This Privacy Policy (the “Policy”) governs the manner in which Benchmarketing, Inc., a Delaware corporation (“Benchmarketing,” “Company,” “we,” “us,” or “our”), collects, uses, maintains, and discloses Personal Data (as defined below) of users (“you” or “Users”) of the Benchmarketing platform, located at https://www.benchmarketingapp.com, including all associated services, subdomains, applications, APIs, and tools (collectively, the “Service”).
By accessing or using the Service, you accept the practices described in this Policy. If you do not agree with this Policy, please refrain from using the Service.
1. Definitions
- “Personal Data” refers to any information that identifies or relates to an identifiable individual as defined under applicable data protection laws including the General Data Protection Regulation (EU) 2016/679 (“GDPR”), UK GDPR, California Consumer Privacy Act (“CCPA”), California Privacy Rights Act (“CPRA”), and other similar statutes.
- “Processing” means any operation performed on Personal Data, whether by automated means or not.
- “Data Subject” is the individual to whom the data relates.
- “Controller” and “Processor” have the meanings given in the GDPR.
2. Categories of Personal Data We Collect
a. Information You Provide Directly
- Full name
- Company name and title
- Email address
- Phone number
- Login credentials (email/password)
- Payment and billing information
- User-submitted campaign performance metrics and benchmarks
- Communications (support inquiries, surveys, feedback)
b. Information Collected Automatically
- Device and browser information (IP address, OS, browser type)
- Session activity logs
- Site navigation patterns, time spent, click behavior
- Cookies, beacons, and similar tracking technologies
c. Information from Third-Party Integrations
With your permission, we may collect data via:
- Connected ad accounts (e.g., Google Ads, Meta Ads)
- Analytics platforms (e.g., Google Analytics, LinkedIn Ads)
- CRMs or marketing automation tools (e.g., HubSpot, Segment)
We only collect and use this data to provide benchmarking, analytics, and actionable insights.
3. Legal Bases for Processing
Benchmarketing processes your Personal Data under the following lawful bases:
- Consent (GDPR Art. 6(1)(a)) – For non-essential cookies or promotional messaging.
- Performance of a contract (Art. 6(1)(b)) – To deliver the Service to registered users.
- Compliance with legal obligations (Art. 6(1)(c)) – For tax, audit, or law enforcement requests.
- Legitimate interest (Art. 6(1)(f)) – To improve service functionality, security, and analytics.
4. How We Use Personal Data
We use your Personal Data to:
- Operate, manage, and deliver the Service
- Facilitate account registration, billing, and subscriptions
- Personalize your dashboard and analytics output
- Provide product updates, alerts, or support notifications
- Conduct product research and improve our offering
- Detect fraud, enforce Terms of Service, and secure the platform
- Comply with legal, tax, or audit obligations
We do not sell or share your Personal Data for cross-context behavioral advertising.
5. Sharing and Disclosure
a. With Service Providers
We engage subprocessors and third-party processors for:
- Cloud infrastructure (e.g., AWS)
- Payment processing (e.g., Stripe, Paddle)
- Customer support (e.g., Intercom)
- Email communication (e.g., Postmark, Mailchimp)
- Analytics (e.g., Mixpanel)
All processors are contractually bound via Data Processing Agreements (DPAs) and are obligated to protect your data per this Policy.
b. Business Transfers
In the event of a merger, acquisition, reorganization, or asset sale, your Personal Data may be transferred subject to strict confidentiality obligations.
c. Legal Compliance
We may disclose your data if compelled to do so by law or court order, or to:
- Comply with legal obligations
- Enforce our terms and policies
- Protect against legal liability, fraud, or threats
6. Cross-Border Data Transfers
Your Personal Data may be transferred to servers located outside your country, including to jurisdictions that may not have the same level of data protection as your home jurisdiction.
We ensure adequate protections through:
- Standard Contractual Clauses (SCCs)
- Transfer Impact Assessments
- Additional contractual, technical, and organizational safeguards
7. Data Retention
We retain Personal Data only as long as necessary for:
- Account maintenance
- Legal, regulatory, and contractual compliance
- Service and billing support
- Audit and security purposes
Inactive accounts and associated Personal Data are deleted or anonymized within 90 days of termination, unless a longer retention period is required by law.
8. Security Measures
Benchmarketing employs industry-standard safeguards to protect your data, including:
- TLS encryption for data in transit
- AES-256 encryption at rest
- Firewalls and intrusion detection systems
- Role-based access controls (RBAC)
- Multi-factor authentication (MFA)
- Routine vulnerability assessments and security testing
While we strive for maximum protection, no system can guarantee 100% security.
9. Your Rights
Depending on your jurisdiction, you may have the following rights:
| Right | Description |
|---|---|
| Access | Request a copy of the Personal Data we hold about you |
| Rectification | Correct incomplete or inaccurate data |
| Erasure | Request deletion of your data (“right to be forgotten”) |
| Restriction | Limit how your data is processed |
| Portability | Receive your data in machine-readable format |
| Objection | Object to data processing for certain purposes |
| Consent Withdrawal | Revoke consent at any time (does not affect prior lawful processing) |
To exercise any of these rights, contact us at privacy@benchmarketingapp.com.
California residents may also:
- Request to know what Personal Information we collect and how we use it
- Request deletion of their Personal Information
- Opt out of sale or sharing (we do not sell data)
- Designate an authorized agent
We will verify your identity before responding to any requests.
10. Cookies and Tracking Technologies
Benchmarketing uses cookies and similar technologies to:
- Maintain user sessions
- Analyze product usage
- Improve page load speed and performance
- Enable personalization and feature optimization
You can control cookie preferences through your browser settings or opt out of non-essential cookies through a consent banner where applicable.
11. Children’s Privacy
The Service is intended solely for use by individuals over the age of 18. We do not knowingly collect or solicit Personal Data from minors. If you believe we have inadvertently collected such data, please contact us immediately.
12. Changes to This Privacy Policy
We reserve the right to amend this Policy at any time. Updates will be posted on this page and, if material, we will notify users via email or through the Service. Continued use of the Service constitutes acceptance of the revised Policy.
If you are located in the European Union, you also have the right to lodge a complaint with your local Data Protection Authority (DPA).