BENCHMADE PRIVACY STATEMENT
EFFECTIVE DATE: OCTOBER 09, 2018
Your privacy is important to Benchmade Knife Co., Inc. (“Benchmade,” “us,” “our,” and/or “we”). This Privacy Statement describes our information and privacy practices that apply when you use Benchmade’s websites located at www.benchmade.com and www.benchmadeforum.com(the “Website”), as well as information we collect through offline contacts we have with you.
When you use the website located at www.benchmadeforum.com (the “Benchmade Forum”) please note that this website is hosted by Social Strata, Inc (“Social Strata”). While the information you submit through that website is primarily collected, used, and stored by that third party on Benchmade’s behalf, Social Strata may have its own additional policies and purposes for governing any personal data you submit to them separately through the Forum Website. Please see additional information at clause 9 below regarding your use of the the Benchmade Forum and other third party websites. PLEASE READ THIS PRIVACY STATEMENT BEFORE YOU USE THE WEBSITE. Your use of the Website signifies that you have read and agree with all of the terms of this Privacy Statement and consent to the collection and use of your personal information by Benchmade, as described in this Privacy Statement and any other notices you receive from us. If you do not agree with any part of this Privacy Statement, do not use the Website. Please note that some of the provisions here, particularly your rights in respect of your data, will only apply if you are an individual based in the EU. We have highlighted these sections as relevant.
1. Please navigate to the relevant sections below:
(a) Please see Sections 2(a), 4(c), and 5(b) below regarding collection, use, and storage of your financial information.
(b) Please see Section 3(d) regarding our online targeted advertising practices and how to opt-out of receiving online ads.
(c) Please see Section 4(b) regarding our marketing communications and how to opt out of receiving them in the future.
(d) Please see Section 5 below regarding parties who will have access to your Personally Identifiable Information and Automatically Collected Information.
- Information Collected
(a) Personally Identifiable Information
In the course of engaging our services or interacting with our Website, you may provide us with certain personal information about yourself from which you may be identified, including certain types of Automatically Collected Information (set out in section 2(b) below) (“Personally Identifiable Information”).
Personally Identifiable Information may be provided by you to us (or to third parties, as explained in this Privacy Statement) in several ways, including but not limited to, when you:
1) purchase product through the Website,
2) contact us through the Website,
3) create or access an account on the Website,
4) register a knife through the Website,
5) seek to find a dealer near you,
6) write product reviews to be published on the Website,
7) post images to the Website, including comments about your images and comment on others’ images on the Website,
8) sign up to receive our email updates, and/or
9) sign up to participate in any sweepstakes, contents, or other promotions we sponsor,
10) register to be a dealer for our products
(together, the “Benchmade Services”).
YOU ARE NEVER UNDER ANY OBLIGATION TO PROVIDE YOUR PERSONALLY IDENTIFIABLE INFORMATION. If, however, you do not provide Personally Identifiable Information, you will not be able to use all of the features of and services offered through the Website. When you do provide your Personally Identifiable Information, you are authorizing us to use that information in accordance with the terms of this Privacy Statement and to store your Personally Identifiable Information on our servers located in the United States.
We collect the following types of Personally Identifiable Information on the Website directly from you:
1) Your full name.
2) Home or business address and/or other shipping address(es), billing address, phone number, email address, fax number, and other information that could be used to contact you via mail, in person, or online and/or to identify you personally.
4) Demographic information (such as your zip code, age range, and gender).
5) Password if you create an account.
6) Images you post to the Website, though we don’t store the images. Rather, the images are stored on our vendor Shuttlerock Limited’s servers and are only mirrored on the Website. Shuttlerock Limited collects, stores, and uses these images.Please see Section 5(c) below regarding images you submit through the Website.
7) Personal information you input into any search box, message box, or comment box, or any other open text box, such as if you fill out form to contact us, register a knife, complete product reviews, or otherwise fill out any form or participate in any portion of the Website that permits you to input information (including your display name, profile picture, IM identifier, homepage URL, gender and occupation when setting up an account on the Benchmade Forum).
