Aurora Virtual ChainPrivacy Policy
Introduction Banyan Collective Inc, and its affiliates (collectively, “Company”, “us” or “we”) respects your privacy and is committed to providing you with information about our and our service providers’ data handling practices through this privacy policy.
This privacy policy describes the types of information we and our Services Providers may collect from you or that you may provide when you visit our website www.near.org (the “Website”), when you use any mobile applications to which this policy is posted (collectively, the “Apps” and each, an “App”), as well as any tools, code or other software made available for download on the Website or the Apps, such as decentralized applications, cryptocurrency wallets and web3 development tools (collectively, the “Tools”).
This privacy policy is part of the Terms of Use applicable to the use of the Website, the Apps and the Tools. Please review this policy together with the Terms of Use, to understand all of your rights and obligations, and how we operate the Website, the Apps and the Tools.
All capitalized terms not otherwise defined in this privacy policy shall have the meanings ascribed to them in the Terms of Use.
By using the Website, the Apps or the Tools, you accept and agree to be bound and abide by this privacy policy and the Terms of Use. If you do not want to agree to this privacy policy or the Terms of Use, you must not access or use the Website, the Apps or the Tools.
This privacy policy applies to information we and/or our service providers collect:
- Through visiting or using the Website, the Apps and the Tools including any electronic messages;
- In electronic messages between you and the Website, the Apps and the Tools;
- Through mobile and desktop applications, if any, that you download from the Website or the Apps, or relating to the Tools, if this policy is posted to them;
- When you interact with our advertising and applications on third-party websites and services, if such advertising or applications include links to this policy;
Through any other means associated with or relating to the Website, the Apps and the Tools.
This policy does not apply to information collected by:
- Us or our service providers offline or through any other means, including on any other website or apps operated by Company or any third party (including our respective affiliates, subsidiaries and service providers); or
- Any third party who is not a provider of the Tools made available on or through the Website and the Apps.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website, the Apps and the Tools. By accessing or using the Website, the Apps and the Tools, you agree to the terms of this privacy policy.
This privacy policy may change from time to time. Your continued use of the Website, the Apps and the Tools after we make changes is deemed to be acceptance of those changes, so please check the privacy policy periodically for updates.
Children under the Age of Eighteen (18)
The Website, the Apps and the Tools are not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to us or our service providers or on or through the Website, the Apps and the Tools. We and our service providers do not knowingly or intentionally collect personal information from children under the age of eighteen (18). If you are under eighteen (18), do not use or provide any information on or through the Website, the Apps and the Tools, or register on the Website, the Apps, or the Tools, make any purchases through the Website, the Apps, or the Tools, use any of the interactive or public comment features of this Website, the Apps or the Tools or provide any information about yourself to us or our service providers, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we or our service providers learn we have collected or received personal information from a child under eighteen (18) years of age, we will delete that information. If you believe we or our service providers might have any information from or about a child under the age of eighteen (18), please report this information at admin@banyan.gg.
Information We and Our Service Providers Collect About You and How We Collect It
We and our service providers may collect several types of information from and about users of the Website, the Apps and the Tools (some of which is considered “personal information” pursuant to applicable law), including:
- Identifiers, such as name, mailing address, e-mail address, telephone number, company information, or any other information that the Website, the Apps and the Tools collect, which applicable law may consider personally identifiable, personal information, personal data, and other such designations;
- Information about the device you use to access the Website, the Apps and the Tools;
- Your IP address, Identifier for Advertisers (“IDFA”), Android/Google Advertising ID, International Mobile Equipment Identity (“IMEI”), or another unique identifier;
- Your device characteristics and functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);
- Referring and exit web pages and URLs;
- Your browsing history, including the areas within the Website, the Apps and the Tools that you visit and your activities there, including remembering you and your preferences;
- Your device location or other geolocation information;
- Certain other device data, including the time of day you visit the Website, the Apps and the Tools; and
- Information about your internet connection and internet provider.
We and our service providers collect this information:
- Directly from you when you provide it to us, such as when filling in forms on the Website, the Apps and the Tools (including when you register for an account, subscribing to a service, or requesting something from us or our service providers, or when you fill out surveys, if any such features are available to you).
- Automatically as you navigate through the Website, the Apps and the Tools, including through the use of cookies, web beacons, and other tracking technologies (including information about your network or computing device) and analytics services;
- From third parties, for example, our respective business partners and service providers;
- Records and copies of your correspondence (including email addresses), if you contact us through the Website and the Apps, or our service providers through the Tools;
- When you engage in transactions on the Website, the Apps and the Tools;
- When you run searches on the Website, the Apps and the Tools; and
- When you contact our or our service providers’ customer service agents, if available.
Automatic Data Collection Technologies
As you navigate through and interact with the Website, the Apps and the Tools, we and our service providers may use automatic data collection technologies to collect certain information about you, your equipment, your technology providers, and your activities, including:
- Details of your visits to the Website, the Apps and the Tools, including traffic data, browsing patterns, location data, logs, and other communication data and the resources that you access and use on the Website, the Apps and the Tools; and
- Information about your device and about your internet connection and service provider, as set forth above.
