Last Updated: June 9, 2021
At Banyan Infrastructure Corporation (“Banyan”, “we”, or “us”), our most important asset is our relationship with our user community. We are committed to maintaining the confidentiality, integrity, and security of information about our users and their organizations.
Information that we receive from you when you interact with the Services;
How we collect, use, disclose, share, secure, and process the personal and company information you provide when you use our software, through our website or the Banyan platform (collectively, the “Site” and, together with any related software, tools and services provided in connection with the Application or the Site, the “Banyan Platform”);
If and why Personal Information may be disclosed to third parties; and
Please review the Jurisdiction-specific provisions below for more information if you are visiting from Europe, California, or Nevada.
INFORMATION WE COLLECT
Types of Information
Registration Data when you purchase or register for our Services or create a Banyan account, we collect directly from you (or for certain corporate accounts, from your employers). Personal Data may include your name, billing and mailing address, email, professional title, company name, phone numbers, other payment information, and password. In addition, we (or our third-party bank integrations on our behalf) will collect Personal Data including your account information
Transaction Data that Allows Us to Provide our Services to You. This includes financial information, such as bank account, payment card and other payment account, contact information (billing and mailing address, email address, and phone numbers), expense data, receipts, transaction data imported from third party financial service companies, and other details about payments to and from you and other details of products and services you have purchased from us. If you do not wish to allow us to collect and/or share your information in this manner please opt out by contacting us at firstname.lastname@example.org.
Technical Data. The Banyan Service (which may be hosted by a third-party service provider) collects Personal Data from you, such as browser type, your approximate geographic location of your mobile device or computer (from your Internet Protocol (IP) address), operating system and version, Internet Protocol (IP) address, domain name, information about your application, operating environment and hardware profiles and/or a date/time stamp for your visit. We may also use Identifiers (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and/or access to the Banyan Service and your activity on the Site and the Application. Like most internet services, we automatically gather this Personal Data and store it in log files each time you visit the Site, use the Application or access your account on our network.
Third Party Data: We will collect your Personal Data from you unless it is unreasonable or impracticable to do so. However, we may collect and receive Personal Data about you from the following non-publicly accessible sources: (i) companies that distribute the Banyan Service by way of a co-branded or private-labeled website, (ii) companies that offer their products and/or services via the Banyan Service, or (iii) companies affiliated with Banyan. We may also collect your Personal Data if necessary from public sources (such as LinkedIn, Corporate Subscribers Websites, Clearbit, Lexis Nexus). We may add this information to the information we have already collected from you via our Site or Application in order to perform and improve the Banyan Service. If you provide us Personal Data about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data information is information that has been anonymized and combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be identified. We may use Aggregated Data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.
We do not collect any “Special Categories of Personal Data” about you (this includes 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 offences.
THIRD PARTY LINKS
What are cookies and how long are they stored?
Cookies are small pieces of information which are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application and which store and sometimes track information about your use of the Site or Application (as the case may be). A number of cookies we use last only for the duration of your web or Application session and expire when you close your browser or exit the Application (known as “session cookies). Other cookies are used to remember you when you return to the Site or Application and will last for longer (known as persistent cookies). A persistent cookie lasts until you or your browser deletes the cookies or they expire.
What other similar tracking technologies does Banyan use?
Web Beacons: In addition to cookies, web beacons may be set by us or third parties in respect of your use of the Site or Application. Web beacons are small image files within the content of the Site or Application for analytics purposes so we or third parties can understand which parts of the Site or Application are visited and which functions of the Site or Application are used and whether particular content is of interest.
Flash cookies: We may also use so-called “flash cookies” (also known as “Local Shared Objects” or “LSOs”) to collect and store information about your use of our Services.
Usage information may be linked to your account in order to assist Banyan to provide services to your account, for example analyzing data for the purposes of trouble shooting. Banyan will not sell or disclose usage data to any third party unless such usage data has been aggregated or de-identified and is no longer capable of identifying you as an individual.
Cookies on our Sites are generally divided into the following categories:
Strictly necessary cookies. These are cookies that are required for the operation of our website or provide necessary functions relating to the services you request. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. These cookies also allow us to collect statistical information about how you use the Site or App (including how long you spend on the Site or Application) and where you have come to the Site or Application from, so that we can improve the Site and learn which parts of the Site and which functions of the Application are most popular with users.
Targeting cookies. These cookies enable different advertising related functions. They may allow us to record information about your visit to our website, such as pages visited, links followed, and videos viewed so we can make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Here are links to information from some of the larger browsers about how you can control your browser cookies: Chrome, Firefox, Safari, Internet Explorer. Visit the All About Cookies.org to learn more cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the Site or Application, you may not be able to take full advantage of the Banyan Service.
