INTRODUCTION

This Privacy Policy applies to all Personal Data which is processed by Banyan Cloud as set out below, including which has been collected through Banyan cloud websites that directly link to this Policy when you click on ‘Privacy Policy” in the website footer (the “Websites”. This Privacy Policy provides you with details of how we collect and process your Personal Data through your use of our websites.  A reference to “Banyan Cloud”, “we” or “us” is a reference to Banyan Cloud Inc.

2. WHAT DATA DO WE COLLECT ABOUT YOU

Personal Data means any information capable of identifying an individual. It does not include anonymized data.

We may process the following categories of Personal Data about you:

Basic Personal Data: Name, title, organization, job responsibilities, phone number, postal address, and email address.

Registration data: Newsletter subscriptions, event/seminar/webinar registrations, dietary preferences (excluding special categories of data), downloads, and username/passwords.

Marketing data: Data about individual participation in event/seminar/webinars, credentials, associations, and product interests.

Technical data: Computer Internet Protocol (IP) address, unique device identifier (UDID), cookies and other data linked to a device, and data about usage of our Websites.

Sensitive Data

We do not collect any Sensitive Data about you though the Websites. Sensitive data refers to data that 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. We do not collect any information about criminal convictions and offenses.

3. HOW WE COLLECT YOUR PERSONAL DATA

We may collect data about you in the following ways:

1. By you providing the data directly to us (for example by registering or filling in forms on our Websites or by sending us emails);
2. Automatically by collecting certain data from you as you use our Websites by using cookies and similar technologies. Please see our cookie policy for more details about this
3. From social media features on our Websites;
4. When you visit our offices;
5. When you register for or attend one of our physical or virtual events or webinars;
6. When we communicate with you via for example email, phone calls or texts;
7. From publicly available sources.
8. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Websites may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie preferences page.  If you are based in the European Union you can learn more about how third parties use these types of cookies.

4. FOR WHAT PURPOSES WE COLLECT YOUR DATA AND ON WHAT GROUNDS WE PROCESS IT

• We or a company with who we share information as stated in Section 4 below, may use the Personal Data that you provide to us to:

1.  Respond to your inquiries
2. Ask a question
3. Provide announcements about products and future events that we believe you may be interested in.
4. Conduct surveys.
5. Operate, evaluate, and improve our business within our group of companies.
6. For shared Banyan Cloud group systems (such as Salesforce and email systems).
7. For finance and administration purposes and for other reasons related to offering  an Improving our products and services.
8. Determine eligibility for Banyan Cloud programs  or services.
9. We may store your Personal Data on our systems or shared Banyan Cloud group  systems to facilitate these purposes. We use the Personal Data for these purposes because we have a legitimate business interest in providing services to our customers and other interested individuals that is not overridden by your interests, rights and freedoms to protect Personal Data about you.
10. We may also use the information to protect against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use Personal Data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by law that applies to us.
11. We will only use your Personal Data for a purpose  it was collected for or a reasonably  compatible  purpose if necessary. For more information on this  please submit a request for information  through our Privacy Portal at https://banyancloud.io/privacy-policies/.
12. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
13. We do not carry out automated decision making or any type of automated profiling on information collected through our Websites.

5. MARKETING COMMUNICATIONS

Our lawful ground of processing your Personal Data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us

 if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case, you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.

If you would like to unsubscribe, you may email unsubscribe@banyancloud.io to have your information deleted from Banyan Cloud databases.

6. DISCLOSURES OF YOUR PERSONAL DATA

We do not share your Personal Data with third parties, unless it is necessary to carry out your request, for our professional or legitimate business needs, or as required or permitted by law.

7. DATA SECURITY

We have put in place security measures to prevent your Personal Data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We have procedures in place to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach if we are legally required to.

8. DATA RETENTION

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

10. YOUR LEGAL RIGHTS

Your rights under the GDPR:

How?

Under data protection laws you have rights in relation to your Personal Data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

Why?

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Your rights under the CCPA

How?

The California Consumer Privacy Act (“CCPA”) grants residents of California certain privacy protections as “consumers”, unless a statutory exception applies. You have a number of consumer rights, including the right to access or delete Personal Data collected by a business. You may email unsubscribe@banyancloud.io to have your information deleted from Banyan Cloud databases

11. CONTACT DETAILS

For the purposes of the GDPR, Banyan Cloud is the data controller and we are responsible for your Personal Data.

The addresses and contact details of our offices where Banyan Cloud and its affiliates are located can be found here.

You should be aware that our websites are not intended for, or designed to attract, individuals under the age of 18. We do not collect personally identifiable information from any person we actually know is an individual under the age of 18.

We may also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information you disclose in such areas becomes public information. We have no control over its use and encourage you to exercise caution when deciding what information to share. These sites and message board, chat rooms and forums are not intended for, or designed to attract, individuals under the age of 18.

12. CHANGES TO THIS POLICY

This Policy may be updated from time to time to reflect changing legal, regulatory or operational requirements. We encourage you to periodically review this page for the latest information on our privacy practices. If there are any material changes to this Policy, you will be notified by our posting of a prominent notice on the Websites prior to the change becoming effective. If you do not accept any changes made to this Policy, please discontinue use of the Website