Privacy policy

Last Updated: September 2, 2026

Thank you for visiting us at banyanbotanicals.com!

This service (including our websites and other Sites as defined below in The Scope of this Policy and collectively, our “Services”) is operated by Pearl Banyan Capital LLC, d/b/a Banyan Botanicals and its affiliated companies (collectively, “Banyan Botanicals” or “us”, “our,” “we” and related terms), a New Mexico limited liability company with its principal office in Albuquerque, NM.

We are committed to respecting the privacy rights of all individuals, wherever located and have adopted this privacy policy (“Privacy Policy”) to explain how we collect and process your Data as defined below through your use of and interaction with our Sites and Services, how we share (or do not share) any of your Data, how we store and keep secure any of your Data, how you can update and control any of your Personal Data, the rights you may have with regard to your Data, and other information relevant to your privacy.

Please review this Privacy Policy carefully, and please use the information herein to make informed choices. If you have any concerns or questions about our privacy practices, please feel free to contact us. By accessing any of our Services, including accessing any information on our Sites, or our Sites, and/or by registering for any of our Services and/or purchasing any of our Products (as defined below), you are agreeing to all of the terms set forth in this Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE ANY OF THE SITES OR SERVICES OR GIVE US ANY OF YOUR DATA. YOUR CONTINUED USE OF ANY OF THE SITES AND/OR SERVICES MEANS THAT YOU AGREE TO THIS PRIVACY POLICY.

1. The Scope of this Policy 

A. Scope: This Privacy Policy applies to our website (www.banyanbotanicals.com); to our “backend” hosted applications that are a part of our service platform; and to all data and/or information that is collected via our websites, applications and mobile applications. For the purposes of this Privacy Policy, we refer to our websites, and applications (collectively as our “Site,” “Website”, “Sites” or “Websites”). This Privacy Policy applies to all Site visitors (“Users”), as well as to all Site visitors that purchase products (“Products”) or use the Services as a guest or as a registered customer (“Customers”). “Services” include the Dosha Quiz and creation of the Ayurvedic Profile and all informational content provided on the Site. While certain portions of our Sites can be viewed without registering, Site users will have to register (create an account directly on our Site) in order to access some of our secure proprietary applications and certain features of our Services. Customers are able to request user accounts for their employees/agents or third-party guest users (“Authorized Users”) to provide access to secure areas of the Sites. Customers are responsible for managing the activity of all Authorized Users, and for how the Sites are used by their Authorized Users. 

B. Changes: We may make changes to this Privacy Policy from time to time, and any material changes that we make will be posted (in the form of an updated Privacy Policy) on our Sites. Such policy updates will be effective when they are posted unless prohibited by law in which case, we will comply with applicable law prior to making changes to this Privacy Policy. Accordingly, please review the terms of this Privacy Policy on a regular basis to understand the current terms.

C. Terms of Use: In addition to the terms of this Privacy Policy, your use of the Sites is subject to our Terms of Use, which can be found at https://www.banyanbotanicals.com/policies/terms-of-service

2. Third Party Features, Links and Privacy Policies

The Sites may include service features and augmentations operated by other companies that are not our Service Partners, but which provide features that we believe Users may appreciate, such as social media widgets, links to third-party websites, advertisements and other third-party content (“Third-Party Features”). Users who choose to access any Third Party Features, must understand the following: (1) we do not operate, control or monitor Third-Party Features, and these features are subject exclusively to the privacy policies of the companies that operate them; (2) this Privacy Policy does not apply to information collected by any third party, including through any Third Party Features; and (3) we are not responsible for the privacy practices, the placement of cookies on your computer by any third party, or any content you may encounter via Third Party Features. Users who decide to access any Third Party Features, should read the privacy policy of each linked website to understand the privacy practices that apply to those features. Customers may create an account on our Site to purchase Products offered through the Sites.

3. The Types of Information That We Collect, and How We Collect It

To provide our Services, we collect data which are not personally identifiable (“Anonymous Data”) and also data that, either alone or in conjunction with other data, could be used to identify an individual or household (referred to as “Personal Data”). Collectively, Anonymous Data and Personal Data are referred to herein as “Data”. Data may be collected in the following ways:

A. Account and Transaction Data: We collect Personal Data that is provided to us voluntarily either via direct communications (e.g. email) or through our Sites, such as when a User registers for our Services, including without limitation taking the Dosha Quiz, creating an Ayurvedic Profile, providing subscription information, providing comments or reviews, viewing pages on the Site, logging into the Site, placing Products in their online shopping cart and ordering Products on the Site. Information provided through the voluntary Dosha Quiz is used solely to generate your Ayurvedic Profile, provide tailored lifestyle and educational content, and recommend relevant Products. We use Account Data to provide our Services to you; and we may also use Account Data to contact Customers and/or Users for limited marketing or product communication purposes (subject to the provisions herein). The Data collected include common categories of contact information (e.g. name, email address, telephone number, username, password and zip code), and may also include certain account administration information (e.g. invoice and shipment information), your purchase history, information about items in your online shopping cart when you place an order with us online or place product in your online shopping cart, and any payment information related to purchases made on our site.

