Privacy Policy

Privacy notice for Canopy, a registered trade name of Banyan Hills Technologies Inc.

Last Modified: November 2024

Banyan Hills Technologies, Inc. d/b/a Canopy (“Canopy,” “we,” “us,” or “our”) is committed to protecting the privacy of our clients, individuals interested in our business, and visitors to our website, www.gocanopy.com (the “Site”). This Privacy Policy explains our privacy practices and the types of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, as defined by applicable privacy laws (“Personal Data”) that we may collect or receive from the Site, any of our affiliates and subsidiaries’ websites, any other web address, mobile site, or application controlled by Canopy that links to this Privacy Policy; or when you use our products and services; (collectively, the “Services”).

By accessing and using the Services or otherwise providing information to Canopy, you have consented to the terms of this Privacy Policy, and consent to our privacy practices described herein including our use and disclosure of your Personal Data. If you do not agree to the terms and conditions of this Privacy Policy, then please do not provide us with your information. Please note, however, that if you choose to limit the information that you provide to us while using the Services, you may not be able to use or participate in certain features of the Services.

1. MODIFICATIONS AND REVISIONS

We may update this Privacy Policy from time to time to reflect changes to our privacy practices. We will notify you of any changes to this Privacy Policy by posting the revised or updated Privacy Policy and its “Last Modified” date on the Services. If the revision or modification is material, we will provide you notification via email or via the Site. Your continued use of the Services after the “Last Modified” date constitutes your acceptance of and agreement to the Privacy Policy and its revisions or updates. You should periodically read the Privacy Policy to learn of any revisions or updates.

2. COLLECTION OF PERSONAL DATA

During your use of the Services, Canopy collects both Personal Data and non-personally identifiable information about you in various ways, including:

Directly from you when you provide it to us;
Automatically as you use the Services; and
From third parties.

a. Information Provided by You

We may collect the following types of Personal Data and other information directly from you when you use the Services to request information from us concerning our Services, or communicate with our team. We may collect the following types of Personal Data:

Contact Data, including name, phone number, and email as well as any other information submitted to us via the Site.

Please note: When communicating with us (whether by text message, email, or through the Services or other means), please do not send us any sensitive information pertaining to yourself or others. We do not intend to collect or store sensitive information or special categories of information.

b. Information Automatically Collected by the Services

We may use cookies, tags, web pixels, and similar technologies to automatically collect information on our Services. Information within this section describes our use of these technologies and your ability to control the use of these technologies.

Cookies. Cookies are small web files that a website or its provider transfers to your device’s hard drive, through your web browser, that enables the site’s or provider’s system to recognize your browser and remember certain information. “First-party cookies” are cookies set by us on the Services. “Third-party cookies” are cookies set by other companies whose functionality is embedded into our Services (for example, those set by Google). Generally, we may use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect passive information about your use of our Services; to measure how you interact with our marketing campaigns; to help us improve the Services; and to remember your preferences for your convenience.
Web Pixels. To see how successful our marketing campaigns or other goals of the Services are performing, we may use conversion pixels, which fire a short line of code to tell us when you have clicked on a particular button or reached a particular page. We may also use web pixels to analyze usage patterns on our Services. The use of a pixel allows us to record that a particular device, browser, or application has visited a particular webpage.
Analytics. We may use third-party service providers to monitor and analyze the use of our Services, such as Google Analytics. Such service providers often have their own separate privacy practices.
Behavioral Remarketing. We may also use remarketing services to advertise on third-party websites to you after you visit the Services. For this purpose, visitors are grouped by certain actions on the Services, e.g., by duration of a visit. This enables us to understand your preferences and to show you personalized advertising even if you are currently surfing on another website that also participates in the same advertising network. We may utilize Google Ads, and similar ad networks.
Java Script. Pages of our Services may also use Java scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or "cached" within your browser to store and retrieve data in HTML5 pages when the website is revisited.
Other Tracking Technologies. We may also use tracking technologies to collect "clickstream" data, such as the domain name of the service providing you with internet access, your device type, IP address used to connect your computer to the internet, your browser type and version, operating system and platform, the average time spent on our Services, pages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Services for the same purposes.

c. Information Received from Third Parties

In some instances, Canopy may receive Personal Data and/or anonymous data about you from other parties, such as our affiliates, business partners, service providers, and other third parties such as Google and Apple. That information may be obtained online, offline, or through publicly available resources. We may combine this information with the information you provide, and other data we already have about you.

We may also receive information about you from social media platforms when you interact with us on those platforms, access our social media content, if you use a third-party account to sign-in to the Services, or link a third-party account to your account. Please note that the information we may receive from those third parties (such as Facebook, Twitter, LinkedIn, Instagram, TikTok, and Youtube) is governed by the privacy settings, policies and/or procedures of the applicable platform, and we strongly encourage you to review them before submitting any information using a social media platform.

