Privacy
Policy

Effective Date: 21 Nov 2023

1. INTRODUCTION. This Privacy Policy (the “Policy”) explains how Banyan Storage Inc. (“Banyan”, “we”, “us”, “our”) collects, uses, and discloses personal information through its website and the Banyan storage platform (the “Platform”, and collectively with the website, the “Services”).  By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Policy, and you hereby consent that we will collect, use, and share your personal information in the following ways.  Any capitalized terms that are not defined in this Policy are defined in our Terms of Service (see https://www.banyan.computer/ for the most updated version). 

2. INFORMATION COLLECTED AND HOW WE USE IT.  As explained further in this section, you will have the opportunity to provide us with certain personal information. In addition, we may collect certain of your personal information from other users or automatically through your use of the Services. The rest of this section provides a more detailed explanation of the personal information we collect, how we use that personal information, and our lawful bases for processing that personal information.

2.1 Disclosed Information. The following table identifies the specific purposes for which you or a third party may voluntarily disclose personal information to us, along with our lawful bases for processing that personal information. 

2.2 Payment Processor. We integrate Stripe into our Platform in order to collect your payment processing information. The information that Stripe will collect is identified in the table above. We do not have access to the billing information that Stripe collects. If you are interested in learning more about Stripe privacy practices, you can read Stripe’s Privacy Policy.

2.3 Marketing Communications. If you create a Platform account, subscribe to our newsletter, or otherwise indicate your interest in learning about our Platform, you hereby consent to us contacting you for marketing purposes with information about our Platform, promotions, and special offers. If you no longer wish to receive such marketing information, you can withdraw your consent at any time by contacting us as indicated in Section 6 below or unsubscribing from the communications.

2.4 Automatically Collected Information. Whenever you interact with the Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, country of origin, device identification, cookie and pixel tag information, the type of device you’re using to access the Services, the amount of time spent on the Services, and the page or feature you requested. The cookies we use are necessary for identifying you when you log into the Platform and to assist our encryption technology. We use Google Analytics to analyze our web traffic and improve user experience on the website. Google Analytics uses tracking technologies such as analytical cookies and web beacons to generate statistical information about how our website is being used. We use the data we automatically collect from you to customize content for you that we think you might like, based on your usage patterns.  We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services more helpful to as many users as possible. We collect this information with your consent, to perform our contract with you, and for our legitimate interest of providing a smooth user experience on the Services.

3. DISCLOSURE OF PERSONAL INFORMATION. We may disclose your personal information as detailed in this section. 

3.1 Personnel and Third Party Service Providers. We employ personnel and engage other companies and people to perform tasks on our behalf and need to share your personal information with them to provide products or services to you. For example, we engage third party storage providers to enable our storage services.

3.2 Analytics Services. We use Google Analytics to understand how visitors engage with our website. You can learn more about the information that Google has access to at this website.

3.3 Business Transfers. If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.

3.4 Legal Compliance. We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with governmental requests, law enforcement or court orders, or enforce or apply our Terms of Service and other agreements. 

4. INTERNATIONAL TRANSFERS. We may transfer the personal information of users from the European Economic Area or United Kingdom to the United States. When doing so, we rely on adequacy decisions, data transfer agreements, or other legally compliant mechanisms for such transfers, including standard contractual clauses. You can ask for a copy of these standard contractual clauses by contacting us as set out below.

5. SECURITY. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. In addition, we rely on the technical safeguards provided by the third-party service providers we use to host, store, and process your personal information. We cannot, however, ensure or warrant that your personal information on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Except as provided under applicable laws, we are not responsible to our users or to any third party due to any such loss, misuse, or alteration.

6. YOUR RIGHTS.

6.1 Who To Exercise Your Rights With. If we have collected your personal information directly from you as a result of our contractual relationship with you, we are a “controller” of that personal information and you can exercise your rights with respect to your personal information by following the instructions below. However, if we have collected your personal information from one or more Enterprise Customers or Affiliated Users (each, a “Controller”) or otherwise as a result of agreements we have in place with Enterprise Customers or Affiliated Users, we are a “processor” of your personal information and those Controllers control our use of your personal information and determine how and for what purpose we process your personal information.

If we are a processor of your personal information, and you have any questions or concerns about how your personal information is handled or would like to exercise your rights as a data subject, you should contact the Controller who has contracted with us to use the Platform to process your personal information. We will provide assistance to the Controller to address any concerns you may have, in accordance with the terms of our contract with them and applicable law.

6.2 If We Are the Controller of Your Information. If we are the controller of your personal information, you may access, edit, and delete your personal information as follows:

• Through the Platform you may access, download, and edit any files within drives you control at any time. If you would like to delete those files, “hot” storage files can be deleted immediately. You can also delete your “cold” storage files, although the actual deletion may not be immediate, due to the technical nature of cold storage.
• You can change your name or email address associated with your account by contacting us at help@banyan.computer. You can change your billing information through your account with our payment processor, Stripe. 
• You can delete your account details by contacting us at help@banyan.computer. This account data will be deleted upon request at the end of the billing cycle during which you contact us.
• If you have filled out a form on our website or signed up for our newsletter, you can contact us at help@banyan.computer to modify or delete the information you submitted.
• You can withdraw your consent for the receipt of marketing materials at any time by contacting us at help@banyan.computer.
• Depending on the processing activity, you can request that we stop or limit processing of your personal information. If you would like to make such a request, you can contact us at help@banyan.computer.

We may deny a deletion request if the denial is necessary for us to comply with applicable laws. You may not request the removal of de-identified, anonymous, or aggregate data from our databases. Please note that to protect your personal information and the integrity of our Services, we may need to collect additional information to verify your identity before processing your request.

6.3 Supervisory Authorities. We welcome and appreciate the chance to address any concerns you may have about the Policy and our collection and use of your personal information. To the extent you feel like we have not addressed your concerns, and depending on your jurisdiction, you may have the right to make a complaint at any time to your data protection supervisory authority. For end users in the EEA, you can find contact information for each country’s supervisory authority here. For end users in the UK, you can find contact information for the Information Commissioner’s Office (ICO) on the ICO’s website here.

7. RETENTION OF INFORMATION. Subject to your requests to delete your personal information in accordance with Section 6.2, we will retain your personal information as long as needed for your use of the Services, your approved receipt of marketing communications from us, our compliance with legal obligations, and to protect our or other’s interests.

8. HOW WE RESPOND TO DO NOT TRACK SIGNALS. We do not track you or collect your personal information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of the Services.

9. AGE OF USERS. Children under the age of 13 are not permitted to use, access, or register for the Services in any way. We do not knowingly collect or solicit information from anyone under the age of 13. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible.

10. CHANGES TO POLICY. We’re constantly trying to improve the Services, so we may need to change this Policy from time to time as well. The date of the last modification will be posted at the beginning of this Policy. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by the modified Policy.

11. CONTACT US. If you have any questions or concerns regarding this Policy, please send us a detailed message to help@banyan.computer, and we will try to resolve your concerns.