Privacy Policy

Last Updated: August 29, 2023

Banyan Infrastructure Corporation and its affiliates (collectively, "Banyan," "we", “us” or "our") is strongly committed to protecting your privacy and personal information. This Privacy Policy describes our privacy practices and how we handle personal information that we collect and use when you access our products, services, features, or content through, without limitation, our website, platform, applications, business offerings, application programming interfaces (“APIs”), and software provided on or in connection with those products, services, features, or content (collectively, the “Service”).

By accessing, browsing or otherwise using the Service, you accept the terms of this Privacy Policy. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should discontinue access or use of our Service.

This Privacy Policy applies generally, and exclusively, to the information that Banyan processes. However, this Privacy Policy is subordinate to any agreement or other specific terms and conditions set forth in any contract you may have with Banyan relating to our business offerings.

Personal information we may collect

We collect information that you provide to us. You may provide us with information that alone or in combination with other information in our possession may be used to identify, locate or contact you through the Service or otherwise. This information is considered personal information and may include:

Contact Data: such as your first and last name, salutation, email address, billing and mailing addresses, and phone number.
Profile Data: such as the username and password that you may set to establish an online account with us, photograph, biographical information, and any other information that you add to or is associated with your account.
Communications Data: such as communications that we exchange with you, including when you contact us with questions or feedback, through the Service, social media, or otherwise.
Payment and Transactional Data: such as information relating to or needed to complete your orders and/or payments on or through the Service (including payment card information and billing information) and your purchase history.
Marketing Data: such as your preferences for receiving our marketing communications and details about your engagement with them.
User-Generated Content: such as photos, images, music, videos, comments, questions, messages, and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata.
Government-Issued Identification Numbers Technical Usage Data: such as your interactions, use and visits to the Service, including but not limited to information about your time zone, internet protocol (IP) address, dates of access and the like via cookies, analytics programs and software, and other tracking technology.
Device Data: such as the operating system, browser, name of the device you are using to access the Service.

We do not collect any “Special Categories of Personal Data” about you including but not limited to details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data, nor do we collect any information about criminal convictions and offenses.

Third-Party Sources. We may combine personal information we receive from you with personal information we obtain from other sources, including but not limited to:

Public Sources: such as social media platforms (e.g. LinkedIn Sales Navigator) or online news sources.
Data Providers: such as information services and data licensors that provide demographic and other information.
Marketing Partners: such as joint marketing partners and event co-sponsors.

If you choose to connect your account on a third-party platform or network to your account through the Service, we may collect information from that platform or network. This Privacy Policy applies only to the use and disclosure of personal data that we collect while you use the Service. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave the Service and go to another site. During this process, a third party may collect personal data from you. We have no control over, do not review, do not endorse, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party. If you submit information to any of those sites, that information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Automatic Data Collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

Device Data: such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, random access memory (RAM) and disk size, central processing unit (CPU) usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Performance Data: such as clickstream data and diagnostic, crash, website, performance logs and other reports.
Online Activity Data: such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our marketing emails or clicked links within them.
Location Data: such as your location when you authorize the Service to access your device’s location.

Cookies and Similar Technologies. Like many online services, we use or may use the following technologies alone or in conjunction with one another, including but not limited to:

Cookies: text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating analytics and online advertising. You can also control the use of cookies on your device, but choosing to disable cookies on your device may limit your ability to use some features on our Service. We may use both session-based and persistent cookies. Session-based cookies exist only during a single session and disappear from your device when you close your browser or turn your device off. Persistent cookies remain on your device after you close your browser or turn your device off. For additional information, please see our Cookie Policy which is herein incorporated by reference.
Local storage technologies: such as HTML5 and Flash, which provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Web beacons (also known as pixels, tags, JavaScript): used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked, as well as to operate and improve our Service. For example, we may place a pixel in a marketing email that notifies us when you click on a link in the email.

Data About Others. Users of the Service may have the opportunity to refer contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

How we may use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection including, but not limited to:

provide, operate, conduct research on and improve the Service and our business;
process your payments and complete transactions with you;
conduct Know Your Customer (KYC) checks, background checks and other screens permitted by law;
establish and maintain your user profile on the Service;
facilitate your invitations to associates who you may want to invite to use the Service;
assess your eligibility for the Service;
enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
prevent, identify, investigate and deter fraud, misuse of the Service, or harmful, unauthorized, unethical or illegal activity, criminal activity;
communicate with you about the Service, including by sending announcements, general marketing emails and updates, security alerts, and support and administrative messages;
fulfill and comply with applicable law or our good faith belief that action is necessary to fulfill and comply with applicable laws, lawful requests, and legal obligations and processes to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties, including without limitation auditing our internal processes for compliance with legal and contractual requirements or our internal policies and enforcing the terms and conditions that govern the Service;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
understand your needs and interests, and personalize your experience with the Service and our communications; and
provide support for the Service, and respond to your requests, questions and feedback.

