Last updated: 11/9/2020
If you are a resident of California, please see the “California Consumer Privacy Act” section, below.
WHAT INFORMATION IS COLLECTED BY BENCH?
Any time you make a purchase, enter a contest, complete a ballot or otherwise provide personal information to Bench, it is collected, used and disclosed by Bench for various purposes as described herein. Moreover, every time you visit the Site, the following information is automatically obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other “click stream” data. This information is stored in our log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e-mail address, home and work addresses, telephone and fax numbers and any plain text commentary. Additionally, the complete record of your actions at the Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers. As previously stipulated, we will also collect personal information from you when you provide your personal information to us, such as by completing an entry form to participate in a contest, ballot, promotion or survey, whether online or at one of our retail stores, by signing up for our newsletter (if any), by communicating with us by telephone, e-mail, in-store or otherwise, by setting up a user account and password, logging in as a registered user of the Site and providing information in your account(s). As a result of these actions, you might supply us with personal information, such as your name, date of birth, e-mail and postal addresses, telephone number(s), credit card information, product interest information and financial information and in certain circumstances, your opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from other present and future Bench Affiliates. In light of the importance of protecting children’s privacy, we do not intend the Site for child audiences, and we do not collect, process or use on our Site any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the “Contacting Us” section below for such purpose.
HOW IS MY PERSONAL INFORMATION USED?
In order to better serve you, we may combine information you give us online, in our stores, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device) e-mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:
(i) Process your order and answer questions about the status of your order;(ii) Send you or your friends, relatives, and associates, products that you have ordered;(iii) Maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs and preferences as well as to develop customer profiles based thereon and to communicate special offers from Bench concerning our products and services;(iv) Develop, improve, market and provide our products and services and manage our business;(v) Compile information related to loyalty and earned rewards points you may be entitled to in respect of your on-line and in-store product purchases; and (vi) Help us to meet applicable legal and regulatory requirements.
We also use information collected from our Site to measure interest in the various areas of our Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described in this Policy, any personal information that we disclose to third parties is done in the aggregate on a non-personally identifiable basis and is used primarily to identify demographic data regarding our customers.
TO WHOM MAY MY PERSONAL INFORMATION BE DISCLOSED?
We will not disclose your personal information to any non-affiliated third party without your prior consent, other than as provided below:
- We may disclose your personal information to any Bench Affiliates, so that they may communicate with you (whether by e-mail, telephone, post or otherwise) and provide you with promotional materials and additional information about their products, services, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by this Policy.
- In the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Policy.
- We may transfer personal information to non-affiliated third parties for processing on our behalf (such as fulfillment services, order processing, customer support, technical support, delivery services and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service. You acknowledge that, in the event that a third party processor is located in the United States, your personal information may be processed and stored in the United States and that United States federal or state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state laws of the United States.
- We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of Bench and any Bench Affiliates.
Our website does not respond to or recognize “do not track” signals or other mechanisms that allow you to control the collection of personally identifiable information about your online activities over time and across third-party websites and online services.
HOW DO I EXERCISE MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATIONS?
You always have the right to direct us not to share your information with third parties (see “How do I exercise my choices about the collection, use and disclosure of my personal information?” below). With regard to the collection and disclosure of aggregate information however, please note that you will not be able to opt out as this information simply reflects statistical analysis of various aspects of Site usage and does not include personally identifiable information.
HOW DO I EXERCISE MY CHOICES ABOUT THE COLLECTION, USE AND DISCLOSURE OF MY PERSONAL INFORMATION?
By using this Site, making a purchase, entering a contest, completing a ballot or otherwise providing personal information, you consent to our collection, use, and sharing of your personal information for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as follows. You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may prevent you from purchasing items from our Site or participating in our contests. You may also choose only to submit information constituting required fields when making purchases or completing contest entries. In addition, you may choose to limit how we use your personal information by not allowing us to share such information with third parties. In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently “opt-out” at any time, subject to legal or contractual exceptions or restrictions and reasonable notice, by contacting our privacy officer as described in the section entitled “Contacting us” below, or by following the “opt-out” instructions provided in the promotional materials sent to you. Our privacy officer will also be able to provide you with more information regarding the implications of withdrawing consent. In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e-mail address you used when you signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to two (2) weeks to process your request, during which period you may continue to receive communications from Bench. If you prefer not to receive promotional information from Bench, please follow the unsubscribe instructions set out in our communications with you.