We and our service providers also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we and our service providers collect automatically may be statistical data and may also include personal information, or we and our service providers may maintain it or associate it with personal information we each collect in other ways or receive from third parties. This information enables us and our service providers to:
- Allow you to use and access the Website, the Apps and the Tools;
- Prevent fraudulent activity and improve security functionality;
- Assess the performance of the Website, the Apps and the Tools, including as part of our and our service providers’ analytic practices or otherwise to improve the content, products or services offered through the Website, the Apps and the Tools;
- Offer you enhanced functionality when accessing the Website, the Apps and the Tools, including identifying you when you sign into the Website, the Apps and the Tools, and keeping track of your specified preferences;
- Deliver content relevant to your interests on the Website, the Apps and the Tools and third-party sites based on how you interact with our and our service providers’ advertisements and/or content;
- Estimate our and our service providers’ audience size and usage patterns;
- Speed up your searches; and
- Analyze our and our service providers’ services and products and perform market research.
When you visit or leave the Website, the Apps and the Tools by clicking a hyperlink or when you view a third-party site that includes our and our service providers’ plugins or cookies (or similar technology), we and our service providers may automatically receive the URL of the site from which you came or the one to which you are directed.
We and our service providers may also receive location data passed to each of us from third-party services or GPS-enabled devices that you have set up, which we and our service providers may use to show you local information when using the Website, the Apps and the Tools, and for fraud prevention and security purposes. We and our service providers may use this information to provide customized services, content, and other information that may be of interest to you. If you no longer wish for us, our affiliates, or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions on how to do this. Please note that if you disable such features, your ability to access certain features, services, content, or products may be limited or disabled.
The technologies we and our service providers use for this automatic data collection may include:
- Cookies (or browser cookies). Cookies are small text files stored through a browser on a computing or mobile device. Cookies help you navigate website pages efficiently and may improve your user experience. Note that while you can set your browser to not allow cookies, we and our service providers may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to “do not track”;
- Flash Cookies. Certain features of the Website, the Apps and the Tools may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website, the Apps and the Tools. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our and our service providers’ collection of and use of information through this technology;
- Web Beacons, Pixels and Tags. Pages of the Website, the Apps and the Tools, and our and our service providers’ e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us and our service providers, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain content and verifying system and server integrity);
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Website, the Apps and the Tools, such as information about the links you click on;
- ETag, or entity tag. An ETag, or entity tag, is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. It is one of several mechanisms that HTTP provides for web cache validation. These allow websites to be more efficient and not serve content again, when data is already cached and ready to view;
- Fingerprinting. Fingerprinting refers to the collection and analysis of information from your device, such as your operating system, plug-ins, system fonts and other data, for purposes of identification;
- Recognition Technologies. Recognition technologies refers to various technology features used by websites, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user); and
- Log Files. These track actions occurring on the Website, the Apps and the Tools, which help us and our service providers collect your IP address, browser type, Internet service provider, the webpages from which you came or to which you go before and after visiting the Website, the Apps and the Tools, and the date and time of your visits.
Behavioral Advertising
We and our service providers may use your personal information to provide you with targeted advertisements or marketing communications that we each believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Do Not Track
Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser's DNT option in your browser's preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website, the Apps and the Tools may be served by third-parties (in addition to our service providers who provide the Tools), including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website, the Apps and the Tools. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We and our service providers do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We and Our Service Providers Use Your Information
We and our service providers may use information that we each collect about you or that you provide to each of us or on the Website, the Apps and the Tools, including any personal information:
- To present the Website, the Apps and the Tools and their contents to you;
- To provide you with information, products, or services that you request from us and our service providers;
- To provide you with notices about your account, the Website, the Apps and/or the Tools;
- To carry out our and our service providers’ obligations and enforce our respective rights arising from any contracts entered into between you and each of us, including for billing and collection, if needed;
- To notify you about changes to the Website, the Apps and the Tools or any products or services we or our service providers offer or provide though them;
- To allow you to participate in interactive features on the Website, the Apps and the Tools, if any;
- To develop and improve our and our service providers’ products and services;
- For behavioral tracking, profiling and advertising;
- For any other purpose as needed for our and our service providers’ businesses;
- For any other purpose with your consent;
- To contact you about our own, our service providers’, and third-parties’ goods and services that we each think may be of interest to you;
- To enable us and our service providers to display advertisements to each of our advertisers’ target audiences; and
- To comply with applicable laws, regulations, and contractual obligations.
Disclosure of Your Information
We and our service providers may disclose aggregated information about users, and information that does not identify any individual, without restriction.
We and our service providers may disclose personal information that we each collect or you provide as described in this privacy policy:
- To our and our service providers’ affiliates;
- To contractors, service providers (in addition to the service providers that provide the Tools), and other third parties we each use to support our respective businesses and assist in providing services and offering products;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our or our service providers’ assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us or our service providers about the users of the Website, the Apps and/or the Tools is among the assets transferred;
- To third parties to market their products or services to you;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us or our service providers when you provide the information; and
- With your consent.
