This Privacy Policy, together with our Terms of Use, governs Ben Capital’s collection, use, disclosure and other processing of your Personal Data arising from your access to or use of the Ben Capital Platform and/or the Ben Capital Services, including registering for or subscribing to an Account, and buying and/or using our products and services.
As used in this Privacy Policy, “Ben Capital”, “we”, “us” or “our” refers to, as applicable, Ben Capital., registered within the (Text) under the number (xxxxxx-xxxx), with its registered address at (Address, Zip City, Country); is the data controller under this Privacy Policy, which sets out the manner in which the company as data controller in respect of our respective clients, may use your Personal Data.
If you have any questions or need any further clarification regarding this Privacy Policy, please get in touch with us. Our contact details are set out below in the Contact Us section.
Capitalised items in this Privacy Policy have the meaning set out in the Definitions section below. Other shall have the same meaning as ascribed to them in the relevant Ben Capital Terms of Use.
By accepting this Privacy Policy or by accessing or using the Ben Capital Platform and/or the Ben Capital Services, you: (a) acknowledge that you have the right, capacity and authority to accept this Privacy Policy; (b) acknowledge that you have read and understand this Privacy Policy; and (c) consent to the processing of your personal data by Ben Capital in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, do not accept it and do not access or use the Ben Capital Platform and/or the Ben Capital Services.
This Privacy Policy was last revised on April 10, 2022. We may update this Privacy Policy from time to time to ensure ongoing compliance with DP Law and for any other purpose we deem reasonably necessary, so it is advisable that you review it frequently. Changes to this Privacy Policy will be announced on our website or through similar means for a reasonable length of time prior to and following the change(s) taking effect. Your continued access to or use of the Ben Capital Platform and/or the Ben Capital Services constitutes your acknowledgment and acceptance of such changes.
Ben Capital is committed to protecting and respecting your privacy. The purpose of this Privacy Policy is to describe:
We collect the Personal Data which you provide directly to us or which we generate when you open an Account, perform any transactions on the Ben Capital Platform, or use other Ben Capital Services. This may include:
It is important to note that the Personal Data we collect when you create an Account will be retained for the mandatory retention period set forth by applicable law as it is necessary for us to maintain an exhaustive documentation of our operations as required from us as regulated financial sector professionals, even if your Account has not been successfully activated (e.g. if Account verification has not been completed) or no transaction has been made using it.
It is important to note that the Personal Data we collect when you create an Account will be retained for the mandatory retention period set forth by applicable law as it is necessary for us to maintain an exhaustive documentation of our operations as required from us as regulated financial sector professionals, even if your Account has not been successfully activated (e.g. if Account verification has not been completed) or no transaction has been made using it.
Cookies are typically stored on your computer’s hard drive. Information collected from cookies is used by us to evaluate the effectiveness of our Site, analyse trends and administer the Platform. The information collected from cookies allows us to determine such things as which parts of the Site website are most visited and what difficulties our visitors may experience in accessing the Site. With this knowledge, we can improve the quality of your experience on the Platform by recognising and delivering more of the most desired features and information, as well as by resolving access difficulties. We also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails, and to provide you with a more personalized experience when using our Site.
We use one or more third-party service providers, to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our Site, what products are browsed and general Transaction information. Our Service provider(s) will analyse this information and provide us with aggregate reports. The information and analysis provided by our Service provider(s) will be used to assist us in better understanding our visitors’ interests in our Site and how to better serve those interests. The information collected by our Service provider(s) may be linked to and combined with information that we collect about you while you are using the Platform. Our service provider(s) is/are contractually restricted from using the information they receive from our Site for any other purpose than to assist us.
If you want to avoid using cookies altogether, you can disable cookies in your browser. However, disabling cookies might make it impossible for you to use certain features of our website or Services, such as logging in to your Account or making Transactions.
For more information about cookies, the types of cookies we use and how we use them please see our Cookie Policy.
We collect, use, disclose and / or otherwise process your Personal Data for a variety of reasons. We need some information to enter into and perform our contract to provide our Services to you – for example, your contact and payment details. Some information processing is required by law, including but not limited to, due to our anti-money laundering, counter-financing of terrorism and anti-fraud screening obligations. Where we process special categories of personal data (for example, your biometric data during the identity verification process), we may ask for your consent, but may also, as permitted by law, rely on substantial public interest (regulatory requirements, preventing fraud, terrorist financing and/or money laundering) or our right to establish, exercise or defend legal claims.
Some Personal Data is processed because you have given your consent, which can be withdrawn. We collect, use, disclose and/or process other Personal Data because we have legitimate business interests to do so, having taken into account your rights, interests and freedoms.
We may use your Personal Data to:
In the event we require to use your Personal Data for any other purposes, we will notify you and obtain your consent beforehand, unless we are required or permitted under DP Law to process your personal data without your consent.
We may make automated decisions on certain matters. For example, we may do this to decide whether we can provide our Services to you based on a credit check/risk profiling. Depending on the outcome of the credit check/risk profiling, a decision is reached automatically as to whether we are able to provide products or Services to you based on your credit worthiness.