Aggregated or De-Identified Information for Research and Development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or otherwise anonymized data by removing information that makes the data personally identifiable to you (collectively, “Aggregated Data”) from personal information we collect. We will not attempt to re-identify such Aggregated Data. We may use this Aggregated Data, publish such Aggregated Data, make such Aggregated Data generally available, or share such Aggregated Data with third parties for our lawful business purposes, including without limitation to analyze and improve the Service and promote our business.

Marketing and Advertising. We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

Direct Marketing: We may send you Banyan-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of Marketing Communications section below.
Interest-Based Advertising. We may engage third-party advertising companies and social media companies to display ads on other online services. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) over time across the Service, our communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the section below.

With your Consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection without further notice to you, unless required by law:

Affiliates: our corporate parent, subsidiaries, and affiliates, for purposes and in a manner consistent with this Privacy Policy.
Service Providers and Vendors: third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics).
Payment Processors: any payment information you use to make a purchase (including payment card information and billing information) on the Service is collected and processed directly by our payment processors, which may use your payment information in accordance with their respective privacy policies.
Advertising partners: third-party advertising companies for the advertising purposes described above.
Third-Party Platforms: if you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as by linking your account with the Service to a third party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.
Professional Advisors: professional advisors, such as lawyers, auditors, bankers, and insurers, when necessary in the course of the professional services that they render to us.
Authorities and Others: law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for compliance and protection purposes described in this Privacy Policy.
Business Transferees: potential and actual acquirers and other relevant participants in business transactions (or negotiations and diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, bankruptcy, receivership, sale or other disposition or transfer of all or any portion of the business or assets of, or equity interests in, Banyan or our affiliates when in the course of the diligence process with counterparties and other parties assisting such transactions and when transferred to a successor or affiliate as part of such transactions along with other assets.
Other Users and the Public: your personal information may be visible to other users of the Service and the public. In situations in which your personal information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), we are not responsible for any such use of information.

Your choices and rights

You have the following choices with respect to your personal information and, depending on location, you may have certain statutory rights to:

Access, Delete, Transfer or Update Your Information: If you have registered for an account with us through the Service, you may access, delete, transfer or update certain account information by logging into the account.
Opt-Out of Marketing Communications: you may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, as applicable, or by contacting us at: legal@banyaninfrastructure.com. Please note that if you choose to opt-out of marketing-related communications, you may continue to receive Service-related and other non-marketing communication.
Cookie Restrictions: most browser settings let you delete and reject cookies placed by websites. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, you may not be able to use all functionality of the Service and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. You may be able to limit use of HTML5 cookies in your browser settings. Unlike other cookies, Flash-based local storage cannot be removed or rejected via your browser settings, but you can adjust the settings of your Flash player to block it. Blocking Flash storage may impede the functionality of Flash applications, including those employed by the Service. For more information on Flash local storage visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Please see our Cookie Preferences policy for additional information.
Do Not Track: Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. California law requires that operators of websites and online services disclose how they respond to a Do Not Track signal. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signal. We continue to work with the online industry to define a common understanding of how to treat Do Not Track signals. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.
Declining to Provide Information: We may need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.
Third-Party Platforms: If you choose to connect to the Service through a third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.
Advertising Choices: You can limit use of your information for interest-based advertising by:
Browser settings. Blocking third-party cookies in your browser settings.
Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.
Platform settings. Advertising platforms such as Google and LinkedIn offer opt-out features that let you opt-out of use of your information for interest-based advertising:

Google: https://adssettings.google.com/
Facebook: https://www.facebook.com/about/ads

Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:

Network Advertising Initiative: www.networkadvertising.org/managing/opt_out.asp
Digital Advertising Alliance: optout.aboutads.info
AppChoices mobile app, available at www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.

You will need to apply these opt-out settings on each device from which you wish to opt-out. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked to above.

