Benchmark Digital Partners LLC – Privacy Policy

We are committed to protecting your privacy and developing technology that gives you a powerful and safe online experience. This Benchmark Digital Partners LLC Privacy Statement (“Privacy Statement”) describes our privacy practices.  Please read this Privacy Statement carefully to learn how we collect, use, store and otherwise process information relating to individuals (“Personal Data”) and your rights and choices regarding our processing of your Personal Data.  A reference to (“Benchmark Digital Partners LLC”, “we”, “us” or “our”) is a reference to Benchmark Digital Partners LLC LLC 

1. Processing activities covered 

This Privacy Statement applies to the following processing activities: 

• Visiting our websites which display or link through to this Privacy Statement; 
• Visiting our offices; or 
• Receiving communications from us, including emails, texts or fax. 

Our websites may contain links to other websites, applications and services maintained by third parties. The information practices of such other services are governed by the third-party privacy statements, which we encourage you to review to better understand those third parties’ privacy practices. 

1. Responsible Benchmark Digital Partners LLC entity 

Benchmark Digital Partners LLC is the controller of your Personal Data and responsible for the collection, processing and disclosure of your Personal Data as described in this Privacy Statement, unless expressly specified otherwise. 

This Privacy Statement does not apply to the extent we offer our customers various cloud products and services through which our customers may create their own websites and applications running on our platforms, perform internal environmental, health and safety compliance activities, send electronic communications to other individuals, and collect and analyze Personal Data from individuals. 

1. What Personal Data do we collect? 

(a)Personal Data we collect directly from you 

The Personal Data that we collect directly from you may include the following: 

• if you express an interest in obtaining additional information about our services, request customer support, use our “Contact Us” or similar features, register to use our websites, sign up for an event or webinar, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, email address, or username and password; 
• if you use and interact with our websites, we automatically collect log files and other information about your device and your usage of our websites through cookies, web beacons or similar technologies, such as IP-addresses or other identifiers, which may qualify as Personal Data; and 

• if you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival. 

Failing to provide the Personal Data in each of the situations listed above may result in our inability to provide you with your requested services, information, or access to our offices, as applicable. 

(b)Personal Data we collect from other sources 

We may also collect information about you from other sources, including third parties from whom we have purchased Personal Data, and combine this information with Personal Data provided by you. This helps us to update, expand and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically collected data to personally identifiable information. 

We collect the following categories of Personal Data from third parties: 

Category	Examples
A. Identifiers.	A real name, alias,  postal address, unique personal identifier, online identifier Internet  Protocol address, email address, account name, driver’s license number,  passport number, or other similar identifiers
B. Personal information  categories listed in the California Customer Records statute (Cal. Civ. Code  § 1798.80(e)).	A name, signature,  physical characteristics or description, address, telephone number, passport  number, driver’s license or state identification card number, insurance  policy number, education, employment, employment history, bank account  number, credit card number, debit card number, or any other financial  information, medical information, or health insurance information. Some  personal information included in this category may overlap with other  categories.
C. Protected  classification characteristics under California or federal law.	Age (40 years or  older), race, color, ancestry, national origin, citizenship, religion or  creed, marital status, medical condition, physical or mental disability, sex  (including gender, gender identity, gender expression, pregnancy or  childbirth and related medical conditions), sexual orientation, veteran or  military status, genetic information (including familial genetic information).
D. Commercial  information.	Records of personal  property, products or services purchased, obtained, or considered, or other  purchasing or consuming histories or tendencies.
E. Biometric  information.	Genetic,  physiological, behavioral, and biological characteristics, or activity  patterns used to extract a template or other identifier or identifying  information, such as, fingerprints, faceprints, and voiceprints, iris or  retina scans, keystroke, gait, or other physical patterns, and sleep, health,  or exercise data.
F. Internet or other  similar network activity.	Browsing history,  search history, information on a consumer’s interaction with a website,  application, or advertisement.
G. Geolocation data.	Physical location or  movements.
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or  employment-related information.	Current or past job  history or performance evaluations.
J. Non-public  education information (per the Family Educational Rights and Privacy Act (20  U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records  directly related to a student maintained by an educational institution or  party acting on its behalf, such as grades, transcripts, class lists, student  schedules, student identification codes, student financial information, or  student disciplinary records.
K. Inferences drawn  from other personal information.	Profile reflecting a  person’s preferences, characteristics, psychological trends, predispositions,  behavior, attitudes, intelligence, abilities, and aptitudes.

