Privacy statement
Benchmark.ai B.V., with a registered office at Windmolenweg 20, 7548 BM Enschede, Netherlands (“Benchmark.ai”), is committed to protecting the online privacy of the users of the website https://www.benchmark.ai/ (“Website”). As such, this document (“Privacy Policy”) has been written in order to allow you to understand how your Personal Data, below defined, will be handled when using the Website. This Privacy Policy will also provide you with information so that you are able to consent to the processing of your personal data in an explicit and informed manner, where appropriate.
In general, any information and data which you provide to Benchmark.ai over the Website, or which is otherwise gathered via the Website, in the context of the use of Benchmark.ai’ services (“Services”) as better defined in Section 3 below, will be processed by Benchmark.ai in a lawful, fair and transparent manner. To this end, Benchmark.ai takes into consideration internationally recognized principles governing the processing of personal data, such as purpose limitation, storage limitation, data minimization, data quality, and confidentiality.
1. Data controller
Benchmark.ai, as identified at the top of this Privacy Policy, is the data controller regarding all Personal Data processing carried out through the Website.
You can contact Benchmark.ai’ Data Protection Officer (“DPO”) at the following email address: dpo@benchmark.ai.
2. Personal Data processed
When you use the Website, you may provide to us or we may collect some of your Personal Data, such as your name, surname, contact details, an online ID (“Personal Data”).
Your “Personal Data” can be collected by Benchmark.ai both when you choose to provide them (e.g., when you subscribe to the newsletter or when you request for the Services) or simply by analyzing your behavior on the Website.
Personal Data that can be processed through the Website are the following:
2.1 Name, contact details, and other Personal Data
In various sections of the Website – including, particularly, when you request the Services or when you ask for information relating to Benchmark.ai' Services – you will be asked to submit information about yourself, such as your email address. Additionally, whenever you communicate with Benchmark.ai through the contact details provided on the Website, Benchmark.ai may collect additional information which you choose to provide.
2.2 Special categories of Personal Data
Certain areas of the Website (e.g. the Contact form or the Assistance chat form) may include open text fields, where you can provide Benchmark.ai information that may contain Personal Data.
As these fields are completely open, you may use them to disclose (inadvertently or not) more sensitive categories of Personal Data, such as data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. The content you insert or upload in these fields may also (inadvertently or not) include other types of sensitive information relating to you, such as your genetic data, biometric data, or data concerning your health, sex life, or sexual orientation.
Benchmark.ai asks that you do not disclose these kinds of Personal Data unless you consider this to be strictly necessary. Please know that these sensitive categories of Personal Data can only be processed with your explicit consent, in compliance with the current legislation. Benchmark.ai underlines the importance to express your explicit consent to process this sort of Personal Data, where you decide to share them.
2.3 Data voluntarily provided by the data subject
As mentioned in the previous section, certain areas of the Website allow you to post various types of content, available to Benchmark.ai, which may include Personal Data related to other persons.
In any situation where you decide to share Personal Data related to other persons, you will be considered as an independent data controller regarding that Personal Data and must assume all inherent legal obligations and responsibilities. This means, among other things, that you must fully indemnify Benchmark.ai against any complaints, claims, or demands for compensation for damages that may arise from the processing of this Personal Data, brought by the third parties whose information you provide through the Website.
In any case, if you provide or otherwise process Personal Data of third parties when using the Website, you guarantee from now on - assuming all related liability - that your particular processing hypothesis is based on the consent of the third party concerned or on another appropriate legal basis legitimizing the processing of the Personal Data of third parties.
2.4 Data that are automatically collected when sending emails or communications.
When we send e-mails or other forms of communications we use, with the explicit and freely provided consent of the user, tracking systems, such as a pixel or web beacons, in order to detect the opening of a message, the clicks made on hyperlinks, the IP address or the type of browser used to read the message and other similar details.
2.5 Browsing data
The Website’s operation, as is standard with any Website on the Internet, involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation. While Benchmark.ai does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such, this information must also be considered Personal Data.
This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and other parameters related to the operating system and user’s IT environment.
These data are used to compile statistical information on the use of the Website, as well as to ensure its correct operation and identify any faults and/or abuse of the Website. Save for this last purpose, these data are not kept for more than 30 days.
2.6 Cookies
Definitions, characteristics, and application of the legislation.
Cookies are small text files that may be sent to and registered on your computer by the Website you visit, to then be re-sent to those same sites when you visit them again. It is thanks to these cookies that those websites can “remember” your actions and preferences (e.g., login data, language, font size, other display settings, etc.), so that you do not need to configure them again when you next visit the website, or when you change pages within a website.
