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Privacy Policy

BenVista is a trading name of Ben Vista Ltd ("we", "our" or "us") registered in the Netherlands under number 09155863 with registered offices at: Jansbinnensingel 26, 6811 AL, Arnhem, the Netherlands.

This Privacy Policy, together with our Terms and Conditions, and any documents it references, set out the basis on which we will process any Personal Data (as defined below) which you provide to us as a result of using or interacting with the benvista.com website ("Our Website"). We aim at all times to process and collect your data lawfully, transparently, fairly and without adversely affecting your rights as a Data Subject (as defined below).

Please read the following carefully to understand our practices and procedures. We may modify this Privacy Policy from time to time without notice. When we do we will update the "Last Updated" date. It is therefore important that you regularly review this Privacy Policy to ensure you are updated as to any changes.

Where this document is translated into a language other than English, in the event of any dispute arising with respect to its interpretation, the English language version shall prevail.

Definitions

In this policy the following terms shall have the following meanings:

Data Protection Legislation: the General Data Protection Regulation ("GDPR") and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the Netherlands.

Data Subject: a natural identifiable person.

Personal Data: any information related to an identified or identifiable natural person.

Who controls the Personal Data that is collected?

For the purpose of the Data Protection Legislation, the data controller and data processor is Ben Vista Ltd, a limited liability company registered in the Netherlands under number 09155863 with registered offices at: Jansbinnensingel 26, 6811 AL, Arnhem, the Netherlands.

If you have any queries relating to our use of your personal information or any other related data protection questions, you can contact our nominated Data Protection Officer at dataprotection@benvista․com or write to us at: Ben Vista Ltd, attn. Data Protection Officer, Jansbinnensingel 26, 6811 AL, Arnhem, the Netherlands.

If you are not satisfied with any action taken or response given by us, you have the right to complain to the Dutch Data Protection Authority (Dutch DPA) at https://autoriteitpersoonsgegevens.nl/en/ or help line telephone number: (+31) - (0)70 - 888 85 00.

In the event that BenVista, its parent company or trading names and brands are subject to a change of ownership, the control and permissions that you have granted us with regard to your Personal Data will be transferred to the new owner.

How do we collect Personal Data?

Our website:

  • When you visit our website, we use cookies (see below for more information about cookies) to collect website usage information such as the type and version of browser and operating system you use. Cookies are not used to store personal details such as your name and address.
  • When you sign up to receive our newsletters or make a purchase on Our Website, we store the Personal Data you provide, such as your name, address, and email address.
  • If you: (a) complete one of our enquiry forms on Our Website; (b) enter into a contract with us for our services; (c) report a problem with Our Website; or (d) otherwise correspond with us, we may collect your name, title, address, company name, web address, email address, phone number, IP address, browser type and version, operating system version, and language preference.

Our applications:

Our software applications collect some anonymous information, for example application name and version number, language and OS version but no Personal Data. This is used to notify you of product updates.

Why do we process and store your Personal Data?

We will only ever collect and use your Personal Data in accordance with Data Protection Legislation. Our grounds for processing your Personal Data are as follows:

  • Consent

    In some cases, we will process your Personal Data based on obtaining your express consent for us to do so, for example when signing up to receive our newsletter. Where this applies, we will always offer you the opportunity to withdraw your consent for this processing at any time.
  • Contract

    It may be necessary for us to collect and store your Personal Data to fulfil our contractual obligation to you. For example, we may need to retain a copy of your email address where it forms part of the product license you purchase from us.
  • Legitimate Interests

    Under the GDPR there is a concept of "legitimate interests" as a justification for processing your Personal Data, where we have good and fair reasons to do so in ways which do not adversely affect your interests and rights.

Our legitimate interests for processing your Personal Data are:

  1. To enable you to fully access and use Our Website and to provide customer support where required.
  2. To provide a personalized checkout experience on our store. We will use your country and IP address to display relevant services, and pricing in your local currency.
  3. To personalize our communications with you.
  4. To detect and prevent fraud and abuse of Our Website and store, and to help keep our services secure.
  5. To improve the quality of your experience on Our Website. We are always working to improve Our Website and our products, and may use certain information such as your IP address and language preference to help us achieve this.

Where do we store Personal Data?

Website Data

We store all Personal Data collected via Our Website on secure servers administered by A2 Hosting, Inc., located in the USA, and on our own secure servers administered by Ben Vista Ltd, located in the Netherlands.

Payments

We use PayPal (www.paypal.com) to process certain payments made via our store. If you choose the 'Credit Card' or 'PayPal' option at checkout, we will pass some of your order details to PayPal to enable them to complete the transaction. PayPal will store some of your details as a reference against your transaction in case we need to process a refund or provide support, and for fraud prevention purposes.

