Benchmetrics Privacy Policy

Benchmetrics recognizes the importance of protecting customer data. As such, Benchmetrics adheres to this privacy and use policy (the “Privacy Policy”) that describes to you how we collect and use your analytics data. Our Privacy Policy forms part of the Benchmetrics User Terms and Conditions (the “Terms”) and therefore the provisions included within the Terms apply to this Privacy Policy.

1. The Data We Collect

a) Analytics Data

In providing the Services, Benchmetrics collects your analytics data as provided by third party analytics data providers (e.g., including, but not limited to, Google Analytics). All analytics data available from those providers is made available to Benchmetrics: a) when you create a Benchmetrics account; and, b) after you select the account, properties and views you wish for us to compare to your peers, as available. The use of such data is subject to this Privacy Policy and the Terms.

2. Our Use of Your Data

a) Ownership of Intellectual Property

Benchmetrics does not acquire any ownership of any intellectual property rights in the data that you submit to Benchmetrics, except as expressly provided in this Privacy Policy and the Terms. For the purpose of enabling Benchmetrics to provide the Services, you give Benchmetrics a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use the data submitted, posted or displayed through your Benchmetrics and/or third party analytics data provider(s) accounts. “Use” within this Privacy Policy and the Terms means use, host, store, modify, communicate, and publish. Before you submit data to Benchmetrics, you will ensure that you have the necessary rights to grant us this license.

b) Granting of Permission to Use Data

By creating a Benchmetrics account, you expressly permit Benchmetrics to:

  1. use, collect and contribute all of your analytics data to an aggregate data set and provide benchmarking metrics to you and other users so as to identify data trends within industry and/or peer groups;
  2. scrape, build databases, or otherwise create permanent copies of your analytics data, or keep cached copies longer than permitted by the cache header; and,
  3. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, and/or sublicense your analytics data to any third party.

c) Anonymity

We take anonymity seriously. The metrics we use as provided through your account are made public to other Benchmetrics’ customers and/or users, but your identity is kept anonymous, unless you have provided express permission to be identified. That is, the metrics reporting we provide to you, for example, will show industry or peer group averages (as well as the top performer) in each category, but specific performers will not be personally identified, unless they/you have permitted for such identification. You will generally not see the names of other users and vice versa; you will typically only see their metrics and how you stack up. For certainty, identities will be removed in the disclosure of metrics benchmarking, unless permission has been previously provided.

d) Promotional and Marketing Use

In the course of promoting, marketing or demonstrating the Services to potential customers, industry stakeholders, investors or any third parties, Benchmetrics may produce and distribute depictions, including screenshots, video, written copy or other content from your data and/or from our use of your data, and you grant Benchmetrics all necessary rights for these purposes, subject only to your rights of anonymity under this Privacy Policy.

Benchmetrics may also offer training or recommend vendors to you based on what Benchmetrics identifies as necessary or helpful in improving your performance.

e) Associated Parties

Benchmetrics shares user information across Benchmetrics-owned business entities and companies working on our behalf, but only as required to meet your product or service requirements.

Benchmetrics may occasionally contract with third-party service providers and suppliers to deliver complete products, services and customer solutions. Service providers and suppliers are required to keep confidential the information received on behalf of Benchmetrics and may not use it for any purpose other than to carry out the services they are performing on our behalf. These service providers may change or we may contract with additional service providers to better accommodate our customers.

3. Your Obligations

a) Ownership and Licensing of Benchmetrics’ Produced Data

By using the Services, you do not acquire ownership of any rights in the data produced by Benchmetrics or the content that is accessed through your Benchmetrics account.

Benchmetrics grants you a limited, revocable, worldwide, non-sublicensable, royalty-free, and non-exclusive license to use the data provided through your Benchmetrics account. “Use” within this section only means solely for private use and internal communication. No other license is given by Benchmetrics.

b) Prohibitions on Content

Unless expressly permitted by Benchmetrics or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned and/or produced by Benchmetrics:

  1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted;
  2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, and/or sublicense to any third party;
  3. misrepresent the source or ownership; or
  4. remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

4. Correctness and Completeness of Data

a) Limitation of Liability


Note that the limitations of liability as outlined in the Terms shall apply in relation to the correctness and completeness of data, or lack thereof.

5. Privacy Legislation and User Information

a) Applicability

Benchmetrics complies, and will continue to comply, with all applicable privacy laws and regulations. Although we do not collect personal information as defined by federal and provincial privacy legislation, should we ever, through our business activities, collect, use or disclose personal information thereby bringing us within the application of personal information privacy legislation, we will undertake to abide by appropriate and legislated safeguards.

b) Non-personal Information

Non-personal information is data about usage and service operation that is not associated with a specific personal identity, including but not limited to pages visited on the Benchmetrics websites, unique URLs visited within our website, browser type, and IP addresses. Please note that Benchmetrics collects and analyzes non-personal information to evaluate how visitors use the Benchmetrics website. Most non-personal data is collected via cookies or other analysis technologies.

c) Credit Card Information

Any credit card information collected from you by Benchmetrics is used only for payment processing and fraud prevention. This information is not used for any other purpose by us or our financial services providers and will not be kept longer than necessary in providing the Services, unless you ask us to retain your credit card information for future purchases.

6. Confidentiality

a) Confidentiality

Our communications to you may contain confidential Benchmetrics information. Such information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Benchmetrics’ prior written consent. Benchmetrics’ confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligations, or that becomes public through no fault of your own. You may disclose Benchmetrics’ confidential information when compelled to do so by law as long as you provide us reasonable prior notice.

Thank you for choosing Benchmetrics! Should you have any questions about our Privacy Policy, please send them through our contact form or by using the contact information noted at the end of the Terms.

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