To opt out of Google Analytics you can download a Browser Add-On.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the Application, the events that occur within the Application, aggregated usage, performance data, and where the Application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile Application.
Do Not Track Statement
Some browsers have a “do not track” feature that allows you to tell websites that you do not want to have your online activities tracked. At this time, due to a lack of industry standards, we do not respond to browser “do not track” signals.
USE OF YOUR PERSONAL DATA
Banyan and our Partner Companies may use your Personal Data in the following ways:
to facilitate the creation of and secure your account on our network;
identify you as a user in our system;
to administer and provide improved administration of the Banyan Service;
to improve the quality of experience when you interact with the Banyan Service, including staff training;
to send you a welcome email to verify ownership of the email address provided when your account was created;
to send you administrative email and/or chat notifications, such as security or support and maintenance advisories;
to collect fees and payments owing to us;
to respond to your inquiries related to employment opportunities or other requests and to resolve disputes;
to provide you with access to and information about customized features, new functionality, and partner integrations;
to send promotional communications newsletters, personal interest pieces, interests for the Banyan community, and news about events, elections, and campaigns;
to send with your consent;
to prevent and identify fraud and other illegal activity including but not limited to making telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;
to compare information provided by you for accuracy and verification with third parties;
to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses and responding to consumer rights requests;
as otherwise: described to you when collecting your personal information; directed by you; needed to comply with laws; and
to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all 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 consumers is among the assets transferred.
From time to time, we may also use your Personal Data to send important notices to you, such as communications about purchases you have made, or changes to our terms and conditions or other policies. This information is important to your interactions with us, and you acknowledge that if you opt out of receiving these communications, where permitted by applicable law, Banyan reserves its right to discontinue its services to you.
In some cases we collect information provided by our corporate users, and in such cases, we have no direct relationship with the individuals whose Personal Data we process. If you believe your Personal Data has been collected by us in such circumstances, and would no longer like to be contacted as an employee or customer of one of our corporate users, please contact that corporate users directly in order to request your removal.
DISCLOSURE OF YOUR PERSONAL DATA
We may share your Personal Data with Partner Companies to provide technical support or to provide specific services, such as hosting of your applications, maintenance services, or database management. Partner Companies will have access to your Personal Data only to perform these services on our behalf and are obligated not to disclose or use it for any other purpose. They may be located, or their data processing activities may take place, in the United States of America or elsewhere outside the European Economic Area (EEA).
Banyan may sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Personal Data may be among the items sold or otherwise transferred in these types of transactions, you will be notified via email and/or a prominent notice on our Site of any change in ownership of your Personal Data. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
In certain situations, Banyan may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Banyan may disclose Personal Data if it is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants or lawful requests from government authorities served on Banyan; or (b) protect or defend the rights, reputation or property of Banyan or users of the Banyan Service. We look for opportunities to be an advocate for you when law enforcement or other third parties subject to a legal process seek to encroach on your privacy. If we receive requests from law enforcement or private parties seeking information, we are prepared to take a stand when appropriate. We have various tools at our disposal that we may elect to rely on to do so depending on the circumstances, for example: our legal team reviewing these requests to ensure that parties are following applicable laws and statutes; rejecting or challenging requests that have no legal basis or are unclear, overbroad, or otherwise inappropriate; construing legal process as narrowly as possible; encouraging parties to look elsewhere for the information. We are prepared to ensure that requests have a legal basis.
Except as otherwise stated in this policy and our Terms of Service, we do not sell, trade, share, or rent the Personal Data collected from the Banyan Service to third parties.
We may aggregate, de-identify and anonymize any information collected through the Banyan Service so that such information is no longer Personal Data. We may use and share such aggregated and anonymized information solely for marketing purposes or distribution to third party research firms.
Service Provider, Sub-Processors/Onward Transfer
Banyan may transfer Personal Data to companies that help us provide the Banyan Service and related programs. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients.
Banyan offers you the choice of receiving different types of communication and information related to our company, products, and services. You may subscribe to e-newsletters or other publications. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt-out mechanism for your convenience where available. You may also access and manage your preferences from your account.
PERSONAL DATA CHANGES
Access to Data Controlled by our Corporate Users
You have the right to access your Personal Data subject to any exceptions which may apply in the jurisdiction in which you reside. If you shared your Personal Data with the corporate user administering such an account, you acknowledge that some Personal Data shared with a corporate user may not be able to be deleted as it pertains to their records. Upon request, we will provide you with information about whether any of your Personal Data is shared with a corporate user administering a connected account.
