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SITE TERMS

 * Privacy Policy
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Privacy Policy
Where we stand on gathering, sharing and protecting your info
Privacy Policy for Benchmark Email

Effective Date: January 2022

Welcome to Benchmark Email, owned and operated by Benchmark Internet Group
(herein after referred to as "Benchmark," "company," "us," "we," and/or "our").

This document/page lays out our privacy policy in regards to information that we
may collect on our website benchmarkemail.wpengine.com and through the
associated Benchmark Email Service. This includes personal information (personal
data) of customers, registered users, interested parties and non-registered
visitors of the websites of Benchmark. The use of information collected through
our Service shall be limited to the purpose of providing the service for which
our customers have engaged us. Your data and privacy are of utmost importance to
Benchmark, and this privacy policy was created to emphasize that. This policy
will explain how we use and protect your personal data and any other information
gathered with the service as well as the human resources data of our employees.
It also describes the choices available to you regarding the use of, your access
to, and how to update and correct and erase your personal information.

Controller of the Data File

The controller of the data file within the meaning of data protection law is
Benchmark Internet Group:

Erin Posey - Director of Customer Success & Support
Benchmark Email
3636 S. Geyer Road, Suite 100
St Louis, MO 63127
Phone: 866-991-4888 x116

Benchmark Email as the Contract Data Processor

Benchmark Email offers its business customers a technical solution (so-called
software as a service), to allow for email campaigns to be created and sent to
customer-specific contacts. The respective customer of Benchmark Email named
therein is responsible in terms of content and data protection law for the email
campaigns as the provider or the sender of the email campaign. Benchmark Email
does not have an influence on this, and insofar as data protection law is
concerned, is merely a technical service provider for contract data processing
subject to the instructions of its customers. Therefore, any claims in
consequence of receipt of an email campaign and its content must always be
directed towards the provider apparent therein. This applies in particular for
claims under data protection law for information, correction, blocking or
deletion. The respective offeror or sender of the email campaign shall
independently provide information (e.g. in a separate data privacy statement)
about how personal data will be used—also while employing the technical platform
of Benchmark Email.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

Benchmark, and its parent company Benchmark Internet Group, participate in and
has certified its compliance with the EU-U.S. Privacy Shield Framework and the
Swiss-U.S. Privacy Shield Framework. Benchmark is committed to subjecting all
personal data received from European Union (EU) member countries and
Switzerland, respectively, in reliance on the Privacy Shield Framework, to the
Framework’s applicable Principles. To learn more about the Privacy Shield
Framework, visit the U.S. Department of Commerce’s Privacy Shield List.

Benchmark is committed to cooperating with the Swiss Federal Data Protection and
Information Commissioner (FDPIC) and will comply with the advice given by the
authority with regard to human resources data transferred from Switzerland in
the context of the employment relationship.

Benchmark is responsible for the processing of personal data it receives, under
the Privacy Shield Framework, and subsequently transfers to a third party acting
as an agent on its behalf. Benchmark complies with the Privacy Shield Principles
for all onward transfers of personal data from the EU and Switzerland, including
the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy
Shield Framework, Benchmark is subject to the regulatory enforcement powers of
the U.S. Federal Trade Commission. In certain situations, Benchmark may be
required to disclose personal data in response to lawful requests by public
authorities, including to meet national security or law enforcement
requirements.

Under certain conditions, more fully described on the Privacy Shield website,
you may invoke binding arbitration when other dispute resolution procedures have
been exhausted.

If you are unsure about our privacy rules or this policy, please contact us at
support@benchmarkemail.com.

In compliance with the Privacy Shield Principles, Benchmark Email commits to
resolve complaints about our collection or use of your personal information. EU
and Swiss individuals with inquiries or complaints regarding our Privacy Shield
policy should first contact Benchmark Email at support@benchmarkemail.com.

Benchmark Email has further committed to refer unresolved Privacy Shield
complaints to TrustArc an alternative dispute resolution provider located in the
United States. If you do not receive timely acknowledgment of your complaint
from us, or if we have not addressed your complaint to your satisfaction, please
visit https://trustarc.com/contact/ for more information or to file a complaint.
The services of TrustArc are provided at no cost to you.

 

GDPR

The General Data Protection Regulation (GDPR) is a European privacy law that
went into effect on May 25, 2018. It regulates how personal data of EU citizens
can be collected, used, stored and processed by both European businesses and
non-European companies that have European contacts. Benchmark Email complies
with all GDPR regulations regarding personal data of EU citizens.

