Privacy Policy of Banister Financial, Inc.

I. INTRODUCTION

Banister Financial, Inc. ("us", "we", "our", "Banister" or "Banister Financial"), a corporation in the State of North Carolina in the United States of America, operates this website Service (as defined in the DEFINITIONS section). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

It is important that you read this Privacy Policy regarding your information and how we treat it. If you do not agree with how we use your information please do not access our website. If you continue to use our website you will be deemed to have accepted and agreed to our Privacy Policy and Terms and Conditions of Use.

II. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy was updated effective December 1, 2021. We may update our Privacy Policy from time to time. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page and supersede any prior versions governing our website, as well as any prior version that might be viewed in cache form.

III. SPECIAL NOTICE TO EUROPEAN UNION (EU) RESIDENTS

Our site is operating under United States of America law.
The EU has concluded that United States laws provide insufficient protection for your personal information. If you are an EU resident, be advised that our website is moving your information from the EU to the United States with your consent, or because of our need to use your personal information to provide appropriate products, services or information that you request from us or contract with us to provide, and subject to the additional protections detailed below.

We are not using the Service to attempt to market for or obtain business from prospective customers located outside of the United States of America.

IV. DEFINITIONS

  • Service- Service is the http://www.businessvalue.com (also http://businessvalue.com, https://businessvalue.com and https://www.businessvalue.com) website operated by Banister Financial, Inc., as well as any subdomains and associated files, directories, subdirectories and content of any kind.

  • Personal Data- Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • Usage Data- Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Cookies- Cookies are small pieces of data stored on your device (computer or mobile device).

  • Data Processors (or Service Providers)- Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)- Data Subject is any living individual who is using our Service and is the subject of Personal Data.

V. SCOPE OF OUR PRIVACY POLICY

This Privacy Policy only applies to information that we collect online through our website. It does not apply to information that we collect by other means, such as information you share with us verbally, in writing, in email messages to our professionals or employees, or to information obtained during the course of performing business valuation (appraisal), financial consulting, or other services performed by Banister for a client. This Privacy Policy also does not cover information collected by any other company, third-party site or third-party application that may link to or be accessed from our website.

VI. YOUR PERSONAL DATA PROTECTION RIGHTS

The Personal Data we hold about you is yours. You have the following rights over your information:

  1. To be informed how your data is being processed
  2. To access your data
  3. To rectify any data that is inaccurate
  4. To instruct us to delete your data
  5. To restrict our processing of your data (which includes contacting you via email) at any time. All our email communications to you will contain an unsubscribe link.
  6. To object to your data being stored
  7. To move your data

Banister Financial, Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and you want it to be removed from our systems please contact us. Contact information is provided at the end of this Privacy Policy. Please note that we may ask you to verify your identity before responding to such requests. In addition, we may require you to reimburse us for reasonable charges for the cost and expense we incur in searching for, preparing and providing such Personal Data to you.

VII. INFORMATION COLLECTED AND USED FROM WEBSITE VISITS

We collect several different types of information for various purposes to provide and improve our Service to you.

A. Types of Collected Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  1. Email address
  2. First name and last name
  3. Company name
  4. Phone number
  5. Address, City, State, Country, Province, ZIP/Postal code
  6. Cookies and Usage Data- this is discussed below

B. Usage Data

We may also collect information regarding how the Service is accessed and used ("Usage Data").

The server on which this website is hosted provides certain analytic software (AWStats and Webalizer) that provide reports on the following and related items those programs generate from the use of website server log information. These programs and similar such software platforms are provided by many web hosting providers as a standard item in their control panel to webmasters in the use and management of their website.