8) Occupation and income range.
9) Information regarding your knife purchases, including date of purchase, store name and city, your purpose for purchasing the knife, and similar information.
10) Your precise location (or that of your device) when you visit our dealer locator web page so we can list dealers near you. In addition to using this data to list dealers near you, we might use this information in the aggregate to understand general consumer patters and trends and to understand how our Website is being used to deliver relevant advertising. If you want to opt out of the collection of your precise location information, you may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites permission to access location information by changing the relevant preferences and permissions in your device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
11) Any other information you actively enter into the Website or otherwise provide to us, such as during phone calls with us or emails sent to us.
We may also collect the following categories of Personally Identifiable Information about you from other third party sources, such as:
1) Market research from demographic firms and data brokers
2) Census data or other forms of secondary research from publicly available resources.
3) Automatically Collected Information (see section 2(b) below).
We might combine all Personally Identifiable Information we collect about you through the various means provided above and use and share that Personal Identifiable Information as described in this Privacy Statement.
(b) Automatically Collected Information
When you access and use the Website, we automatically collect and store certain technical information about your visit, such as:
1) date and time of visit and duration of visit
2) site traffic patterns, pages viewed, and clickstreams
3) type of web browser used, operating system/platform used
4) your IP address or mobile device ID
5) your computer or device hardware model, operating system version, advertising identifier and unique application identifiers (which may uniquely identify your browser or device and assist us with targeted advertising), web browser type and language, wireless network, and mobile network information (including your mobile phone number)
6) the website(s) from which you linked to the Website and the website(s) you visit after you visit our Website
7) the location from which you access the Website
The above types of information are referred to collectively in this Privacy Statement as “Automatically Collected Information.”
3. How We Collect Automatically Collected Information
We use a feature of your internet browser called a “cookie” (a small file automatically placed on your hard drive or operating device, which assigns you a unique, random number that acts as a sort of anonymous ID) to facilitate Website navigation and internet sessions. Standing alone, a cookie does not identify Personally Identifiable Information of a user; rather, it identifies the computer or device that a user uses to access the Website. Unless you choose to identify yourself to us by providing Personally Identifiable Information, you remain anonymous to us when browsing the Website; in other words, the cookie alone will not allow us to identify you personally.
Regardless of whether you have an account on the Website, when you visit the Website, our servers send a session cookie to your computer or other operating device. And we use these session cookies to collect Automatically Collected Information as you browse and use the Website. Session cookies are removed from your hard drive when you close your browser or otherwise end your session on the Website.
If you have an account on the Website, each time you log into your account, we use a persistent cookie containing encrypted information to allow us to uniquely identify you and to process your online transactions and requests. Persistent cookies are required to use your account. Persistent cookies remain on your hard drive even after you close your browser or otherwise end your session on the Website so that the information held in the cookie is still available when you return to the Website.
We further use persistent cookies, even if you don’t have an account on the Website, when you put an item in our shopping cart. We use this persistent cookie to save the data for a designated period of time in case the user’s session expires and the user then returns to complete the purchase within that timeframe.
Most browsers automatically accept cookies, but you can usually disable the acceptance of browser cookies and remove existing browser cookies at any time by changing the preferences in your browser or device. Please refer to your browser or device for information on how to disable and control cookies. If you choose to disable cookies, you will not be able to use some of the Website and/or some features or services will not function as well. For example, you might not be able to order product through our Website, track your order, register for an account, or access your existing account.
(b) Web Beacons
We use web beacons alone or in conjunction with cookies to compile Automatically-Collected Information about your use of the Website, as well as your interaction with emails from us. Web beacons are clear electronic images imbedded in a web page, website feature, or email, which can recognize certain types of information on your computer or device, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to the Website. We use web beacons to operate and improve the Website and email communications and to statistically monitor how many people are using the Website and opening our emails and for what purposes.
(c) IP Addresses and Mobile Device IDs
When you visit the Website, we collect your Internet Protocol (“IP”) address and/or mobile device ID to track and aggregate Automatically Collected Information. For example, we use IP addresses and mobile device IDs to monitor the regions from which our Website users navigate the Website. We also collect IP addresses and mobile device IDs from users when they log into their accounts on the Website in order to confirm the applicable user’s identity.
