Privacy

  1. INTRODUCTION AND IMPORTANT INFORMATION

    1. Purpose of this Privacy Notice

      This privacy notice (together with our terms of use https://www.benchmarkminerals.com/terms and any other documents referred to on it) (“Notice”) sets out important information as to how Benchmark Mineral Intelligence Limited of 3 Coldbath Square, London, England, EC1R 5HL (collectively referred to as “Benchmark” “we”, “us” or “our” in this Privacy Notice) proc¬esses any personal data that we collect from you, or that you provide to us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

    2. Data Controller

      Benchmark is the controller and responsible for your personal data.

    3. Contact Details

      Questions, comments and requests regarding this Notice are welcomed and should be addressed to [email protected] or sent by post to the above mentioned address.

    4. Changes to this Notice

      Any changes we make to this Notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Notice.

      It is important that the information we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

    5. Third Party Links

      Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  2. WHAT PERSONAL DATA DO WE COLLECT AND WHY?

    1. The Types of Personal Data we Process

      1. Contact details, including your name, billing address, delivery address, e-mail address and phone number (“Contact Data”)
      2. Identification details, including your name personal description and photograph date of birth, gender, marital status, title (“Identity Data”)
      3. Financial details, including your financial and payment card details (“Financial Data”)
      4. Technical details in relation to how you use http://www.benchmarkminerals.com (our site) including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform (“Technical Data”)
      5. Information about your visit(s) to our site, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page (“Usage Data”)
      6. Your interests, preferences, feedback, survey responses, payments to and from you and details of products/services you have purchased (“Transaction Data”)
      7. Your preferences in receiving marketing from us and third parties and your communication preferences (“Marketing Data”)
    2. Where we Collect Personal Data From

      We may collect your personal data from you when you:

      1. Use our site, including when you: fill in forms on our site, register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site; or
      2. Correspond with us by phone, e-mail or otherwise.

      We may also collect your personal data from third party sources. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

    3. We use information held about you in the following ways:

      We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

      • Where we need to perform the contract we are about to enter into or have entered into with you.
      • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
      • Where we need to comply with a legal obligation.

      We have set out below, in a table format, a description of all the ways we plan to use your personal data and which of the legal bases we rely on to do so. Note that we may process your personal data for more than one lawful group.

      Purpose/Activity Type of Data Lawful basis for processing
      To register you as a new customer

      (a) Identity Data

      (b) Contact Data

      Performance of a contract with you
      To provide you with information, products and services that you request from us

      (a) Identity Data

      (b) Marketing Data

      (a) Performance of a contract with you

      (b) Necessary for our legitimate interests

      To process and deliver your order including managing payments and collecting and recovering money owed to us

      (a) Identity Data

      (b) Contact Data

      (c) Financial Data

      (d) Transaction Data

      (e) Marketing Data

      (a) Performance of a contract with you

      (b) Necessary for our legitimate interests (to recover debts due to us)

      To manage our relationship with you, including: to notify you about changes to our service, updating you about this Notice and asking you to leave a review of take a survey

      (a) Identity Data

      (b) Contact Data

      (c) Other

      (a) Performance of a contract with you

      (b) Necessary to comply with a legal obligation

      (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

      To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about

      (a) Identity Data

      (b) Contact Data

      (c) Financial Data

      (d) Transaction Data

      (e) Marketing Data

      To ensure that content from our site is presented in the most effective manner for you and for your computer and to allow you to participate in interactive features of our service

      (a) Usage Data

      (b) Technical Data

      Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
      To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our site safe and secure

      (a) Usage Data

      (b) Technical Data

      Marketing

      If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you and you have not opted out of receiving that marketing. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this – you have the right to withdraw your consent at any time by contacting us. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form or registration form).

      Cookies

      Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

      Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.

      We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.

      Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.

      You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.

  3. SHARING YOUR PERSONAL DATA

    We may share your personal data with the parties set out below for the purposes set out in the table above:

    1. Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
    2. Selected third parties including:
      1. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
      2. advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
      3. analytics and search engine providers that assist us in the improvement and optimisation of our site.

    We may also disclose your personal information to third parties in the following circumstances:

    1. In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
    2. If Benchmark or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
    3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use (https://www.benchmarkminerals.com/terms/) and other agreements; or to protect the rights, property, or safety of Benchmark, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  4. TRANSFERS OUTSIDE THE UK

    In general, when transferring your personal data outside the UK:

    1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
    2. Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

    Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

  5. STORAGE OF YOUR PERSONAL DATA

    All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

  6. DATA RETENTION

    We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with information or a service you have requested or to comply with applicable legal, tax or accounting requirements).

    When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

  7. YOUR RIGHTS

    If you are an individual covered by this Privacy Notice, under certain circumstances you have rights the following rights under data protection laws in relation to your personal data:

    • ACCESS: You have the right to request access to the personal data we hold about you. This enables you to receive a copy of the personal date we hold about you and to check that we are processing it lawfully.
    • RECTIFICATION: You have the right to request correction of the personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of any new data you provide to us.
    • ERASURE: You have the right to request we erase your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us to continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
    • RESTRICTION OF PROCESSING: In certain circumstances you can request that we suspend the processing of your personal data.
    • OBJECT: You have the right to ask us not to process your personal data in certain circumstances. Specifically, where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
    • PORTABILITY: In certain circumstances, you can request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly uses, machine-readable format.

    Where we are relying on consent to process your personal data you have the right to withdraw your consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

    You are not required to pay any charge for exercising your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

    If you wish to exercise any of the rights set out above, please contact us at the details in section 1(c) above. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  8. HOW TO COMPLAIN

    Please let us know if you are unhappy with how we use your personal data. You can contact us at the details are the top of this form. You have the right to complain to the regulator and to lodge an appeal if you are not happy with the outcome of a complaint. In the UK, the regulator is the Information Commissioner’s Office. Details of how to make a complaint can be found on their website.

Dated: 22 June 2022