Privacy Policy

Your privacy is very important to us. At BanyanGlobal (“we” or “us”, which includes any of our worldwide direct and indirect subsidiaries), we recognize and respect your privacy. This Privacy Policy explains how we collect, use and disclose your information. This Privacy Policy (as amended from time to time, this “Privacy Policy”) applies to BanyanGlobal’s domain name www.banyan.global and its other affiliated sites (“Site”). We may make changes to this Privacy Policy from time to time. Updates to this Privacy Policy will be posted on the Site. You should check the Site periodically to review our current Privacy Policy.

Examples of Personal Data We Collect and Why

BanyanGlobal collects different types of personal data from users who use the Site. Personal information is information that identifies you, and this information may include but is not limited to, the following:

  • Name, business entity name, email address(es)
  • Contact preferences, mailing and website addresses, social media information
  • Telephone and fax numbers

We also collect information that does not qualify as personal data – data in a form that does not permit direct association with any specific individual. This information includes unique device and location identifiers. We may collect, use, transfer, and disclose non-personal data for any purpose. When you visit the Site you may be asked for information for various purposes, including any of the following:

  • Register an account
  • Place and fulfill orders, deal registration and participate in rebate programs
  • Request information, quotes, services and samples
  • Provide customer service and support
  • Provide webinars and training activities
  • Sign-up for or subscribe to products and services, newsletters, promotional activities and other opportunities, contests, sweepstakes, and surveys
  • Respond to job postings
  • Ask questions or to provide information to BanyanGlobal

Examples of How We Use and Share Personal Data

BanyanGlobal shares information collected from you with third parties only if BanyanGlobal is allowed to do so under applicable laws, as outlined in this Privacy Policy, or with your prior consent. This use of information includes the following:

  • To conduct our business with our worldwide affiliates and subsidiaries, consultants and service providers
  • To improve the Site and our products and services
  • To deliver and support our services and products
  • To carry out transactions you have requested
  • For auditing, data analysis, and research
  • To send you information about the Site, products and services, promotional activities, opportunities and marketing information, product safety information and your transaction status
  • To enforce our Terms of Sale, Terms of Use, Privacy Policy, and other agreements with you
  • To comply with applicable law or service of process

In most cases, we will remain in the role of controller of your personal data, and it is up to providers, suppliers, or service providers to function as operators of such data. This means that the decision regarding the treatment parameters will be up to us and not to third parties.

However, in certain situations, it is possible that third parties will have control over your personal data. In such cases, we recommend that you read and agree to the applicable specific privacy and personal data protection policy.

International Data Transfer

We may share your personal data with global affiliates and subsidiaries, consultants and service providers, hosting providers, software providers or other technologies or service providers located outside the US. These international data transfers will occur only in cases authorized by applicable law.

In such situations, the purposes of the treatment already mentioned above are maintained, as well as our role as controllers of personal data in most cases. However, in some specific situations, it is possible for third parties to have control over your personal data. In  these cases, we recommend that You read and agree to the applicable specific privacy and personal data protection policy.

Where possible and necessary, we will also take appropriate steps to ensure that your data remains protected in accordance with applicable law.

Site Usage

We may collect information about how you use the Site such as general demographic information, viewership data and other anonymous information (e.g., what content is viewed, related transfer rates, length of viewing, which pages are viewed, from which websites end-users came to our Site, IP address(es), browser type and other information relating to the device through which the Site is accessed, and for certain Service or product offerings selected by you, and other information relating to the device through which the Site or Service are accessed.)

Rights Relating to Your Personal Data

You may exercise the following rights in relation to your personal data:

  • Confirmation of the existence of treatment.
  • Access to data.
  • Correction of incomplete, inaccurate, or outdated data.
  • Anonymization, blocking or deletion of unnecessary, excessive or processed data in disagreement with the Law.
  • Portability of the data to another service provider or product, upon express request and observed the trade and industrial secrets, if applicable.
  • Deletion of personal data processed with your consent, except in cases where the Law requires the retention of this data.
  • Information about public and private entities with which we make shared use of data;
  • Information on the possibility of not providing consent and on the consequences of the negative;
  • Withdrawal of consent in accordance with the legislation.

The rights presented above may be exercised by the Holder upon request sent to BanyanGlobal  via  email info@banyan.global or through direct editing/removal through the link presented in our newsletter.

How Long Will We Process Your Personal Data?