We and our service providers may also disclose your personal information:
- To comply with any court order, law, or legal process, including responding to any government, law enforcement, or regulatory request under any applicable laws, regulations, legal processes, or government requests;
- To enforce or apply the Terms of Use, including this Privacy Policy, and any other agreements between you and us or you and our service providers, including for billing and collection purposes; and
- If we or our service providers believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our service providers, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Data Security
We and our service providers have implemented measures intended to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we or our service providers have given you (or where you have chosen) a password for access to certain parts of the Website, the Apps and the Tools, you are responsible for keeping this password confidential. We and our service providers ask you not to share your password with anyone and to change your password from time to time. We and our service providers also highly recommend that you use a password that is dissimilar to and cannot be easily found by unauthorized third parties who may have obtained your login credentials to other sites. Keep in mind that if you use the same password for all websites, if someone obtains your credentials for one site, they may be able to then use those credentials to log into any other site you use.
Unfortunately, the transmission of information via the internet is not completely secure. Although we and our service providers try to protect your personal information, we and our service providers cannot guarantee the security of your personal information transmitted through or collected through the use of the Website, the Apps and the Tools. Any transmission of personal information is at your own risk.
We and our service providers are not responsible for circumvention of any privacy settings or security measures contained on the Website, the Apps and the Tools.
Changes to This Privacy Policy
It is our policy to post any changes made to the privacy policy on this page. When changes are made, we will post a revised version on our Website with the last updated and effective date posted on the top of this page.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, please direct such inquiries to:
E-mail: admin@banyan.gg
YOUR CALIFORNIA PRIVACY RIGHTS
This section of the privacy policy applies solely to California residents.
We adopt this Section of the privacy policy in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”).
Please note that certain terms used in this California-specific section of the privacy policy, such as “Personal Information,” “Sale,” “Share” and “Sensitive Personal Information” have the meanings given to such terms in the CCPA/CPRA, and not the common meanings of these terms in conversational English. The CCPA does not apply to certain information, which may be subject to the Gramm-Leach-Bliley Act (“GLBA”), the Fair Credit Reporting Act, or certain other state or federal privacy laws.
California Residents
California Civil Code Section § 1798.83, known as the “Shine The Light” law, permits users of the Website, the Apps and the Tools who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties. You may request this information no more than once a year, but such request will be handled free of charge to you. To make such a request, please send an email to admin@banyan.gg.
Do Not Track and Global Privacy Controls
The Website, the Apps and the Tools respond to currently available global privacy control (“GPC”) signals. We will use commercially reasonable efforts to keep the Website, the Apps and the Tools up to date so that we can continue to respond to such opt-out request as the technology changes over time.
If you choose not to be tracked while visiting the Website, the Apps and the Tools, you can visit your browser privacy settings to make the selection, and specifically turn on a “do not track” or other global privacy control setting made available, to send signals that you wish not to have your information collected as you browse. This election is often available under the cookies related privacy settings for your browser.
Not all browsers have GPC extensions at this time. Please visit the website for the company that offers your browser to see if they have a GPC extension and to learn how to download it. For example, Mozilla explains how to enable their experimental GPC control here: https://blog.mozilla.org/netpolicy/2021/10/28/implementing-global-privacy-control/.
Notice of Financial Incentives
At this time, we do not offer any financial incentives for processing your Personal Information.
Data Collection
We have collected the following categories of Personal Information for the following purposes within the last twelve (12) months:
| Category of Personal Information | Categories of Sources of Collection | Business or Commercial Purpose for Collection |
|---|---|---|
| A. Identifiers, including (1) of employees and job applicants: name, postal address, email address, social security number; and (2) of consumers: internet protocol (“IP”) address, account identifiers. | Business partners; Employees/job applicants/independent contractors; Users of the Website, the Apps and the Tools; User requests for profile updates; Activity on the Website, the Apps and the Tools | To provide our products and services; To improve our products and services; To identify potential customers; To market our products and services; To offer employment, to provide payroll, insurance and benefits, for background checks |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) including (1) of employees and job applicants: name, postal address, email address, telephone number, education and employment history, social security number, financial account information, and health insurance information; and (2) of consumers: IP address, account identifiers, wallet information. | Business partners; Employees/job applicants/independent contractors; Users of the Website, the Apps and the Tools; User requests for profile updates; Activity on the Website, the Apps and the Tools | To provide our products and services; To improve our products and services; To identify potential users; To market our products and services; To offer employment, to provide payroll, insurance and benefits, for background checks |
| C. Protected classification characteristics under California or federal law including (1) of employees and job applicants: age, citizenship, gender, military status. | Employees; Job applicants | To offer employment, to provide payroll, insurance and benefits, for background checks |
| D. Commercial information including (1) of consumers: records of transactions on the Website, the Apps and the Tools, or products and services obtained or considered. | Users of the Website, the Apps and the Tools; Activity on the Website, the Apps and the Tools | To provide our products and services; To market our products and services; To improve our products and services; For research and development; To maintain business relationship with partners |
| E. Biometric information. | None | None |
| F. Internet or other similar network activity, including (1) of employees: IP address; and (2) of consumers: browsing history; records of clicks, views and downloads; records of invitations opened and shared; widget load data; IP address; device and browser types; interactions with the Website, the Apps and the Tools; times and dates of visits to the Website, the Apps and the Tools; pages that you visit before and after the Website, the Apps and the Tools. | Activity on the Website, the Apps and the Tools | To provide our products and services; To market our products and services; To improve our products and services (e.g., usage pattern data); To track employee actions for internal reports and information security purposes |
| G. Geolocation data of consumers. | Activity on the Website, the Apps and the Tools | To provide our products and services; To market our products and services; To improve our products and services |
| H. Sensory data. | None | None |
| I. Professional or employment-related information, including of (1) employees and job applicants: current and past job histories. | Employees; Job applicants | To offer employment, to provide payroll, insurance and benefits, for background checks |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), including of (1) employees and job applicants: educational records and transcripts. | Employees; Job applicants | To offer employment, to provide payroll, insurance and benefits, for background checks |
| K. Inferences drawn from other Personal Information, including of (1) consumers: profiles reflecting a user’s preferences and behaviors, browsing and usage characteristics, and trends with respect to the Website, the Apps and the Tools. | Activity on the Website, the Apps and the Tools | To provide our products and services; To market our products and services; To improve our products and services; For research and development |
| L. Sensitive Personal Information, including of (1) employees and job applicants: social security number. | Employees; Job applicants | To offer employment, to provide payroll, insurance and benefits, for background checks |
We do not knowingly or intentionally collect any Personal Information of persons under the age of 16
California Consumer Rights Pursuant to the CCPA/CPRA
California consumers have specific rights regarding how your Personal Information is collected and used.