(d) Third Party Cookies and Website Analytics; Our Targeted Advertising Practices
We use third party services to track and analyze your Website activity, as well as to track websites you visited before and websites you visit after using the Website. You will encounter session and persistent cookies and other tracking technologies from these third parties on certain pages of the Website, which we have allowed. The information provided to these third parties does not include Personally Identifiable Information; rather, these third parties only collect Automatically Collected Information, such as pages and products viewed and your IP address or device ID.
We use the information collected from these service providers to find usability problems to make the Website easier to use, to analyze use patterns, and to improve our products and services.
We also use these third-party persistent cookies and other third-party services to serve our online advertisements to you on other websites and/or mobile applications you visit after you’ve visited the Website. This online targeted advertising is based on your online activity. You will see our advertisements across the Internet, which are served to you by these third-party service providers, unless you opt-out of receiving the online targeted advertisements. We also receive reports from these third parties that include Automatically Collected Information regarding your use of the Website.
You can opt-out of receiving online targeted advertisements by visiting the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/choices/#completed) or the Digital Advertising Alliance Consumer Choice Page (http://www.aboutads.info/choices/) or here: http://preferences-mgr.truste.com/. See more information about your options regarding online advertising here: http://www.networkadvertising.org/understanding-online-advertising/what-are-my-options. Our online advertisements will also contain an icon or link regarding your advertisement choices, which you can click on to then opt-out of receiving certain ads delivered by that particular ad network. Note that even if you opt-out, you may still see our advertisements, but they will not be delivered based on your online activity. Further, please remember that changing your settings with certain browsers and ad networks will not carry your privacy choices across all browsers and/or other ad networks.
The online targeted advertisements described in this Section are different from marketing communications you will receive if you are on our promotional mailing list, which is discussed in Section 4(b) below.
4. Use of Collected Information
We will only use your Personally Identifiable Information if we have a permitted lawful basis to do so. The primary purpose for which we collect information about you is to fulfil the services you request from us. We also collect Personally Identifiable Information (including Automatically Collected Information) for the following purposes:
To perform our contract with you
To perform the services you request from us, e.g. to respond to your information requests, to create an account for you, to fulfil your product orders and process payments, to register your knife, to process your job applications or to otherwise respond to your actions on the Website.
For our legitimate interests
- To make important service communications regarding product recalls or safety issues and/or provide required legal notices.
- For certain marketing communications (see “Use of Personally Identifiable Information for Marketing Purposes” below)
- To help diagnose problems with the Website
- To analyze statistical use patterns and demographic data
- To improve our Website, products and the Benchmade Services
- To generally run the Website and for internal operations, in order to provide you with an up to date, efficient and reliable service
- For market research and analytical purposes, e.g. to understand what our Website users are looking at most frequently so we can recognize and deliver more of the desired features, products, and services and make our future services and marketing efforts more efficient and personalized for you.
To comply with our legal obligations
- To comply with our legal and regulatory obligations (including under applicable data protection laws)
- For preventing, investigating and detecting crime, fraud or anti-social behavior and prosecuting offenders, including working with law enforcement agencies
- To fulfil our duties to our members, colleagues and other stakeholders.
With your consent
- For certain marketing communications (see “Use of Personally Identifiable Information for Marketing Purposes” below)
- Using your images or profiles in our promotional materials (e.g. the Benchmade video library)
Where we rely on consent to process your Personally Identifiable Information, you have the right to withdraw your consent to these activities at any time, which will mean (unless another lawful basis applies to your data) that we will cease to process the affected data after consent is withdrawn. However, please note this may result in us being unable to provide you with certain features of the Benchmade Services.
Use of Personally Identifiable Information for Marketing Purposes
If you sign up for our email updates, we will contact you to provide information about products or services that may be of interest to you, or to provide other information regarding Benchmade, upcoming events and promotions, new products, and other general information about our products and/or services.