We will process your personal data only for the period authorized by law. The end of treatment will occur in the following cases:

  • Verification that the purpose of the processing has been achieved or that the data are no longer necessary or relevant for the purpose of the processing;
  • End of the treatment period, if applicable;
  • Request of the Holder through specific communication received by us;
  • Determination of the competent authorities.

Your personal data will be deleted after the end of the processing, except in the cases provided for by applicable law.

Cookies and Location Based Services

BanyanGlobal and certain third-party service providers use cookies, web beacons (clear GIFs, web bugs) and similar technologies to track user activity and collect Site data. We do not combine this data with other collected information, including your personal information.

Cookies

“Cookies” are small text files that are stored by your web browser on your computer’s hard drive. They allow websites to store such things as user preferences. Websites generally use both session cookies and persistent cookies. Session cookies are temporary cookies that expire (and are automatically erased) when you close your browser. Persistent cookies usually have an expiration date far into the future and thus stay in your browser until they expire, or until you manually delete them. While some cookies are strictly necessary cookies to use our website or required for the performance of certain functionalities of our website, other cookies are used for marketing purposes.

We may use cookies to uniquely identify devices and browsers and to track end-user activity on the Site. Our cookies assign a random, unique number to the end-user device. Cookies do not contain information that would personally identify the end-user, although we can associate a cookie with any identifying information that is or has been provided to us while visiting our Site. Most browsers allow users to refuse cookies, but doing so may impede the functionality of some portions of our Site. Cookies also enable BanyanGlobal to improve the quality of the Site and services, improve searching functions and results, and track trends. Certain web browsers allow end-users to enable “Do Not Track” functionality, or to specifically disable Cookies through the settings of the browser. BanyanGlobal responds to an end-user’s choice to implement such functionality by accepting the cookie settings of the browser. This action may result in users having to re-enter data to use the Service. Please see your browser settings for cookie preferences and settings.

The cookies used on our site are categorized as follows:

  • Strictly necessary cookies
  • Performance cookies
  • Functionality cookies

Strictly necessary cookies – these allow you to move around the Site and use essential features like secure areas and shopping baskets. Without these cookies, we may not be able to provide services you have asked for. Please note that these cookies do not gather any information about you that could be used for marketing or remembering where you have been on the internet. We use these strictly necessary cookies to enable you to submit information via online forms such as registration forms. Accepting these cookies is a condition of using the full functionality of the Site, so if you prevent these cookies we can’t guarantee your use of our Site or how the security on our Site will perform during your visit.

Performance cookies – these collect information about how you use our Site; e.g. which pages you visit, and if you experience any errors. These cookies are used to help us improve how our Site works, understand what interests our users, and measure how effective our content is. We use performance cookies to provide anonymous statistics on how our Site is used. Some of our performance cookies are managed for us by third parties. Please see the information on our use of Google Analytics. However, we don’t allow the third party to use the cookies for any purpose other than those listed above. Accepting these cookies is a condition of using the full functionality of our Site, so if you prevent them, we cannot guarantee how our Site will perform for you.

Server Logs

BanyanGlobal servers automatically record information that your browser sends whenever you visit the Site. The server logs may include information such as your web request, IP address, browser type and language, dates, times and cookies.

Third Party Services

We may engage third parties to track and analyze Site activity. These third parties may place cookies or web beacons to track user activity on our Site. We use the data collected by such third parties to help us administer and improve the quality of the Site, analyze usage of the Site, and provide a more enhanced user experience on the Site, such as personalizing and delivering relevant offers and content based on user activity on the Site.

Name Expiration Description/Purpose Origin
PREF Two years from set/update Registers a unique ID that is used by Google to keep statistics of how the visitor uses YouTube videos across different websites. YouTube
YSC At end of session Registers a unique ID to keep statistics of what videos from YouTube the user has seen. YouTube
GPS At end of session Registers a unique ID on mobile devices to enable tracking based on geographical GPS location. YouTube
VISITOR_INFO1_LIVE Seven months Tries to estimate the users’ bandwidth on pages with integrated YouTube videos. YouTube
IDE 365 days Used by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user. DoubleClick
_cfduid 365 days We do this in order to identify malicious visitors to our Customers’ websites, to reduce the chance of blocking legitimate users, and to provide customized services. CloudFlare

Location-Based Services

BanyanGlobal and its partners may provide certain features as part of the Service that rely upon device-based location information. To provide such features or services, BanyanGlobal may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device. Such information may include but is not limited to device ID, device type and real-time geographic location of your device at the time of your request.