1. Use of Cookies 

We use “cookies” to help personalize your online experience. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online experience. 

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. 

Persistent cookies enable us to enhance the experience of users on our site. You have the ability to accept or reject cookies. Most web browsers automatically accept them, but you can usually modify your browser settings to reject cookies, if you prefer. If you reject cookies, you may still use our site, but your ability to use some areas of our website will be limited. [To opt-out from tracking by Google Analytics, please use the specific opt-out mechanism as indicated further below.] 

The following sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies: 

Type of Cookies		Description		Managing Settings
Required C  ookies	Required cookies enable you to navigate our websites and use their features, such as accessing secure areas of the websites.  If you have chosen to identify yourself to us, we may place on your browser a cookie that allows us to uniquely identify you when you are logged into the websites and to process your online transactions and requests.		Because required cookies are essential to operate the websites there is no option to opt out of these cookies.
Functional Cookies	Functional cookies allow us to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features.  Functional cookies may also be used to improve how our websites function and to help us provide you with more relevant messages, including marketing communications. These cookies collect information about how our websites are used, including which pages are viewed most often.  We may use our own technology or third party technology to track and analyze usage and volume statistical information to provide enhanced interactions and more relevant communications, and to track the performance of our advertisements.  [In particular, we use Google Analytics (“Google Analytics”), a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA as our processor. Google Analytics uses cookies to help us analyze how our websites are used, including the number of visitors, the websites visitors have come from, and the pages they visit. This information is used by us to improve our websites.]Benchmark Digital Partners LLC may also utilize HTML5 local storage or Flash cookies for these purposes. Flash cookies and HTML local storage are different from browser cookies because of the amount of, type of, and how data is stored.		To manage the use of functional cookies on our websites, consult your individual browser settings for cookies. Note that opting out may impact the functionality you receive when using our websites. [To opt out from data collection by Google Analytics, you can download and install a browser add-on, which is available here.]  To learn how to control functional cookies using your browser settings click here.  To learn how to manage privacy and storage settings for Flash cookies click here

Opt-Out from the collection of device and usage data 

You may opt-out from the collection of device and usage data (see “What device and usage data we process” section above) by managing your cookies at the individual browser level.  Please note, however, that by blocking or deleting cookies and similar technologies used on our websites, you may not be able to take full advantage of the website. 

While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators. Therefore, we do not currently commit to responding to browsers’ DNT signals with respect to our websites. Benchmark Digital Partners LLC takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard. 

1. Purposes for which we process Personal Data and the legal basis on which we rely 

We collect, process your Personal Data for the purposes and on the legal bases identified in the following: 

