We are committed to protecting your privacy and developing technology that gives you a powerful and safe online experience. This Benchmark Digital Partners 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”, “we”, “us” or “our”) is a reference to Benchmark Digital Partners LLC

  1. Processing activities covered

This Privacy Statement applies to the following processing activities:

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 entity

Benchmark Digital Partners 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:

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.<![if !supportAnnotations]>

 

  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 Cookies 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 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 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:

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:

  1. How long do we keep your Personal Data?

We may retain your Personal Data for a period of time consistent with the original purpose of collection (see “Purposes for which we process Personal Data and on what legal basis” section above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).

After expiry of the retention periods, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures 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:

(b) How to exercise your rights

To exercise your rights, please contact us using the Benchmark Digital Partners 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 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 entity” section above). If your data has been submitted to us by a Benchmark Digital Partners 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 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 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.

In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the EU-US Privacy Shield or Swiss-US Privacy Shield Frameworks, Benchmark Digital Partners LLC is potentially liable.

  1. Accessing & Updating Your Personal Information

Personally Identifiable Information housed within the Benchmark Digital Partners applications is property of the Benchmark Digital Partners 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 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 without consent of the Customer to troubleshoot a user request or resolve a user identified issue.

Benchmark Digital Partners 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 Melissa Bradford (as noted below). 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 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.

Benchmark Digital Partners complies with the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Benchmark Digital Partners has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov.

In compliance with Privacy Shield Principles, Benchmark Digital Partners commits to resolve complaints about your privacy and our collection or use of your personal information. EU or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Benchmark Digital Partners at:

Benchmark Digital Partners Security Team
[email protected]

Benchmark Digital Partners has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Benchmark Digital Partners has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.

  1. Personal Health Information Protection Act

Benchmark Digital Partners, 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 commits to the protection of the confidentiality of your health information  (“PHI”). All Benchmark Digital Partners 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 described in EU-US and Swiss-US Privacy Shield and HIPAA compliance.

  1. Changes to this Privacy Statement

Our Privacy Statement may change from time to time. We will post these changes on our website (https://www.benchmarkddev.wpengine.com), 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 Community and any other affected parties via email.

  1. 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.

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