Google Analytics

Our Site uses Google Analytics, a web analysis service provided by Google Inc., (“Google”). Google Analytics uses “cookies”. The information generated by the cookie regarding your use of the Site is normally transferred to a Google server in the USA, and is stored there. As the IP anonymize function is activated on our Site, your IP address will, within Member States of the European Union or other contracting states of the Agreement on the European Economic Area, first be shortened by Google. Only in exceptional cases will Google transfer the full IP address to a Google server in the USA, and will shorten it there. On behalf of the operator of this Site, Google will use this information in order to analyze your usage of our Site, to compile reports on website activities, and to provide further services to the website provider relating to the usage of the Site and the internet. The IP address transferred by your browser within the framework of Google Analytics will not be combined by Google with other data. In case you prevent the storage of cookies by setting your browser software accordingly, you may possibly not be able to fully use all features on this Site. Furthermore, you can prevent collection by Google of the data generated by the cookie and relating to your use of the Site (including your IP address), as well as processing of these data by Google, by downloading and installing the browser plug-in provided under the following link: https://tools.google.com/dlpage/gaoptout?hl=en

Name Expiration Description/Purpose Origin
_ga Two years Registers a unique ID that is used to generate statistical data on how the visitor uses the website. Google Analytics
_gid At end of session Registers a unique ID that is used to generate statistical data on how the visitor uses the website. Google Analytics
_gat At end of session Used by Google Analytics to throttle request rate. Google Analytics

Social Plugins

The Site may contain links to or features from other websites. This Privacy Policy covers the privacy practices by BanyanGlobal and does not cover the privacy practices of third party websites or features. BanyanGlobal is not responsible for the privacy policies and/or practices of third parties. When linking to another website or using a third-party service, you should read the privacy policy on that website or service. To the extent certain third-party website features are available on our Site, the following terms apply:

Facebook. We use Facebook Like / Share button social plugins provided by Facebook Inc., to enable our website users to easily “Like” / “Share” content found on our Site, and thereby share this content with their Facebook “Friends”. Whenever you view a page of our Site containing such a plug-in, your browser establishes a direct connection to the servers operated by Facebook. As a result, the content of the social plug-in is transferred by Facebook directly to your browser and embedded in the website being shown. If you visit our Site while signed into your Facebook user account, information concerning your visit will be transferred to Facebook and Facebook can assign your visit to our Site to your user account. Please note that a data transfer is triggered already when you visit our Site, regardless of whether you interact with the plug-in. Information arising from interaction with the Facebook plug-ins (such as by clicking the Facebook “like” / “share” button or by leaving a comment) will be directly transferred to and stored by Facebook. To prevent this action, you must log out of your Facebook account before visiting our Site. Please refer to Facebook’s privacy policy at https://www.facebook.com for more information on the purpose and scope of data collection and data analysis undertaken by Facebook, as well as your options to modify settings and how to protect your privacy.

Twitter. We use a Twitter plug-in provided by Twitter, Inc., to enable users to easily share content found on our Site by sending a Tweet via their Twitter Account. By using this plug-in, the web pages you viewed will be connected with your Twitter account and disclosed to other users. This includes the sharing of certain information with Twitter. Please see Twitter’s privacy policy at https://www.twitter.com for more on the type of information tracked by Twitter via this feature.

YouTube (Videos). We use YouTube plugins (provided by YouTube (Google, Inc.), to enable you to share the content of our Site. Whenever you view a page of our Site containing such plug-in, your browser establishes a direct connection to the servers operated by YouTube and the plug-in is displayed on our website. As a result, YouTube will receive information about which of our Sites you have visited. If you visit our Site whilst signed into your YouTube user account, YouTube can assign information concerning your visit to our Site to your user account. Information arising from interaction with the YouTube plugins (such as clicking or starting videos or posting a comment) will also be assigned by YouTube to your YouTube user account. To prevent this you must log out of your YouTube account before visiting our Site. Please refer to the privacy policy of YouTube at https://www.google.com for more information on the purpose and scope of data collection and data analysis undertaken by YouTube, as well as your options to modify settings and how to protect your privacy.

