Privacy Policy

Effective: January 14, 2020

 

This Privacy Notice applies to BenchMade Modern, LLC in the U.S. BenchMade Modern respects your privacy and in this Privacy Notice describes our current privacy practices with respect to the collection and use of your personal information, and your choices with respect to our use and collection thereof. This statement applies to the information we obtain from and about individuals interacting with BenchMade Modern website, mobile applications, social media sites, microsites or other digital properties (collectively, the "Site" unless otherwise noted), products and services; however, it does not apply to job applicants or employees. Capitalized terms not defined in this Privacy Notice are set forth in the Terms of Service.

By using the Site, or sharing your information with us, you accept the privacy practices described in this Privacy Notice.

 

Governing Law

Unless otherwise indicated herein, our website is governed and operated in accordance with the laws of the United States and is intended for the use of residents of the United States.

 

Address

BenchMade Modern, LLC.

4501 Mountain Creek Pkwy, Dallas, TX 75236 

 

Customer Service

Email: info@benchmademodern.com 

Subject: "Contact Us Form: Customer Service"

Phone: 415-930-4400

 

Personal Data Management Contact

Email: info@benchmademodern.com 

Subject: "Contact Us Form: Personal Data Management"

For issues regarding the Site, you may contact us by using this link.

 

Changes to Our Privacy Notice

We may make changes to this Notice from time to time, in our sole discretion. When we do, we will update this page and display the date of last update at the top of the page. We encourage you to periodically check this Site to learn about the information we collect, use, and share. Your continued use of any of the Site after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Site under the new version of the Notice, please uninstall any mobile application and cease using the Site.

 

Sources of Personal Information

As you interact with BenchMade Modern, we may collect information from or about you from the following sources: 

    • Directly from you
    • From technology when you visit our Site
    • From third parties, such as:
      • Dealers and resellers
      • Service providers
      • Data brokers/resellers of data
      • Business partners
      • Advertising networks
      • Social media platforms and networks

 

What Information Do We Collect and/or Receive from You?

The information we collect from you varies, depending on the way you use our Site or interact with us. The information may include: 

    • Identifiers, such as name, shipping/billing address, telephone number, email address, IP address; browser type and language; operating system; domain server; type of computer or device; and other information about the device you use to access our Site
    • Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
    • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Site or advertisements
    • Geolocation data
    • Audio or electronic information, such as recording calls made to our customer service center
    • Inferences drawn from any of the information above used to create a profile about our customers

 

How Do We Use Your Information? 

We use your information identified above for the following business purposes: 

    • For our own internal business purposes, such as maintaining or servicing accounts, providing customer service, processing or fulfilling order and transactions, verifying customer information, processing payments, providing financing, and performing analytics 
    • Internal research for research, development, and product improvement
    • Verifying or maintaining the quality or safety of a service or product and to improve, upgrade, or enhance the service or product
    • Short-term transient use, such as customization of ads shown as part of the same interaction
    • Auditing related to a current interaction with the consumer and concurrent transactions
    • For legal, safety, and security reasons
    • For marketing or advertising
    • In a de-identified or aggregated format
    • For services of third parties that you authorize

 

With Whom Do We Share Your Information? 

We may share information collected about you with the following entities or in the following situations: 

    • Affiliated Companies. We may share some or all of your information to affiliates within BenchMade Modern.
    • Service Providers. We may share your information with service providers to perform functions and services on our behalf, to deliver our products or services, and/or to conduct our business, such as product delivery services, payment processors, data hosting and storage providers, customer service, marketing, and data analytics service providers.
    • Corporate Changes. We might buy or sell businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the information we collect may be part of the transferred assets.
    • For Legal, Safety, and Security Reasons. We may disclose information to others if we are required to do so by law, or whenever we believe that disclosing such information is necessary or advisable to protect and defend our rights, property, or the safety of us or others. Note that we 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. We may also disclose your information to detect and/or resolve any fraud or security concerns.
    • For Targeted Marketing. We may share personal information that we hold about you with non-affiliated third parties for marketing of similar products or services.
    • Consent. We may share personal information that we hold about you with your consent or at your direction with non-affiliated third parties.