B. Site Usage Data: We collect certain Site/Service utilization data through the use of tracking technologies (including cookies, as detailed below) and the Data collected can include both Anonymous Data (e.g., how a Site is used) and Personal Data. We refer to this data as “Site Usage Data.” We use these Site Usage Data to understand how our Sites and Services are used, to improve our Sites and Services, and to protect the integrity and security of our Sites and Services and to track User behavior. Site Usage Data include:

1. Device data. Information about the computer or mobile device you use to access the Sites. This may include technical information transmitted by your device such as the browser used, the device model and operating system, language preference, device location, unique device identifiers, and the Internet Protocol (IP) address through which you accessed the Site.

2. Site Use Activity. Information regarding your activity on the Sites such as the time and frequency of access, a referrer page domain, pages viewed, and interactions between the User and the Sites.

If your device settings allow us, we may also collect information about your location or geolocation information when you use our mobile application. For more information about how you can control the collection of local information and to set your preferences, please see “Your Choices” below.

C. Other Information You Choose to Provide: We collect information you choose to provide, such as your contact and marketing preferences, brand and merchandise interests, and communications and interactions (which may include email messages, chat sessions, text messages or phone calls with you) when you sign up for emails and marketing, participate in a survey, promotion or interactive area of a Site, or when you request technical or customer support or contact us. This includes information you provide when you interact with our AI messaging agent, TulsiBot, as described in Section 7 below.

D. Information We Collect from Social Media Platforms: We may obtain information about you from social media platforms that you use in connection with our Sites or when using our Services, or that share or allow you to share information with us, such as Facebook, Twitter, Youtube, and Instagram. For example, if you post content to feeds on third-party social media sites or use social media platforms in connection with the Sites, if you use credentials (e.g., username and password ) from a third party site to create or log into your account on the Sites, or if you like us or follow us on social media platforms, we may collect the information that you share with us, or that those social media platforms share with us in accordance with their privacy policies and privacy settings. For more information about social media platform privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use. You may update your privacy settings on each social media platform directly.

If we combine Personal Data with Anonymous Data, the combined information will be treated by us as Personal Data for as long as it remains combined.

4. Cookies and Other Automated Tracking Technologies 

We may use cookies (small text files placed on your web browser or device) in connection with our Sites; and we may analyze the information derived from these cookies for the same purposes as set forth elsewhere in this Privacy Policy. You may be able to limit the use or function of some cookies on your computer or mobile device in the manner described below. 

We may use the following types of cookies on the Sites: 

A. “Convenience” cookies: These cookies can store ‘persistent’ information like registration information for use on later visits to the Sites. You may be able to configure your browser to block/delete these cookies; but if you do, you will have to (e.g.) input the account-related information every session.

  • You may have the option to opt out of convenience cookies (if applicable) when you visit our Sites.

  • If you do not opt out, and you would like to delete any account information we may store via convenience cookies, you can take the following actions: (1) you can delete your cookies (via your browser); and/or (2) you can reach out to us as specified in this Privacy Policy.

B. “Analytics” Cookies: Cookies which help us to determine usage patterns of our web pages by collecting information about how visitors use our Site.

More specifically, we use a tool called Google Analytics and analytics tools from Klaviyo and Microsoft (“Other Analytics Providers”) for aggregated and anonymized website traffic analysis. In order to track your session usage, Google or the Other Analytics Providers place a cookie with a randomly generated Client ID number in your browser. This ID number is anonymized and contains no identifiable information like email, phone number, name, etc. Google and the Other Analytics Providers also have access to your IP address and may have access to Personal Data. In addition, Google and the Other Analytics Providers may install additional cookies (e.g. Google fonts, Google tag manager). We use Google Analytics and the services of the Other Analytics Provider to track aggregated website behavior, such as what pages you looked at, for how long, and so on. This information is important to us for improving the user experience and determining site effectiveness. To learn more about our use of Google Analytics and what Google Analytics does, please see How Google uses information from sites or apps that use Google services. You can opt-out of Google Analytics here and to learn more about how to safeguard your information, click here. To learn more about our use of the services of the Other Analytics Providers and what they do with your information and if you can opt-out of their services, please see their websites in section 5(e) below.