PayPal is based in the United States. For more information, see the Privacy Policy on PayPal's website: www.paypal.com.

We use Mollie (www.mollie.com) to process certain payments made via our store. If you choose the 'Sofort Banking', 'iDeal', 'Bancontact/Mister Cash', 'Bitcoin', or 'Bank Transfer' option at checkout, we will pass some of your order details to Mollie to enable them to complete the transaction. Mollie will store some of your details as a reference against your transaction in case we need to process a refund or provide support, and for fraud prevention purposes.

Mollie is based in the Netherlands. For more information, see the Privacy Statement on Mollie's website: www.mollie.com.

Email Communications

Some of our email communications are administered through Intuit Mailchimp (www.mailchimp.com), and we may store some of your Personal Data - including your name, email address and contact preferences - on an Intuit Mailchimp server. Intuit Mailchimp may process and store your data outside the European Economic Area.

Intuit Mailchimp is based in the United States. For more information, see the Privacy Policy on Intuit Mailchimp's website: www.mailchimp.com.

Do we share Personal Data?

We will not share your Personal Data with third parties without having obtained your consent. We will only disclose your Personal Data, without your consent or without notice, if required to do so by law or if in good faith we believe that such action is necessary to:

  • Conform to the edicts of the law or comply with legal process served on us.
  • Protect and defend our lawful rights and property.
  • Act in urgent circumstances to protect the personal safety of our customers and the public.

How can you gain access to Personal Data?

You can request and obtain details of the Personal Data we may hold about you by emailing us at dataprotection@benvista․com, or writing to us at the following address:

BenVista
attn. Data Protection Manager
Jansbinnensingel 26
6811 AL Arnhem
The Netherlands

When contacting us, please quote your name and email address. We would be grateful if you could also provide brief details of the information required as this will help us to accurately respond to your request.

For the protection of all our customers, we will take all reasonable steps to confirm your identity before providing you with details of any Personal Data we may hold about you.

We will normally respond to all such requests within 30 days.

How can you make changes to your Personal Data?

If you find that any of the Personal Data we hold for you is incorrect or incomplete, you have the right to request that we rectify these errors.

You can request we update your Personal Data by emailing dataprotection@benvista․com․ Please include as much detail as possible regarding the changes you wish to make, as this will help us in dealing with your request.

We will normally respond to all such requests within 30 days.

Your right to be forgotten

You can request that we delete your account and any Personal Data we have collected from you by emailing us at dataprotection@benvista․com․ Please provide your name and email address to help us with your request. Please note that we may not be able to delete your data if we are obliged to retain it to fulfil a legal or statutory obligation.

Please be aware that once deleted, your Personal Data will no longer be accessible and cannot be restored so you should ensure that anything that you wish to keep is backed up before proceeding.

We will normally respond to all such requests within 30 days.

How secure is your Personal Data?

We recognize that people are increasingly concerned about the protection of Personal Data from misuse and abuse, and about privacy in general. We constantly review and enhance our technical, physical and managerial procedures in connection with the collection, storage and disclosure of Personal Data in order to protect it from unauthorized access, accidental loss and/or destruction.

Where necessary, we use industry standard technology to encrypt sensitive data.

Do we transfer Personal Data overseas?

The Internet is a global environment. Using the Internet to collect and process Personal Data involves the transmission of data on an international basis. The data we collect from you may be stored in the European Economic Area as well as outside the European Economic Area. By browsing Our Website and communicating with us you acknowledge and agree that your Personal Data may be transferred overseas. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Do we monitor and/or record communications?

Monitoring or recording of your calls, emails, and other communications may take place in accordance with Dutch law, and in particular for business purposes, such as for quality control and training, and in order to prevent or detect crime. Please visit the following website for further information: www.autoriteitpersoonsgegevens.nl/en/.

Children

We do not knowingly collect Personal Data from anyone under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed personal information to us, please contact us at dataprotection@benvista․com․

Where processing of Personal Data is based on consent, if we learn that this data belongs to someone under the age of 16, we will cease processing and will take reasonable measures to delete the applicable information from our records, unless the consent is provided by a parent or guardian.

Cookies

A cookie is a small text file that is placed onto your computer via your web browser when you visit a website. Cookies are used to save certain information and are only used to store data. They are not used to do anything harmful like starting a process or infecting your computer.

What cookies do we use?

We do not use tracking Cookies. Our Website uses strictly necessary Cookies, basic functionality Cookies (which for example allow Our Website to remember your language preference and provide a correctly functioning shopping cart), and non-tracking third party cookies from Vimeo (which are required in order to watch video tutorials on Our Website's Support page).

Questions

If you have any questions about our Privacy Policy, please get in touch.

Last Updated: 6th December 2023


 

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