- You have the right to request that we disclose to you or your authorized agent acting on your behalf the following information covering the past twelve (12) months:
- Specific pieces of Personal Information collected;
- Categories of Personal Information collected;
- Categories of sources from which Personal Information is collected;
- Categories of Personal Information Sold (as this term is defined in the CPRA/CPRA), Shared for cross context behavioral advertising, or disclosed for a business purpose.
- Categories of third parties to/with whom we Sold, Shared or disclosed the Personal Information for a business purpose:
- Our business purpose for collecting (or Selling or Sharing) Personal Information;
- The categories of Sensitive Personal Information to be collected and the purposes for which the categories of Sensitive Personal Information are collected or used and whether such information is Sold or Shared, except for such information that is collected or processed without the purpose of inferring characteristics about you.
- You have the right to request correction of any inaccurate Personal Information that we maintain about you;
- You have the right to request deletion of your Personal Information (with exceptions noted by law – more on this below);
- You have the right to request that your Personal Information not be Sold to or Shared with third parties;
- You have the right not to be discriminated or retaliated against because you exercised these rights; and
- You have the right to request that we limit use and disclosure of your Sensitive Personal Information, except for such information that is collected or processed without the purpose of inferring characteristics about you.
Data Deletion
As permitted by the CCPA/CPRA, in the event you request deletion of Personal Information that we have collected about you, we, and our service providers and contractors, may be unable to comply with such a request if your Personal Information is necessary to:
- Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you or between you;
- Prevent, detect, and investigate security incidents, protect against malicious deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another Consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with section 1546) of Title 12 of Part 2 of the Penal Code;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of that information is likely to render impossible or seriously impair the achievement to such research, if you have provided informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with a legal obligation; or
- Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Non-Discrimination
We will not discriminate against you or retaliate for exercising any of your CCPA/CPRA rights. Specifically, we will not do any of the following unless permitted by the CCPA/CPRA:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services;
- Engage in any retaliatory employment practices; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
- However, we may offer you certain financial incentives permitted by the CCPA/CPRA that can result in different prices, rates, or quality levels. Any CCPA/CPRA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Do Not Sell or Share My Personal Information
We do not sell Personal Information (as the term “Sale” is defined pursuant to the CCPA/CPRA), in exchange for monetary compensation. We may Share Personal Information (as the term “Share” is defined pursuant to the CCPA/CPRA) for cross context behavioral advertising purposes
As a California consumer, you have the right to opt out by sending an email to admin@banyan.gg of the sale or Sharing of your Personal Information to third parties.
In the twelve (12) months prior to the posting of this Policy, we have Sold to or Shared with third parties the categories of Personal Information about California residents set forth below, and for the purposes set forth below:
| Categories of Personal Information Sold or Shared | Categories of Third Party to Which Personal Information Was Sold | Reason for Selling | Categories of Third Party with Whom Personal Information Was Shared | Reason for Sharing |
|---|---|---|---|---|
| A. Identifiers, including of consumers: IP address, account identifiers. | Our service providers (including cookies, and analytics); Our marketing agencies and service providers | To market our products and services; To understand our audiences; To improve our products and services; For research and development | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including of consumers: IP address, account identifiers. | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services; To understand our audiences; To improve our products and services; For research and development | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services |
| C. Protected classification characteristics under California or federal law. | None | N/A | None | N/A |
| D. Commercial information, including of consumers: records of transactions on the Website, the Apps and the Tools, and products or services obtained or considered. | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services; To understand our audiences; To improve our products and services; For research and development | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services |
| E. Biometric information. | None | N/A | None | N/A |
| F. Internet or other similar network activity including of consumers: browsing history; records of clicks, views and downloads; records of invitations opened and shared; widget load data; IP address; device and browser types; interactions with the Website, the Apps and the Tools; times and dates of visits to the Website, the Apps and the Tools; pages that you visit before and after the Website, the Apps and the Tools. | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services; To understand our audiences; To improve our products and services; For research and development | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services |
| G. Geolocation data of consumers. | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services; To understand our audiences; To improve our products and services; For research and development | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services |
| H. Sensory data. | None | N/A | None | N/A |
| I. Professional or employment-related information. | None | N/A | None | N/A |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | None | N/A | None | N/A |
| K. Inferences drawn from other Personal Information, including of consumers: profiles reflecting a user’s preferences and behaviors, browsing and usage characteristics, and trends with respect to the Website, the Apps and the Tools. | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services; To understand our audiences; To improve our products and services; For research and development | Our service providers (including cookies and analytics); Our marketing agencies and service providers | To market our products and services |
| L. Sensitive Personal Information | None | N/A | None | N/A |
We do not knowingly or intentionally Sell or Share any Personal Information of children under the age of 16.
