Online Privacy Policy
PRIVACY POLICY - Effective July 15, 2021
We at Benchmark Climbing have worked hard to earn your trust, and we want to keep it that way. Our Privacy Policy defines our plan to protect your private information. This Privacy Policy (“Policy”) applies to www.benchmarkclimbing.com (the “Site”) and Benchmark Climbing, LLC., Benchmark Climbing San Francisco, any Benchmark climbing gyms not yet established, and any subsidiaries and affiliates (“Benchmark”, “we”, “us” or “our”) belonging to Benchmark Climbing, LLC, and describes the collection, use and disclosure of information and data we collect about users of the Site and any Benchmark facilities. By accessing the Site, or any Benchmark facilities, you agree that your personal information will be handled as described in this Policy and consent to the data practices described within this Policy. Your use of our Site, any Benchmark facilities, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The Benchmark Terms and Conditions are incorporated by reference into this Policy.
COLLECTION OF YOUR PERSONAL INFORMATION
Benchmark collects information about you directly from you (both online and in-person), as well as automatically through your use of our Site. In order to better provide you with products and services offered on our Site, Benchmark may collect personally identifiable information, including but not limited to: your first and last name, mailing address, email address, phone number, and password. If you purchase products or services from Benchmark, Benchmark will collect billing and credit card information and purchase history. This information is used to complete the purchase transaction. Benchmark may also collect anonymous demographic information, which is not unique to you, including but not limited to, your: age and gender. Please keep in mind that any information you disclose through public message boards or social media belonging to Benchmark may be collected and/or used by Benchmark or others.
You may be required to provide certain personal information to Benchmark when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) sending Benchmark an email message; (c) submitting your credit card or other payment information when ordering and purchasing products and services on our Site or within a Benchmark facility. To wit, Benchmark will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from Benchmark. Benchmark also may gather additional personal or non-personal information in the future.
USE OF YOUR PERSONAL INFORMATION
Benchmark collects and uses your personal information for the following purposes and as otherwise permitted by law: (1) provide and communicate services offered by Benchmark to you, (2) customer service purposes including responding to inquiries and comments and fulfilling purchases, (3) offer personalized information, content, services and offers, (4) marketing and promotional services including offers, specials, promotions, newsletters, and emails, (5) to contact you, (6) business purposes including the sale and restructuring of Benchmark, (7) comply with all applicable laws and protect Benchmark and others and (8) research and analytical purposes to better understand how users access and interact with the Site and to modify and improve the Site.
SECURITY OF YOUR PERSONAL INFORMATION
Benchmark secures your personal information from unauthorized access, use, or disclosure.
When personal information (such as a credit card number) is transmitted from the Site to Benchmark or third party secure server storage, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. Benchmark strives to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while Benchmark strives to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and Benchmark through use of the Site cannot be guaranteed.
SHARING INFORMATION WITH THIRD PARTIES
Benchmark may share data and some or all of your personal information with affiliates, partners, or service providers to help perform statistical analysis, send you email, provide customer support, arrange for deliveries and other business related purposes including in the event Benchmark merges with another company or sells some or all of its assets to another company.
Benchmark may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Benchmark or the Site, (2) protect and defend the rights or property of Benchmark, (3) protect Benchmark or others, and/or (4) act under exigent circumstances to protect the personal safety of users of Benchmark, or the public. Benchmark does not include or offer third-party products or services on the Site.
AUTOMATICALLY COLLECTED INFORMATION
Information about your computer hardware and software may be automatically collected by Benchmark and its third-party service providers. This information can include, but is not limited to: your IP address, browser type, domain names, access times and referring website addresses. This information may be used for the operation of the Site, to maintain the quality of the Site, and to provide general statistics regarding use of the Site.
SOCIAL MEDIA PLATFORMS
Benchmark may use third-party service providers, including but not limited to, social media platforms, to provide advertisements and other media. Third-party social media platforms may use cookies and other tracking technologies to calculate the effectiveness of their ads and to personalize advertising content. Please be aware that these third-party service providers are governed by their own privacy policies.
USE OF COOKIES
Benchmark does not use cookies for tracking purposes. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies.
If you turn cookies off, some of the features that make your experience on the Site more efficient may not function properly.
MINORS
The Site is not intended for individuals under the age of 13. Benchmark does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Benchmark in any facility or on the Site. In the event that Benchmark learns that Benchmark has collected personal information from a child under age 13 without verification of parental consent, Benchmark will delete that information as quickly as possible. If you believe that Benchmark might have any information provided by a child under 13, please contact Benchmark at info@benchmarkclimbing.com.
E-MAIL COMMUNICATIONS
From time to time, Benchmark may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Benchmark, you may opt out of such communications by clicking on the UNSUBSCRIBE button.
EXTERNAL DATA STORAGE SITES
Benchmark may store your data on servers provided by third-party hosting vendors with whom we have contracted.
FAIR INFORMATION PRACTICES
Should a data breach occur: Benchmark will notify you via email within 7 business days. Benchmark also agrees to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
CHANGES TO THIS STATEMENT
Benchmark may update this Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Benchmark will post such revised Policy on the Site. Your use of the Site constitutes your agreement to any revised Policy terms.
RHINOFIT, INC, AGREEMENTS
Benchmark uses software from a third party to collect and process data both within Benchmark facilities and on the Site. This software is provided by RhinoFit, Inc, (“RhinoFit, “RF”) and the processing of information between Benchmark and RhinoFit is governed by Agreements (as defined within RhinoFit’s own Terms and Conditions, as well as its Privacy Policy).
BENCHMARK CONTACT INFORMATION
Benchmark welcomes your questions or comments regarding this Privacy Policy. If you believe that Benchmark has not adhered to this Statement, or have any questions or comments regarding this Statement please email info@benchmarkclimbing.com or write us at:
Benchmark Climbing, LLC
1414 Van Ness Avenue, San Francisco, CA 94109
Effective as of July 15, 2021.