3. PURPOSE OF COLLECTION

Canopy may process your Personal Data for the following lawful business and commercial purposes, in accordance with the practices described in this Privacy Policy, and based upon the legal justification set forth in the parenthetical:

Provide the Services. We may use your Personal Data to provide the Services and any other services you may request from us. (CONSENT; CONTRACT; LEGITIMATE INTEREST)‍
Monitor the Services. We collect your Personal Data for monitoring purposes to help us diagnose problems with our servers, administer and troubleshoot the Services, calculate usage levels, analyze industry standards, and analyze transactions, trends, and statistics regarding the use of the Services. (CONSENT; LEGITIMATE INTEREST)‍
Respond to Inquiries and Fulfill Requests. We may use your Personal Data to respond to your inquiries and to fulfill your requests for information. (CONSENT)‍
Communicate with You. We may use your Personal Data to send you marketing information about the Services, special promotions, and other items that may be of interest to you. We may also contact you on behalf of our third-party business partners about a particular offering of theirs that may be of interest to you. (CONSENT; LEGITIMATE INTEREST)‍
Improve the Services. We may use your Personal Data to make the Services more stable and user-friendly, to analyze service issues, improve the design and content of the Services, personalize your experience, analyze how the Services are used, offer new services, and to develop new marketing programs relating to the Services. (CONSENT, LEGITIMATE INTEREST)‍
Customer Service. We may use your Personal Data when contacting you regarding customer service, the Services, to resolve disputes, or in response when you provide feedback. We may also use your information to send administrative emails regarding the Services or to inform you of any changes to this Privacy Policy, our terms or other agreements with you, or our third-party partner’s terms. (CONSENT; LEGITIMATE INTEREST)‍
Support Business Operations. We may use your Personal Data to support our internal and business operations, including marketing, security, and advertising. (CONSENT; LEGITIMATE INTEREST)‍
Enforce Agreements. We may use your Personal Data to enforce separate agreements between you and us, enforce this Privacy Policy, our Terms of Use or other agreements with you, or our third-party partner’s Terms of Use, or in connection with a transaction with a similar effect. (CONSENT; CONTRACT)‍
Fulfill Other Purposes. We may use your Personal Data to fulfill: (a) any other purpose for which you provide it; (b) any legal or regulatory requirements and any of our internal policies; (c) other purposes disclosed at the time of collection; (d) any other purpose with your consent; and (e) any other purposes set forth in this Privacy Policy. (CONSENT; LEGITIMATE INTEREST)

Legal Basis for Processing

If our processing is based solely on your consent, subject to legal exceptions, you have the right to withdraw your consent at any time.

4. DISCLOSURE OF PERSONAL DATA

Except as otherwise described in this Privacy Policy, we do not sell, share, rent, or otherwise disclose your Personal Data that we collect from the Services to any third parties for monetary or other valuable consideration, unless stated below or with your consent:

Subsidiaries and Affiliates. We may disclose Personal Data about you to our subsidiaries and affiliates.‍
Service Providers & Contractors. To help us provide superior service, your Personal Data may be shared with our service providers, contractors, and other third parties we use to support our business and who will safeguard it in accordance with this Privacy Policy. Such third parties may help us with order processing and fulfillment, providing customer service, maintaining and analyzing data, and sending customer communications on our behalf.‍
Advertising Partners. We may share your Personal Data with third party advertising partners, including but not limited to Microsoft, Bing Ads, TikTok, Reddit, LinkedIn, and Google Display Advertising and Remarketing services. These advertising partners may use first- and third-party cookies together to inform, optimize, and serve ads based on your past visits to the Services. You can opt out of these services using the Ads Preferences Manager or you can use the Google Analytics opt-out browser add-on. These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks, commonly referred to as “interest-based advertising.”‍
Analytics Partners. We may use analytics-based technologies to assist with personalization, advertising, and marketing. These technologies capture how you interact with our Site through behavioral metrics, heatmaps, and session replay to improve and market our products and services. ‍
Authorized Representatives. If another individual is managing your account with us or your email account which the Services connect to on your behalf (for example, a wife managing the account of a husband), as authorized by you or as a personal representative under applicable law, that person can view all Personal Data about you on the Services.‍
In the Event of Merger, Sale, Divestitures, or Change of Control. Canopy reserves the right to transfer Personal Data to a buyer or other successor in interest that acquires rights to that information as a result of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of Canopy or substantially all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about you is among the assets transferred. ‍
With Your Consent. We may share your information for other purposes pursuant to your consent or at your direction.
‍Other Disclosures. We may disclose your Personal Data if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) conform to legal requirements and comply with any court order, law, or legal process, including responding to any government, law enforcement, or regulatory request; (ii) enforce the Terms of Use, other agreements, including between you and us, and any other documents included or referenced therein (all of which are incorporated into and made a part of this Privacy Policy by reference); (iii) fulfill the purpose for which you provide it; (iv) detect, prevent, or otherwise address fraud or security issues; or (v) protect against harm to our, your, or third parties’ rights, property, or safety.

