitate our internal business operations, including assessing and managing risk and fulfilling our legal and regulatory requirements;
- Fulfill our contractual obligations, including, but not limited to, any contractual obligations as the general partner(s) and/or the investment adviser to a fund in which you have subscribed;
- Operate our Website and our other IT systems and safeguard their security;
- Fulfill our contractual obligations to other third parties to whom you have provided your information; and
- Provide information to future purchasers or merger partners of all or a portion of Farmland LP, or to provide information as may be necessary in connection with other corporate transactions, such as financings or restructurings.
If your relationship with Farmland LP ends, Farmland LP will continue to treat your personal information, to the extent we retain it, as described in this policy.
You may opt out of receiving promotional communications at any time by following the “unsubscribe” instructions found within Farmland LP email updates or changing your contact preferences. Please note, you will continue to receive essential account-related information, even if you unsubscribe from promotional emails.
We may process some of your personal information, including “sensitive” personal information, for purposes of automated decision-making and profiling. For example, in connection with our entering into, or the performance of, our contracts with you, we may collect your investor preferences and use that information to profile you for specific assets based on your investment objectives, time horizon, risk tolerance, etc.
We do not use or otherwise process your “sensitive” personal information other than as described herein.
Disclosures of Your Personal Information within Farmland LP
In order to provide efficient and reliable services and to improve product and service options available to you, more than one entity within Farmland LP may be given, or given access to, your personal information. For example, one Farmland LP entity might share your information with another in order to facilitate settlement of your transactions or the maintenance of your accounts, or as part of its arranging for the performance of specialized services such as US and international brokerage, asset management and advisory services. When so sharing your personal information, we adhere to applicable legal and industry standards regarding the protection of personal information. Additional information on how your personal information is protected while within Farmland LP is provided below, under the section entitled “Information Security: How We Protect Your Privacy.”
Disclosures of Your Personal Information to Third Parties
Farmland LP does not disclose your personal information to third parties, except as described in this policy. We may disclose your personal information as follows:
- To investment partners (e.g., deal sponsors), other financial institutions (e.g., lenders requiring such information pursuant to regulatory requirements) and/or nonaffiliated companies that perform support services for your account or facilitate your transactions with Farmland LP, including those that provide professional, legal or accounting advice to Farmland LP. Each such third party is required to maintain the confidentiality of such information to the extent received and to use your personal information only in the course of providing the services, and only for the purposes, dictated by Farmland LP;
- To fulfill your instructions;
- To protect our rights and interests and those of our business partners or pursuant to your express consent;
- If you use a financial or other adviser (as indicated on your subscription agreement or subsequently communicated to us), the details of your investments and valuations may be provided to such adviser(s);
- To future or potential purchasers or merger partners and on a need to know basis with current, future or potential lenders or other relevant persons as necessary in connection with other corporate transactions, such as financings or restructurings; and
- As permitted by, or to comply with, applicable laws and regulations, for instance, when responding to a subpoena or similar legal process, to protect against fraud and to otherwise cooperate with law enforcement or regulatory authorities or with organizations such as exchanges and clearinghouses.
Farmland LP has relationships with certain service providers to provide its services to you. Farmland LP has contracted with Juniper Square, HubSpot, and North Capital. Among other services, these technologies assist Farmland LP with investor onboarding, fund communications, quarterly reporting, and “Know Your Customer” requirements and other obligations. For purposes of satisfying “Know Your Customer” requirements, Farmland LP asks for your identifying information, such as your name, email address, tax identification number, address, telephone number, date of birth, gender, videos, and photographs that may contain images of your face, including your driver’s license or government-issued identification number or card. Farmland LP will also collect information pertaining to your account transactions. Your personal information will be shared with Juniper Square, HubSpot, and North Capital and will be subject to their privacy policies. Farmland LP may contract with other or alternate providers of such services in the future.
We will keep your personal information only for as long as necessary depending on the purpose for which it was provided. Details of retention periods for different aspects of your personal information are available in our retention policy, information about which you can request by contacting us. When determining the relevant retention periods, we take into account a variety of factors, including, but not limited to, the following:
- our contractual and business relationships with you;
- legal obligations under applicable law to retain personal information for a certain period of time;
- statutes of limitation under applicable law;
- (potential) disputes; and
- guidelines issued by relevant supervisory authorities.
Information Security: How We Protect Your Privacy
Farmland LP is committed to protecting the privacy and confidentiality of your personal information. We limit access to your personal information to authorized Farmland LP employees or agents and, as described above in Disclosures of Your Personal Information to Third Parties, third parties are held to appropriate standards of privacy. We also maintain physical, electronic and procedural safeguards designed to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure.
Unfortunately, the storage and transmission of electronic information is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of information stored on our or our service providers’ servers or transmitted via email or through the Website; you transmit personal information to us at your own risk. In addition, links on the Website may take you to third-party websites over which we have no control. While such links are provided for your convenience, you should be aware that the information handling practices of the linked websites might not be the same as ours. You should review any privacy policies and cookie policies on those linked websites. We are not responsible for any linked websites.
Privacy and the Internet
The following additional information will be of interest to you as a visitor to this Website:
- Users of FarmlandLP.com are required to identify and authenticate themselves prior to accessing our services. Generally, identification and authentication take place through the use of your user name and a password.
- Security is a cooperative effort between Farmland LP and the users of FarmlandLP.com. Please remember that your login and password are personal to you and should not be made available to any other person. Also, you should discontinue their use and notify us if you have any reason to suspect that someone else may be using them.