In addition to the sharing of Personal Information as reflected on the chart above, we may share some of your Personal Information with third party service providers who perform services on each of our behalf based on our instructions. Examples of these service providers include entities that help us track your interactions with and use of the Website, the Apps and the Tools, and provide advertising and marketing services. In particular, the below companies may collect personal information when you interact with our and digital property, including IP addresses, digital identifiers, information about your browsing usage on the Website, the Apps and the Tools and how you interact with the Website, the Apps and the Tools (including ads on the Website, the Apps and the Tools) for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with the Website, the Apps and the Tools, and/or ads, and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
| Company | Link to privacy policy | Services provided |
|---|---|---|
| RudderStack Inc. | RudderStack Privacy Policy | Collection, organization, and transmission of data to our systems |
| Databricks, Inc. | Databricks Privacy Notice; Databricks Privacy Notice (Additional Information) | Data warehousing |
| Google, Inc. | Google Privacy Policy | Data analytics, monitoring, technical administration and functionality, and user authentication |
Data Disclosure
In the twelve (12) months prior to the posting of this Policy, we have disclosed for a business purpose the categories of Personal Information about California residents set forth below, for the reasons set forth below:
| Category of Personal Information Disclosed for a Business Purpose | Category of Persons to Whom Personal Information Was Disclosed | Purpose for Disclosing for a Business Purpose |
|---|---|---|
| A. Identifiers, including (1) of employees and job applicants: name, postal address, email address, social security number; and (2) of consumers: IP address, account identifiers. | Our marketing service providers; Our service providers (including cookies and analytics); Our support/maintenance service providers; Our benefits and payroll service providers and partners | To provide our products and services; To market our products and services; To improve our products and services; For research and development; To offer employment, to provide payroll, insurance and benefits, for background checks; To maintain business relationships |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) including (1) of employees and job applicants: name, postal address, email address, telephone number, education and employment history, social security number, financial account information, and health insurance information; and (2) of consumers: IP address, account identifiers, wallet information. | Our marketing service providers; Our service providers (including cookies and analytics); Our support/maintenance service providers; Our benefits and payroll service providers and partners | To provide our products and services; To market our products and services; To improve our products and services; For research and development; To offer employment, to provide payroll, insurance and benefits, for background checks; To maintain business relationships |
| C. Protected classification characteristics under California or federal law including (1) of employees and job applicants: age, citizenship, gender, military status. | Our benefits and payroll service providers and partners | To offer employment, to provide payroll, insurance and benefits, for background checks |
| D. Commercial information, including (1) of consumers: records of transactions on the Website, the Apps and the Tools, and products or services obtained or considered. | Our marketing service providers; Our service providers (including cookies and analytics) | To provide our products and services; To market our products and services; To improve our products and services; For research and development |
| E. Biometric information. | None | N/A |
| F. Internet or other similar network activity, including (1) of employees: IP address; and (2) of consumers: browsing history; records of clicks, views and downloads; records of invitations opened and shared; widget load data; IP address; device and browser types; interactions with the Website, the Apps and the Tools; times and dates of visits to the Website, the Apps and the Tools; pages that you visit before and after the Website, the Apps and the Tools. | Our marketing service providers; Our service providers (including cookies and analytics); Our support/maintenance service providers | To provide our products and services; To market our products and services; To improve our products and services; For research and development; For security purposes |
| G. Geolocation data of (1) employees and (2) consumers. | Our marketing service providers; Our service providers (including cookies and analytics); Our support/maintenance service providers | To provide our products and services; To market our products and services; To improve our products and services; For research and development; For security purposes |
| H. Sensory data. | None | N/A |
| I. Professional or employment-related information, including of (1) employees and job applicants: current and past job histories. | Our benefits and payroll service providers and partners | To offer employment, to provide payroll, insurance and benefits, for background checks |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), including of (1) employees and job applicants: educational records and transcripts. | Our benefits and payroll service providers and partners | To offer employment, to provide payroll, insurance and benefits, for background checks |
| K. Inferences drawn from other Personal Information, including of (1) consumers: profiles reflecting a user's preferences and behaviors, browsing and usage characteristics, and trends with respect to the Website and Tools. | Our marketing service providers; Our service providers (including cookies and analytics) | To provide our products and services; To market our products and services; To improve our products and services; For research and development |
| L. Sensitive Personal Information including of (1) employees and job applicants: social security number. | Our benefits and payroll service providers and partners | To offer employment, to provide payroll, insurance and benefits, for background checks |
Sensitive Personal Information
As a part of the Website, the Apps and the Tools, we may collect, Sell and Share Sensitive Personal Information, as set forth above, and use it or Sell/Share it for the purposes described above.
You have the right to request that we limit our use and disclosure of your Sensitive Personal Information such that we each use such information solely to provide you the Website, the Apps and the Tools, or process your transactions. To exercise this right, please email your request to admin@banyan.gg.