With each marketing communication, you will be given the opportunity to opt-out of receiving future marketing notices by using the unsubscribe mechanism provided through the marketing communication. If you request that we not contact you for marketing purposes, we reserve the right to retain your contact information and to contact you for non-marketing purposes relating to your use of the Website and product purchases. We further retain the right to use your contact information to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you are based in the EU, we will only make marketing communications if you have given us your consent to do so where you have signed up to receive such updates using a personal (rather than company employee) email address.
5. Who Has Access to the Information We Collect?
Except in the circumstances stated in this Privacy Statement, we will not sell or otherwise intentionally transfer or disclose your Personally Identifiable Information to any third party.
(a) Third-Party Service Providers
We may provide your Personally Identifiable Information and Automatically Collected Information to third parties that provide us with services to the extent necessary and appropriate, in our discretion, to perform certain marketing or Website related services on our behalf (e.g., improving Website related services and features, directing mailings, fulfilling orders, shipping products to you, processing your payments, location mapping, conducting website analytics, targeted online advertising, data storage, security, etc.). Our service providers store your information on their servers located in the United States and possibly other countries.
In particular, we use the following third-party service providers:
- Third-Party Payment Processor: PayPal
- Third-Party Image Host: Shuttlerock
- Third-Party Operator and Host of www.benchmadeforum.com: Social Strata
When you use and post content to the www.benchmadeforum.com forum, you will be providing your Personally Identifiable Information (and automatically collected information as well) to Social Strata, and your information is subject to Social Strata privacy, located here as of the Effective Date of this Privacy Statement: https://assets.socialstrata.com/docs/privacy_policy.php
In addition, you may choose to share your Personally Identifiable Information with other users of the forum through messages. Further, other forum users can see that you are a member of the forum.
(b) Merger, Acquisition, or Sale
We may share and transfer any and all Personally Identifiable Information and Automatically Collected Information with and to a third party (whether affiliated or not), in the event of a sale or transfer of assets or other disposition of all or any portion of our business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings in which information of users is among the assets transferred. Note your Personally Identifiable Information and Automatically Collected Information will be shared in connection with evaluating such transaction before it happens and as part of the transferred assets.
(c) Required by Law; for Protection
Notwithstanding anything to the contrary in this Privacy Statement, we may also use and/or disclose Personally Identifiable Information and Automatically Collected Information, to any third party, without your consent and without additional notice to you, if we believe we are legally obligated to do so; if we believe disclosure is necessary to protect, establish, or exercise our legal rights or defend against legal claims; or if we believe disclosure is necessary to protect our other customers, third parties, or our employees, property, or business.
(d) Public Areas of Website
The Website (in particular the Benchmade Forum) contains one or more areas where users can post content that will be viewed by other Website users and where users can interact with one another. When you voluntarily disclose Personally Identifiable Information on these areas for public viewing or with other users, the information may be collected, stored, used, and disclosed by other users of the Website. Such activities are beyond our control, and we shall have no responsibility for or liability regarding the protection or security of such information. Do not post information that you want to keep private on these areas of the Website and do not share information that you want to keep private with other Website users when interacting with them.
(e) Social Media
Certain pages of our Website might allow you to connect and share information or photographs that you post to our Website with various social media platforms, such as Facebook and Twitter. These features might require us to implement cookies, plug-ins, or application programming interfaces (APIs) provided by such social media platforms to facilitate the communications and features. We might share information you provide to us with these platforms, which information becomes subject to their privacy statements. In addition, by choosing to use any third party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. We cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use of your information or content by a third party platform, which you disclose at your own risk. We encourage you to review the privacy statements of these platforms.
(f) De-identified and Aggregate Automatically Collected Information
We may share anonymised and/or aggregated Automatically Collected Information without restriction, where such information will no longer be able to identify you
6. Securing Collected Information
Our security measures: We use commercially reasonable physical, electronic, and managerial security measures to assist in protecting against the loss, misuse, and unauthorized alteration of Personally Identifiable Information that is under our control. When the Website is accessed using Chrome, Internet Explorer version 8.0 or later, Firefox version 2.0 or later, or Safari version 5.0 or later, Secure Socket Layer (“SSL”) technology protects your Personally Identifiable Information using both server authentication and data encryption during transmission.