HOW CAN I ACCESS OR CHANGE MY PERSONAL INFORMATION OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO THIS POLICY AND BENCH’S PRIVACY PRACTICES?
You are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our privacy officer in writing (see “Contacting us” below). BENCH WILL REMOVE ANY OF YOUR PERSONAL INFORMATION FROM OUR DATABASE WITHIN A REASONABLE PERIOD OF TIME PURSUANT TO A WRITTEN REQUEST FROM YOU UNLESS THE INFORMATION MUST BE RETAINED TO COMPLY WITH APPLICABLE LAWS OR REGULATIONS. IN THE EVENT SUCH REQUEST IS SENT BY E-MAIL, PLEASE IDENTIFY YOUR FULL NAME AND PLEASE TYPE “REMOVE REGISTRANT” IN THE SUBJECT LINE OF YOUR E-MAIL. You can also contact our privacy officer for any questions about or to make any complaint in relation to this Policy, as well as to Bench’ privacy practices in general (see the “Contacting us” section below).
HOW LONG IS MY PERSONAL INFORMATION RETAINED?
We will keep your personal information only as long as is reasonably necessary for the purposes described in this Policy or such longer period as may be required by applicable law.
HOW SECURE IS MY PERSONAL INFORMATION?
We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every Bench employee, mandatary or agent must abide by this Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences. Bench also strives to offer its customers a secure shopping environment. WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
CALIFORNIA CONSUMER PRIVACY ACT
The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding their personal information that is collected by businesses, including the right to request that a business disclose what personal information it has collected about them, the right to request the deletion of personal information collected from them, the right to opt-out of the sale of their personal information (if the business sells personal information), and the right not to receive discriminatory treatment for exercising any of their privacy rights under the CCPA. These rights apply only to California residents. Any terms defined in the CCPA (Cal. Civ. Code Section 1798.140) have the same meaning when used in this section.
RIGHT TO KNOW
You may request that we disclose to you the following information covering the preceding 12 months:
(1) The categories of personal information we have collected about you;
(2) The categories of sources from which the personal information was collected;
(3) The business or commercial purpose for collecting or selling personal information;
(4) The categories of third parties with which we share personal information;
(5) The categories of personal information about you that we have sold and the categories of third parties to which the personal information was sold;
(6) The categories of personal information about you that we have disclosed for a business purpose and the categories of third parties to which the personal information was disclosed;
(7) The specific pieces of personal information we have collected about you.
You may request the disclosure of the information listed above by calling our toll-free number at
1-866-240-2808 or submitting a request to firstname.lastname@example.org. Such a request may be referred to as a “right to know” request. In the request, please specify whether you are seeking information about categories of personal information and/or specific pieces of personal information. Pursuant to California law, we will verify your identity before complying with any such request. We will require you to provide personal information in order to verify your identity, such as your first and last name, billing address, and the last four digits of the credit card used on your most recent purchase. For requests to know specific pieces of information that we have collected, we may also ask you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
You also have the right to be informed, at or before the point of collection, as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. We will not collect additional categories of personal information or use personal information collected for additional purposes without providing you with notice consistent with this section.
RIGHT TO DELETE
You have the right to request that we delete any personal information about you that we have collected from you, and that we direct any service provider to delete such personal information from its records. Such a request may be referred to as a “request to delete.” However, pursuant to the CCPA, your information may not be deleted under certain circumstances, including where maintenance of your personal information is necessary to: complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, to provide a good or service that you requested or that is reasonably anticipated within the context of your ongoing business relationship with us, or to otherwise perform a contract between us and you; to detect security incidents, protect against or prosecute fraudulent or illegal activity; to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; to comply with a legal obligation; or to otherwise use your information internally in a lawful manner that is compatible with the context in which you provided the information. For more information about these and other situations in which we may not delete your information, please see Cal. Civ. Code Section 1798.105(d).
You may request the deletion of such person information by calling our toll-free number at 1-866-240-2808 or submitting a request to email@example.com In the request, please specify that you are requesting the deletion of personal information. Before deleting such personal information, we will verify your identity, as required by the CCPA. We will require you to provide personal information in order to verify your identity, such as as your first and last name, billing address, and the last four digits of the credit card used on your most recent purchase.
You may use an authorized agent to submit a right to know request or a request to delete. To use an authorized agent, you must provide the agent with signed permission. In addition, you may be required to verify your own identity with us and confirm that you provided the agent with permission to submit the request. We may deny a request from an agent that does not submit proof that the agent has been authorized by you to act on your behalf. Such requirements, however, will not apply where you have provided the agent with power of attorney pursuant to Cal. Prob. Code Sections 4121 to 4130.
