Privacy Statement - BanyanLink.com

Overview
BanyanLink, LLC, is committed to respecting the privacy of our users. We strive to provide a safe, secure user experience. This Privacy Statement sets forth the online data collection and usage policies and practices that apply to the BanyanLink Web Site and any Web Sites of Affiliated companies (sometimes referred to herein as either "BanyanLink" or the "BanyanLink Sites").

Your data will be stored and processed in whole or in part in the United States. The information we gather on the BanyanLink Sites may be shared within the BanyanLink-Affiliated companies on a worldwide basis in order to deliver the products and services we offer. "Affiliated companies" means entities that control, are controlled by or are under common control with BanyanLink, LLC. The information we collect may also be shared with third parties as further described in this Privacy Statement.

The BanyanLink Sites contain links to other Web sites over which we have no control. We are not responsible for the privacy policies or practices of other Web sites to which you choose to link from our Sites. We encourage you to review the privacy policies of those other Web sites so you can understand how they collect, use and share your information.

Collection and Use of Information by BanyanLink
In some areas of BanyanLink, we request or may request that you provide personal information, including your name, address, e-mail address, telephone number, credit card number, contact information, billing information and any other information from which your identity is discernible (referred to herein as "Personal Information"). In other areas, we collect or may collect demographic information that is not unique to you, such as your ZIP code, age, preferences, gender, interests and favorites (referred to herein as "Demographic Information"). Examples of areas on the BanyanLink Sites where we collect Personal Information and/or Demographic Information are pages where you can open a BanyanLink account, sign up to use a service, post a Profile, enter a contest or purchase a product. All billing is subject to employer users of BanyanLink only. The BanyanLink services are free to student members, university staff, university administration, or university career centers.

We also gather or may gather certain information about your use of BanyanLink, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include, without limitation, your IP address, browser type, domain names, access times and referring Web site addresses (referred to herein as "Technical Information"). We also collect and aggregate data regarding our registered users (referred to herein as "Aggregated Data"). The Technical Information and Aggregated Data that we collect is not linked to your Personal Information.

We may sometimes afford you the opportunity to provide descriptive, cultural, behavioral, preferential and/or life style information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Privacy Statement. For example, such information may be used for the purpose of determining your potential interest in receiving e-mail or other communications about particular products or services.

If you choose to use our referral service to tell a friend about the BanyanLink Sites or refer a job posting to a friend, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the BanyanLink Sites or view the job posting.

Our Use of Your Information
We use all of the information we gather on BanyanLink for the purpose of operating and improving the BanyanLink Sites, fostering a positive user experience, and delivering the products and services that we offer.

If you have provided consent for us to do so, we may also use the information we gather to inform you of other products or services available from us or our Affiliated companies.

We may use your contact information in order to send you e-mail or other communications regarding updates at the BanyanLink Sites, to contact you about your opinion of current products and services or potential new products and services that may be offered. We may also provide additional communications, promotions and information which may be of interest to you. The nature and frequency of these messages may vary depending upon the information we have about you.

In addition, you may receive free informational newsletters from us relating to topics that may be of special interest to you, such as updates to the BanyanLink Sites.

We have areas on the BanyanLink Sites where you can submit feedback. Any feedback you submit in these areas becomes our property, and we can use such feedback (such as success stories) for marketing or other purposes or to contact you for further information.

Choices Regarding the Disclosure of Personal Information to Others
We do not disclose your Personal Information to third parties except as set forth below.

1. We disclose your Personal Information to third parties if you consent to such disclosure. For example, if you indicate that you would like to receive information about the opportunities, products or services of third parties at the time you register for a BanyanLink account, we supply your contact information to third parties such as employers, recruiters, data aggregators, marketers or others for the purpose of sending you e-mail or otherwise communicating with you. We use data we have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third-party.
2. We disclose information to companies and individuals we employ to perform functions on our behalf. Examples include hosting our Web servers, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies and individuals will have access to your Personal Information as necessary to perform their functions, but they may not share that information with any other third party.
3. We also allow employers, recruiters, hiring managers, headhunters, human resource professionals and other authorized parties to search data about you in our searchable Profile database, which information may include GPA, course work, work experience, etc. if you have specified so in your privacy setting.
4. We disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our Affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
5. We disclose and transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event we become the subject of a bankruptcy proceeding, whether voluntary or involuntary, we or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. You will be notified of sale of all or a substantial portion of our business to a third party via email or through a prominent notice posted on the BanyanLink Sites.

If you have a BanyanLink Profile, other users or members of BanyanLink may access your Profile, however, they will not have access to your contact information or other information if you choose not to display such information in your BanyanLink public Profile.