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Data Retention
We store Personal Information as needed to accomplish the purposes identified in this privacy policy and to meet legal requirements, including to comply with law, and for record retention, resolving disputes, and enforcing agreements with you. We will not retain Personal Information or Sensitive Personal Information for longer than is reasonably necessary for the purposes disclosed above. Our retention of your Personal Information is governed by applicable law. This storage period may extend beyond the term of your relationship with us.
When we no longer need Personal Information, or in any event, after legal authority to retain it has expired, we will destroy Personal Information in accordance with local law and pursuant to each of our relevant procedures.
How to Exercise Your CCPA/CPRA Rights
You can exercise all of your rights granted to you pursuant to the CCPA/CPRA by contacting us at admin@banyan.gg.
California law requires us to verify your identity before processing your request. In order to make a request pursuant to the CCPA/CPRA, you must provide your NEAR wallet address, associated email address (if applicable), and an email to be used for future communication. If you are requesting specific pieces of Personal Information that we have collected about you, you will also be required to email a signed declaration under penalty of perjury to admin@banyan.ggg that you are a California resident and that you are the consumer whose Personal Information is the subject of the request. Note that we will not process your request to disclose specific pieces of information we have about you until we receive this signed declaration, and your request will not be considered timely submitted until this document is in our possession.
We will review the information you have provided against the information in our respective databases, and attempt to verify your identity. However, please note that under certain circumstances, we may require you to provide additional information in order to confirm your identity and your residency before we can process your requests. Also note that you are only entitled to make a Personal Information request up to twice in a 12-month period.
If you submit your CCPA/CPRA request by email, please include “California Privacy Rights” as the subject line. If you make a request to exercise your rights under the CCPA/CPRA by telephone, we may ask you to provide the request in writing so that we may verify your identity.
We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time or information to verify your identity (and if so, why).
Using an Authorized Agent
A California resident may use an authorized agent to submit a right to know request, a request to delete, a request to limit our processing of Sensitive Personal Information, or a request to opt-out of the Sale or Sharing of Personal Information at admin@banyan.gg. To use an authorized agent for these purposes, both the resident and the agent will be required to verify their identities with us. For this purpose, the agent will be required to submit a request with their NEAR wallet address, associated email address (if applicable), and an email to be used for future communication, and the following information about the consumer on whose behalf they are making the request: NEAR wallet address, associated email address (if applicable), and an email to be used for future communication. In addition, the agent will be required to provide via email written authorization from the consumer to act on their behalf in making these requests. If we cannot authenticate the identity of the agent making the request, we may also require that the consumer confirm directly with us that they have in fact authorized their agent to act on their behalf. We may deny a request from an agent who cannot meet these requirements. If the agent has provided a power of attorney pursuant to Cal. Prob. Code Sections 4121 to 4130, then the verification that the consumer has authorized the agent to act on their behalf will not be necessary.
EUROPEAN ADDENDUM TO PRIVACY POLICY
This Addendum to the privacy policy applies to you only if accessing the Website, the Apps and the Tools from within the confines of the European Economic Area (“EEA”), Switzerland or the United Kingdom. THIS ADDENDUM TO THE PRIVACY POLICY DOES NOT APPLY TO ANY PERSON LOCATED WITHIN THE UNITED STATES OF AMERICA OR ANY OF ITS TERRITORIES, OR ANY COUNTRY OUTSIDE THE EEA, SWITZERLAND OR THE UNITED KINGDOM.
Additional Information requirements pursuant to Art. 13 GDPR (EU General Data Protection Regulation): This privacy policy addendum (the “Privacy Policy European Addendum”) applies solely to our and our service providers’ processing of the “personal data” (as such term is defined in the GDPR) of data subjects who are in the European Economic Area, where they use, browse or interact with, the Website, the Apps and the Tools.
It is important that you read this Privacy Policy European Addendum together with any other privacy policy, privacy notice or fair processing policy we and our service providers may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we and our service providers are using your data. This Privacy Policy European Addendum supplements other notices and privacy policies and is not intended to override them.
Controllers Cuong Duong Cong, an independent contractor of Banyan Collective Inc, is a controller of the Website, the Apps and the Tools.
Data Privacy Manager
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy European Addendum. If you have any questions about this Privacy Policy European Addendum, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below:
Full name of legal entity: Banyan Collective Inc
Email address: admin@banyan.gg
Changes to the Privacy Policy and your duty to inform us of changes
We keep the privacy policy under regular review. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
The data we and our service providers collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymized data).
As we and our service providers provide the Website, the Apps and the Tools to you, engage in marketing activities, and make the Website, the Apps and the Tools available to you, we and our service providers may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name; last name; education and employment data; financial account information, including wallet information, salary and income information; account access credentials; and government-issued identification numbers.
Contact Data includes email address, mailing address, and phone number.
Technical Data may include IP address; browsing history; records of clicks, views and downloads; records of invitations opened and shared; widget load data; device and browser information; interactions with the Website, the Apps and the Tools; times and dates of visits to the Website, the Apps and the Tools; and pages that you visit before and after the Website, the Apps and the Tools.
Usage Data includes information about how you use the Website, the Apps and the Tools, and other inferences we and our service providers may draw from your personal data.
