PRIVACY POLICY
Version 2.0
Last Modified: Apr 30, 2025
This Privacy Policy applies to your use of lightrailsites.com and all related software (the “Services”). This Privacy Policy is effective as of the Last Modified date above.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Banyan Theory, LLC, a Kansas limited liability company. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business. “Website” means one or more of your websites within the Services.
By using the Services, you are agreeing to this Privacy Policy. If you are using the Services on behalf of a business entity, then you represent that you are authorized to use the Services on behalf of that business and you are agreeing to this Privacy Policy on behalf of both you and that business. If a third party, such as a marketing agency, uses the Services to create or manage a website on you/your business’ behalf, then you are deemed to have accepted this Privacy Policy through the third party’s actions. By having a website or any service created, managed, or maintained through the Services, you agree to be bound by this Privacy Policy as if you had directly accepted it.
If you do not agree to this Privacy Policy, then you may not use the Services.
Terms of Service
Our Terms of Service are available at lightrailsites.com/terms-of-service (the “Terms of Service”). The Terms of Service applies to your use of the Services.
Information We Collect
Anonymous Data
If you use the Services, then we may collect Anonymous Data from you. “Anonymous Data” means information which is not personal in nature, and which does not identify you as a specific individual or business.
Personal Data
If you use the Services, then we may collect Personal Data from you. “Personal Data” means the following types of information:
Basic Information: Your name, business name, address, email address, phone number, photos, videos, and similar types of information.
Account Information: Usernames, passwords, security questions, and similar types of information.
Payment Information: Payment information including credit/debit card numbers, account numbers, and similar types of information.
Information We Collect Automatically: We may collect information about you automatically, including your IP address, operating system, browser ID, browsing activity, time stamps, site navigation, button clicks, and similar types of information. We may also use and/or collect cookies and other types of data files (such as web beacons and cookie-equivalent technology), some of which may be stored on your computer or electronic device for use when you use the Services.
Customer Data
We may collect your Customer Data if you submit it to us through the Services or through another communication channel. “Customer Data” has the meaning assigned to it in our Terms of Service (and generally means content such as text, photos, videos, etc.).
Website User Data
We may collect Website User Data from your Website. “Website User Data” means information about internet users who use your website, including website traffic data and information such users may submit to your Website.
Sensitive Personal Data
We do not intend to collect your Sensitive Personal Data and you should not submit Sensitive Personal Data to us. “Sensitive Personal Data” means information which is more sensitive and private than the types of information described above.
How We Use Your Information
Aggregated Data
We may aggregate your Personal Data and your Customer Data with information we have about other users, individuals, and business, for the purpose of converting it into Anonymous Data. Once converted into Anonymous Data, we may use that Anonymous Data as provided in this Privacy Policy.
Anonymous Data
We may use Anonymous Data for any purpose not otherwise prohibited by applicable law, without your consent, without providing notice to you, and without providing compensation to you, including sharing and selling Anonymous Data to third parties.
Personal Data
We will not share or sell your Personal Data except as described in this Privacy Policy. We may use your Personal Data as follows:
Sharing with Other Users: To the extent you share Personal Data on your Website, that Personal Data will be visible to any internet user that views your Website. Additionally, if you share any Personal Data on unpublished pages/posts within your Website, then that Personal Data will be visible to other users to which you granted Website access and to any internet user who may be able to guess the URL for unpublished pages/posts. For clarity, we may use your Personal Data to accomplish those purposes.
Provision and Customization of Services: We may use your Personal Data to provide the Services to you for their intended purposes, as well as to customize and/or enhance your use of the Services.
Advertising: We may use your Personal Data to serve more customized ads to you.
Communications: We may use your Personal Data to send communications to you, including marketing communications (unless you opt-out). If you provide us with cell phone information, then we may also communicate with you via your cell phone, including SMS text messages. Standard data and text message rates may apply.
Payments: If you purchase goods or services through the Services, then we may use your Personal Data to process your purchase and payment. This includes sharing your Personal Data with third party payments processors.
Sharing with Affiliates & Third Parties: We may share your Personal Data with our affiliates and other third parties to accomplish the purposes outlined in this Privacy Policy and in our Terms of Service.
Retention: We may store and retain your Personal Data for purposes of using it as described in this Privacy Policy.
Per our Terms of Service: We may use your Personal Data as provided in our Terms of Service and the other policies referenced in those Terms of Service.
Your Customer Data
If you submit Customer Data to us, then we may use your Customer Data (a) as described in our Terms of Service and the other policies referenced in those Terms of Service, (b) to provide the Services to you for their intended purposes, including sharing your Customer Data with other users, subject to any privacy settings you choose for each item of content (if available) and any privacy settings you set in your account (if available), and (c) in any way which we may use your Personal Data as outlined in this Privacy Policy (subject to any privacy settings chosen by you (if available)).