California Privacy

The California Consumer Privacy Act (CCPA) outlines a consumer's rights
regarding their personal information and relating to the access of, deletion of,
and sharing of their personal information that is collected by a business. Each
consumer has the right to request that businesses subject to CCPA disclose how
they obtained your personal information over the past 12 months.Those businesses
may be customers of Benchmark Email, and they may not discriminate against you
for exercising your CCPA rights. Furthermore, if the business sells your
personal information, you have the right to opt-out of that sale.

Under the CCPA, Benchmark Email acts as a service provider when offering our
software services to our customers. The collection of any personal information
is done on behalf of our customers so that we may provide a service to them. Any
request for access or deletion of your personal information under the CCPA
should be directed to our customer whom you have a relationship with.

We will not charge anyone different prices or offer different quality of
services to them should they exercise their CCPA rights. We will also not ask
for your personal information unless the value of the incentive or enhancement
is reasonably related to the value of your personal information.

Information We May Collect

When you sign up for a free account, we will ask you for information. This
information may include:

 * Your name
 * Your company name
 * Your company or home address
 * Your telephone number
 * Your email address
 * Your email list details
 * How many emails you plan to send
 * Whether you use good email marketing practices

Likewise, when you sign up for a paid plan, we will ask you for the same
information as above, as well as:

 * The name on your credit card
 * Your credit card number
 * Your credit card number expiration date
 * The three or four-digit safety code on the back of your card
   Your billing address

 

In addition, if you contact us for more info on any of our partner programs, our
non-profit discount program, our faith-based initiative discount program or
other programs, we may also ask you:

 * Your non-profit's name
 * Your non-profit's 501(c) number
 * Your faith-based organization's name
 * The size of your organization or congregation

Our website offers a publicly accessible blog and a member community forum. You
should be aware that any information you provide in these areas may be read,
collected, and used by others who access them. Our community forum provides the
ability to create a personal profile which gives you the option to submit
additional personal and demographic information about yourself, such as age and
personal interests. To request removal of your personal information from our
blog or community forum, contact us at support@benchmarkemail.com. In some
cases, we may not be able to remove your personal information, in which case we
will let you know if we are unable to do so and why.

Also available through our forum, you can choose to use our referral feature to
tell a friend about our site. We will ask you for your friend's name and email
address. We will automatically send your friend a one-time email notifying him
or her to the aspect of the site you wanted to share. Benchmark stores this
information for the sole purpose of sending this one-time. Your friend may
contact us at support@benchmarkemail.com to request that we remove this
information from our database. Alternatively, if you used a third party
application to post such information, you can remove it, by either logging into
the said application and removing the information or by contacting the
appropriate third party application.

We also may display personal testimonials of satisfied customers on our site in
addition to other endorsements. With your consent we may post your testimonial
along with your name. If you wish to update or delete your testimonial, you can
contact us about using the information listed below.

Tracking Technologies

When you use or interact with our services, we may collect data, which may
include but is not limited to type of Internet browser, Internet Protocol (IP
addresses), geographic location (approximate), a record of how you use our
services and sites, referring/exit pages, operating system, date/time stamp,
and/or clickstream data and other data. We use this information 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 may combine
this automatically collected log information with other information we collect
about you. We do this [to improve services we offer you, to improve marketing,
analytics, or site functionality.

We at Benchmark and our partners, affiliates, or analytics or service providers
(Google, AdRoll, Yahoo, Bing), use technologies such as cookies or similar
technologies to analyze trends, administer the website, tracking users’
movements around the website, and to gather demographic information about our
user base as a whole. We may receive reports based on the use of these
technologies by these companies on an individual and aggregated basis.

We use cookies for our shopping cart, to remember users' settings (e.g. language
preference) and for authentication. Users can control the use of cookies at the
individual browser level. If you reject cookies, you may still use our website,
but your ability to use some features or areas of our website may be limited.

We partner with a third party to either display advertising on our website or to
manage our advertising on other sites. Our third party partner may use
technologies such as cookies to gather information about your activities on this
website and other sites in order to provide you advertising based upon your
browsing activities and interests. If you wish to not have this information used
for the purpose of serving you interest-based ads, you may opt-out by clicking
here (or if located in the European Union click here). Please note this does not
opt you out of being served ads. You will continue to receive generic ads.

You may click here to review our Cookie Policy.

What We Do with Your Information

We may use your personal information to:

 * Fulfill your registration/order/purchase
 * Send you an order confirmation
 * Send you requested product or service information
 * Respond to customer service requests
 * Administer your account for proper functionality of our tools
 * Send you a newsletter
 * Send you marketing communications
 * Call you for sales or support purposes
 * Respond to your questions and concerns through our email and ticketing
   Zendesk service
 * Facilitate your communication with other users
 * List you in our member directory made available only to other members

 

In order to serve you better and deliver the features you like most, we may
conduct research on customer interests, behavior and demographics, based on the
personal data we have collected. This research will be studied and analyzed on
an aggregate basis, which means it will not identify you personally. Hence, it
is considered non-personal data under our privacy policy.

