Effective date: January 1, 2023
BEN respects your privacy and recognizes your need for appropriate protection and management of your personal information. Please read this Privacy Notice carefully to understand our policies and practices regarding the information collected, and how we will treat it. By accessing our Website, or otherwise submitting information to BEN you acknowledge our privacy practices and the collection and use of your information as described in this Notice. We will take steps to notify you and confirm that you agree at different stages of collecting information. If you do not agree with our policies and practices, please discontinue use of our Website.
UPDATES TO THIS NOTICE
We may update this Privacy Notice based upon evolving laws, regulations, and industry standards, or as we may make changes to our Website. We will post changes to our Privacy Notice on this page to encourage you to review our Privacy Notice when you use our Website to stay informed. If we make changes that materially alter your privacy rights, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If you disagree with the changes to this Privacy Notice, you should discontinue your use of the Service.
This Privacy Notice applies to information that we collect:
- When you visit this Website.
- When you submit your information to us on this Website.
- When you register a user account with us on our Website (“Account”).
- Through email and other communications with you.
- Through third parties that we work with to provide our Website.
- By any other means over the course of your use of our Website.
This Privacy Notice also applies to the personal information we hold about people employed by our past, present and prospective business partners (collectively, “Business Partners”), including businesses to whom we provide services, or from whom we receive services.
Depending on your state or country of residence, you may have additional rights granted to you by applicable law. These additional rights are set out in the “RESIDENTS OF THE EEA AND UK” and “CALIFORNIA PRIVACY RIGHTS” sections below.
COLLECTION OF YOUR INFORMATION
Information You Provide
To register a user Account, BEN must first authorize your credentials. Users must provide certain contact and information such as name, e-mail address, billing address, and phone number in order to access, license and download images and content, and use the Website. BEN is under no obligation to authorize any Accounts and shall retain sole discretion in your ability to register an Account. We do not collect any sensitive personal information, as that term may be defined by applicable privacy laws.
Information We Automatically Collect
BEN collects certain personal information from users of the Website and from our Business Partners and may be collecting data of potential business contacts, direct or indirect customers or target audiences. BEN collects contact information about employees of our Business Partners both directly from the Business Partners and also from publicly available sources, such as through social media.
Personal Information Collection Summary
|A: Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, 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).||NO|
|D: Commercial Information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|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.||NO|
|F: Internet or other similar network activity||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G: Geolocation Data||Physical location or movements.||YES|
|H: Sensory Data||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I: Professional or employment-related information||Current or past job history or performance evaluations.||YES|
|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.||NO|
|K: Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
USE OF YOUR INFORMATION
BEN may use the information about you that it collects for the following purposes:
- to process your order and any invoices;
- to maintain or update your Account;
- to send you updates about special offers, new services, special promotions, and noteworthy news and events;
- to fulfill the terms of a promotion or contest;
- to fulfill a service to you, for example, if you choose to submit content to the Website, we may use your personal information to respond to your submission;
- to fulfill our obligations under a contract we have with you;
- to research and assess potential business opportunities;
- to contact you in response to forms such as “Contact Us” or emailed requests;
- to comply with the law or in the good faith belief that such action is necessary in order to conform with the requirements of the law or to comply with legal process served on us; and
- to transfer to a buyer or other successor, in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event.
BEN may also use personal information from Business Partners to contact you about past, present or future business opportunities.
We use information which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our customers or user base as a whole.
If you are logged into your Account, we are able to link this automatically collected data to such Account. IP addresses are tied to geographic information to segregate customer location for analytical purposes.
Sharing of Your Personal Information
BEN may share or disclose your personal information to its employees, parent and affiliated companies who require your personal information for research, administrative and/or internal business purposes. These parties may also use such information to contact you with an advertisement or offering related to a product or services.
Except as specifically set forth in this Privacy Notice, BEN does not sell, share or rent information to third parties for their marketing or promotional purposes.
Certain Website services may allow you to integrate with or link to certain social network services. To the extent you are required to log in to a social network services to utilize features of the Website, BEN may receive information about you from such social network services, including your login and settings, and you authorize us to collect, store, and use in accordance with this Privacy Notice any and all information available to us through such social network services. In such instances, your actions will be subject to the privacy policies and various terms of service applicable to such social network services.
