Privacy Policy for Benchmark Payment Systems

Effective Date: 7/27/2022

This “Privacy Policy” explains how Benchmark Payment Systems, LLC (“Company” or “we”) collects, uses, discloses, and otherwise processes personal data on behalf of our customers – typically, merchants (any, a “Merchant”) – in connection with our application, Benchmark Payment Systems App Solution, which runs on the Clover Point of Sale system (“Clover POS”). This Privacy Policy does not apply to Company’s privacy practices in any other context.

Company’s processing of personal data in connection with our application is governed by this Privacy Policy and our agreements with Merchants. In the event of any conflict between this Privacy Policy and a customer agreement, the customer agreement will control to the extent permitted by applicable law.

This Privacy Policy is not a substitute for any privacy policy that a Merchant may be required to provide to their customers, personnel, or other individuals.

Information We Collect

We may collect personal data from or on behalf of Merchants. Merchants determine the scope of the personal data transferred to us or that we collect, and the information we receive may vary by Merchant. Typically, the information we collect on behalf of Merchants includes:

Information that we collect when a Merchant’s customers make a payment

When a customer makes a payment via a Clover POS, we collect information about the transaction, which may include personal data. Information about transactions includes the payment card used, name associated with the payment card, the location of the merchant’s store, date and time of the transaction, transaction amount, and information about the goods or Applications purchased in the transaction.

Additional information Merchants’ customers provide through the Clover POS ancillary to a payment

We may collect additional information ancillary to the payment. This information may include:

• Customers’ email address or phone number, such as when the customer chooses to receive an electronic receipt
• Customers’ marketing preferences, such as whether the customer wishes to receive marketing communications or newsletters
• Information about participating customers’ activity in a merchant loyalty program
• Customers’ physical address, where needed for delivery of goods or Applications
• Other information the customer provides, such as birthdate, interests or preferences, reviews, and feedback

 

Information that we collect about Merchants’ personnel

We may collect information about Merchants’ personnel and interactions with the Clover POS, such as clock-in and clock-out time and tips earned

Additional information that Merchants provide to us about their customers or personnel

Merchants may provide us with additional information directly, via access they grant to us, or otherwise. The types of information that merchants may provide to us about their customers include email addresses, phone numbers, and purchase history. The types of information that merchants may provide to us about their personnel include email addresses, phone numbers, shifts, and sales history.

How We Use the Information We Collect

We use the personal data we collect for or on behalf of Merchants, in a variety of ways including the following:

• To operate, maintain, enhance and provide all features of the Application, to provide service and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Application;
• To personalize your experience (your information helps us to better respond to your individual needs);
• To improve our website and the Application (we continually strive to improve our website offerings based on the information and feedback we receive from you);
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
• To process transactions (your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or sevice requested by the customer);
• To contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to your content posted on the Application;
• To monitor and analyze the effectiveness of the Application and to monitor aggregate site usage metrics such as total number of visitors and pages viewed;
• As may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.

We may also use personal data for related internal purposes, including:

• To provide information about the application, such as important updates or changes to the application and security alerts
• To measure performance of and improve the application
• To respond to inquiries, complaints, and requests for customer support

In addition, Company may use personal data as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Children’s Policy

The Platform is not directed at or intended for children under thirteen (13) years of age, and we do not knowingly collect Personal Data from such children. If you believe that we might have any Personal Data from a child under 13 years of age, please contact us at appdevelopment@benchmark-ps.com.

Cookie Policy

When you use the Application, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the App Solution. Please review your web browser “Help” information to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept or opt out of cookies from the App Solution, you may not be able to utilize the features of the Application to their fullest potential.

Data Retention

Subject to our agreement with a Merchant, Company retains personal data for as long as necessary to (a) provide our products and services; (b) comply with legal obligations; (c) resolve disputes, and (d) enforce the terms of any agreement we may have with a Merchant. You may contact us for additional information about our data retention practices in connection with the application.

How We Share Information

We may share personal data that we collect with:

• The Merchant from whom or on whose behalf we collected the personal data
• The platform on which our application runs, the Clover POS. You may view Clover’s Privacy Notice here.
• With third parties as a Merchant may direct
• With third party Application providers that help us manage and improve the application
• With Company subsidiaries and corporate affiliates for the purposes described in this Privacy Policy or in our agreement with a Merchant

Company may disclose personal data to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Company may sell or transfer some or all of its business or assets, including your personal data, in connection with a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Your Rights and Choices

Data Subject Rights

To the extent that applicable law provides individuals with rights pertaining to their personal information, such as to review and request changes to their personal information, individuals should contact the Merchant with any requests pertaining to the Merchant’s use of our application. To the extent that Clover is responsible for responding to data subject rights requests under applicable law, individuals may contact Clover with applicable requests as explained in Clover’s Privacy Notice, https://www.clover.com/privacy-policy. Company will assist a Merchant, or Clover, as applicable, in responding to such requests subject to our contract with a Merchant or Clover.

Complaints

If you have a complaint about our handling of personal data, you may contact us via the contact information provided below.

Updates

We reserve the right to modify this Privacy Policy at any time. We will notify you of updates by updating the date of this Privacy Policy.

Contact Us

You may contact us with any questions, comments, or complaints, about this Privacy Policy or our privacy practices via: Appdevelopment@benchmark-ps.com or 844-890-4547 

Your California privacy rights

As a California resident, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.

• You can request the following information about how we have collected and used your Personal Information during the past 12 months:
  • The categories of Personal Information that we have collected.
  • The categories of sources from which we collected Personal Information.
  • The business or commercial purpose for collecting and/or selling Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of recipient.
  • Whether we’ve sold your Personal Information; and, if so, the categories of Personal Information received by each category of recipient.
• You can request a copy of the Personal Information that we maintain about you.
• You can ask us to delete the Personal Information that we maintain about you.
• You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as by denying you goods or Applications, increasing the price/rate of goods or Applications, decreasing the Application quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different Application quality if that difference is reasonably related to the value of the Personal Information we are unable to use.

 

How to exercise your rights

You may exercise your California privacy rights as follows:

Right to information, access and deletion

You can request to exercise your information, access and deletion rights in the following ways:

• Call 844-890-4547 
• Identity verification. The CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request. A request must be provided with sufficient detail to allow us to understand, evaluate and respond. The requester must provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information. A request may also be made on behalf of your child under 13.
• Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We may require the authorized agent to have a written authorization confirming that authority.

Sale of personal information

We do not sell, as defined under CCPA, your Personal Information to third parties.

In the preceding twelve (12) months, we have not sold any personal information.