We may share and disclose de-identified and/or aggregate analytics with third-party partners for the purposes described in this Privacy Policy or where it is collected, or any other legal purpose, including, when and where applicable, sharing and disclosing non-personally identifiable information combined with Personal Data.

5. CHOICES

Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies on the Services by taking steps outlined below:‍

a. Account Profile

To update your information or discontinue the Services, please contact us as specified in the Contact Information section below. You also may be able to update your information by logging into your Account.‍

b. First-Party Cookies

‍You can use the browser with which you are viewing the Services to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings). Please note, if you set your browser to disable cookies, you may not be able to access certain secure areas of the Services. Also, if you disable cookies, other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org.

c. Third-Party Cookies

‍If you wish to opt-in or opt-out of third-party advertising networks and similar entities that use advertising cookies, then please visit https://www.aboutads.info/choices. For more information about third-party advertising networks and similar entities that use these technologies, please see https://www.aboutads.info/consumers

‍Google Analytics. We use Google Analytics on our Services to help us analyze traffic and improve services. For more information on Google Analytics’ processing of personal information, please see https://www.google.com/policies/privacy/partners/. You may opt out of the use of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
‍Google Ads. Our Services also use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our Services. That could mean that we advertise to previous visitors who haven’t completed a task on our site. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our sites. Any data we collect will be used in accordance with this Policy, and Google is responsible to abide by its own privacy policy. You can set your preferences for how Google advertises to you using the Google Ad Preferences page: https://adssettings.google.com/.
‍Social Media & Search Pixels. We use Meta Pixel tags and other social media (e.g. LinkedIn) and search pixels to better measure, optimize, and retarget our marketing campaigns. This allows user-specific behavior to be tracked after the user has been redirected to the advertiser’s website by clicking on a social media or search ad. This enables us to measure the effectiveness of social media and search ads for statistical and market research purposes. The data collected in this way is anonymous to us, in other words, we do not see the Personal Information of individual users. This data is stored and processed by the social media and search providers. The social media and search providers may link this information to your social media or search account and also use it for its own promotional purposes, in accordance with their data usage policies. For more information, please visit: https://www.facebook.com/about/privacy/. For more information on opt-out options, please visit: https://www.facebook.com/help/568137493302217.
‍Retention.com. When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.
‍ZoomInfo. Zoominfo gathers IP information from Site visitors. The IPs we gather are solely known company IPs and are associated only at a company level. Information collected through the use of Zoominfo is only used to ensure proper function of ZoomInfo. Zoominfo does not repurpose this information or transfer it to any third parties. Zoominfo also does not collect IPs of individuals, such as consumers or specific data subjects. For more information on the privacy practices of ZoomInfo, please visit the ZoomInfo Privacy Policy web page: https://www.zoominfo.com/about-zoominfo/privacy-policy.

d. Advertising

‍We may use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements about the Services. Such third parties may gather information about your visit to the Services, monitor your access or market the Services to you, monitor the ads you view, click-on, or interact with, when they were delivered, and the screens and pages that they are on. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads. We and our service providers may use information about your interactions with the Services to predict your interests and select the ads you see on and off the Services. This is known as interest-based advertising. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance. For more information about interest-based advertising and how you can opt out, visit:

Digital Advertising Alliance: http://www.aboutads.info/choices
Network Advertising Initiative (NAI): http://www.networkadvertising.org/choices/

e. Marketing

‍From time to time if you have supplied your email address, we may send you marketing or informational emails. If you prefer not to receive any or all of our marketing and promotional communications, you may opt-out of these communications by following the opt-out prompts on these communications. You also may ask us not to send you other marketing or informational communications by contacting us as specified in the Contact Information section below, and we will honor your request. Please note that even after you are removed from our marketing lists, we may still send you non-promotional communications, such as responding to your support requests.

f. Do Not Track

Some browsers have a “Do Not Track” (“DNT”) feature that lets you tell websites and online services that you do not want to have your online activities tracked. Such browser features and industry standards are not uniform. As such, Canopy does not monitor or respond to DNT browser requests. If a standard is adopted that we must follow in the future, then we will inform you about that practice in a revised version of this Privacy Policy.

