Effective date: May 23, 2018
Ben’s Garden, Inc., (collectively, “Ben’s Garden”), respect your concerns about privacy. Ben’s Garden participates in the EU-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce. Ben’s Garden commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU in reliance on the Privacy Shield. This Policy describes how Ben’s Garden implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Consumer” means any natural person who is located in the EU, but excludes any individual acting in his or her capacity as a Worker.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Partner” means any licensing or franchising partner or other third-party operating a Store under any of the Ben’s Garden brands.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Ben’s Garden in the U.S. from the EU, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Store” means a Store operated under any of the Ben’s Garden brands by Ben’s Garden or any of its affiliates or Partners, which Store is located in the EU.
“Worker” means any current, former or prospective employee, temporary worker, intern, contractor or other non-permanent employee of Ben’s Garden or any of its affiliates, who is located in the EU.
Ben’s Garden’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/. For more information about Consumer Personal Data processing with respect to information obtained through Ben’s Garden’s Sites and Stores, please visit the company’ s privacy notices on the Sites.
Types of Personal Data Ben’s Garden Collects
Ben’s Garden collects Personal Data directly from Consumers through the Sites and in Stores. Ben’s Garden obtains, uses, discloses and otherwise processes Personal Data about its Consumers to (i) process transactions they request, including e-commerce and mobile transactions, (ii) improve its Stores, Sites, quality of service, and Consumers’ shopping experience, (iii) send communications about its products, services, campaigns and promotions, (iv) prevent and detect fraud and abuse, (v) process information or claims in connection with incidents at Stores, (vi) enable service providers to perform certain activities on the company’ s behalf, and (vii) comply with legal obligations, policies and procedures and for internal administrative and analytics purposes.
Ben’s Garden also may obtain and use Consumer Personal Data in other ways for which the company provides specific notice at the time of collection.
In addition, Ben’s Garden obtains Personal Data, such as contact information and financial account information, of representatives of vendors and other business partners. Ben’s Garden uses this information to manage its relationships with its vendors and business partners, process payments, expenses and reimbursements, and carry out the company’ s obligations under its contracts with the relevant organizations.
Ben’s Garden’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Ben’s Garden provides information in this Policy and the privacy notices on the Sites about its Consumer Personal Data practices, including the types of Personal Data Ben’s Garden collects, the types of third parties to which Ben’s Garden discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact Ben’s Garden about its practices concerning Personal Data.
Relevant information also may be found in notices pertaining to specific data processing activities.
Ben’s Garden generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Ben’s Garden obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact Ben’s Garden as indicated below regarding the company’ s use or disclosure of their Personal Data. Unless Ben’s Garden offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
Ben’s Garden shares Consumer Personal Data with its affiliates and subsidiaries. Ben’s Garden may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Ben’s Garden also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
This Policy and the privacy notices on the Sites describe Ben’s Garden’s sharing of Consumer Personal Data.
Except as permitted or required by applicable law, Ben’s Garden provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Ben’s Garden requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Ben’s Garden and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Ben’s Garden (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Ben’s Garden’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Ben’s Garden if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Ben’s Garden remains liable under the Privacy Shield Principles if the company’ s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Ben’s Garden proves that it is not responsible for the event giving rise to the damage.
Ben’s Garden takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Ben’s Garden limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Ben’s Garden does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Ben’s Garden takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Ben’s Garden relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Ben’s Garden as indicated below to request that Ben’s Garden update or correct relevant Personal Data.
Subject to applicable law, Ben’s Garden retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Ben’s Garden provides Consumers with reasonable access to the Personal Data Ben’s Garden maintains about them. Ben’s Garden also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Ben’s Garden may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’ s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Ben’s Garden as indicated below.
Recourse, Enforcement and Liability
Ben’s Garden has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Ben’s Garden conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Ben’s Garden makes about its Privacy Shield privacy practices are true and that Ben’s Garden’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Ben’s Garden’s processing of their Personal Data. Ben’s Garden will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Ben’s Garden as specified below about complaints regarding Ben’s Garden’s Consumer Personal Data practices.
If a Consumer’ s complaint cannot be resolved through Ben’s Garden’s internal processes, Ben’s Garden will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Ben’s Garden. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Ben’s Garden’s compliance with the Privacy Shield Principles.
How to Contact Ben’s Garden
To contact Ben’s Garden with questions or concerns about this Policy or Ben’s Garden’s Consumer Personal Data practices.
Ben’s Garden, Inc.
Attention: Chief Privacy Officer
42 Grand Street
New York, NY 10013
MOBILE APPLICATION PRIVACY NOTICE
This Mobile Application Privacy Notice applies to each of the Ben’s Garden mobile applications (“Apps”). We are not responsible for the content, use, or privacy practices of any third-party sites linked from or otherwise accessible from the Apps that are not operated by Ben’s Garden.
Personal Information You Provide and How We Use It
Through our Apps, you can find the location of the nearest Ben’s Garden Store by entering your ZIP code or by allowing the Apps to use your current location to locate the nearest Store. You also may access Ben’s Garden’s website from the Apps. When you visit our website, we may collect certain personal information about you as described above in the Privacy Notice applicable to our website.
We may share personal information we collect through the Apps with service providers that perform services on our behalf and our affiliates. We also may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets.
The Apps are not directed to or marketed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 through the App. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 through the Apps, we will delete the information from our records.
We provide you with reasonable access to personal information we have retained about you and the ability to review, correct or update this information. To request access, please write to the address specified in the “Contact Us” section below.
We maintain administrative, technical and physical safeguards to help protect the personal information you provide through the Apps.
Changes to the Mobile App Privacy Notice
We may update this Mobile App Privacy Notice periodically and without prior notice. We will post a notice on the Ben’s Garden.com website and on the Mobile App Privacy Notice appearing on the App itself to notify you of any significant changes and indicate at the bottom of this page when the Notice was most recently updated.
If you have any questions or comments about this Mobile App Privacy Notice, please contact us by writing to:
Ben’s Garden, Inc.
Attention: Chief Privacy Officer
42 Grand Street
New York, NY 10013
Effective Date of Mobile Application Privacy Notice: February 25, 2013