Privacy Policy - Banyan Water

This Privacy Policy describes how Banyan Water deals with your personal information, and how we protect your privacy.

Your privacy

Our commitment to your privacy

Banyan Water, Inc. (“Company”, “we”, “us”, “our” and “Banyan Water”) provides built-environment enterprise customers with a comprehensive IoT SaaS solution that enables efficient irrigation and indoor water use and cost savings. Banyan Water is headquartered in the State of Texas in the United States.

This Privacy Policy outlines what personal information we collect, how we store, use and share it, and how you can access or correct your personal information. We are committed to protecting your privacy when you visit our websites or contact us. This includes:

The types of information we may collect or that you may provide when you download, install, access, or use our mobile application for iOS or Android (the “App“).
The types of information we may collect from you or that you may provide when you visit one of our websites (for example, banyanwater.com, portal.banyanwater.com, or asset.banyanwater.com) (our “Website“).
The information stored on our servers (“Servers”), which may be located in our facilities, at hosted locations, or cloud-based (for example, Amazon Web Services), and owned by us or by a firm from whom we lease resources or subscribe to services.
Our practices for collecting, using, maintaining, protecting, and disclosing that information.
Your options to change, correct, or remove the information we retain on you. This policy applies only to information we collect:
On the Website.
In the App.
In email, text, document managers, and other electronic communications sent through or in connection with the App and the Website.
Through mobile and desktop applications you download from the Website or the Apple or Google Play stores, which provide dedicated non-browser-based interaction between you and this Website.
From controllers, sensors, data analysis, and support tickets.
This policy DOES NOT apply to information that you provide to or is collected by any third party.

Changes to Our Privacy Policy

We change this Privacy Policy from time to time, to reflect changes to our practices, and may notify you, as appropriate, when we do so. We will also update the “Last Modified” date at the bottom of this Privacy Policy. We will post the new privacy policy on this page along with a notice that the Privacy Policy has been updated. Your continued use of our Services confirms your acceptance of our privacy policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

Children Under the Age of 13

Our Website and the App are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.

WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR WEBSITE, APP, OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR WEBSITE, APP, AND SERVICES.

Your personal information

What Information is Collected

We collect personal information that we need in order to deliver our services to you. We collect personal information directly from you when you access our services or engage with us through our websites and surveys.

Information collected from you

If you access any of our services, we will collect some or all of the following personal information:

Your name and contact details
Name and address of property you need access to
Name and address of the company you work for
Survey results and responses, when you participate in any of our surveys
Any correspondence with Banyan Water staff
Website and app usage activity
Device information
Any other information you choose to provide us

Collectively, this is known as your “personal information”.

Automatic Information and Tracking

When you download, access, or use Services on the Website or the App, it may use technology to automatically collect the following categories of information:

Usage Details. When you access and use the Website or the App, we may automatically collect certain details of your access to and use of the Website or the App, including traffic data, location data, time stamps, proof of identity, a record of the functions and features of the Website or the App that you use, logs, and other communication data and the resources that you access and use on or through the Website or the App.
Device Information. Our Website and the App may collect information about your mobile device and internet connection, including but not limited to the device’s unique device identifier, programming, IP address, operating system, browser type, localization information, accessibility settings, version number, mobile network information, and the device’s telephone number.
Stored Information and Files. The Website or the App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips.
Location Information. Our Website and the App displays real-time information about the location of your device, including GPS coordinates. This location information is for functionality and display purposes only. For example, it may help a contractor locate a piece of water infrastructure relative to his location. This information is never transferred to our server, stored on our server, or associated with your personal information in any way.

As you navigate through and interact with our Website or the App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website or the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or the App.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

If you do not want us to collect this information, do not use the Website or download the App or delete it from your device. For more information, see “Your Choices About Our Collection, Use, and Disclosure of Your Information” below. Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled and may prevent it from providing information required by Customers for whom you are providing services.

Some information we collect automatically is statistical data and may include personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and our App and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website and the App according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website or launch the App.

Log Information

When you use our Website, use our App, or interact with us through email or chat windows, we automatically collect and store certain information in log files in accordance with this Policy.

Information Collection and Tracking Technologies:

The technologies we use for automatic information collection may include:

Cookies (or mobile cookies). A cookie is a small file placed on your smartphone or on the hard drive of your computer. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or on your browser. However, if you select this setting you may be unable to access certain parts of our Website or the App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website or the App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website or the App. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the Website or the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Website and App statistics (for example, recording the popularity of certain Website and App content and verifying system and server integrity).
API Calls and Application Services. Our Website and the App make use of API calls through which information is transmitted using HTTPS requests, in direct, two-way communication with our Servers.

Information collected from third parties

We may collect information from third parties to enhance our services (like water bill or meter read data), however, when we do so, this information is collected in aggregated form. That means that we do not collect any personal information from third parties about you. However, we may collect aggregated information and information about water consumption and combine that information with personal information we hold about you.

Third-Party Information Collection When Using the Website

Some content or applications on the Website may be served by third-parties, including 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 our Website. 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 do not control these third parties’ tracking technologies or how they may be used. If you have any questions about content, you should contact the responsible provider directly.

Third-Party Information Collection When Using the App

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

Analytics companies.
Content providers
Your mobile device manufacturer.
Your mobile service provider.

These categories of information include internet protocol (IP) address (or the proxy server you use), device and application identification numbers, your browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp,information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, your phone number, calling- party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information, types of calls, and system configuration information. We routinely connect personal information to information gathered in our log files as necessary to deliver you, your employer, and customers with Services.