Marketing and Communications Data includes your preferences in receiving marketing from us, and our service providers, and each of our third party vendors, and your communication preferences.
Commercial Data includes records of transactions on the Website, the Apps and the Tools, and products or services obtained or considered; and other purchasing or consuming history or tendencies.
Special Data includes gender, age, and citizenship.
We and our service providers do not collect other categories of Special Data (as defined in the GDPR) about you such as details about your religious or philosophical beliefs, sex life, political opinions, trade union membership, genetic and biometric data, or information about criminal convictions and offences of European residents.
Please note that when using the Website, the Apps and the Tools, you may have the option to access, use or download third-party content. If you make use of such features of the Website, the Apps and the Tools, you will be accessing content offered by our and our service providers’ third party vendors or third parties or are not affiliated with us or our service providers. We do not control what information they may collect from you to allow them to make their services available, such as Technical Data or Usage Data. This Privacy Policy European Addendum does not apply to collection or processing of your personal data by such parties.
We and our service providers may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we and our service providers may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Website, the Apps and the Tools, or we and our service providers may collection anonymous registration data to calculate the number of individual users accessing the Website, the Apps and the Tools. However, if we or our service providers combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy European Addendum.
If you fail to provide personal data
Where we and our service providers need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Website, the Apps and the Tools). In this case, we and our service providers may have to suspend your access to all or parts of the Website, the Apps and the Tools, as applicable, but we will endeavour to notify you if your access is suspended to such features.
How is your personal data collected?
We and our service providers use different methods to collect data from and about you including through:
Direct interactions. You may give us and our service providers your Identity, Contact Data, Commercial Data, and Special Data by registering for an account, as part of the employment process, requesting or obtaining access to the Website, the Apps and the Tools, or by corresponding with us or our service providers through any means.
Automated technologies or interactions. For a description of cookies and other Tracking Technologies used on the Website, the Apps and the Tools, please visit the Cookie Policy.
Third parties or publicly available sources. We and our service providers receive personal data about you from various third parties and public sources as set out below:
Identity Data from your publicly available wallet information.
Contact Data, Identity Data, Technical Data, Usage Data, Commercial Data, and Marketing and Communications Data from our and our service providers’ vendors.
Technical Data and Usage Data when you choose to use or access third-party websites and services linked or otherwise made available on or through the Website, the Apps and the Tools.
Identity Data, Contact Data, Technical Data, Usage Data, Marketing and Communications Data, and Commercial Data as we and our service providers engage in marketing activities.
Identity Data, Contact Data, Technical Data, Usage Data, Marketing and Communications Data, Commercial Data, and Special Data as we and our service providers make available the Website, the Apps and the Tools to you, and provide you with products and services relating to the same.
How we and our service providers use your personal data
We will only use your personal data that we collect when the law allows us to. Most commonly, we and our service providers will use your personal data in the following circumstances:
Where we and our service providers make available the Website, the Apps and the Tools to you, and provide you with products and services relating to the same.
Where it is necessary for our and our service providers’ legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we and our service providers need to comply with a legal obligation.
Generally, we and our service providers do not rely on consent as a legal basis for processing your personal data. You have the right to withdraw consent to marketing at any time by contacting us or through the “unsubscribe” feature in any marketing communication we or our service providers may send you.
Purposes for which we and our service providers will use your personal data
We have set out below, in a table format, a description of all the ways we, and our service providers on our behalf, plan to use your personal data that we each collect through any of the foregoing means, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we and our service providers may process your personal data for more than one lawful ground depending on the specific purpose for which we and our service providers are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of Data | Lawful Basis for Processing including Basis of Legitimate Interest |
|---|---|---|
| To provide the Website; To provide the Apps; To provide the Tools | Identity; Contact; Technical; Usage; Marketing and Communications; Commercial Data | Performance of a contract with you; Necessary to comply with a legal obligation; Necessary for legitimate interests (to keep our records updated and to study how users use the Website, the Apps, and the Tools) |
| To manage our and our service providers' relationship with you, which may include: Notifying you about changes to our relationship; Enabling you to interact with us or our third-party vendors; Responding to requests from you; Updating your personal data that relates to our relationship. | Identity; Contact; Marketing and Communications; Commercial | Performance of a contract with you; Necessary to comply with a legal obligation; Necessary for legitimate interests (to keep our records updated and to study how users use the Website, the Apps, and the Tools) |
| To administer and protect our business, the Website, the Apps, and the Tools (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data, identity verification, fraud prevention, cybersecurity monitoring). | Identity; Contact; Technical | Necessary for legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or corporate event); Necessary to comply with a legal obligation. |
| To deliver relevant services, the Website, the Apps, and the Tools content, and advertisements to you; To measure or understand the effectiveness of the advertising served to you. | Identity; Contact; Usage; Marketing and Communications; Technical; Commercial | Necessary for legitimate interests (to study how users use the Website, the Apps, and the Tools, to develop them, to grow our business, and to inform our and our service providers' marketing strategies). |
| To use data analytics to improve the Website, the Apps, and the Tools, products/services available on or through the Website, the Apps, and the Tools, marketing efforts, customer relationships and experiences, and identify potential users. | Technical; Usage; Marketing and Communications; Commercial | Necessary for legitimate interests (to define types of users for the Website and Tools, to keep the Website, the Apps, and the Tools updated and relevant, to grow our business, and to inform our and our service providers' marketing strategies). |
| To make suggestions and recommendations to you about products or services that may be of interest to you. | Identity; Contact; Technical; Usage; Commercial; Marketing and Communications | Necessary for legitimate interests (to develop our and our service providers' respective products/services and to grow our business). |
| To offer employment opportunities; To provide and administer insurance and benefits; To manage payroll; To track employee actions for internal reports and information security purposes. | Identity; Contact; Technical; Special; Usage | Necessary for legitimate interests (for running our business, hiring and managing employees, providing and administering employees' payroll and benefits, and managing our and our service providers' network security); Necessary to comply with a legal obligation. |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us and our service providers
We and our service providers may use your Identity, Contact, Technical, Commercial, and Usage Data to form a view on what we and our service providers think you may want or need, or what may be of interest to you (which we each may use for marketing purposes and may share with our respective third-party vendors).