Summary of Data Disclosed to Third Parties
|Personal Information Category||Category of Third-Party Recipients|
|Business Purpose Disclosures||Sales or Sharing|
|A: Identifiers.||Advertising networks, Internet service providers, Data analytics providers, Social networks||None|
|B: California Customer Records personal information categories.||Advertising networks, Internet service providers, Data analytics providers, Social networks||None|
|C: Protected classification characteristics under California or federal law.||None||None|
|D: Commercial information.||Data analytics providers||None|
|E: Biometric information.||None||None|
|F: Internet or other similar network activity.||Data analytics providers||None|
|G: Geolocation data.||Data analytics providers||None|
|H: Sensory data.||None||None|
|I: Professional or employment-related information.||None||None|
|J: Non-public education information.||None||None|
|K: Inferences drawn from other personal information.||Data analytics providers||None|
We will not keep personal information longer than is necessary for the purpose for which it was collected and we will take all reasonable steps to destroy, or erase from our systems, all personal information which is no longer required. We will retain personal information about you for as long as your Account is active or as needed to provide you services. If you wish to cancel your Account or request that we no longer use personal information about you to provide you services contact us at firstname.lastname@example.org. After your Account is deleted, we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your profile information (such as company type and language preference) in the registration form is used by BEN to create personalized content, services, and advertising in the Website. BEN may also profile your Website activity in order to accurately track your Account and provide you with BEN products and services that correspond to your interests. BEN may also compile data in aggregate form so that we may better understand the users that are visiting our Website. For example, we may produce reports on the most popular search terms by collecting general search term data based on individual searches. Aggregate data is anonymous and does not contain any personal information that identifies a user. BEN may provide or enable access to non-identifying and aggregate usage and volume statistical information from our Website users to third parties for their audit, research and analytical purposes.
USE OF SERVICE PROVIDERS
We hire or partner with other companies to provide limited services on our behalf, such as managing and handling the processing and delivery of mailings (both e-mail and postal mail) and marketing, providing customer support, processing transactions, or performing statistical analysis of our Website. We also use selected third parties to store and process our information, such as cloud storage providers and CRM solution providers. We will only provide those companies the personal information they need to deliver the service. They are contractually obligated to maintain the confidentiality of information about you and are prohibited from using that information for any other purpose.
CHANGE OF ADDRESS OR CONTACT INFORMATION
If your personal information changes, or if you want to delete your Account, you may correct, update, or delete inaccuracies in information about you by making the change through the “Customer Service” page of our Website, by emailing our Customer Support at email@example.com, or by contacting us by telephone or postal mail at the contact information listed below. Your request will be responded to within thirty (30) days. We may not be able to delete your personal information except by also deleting your Account, and we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We have implemented appropriate and reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. It is our policy to treat your Account information with complete confidentiality. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
While we employ reasonable measures to protect personal information, we cannot guarantee that unauthorized third parties will not circumvent those measures or use non-public personal information for improper purposes. We are not responsible for circumvention of any privacy settings or security measures contained on the website, or actions of third parties.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
The transmission of information via the internet is not completely secure. Although we employ industry standard organizational and technical safeguards to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Website. Any transmission of personal information from you to BEN is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Website.
COMMUNICATIONS AND CHOICE
BEN does not rent, share or sell email lists to third parties for promotional purposes. BEN may send you email correspondence to respond to your inquiries or requests, or to otherwise provide or request information concerning your Account. Such emails will be sent to the email address you provide to BEN.
BEN offers its users the choice to opt out of email correspondence or updates about special benefits, promotions, or offers from BEN. If you no longer wish to receive these updates, or you wish to unsubscribe from your Account please complete the Contact Us form in the Website and let us know in the comments section that you would like to be removed from the mailing list.
If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each communication (e.g. following the unsubscribe instructions within the email) or you may contact us at firstname.lastname@example.org or telephone us at 310-342-1500, to opt out.