Use of Your Email

We may use your email address to communicate with you about:

  • Your use of the Site and your account
  • Orders you have placed and to send you receipts and possibly other transactional emails;
  • Inquiries or requests that you have made
  • Our products and services, news, promotional activities and other opportunities that we believe may be of interest to you (only with your prior opt-in). If at any time, you would like to stop receiving these types of promotional emails, you may follow the opt-out instructions contained in any such e-mail.
  • Other notices necessary and specific to you as a subscriber to one of our Services and or a product offering

End-User Generated Content

Certain aspects of the Site and some BanyanGlobal products and services allow or request end-users to post information to our Site or provide BanyanGlobal feedback. Any information that you post to our Site may be viewable by others who use our Site. We are not responsible for the privacy of any information that you choose to post to our Site, or for the accuracy of any information contained in your postings or the postings of others. We cannot prevent information you post from being used by others in a manner that may violate this Privacy Policy, the law, or your personal privacy.

From Third Parties About You

We may collect certain information provided to us by third parties such as information for identity verification purposes, credit checks, financial or credit bureau information (such as a business owner’s credit score, credit history, and bank account information) and publicly-available information.

Third-Party Links

At times, our Site may contain links to other, third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Sharing of Personal Data with BanyanGlobal and Public Authorities

BanyanGlobal may share your personal information with our affiliates and subsidiaries, as well as our consultants and service providers, to conduct our business, or with authorities to comply with the law for reasons that may include the following:

  • To enable contractors, security consultants, customer service providers (e.g., information technology or human resources consultants or service providers), credit bureaus, and collection agencies to perform certain functions on our behalf
  • To provide information to our lenders or other financial partners
  • To respond to a subpoena or other legal process by a governmental entity or third party, or if otherwise under a good faith belief we are required by applicable law to do so
  • To prevent illegal activity, protect or enforce our rights, property or customers and contact appropriate authorities

Sharing and Disclosure of Information

Except as otherwise stated or in a specific manner in this Privacy Policy, BanyanGlobal does not share, sell, transfer or otherwise disseminate your personal information to third parties, unless required by law, for the purpose of your contract or unless you have given us consent to do so.

International Compliance

The Site is hosted in the United States. If use is permitted from outside the U.S. and you are accessing the Site from outside the U.S., by providing your information to the Site, you do so at your own risk and are consenting to and authorizing the transfer of your information to the United States or other countries for storage, use, processing, maintenance and onward transfer of such information to other entities, regardless of their location, in accordance with this Privacy Policy. We may store your information in the United States and in other locations outside of the United States. Any transfer of your data to the United States or another location will be in compliance with applicable data protection laws.

Security

We take reasonable physical, technical and administrative measures designed to protect the security of information that you provide to us. Despite our efforts, no data security measures can guarantee the security of any information you disclose online. We do not make any warranty, express, implied or otherwise, that we will be able to prevent loss, misuse, unauthorized access to, or alteration of any personally identifiable information you provide to us.

Minors

BanyanGlobal does not permit children under the age of 18 to register on the Site or use any of its functionality for which registration is required. BanyanGlobal does not knowingly collect the personal information of children under age 18. If you are under 18 years of age, you may not use the Site and you should not provide any information to BanyanGlobal. If BanyanGlobal determines that a minor under the age of 18 is using the Site or has provided information to BanyanGlobal, BanyanGlobal will terminate the account, the minor’s use of the account and delete all related information. In addition, if you are a minor under the age of 18 and wish to remove any content you have provided on the site please send an email to info@banyan.global requesting removal of any content provided.

California Privacy Rights

California law allows residents of the State of California to request certain information BanyanGlobal discloses to third parties for direct marketing purposes. If you are a resident of California and would like to request such information, send a request to: info@banyan.global or via standard mail to our address set forth below.

Contact BanyanGlobal with Any Questions:

If you have any questions about this Privacy Policy, please contact:

BanyanGlobal
60 State St., Suite 2230, Boston, MA 02109
1.617.500.6701

If you are not satisfied with the response to your inquiry you may contact the Judicial Arbitration and Mediation Services (“JAMS”) at 800-352-4267. A link to the JAMS website is: www.jamsadr.com

Responsible for the Processing of Personal Data in Brazil

In accordance with current Brazilian legislation, we have a person responsible for the processing of personal data, which is responsible for receiving your complaints and communications, providing clarifications and adopting appropriate measures. Below we present the contact information:

Email: infobr@banyan.global