Cookies are used for electronic authentication, monitoring of sessions, and storage of information regarding your activities when accessing a website. They may also contain a unique ID code that allows tracking of your browsing activities within a website, for statistical or advertising purposes.
When browsing a website, you may also receive cookies from Websites or web servers other than the website being visited (i.e., “third-party cookies”).
Some operations within a website may not be able to be performed without the use of cookies which, in certain cases, are technically necessary for the operation of the website.
There are various types of cookies, depending on their characteristics and functions, which may be stored on your computer for different periods of time: “session cookies”, which are automatically deleted when you close your browser, and “persistent cookies”, which will remain on your device until their pre-set expiration period passes.
According to the law which may be applicable to you, your consent may not always be necessary for cookies to be used on a website. In particular, “technical cookies” – i.e. cookies which are only used to send messages through an electronic communications network, or which are needed to provide services you request – typically do not require this consent. These cookies are, in other words, essential for the operation of the site or necessary to perform activities requested by the user.
On the other hand, “profiling cookies” – i.e., cookies used to create profiles on users and to send advertising messages in line with the preferences revealed by users while browsing a website – typically require specific consent from users, although this may vary according to the applicable law.
Types of cookies used by the Website and possibility of (de-)selection
The Website uses the following types of cookies that can be de-selected, except for third-party cookies for which you must refer directly to the relative selection and de-selection of the respective cookies, indicated via links:
- Browsing or session cookies, which are strictly necessary for the Website's operation, and/or to allow you to use the Website’s content and Services.
- Analytics cookies, allow Benchmark.ai to understand how users make use of the Website, and to track traffic to and from the Website. These cookies do not collect information about your identity or any Personal Data. Information is processed in an aggregated and anonymous form.
- Function cookies are used to activate specific Website functions and to configure the Website according to your choices (e.g., language), in order to improve your experience.
- Profiling cookies are used to observe the preferences you reveal through your use of the Website and to send you advertising messages in line with those preferences.
Benchmark.ai also uses third-party cookies – i.e. cookies from Website/web servers other than the Website, owned by third parties, including Profiling cookies. These third parties, listed below with related links to privacy policies, will either act as independent data controllers from Benchmark.ai regarding their own cookies (using the data they collect for their own purposes and under terms defined by them) or as data processors for Benchmark.ai (processing personal data on Benchmark.ai’ behalf).
Cookies present on the Website
In detail, the cookies present on the Website are as follows:
Owner | Technical name of the cookie | Type of cookie | Third-Party | Persistence time | Privacy Policy Link |
.ads.linkedin.com | lang | Preferences | Yes | 1 month | |
.linkedin.com | lidc | Preferences | Yes | 1 month | |
.linkedin.com | lang | Preferences | Yes | 1 month | |
.linkedin.com | li_gc | Preferences | Yes | 1 month | |
.benchmark.ai | _hjFirstSeen | Analytics | No | 1 year | |
benchmark.ai | _pk_id.* | Analytics | No | 1 year | |
benchmark.ai | _pk_ses.* | Analytics | No | 1 year | |
benchmark.ai | _hjIncludedInPageviewSample | Analytics | No | 1 year | |
.benchmark.ai | _hjAbsoluteSessionInProgress | Analytics | No | 1 year | |
benchmark.ai | _hjIncludedInSessionSample | Analytics | No | 1 year | |
.benchmark.ai | _ga | Analytics | No | 2 years | |
.benchmark.ai | _gid | Analytics | No | 2 years | |
.benchmark.ai | _dc_gtm_* | Analytics | No | 2 years | |
.linkedin.com | bcookie | Analytics | Yes | 1 year | |
.linkedin.com | UserMatchHistory | Marketing | Yes | 1 year | |
.linkedin.com | AnalyticsSyncHistory | Marketing | Yes | 1 year | |
.www.linkedin.com | bscookie | Marketing | Yes | 1 year |
Cookie settings
You can block or delete all or some of the Browsing and Function cookies used on the Website via your browser options.
Inhibiting functionality cookies may result in some services or certain functions of the Website not being available or not working properly and you may be forced to change or manually enter some information or preferences each time you visit the Website.
The choices made with reference to the cookies of the Website will in turn be recorded in a special cookie. This cookie may, however, in some circumstances do not work properly: in such cases, we advise you to delete unwanted cookies and to inhibit their use through the functionality of your browser.