HOSTING

Our store is hosted with Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through their data storage, databases and the general application. They store your data on a secure server behind a firewall.

 

TEXT MARKETING TERMS AND CONDITIONS

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions. By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

Your phone number, name and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with office at Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

 

PAYMENT

Our payment system is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

COOKIES AND OTHER TRACKING TECHNOLOGIES

We use cookies and other tracking technologies, including Google Analytics and Facebook Conversion Tracking, as described below. If you previously accepted cookies in our banner and directed us to share your information, you may change your preference by contacting us at info@benchmademodern.com

Our Site does not currently support Do Not Track. Our Site does not respond if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads.

 

How We Use Cookies and Similar Technology 

We use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with the Site through your computer or mobile device. Cookies are small data files that are often stored on one's computer each time one visits a new website. Cookies may store unique identifiers, user preferences, and other information. We may use cookies for various purposes, including to: facilitate the sign in process to the Site; authenticate users; personalize your experience when visiting a Site; and analyze which portions of the Site are most visited or used. We use cookies to help personalize your experience when visiting the Site. These cookies also help to uniquely identify your computer for security purposes and may enable us and our third-party service providers to serve ads on our behalf across the Internet. You may opt to set your browser to refuse cookies or indicate when a cookie is being sent. For more information about how to do this, and about cookies in general, you can visit www.allaboutcookies.org. However, refusal of cookies may affect the experience at the Site.

 

Google Analytics 

We use or may use third-party analytics services, such as Google Analytics, Facebook Pixels, Pinterest Pixels to evaluate your use of the Site, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information related to the Site. Google Analytics is a web analytics service provided by Google, LLC, (“Google”). Google Analytics places cookies on your computer to help the website analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, compile reports on website activity for website operators and provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information regarding Google Analytics, please visit Google's website and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

 

YOTPO  

We use or may use third-party analytics services, such as YOTPO to evaluate your purchases on the site and send you a review request via email. Should you review the product you purchased, we might post your review on the Site citing your first name and last initial. 

 

Instagram  

We use or may use third-party analytics services, such as Instagram to evaluate your posts using BenchMade Modern imagery. Should you post something with the hashtag #benchmademodern, we might use your post in our marketing materials. 

 

Facebook Conversion Tracking/Custom Audience 

The Site also uses Facebook's Conversion Tracking or Custom Audience Pixel service. The service allows us to follow the actions of users after they are redirected by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data is saved and processed by Facebook. If you previously accepted cookies in our banner and directed us to share your information, you may change your preference by contacting us at info@benchmademodern.com.

 

Standard Open Authorization and Similar Technology (“OAuth”) 

With your permission, in addition to the uses of or access to your Personal Information discussed above, third-party applications and services may access your personal information using OAuth if you choose to log into our Site using your log-in information from those third-party applications. We may also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.

 

Your Access and Choices About Your Information 

You can access and update most of your account information on our Site by logging into your account.

You may opt out of receiving certain future email communications from us by clicking on the unsubscribe link at the bottom of emails you receive from us. We will use commercially reasonable efforts to process such requests in a timely manner. You cannot opt out of receiving transactional emails or communications related to your account with us.

You may also contact us at the email provided in this Privacy Notice.

 

Third-Party Websites 

We are not responsible for the practices employed by third-party websites or services linked to or from our Site, including the information or content contained in such websites or services, and this Privacy Notice does not apply to them. Privacy policies on such linked websites may be different from our Privacy Notice. Your browsing and interaction with any third-party website or service, including those that have a link on our Site, are subject to that third party’s own rules and privacy policies. You access such linked websites at your own risk. You should always read the privacy notice of a linked website before disclosing any of your information on such website.