The Site may contain links to third-party websites not controlled by us or covered by this document. We are not responsible for the privacy practices or the content of such websites, and we recommend that you check the privacy statement of these websites before providing any Personal Information.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about content, you should contact the responsible provider directly.

Using your personal information

In order to deliver our services, we use your personal information in the ways set out below. If we need to use information in a way not outlined below, we will only do so if required or permitted by law or with your authorisation.

We use your personal information to:

Provide you with access to any products or services you sign up for.
Email communications as part of program delivery.
Contact you to respond to any of your inquiries.
Analyze and inform you of any opportunities for additional water savings.
Conduct surveys and collect feedback on our services.
Provide you with information about new products, services, promotions and campaigns.
Provide you with information about the operation and security of our websites.
Contact you to advise you of changes to our terms and conditions, services or new products or promotions.
On an aggregated basis, to provide better service to all of our customers through improved analytics, portfolio- or region-wide analyses and reporting, predictive activities such as maintenance or configuration changes; or to derive performance indices.

The usage information we collect helps us to improve our Website and the App and to deliver a better and more personalized experience by enabling us to:

Recognize how, when and where you use the Services and for what Customers.
Store information about your preferences, allowing us to customize our Website and the App according to your individual interests.
Speed up your searches.
Recognize you when you use the Website or the App.
Provide information or services that are contextually related to your specific use or location.

You can opt-of out any notifications by clicking on the unsubscribe link at the bottom of emails or texts, or by contacting [email protected]

If you provide feedback that could be used for marketing material, we will endeavor to get your consent before copying or quoting your message.

Sharing your personal information

Banyan Water does not sell or rent your personal information. However, we do share your personal information with trusted third parties that work on our behalf to deliver our services to you (such as for computing and storage purposes, for email correspondence, and for marketing purposes).

We do not authorize third parties to use or disclose your personal information except for the purpose of providing the service we request from them. All third parties, which we disclose your personal information to, are subject to obligations under the GDPR, CalOPPA, CCPA regulations to protect your information from unauthorized use or disclosure.

If we were in a situation where we would need to share your personal information with providers that are not subject to the above regulations, we would obtain prior authorisation from you before we disclose it to any such third parties.

In addition, we may disclose personal information that we collect or that you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To our employees involved in activities related to the fulfillment of services provided as part of our Customer agreements, including your use of our Website, App, and Services. This may also include engineering and quality assurance teams who require access to information in development, debugging, or support activities.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
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 Banyan Water Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Banyan Water, Inc., about our Website and/or App users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
To Customers and their authorized representatives whom you represent and owners of user accounts on our Servers to which you are registered.
To other users of your account, if it is shared by multiple individuals; we will also provide a list of all users registered to a shared account to any user registered to the account.
We may share information of other users in other accounts when you are registered to view information on their behalf (for example, if you are an asset manager responsible for multiple Customer sites within Banyan).
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, including billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Banyan Water, Inc., our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

How we store and protect personal information

We store your personal information we collect from you in accordance with your state laws and take reasonable steps to ensure the security of your personal information. We use trusted third-party providers to store and process our data and ensure that our cloud-based platforms meet the accepted global recommendations for privacy requirements.

Retention

We retain personal information for as long as we need it in order to continue to provide you with our service(s), maintain the security of our websites or as required by law.

Security

We take all reasonable steps to ensure the personal information we collect is protected against loss, unauthorized access and disclosure or any other misuse. We have a corporate policy in place to ensure staff manage and protect Banyan Water data and devices. Access to our systems and platforms is controlled, through role-based access, and all access is logged and audited.

Some of the information you provide may be stored on your computer, your mobile device or on our Servers. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure Servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We also urge you to be careful about giving out information in public areas of the Website or the App, like social media, emails, text messages, or message boards. The information you share in public areas may be viewed by other users.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Website or the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we or the partners hosting our Servers provide.

Only our employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. In addition, your employer or Customer will also have access to this information. In addition, personally identifiable information is not shared nor displayed across accounts. The computers or Servers in which we store personally identifiable information are kept in a secure environment.

Links to other websites

Our websites provide links to other websites when we consider you may be interested in the content of those sites. We do not endorse any third party sites or their content and we have no control over the conduct of the companies or organizations operating those sites.

Before you disclose any personal information to another site, we advise you to check its terms and conditions, including its privacy and security policies.

Your privacy rights

You have the right to request access to and correct any personal information we hold about you at any time. You have the right to request a copy of the personal information we hold about you. When any such request is received, we will process your request as soon as possible and provide you with our decision on your request within 20 working days after your request. We will also take steps to verify your identity before providing you with any requested personal information.

You can ask us to stop using your information. However, if you ask us to stop using your information, we may not be able to provide you with all our services.

Accessing and Correcting Your Personal Information

Most information is available for you to review and change by visiting your account profile page. You can also contact us at +1 800 276 1507 to review any information that may be stored with your account.

You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account, which will result in a loss of services we provide to you. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website or the App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website or App users. Proper access and use of information provided on the Website or the App, including User Contributions, is governed by our terms of use. Some information – for example, site surveys or other work performed on behalf of your Customer – may only be deleted by the account holder.

Contact Information

If you are concerned this privacy statement may have been breached or your privacy has been compromised, please email us immediately at [email protected]. To ask questions or comment about this Privacy Policy and our privacy practices, contact us through the Website, on the phone at +1 800 276 1507, or email to [email protected].

Last Updated: July, 2022