1. Our Collection of Personal Information
Our primary goals in collecting personally identifiable information are to provide you with the services made available through the Sites and the Services, to communicate with you, and to manage your registered user account through which you can take advantage of the services made available through the Sites and the Services. We will also use the information you provide to analyze and improve Banyan Security’s products and services.
Types of Personal Information We Collect
Information You Provide to Us
- Communications with Us. We may collect Personal Information from you such as login information, email address, phone number, mailing address, company name, country, and job title when you request information about our Services, subscribe to or use our Services, create an account, register for our newsletter, request customer or technical support, or otherwise communicate with us.
- Social Media Content. We may offer forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
- Surveys. We may contact you to participate in online surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information. All information you submit in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or Services and in any manner consistent with our policies.
Information Collected Automatically or From Others
Automatic Data Collection. When you visit the Sites or when you subscribe to or use our Services, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). Log Data may include information such as your Internet Protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, unique identifiers, browser type and language, geo-location information, internet service provider, pages that you visit before and after using the Services, data and time of visit, time spent on pages you visit, information about the links you click, and pages you view within the Services.
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics. We may also use Google Analytics, Google Ads remarketing tags, Google Ads conversion tracking tags, HubSpot and similar technologies to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. For more information about HubSpot, please visit https://knowledge.hubspot.com/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser.
Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as a third-party login service or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your username, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business and Services.
2. Our Use of Your Personal Information
Our Company may use information that we collect about you for the following purposes:
- To Provide Products, Services, or Information Requested. We may use information about you to:
- Allow you to log in and use our Services;
- Manage Individual information and accounts;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of our Services;
- Answer requests for customer or technical support; and
- Allow you to register for events.
- Administrative Purposes. We may use Personal Information about you to:
- Measure interest and engagement in our Sites and Services and short-term, transient use, such as contextual customization of ads;
- Develop new products and Services;
- Undertake research for technological development and demonstration;
- Improve, upgrade or enhance our Services;
- Ensure internal quality control;
- Verify Individual identity;
- Communicate with you about your account, activities on our Sites and Services and policy changes;
- Contact you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
- Process payment for products or Services purchased;
- Process applications and transactions;
- Prevent potentially prohibited or illegal activities; and
- Enforce our Legal Notice.
- Marketing Our Products and Services. We may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials by phone, postal mail, facsimile, email, or other electronic communication, as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers;
- To notify you about offers, products, and services that may be of interest to you;
- To provide Services to you and our sponsors; and
- Other purposes you consent to or are disclosed when you provide Personal Information.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes as described below.
- Research and Development. We may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our products and Services or develop new products and Services. We may perform research via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. Survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Sites and Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may use de-identified Individual and aggregated data for research and analysis purposes.
- Direct Mail, Email, and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on our or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions below.
- De-identified and Aggregated Information Use. We may use Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Sites and Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Sites and Services. De-identified or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Banyan Security and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
- Other Uses. Banyan Security may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
- Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
- To Provide Products, Services, or Information Requested. We may use information about you to:
If you would like to opt-out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
- We may use third party application programming interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
3. Our Disclosure of your Personal Information to Third Parties
Information We Share
- Resellers and Partners. We will share your Personal Information with our resellers and partners, and such resellers and partners may use your information to market our products and services, as well as their own products and services.
- Service Providers. We may engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance services, customer relationship services, and database storage and management services. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to comply with obligations consistent with this Policy and maintain appropriate confidentiality and security measures.
- Compliance with Laws and Law Enforcement. Banyan Security cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including subpoenas); to protect the property and rights of Banyan Security or a third-party, the safety of the public or any person; to prevent or stop any illegal, unethical, or legally actionable activity; or to comply with the law.
- Business Transfers. In the event of a sale, merger, liquidation, dissolution, or transfer of part of the business, trade or assets of the Company, all Information collected about you via this Site or our Services may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity or assets or business of the Company.
International Data Transfers
However, we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Policy. These include implementing the European Commission’s Standard Contractual Clauses for transfers of Personal Information between you and us in order to protect Personal Information Processed from the EEA in accordance with European Union data protection law. Our Standard Contractual Clauses can be provided on request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.
4. Your Choices: Right to Object to Processing
- We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law: We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
- Notifications: We may occasionally send you push notifications or contact you through our mobile applications, Services, Sites, social media or Third-Party services with notices or alerts that may be of interest to you. You may at any time opt out or stop from receiving these types of communications by changing the settings on your mobile device.
- “Do Not Track”: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
- Cookies and Interest-Based Advertising: As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may limit ad tracking of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at http://www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also visit https://tools.google.com/dlpage/gaoptout to choose not to be included in Google Analytics.
5. Your Privacy Rights
In accordance with applicable law, if you are a resident of the European Economic Area, you may have the right to:
- Access your Personal Information consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic Personal Information transferred to another party.
- Request correction of your Personal Information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your Personal Information or we may refer you to the controller of your Personal Information who is able to make the correction.
- Request deletion of your Personal Information, subject to certain exceptions prescribed by law. If you completely and permanently delete all of your Personal Information, then your user account may become deactivated.
- Request restriction of or object to processing of your personal information, including the right to opt in or opt out of the sale of your Personal Data to third parties, if applicable, where such requests are permitted by law.
If you would like to exercise any of these rights, please log into your account or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
6. Retention and Security
Banyan Security will retain Personal Information for as long as needed to provide Services or as otherwise permitted by law.
Security of Your Information
Banyan Security is very concerned about safeguarding the confidentiality of your personally identifiable information. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. However, Banyan Security takes security very seriously. All company employees are contractually obligated to safeguard Banyan Security and user data under confidentiality and privacy agreements. Access to Banyan Security production systems is restricted to authorized Banyan Security team members.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
We will disclose any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you as required by contract in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement, or (ii) any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the data system.
7. Users Outside the United States
Banyan Security is headquartered in the United States and is subject to the applicable state and federal laws of the United States. By using our Sites or Services, you will transfer data to the United States. By choosing to visit our Sites, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Policy will be governed by the laws of the State of California and the adjudication of any disputes arising in connection with Banyan Security or our Sites will be in accordance with the Legal Notice.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.
8. Our Policy Towards Children
The Sites or Services are not directed to persons under the age of 18 and we do not knowingly request or receive any information from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at email@example.com. If we become aware that a child under 18 has provided us with personally identifiable information, we will remove such information from our files.
9. Legal Basis for Processing your Personal Data (EEA and Switzerland only)
With respect to personal data collected from individuals from the European Economic Area or Switzerland, our legal basis for collecting and using the Personal Information will depend on the Personal Information concerned and the specific context in which we collect it. Our Company will normally collect Personal Information from you only where: (a) we have your consent to do so, (b) where we need the personal data to perform a contract with you (e.g., to deliver the services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).
10. Additional Rights (EEA and Switzerland only)
You may have the right to make a privacy complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
11. California Privacy Rights
We currently do not share personal data with third parties for their direct marketing purposes without your consent.
Our Sites, products, and Services are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our Sites or Services, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to firstname.lastname@example.org.
Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
13. Legal Notice
14. Redress/Compliance and Accountability
15. Questions and Comments
If you would like to contact us about our privacy practices, or exercise any of your data subject rights, please send a written request to the data controller of your Personal Information or to us at:
Banyan Security, Inc.
Attn: Privacy Officer
142 Minna Street
San Francisco, CA 94105
Last Updated: 17 December 2020
Customers under the Banyan Master Solution Agreement can avail of one of three Technical Support plans:
- Premium Plus
Unless otherwise specified in the Order Form, Banyan will provide Technical Support to Customer based on the Standard plan.
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