User Responsibility: The safety and security of your Personal Information also depends on you. For example, you should not send us sensitive Personally Identifiable Information via email, as this is not secure, and information sent via email is not encrypted. Also, before transmitting sensitive Personally Identifiable Information to us through our Website, look at the bottom status bar of your browser window for an unbroken key or a closed lock (depending on your browser), which will indicate that the SSL is active and the connection is secure. Please notify us if you become aware that your Personally Identifiable Information is lost, stolen, or used without permission.
DISCLAIMER: Unfortunately, no data storage system, or system of transmitting data over the Internet or wireless network, can be guaranteed to be 100% secure, and no security system can prevent all security breaches. As a result, we do not and cannot guarantee the security of our servers, the means by which Personally Identifiable Information is transmitted between your computer or device and our servers, or any Personally Identifiable Information provided to us or to any third party to or in connection with the Website or otherwise.
7. Your rights in respect of your Personally Identifiable Information
You may update your Personally Identifiable Information associated with your account by logging into your account and editing your account information. Please note that your account and all features of the Website may not function properly if you remove any or all of your Personally Identifiable Information.
If you want to close your account, please contact us at CPeaslee@Benchmade.com.
If you request that your Personally Identifiable Information be changed or deleted from our databases and/or that we close your account, we will use commercially-reasonable efforts to remove your Personally Identifiable Information from our databases, but see Section 8 below regarding why we might maintain some information.
If you are based in the EU, you may also, in certain circumstances, have the following rights in relation to the Personally Identifying Information we hold about you. You can request to:
We will endeavor to respond to your requests within one month and free of charge. Please note that in respect of all these rights, we reserve the right to:
If we refuse your request to exercise these rights, we will give reasons for our refusal and allow you to challenge our decision. If we have shared your Personally Identifiable Information with others, we will tell them about your request to rectify, erase, restrict or object to the processing where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personally Identifiable Information so that you can contact them directly.
If you have any concerns about how we handle your Personally Identifiable Information, please contact us. If you are not satisfied after we’ve tried to resolve your issue, you’ll be entitled to lodge a complaint with the data protection regulator for your country of residence.
8. Retention and Storage
The third parties discussed in Section 5 above may retain your Personally Identifiable Information and Automatically Collected Information in accordance with the terms of their respective privacy policies.
As outlined in section 4 above, in order to process your transaction, we also obtain from PayPal a token which is not traceable to your twelve-digit card number. We store the token separately from your other Personally Identifiable Information (such as your name and shipping address). We store the token for twelve (12) months after the date of your purchase per the PayPal token expiration policy.
We may retain all other Personally Identifiable Information and Automatically Collected Information in our databases for as long as necessary to meet the relevant purposes for which we’ve collected your Personally Identifiable Information, including for the purpose of satisfying any applicable legal, accounting or reporting requirements. To determine the appropriate length of time for holding your Personally Identifying Information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm, from unauthorized use or disclosure of your personal data, the purpose for which we process your data and whether we can achieve those purposes through other means, along with the applicable legal requirements. As set out in section 7, you may also be able to ask us to remove your information from our databases, unless applicable laws require otherwise.
Further, even after you request that we remove your information from our databases, we may retain Personally Identifiable Information and Automatically Collected Information for a limited time to comply with any applicable law, rule, regulation, or guideline, to prevent fraudulent activity, to protect ourselves against liability, and to allow us to enforce our contractual or other rights and to pursue available remedies and limit any damages we might sustain.
9. Links to Third-Party Websites, Products, and Services
This Privacy Statement applies only to the Personally Identifiable Information and Automatically Collected Information collected through the Website or otherwise given to us by you through offline contact. The Website contains links to other websites (“Linked Sites”), products, and services that are not owned or controlled by us. We provide Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Benchmade of the Linked Sites or the products or services available on the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Website. We are not responsible for and have not reviewed the privacy practices of the Linked Sites, or the owners or operators of the Linked Sites, the products or services they offer, or the tracking technologies they use. The owners and operators of the Linked Sites, products, or services may have their own policies regarding privacy and security. You should review any Linked Sites, products, or services for their own privacy practices to determine what information about you may be collected and used when you use such Linked Sites, products, or services.