If you would like to understand or limit what Google Analytics-derived browsing information we may have and/or want to delete any Google Analytics data, you can take the following actions: (1) you can delete your cookies (via your browser); (2) you can reach out to us as specified in this Privacy Policy, and/or (3) you can install the Google Analytics Opt-Out Browser Add-On (https://tools.google.com/dlpage/gaoptout). Although Google Analytics plants a permanent cookie on your web browser, which can identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser and/or by opting out of Advertising Personalization from your Google Account settings. If you would like to understand or limit what information the Other Analytics Providers may have, please review their privacy policies set forth in Section 5(e) below.

C. “Necessary” Cookies: These cookies are essential for you to browse a website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies. These cookies also help keep track of when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

D. “Third-party” Cookies: These cookies are set by other online services that run content on the page you view on your browser. For example, if you click on a Facebook "like" button, the underlying code may store a cookie on your computer that can later be accessed by Facebook and may be able to track other sites that you visit.

E. Web Beacons: We may also collect information using Web beacons, which are small images embedded into websites or emails that send information about your computer, mobile phone, or other device when you visit our Sites, use our mobile application, or open an email we send to you.

Please see “Your Choices” below to manage the use of these Cookies. 

5. How We Use the Data that We Collect

We use Data in the manner described in this Privacy Policy. We use such Data to:

A. Provide Products and Services to You: We use it to provide the Services to you, facilitate account creation and one-click orders, provide memberships and subscriptions, provide maintenance and support (including by sending you confirmations, related transactional, communications, security alerts, support and administrative messages), and to improve our Services and the Sites. We also use anonymized, de-identified and aggregated data and non-anonymized, de-identified and non-aggregated data generated by the Services to provide insights to our customers.

B. Further Our Business Purposes: We use it to operate, improve upon and expand our business and lawful business activities; to maintain our programs, accounts, and records; for research; to detect and prevent fraud or misuse of our Services; and for any other business purpose that is permitted by law.

C. Customize and Enhance Your Experiences with Us: We use it to remember and categorize your interests and preferences; customize the products and services we share with you through direct marketing; communicate with you about the Sites, Services, products, offers, promotions, surveys, events and other news and information we think may be of interest to you and contact you for feedback. We also may also use Google or Facebook to create a survey to collect data from Users.

D. Respond to You: We use it to respond to you, such as when you place an order, call us, make a request or inquiry, complete a survey, or share a comment or concern. 

E. Engage with Service Partners: We may share certain Data with third party service partners that are under contract with us and which perform Site-related functions on our behalf (“Service Partners”). Service Partners, who perform services for us, may access or use your Personal Data, include certain cloud-based service providers (listed below and that may be subsequently added) that provide aspects of the Sites’ functionality (e.g. application hosting, cloud-based storage) other technology service providers and third parties that furnish us with products and services and provide services such as shipping, advertising, marketing, analysis, fulfillment, payment processing and other services for us, including the following:

All usage of the Sites will be subject to the privacy policies and terms of use maintained by the applicable Service Partners. If you object to the privacy practices of any Service Partners, please inform us, and please do not use the Sites or our Services. 

F. For Legal Purposes. We also reserve the right to disclose Data or any information submitted via Sites if we have a good faith belief that disclosure of such information is reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent, monitor or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) establish or exercise our rights to defend against legal claims;(v) prevent harm to our rights, property or safety (or the same interests of our Users or any third party); (vi) to notify you of any product recalls or other safety concerns; or (vii) for any other legal purpose. 

G. Marketing, Advertising, and Analytics Partners: We may share certain Personal Data and Site Usage Data (such as IP addresses, browsing activity, shopping cart interactions, and device identifiers) with third-party advertising platforms, ad networks, and marketing service providers (including, but not limited to, Meta, Google, Pinterest, Klaviyo, Arcady, Shopify, and iHeartMedia). These partners use this information to serve personalized advertisements across the internet and social media platforms, measure ad campaign performance, track interests over time, and build lookalike audiences.