• Providing our websites: We will process your Personal Data to the extent this is necessary for the performance of our contract with you for the use of our websites and to fulfill our obligations under the applicable terms of use/service; where we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our websites and to provide you with content you access and request (e.g., download of certain content from our websites); 
• Promoting security of our websites: We will process your Personal Data by tracking use of our websites, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our websites, and protecting our rights and the rights of others; 
• Managing user registrations: We will process your Personal Data by managing your user account for the purpose of performing the contract with you according to any applicable terms of service; 
• Handling contact and user support requests: If you fill out a “Contact Me” web form, request user support, or if you contact us by other means, we will process your Personal Data for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you; 
• Managing event registrations and attendance: We will process your Personal Data to plan and host the event or webinar, including related communication with you, on basis of the performance of our contract with you; 
• Developing and improving our websites: We will process your Personal Data to analyze trends, track your usage of our websites and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our websites and to provide our users with more relevant and interesting content; 
• Managing office visitors: We will process your Personal Data for security reasons, to register who visited our offices and who signed the non-disclosure agreement that visitors may be required to sign. 
• Displaying personalized advertisements and content: We will process your Personal Data to conduct marketing research, advertise to you, provide personalized information about us on and off our websites, and other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interests to advertise our websites or, where necessary, to the extent you have provided your prior separate consent (please also view “Your rights relating to your Personal Data” below to learn how you can control how your Personal Data is processed by Benchmark Digital Partners LLC for marketing purposes); 
• Sending marketing communications: We will process your Personal Data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interests to conduct direct marketing or to the extent you have provided your prior separate consent (please also view “Your rights relating to your Personal Data” section below to learn how you can control how your Personal Data is processed by Benchmark Digital Partners LLC for marketing purposes); 
• Complying with legal obligations: We will process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests. 

Where we need to collect and process Personal Data by law, or under a contract we have entered into with you and you fail to provide that required Personal Data when requested, we may not be able to perform the contract. 

1. Who do we share Personal Data with? 

We may share your Personal Data with the following recipients: 

• Our contracted service providers which provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment; such service providers comprise companies located in the countries in which we operate 
• If you attend an event or webinar organized by us, we may share your information with sponsors of the event if: (1) you consent to such sharing via an event registration form; or (2) you allow your attendee badge to be scanned at a sponsor booth. In that event, your information will be subject to the business partners’ respective privacy statements. If you do not wish for your information to be shared, you may choose not to opt-in via event registration or elect not to have your badge scanned at our events; 

• With third–party social networks, advertising networks and websites, which usually act as separate controllers, so that Benchmark Digital Partners LLC can market and advertise on third party platforms and websites; 
• In individual cases we may also share Personal Data with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in countries in which we operate who provide consultancy, banking, legal, insurance and accounting services; 
• If we are involved in a merger or reorganization, sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Data to such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any such transfer of Personal Data to an unaffiliated third party as processing of your Personal Data will be required for the purposes set out in “Purposes for which we process Personal Data and on which legal bases” section above. 
• Any Personal Data or other information you choose to submit in communities, forums, blogs, or chat rooms on our websites may be read, collected, and/or used by others who visit these forums, depending on your account settings. 

1. How long do we keep your Personal Data? 

Benchmark retains Personal Data collected by our customers and will only delete it based on their explicit instructions, stored data is protected from unauthorized use or disclosure, appropriate measures are in place to prevent any further use of the data. 

1. Your rights relating to your Personal Data 

(a) Your rights 

You have certain rights regarding your Personal Data, subject to local data protection laws. These may include the following rights: 

• to access your Personal Data held by us (right to access); 
• to rectify inaccurate Personal Data and ensure it is complete (right to rectification); 
• to erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten); 
• to opt-out (or opt in) of certain uses of your data. Requests or preferences regarding the use or disclosure of your personal data should be directed to the respective customer entity and Data Controller who originally collected your data;  
• to restrict our processing of your Personal Data (right to restriction of processing); 
• to transfer your Personal Data to another controller to the extent possible (right to data portability); 
• to object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection; 
• not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”);  Automated Decision-Making currently does not take place on our websites; 
• to the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal. 

(b) How to exercise your rights 

To exercise your rights, please contact us using the Benchmark Digital Partners LLC request form. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee of a Benchmark Digital Partners LLC customer, we recommend you contact your company’s system administrator for assistance in correcting or updating your information. 

In addition, if you have registered for an account with us, you may generally update your user settings, profile, organization’s settings or event registration by logging into the applicable website with your username and password and editing your settings or profile. To update your billing information, discontinue your account, and/or request return or deletion of your Personal Data and other information associated with your account, please contact us. 