6. THIRD-PARTY SERVICES, LINKS, AND WEBSITE

‍The Services may contain links to third-party services, websites, mobile applications, and/or contain advertisements from third parties that are not affiliates with us and which may link to other websites, services, or applications. While we endeavor to work with third parties that share our respect for user privacy, we are not responsible for the privacy policies or privacy practices of such third parties. Any information collected by third parties are not covered by this Privacy Policy. You are responsible for knowing when you are leaving the Services to visit a third-party website, service, or application and for reading and understanding the terms of use and privacy policy statements for each such third party. This Privacy Policy only governs information collected through the Services.

7. CHILDREN

‍The Services are not intended for children, and we encourage parents and guardians to be aware of and monitor the websites visited by their children. Canopy does not knowingly collect any Personal Data from children under 16 years of age. If Canopy learns that a child under the age of 16 has submitted Personal Data to the Services without guardian or parental consent, we will take all reasonable measures to remove or delete such information as soon as practicable and not use such information for any purpose, except where necessary to protect the safety of the child or others or as required or allowed by law. If you believe a child under age 16 has provided us with Personal Data, please contact us as specified in the Contact Information section below.‍

8. RETENTION PERIOD

‍We may retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law. We are under no obligation to store such Personal Data indefinitely and, to the extent permitted by law, disclaim any liability arising out of, or related to, the destruction of such Personal Data.

9. CONFIDENTIALITY AND SECURITY

‍We take the security of your Personal Data seriously and have implemented appropriate technical and organizational measures to protect it from unauthorized access, disclosure, or destruction. While we implement these measures, please note that 100% security is not possible, and we cannot guarantee that the security measures we have in place to safeguard Personal Data will never be defeated or fail, or that those measures will always be sufficient or effective.‍

10. PUBLIC FORUMS

‍We may provide public areas on the Services, such as forums, blogs message boards, and chat rooms (“Public Forum”), where you can post information about yourself and others. Please exercise discretion and use caution with respect to your data, especially in such public areas. We do not control who reads postings on the Services, or how they may use or disclose such information. If you choose to voluntarily disclose information on Public Forums, that information will be publicly available and can be collected and used by other users.

11. INTERNATIONAL TRANSFER OF INFORMATION

‍The Services are hosted in the United States. If you are visiting the Services from outside the United States, your Personal Data may be transferred to, stored, and processed in the United States in accordance with this Privacy Policy and applicable U.S. laws. Please note your Personal Data will be transferred, processed, collected, use, accessed, and/or stored in the United States, a country and jurisdiction that may not have the same data protection laws or rights as the country in which you reside, and subject to U.S. laws. Please do not provide your Personal Data to us if you do not want this information to be transferred or processed outside of your country, or if the laws in your country restrict such transfers. By using the Services, you consent to the transfer of your information to our facilities and the practices described in this Privacy Policy.

12. CANOPY AND VARIOUS STATE PRIVACY LAWS

‍We are not subject to the defined scope of many state privacy laws, such as the California Consumer Privacy Act (“CCPA”), Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”) or the Connecticut Data Privacy Act (“CDPA”), and therefore the specific rights and obligations identified in these laws do not currently apply to us. However, residents of these states may refer to these Privacy Policy provisions regarding our current data practices and may contact us regarding data inquiries or further information requests via the Our Contact Information section below. We also recognize that privacy laws continue to evolve rapidly, so we are undertaking reasonable means to monitor developments in these laws and update our policies accordingly.

13. CONSUMER REQUESTS AND VERIFICATION

‍a. Right to Non-Discrimination

‍We may not discriminate against you because you exercise any of your privacy rights contained in this Privacy Policy including, but not limited to:

Denying goods or services to you;
Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
Providing a different level or quality of goods or services to you; or
Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

b. Verifying Requests‍

‍You may request to exercise your rights of access, deletion, or correction by contacting us as described in the Contact Information section below. To help protect your privacy and maintain security, we will take steps to verify your identity before processing your request. If you request access to or deletion of your Personal Data, we may require you to provide any of the following information: name, date of birth, email address, telephone number, or postal address. When you make such a request, you can expect the following:

As required under applicable law, we will verify your identity. You will need to provide us with your email address and full name. We may ask for additional information if needed.
We will confirm that you want your information accessed, corrected, and/or deleted.
We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
We will respond to your request within 45 days upon receipt of your request. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
In certain cases, a request for access, correction, or deletion may be denied. For example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing Services or completing an order. If we deny your request, we will explain why we denied it and delete any other information that is not protected and subject to denial.

c. Authorized Agents

‍You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us as described in the Contact Information section below to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require:

The authorized agent to provide proof that you provided signed permission to the authorized agent to submit the request;
You to verify your identity directly with us; or
You to directly confirm with us that you provided the authorized agent permission to submit the request.

14. CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy or our privacy practices, you can contact us via: Email: support@goCanopy.com