You will receive marketing communications from us and our service providers if you have requested information from either of us or purchased services from either of us, and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before sharing your personal data with any third party for their own marketing purposes.
Opting out
You can ask to stop receiving marketing messages at any time by following the opt-out links on any marketing message sent to you by us or by our service providers on our behalf.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us and our service providers as a result of a service purchase or other transactions.
Cookies on the Website, the Apps and the Tools. For a description of cookies and other Tracking Technologies used on the Website, the Apps and the Tools, please visit the Cookie Policy.
Note that you may not be able to refuse all data collection even by setting your browser cookies settings, and that some collection of Technical and Usage Data may continue.
Also, note that we and our service providers use the following analytics service providers, who also collect Technical and Usage Data based on your use of the Website, the Apps and the Tools. The analytics providers listed below are independent controllers of that data, and use it for their own purposes. You specifically grant your consent to such data collection and usage.
| Service provider | Services provided |
|---|---|
| RudderStack Inc. | Collection, organization, and transmission of data to our systems |
| Databricks, Inc. | Data warehousing |
| Google, Inc. | Data analytics, monitoring, technical administration and functionality, and user authentication |
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider its usage necessary for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please submit a request to admin@banyan.gg.
If we or our service providers need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis permitting such use.
Please note that we and our service providers may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We and our service providers may share your personal data for the purposes of providing services to you, engaging in marketing activities, and making the Website, the Apps and the Tools available to you, including the following:
Internal Third Parties as set out in the Glossary.
External Third Parties as set out in the Glossary.
Third parties to whom we and our service providers may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we or our service providers may seek to acquire other businesses or merge with them. If a change happens to our or our service providers’ business, then the new owners may use your personal data according to their own privacy practices.
We contract with third-party vendors to require that they do not use your personal data for their own purposes and to authorize them to process your personal data for specified purposes and in accordance with our instructions.
International transfers
Whenever we transfer your personal data out of the European Economic Area (“EEA”), Switzerland and the United Kingdom we will endeavour to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We or our service providers will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en.
Where we or our service providers use certain vendors, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.
Please contact us if you want further information on the specific mechanism used when transferring your personal data outside your jurisdiction.
Data security
We have in place security measures intended to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
Data retention
We have implemented measures intended to ensure that we will not retain your personal data longer than is necessary to fulfill the purposes it was collected for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Note, however, that if we or our service providers have a legitimate interest in retaining the data, or if we are required to do so by applicable law, we will retain the data in accordance with our respective data retention plans and policies.
In some circumstances we and our service providers may choose to anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we and our service providers may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You may: (1) request access to your personal data; (2) request correction of your personal data; (3) request erasure of your personal data; (4) object to processing of your personal data; (5) request restriction of processing your personal data; (6) request transfer of your personal data; or (7) right to withdraw consent by contacting admin@banyan.gg.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we and our service providers may need from you
We and our service providers may need to request specific information from you to help confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights), including your: NEAR wallet address, associated email address (if applicable), and an email to be used for future communication. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We and our service providers may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take longer than a month if your request is particularly complex or you have made a number of requests. In this case, we or our service providers will notify you and keep you updated.
Glossary
Legitimate Interest means the interest of our business in conducting and managing the business and enabling us and our service providers to give you the best service/product and the best and most secure experience that we can offer. We make sure to consider and balance any potential impact on you (both positive and negative) and your rights before processing your personal data for such legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we or our service providers have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess such legitimate interests against any potential impact on you in respect of specific activities by submitting a request to admin@banyan.gg.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we or our service providers are subject to.
THIRD PARTIES
Internal Third Parties
Affiliates of Banyan Collective Inc
External Third Parties
Service providers acting as processors. A list of such parties is available upon reasonable request.
Third-party service providers which collect data as set forth in this policy and are each an independent controller of such data, including:
RudderStack Inc.
Databricks, Inc.
Google, Inc.
Regulators and other authorities acting as processors or joint controllers based in the United States who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we and our service providers may need to verify the accuracy of the new data you provide.
Request erasure of your personal data. This enables you to request deletion or removal of personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where are required to erase your personal data to comply with local law. Note, however, that we and our service providers may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate compelling legitimate grounds for our and our service providers’ processing of your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data's accuracy.
Where our use of the data is unlawful but you do not want to erase it.
Where you need us to hold the data even if we no longer require it, as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but such data is necessary to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We or will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us or our service providers to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we and our service providers may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.