Your Website User Data
When internet users use your Website, including submitting data to the interactive web forms on your Website, we may use your Website User Data to provide the Services to you for their intended purposes, including displaying your Website User Data to you.
Text Messaging
If you provide your phone number to us and opt in to receive text messages from us, we may send text messages to you. You can opt out from receiving text messages at any time by adjusting your preferences within the Services or by removing your phone number from the Services. We will not sell, rent, distribute, or otherwise share your phone number with any third parties except as necessary to provide the Services or as required to comply with legal processes as contemplated below.
Third-Party Integration
If you enable a third-party integration service on your Website or in your account, we may use your Personal Data, your Customer Data, your Website User Data, and other similar information from your Website or account to facilitate a data-sharing connection between us and the third-party service. You can disable a third-party integration at any time to indicate to us that we should stop sharing your data with that service.
Insurance-Specific Permissions & Restrictions
If you are an insurance agency or broker, in addition to the permitted uses above, we may share your Personal Data (including producer codes) with insurance carriers to the extent you indicate that you are affiliated with those insurance carriers using the settings in your Website or your account.
However, unless otherwise approved by you or permitted in this Privacy Policy, we will not share any of the following information with any insurance carrier: information regarding the performance of your Website, Website analytics, communications with Website users, or any data about your customers or prospects.
Improvements to the Services
If you share ideas or suggestions with us regarding improving or modifying the Services, then we may use all the same without your consent, without providing notice to you, and without providing compensation to you.
Compliance with Legal Process
We may use and share your Personal Data and your Customer Data as follows: (a) to comply with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms, (b) to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements, (c) to prosecute and defend a court, arbitration, or similar legal proceeding, (d) with our representatives and advisors, including attorneys and accountants, and (e) if we have a good faith belief that disclosure is necessary to enforce our Terms of Service or any policies referenced in our Terms of Service or to investigate or prevent illegal or immoral actions.
Data Retention & Deletion
We do not have any obligation to store your Personal Data or your Customer Data or your Website User Data for your benefit of for the benefit of any third party. We may delete all or parts of your Personal Data and your Customer Data and your Website User Data at any time, for any reason, without notice to you.
If you terminate your account or your use of the Services, or if we terminate your account or license to use the Services, pursuant to our Terms of Service, then we may retain your Personal Data and your Customer Data for a reasonable period for regulatory and compliance purposes.
Cookies & Tracking Data
You may restrict our ability to use cookies and certain other types of data files by adjusting the settings on your device or browser. However, please note that if you create such restrictions, all or parts of the Services may not operate as intended (or at all).
Rights Under the European Union’s General Data Protection Regulation (GDPR)
If you are a “Data Subject” under the GDPR, then in addition to the rights outlined elsewhere in this Privacy Policy, you have the following rights: To be informed about what data we collect and how we use it; To request access to your Personal Data; To have us rectify your Personal Data if it is inaccurate or incomplete; To have us erase, remove, or delete, your Personal Data; To restrict our processing of your Personal Data as provided in the GDPR; To data portability with respect to your Personal Data; To object to certain uses of your Personal Data as provided in the GDPR; To lodge a complaint with a supervisory authority that has jurisdiction over issues related to the GDPR; To the extent you provided consent to our processing of your Personal Data, to withdraw that consent at any time (however, such withdrawal will not be effective with respect to lawful processing based upon consent that occurred prior to your withdrawal); We will not require you to provide consent for any unnecessary processing as a condition of entering a contract with us (and will require only the information that is reasonably required to enter a contract with you); We will only retain your Personal Data for as long as necessary for the purposes outlined in this Privacy Policy. If you have questions about any of these rights or if you would like to exercise any of these rights, please contact us using the contact information below. Also, please note that certain portions of the Services will not work for you unless you provide us with your Personal Data.
Security
We use reasonable efforts to protect your information, especially your personally identifiable information and payment information. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. Further, it is your responsibility to protect the security of your account credentials.
Power to Amend This Privacy Policy
We may amend this Privacy Policy at any time, for any reason, with or without notice to you, and your continued use of the Services after the amended Privacy Policy is posted on the Services will constitute your acknowledgment and agreement to the amended Privacy Policy. However, to the extent the amended Privacy Policy materially alters your rights or obligations in this Privacy Policy, the amended Privacy Policy will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Privacy Policy, or (b) 30 days after the amended Privacy Policy is posted on the Services.
Contact
If you have any questions or comments about this Privacy Policy, how we collect and use your information, or your choices and rights regarding the same, then you may contact us at service [at] banyantheory [dot] com.