BEN may offer discussion threads and comment boxes in the Website, which will only be viewable by BEN internally and in some instance, other users within your Account. We are not responsible for the personal information you choose to submit in these discussion threads. To request removal of any information from our discussion threads, contact us at email@example.com.
Please be aware that the Website may contain links to other sites that are covered by their own privacy policies. BEN is not responsible for the privacy practices of such other sites and we encourage our users to be aware when they leave our site. We recommend that our users read the privacy policies of each and every service that collects personal information.
The Website is designed for adults, not children. As such, this website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the website. If you are under 16, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
DO NOT TRACK SIGNALS
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, visit www.allaboutdnt.org. At this time, BEN does not respond to Do Not Track browser settings or signals. In addition, BEN may use other technology that is standard to the internet to track visitors to this website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
EU AND UK RESIDENTS
This section applies to residents of the European Economic Area and the UK.
Data Controller: the data controller of your personal information is BEN Group, Inc; our contact details are in the section headed “Questions”. We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.
Legal Bases: we process your personal information using a number of legal bases: to perform our obligations under legal agreements we have with you; to comply with our legal obligations; in some cases, with your direct consent; and for our legitimate business interests. These interests are the proper administration of our business, maintaining the quality of our services, providing customer care, identifying new business opportunities and developing our business, and ensuring our business is operated in a safe and secure manner. We may also process personal information on any other basis permitted by the GDPR and applicable laws.
Additional rights: If you are a resident of the European Economic Area or the UK, you have the following rights in relation to the personal data we hold about you.
|Your right||What this means for you||What you can do|
|The right to be informed about how your data will be processed.||We have to give everyone information about the way that we will use their data. For example, we have to tell you about the purposes for which we will use your data and who else might have access to it. We have set this information out in this notice.||We will provide you with information about how we process your data. Most of this information is set out in this notice, and we may update it from time to time. We may also provide you with notice about how we process your data in other ways from time to time. For example, we may send a notice in an email to you or by using other means of communicating with you.|
|The right to access your personal data.||We will provide you with access to your personal data that is undergoing processing, together with some further information which you are entitled to receive, such as the purpose of the processing (i.e. why we process it), the categories of data being processed (i.e. what types of data is being processed, such as name, address etc.) and who else we may engage with to receive your personal data on our behalf.||You can request that we provide you with access to the personal data that we process about you (i.e. a copy of it). There may be valid reasons for refusing to comply with some access requests (or parts of an access request), for example in order to protect the rights of other individuals.|
|The right to prevent processing of your personal data in certain circumstances.||We will, in certain circumstances and to the extent required by law, restrict our processing of your personal data.||You can request that we restrict the processing of your personal data if the data is inaccurate, if the processing is unlawful, if we no longer need the personal data, or if you exercise your right to object (see below). If you seek to exercise this right, we may need to work with you to understand the issues and to determine the extent to which we are required to restrict the processing of your data.|
|The right to rectify information.||We are required to take steps to ensure the accuracy of the personal data that we process.||If you become aware that the personal data that we hold about you is incorrect, or if your situation changes (for example you change address) please let us know and we will update our records.|
|The right to data portability.||In some circumstances, we will be required to provide certain data to another organisation at your request in a format that allows that other organisation to read and use it.||You have the right to request the transfer of your personal data to another organisation (i.e. another data controller) in a structured, commonly used machine-readable format, so that the other organisation can, at your request, read and use it. This allows your personal data to be easily transferred from one IT environment to another in a safe and secure way.|
|The right to erasure of your data (also known as the “right to be forgotten”).||In certain circumstances and where we are required to do so by law, we must ensure that personal data is deleted at your request. This right is not “absolute”, and it is likely that there will be scenarios where we are entitled to continue to retain and process your data, even if you have asked us to erase your data.||If you make this request, we will need to balance certain legal, contractual and business interests against your right to request the deletion of the relevant data.|
|The right to object to certain processing of your data.||If you object to our processing of your personal data, we will consider certain legal, contractual and business interests and obligations and balance these against your right to object to the processing.||You may object to the processing of your personal data in certain circumstances. You can also object to our use of your personal data for direct marketing purposes.|
|The right not to be subject to a decision based solely on “automated processing”, (i.e. the right not to be subject to a decision made about you automatically by a computer or algorithm without human intervention).||We are required to keep records of the automated processing that we carry out and in certain circumstances, to give people the right to object to being subject to decisions made in this way as well as providing information about the way that the decisions are made.||You may object if a decision is made wholly by a computer or algorithm without human input. You will also be given information about this type of processing.|
If you want to exercise any of these rights, you should make a request to email@example.com.