 

How We Protect Your Information 

We use reasonable physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100 percent secure environment and no security system or measures are impenetrable, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means. You should secure your password and not share it with any other individual. Be careful when using your login information on or making purchases from public computers. Always log off when finished.

 

Children's Privacy 

The Site is not directed or targeted towards, nor intended for use by, persons under the age of 16. If you are not at least 16 years of age, do not access, use, or register on the Site. We do not knowingly collect, use, share or sell Personal Information from persons under age 16. If you believe we have done so in error, please notify us and we will terminate and delete your account and all information contained therein.

 

YOUR CALIFORNIA PRIVACY RIGHTS 

As a California resident, you have certain rights, subject to legal limitations, regarding the collection, use, and sharing of your personal information described below. 

  1. Right to Opt Out/Do Not Sell

    We do not monetize your information. We may disclose the information identified above to third parties for their targeted marketing purposes and to enhance your experience on our Site. California Consumers have the right to request that we not disclose your personal information to third parties.

    You can exercise your Request to Opt Out here: Data Subject Right to Opt-Out Request, or you can call (415) 930-4400. We will ask you for your personal information or information about you in order to match you with the data we have collected before executing the request.

    To opt out of online activity tracking and data sharing (through cookies and other tracking technologies), our web properties will offer you an option to set preferences for online data sharing, or you can contact us at info@benchmademodern.com .

  2. Right to Delete

    California Consumers have the right to request that we delete personal information about you that we have collected from you. This right is subject to exceptions that allow us to retain data; for example, to service a contract or for our internal business purposes. We will not delete data subject to an exception. If you make a Request to Delete non-excepted data, we will not delete personal information on archived or backup systems until the archived or backup system is next accessed or used by restoring such data to live systems. We will also maintain a record of the Request to Delete as permitted by law.

    You can exercise your Request to Delete here: Data Subject Right to Delete Request, or you can call (415) 930-4400. We will seek confirmation of your request.

    For a Request to Delete, we will seek certain pieces of information to verify your identity that may include email address and government issued identification. We may use third party verification companies to help us verify your identity. If we are unable to find you in our records, or match the data you provide on this website with what we have in our records, we will notify you.

  3. Right to Know

    California Consumers have the right to request that we disclose personal information that we have about you. You can request that we provide you with the categories of personal information we have collected in the 12 months preceding your request, at a minimum, and for each category: the categories of sources from which the personal information was collected; the business or commercial purpose for which we collected the personal information; the categories of third parties to whom we sold or disclosed the category of personal information for a business purpose; and the business or commercial purpose for which we sold or disclosed the category of personal information. You can also request that we provide the specific pieces of personal information that we have about you.

    For a Request to Know the specific pieces of information that we have about you, we will seek certain pieces of information to verify your identity that may include email address and government-issued identification. We may also ask you to provide a signed declaration, under penalty of perjury, that you are the person whose personal information is the subject of the request. We may use third party verification companies to help us verify your identity. If we are unable to verify your request for specific pieces of information, we will treat it as a request for categories of personal information we have collected from you.

    For a Request to Know seeking the categories of information we have collected, we may seek certain pieces of information to verify your identity that may include email address and government-issued identification. We may use third party verification companies to help us verify your identity. If we are unable to verify your request for categories of information we have collected, we will direct you to the data handling practices in our online privacy statements.

    You can exercise your Request to Know here: Data Subject Right to Know Request, or you can call (415) 930-4400. California Consumers can submit a Request to Know twice in a 12 month period and the report will be provided free of charge.

 

Household Request 

If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth above.

 

Use of Authorized Agent 

If you are making any of the requests above through an authorized agent, we will request written authorization from you and will seek to verify your identity in the manners stated above (depending on the request type), or we will accept a legal Power of Attorney under the California Probate Code to the authorized agent. To make a request using an authorized agent call (415) 930-4400.