H. Selling, Sharing, and Targeted Advertising Disclosures: We do not sell your Personal Data for monetary compensation. However, under certain US state privacy laws (including California, Virginia, Texas, and others), our use of third-party cookies, tracking pixels, and data sharing with advertising partners for cross-context behavioral advertising or targeted advertising may be legally classified as "selling" or "sharing" Personal Data. Except for disclosures made to our Service Partners for operational processing, analytics, and targeted advertising as described above, we do not sell, rent, or lease your Personal Data to unrelated third parties for their independent commercial use. We do not sell or share phone numbers or opt-in consent collected for our SMS text messaging campaigns with any third parties for marketing purposes unrelated to providing you with the services of that specific campaign.

Your Right to Opt-Out: You have the right to opt-out of the "sale," "sharing," or use of your Personal Data for targeted advertising. To exercise this right, you may click the "Do Not Sell or Share My Personal Information" or "Cookie Preferences" link located in our website footer or enable a recognized Global Privacy Control (GPC) signal on your browser.


Please see Section 8, “Your Choices” for information about the choices you have about the sharing of your Data. 

6. How Long We Keep Your Information

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than three (3) months past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. How We Use AI Agents (like TulsiBot) and the Data that They Collect

  • Our AI Agent TulsiBot: We use an AI-powered virtual assistant, TulsiBot, to provide immediate support, answer your questions, and help you find information on our website. Our sole purpose in using TulsiBot is to enhance your customer service experience by resolving your inquiries efficiently and effectively.

  • Information TulsiBot Collects: When you interact with TulsiBot, we collect the information you voluntarily provide, such as your name, email address, and order details. We also collect and process the text of your conversations with TulsiBot.

  • How We Use TulsiBot Data: The information collected by TulsiBot is primarily used to understand your questions and provide accurate, relevant, and timely responses. We analyze aggregated and anonymized conversation data to improve TulsiBot’s performance and enhance the overall quality of our customer support. If TulsiBot is unable to resolve your query, or if you request it, your conversation may be transferred to a live customer service agent, who will be provided with the relevant portions of your chat history to ensure a seamless transition.

  • How We DO NOT Use TulsiBot Data: We do not use the information collected by TulsiBot for direct marketing, targeted advertising, or to create personal profiles for purposes other than assisting with your immediate request. We do not sell, rent, or share this data with third parties for their independent commercial purposes. We do not use your individual conversation data to train publicly available AI models; any data used for internal model improvement is subject to strict anonymization and aggregation processes.

  • Data Retention: We retain conversation data collected by TulsiBot only as long as necessary to fulfill the purposes for which it was collected, including for providing ongoing support, improving our services, and complying with legal obligations. Once no longer needed, this data is securely deleted or anonymized.

8. Your Choices 

A. Targeted Advertising & Cookie Preferences: You can opt out of targeted advertising cookies and third-party data sharing directly on our site at any time by clicking the "Cookie Preferences" link in our footer, using our floating Consentmo widget, or enabling a recognized Global Privacy Control (GPC) signal on your browser.

Additionally, you may opt out of receiving targeted ads from participating industry ad networks by visiting the Digital Advertising Alliance (DAA) Consumer Choice Page at optout.aboutads.info. Please note that industry opt-outs are browser- and device-specific. See Section 5(H) for full details on your state privacy rights.

B. Analytics Opt-Outs: To opt out of Google Analytics across browsers, you may install the Google Analytics Opt-Out Browser Add-On. To manage preferences or opt out of tracking from our other analytics partners (such as Klaviyo or Microsoft Clarity), please review their respective privacy notices linked in Section 5(E).

C. Cookies and Cookie Preferences: We use a geotargeted Consent Management Platform (CMP) provided by Consentmo to manage cookie preferences and automated tracking based on your jurisdiction:

  • Opt-In Regions (e.g., European Economic Area, United Kingdom, Canada): Non-essential cookies, analytics, and advertising tracking pixels (such as Meta, Google, and Pinterest) are disabled by default until you give explicit affirmative consent via our cookie banner.

  • Opt-Out & General Regions (including the United States): Depending on local law and site configurations, analytical and operational cookies may be active by default. Where permitted by law, you may adjust your preferences, manage cookie categories, or opt out of targeted advertising at any time using the "Cookie Preferences" link or widget on our website, or by transmitting a recognized Global Privacy Control (GPC) signal.

You may update, change, or withdraw your cookie choices at any time by clicking the floating cookie widget or the "Cookie Preferences" link located in our website footer.

D. Social Media: You can adjust your privacy settings directly within the third-party social media platforms you use (e.g., Meta, Pinterest, Instagram, TikTok) to control what information is shared with us or linked to your account.