Other sites and services

The Service may contain links to third-party operated services and business offerings such as websites, mobile applications, and other online services. In addition, our content may be integrated into web pages or other online services that are not associated with or controlled by us. The information you share with such third-party services is governed by policies and practices of the third-parties and not governed by this privacy policy. These links and integrations are not an endorsement by us of or representation that we are affiliated with or have reviewed any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies and practices of the other websites and mobile applications and online services you use, and please contact such third parties directly for additional information on their privacy policies and practices.

Security

We implement many commercially reasonable, technical, administrative organizational and physical safeguards designed to protect the personal information we collect both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or description. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Therefore, you should take special care in deciding what information you send to us or any third-parties. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service or third party services and business offerings.

Retention

We will retain your personal information for only as long as we need in order to provide our Service to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our policies and legal obligations. How long we retain personal information will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements. We may also create and use Aggregated Data for research, statistical or other lawful, as described above, in which case we may use this information indefinitely without further notice to you.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Your Privacy Rights

If you are the resident of a non-US country such as the United Kingdom or region such as the European Economic Area (EEA), you may have certain additional rights. Additionally, if you are a resident of the United States, you may have certain additional rights based on your state of residence.

For example, if you are a California resident, you may have certain rights under the California Consumer Privacy Act (“CCPA”) with respect to information collected by us during the twelve (12) months preceding your request to exercise such rights. These include the right to (i) request access to, details regarding, and a copy of the personal information we have collected about you and/or shared with third parties; (ii) request deletion of the personal information that we have collected about you; and (iii) the right to opt-out of sale of your personal information. As the terms are defined under the CCPA, we do not “sell” your “personal information.” Note that this notice regarding CCPA does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

California’s “Shine the Light” law permits California residents to request the following information (to the extent we share your personal information in this way):

the categories of information we disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year; and
the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

California law requires that operators of websites and online services disclose whether other third parties may collect personally identifiable information about an individual’s online activities from their site or service. Currently, we do not allow third parties to collect personally identifiable information about a user’s online activities from our Service. However, we expect we may in the future and if we do, we would allow third parties with which we have a separate agreement to use cookies and other technologies to collect information about your use of our website. These third parties will include (1) business partners, which collect information when you view or interact with one of their advertisements on our website; and (2) advertising networks, which collect information about your interests when you view or interact with one of their advertisements.

The information gathered by these third parties would be used to make predictions about your interests or preferences so that they can display advertisements or promotional material on our site and on other sites across the Internet tailored to your apparent interests.

The business partners and advertising networks that serve interest-based advertisements on the Service will have limited access to a small amount of information about your profile and your device, which is necessary to serve you advertisements that are tailored to your apparent interests. It is possible that they may reuse this small amount of information on other sites or services.

We will not share with these third parties any information that would readily identify you (such as email address); however, these third parties may have access to information about your device (such as IP or MAC address). We will not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. Other than as discussed in this document, we have no control over these third parties.

To exercise your privacy rights as a resident of California or another state please contact us at legal@banyaninfrastructure.com. In your request, you must provide your first and last name, your mailing address, and certify that you are a resident of California or the state under which you are exercising your privacy rights. We reserve the right to require additional information to confirm your identity and residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Notwithstanding the above, we cannot edit or delete any information that is stored on a blockchain or other technologies involving immutable records.‍

This notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
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Children

The Service is not directed to or intended for use by children under thirteen (13) years of age. If we learn that we have collected personal information through the Service from a child under thirteen (13) years of age without the consent of the child’s parent or guardian as required by law, we will delete it. We encourage parents or guardians with concerns to contact us at legal@banyaninfrastructure.com. If you are thirteen (13) years of age or older, but under eighteen (18) years of age, you must have consent from your parent or guardian to use our Service.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service or your giving us personal information after the effective date of any modified Privacy Policy indicates your consent to and acceptance of the modified Privacy Policy.

How to contact us

If you have any queries, concerns or complaints about the manner in which we have collected, stored, used or disclosed your personal information, please contact us at legal@banyaninfrastructure.com. We will treat your complaint confidentially and, after investigating your complaint, discuss the ways in which we can remedy the situation. We will ensure that we respond to your complaint within a reasonable time (and in any event within the time required by applicable law).

If your inquiries or complaints regarding our Privacy Policy or use of data that have not been resolved to your satisfaction within 30 days via the means set forth herein, please contact the relevant authority including but not limited to:

The Information Commissioner’s Office (if you are a United Kingdom individual).
These EEA offices (if you are a European Union individual).
The Federal Trade Commission (if you are a United States individual).
The California Privacy Protection Agency (if you are a California individual)

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