SALE OF PERSONAL INFORMATION
We do not sell consumers’ personal information and have not sold consumers’ personal information (including personal information about consumers under 16 years of age) to third parties in the preceding 12 months.
RIGHT TO NON-DISCRIMINATION
California residents have the right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA.
In the preceding 12 months, we have collected the following categories of personal information about California residents:
- Identifiers such as 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. This category includes information such as real names, IP addresses, online identifiers, email addresses, postal addresses, and account names.
- Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80. This category includes information such as names, telephone numbers, addresses, and credit card information.
- Characteristics of protected classifications under California or federal law. This category includes people’s age and gender.
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. This category includes products purchased, obtained, or considered.
- Biometric information. This category includes information such as voice recordings and facial images.
- Internet or other electronic network activity information. This category includes analytic and functional cookies and browsing histories.
- Geolocation data.
- Audio, electronic, visual, thermal, olfactory, or similar information. This category includes information such as voice recordings, photographs, and electronic communications.
- Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We collect this personal information from the following categories of sources: consumers; social media channels; browsers; affiliates; and business partners.
We collect this information for the following business or commercial purposes: to complete transactions or fulfill consumer requests; website functionality; marketing and advertising; analytics; customer service.
In the preceding 12 months, we have disclosed for a business purpose the categories of personal information listed above to the following third parties: shipping and logistics partners; payment processors; customer service partners; website and technical support partners; data analysis partners; marketing and advertising partners; and affiliates.
NOTICE OF FINANCIAL INCENTIVES
We offer certain financial incentives for the collection of consumers’ personal information. Specifically, we offer discounts of approximately 10-15% to consumers who sign up to receive our email newsletter. We collect the email addresses, first and last name, gender, age, birthday, shopping preferences, and social media accounts of consumers who sign up. Consumers can sign up for our email newsletter by entering their email address and other information into an online form on the website. A consumer may withdraw from the email newsletter at any time by clicking on the “unsubscribe” link in the email newsletter or by contacting customer service via email at firstname.lastname@example.org or telephone at 1-866-240-2808.
In the future, we may establish a loyalty program through which members may receive certain discounts or other incentives for shopping with us.
California Shine the Light Law
California Civil Code Section 1798.83 permits California residents to annually request that companies with which they have an established business relationship disclose the categories of personal information they have shared with third parties for those third parties’ direct marketing purposes over the preceding calendar year and details about the third parties to which such information has been disclosed. You may request this information free of charge by emailing us at email@example.com or writing to us at Freemark Apparel Brands International Inc. 5640 Pare, Montreal, Quebec H4P 2M1, Canada, Attn: Customer Service
If we decide to change our Policy, we will post these changes on our Site so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Following the posting of such changes, you will be bound by such changes unless you advise us in writing, by phone or by e-mail that you wish to withdraw your consent (as per the procedure outlined above). However, if our changes affect the use or disclosure of your previously collected personal information, we will obtain your opt-in consent before such changes are implemented. You are responsible for regularly reviewing this Policy and any changes there to.
OUR SITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT OPERATED BY BENCH. THIS POLICY DOES NOT APPLY TO THE PRACTICES OF THIRD PARTIES AND BENCH DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY PRACTICES OR FOR THE PRIVACY PRACTICES OF THE WEBSITES THAT IT DOES NOT OPERATE. BY USING OUR SITE AND/OR ACCESSING A THIRD PARTY’S WEBSITE FROM OUR SITE, YOU RELEASE BENCH OF ANY RESPONSIBILITY FOR THE ACTIONS, PRACTICES AND OMISSIONS OF THIRD PARTIES. BY CLICKING ON ANY HYPERLINKS TO OTHER WEBSITES FROM OUR SITE. YOU MAY AUTOMATICALLY SUBMIT TO THE PRIVACY PRACTICES OF THOSE WEBSITES. PLEASE CHECK THE PRIVACY POLICIES OF THESE THIRD PARTY WEBSITES. IN NO EVENT SHALL BENCH OR ANY BENCH AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY THOSE WEBSITES.
CONTACTING US BY E-MAIL
CONTACTING US BY POST MAIL
Freemark Apparel Brands International Inc.
Montreal, Quebec H4P 2M1
Attn: Customer Service