(c)Your rights relating to Customer Data 

As described above, we may also process Personal Data in the role of a processor (see “Responsible Benchmark Digital Partners LLC entity” section above). If your data has been submitted to us by a Benchmark Digital Partners LLC customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with our customer directly. Because we may only access our customer’s data upon instruction from the respective customer, if you wish to make your request directly to us, please provide the name of the Benchmark Digital Partners LLC customer who submitted your data when you contact us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe. 

(d)Your preferences for marketing communications 

If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe by contacting us using the information in the “Contacting Us” section below. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements or security information. 

1. Security of Your Personal Information 

All personal information we collect is transmitted using the latest secure version of TLS and encrypted using AES. 

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. 

If you have any questions about security on our Website, you can send an email to us at the address listed below. 

1. Business Transitions 

In the event Benchmark Digital Partners LLC goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified by a prominent notice on our Website for 30 days of any such change in ownership or control of your personal information. You consent to the transfer of your personally identifiable information to any such successor entity unless you notify us via email to the contrary. 

If we ever were to engage in any onward transfers of your data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-in choice to limit the use and disclosure of your personal data. 

We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. 

1. Accessing & Updating Your Personal Information 

Personally Identifiable Information housed within the Benchmark Digital Partners LLC applications is property of the Benchmark Digital Partners LLC Customer. Through the applications permissions model, each Customer has the ability to determine who has access to view and update the personally identifiable information they have chosen to collect within the Benchmark Digital Partners LLC applications. It is the responsibility of the Customer to determine and communicate what personally identifiable information is being collected and who has access to view and update this information. This information is not reviewed, shared or distributed by Benchmark Digital Partners LLC without consent of the Customer to troubleshoot a user request or resolve a user identified issue. 

Benchmark Digital Partners LLC acknowledges that EU and Swiss individuals have the right to access the personal information that we maintain about them. An EU or Swiss individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his/her query to Jason Krueger at [email protected]. If requested to remove data, we will respond within a reasonable timeframe. 

1. Enforcement 

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly. 

Benchmark Digital Partners LLC is subject to investigatory and enforcement powers of the Federal Trade Commission (FTC). 

1. International Transfers of Information Collected 

Your Personal Data may be collected, transferred to and stored by us in the United States and by our affiliates in other countries where we operate. 

Encryption and safe data transfer methods are in place, data in transit uses latest version of TLS. 

Individuals with inquiries or complaints regarding this privacy policy should first contact Benchmark Digital Partners LLC at: 

Benchmark Digital Partners LLC Security Team 

[email protected] 

Personal Health Information Protection Act 

Benchmark Digital Partners LLC, as a data processor, is fully compliant with the Personal Health Information Protection Act. In compliance with the Personal Health Information Act, Benchmark Digital Partners LLC commits to the protection of the confidentiality of your health information  (“PHI”). All Benchmark Digital Partners LLC staff and agents are responsible for safeguarding the PHI they collect, use, and disclose in the course of their employment through the use of physical, administrative, technical and electronic safeguards. 

EU-U.S. and Swiss-U.S. Data Privacy Framework  

Benchmark Digital Partners LLC complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Benchmark Digital Partners LLC has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Benchmark Digital Partners LLC has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. In cases of onward transfer to third parties of data of EU, UK, or Swiss individuals received pursuant to the Data Privacy Frameworks, Benchmark Digital Partners LLC is potentially liable. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. 

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), Benchmark Digital Partners LLC commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact Benchmark Digital Partners LLC [email protected]  

Benchmark Digital Partners LLC has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you. 

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf   

Changes to this Privacy Statement 

Our Privacy Statement may change from time to time. We will post these changes on our website (https://www.benchmarkdigitalesg.com/privacy-policy/), and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.  If we make significant changes to this Privacy Statement, we will provide a more prominent notice and/or notify the Benchmark Digital Partners LLC Community and any other affected parties via email. 

Contact Information 

We welcome your comments regarding this Privacy Statement. If you believe that we have not adhered to this statement, please contact us at [email protected]. We will use commercially reasonable efforts to promptly determine and remedy the problem.