E. Email Communications: You may opt out of promotional e-blasts and newsletters by following the "unsubscribe" instructions at the bottom of any marketing email you receive from us or by contacting us directly. Even if you opt out of promotional emails, we will still send you non-promotional, transactional communications regarding your orders, subscriptions, or customer service requests.

F. Phone / Text / SMS Information: You may opt out of receiving promotional SMS/text messages at any time by replying "STOP" to any text message you receive from us or by contacting us. For more details on how we protect your mobile opt-in data, see Section 5(H).

G. Location Information: If you use our mobile application or mobile site, you can stop the collection of precise geolocation information at any time by adjusting the location settings on your mobile device.

H. Account Information: You may update, correct, or request deactivation of your account information at any time by emailing us at info@banyanbotanicals.com. Note that we may retain certain account data as required by law or for legitimate business purposes. When you request account deletion, we will delete or anonymize your personal information from our active databases, subject to applicable legal exceptions. Please note that we may retain certain information as required or permitted by law, including transaction records, order history, and invoice details necessary for tax, accounting, audit, fraud prevention, and regulatory compliance obligations, or to maintain operational backup archives.


9. Measures Adopted by Banyan Botanicals to Protect Privacy Interests

A. Data Inventory/Mapping: We have assessed our data practices and systems to assure that we understand the Personal Data that may be collected via our Sites and how it may flow through our Services and technology platform. We prioritize privacy concerns in the design phase of all new features for our platform. 

B. Data Retention: We only collect and process Personal Data that we need to perform the Services or as otherwise described in this Privacy Policy. We have not adopted policies that require us to delete or anonymize all data that are no longer required for the performance of the Services. Customers can contact us if they want their Personal Data deleted and we will delete it. 

C. Security of Data and Processing: We have implemented measures that are designed to limit access to Personal Data to authorized individuals and to prevent the loss or corruption of data. We have implemented commercially reasonable data security technologies designed to preserve the security of all Personal Data collected and/or processed on our platform, including encryption for all such Personal Data in transit when applicable except for metadata and photos which are publicly accessible. 

Please understand, however, that no security system is impenetrable or perfectly secure. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. As a result, you use the Sites at your own risk. When registering with us on the Sites, we encourage you to choose passwords of sufficient length and complexity, install the latest security updates and anti-virus software on your computer to help prevent malware and viruses, not share your password with others, and review your account information periodically. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, please contact us using the contact information provided above. 

10. Users in the United States

A. Through this Privacy Policy, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, you may contact at Banyan Botanicals, 6705 Eagle Rock Ave. NE, Albuquerque, NM 87113 or via email at info@banyanbotanicals.com. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with internet access and an email account. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by texting “STOP” in response to a text message you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations. 

B. Opt-Out Preference Signals & Global Privacy Control (GPC): While traditional browser "Do Not Track" (DNT) signals lack uniform technical standards across the industry, our website automatically recognizes and honors universal opt-out preference signals, such as the Global Privacy Control (GPC), where required by applicable law. When our Consent Management Platform (Consentmo) detects a valid GPC signal transmitted by your browser or browser extension, we treat it as a valid request to opt out of the "sale" or "sharing" of your personal information and third-party targeted advertising cookies for that browser and device.

C. Notice to California, Nevada, and Utah residents. We disclose a User’s Personal Data to the following third parties: Service Partners listed above for such third-party's direct marketing purposes. 

D. Depending on your United States state of residence, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

  • Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.

  • Right to Delete: You may have a right to request that we delete personal information we maintain about you.

  • Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.

  • Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

  • Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.

  • Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.

  • Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.

You may exercise any of these rights by contacting us using the contact info below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

11. Other Terms 

A. Transfer of Assets: If another entity acquires us or acquires all (or substantially all) of our assets, the Data in our platform will be transferred to and used by this acquiring entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be sold or transferred to third parties.

B. Minors and Privacy: The Sites and Services are not directed toward, or intended for use by, individuals under age 18. We do not knowingly collect information from anyone under age 18. If you are under the age of 18, please do not use the Sites and do not register with, order or purchase from, or provide any Personal Data to, us. If we find out that we have collected information from a minor under age 18, we will take all commercially reasonable steps delete that information immediately. If you are under the age of 18, you should use the Sites only with the involvement of a parent or legal guardian and should not submit any Personal Data to us.

C. Third Party Sites and Links: We are not responsible for the privacy practices and/or security practices employed by any third-party websites or service, including but not limited to any such sites or services that may be linked to or referred to in any way on the Sites. 