If you disagree with the decision you are entitled to contest this by contacting us at the following email address: dpo@bencapital.com
We may also occasionally communicate company news, updates, promotions and information relating to similar products and Services provided by Ben Capital. We may also administer a contest, promotion, giveaway. survey or another Site or Platform feature as is further explained on the Site. We shall only do this where you have given us your consent or otherwise where we are permitted to do so under DP Law, including in pursuit of our legitimate interests (that is, promoting our Services).
We may share Personal Data with third parties to help us with our marketing and promotional projects, or to help us with sending marketing communications.
If you want to opt out of receiving promotional and marketing emails, text messages, posts and other forms of communication from us (or our promotional partners), which you might receive in accordance with this section, you can choose one of the following ways:
We may disclose your Personal Data to third parties and legal and regulatory authorities and transfer your Personal Data outside the EEA, as described below.
There are certain circumstances where we may transfer your Personal Data to employees, contractors and to other parties.
Ben Capital's third-party Service providers are contractually bound to protect and use your Personal Data only for the purposes for which it was disclosed, except as otherwise required or permitted by law. We ensure that such third parties will be bound by terms complying with DP Law.
We may share your Personal Data with law enforcement, data protection authorities, government officials and other authorities when:
We store and process your Personal Data in data centers around the world, where Ben Capital facilities or service providers are located. As such, we may carry out cross-border transfers of your Personal Data outside of the European Union.
We may transfer your Personal Data outside of the European Union or outside of your country of origin. Some of the countries to which your Personal Data may be transferred to for these purposes that are located outside the EU do not benefit from the adequacy decision issued by the EU Commission regarding protection afforded to Personal Data in that country. Details of these specific countries can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en Such transfers are undertaken in accordance with our legal and regulatory obligations, and appropriate safeguards under applicable DP Law will be implemented, such as standard data protection clauses, with data recipients or processors approved by competent authorities. A description of appropriate safeguards may be requested at the address set out in the Contact Us section.
You have certain rights concerning your Personal Data under DP Law, as mentioned below, and can exercise them by contacting us at dpo@bencapital.com Please note that these rights may differ depending on the applicable DP Law.
Once a request is received Ben Capital will answer without undue delay and, in any case, within one month. If the complexity or number of requests received does not allow Ben Capital to answer to the particular request within the time frame, Ben Capital is entitled to extend that period for up to two extra months by informing you about such delay within the initial period.
Access: Subject to applicable DP Law, you are entitled to ask us if we are processing your Personal Data and, if we are, you can request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and certain other information about it to check that we are processing it lawfully. We process a large quantity of information and can thus request, under certain circumstances and in accordance with applicable DP Law, that before your Personal Data is delivered, you shall confirm your identity and specify the information or processing activities to which your request relates. There are certain circumstances where we may refuse, or we are required to deny, an access request; for example, we may be required to deny an access request where the Personal Data subject of such request could reveal Personal Data about another individual.
Correction: Subject to applicable DP Law, you are entitled to request that any incomplete or inaccurate Personal Data we hold about you is corrected. There are certain circumstances where we may refuse a correction request; for example, we may refuse a correction request in respect of a document related to an ongoing prosecution.
Erasure: you are entitled to ask us to delete or remove Personal Data in certain circumstances. There are also certain circumstances where we may refuse a request for erasure; for example, we may refuse an erasure request where the Personal Data is required for compliance with law or in connection with claims.
Restriction: Subject to applicable DP Law, you are entitled to ask us to suspend the processing of certain parts of your Personal Data; for example, if you want us to establish its accuracy or disclose the reason for processing it. There are certain circumstances whereby we may require reasonable notice before we suspend processing your Personal Data pursuant to your request.Transfer: Subject to applicable DP Law, you may request the transfer of a certain part of your Personal Data to another party.
Objection: Subject to applicable DP Law, where we are processing your Personal Data based on a legitimate interest (or that of a third party) you may challenge this. However, we may be entitled to continue processing your Personal Data based on our legitimate interests or where this is relevant to legal claims or where processing is otherwise required or permitted under applicable DP Law. You also have the right to object where we are processing your Personal Data for direct marketing purposes. There are certain circumstances whereby we may require reasonable notice before we cease processing your Personal Data pursuant to your objection.
Automated decisions: Subject to applicable DP Law, you may contest any automated decision made about you where this has a legally or similarly significant effect and ask for it to be reconsidered.
Where you have given consent to a particular processing, you have the right to withdraw such consent by email at dpo@bencapital.com. Note that such withdrawal will only be effective for the future and that, according to applicable DP Law, it does not affect the lawfulness of processing based on consent given before such withdrawal and it does not affect any legal consequences arising from such withdrawal. For example, if we are prevented from processing your Personal Data due to your withdrawal of consent, you might be unable to access or use the Ben Capital Platform or the Ben Capital Services (or parts thereof) if such access or use requires us to process your Personal Data.