Privacy Policy

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. 

This privacy policy (“Privacy Policy” or “Policy”) describes:

  • 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

  • Your choices regarding the collection, use, access, correction, and processing of your Personal Information (as defined in this Privacy Policy) and how to contact us if you have any further queries or complaints about our management of your personal information.

In this Privacy Policy, “you” and “your” refers to individual users of the Banyan Platform, as well as to corporate users. Capitalized terms not defined in this privacy policy are defined in the Banyan Terms of Service.

We process your Personal Data as set out in the Privacy Policy. When you submit information to or through the Services, you consent to the collection and processing of your information as described in this Privacy Policy. Please note that this Privacy Policy does not apply to information collected through third-party websites or services that you may access through the Services.

Please review the Jurisdiction-specific provisions below for more information if you are visiting from Europe, California, or Nevada.


    By using the Services, you confirm that you have read and accepted the terms of this Privacy Policy and our Terms of Service and consent to our collection, use, disclosure, and retention of your information as described in this Privacy Policy.
    If you have not done so already, please also review our Terms of Service. The Terms of Service contain provisions that limit our liability to you. This Privacy Policy is incorporated into and made a part of our Terms of Service.


    The Effective Date of this Privacy Policy is set forth at the top of this Policy. Whenever possible, we will provide you with advance written notice of our changes to this Privacy Policy. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.


    Types of Information

    1. Personal information or “Personal Data”, means any information about an individual from which that person can be identified, or which when combined with other information which is in the possession of, or is likely to come into the possession of, Banyan could be used to identify that person. It does not include data where the identity has been rendered anonymous in such a way that the individual is no longer identifiable, even when that data is included with other information that is in the possession of, or likely to come into the possession of, Banyan. Banyan will not use your Personal Data except as set forth in this Privacy Policy and in the Terms of Service.

      We may collect (both directly and indirectly), use, store, and transfer different kinds of personal data about you. For specific details about how Banyan does this with cookies, identifiers and other tracking technologies please review the Banyan Cookie Policy below. The categories of Personal Data we collect, use, store and transfer have been grouped together as follows:

      1. 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 

      2. 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 

      3. 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. 

      4. Information about your Interactions with Banyan. We collect information about your interactions with Banyan, which may include your use of our products, services, websites, or apps, including information collected using Cookies and other technologies (for further information on how we use Cookies and the information we collect using Cookies, see our cookies policy in below). It may also include communications with us, such as if you contact our customer service, including recording calls and the contents of your device screen (by Banyan itself or using a third-party service) for quality and training purposes. This may also include data about how you exercise rights or preferences regarding your data. We also retain information on your behalf, such as the Personal Data described above and any correspondence. If you provide us feedback or contact us via email, we will collect your name and email address, IP address, as well as any other content included in the email, in order to send you a reply, and any information that you submit to us, such as a resume. If we conduct a survey in which you participate, we may collect additional profile information. We may also collect Personal Data at other instances in the Site or Application user experience where we state that Personal Data is being collected.

    2. Other Self-Reported Information. You have the option to provide us with additional information about yourself and others through surveys, forms, features, and applications. Where such information is not required by Banyan for the purposes of providing the services to you, you acknowledge that Banyan may store, use and disclose such Personal Data in accordance with this Privacy Policy. 

    3. 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.


    This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Banyan 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 Banyan 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 Personal Data to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.


    When you interact with the Site or the Application, we try to make that experience simple and useful. We and our partners use industry standard identifiers, such as cookies or other similar technologies. We will generally refer to cookies, web beacons, flash cookies, and pixels collectively as “cookies”, “tracking technology” or “identifiers” in this policy. By using our Services, you are agreeing that we can use cookies and other tracking technologies described in this Cookie Policy. 

    1. 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.

      Cookies set by us are called “first party cookies”, while cookies set by parties other than Banyan are called “third party cookies”. The parties that set third party cookies can recognize your device, both when you use the Services and when you use other websites or mobile apps. You should check the third party’s website for more information about how they use cookies and other tracking technologies. Both first party and third party cookies can serve a number of different functions, such as analytics, marketing and advertising. 

    2. What other similar tracking technologies does Banyan use?  

      1. 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. 

      2. 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.

    3. How do we use cookies?

      We use cookies to provide our Site, gather information about your usage patterns when you navigate the Sites in order to enhance your personalized experience, and to understand usage patterns to improve our Sites, products, and services. We also allow certain third parties to place cookies on our Site in order to collect information about your online activities on our Sites over time and across different websites you visit. This information is used to provide advertising tailored to your interests on websites you visit, also known as interest based advertising, and to analyze the effectiveness of such advertising.

      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:

      1. 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. 

      2. 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. 

      3. Functionality cookies. These cookies enable helpful but non-essential website functions that improve your website experience. By recognizing you when you return to our website, they may, for example, allow us to personalize our content for you, greet you by name, or remember your preferences (for example, your choice of language or region). This also enables us to customize elements of the promotional layout and/or content of the pages of the Site or Application We also use functional social media plug ins, such as the Facebook “Like” button and Widgets, such as the “Share this” button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our Site, and may set an Identifier to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the Privacy Policy of the company providing it.

      4. 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.

    4. Your Choices


      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 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.