Period of Storage

Your personal data will be kept for no longer than is necessary for the specific
purposes for which the personal data are processed. More precisely, personal
data is kept as long as actions to Benchmark are necessary with regard to the
purpose(s) of the processing of personal data.

Using Our Email Service

You can import contacts from various CRM systems and other email account address
books to populate your email recipient lists. We collect the username and
password for the account you wish to import your contacts from and will only use
it for that purpose.

When sending emails via our service, we maintain strict privacy for all your
data. Hence, if you upload or create an email list and store it online, and
decide to purge or delete those email addresses, we do not keep them on our
servers. They are gone forever, so please take note to export your data before
you delete it if you may need to use it in the future.

While we may review your list when you upload it, just to make sure it's opt-in,
we do not monitor or review the content beyond that first stage.

Also, when you create or upload an email list and store it with our service, we
do not sell, rent or give away the data on your list. That data is yours and
yours alone, we merely store it for you when you use our service.

Regarding 3rd Party Data Processes through Our Email Service

Benchmark collects information under the direction of our customers, and has no
direct relationship with the individuals whose personal data it processes as
part of providing the Service. We may transfer personal information to companies
that help us provide our service. Transfers to subsequent third parties are
covered by the service agreements with our customers.

An individual who seeks access, who seeks to correct, amend, delete inaccurate
data or withdraw consent to further contact should direct his/her query to the
Benchmark customer they interact with directly (the data controller). If a
Benchmark customer requests that we remove personally identifiable information
on their behalf, we will respond to their request within 30 days.

Google Workspace APIs are not used to develop, improve, or train generalized AI
and/or ML models.

Benchmark will retain personal data we process on behalf of our customers for as
long as needed to provide services and as necessary to comply with our legal
obligations, resolve disputes, and enforce our agreements.

When and How We Share Your Information

Benchmark does not sell or market your personal information to third parties.

We may provide your personal information to companies that provide services to
help us with our business activities such as offering customer service. These
companies are authorized to use your personal information only as necessary to
provide these services to us.

Benchmark will only disclose your data, the content of your private
communications, or the contact information of your recipients if required to do
so by law, or as otherwise stated in this Statement, or in the good faith belief
that such action is necessary to: (1) conform to the edicts of the law or comply
with legal or bankruptcy process served on Benchmark; (2) protect and defend the
rights or property of Benchmark and others, including among other things to
enforce our Terms of Service; (3) act under exigent circumstances to protect the
personal safety of its members or the public; (4) to correct technical problems
and malfunctions in how we provide our service to you and to technically process
your information; (5) to take precautions against liability; (6) to respond to
claims that information you have submitted to Benchmark has violated the rights
or interests of a third party; or (7) as permitted by law or to provide
information to law enforcement agencies.

Also, certain technical processing of email messages and their content that are
required for: (1) sending and receiving messages; (2) conforming to connecting
networks' technical requirements; (3) conforming to the limitations of the
Service; or (4) other similar technical connecting requirements.

It is possible that as we continue to develop our business, Benchmark may be
acquired. In such a transaction, your information may be transferred to the
acquiring entity. Should this happen, you will be notified via email and a
prominent notice on our Web site for 30 days prior to a change of ownership or
control of your personal information. If as a result of the business transition
your personally identifiable information will be used in a manner materially
different from that stated at the time of collection, you will be given choice
consistent with our notification of changes section.

Using sign-in services such as Facebook Connect, Twitter, Google and others, you
may leave comments on our blog, reviews in our Marketplace, and Benchmark
customers can integrate social media features into email campaigns. These
services will authenticate your identity and may give you the option to post
information about your activities on this Web site to your profile page to share
with others within your social network.

Third Party Contracts and Understandings

The following is required to be stipulated in contracts between third parties
and Benchmark in order to be compliant with Privacy Shield framework’s Onward
Transfer Principle.

Contracts must be in place with all third parties to whom the company will have
personal data (received under Privacy Shield) be processed.

Wherein “Processing” means any operation or set of operations which is performed
upon personal data, whether or not by automated means, such as collection,
recording, organization, storage, adaptation or alteration, retrieval,
consultation, use, disclosure or dissemination, and erasure or destruction.

Contracts must be in place with all third parties to whom the company will
transfer personal information received under Privacy Shield to.

For transfers to third parties not acting as a service provider (e.g.,
controllers):

• Wherein, “Controller” means a person or organization which, alone or jointly
with others, determines the purposes and means of the processing of personal
data.

1. Contract must be in place specifying and limiting data processing purposes
consistent with the Individual’s consent.

2. Ensure the third party complies with the obligations associated with the PI
(privacy information), and same level of privacy protections are in place.