10. Intended Users of the Website
By accessing, providing information through, or otherwise using the Website, you affirm (i) that you are at least eighteen (18) years old, or that you are between the age of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Website and provide information through the Website; and (ii) that you have authority to agree to this Privacy Statement and are competent and capable of understanding and complying with this Privacy Statement. The Website is not directed to children under the age of 13, and we will not knowingly collect any Personally Identifiable Information from children under the age of 13 and will not knowingly contact children under the age of 13 for marketing purposes. If we become aware that an individual is under the age of 13 and has submitted any information to us, we will delete his or her information from our files.
11. Users from Outside the United States
It is important that you know that no matter where you live or where you happen to access and use the Website from, your Personally Identifiable Information and Automatically Collected Information will be collected from or transferred to, stored in, and processed in the United States; and by using the Website, you agree to our collection, use, and storage of your Personally Identifiable Information and Automatically Collected Information in compliance with U.S. laws.
In particular, if you are based in the EU, this means that your Personally Identifiable Information will be transferred abroad to a country with different data protection laws. Where we are responsible for such transfers, we will ensure that such transfers are made subject to appropriate safeguards as required by applicable data protection laws to ensure that a similar degree of protection is afforded to your Personally Identifying Information, including by ensuring that overseas recipients of your data have been self-certified under the Privacy Shield framework or through the use of EU Commission approved standard contractual clauses.
Note that where you provide your Personally Identifiable Information directly to third-party Linked Sites and our third party service providers (see sections 9 and 5(a) above), such international transfers will be made in accordance with that third party’s applicable privacy policies, including in relation to the safeguarding of international transfers of data.
You can obtain further information about how we manage any transfers of your personal data abroad, including the safeguards in place for your international transfers of personal data by contacting us (see “Contact Us” below) and the Privacy Shield scheme at www.privacyshield.gov.
If any part of this Privacy Statement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will not affect the validity and enforceability of any other provision.
13. Changes to this Privacy Statement
CHANGES TO THIS PRIVACY STATEMENT. We reserve the right to update and revise this Privacy Statement at any time. We will post any new or revised Privacy Statement here. You should review this Privacy Statement regularly and every time you purchase product or otherwise provide Personally Identifiable Information (described below) through the Website to make sure that you are aware of the terms of this Privacy Statement. You can determine if this Privacy Statement has been revised since your last visit by referring to the Last Updated date at the top of this page. If changes are significant, we might also notify you of such changes by posting a notice on the homepage of the Website. Unless we indicate otherwise, your use of the Website following such revision constitutes your acceptance of and agreement to the terms of this Privacy Statement as amended, and the revisions will apply to all Personally Identifiable Information and Automatically Collected Information (described below) collected on and after the date on which we post the revised Privacy Statement. We do, however, reserve the right to change this Privacy Statement and to apply the changes to information previously collected, to the extent permitted by law. If the changes to this Privacy Statement will apply to your previously-collected information, we will notify you about the change by sending a notice to the email address associated with your account; we will only provide this notice to account holders.
14. Contact Us
If you have any comments or questions about this Privacy Statement or the use of your Personally Identifiable Information and Automatically Collected Information, please contact us:
Benchmade Knife Co., Inc.
Attn: Legal Services
300 Beavercreek Road
Oregon City, OR 97045
Toll Free: 1-833-557-2526
If you are based in the EU, we have appointed: YOON HUR, EDWIN COE LLP, ENGLAND AND WHALES, 2 STONES BUILDINGS, LINCOLN’S INN, LONDIN WC2A 3TH as our designated representative in the EU for the purposes of the General Data Protection Regulation. They will be responsible for overseeing all questions in relation to this privacy notice (including any requests to exercise your legal rights in respect of your data where you are based in the EU.