You also have the right to complain about our use of your personal data. You can contact the UK’s Information Commissioner’s Office via their website: https://ico.org.uk/concerns/ or by calling +44 (0)303 123 1113.
We respond to requests we receive from European residents in accordance with applicable data protection laws. Only you or someone legally authorized to act on your behalf may submit a request that affects your data. Therefore, we will need to verify your identity or the identity of whoever is submitting a request on your behalf.
STATE-SPECIFIC DISCLOSURES AND PRIVACY RIGHTS
This section outlines certain data privacy rights afforded to residents of California, Colorado, Connecticut, Utah, and Virginia by each state’s respective privacy acts (e.g., the California Consumer Privacy Act, as amended by the California Privacy Rights Act, the Colorado Privacy Act, etc.).
Individual Consumer Rights
Right of Access – The right for a consumer to access (a) the categories and specific pieces of personal information we collect, use, disclose, and sell about you, (b) the categories of sources from which we collected your personal information, (c) our purposes for collecting or selling your personal information, (d) the categories of your personal information (if any) that we have either sold or disclosed for a business purpose, (e) the categories of third parties with which we have shared personal information, (f) or some combination of similar information.
Right of Correction – The right for a consumer to request that incorrect or outdated personal information be corrected.
Right of Deletion – The right for a consumer to request that we delete the personal information we have collected from or maintain about them.
Right of Restriction – The right for a consumer to limit our use and disclosure of their Personal Information.
Right of Portability – The right for a consumer to request their Personal Information be disclosed in a common file format.
Right to Opt-Out of Sales – The right for a consumer to opt out of our sale(s) (if any) of your Personal Information.
Right Against Discrimination – The right for a consumer not to receive discriminatory treatment for the exercise of the privacy rights conferred by applicable laws.
Exercising Your Rights
Based on your state of residence, you may have some or all of the rights included above in the “Individual Consumer Rights” Section of this Privacy Notice.
Registered Users: We allow registered users with an Account to correct, update, or delete their personal information via the “Customer Service” page of our Website, by contacting us by telephone, or by submitting a request by postal mail at the information included below.
Website Visitors: To access or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. As permitted by applicable law, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected personal information. California residents may exercise their rights described above by emailing us at firstname.lastname@example.org with subject line “Verifiable Consumer Request.”
Only you, or someone legally authorized to act on your behalf (“Authorized Agent”), may make a request to know or delete related to your personal data. We require Authorized Agents to provide written authorization confirming they may submit a request on your behalf. You may only submit a request to know twice within a 12-month period. We endeavor to substantively respond to a Verifiable Consumer Request within forty-five (45) days of its receipt, unless we require an extension. If we reasonably require an extension, we will inform you of the reason and extension period.
Once we receive your request and confirm your identity, we will review your request. We may deny your request if retaining the information is proper and necessary or if an exception allowing us to retain the information applies.
Appeals: If you are a resident of Virginia, Colorado, or Connecticut, you have the right to appeal our decision if we refuse to take the action as outlined in your request. Appeals must be submitted by email to email@example.com. The email must have the subject: “Consumer Request Appeal” and include a written explanation of your appeal.
We will not discriminate against you for exercising any of your data subject rights. We do not charge a fee to process or respond to your Verifiable Consumer Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
SHINE THE LIGHT LAW
California Civil Code sections 1798.83 permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email with the subject line “Request for California Privacy Information” or contact us at the contact information provided below.
If you have any questions about our Privacy Notice or concerns about personal information you have supplied to BEN, please contact Customer Service at firstname.lastname@example.org or call 310-342-1500.
You may also write to us at the address listed below:
BEN Group, Inc.
Attn: Customer Service
14724 Ventura Blvd, suite 1200
Sherman Oaks, CA 91403