3. Contractually require the third party to provide notice if they are no longer
to meet with the obligations associated with the data, and to either cease
processing or remediate.

*Contract is not required if transferring data within a controlled group of
entities and another mechanism such as BCRs** or intra-group agreements are in
place.

Transfer to third parties who are service providers (e.g., processors):

1. Contract must specify and limit the purposes of processing, and act only on
instruction of the transferring organization (e.g., the controller).

2. Take reasonable steps to ensure service providers act only as instructed and
put in place appropriate safeguards to protect information.

3. Contractually require the service provider to provide notice if they are no
longer to meet with the obligations associated with the data, and to either
cease processing or remediate.

4. Assist, as appropriate, in responding to individual’s requests around notice,
choice, access, and privacy-related complaints. Specify this requirement, as
appropriate, in the contract.

5. Require that the service provider require its sub-processors to comply with
the obligations associated with PI they are processing.

*Upon notice, the company must stop and remediate any unauthorized processing by
the service provider.

User Access and Preferences

Upon request Benchmark will provide you with information about whether we hold,
or process on behalf of a third party, any of your personal information. To
request this information please contact us at support@benchmarkemail.com.

If your personal information changes, or if you no longer desire our service,
you may correct, update, amend or delete/remove certain information by making
the change in your user account settings portal, by emailing our Customer
Support at support@benchmarkemail.com or by contacting us by telephone or postal
mail at the contact information listed below. We will respond to your request to
access within 30 days.

Benchmark acknowledges that you have the right to access your personal
information. Benchmark has no direct relationship with the individuals whose
personal data it processes. An individual who seeks access, or who seeks to
correct, amend, or delete inaccurate data should direct their query to the
Benchmark Client (the data controller). If requested to remove data we will
respond within a reasonable timeframe.

We will retain your information for as long as your account is active or as
needed to provide you services and as necessary to comply with our legal
obligations, resolve disputes, and enforce our agreements. If you wish to
subscribe to our newsletter, we will use your name and email address to send the
newsletter to you. We may also send our customers promotional emails
occasionally. Out of respect for your privacy, you may choose to stop receiving
our newsletter or marketing emails by following the unsubscribe instructions
included in these emails, accessing the email preferences in your account
settings page or you can contact us at support@benchmarkemail.com.

Security

The security of personal information is important to us. When you enter
sensitive information (such as a credit card number) on our site, we encrypt the
transmission of that information using secure socket layer technology (SSL). Our
Service platform is also encrypted to protect the integrity of our customers'
information.

We follow generally accepted standards to protect the personal information
submitted to us, both during transmission and once we receive it. Benchmark
Email uses up to TLS 1.3 for our email transmission with any mailbox providers
that support it. No method of transmission over the internet, or method of
electronic storage is 100% secure, however.Therefore, we cannot guarantee
absolute security. If you have any questions about the security of your data or
our policies, you can contact us at support@benchmarkemail.com.

If you have an unresolved privacy or data use concern that we have not addressed
satisfactorily, please contact our U.S.-based third-party dispute resolution
provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Public Profile

The profile you create on our site will be publicly accessible unless otherwise
indicated. You may change the privacy settings of your profile through your
account portal.

Links to Other Websites

Benchmark Email's web site, or messages created with Benchmark, may contain
links to other Websites. Benchmark is not responsible for the privacy practices
or the content of such Websites. Third parties may independently collect
information about you when you view ads or other communications from third
parties through Benchmark products or services. If you submit personal
information to any of those sites, your information is governed by their privacy
policies. If you do not want those companies to collect information about you,
please contact them directly. We encourage you to carefully read the privacy
policy of any Web site you visit.

Additionally, our web site includes Social Media Features, such as the Facebook
Like button, Tweet button, "Share This" and other interactive mini-programs that
run on our site. These Features may collect your IP address, which page you are
visiting on our site, and may set a cookie to enable the Feature to function
properly. Social Media Features and Widgets are either hosted by a third party
or hosted directly on our Site. Your interactions with these Features are
governed by the privacy policy of the company providing it.

Benchmark Policy Changes

As with any business, we reserve the right to make changes to our privacy
statement, policies and practices. Should this happen, we will notify you or our
Client at least 30 days before those changes take place by email (sent to the
email address specified in your account) or by means of a notice on this Site
prior to the change. If these new policies and practices reflect something
different than what we're already doing, we'll give you the choice, at least 30
days in advance of those changes, to either continue with us or cancel your
service and go elsewhere.

Contact Us

Benchmark Email
3636 S. Geyer Road, Suite 100
St Louis, MO 63127
Phone: 866-991-4888 x116



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