AWStats Statistics Regarding Website

  1. Internet protocol address (IP) of visitors to the website. This might enable the possible identification of the person visiting the site and their location, last visit to the site
  2. Robot/spider visitors and associated bandwidth used, number of hits, last visit
  3. Pages referral data
  4. Visit duration distribution
  5. File types used distribution
  6. Country location of visits to our Website, in terms of statistics such as hits, page views, bandwidth, etc.
  7. Statistics on downloads of pdf items from our site by name of download, number, bandwidth, etc.
  8. Pageview statistics in general
  9. Operating systems by type visiting Website
  10. Browser by type visiting website
  11. Connections to our site by external page
  12. HTTP status codes (for errors, etc.)
  13. Page errors

This is a very general and generic summary (not all-inclusive). For a discussion of AWStats and its various statistics go to awstats.org

Webalizer Statistics Regarding Website

  1. Internet protocol address (IP address) of visitors to the site which might enable the possible identification of the person visiting the website and their location, number of visits to the site, hits, files and kilobytes used
  2. Information, in general, on numbers of hits, files, pages, visits, bandwidth used, total unique sites, total unique urls, total unique referrers, total unique user agents, hits by response code, with reporting available either on a daily, hourly, monthly and/or annual basis depending on the item
  3. Entry page distribution and related statistics (contains hostname information that might enable the identification of a specific user)
  4. Page visit statistics in general
  5. Country location of visits to our site, in terms of statistics such as hits, page views, bandwidth, etc.
  6. Page referral data
  7. Browser type and related statistics in general
  8. Counties of visitors and related statistics in general
  9. This is a very general and generic summary (not all-inclusive) of Webalizer statistics.

AWStats and Webalizer in Use by Banister

The above and related statistics pertaining to AWStats and Webalizer are available to us on demand or an hourly, daily, monthly and/or annual basis (depending on the item). After first allowing for a reasonable time to retain such information for security purposes and other aspects related to the management of our website, we periodically delete host IP information from the AWStats and Webalizer data files that might identify a specific visitor. We do not sell this data to third parties.

Deletion of Visitor IP address Information from AWStats and Webalizer
For Historical Retention of Reports on General Website Statistics and Trends

With respect to archival reports that have been/are to be saved from those programs any data identifying the specific IP addresses of particular visitors is deleted by us and is not retained.

3. Other Possible Sources of Usage Data- Tracking and Cookie Data

In addition to the above programs, we may obtain Usage Data regarding our Website from sources such as cookies and other tracking technologies.

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies may be set by us and are called first party cookies. We may also use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. Tracking technologies that may also be used include beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

More specifically, we may use cookies and other tracking technologies (as well as the earlier noted Usage Data from AWStats and Webalizer) for the following purposes:

  1. Assisting you in navigation
  2. Assisting in registration to our events, login, and your ability to provide feedback
  3. Analyzing your use of our products, services or applications
  4. Assisting with our promotional and marketing efforts (including behavioral advertising)

4. Cookies Presently in Use:

Below are the cookies, if any, used by our website (this is updated periodically, including potentially after the effective date for the updated Privacy Policy elsewhere):

COOKIES IN USE: NONE


C. Uses of Cookie, Usage and Other Data

Banister Financial, Inc. uses any collected Usage, Cookie and other data it might collect for various purposes including:

  1. To provide and maintain our Service
  2. To notify you about changes to our Service
  3. To allow you to participate in interactive features of our Service when you choose to do so
  4. To provide information you might request from us about products or services
  5. To provide quotations to you for the possible cost of our products and services should you be interested in possibly contracting with us
  6. To enable us to provide you products and services that you contract with us to provide
  7. To provide customer support
  8. To gather analysis or valuable information so that we can improve our Service
  9. To monitor the usage of our Service
  10. To detect, prevent and address technical issues and potential security issues

D. Legal Basis for Processing Personal Data

The Banister Financial, Inc. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. Banister Financial, Inc. may process your Personal Data because:

  1. We need to perform a contract with you
  2. You have given us permission to do so
  3. The processing is in our legitimate interests and it is not overridden by your rights
  4. To comply with the law

E. Retention of Data

To the extent if any that we collect your Personal Data, Banister Financial, Inc. will retain your Personal Data for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), to comply with applicable business valuation and accrediting body standards and requirements with which we must comply, to resolve disputes, and to enforce our legal agreements and policies. In addition, data may be kept by us or destroyed as required by an order of a court of competent jurisdiction.

Banister Financial, Inc. may also retain Usage Data for internal analysis purposes, as well as to strengthen the security and improve the functionality of our Service, or if we are legally obligated to retain this data for longer time periods.

If you notify or request that we stop providing you marketing materials, we may continue to keep documentation so we can comply with your request.