D. International Users and Cross-Border Transfers: Our Services are operated primarily from the United States, but we offer and ship our Products to customers internationally across various jurisdictions worldwide. If you access or use our Sites or Services from outside the United States, you acknowledge and agree that your Personal Data will be transferred to, stored, and processed in the United States and other jurisdictions where we or our third-party Service Partners operate (including through Shopify's global cloud network and infrastructure).

By accessing our Sites, placing an order, or providing us with any Personal Data, you acknowledge this transfer, processing, and storage. Please be aware that privacy laws and data protection standards in the United States may differ from, or provide different levels of protection than, the laws of your home country or region.

E. If you are a user from a country outside the United States, and you choose to access the Sites, you are deemed to consent to the transfer of any Personal Data you disclose from the country from which you reside or from which you access the Sites to United States, as allowed by law. 

F. Do Not Track: Some web browsers may transmit “Do Not Track” signals to websites visited by the user. The Sites may not respond to web browser-based “do not track” signals. Understand that by turning off some tracking functions, you may not have full access or functionality to our Sites and Services. 

G. Biometric ID Processing: We do not use any technologies (e.g. face recognition) that are designed to identify an individual based on data (e.g. photographs, videos) collected/processed by the system. 

H. Accessibility: We strive to assure that our Sites are accessible. If you experience any difficulty in accessing any part of the Sites or this Privacy Policy, please contact us immediately.

I. California Residents- YOUR PRIVACY RIGHTS: If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law permits our users who are California residents to request and obtain from us, twice a year and free of charge, information about categories of personal information, if any we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal data in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to use using the contact information provided below. Please allow up to 45 days for a response.

J. Security. We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Data. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Services and provide us with your information at your own risk.

K. Severability and Enforceability. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

12. Additional Information for Users in the EEA, UK, and Switzerland

If you are located in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, the following additional disclosures apply to our processing of your Personal Data under applicable data protection laws, including the General Data Protection Regulation (EU GDPR), UK GDPR, and Swiss Federal Act on Data Protection (FADP):

A. Data Controller: Pearl Banyan Capital LLC, d/b/a Banyan Botanicals, is the Data Controller responsible for your Personal Data collected through our Sites and Services.

B. Legal Bases for Processing: We collect and process your Personal Data only when we have a valid legal basis, including:

  • Contractual Necessity: To fulfill, process, and ship your Product purchases, manage AutoShip subscriptions, and provide Customer Service.

  • Legitimate Interests: To operate, secure, and improve our Sites, prevent fraud, analyze business trends, and deliver efficient customer support.

  • Consent: To send direct email and SMS marketing communications, process non-essential cookies and ad tracking pixels via Consentmo, and collect data through voluntary wellness features like our Dosha Quiz. You may withdraw your consent at any time.

  • Legal Obligation: To comply with tax, accounting, and regulatory compliance obligations.

C. Your Data Subject Rights: Subject to applicable law, you have the following rights regarding your Personal Data:

  • Right to Access & Portability: Request a copy of the Personal Data we hold about you in a structured, commonly used format.

  • Right to Rectification: Request that we correct inaccurate or incomplete Personal Data.

  • Right to Erasure ("Right to be Forgotten"): Request that we delete your Personal Data, subject to certain legal retention requirements.

  • Right to Restrict or Object: Object to or restrict our processing of your Personal Data under certain circumstances (such as direct marketing).

  • Right to Withdraw Consent: Where processing is based on consent, withdraw your consent at any time without affecting the lawfulness of processing prior to withdrawal.

To exercise any of these rights, please contact us at info@banyanbotanicals.com.

D. International Transfers: Personal Data collected in the EEA, UK, or Switzerland is transferred to servers located in the United States and Canada (via Shopify’s global cloud infrastructure and our US operations). We ensure such cross-border transfers comply with European data protection laws by relying on appropriate legal safeguards, including Shopify’s Data Processing Addendum (DPA), standard contractual clauses (SCCs), and applicable frameworks such as the EU-U.S. Data Privacy Framework and its UK Extension.

E. Right to Lodge a Complaint: You also have the right to lodge a complaint with your local supervisory Data Protection Authority (DPA) if you believe our processing of your Personal Data violates applicable privacy laws.

13. Contact Us

If you have any questions about this Privacy Policy, our Sites and/or Services, you can contact us at:

Banyan Botanicals
6705 Eagle Rock Ave, NE
Alburquerque, NM 87113

info@banyanbotanicals.com
800-953-6424