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Privacy Policy

Updated: July 1, 2023

This “Privacy Policy” describes the privacy practices of Benchmark Solutions, LLC (dba Benchmark Analytics, LLC) (collectively, “Owner”, “Benchmark”, “we”, “us”, or “our”) in connection with the benchmarkonline.app web application, and any other web application that Benchmark owns or controls and which posts or links to this Privacy Policy (collectively, the “Service”, “Application”), in connection with our marketing activities, social media pages, our live events, and as otherwise described in this Privacy Policy. In addition, this Privacy Policy describes your rights and choices with respect to the personal information we collect.

Benchmark websites, web applications, products and services are designed for enterprise customers and their representatives.  Benchmark does not offer products or services for use by individuals for their personal, family or household purposes.  Accordingly, Benchmark treats all personal information it collects as pertaining to individuals in their capacities as representatives of the relevant enterprise and not their individual capacities. Note, however, that Benchmark business customers may transmit personal information to us as part of the services we provide through Benchmark Management System and other products.

Contact information

Benchmark Solutions, LLC (dba Benchmark Analytics, LLC) – Chicago, Illinois USA

Contact email: [email protected]

Personal Information Collection

Benchmark Analytics may collect some Personal Information from its Users through Benchmark Management System (BMS) and other web applications, as well as through direct data exchange with its enterprise customers. Types of Personal Information that Benchmark collects are outlined below.

Information that users provide to Benchmark

Personal information that users provide to us through the Service or otherwise includes:

  • Business and personal contact information, such as first and last name, email and mailing addresses, phone number, professional title, rank, agency name
  • Profile information, such as username and password that you may set to access our online Services
  • Feedback or correspondence, such as information users provide when they contact us with questions, feedback, or otherwise correspond with us online
  • Transaction information, such as information about payments to and from users and other details of products or services users have purchased from us.
  • Profile information, such as username and password that you may set to access our online Services
  • Usage information, such as any content users upload to the Service or otherwise submit to us, including information users provide when they use any interactive features of the Service.
  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Unless specified otherwise, all Data requested by the Application is mandatory and failure to provide this Data may make it impossible for the Application to provide its Services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.

Information Benchmark obtains from enterprise customers.

Benchmark may receive personal information from its enterprise customers. Personal information may be collected automatically using various tools and technologies, including, but not limited to, HTTP connections to the customer’s systems, FTP file uploads, etc.

Use of any information obtained from the enterprise customers is restricted by agreements between Benchmark and those business partners.

Cookies and other technologies

Some of the information collection may be facilitated by cookies and other technologies. For more information, see Benchmark Analytics Cookie Policy. Any use of Cookies – or of other tracking tools – by the Application or by the owners of third-party services used by the Application serves the purpose of providing the Service required by the customers, in addition to any other purposes described in this Privacy Policy and in the Cookie Policy, if available.

Most browser settings let users delete and reject cookies placed by websites. Many browsers accept cookies by default until users change their settings. If users do not accept cookies, they may not be able to use all functionality of the Service and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit https://www.allaboutcookies.org.

Personal Information Processing

Benchmark Analytics takes appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Personal Information it collects.

The Personal Information processing is carried out using computers, virtual machines, and/or IT-enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to Benchmark, in some cases, the information may be accessible to certain types of persons in charge or involved with the operation of the Application (administration, sales, marketing, legal, system administration, data science) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by us.

How Personal Information May Be Used

Benchmark may use personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

  • To operate the Service, Benchmark may use personal information to:
  • provide, operate and improve the Service;
  • establish and maintain user profile on the Service;
  • provide support and maintenance for the Service;
  • respond to requests, questions and feedback.
  • For research and development. Benchmark may use personal information for research and development purposes, including to analyze use of the Service, improve the Service and develop new products and services.
  • To comply with law. Benchmark may use personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities.
  • For compliance, fraud prevention, and safety. Benchmark may use personal information and disclose it to law enforcement, government authorities, and private parties as is contractually allowed and as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements or our internal policies; (c) enforce the terms and conditions that govern the Service; and (d) protect, identify, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
  • With user consent. In some cases Benchmark may specifically ask for user consent to collect, use or share personal information, such as when required by law.
  • To create anonymous, aggregated or de-identified data. Benchmark may create anonymous, aggregated or de-identified data from personal information we collect. Benchmark may make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable. Benchmark may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business. Benchmark will not attempt to re-identify any such data, except as permitted by law.

Place

All Personal Information that Benchmark collects and uses is stored and processed in data centers located in the United States.

Retention time

Personal Information shall be processed and stored for as long as required by the purpose it was collected for. Therefore:

  • Personal Information collected for purposes related to the performance of a contract between Benchmark and its Customer shall be retained until such contract has been fully performed
  • Personal Information collected for the purposes of Benchmark’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by Benchmark within the relevant sections of this document or by contacting us
  • Benchmark may be allowed to retain Personal Information for a longer period according to its Data Retention Policy and contracts with customers. Furthermore, we may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Security Practices

The security of personal information is important to us. Benchmark employs organizational, technical and physical safeguards designed to protect the personal information it collects. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Email, in particular, is an insecure way to transmit personal information. Please take special care regarding what information you send to us via email.

Children

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 18. If we learn that anyone under the age of 18 has unlawfully provided Personal Data to Benchmark, we will delete such information from our files as soon as reasonably practicable.

Rights and Choices of Users

Users may exercise certain rights regarding their Personal Information that is collected by Benchmark Analytics outside the scope of customer contractual obligations. In particular, Users have the right to:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Personal Information. Users have the right to object to the processing of their Personal Information if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Personal Information. Users have the right to learn if Personal Information is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Personal Information and ask for it to be updated or corrected.
  • Restrict the processing of their Personal Information. Users have the right, under certain circumstances, to restrict the processing of their Personal Information. In this case, the Owner will not process their Personal Information for any purpose other than storing it.
  • Have their Personal Information deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Personal Information from the Owner.
  • Receive their Personal Information and have it transferred to another controller. Users have the right to receive their Personal Information in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of, or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Information be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Information for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible. 

Additional information about Information collection and processing

Legal action

The User’s Personal Information may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.

The User declares to be aware that the Owner may be required to reveal personal information upon request of public authorities.

Additional information about User’s Personal Information

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) using other Personal Information (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Information may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled

This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.