SECURITY OF YOUR APPLICATION AND PERSONAL DATA
Banyan is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that Banyan cannot fully eliminate security risks associated with Personal Data. If you have any questions about the security of your Personal Data, you can contact us at email@example.com.
If you have general enquiry type questions, you can choose to do this anonymously or use a pseudonym. However, if you require information which is specific to your circumstances then it may not be possible for you to deal with us anonymously or by pseudonym. You acknowledge and agree that when contacting Banyan, whether by email, chat, or otherwise, you will not include any personally identifiable information in your communications, and that if such information is included in your communications with Banyan, Banyan will have no legal obligation or liability with regard to such information.
Banyan is based in the United States, and, unless we expressly agree otherwise, we may host, transfer, and process data, including Personal Data, in the United States and in other countries through Banyan and third parties that we use to operate and manage the Service. These countries may have data protection laws that are different from those of your country of residence. When you access or use the Service, or otherwise provide information to us, you understand and acknowledge that the processing and transfer of information in and to the United States and other countries which may have different privacy laws from your or their country of residence. Banyan takes appropriate measures to ensure such transfers are in compliance with applicable laws and subject to the additional jurisdictional terms set forth in sections below.
Other than in aggregated, anonymized form as permitted under the Banyan Terms of Service, and except as required by applicable law, we will delete or otherwise destroy your Personal Data as soon as practicably possible following your termination or cancellation of your use of the Banyan Service.
Banyan will retain data licensed to our corporate users as set forth in the Banyan Terms of Service for as long as needed to provide services to our corporate users. Banyan will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We ensure that Personal Data we dispose of is de-identified or destroyed in a secure fashion.
The corporate user with which you are affiliated with may have specific policies concerning the retention of data. Please consult the entity or organization with which you are affiliated with for additional detail about its specific data retention policies.
Additional Disclosures for Data Subjects in the United Kingdom, European Economic Area (EEA), and Switzerland
Where we transfer your Personal Data to another country outside the UK, EEA and / or Switzerland, we will ensure that it is protected and transferred in a manner consistent with legal requirements. In relation to data being transferred outside the UK and / or EEA, for example, this may be done in one of the following ways:
the country that we send the data to might be approved by relevant data protection authorities as offering an adequate level of protection for Personal Data;
the recipient might have signed up to a contract based on “model contractual clauses” approved by relevant data protection authorities, obliging them to protect your Personal Data;
the recipient may have adhered to binding corporate rules (only for intragroup transfers); or
in other circumstances the law may permit us to otherwise transfer your Personal Data outside Europe.
You can obtain more details of the protection given to your Personal Data when it is transferred outside the UK, EEA and / or Switzerland (including a copy of the standard data protection clauses which we have entered into with recipients of your Personal Data) by contacting us as described in a section below. Please note, following recent decisions invalidating the adequacy of the EU-U.S. and Swiss-U.S. Privacy Shields, we no longer rely on the Privacy Shields for cross-border personal data transfers.
Legal Basis for Processing
We have listed the use of your Personal Data by us in a section above. The legal grounds on which we process the Personal Data for those uses includes; if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, or for our legitimate interests to providing our services to our customers and the effective management of Banyan and to protect our property, rights or safety of Banyan, our customers or others. If data processing is based on consent, note that you have the right to withdraw your consent at any time, but that the withdrawal of your consent does not affect the lawfulness of processing based on consent before its withdrawal.
Your Privacy Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data, such as:
Access: The right to request access to the Personal Data that Banyan has about you;
Rectification: The right to rectify or correct any Personal Data that is inaccurate or incomplete;
Portability: The right to request a copy of your Personal Data in electronic format so that you can transmit the data to third parties, or to request that Banyan directly transfer your Personal Data to one more third parties;
Objection: The right to object to the processing of your Personal Data for certain purposes;
Erasure: The right to erasure of your Personal Data when it is no longer needed for the purposes for which you provided it, as well as the right to restriction of processing of your Personal Data to certain limited purposes where erasure is not possible.
Restriction: You have the right to request that we restrict our processing of your Personal Data where you believe such data to be inaccurate; our processing is unlawful; or we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.
Consent: the right to withdraw your consent to the processing of your Personal Data at any time. Please note, however, that we may still be entitled to process your Personal Data if we have another legitimate reason for doing so. For example, we may need to retain Personal Data to comply with a legal obligation
The rights described above may not be absolute and are limited by applicable laws. You can exercise your privacy rights by contacting us via email at firstname.lastname@example.org.
We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security.