Your cookie preferences will be reset if different browsers are used to access the Website.
How to view and modify cookies through the browser
You can block or delete cookies used on the Website via your browser options. Your cookie preferences will be reset if different browsers are used to access the Website. For more information on how to set the preferences for cookies via your browser, please refer to the following instructions:
If you do not use any of the browsers listed above, select "cookies" in the relevant section of the guide to find out where your cookie folder is located.
You may also provide set your preferences on third-party cookies by using online platforms such as AdChoice or All about cookies.
CAUTION: If you block or delete technical and/or function cookies used by the Website, the Website may become impossible to browse, certain services or functions of the Website may become unavailable or other malfunctions may occur. In this case, you may have to modify or manually enter some information or preferences every time you visit the Website.
3. Purposes of processing
Benchmark.ai intends to use your Personal Data, collected through the Website, for the following purposes:
Providing Services such as: allowing you to create and maintain a registered user profile, verifying your identity and assist you, in case you lose or forget your login / password details for any of the registration services, replying to your requests for information sent through the Contacts Section and to provide any other Services which you may request (“Service Provision”);
For future marketing, promotional and publicity purposes, including to carry out direct marketing, market research and surveys, via email, SMS, through push notifications / pop-up banners, instant messaging, through Benchmark.ai’ official social media pages, as well as for marketing activities in the broad sense, including prize events, games and competitions, products and/or services related to the company and/or to third-party products and/or services (“Marketing”);
For email marketing communication regarding products and services identical or similar to those you have previously purchased (“Soft Spam”);
To create a profile of you as a Website user, through the use of profiling cookies, where you gave the consent, and by collecting and analysing information on the preferences you select and choices you make in the Website, as well as your general activities on the Website. This profile will be used to give you information about other Websites/services which Benchmark.ai believes you may be interested in, and to show you information and advertisements which may be relevant to you and your interests. All algorithms involved in this processing are regularly tested, to ensure that you are not offered products in which you are not interested (“Profiling”);
For compliance with laws that impose upon Benchmark.ai the collection and/or further processing of certain kinds of Personal Data (“Compliance”);
To prevent and detect any misuse of the Website, or any fraudulent activities carried out through the Website (“Misuse/Fraud”).
4. Legal bases for the processing and mandatory/discretionary nature of processing
Benchmark.ai’ legal bases to process your Personal Data, according to the purposes identified in Section 3, are as follows:
Service Provision: processing for these purposes is necessary to provide the Services and, therefore, is necessary for the performance of a contract with you or for the execution of pre-contractual measures. It is not mandatory for you to give Benchmark.ai your Personal Data for these purposes; however, if you do not, Benchmark.ai will not be able to provide any Services to you. The same applies to the newsletter service following your specific request by inserting your e-mail address and that you can withdraw at any time by following the instructions provided in Paragraph 8 of this Policy.
Marketing: processing for these purposes is based on your consent. It is not mandatory for you to give consent to Benchmark.ai for use of your Personal Data for these purposes, and you will suffer no consequence if you choose not to give it (aside from not being able to receive further marketing communications from Benchmark.ai). Any consent given may also be withdrawn at a later stage (please see Section 8 for more information).
Soft Spam: processing for these purposes is based on Benchmark.ai’ interest in sending you direct e-mail marketing communication regarding products and services provided by Benchmark.ai and which are identical or similar to those you have previously purchased through the Website. You can block these communications, and you will suffer no consequence if you do so (aside from not being able to receive further communications from Benchmark.ai), by objecting through the link provided at the bottom of all such communications.
Profiling: processing for this purpose is based on your consent, collected by means of the cookie pop-up banner. It is not mandatory for you to give consent to Benchmark.ai for use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to give it. Any consent given may also be withdrawn at a later stage (please see Section 8 for more information). To withdraw your consent in relation to cookies, please see the Cookie section.
Compliance: processing for this purpose is necessary for Benchmark.ai to comply with its legal obligations. When you provide any Personal Data to Benchmark.ai, Benchmark.ai must process it in accordance with the laws applicable to it, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs, or other legal obligations.
Misuse/Fraud: Information collected for this purpose is used exclusively to prevent and detect fraudulent activities or misuse of the Website (for potentially criminal purposes) and therefore it allows Benchmark.ai to defend itself in Court.