Other Uses of Information
We also share Aggregated Data about visitors to BanyanLink (for example, the number of visitors to BanyanLink) with third parties so that they can understand the kinds of visitors to the BanyanLink Sites and how those visitors use the BanyanLink Sites. In addition to Demographic Information, Aggregated Data may include data regarding job qualifications, schooling, age, experience level or other information relevant to the job search or competition among seekers for any such job. Such data may be made available to employers or fellow job seekers. The Aggregated Data remains anonymous and does not reveal any Personal Information about any individual BanyanLink user.

We supply technology, hosting and related services to other leading companies to power recruitment areas on their Web sites (sometimes referred to as "Hosted Career Sites"). Personal and/or Demographic Information supplied by you in Hosted Career Sites may be collected by BanyanLink and the other company, in which case the use of such information by the other company will be subject to the privacy policy of that company. We are not responsible for that company's use of your Personal or Demographic Information.

Personal Information and Profiles
We attempt to limit access to our searchable Profile database (or copies thereof) only to employers, recruiters, hiring managers, headhunters, human resource professionals and other authorized parties, as well as law enforcement and national security agencies, but cannot guarantee that other parties will not gain access to this database. We are not responsible for the use made of Profiles by third parties who access such Profiles. However, the portions of your searchable Profile that are made public in your BanyanLink Profile are accessible to anyone who uses the BanyanLink service. You may remove your Profile on BanyanLink or delete your Profile on BanyanLink at any time, but, employers, recruiters and others who have been provided with access to the BanyanLink Profile database or the BanyanLink services, as well as parties who have otherwise gained access, may have retained a copy of your Profile in their own files or databases. We are not responsible for the retention, use or privacy of Profiles in these instances.

Posting to Public Areas of BanyanLink
Please remember that if you post any of your Personal Information in public areas of BanyanLink, such as in online forums or chat rooms, or in the BanyanLink searchable Profile database, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of BanyanLink.

Use of Cookies
We use "cookies" to help personalize and maximize your online experience and time online. A cookie is a text file that is placed on your hard drive by a Web page server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer, and can only be read by a Web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize BanyanLink pages, or register for services, a cookie helps us to recall your specific information (such as user name, password and preferences). Because of our use of cookies, we can deliver faster and more accurate results and a more personalized site experience. When you return to BanyanLink, the information you previously provided can be retrieved, so you can easily use the features that you customized. We also use cookies to track click streams and for load balancing.

You may have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline all cookies if you prefer. Alternatively, you may be able to modify your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. If you choose to decline cookies, however, that may hinder performance and negatively impact your experience on BanyanLink.

Use of Web Beacons
BanyanLink Web pages may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your Personal Information; they are a technique we use to compile aggregated statistics about our Web site usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides.

You may not decline web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

Access to and Modification of Your Information
You may review, correct, update or change your BanyanLink account or Profile at any time. From your BanyanLink account you may also opt out of receiving newsletters and certain other information from BanyanLink.

To change your BanyanLink account information, simply click the "edit my account" link at the top of the page. To change your BanyanLink Profile, simply click the "edit my profile" link at the top of each tab in your profile. To change your BanyanLink billing account information, simply click the "account settings" link (For Employers Only). If you opted to receive newsletters, commercial e-mails or other communications from BanyanLink or third parties at the time you created a BanyanLink account, but subsequently change your mind, you may opt-out by editing your BanyanLink Account Profile as described above. If you previously opted not to receive such communications, you may later opt-in by editing your BanyanLink Account Profile as well.

We may retain indefinitely all the information we gather about you in an effort to make your repeat use of BanyanLink more efficient, practical, and relevant. Of course, you can delete your Profile from BanyanLink's online database and close your BanyanLink account, in which event we will remove all our copies of your Profile from BanyanLink, your BanyanLink account information and remove your BanyanLink Profile and account information, except for an archival copy which is not accessible on the Internet.

Security of the Personal Information
We have implemented commercially reasonable technical and organizational measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Personal Information for improper purposes.

When you place an order online at BanyanLink, your credit card information is protected through the use of encryption, such as the Secure Socket Layer ("SSL") protocol. SSL makes it difficult for your credit card information to be intercepted or stolen while being transmitted. We use a service company to process its credit card transactions.

Children
The BanyanLink Sites are not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16.

Changes to Privacy Statement
If we decide to materially change our Privacy Statement for BanyanLink, we will post those changes through a prominent notice on the web site so that you will always know what information we gather, how we might use that information, and to whom we will disclose it.

If at any time, you have questions or concerns about this Privacy Statement or believe that we have not adhered to this Privacy Statement, please feel free to email us at privacystatement@BanyanLink.com We will use commercially reasonable efforts to promptly answer your question or resolve your problem.

Contact Information
BanyanLink is the name under which BanyanLink, LLC, a Delaware corporation, does business. BanyanLink, LLC is the legal entity which determines the purposes and means of processing the information gathered at the BanyanLink Sites. Please direct all inquiries to info@banyanlink.com.

Thank you for using BanyanLink.

Update effective March 27, 2008.