International and Onward Transfers of Data
Information that our European users submit through the Banyan Service or the Site is sent to and stored on secure servers located in the United States of America and may be transferred by us to our other offices and/or to the third parties (such as our Partner Companies, as defined below), who may be situated in the United States of America or elsewhere outside the European Economic Area (EEA) and may be processed by staff operating outside the EEA. The US and other non-EEA countries do not have similar data protection laws to the European Union, and you should be aware in particular that the law and practice in the United States and some other non-EEA countries in respect of law enforcement and national security authority access to data is significantly different from Europe. However, we will ensure as reasonably as possible that where your personal information is to be transferred or shared outside the EEA, that it is only transferred or shared where we have appropriate safeguards in place, for example by agreeing standard contractual clauses adopted by the European Commission.
For individuals located in the European Economic Area (“EEA”), United Kingdom, or Switzerland (collectively the “Designated Countries”): Where personal data are transferred to a third country or to an international organisation, Banyan implements appropriate safeguards, such as contractual obligations, and standard contractual clauses adopted by the European Commission relating to the transfer.
You also have a right to lodge a complaint with a competent supervisory authority situated in a member state of your habitual residence, place of work, or place of alleged infringement. You can find the relevant supervisory authority name and contact details here for individuals located in the EEA and here for individuals located in the United Kingdom.
Additional Disclosures for California Residents
This Notice does not apply to employment-related Personal Information collected from California-based employees, job applicants, contractors, or similar individuals, or to persons interacting with us in their capacity as a representative of a business.
Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this notice. If you need to access this Policy in an alternative format due to having a disability, please contact email@example.com.
Definitions Specific to this Section
“Personal Information” 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. Personal Information does not include publicly available information obtained from government records; deidentified or aggregated consumer information that cannot be reconstructed to identify you; any information covered under the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act, activities covered by the Fair Credit Reporting Act, or protected health information as defined under the Health Insurance Portability and Accountability Act.
“Sale” or “sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to another business or a third party for monetary or other valuable consideration.
“Service Provider” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a business and to which the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.
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.
Personal Information of Minors
The Banyan Service is not intended for children or minors under the age of 18 years old without express consent or authorization from a parent or a legal guardian. Accordingly, we do not knowingly collect or store information about minors under the age of 18, and we do not sell the Personal Information of minors. If you believe that we have unintentionally received Personal Information about a minor under the age of 18 years old, please contact us at firstname.lastname@example.org.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months or delete certain information. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements, or other reasons provide by law. We will notify you following submission of your request if this is the case.
The disclosure rights include:
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 selling 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 (and access thereto, also called a data portability request).
Whether we have disclosed your personal information for a business purpose and if so, the categories of personal information that each category of recipient received.
Right to Request Deletion
You have the right to request that we delete your personal information. Under certain circumstances Banyan may be unable or otherwise not required to delete your personal information, for example, to comply with legal obligations, or to complete a business transaction that you have requested.
Right to Non-Discrimination
You have a right not to receive discriminatory treatment for exercising your privacy rights as identified in this section of the privacy notice as conferred by the CCPA.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a consumer request to us via email at: email@example.com with the subject line “California Rights Request.” We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account. If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address. In addition, if you do not have an account and you ask us to provide you with specific pieces of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
You may designate an authorized agent to exercise your rights under the CCPA on your behalf, however we may deny a request as permitted by the CCPA. To designate an authorized agent, you must provide the agent, and the agent must present to us, written permission signed by you. We may also require you to verify your identify directly with us and directly confirm with us that you provided the authorized agent permission to submit the request, unless your authorized agent provides us with power of attorney pursuant to Probate Code sections 4121-4130.
Sale of Personal Information
We have not sold the personal information of California residents in the preceding twelve months. We do not sell the personal information of minors under the age of 16 years of age. This fact notwithstanding, you can opt out of data sale by emailing a request to that effect to: firstname.lastname@example.org.
Collection, Use, and Disclosure of Personal Information
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users who are California residents to request and obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to email@example.com.
Additional Disclosures for Nevada Residents
Pursuant to Nevada law, you may direct a business that operates an internet website not to sell certain Personal Information a business has collected or will collect about you. Banyan does not sell your Personal Information pursuant to Nevada law. For more information about how we handle and share your Personal Information or your rights under Nevada law, contact us at firstname.lastname@example.org.
QUERIES, CONCERNS, AND COMPLAINTS
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 the us email@example.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).
The Information Commissioner’s Office (if you are a United Kingdom individual);
These EEA offices (if you are a European Union individual); or
The Federal Trade Commission (if you are a United States individual).