5. Recipients of Personal Data
Your Personal Data may be shared with the following list of persons / entities (“Recipients”):
Entities typically acting as Data Processor, such as: i) Persons, companies, or professional firms providing Benchmark.ai with advice and consultancy regarding accounting, administrative, legal, tax, financial and debt collection matters related to the provision of the Services and which act typically as data processors on behalf of Benchmark.ai; ii) Persons authorized to perform technical maintenance (including maintenance of network equipment and electronic communications networks);
Entities engaged in order to provide the Services (e.g., hosting providers or e-mail platform providers);
Persons authorized by Benchmark.ai to process Personal Data needed to carry out activities strictly related to the provision of the Services, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g., employees of Benchmark.ai);
Other companies within the our Company Group for internal administrative purposes;
Public entities, bodies or authorities to whom your Personal Data may be disclosed, in accordance with the applicable law or binding orders of those entities, bodies or authorities.
6. Transfers of Personal Data
Benchmark.ai ensures that the processing of your Personal Data by these Recipients takes place in compliance with applicable law and implements appropriate safeguards to ensure the lawfulness and security of these Personal Data transfers, such as by relying on adequacy decisions from the European Commission, standard data protection clauses adopted by the European Commission, or other safeguards or conditions considered adequate.
You can get more information on these matters by writing to: privacy@benchmark.ai.
7. Retention of Personal Data
Personal Data processed for Service Provision will be kept by Benchmark.ai for the period deemed strictly necessary to fulfill such purposes (e.g. to respond to requests for information received through the Contacts section) – in any case, as these Personal Data are processed for the provision of the Services, Benchmark.ai may continue to store this Personal Data for a longer period, as may be necessary to protect Benchmark.ai’ interests related to potential liability related to the provision of the Services.
Personal Data processed for Marketing and Profiling will be kept by Benchmark.ai from the moment you give consent until it is withdrawn. Where it is not withdrawn, consent will be renewed at fixed intervals. Once consent is withdrawn (or not given, following a renewal), Personal Data will no longer be used for these purposes, although it may still be kept by Benchmark.ai, in particular as may be necessary to protect Benchmark.ai’ interests related to potential liability related to this processing.
Personal Data processed for Soft Spam will be kept by Benchmark.ai until you object to this processing via the link you can find at the bottom of each mail.
Personal Data processed for Compliance will be kept by Benchmark.ai for the period required by the specific legal obligation or by the applicable law.
Personal Data processed for preventing Misuse/Fraud will be kept by Benchmark.ai for as long as deemed strictly necessary to fulfill the purposes for which it was collected and therefore until the time when Benchmark.ai will be required to keep them for legal protection to communicate such data to the competent authorities.
8. Data subjects’ rights
As a data subject, are entitled to exercise the following rights before Benchmark.ai, at any time:
Access your Personal Data being processed by Benchmark.ai (and/or a copy of that Personal Data), as well as information on the processing of your Personal Data;
Correct or update your Personal Data processed by Benchmark.ai, where it may be inaccurate or incomplete;
Request erasure of your Personal Data being processed by Benchmark.ai;
Request the restriction of the processing of your Personal Data;
Exercise your right to portability: the right to obtain a copy of your Personal Data provided to Benchmark.ai, in a structured, commonly used and machine-readable format;
Object to the processing of your Personal Data (for example: Soft Spam); or
Withdraw your consent to processing (for Marketing and Profiling).
You can also withdraw consent for Marketing (for communications received via email) or object to Soft Spam by selecting the appropriate link included at the bottom of every marketing e-mail message received. The same applies to the Benchmark.ai newsletter which you may have subscribed to and receive as a Service.
The consent to profiling through cookies can be withdrawn through the procedure indicated in the previous Paragraph 2.e.
Aside from the above means, you can always exercise your rights described above by sending a written request to Benchmark.ai at the following address: privacy@benchmark.ai.
In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data, if you believe that the processing of your Personal Data carried out through the Website is unlawful.
9. Google API Services User Data Policy
Benchmark.ai's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
10. Use of data in A.I. Models
Which third-party AI models your app utilizes.
What data is shared with these models.
The purpose of sharing this data with AI models.
How the models use this data and what impact it might have on users.
Do users have any options to control or opt out of data sharing with AI models?
How you ensure responsible and ethical use of data by these models.
11. Amendments
This Privacy Policy entered into force on the 25th of January, 2022. Benchmark.ai reserves the right to amend this Privacy Policy partly or fully, or simply to update its content, e.g., as a result of changes in applicable law. Benchmark.ai will inform you of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Website. Benchmark.ai, therefore, invites you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how Benchmark.ai collects and uses Personal Data.