 

Timing of Response 

For a Request to Opt Out, we will strive to fulfill your request within 15 days from the date we receive your request. For a Request to Delete or Request to Know, we will strive to fulfill these requests within 45 days from the date we receive your request. If additional time is needed to complete a request, we will notify you that additional time is needed, tell you the reason that we need additional time, and tell you when you can expect your request to be completed.

 

Additional Information 

We will maintain records of requests that are made that include the date of request, nature of request, manner in which the request was made, the date of our response, the nature of our response, and the basis for any denial of the request if it is denied in whole or part.

 

Contact for More Information 

If you have questions about your California Privacy Rights or concerns about our privacy statement and practices, please contact us at info@benchmademodern.com .

 

Non-discrimination 

In accordance with applicable law, we will not discriminate against you for exercising your rights.

Under California’s "Shine the Light" law, Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain once a calendar year information about the customer information shared, if any, with other businesses for their own direct marketing uses. As set forth in this Privacy Notice, we do not share customer information with third parties for their own direct marketing uses.

 

BenchMade Modern as Controller 

BenchMade Modern obtains and processes personal information in different capacities. When you provide us with your information through our Site or to use our Services, we serve as a data controller. When we act as a data controller we determine how personal information will be utilized, in accordance with this Privacy Notice.

 

Our Legal Basis for Processing Your Personal Data 

We process the personal information you provide relating to the services and Site to perform our contractual obligations to provide you products and services. We also process your personal information based on our legitimate interests to provide our products and services and Site to you, to develop and improve our products and services and Site that we provide to you, to prevent fraud, and/or comply with law enforcement requests. Where we ask for consent, we process certain personal information based on your consent.

 

Data Subject Rights Access and Control of Your Information 

We enable you to have control over the accuracy of your personal information. You can access and review your personal information by logging into the Site and visiting your account profile page. You can also exercise your data rights here: Data Subject Access Request. To protect your privacy, before we give you access to or let you update your information, we may ask you to verify your identity or provide additional information. We will try to update and allow you to access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will disclose the fee before we comply with your request. We may reject a request for any of a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful.

 

Right to Rectification 

You have the right to correct your personal data if incorrect, which also includes the right to have incomplete personal data completed. You can do so by logging into your account and deactivating any incorrect or incomplete information and adding the corrected and/or completed information. You can also exercise your data rights here: Data Subject Access Request.

 

Data Portability 

When we process your personal data by automated means that you have provided to us based on consent or through a contract, you have the right to get a copy of that data in a structured, commonly used and machine-readable format and have that transferred to you or to third party.

 

Right to Restriction of Processing 

You have the right to request that we restrict the processing of your personal information: 

    • During the pending period of time where we verify the accuracy of any personal data that you claim is inaccurate
    • Where the processing of your personal data is unlawful but you oppose erasure and instead request that we restrict the use of your personal data
    • If we no longer need your personal data but it is required for you to make or defend legal claims
    • During the pending period of time where we verify our legitimate interest to process your data when you object to such processing

 

Erasure of Personal Data 

You have the right to delete the data collected through our Site and can do so by logging into your account and either deleting your account or deleting the specific personal data. There may be instances where we may not be able to delete your data or where we retain a copy of your data, for example, where we may need it to comply with a legal obligation or to protect the rights of others.

 

How Long We Keep Your Personal Data 

We retain your personal data for as long as necessary to provide the products, services and Site to you. We will retain and use this information as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and then we will delete it.

 

How to Exercise Your Rights 

In order to exercise the rights stated above, please contact BenchMade Modern here: Data Subject Access Request. You can also exercise many of your data rights through your account.

 

Right to Complain to Supervisory Authority

If you believe that BenchMade Modern is processing your personal data in an incorrect or unlawful manner, please exercise your data rights here: Data Subject Access Request.