      We and our vendors (including but not limited to Google Analytics) may use Identifiers and similar tracking technologies to monitor performance and usage on the site for internal analytics and performance monitoring. These Identifiers and similar tracking technologies are used to help the Site collect and store information regarding your visit, such as session state and authentication tokens. Users can control the use of cookies at the individual browser level but if you choose to disable cookies, it may limit your use of certain features or functions provided through the Banyan Service. To manage Flash cookies, please click here.

      To opt out of Google Analytics you can download a Browser Add-On.

      The use of Identifiers by our vendors is not covered by our Privacy Policy. We do not have access or control over these cookies.

      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.

    5. 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.


    Banyan and our Partner Companies may use your Personal Data in the following ways:

    1. to facilitate the creation of and secure your account on our network;

    2. identify you as a user in our system;

    3. to administer and provide improved administration of the Banyan Service;

    4. to improve the quality of experience when you interact with the Banyan Service, including staff training;

    5. to send you a welcome email to verify ownership of the email address provided when your account was created;

    6. to send you administrative email and/or chat notifications, such as security or support and maintenance advisories;

    7. to collect fees and payments owing to us;

    8. to respond to your inquiries related to employment opportunities or other requests and to resolve disputes;

    9. to provide you with access to and information about customized features, new functionality, and partner integrations;

    10. to send promotional communications newsletters, personal interest pieces, interests for the Banyan community, and news about events, elections, and campaigns;

    11. to send with your consent;

    12. 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; 

    13. to compare information provided by you for accuracy and verification with third parties;

    14. 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;

    15. as otherwise: described to you when collecting your personal information; directed by you; needed to comply with laws; and

    16. 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.

      If you provide feedback on the Banyan Service, we may use such feedback for any purpose. Banyan will collect and store any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.

      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.


    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).

    Any subsidiaries, joint ventures, or other companies under common control with us (collectively, “Related Entities”), may share some or all of your Personal Data, in which case we will require our Related Entities to honor this Privacy Policy and your Personal Data will only be used for the purposes set out in this Privacy Policy.

    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.

    1. 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.


    If you believe that the Personal Data we hold about you may not be complete, accurate and up-to-date, you may change aspects of any of your Personal Data in your account by editing your profile within the registration portion of the Site. You may request deletion of your account information by us, but please note that we may be permitted or required (by law or otherwise) to keep this information and not delete or change it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). If you request deletion, subject to our rights to retain the Personal Data as set out in this Privacy Policy and the rights of any corporate user to retain the Personal Data as set forth below, we will respond to your request within 1 month. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    1. 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.


    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  


    If you have any comments, questions or complaints about this Privacy Policy or if you feel that we have breached our obligations in the handling, use or disclosure of your Personal Data, feel free to email comments or questions to us at

    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.


    If Banyan makes changes to this Privacy Policy, these changes will be posted on the Site and Application in a timely manner. Banyan reserves the right to modify this Privacy Policy at any time, so please review it frequently. You acknowledge that the updated policy will apply to the collection, storage, use or disclosure of Personal Data from the date of publication and it is your responsibility to check the Site and Application regularly for updates. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site and Application. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. Use of the Banyan Service following such changes constitutes your acceptance of the revised Privacy Policy then in effect. We encourage you to periodically review this page for the latest information on our privacy practices.


    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.


    1. Additional Disclosures for Data Subjects in the United Kingdom, European Economic Area (EEA), and Switzerland

      1. International Transfers

        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.

      2. 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.

      3. 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

          We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security.

      4. 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.

    2. Additional Disclosures for California Residents

      These Additional Disclosures for California Residents supplements the information contained in this Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”).

      1. CCPA Disclosures

        We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. This Privacy Policy contains Banyan’s required notices and disclosures including its Privacy Policy for California Residents, Notice of Collection, Notice of Opt Out Rights, and Notice of Financial Incentives requirements.

        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

      2. Definitions Specific to this Section

        The CCPA includes definitions for terms specific to this California Privacy Policy that do not apply to the rest of this Privacy Policy, including the following terms:

        • “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.

      3. 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

        • 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:

          1. The categories of Personal Information we collected about you.

          2. The categories of sources for the Personal Information we collected about you.

          3. Our business or commercial purpose for collecting or selling that Personal Information.

          4. The categories of third parties with whom we share that Personal Information.

          5. The specific pieces of Personal Information we collected about you (and access thereto, also called a data portability request).

          6. 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: 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:

          1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.

          2. 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.

        • Response Information

          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.

        • Authorized Agents

          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:

        • Collection, Use, and Disclosure of Personal Information

          The categories of Personal Information that we collect and the sources from which we collect them are described in an above section entitled Types of Personal Data We Collect and How It Is Collected.  These categories include identifiers, commercial information, financial data, internet activity information, and professional or employment-related information as described in Section 1798.140(o) of the CCPA.  The business/commercial purposes for which we use these categories of Personal Information are described in a section above entitled Use of Your Personal Data. The categories of third parties to which we share these categories of Personal Information are described in a section above entitled Disclosure of Your Personal Data.  The foregoing describes our practices as of, and during the twelve-month period preceding, the effective date of the Privacy Policy.

      4. 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

        The “Do Not Track” disclosure can be found above in a section entitled  Banyan Cookie Policy and Use of Tracking Technologies.

    3. 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


    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 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:

    1. The Information Commissioner’s Office (if you are a United Kingdom individual);

    2. These EEA offices (if you are a European Union individual); or

    3. The Federal Trade Commission (if you are a United States individual).

If you have any questions about this Privacy Policy or our privacy practices, please contact us at