- Farmland LP may make available on this Website third-party applications such as content linking or sharing facilities. Information collected by providers of such applications is governed by their privacy policies.
- Our Websites are not currently configured to respond to “do not track” signals or similar mechanisms.
Cross-Border Data Transfers
The recipients of your personal information pursuant to this policy may be located in the United States or elsewhere, and certain of such recipients’ respective countries may have different data privacy laws and protections than your home country. We may transfer your personal information outside of your home country, including to our affiliates in other countries, for the purposes set out in this policy. Any transfer of your personal information to recipients in a third country will be made subject to appropriate safeguards or applicable derogations provided for under applicable law.
Information For EEA (EU plus Iceland, Norway and Liechtenstein) and UK Residents
What Rights Do I Have?
Under the EU’s General Data Protection Regulation “GDPR” and the UK General Data Protection Regulation (i.e., the GDPR as implemented into UK law, the “UK GDPR”), individuals located in the European Economic Area (“EEA”) or the UK, as applicable, have certain additional rights with respect to their personal data. For purposes of this section, “personal data” has the meaning given to such term in the GDPR or UK GDPR, as applicable. For the purposes of applicable data privacy legislation, Farmland LP is a “controller” of such individuals’ personal data.
Under certain conditions, you may have the right to:
- Access and obtain a copy of your personal data;
- Request correction of your personal data if it is incorrect or incomplete;
- Request restriction of the processing of your personal data;
- Object to the processing of your personal data;
- Request erasure or deletion of your personal data; and
- Request the transfer of your personal data to another party in a machine-readable, commonly used and structured format.
Where possible, we obtain and rely on user consent as a lawful basis for processing personal data. In some cases, Farmland LP may process and retain personal data pursuant to a legal obligation or another legitimate interest under the GDPR or UK GDPR, to protect your vital interests, the interests of Farmland LP, or those of another person, or where necessary for the performance of a contract with you for provision of our services. If we have obtained your consent, then you may withdraw it any time by contacting us.
These rights are not absolute and each is subject to certain exceptions or qualifications.
Information For California Residents
What Rights Do I Have?
Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), residents of the state of California have certain rights with respect to their personal information. For purposes of this section, “personal information” has the meaning given to such term under the CCPA. Please note that the rights under the CCPA do not apply to personal information collected, processed, sold or disclosed subject to the Gramm-Leach-Bliley Act (Public Law 106-102), the Fair Credit Reporting Act (12 CFR 1022) and/or the California Financial Information Privacy Act. Under the CCPA you may have the right to:
- Request that we disclose, free of charge, the categories and specific pieces of personal information we collect about you (and, if applicable, sell or otherwise disclose to a third party and the categories of such third parties), the sources from which such personal information was collected, and the business purpose for collecting, selling or disclosing such personal information;
- Choose to opt out of the sale of your personal information. As noted above, we do not currently sell your personal information;
- Request that we delete the personal information we have collected about you; and
- Request that we correct any inaccurate personal information we have collected about you.
We will not discriminate against any California resident who exercises the rights set forth in this section.
These rights are not absolute and each is subject to certain exceptions or qualifications.
How May I Exercise My Individual Rights?
You have the right to appoint an authorized agent to exercise these rights on your behalf. If you want to exercise any of these rights, or have your authorized agent exercise any of these rights on your behalf, you may contact us. Please note that Farmland LP may request additional information from you to verify your identity before we disclose any personal or account information.
Other Privacy Policies or Statements; Changes to Policy; Contact
This policy provides a general statement of the ways in which Farmland LP processes and protects your personal information. You may, however, in connection with specific products or services offered by Farmland LP, be provided with privacy policies or statements that supplement this policy. In the event of a conflict between the terms of this policy and such supplemental privacy policies or statements, such supplemental privacy policies or statements will govern in relation to your use of such products or services. This policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information. The revised policy will be effective immediately upon posting to our Website.
Statement on Cookies
Cookies at Farmland LP and How We Use Them
- To improve our Website security by “authenticating” you (i.e., verify that you are who you say you are) when you sign-in to our Website.
- To keep track of your specified preferences such as language, time zone and timeouts after periods of inactivity.
- To allow you to navigate our Websites more easily by “remembering” your identity so that you do not have to input your password multiple times as you move between pages or services.
- To conduct research and analytics to improve our Website and our products and services. This includes compiling statistical information concerning, among other things, the frequency of your use of our Website, the pages visited and the length of each visit.
- To display Farmland LP advertisements when you visit websites of third parties with whom we have marketing relationships and to help us gauge the effectiveness of our advertising efforts. These parties may gather information concerning your use of other websites and provide us with de-identified information about you (such as demographic information or the names of websites where you have been shown ads) which we may use to provide you with more relevant and useful advertising.
We may use cookie technology to collect certain aggregate and non-personal information when you visit our Website. “Clickstream” data (e.g., information regarding which of our Website pages you access, the frequency of such access, and your product and service preferences) may be collected by Farmland LP itself, or by our service providers, using cookies, Web beacons, page tags, or similar tools that are set when you visit our Website or when you view an advertisement we have placed on another Website. Clickstream data and similar information may be shared internally within Farmland LP and used: for administrative purposes; to assess the usage, value and performance of our online products and services; to improve your experience with our Website; and as otherwise permitted by applicable law or regulation. If you are a Farmland LP client, this information helps us suggest products or service offerings that may be of interest to you. This information may be processed by us for the purposes described above, or on our behalf by third parties, solely in accordance with our instructions.