F. Transfer of Data

Your information, including Personal Data, may be transferred to -and maintained on- computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we may transfer the data, including Personal Data, to the United States and process it there in accordance with the laws of the United States of America. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer. See the earlier discussion of this issue in this Privacy Policy concerning residents of the European Union.

Banister Financial, Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

G. Disclosure of Data

1. Disclosure for Law Enforcement

Under certain circumstances, Banister Financial, Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court of competent jurisdiction or a government agency).

2. Legal Requirements

Banister Financial, Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:

  1. To comply with a legal obligation
  2. To protect and defend the rights or property of Banister Financial, Inc.
  3. To prevent or investigate possible wrongdoing in connection with the Service
  4. To protect the personal safety of users of the Service or the public
  5. To protect against legal liability

H. Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

I. Service Providers

We may employ third party companies and individuals ("Service Providers") to facilitate our Service, to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

J. Google Analytics and Similar Services (Not Presently In Use By Banister)

We may choose to use third-party Service Providers to monitor and analyze the use of our Service. One example is Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. If we choose to use Google Analytics, Googles uses the data (with IP addresses anonymized) collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on this Google Analytics Out-out Browser Add-on go to Google's page at:
https://tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

In addition to this, different browsers provide different methods to block and delete cookies and other tracking technologies used by websites. You may be able to change the settings of your browser to block/delete cookies and other tracking technologies. Please consult your browser provider to ensure you are using the appropriate modifications with respect to cookies and other tracking measures.

K. "Do Not Track" Signals


We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

VIII. LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you click on a third party link you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services. If you visit a third party site, any information you provide will be subject to and governed by that site's terms of use and privacy policy and not by this Privacy Policy.

Banister Financial, Inc. is not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including accessed via links to any third-party site from Banister Financial's website. We make no representations, expressed or implied, concerning the accuracy, privacy, safety, security, or the information practices of any third-party site. The inclusion of a link to a third-party site on our website does not constitute any type of endorsement of the linked site by Banister Financial.

Banister Financial is not responsible for any loss or damage you may sustain resulting from your use of any link to a third party website, or your use of any third-party website or any information you share with a third-party website whose website site link or address information is contained on or referenced on Banister's site. Please take appropriate security steps to protect your internet device against possible misdirection of links to other than the third party site to which you believe you are going to visit and of any possible malware or theft of personal or other information that may occur from the use of links. Take steps to ensure that the site to which your device is in fact going is the real site to which you intend to go and take appropriate anti-virus, anti-malware and other appropriate precautions to protect your internet device, equipment, personal information and data in doing so. Ensure that your operating system and browser is up to date and with the latest bug and security fixes installed and with settings that are appropriate to minimize security risks.

IX. PRIVACY OF MINORS

Our Service is not directed at and is not intended to be visited by minors under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are under the age of 18 please do not visit our website or social media sites and do not send or provide us any type of personal information about yourself to Banister or our website.

X. YOUR CALIFORNIA PRIVACY RIGHTS

The California "Shine the Light Law" provides that for any California resident with whom we conduct business may request from us a list of certain personal information we may have disclosed to third parties for marketing purposes during the preceding calendar year.

XI. NO CONTRACTUAL RELATIONSHIP CREATED FOR VALUATION SERVICES

The transfer of your personal information to us does not create a contractual relationship with Banister Financial, Inc. where we have an obligation to provide you any business valuation (appraisal) or related services, or any services of any kind.
This website and Service does not provide professional services or advice of any kind and no content contained on this site is to be applied to any specific situation. See the Terms and Conditions of Use.

XII. OTHER TERMS AND CONDITIONS OF USE

Please read and review other
Terms and Conditions of Use pertaining to the use of our website.

XIII. CONTACT US:

If you have any questions about this Privacy Policy please contact Banister Financial, Inc. by mail as follows:


By mail:
Banister Financial, Inc.
1338 Harding Place, Suite 200
Charlotte, North Carolina 28204
United States of America

Attention: Privacy Inquiry

Banister Financial, Inc.

1338 Harding Place, Suite 200
Charlotte, North Carolina 28204
Phone:
(704) 334-4932

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