Privacy Policy

Effective Date: May 1, 2023
Date of Last Update: June 5, 2023

This Privacy Statement describes how Benjamin Systems, LLC. (“Benjamin”) collects, uses, shares or otherwise processes information relating to individuals (“Personal Data”) and the rights associated with that processing. A reference to “Benjamin,” “we,” “us,” “our,” or the “Company” is a reference to Benjamin Systems. By using our Site and Services, you acknowledge you have read and understood this Privacy Policy and our practices described below. Your use of our Site and Services is also subject to our Terms of Use.

SCOPE AND LIMITATION OF THIS POLICY

The Benjamin Platform (“Platform”) is a Software-as-a-Service (SaaS) tool to facilitate consensual nonprofit matching, donor bundling, and donor-matching between our Fundraising Clients, our Bundler Clients, and our Donor Clients (individually and collectively referred to as “Clients”). 

Our Fundraising Clients typically include nonprofits organizations, social organizations, advocacy groups, social movements, political campaigns and committees, their staff, their consultants, and others delegated access to the Platform by the Fundraising Clients. Our Bundler Clients include  individual donors, organizational donors and others who act as “bundlers” to collect or solicit donations from Donor Clients, or individuals delegated access to the Platform by our Clients for purposes of sourcing potential donors. Our Donor Clients include individuals and organizations that have historically or may in the future make donations to our Fundraising Clients. The purpose of our Platform requires that we receive data from all three categories of Clients, that Clients provide information on and to other Clients, and that we make Donor Client recommendations to Bundler and Fundraising Clients.  

By using the Platform, you acknowledge and agree that when you use this Platform you do so with the specific intent that your Personal Data may be shared with other Benjamin Clients. Such sharing is the purpose of the Platform. 

This Privacy Policy is subject to two significant limitations: 

1. Off-Platform Activities by our Clients

This Privacy Policy does not apply to any activities by any of our Clients that occur off the Platform, or to the extent we merely process a Client’s pre-existing Personal Data as a service provider on behalf of our Clients, including where we offer to our Clients products and services through which our Clients (or their affiliates): (i) create their own applications running off of data provided by our Platform; (ii) host events, solicit fundraising, sell, or offer their own products and services based on data we process for them on the Platform; (iii) solicit, collect, or make payments on an affiliated platform, (iv) send electronic or other communications to others; or (v) otherwise collect, use, share or process Personal Data collected via our products and services (collectively “Off-Platform Activities”). Because we are not aware of, and we do not and cannot control these activities by our Clients, the collection and distribution of Personal Data in Off-Platform Activities  is governed by the Privacy Policies of the individual Clients engaging in that activity. It is not governed by this Privacy Policy. 

2. Client-Provided Pre-Existing Donor Lists

To use our Platform, many Fundraising and Bundler Clients will provide Benjamin with pre-existing historical donor lists, prospective donor lists, or personal contact lists (“Client-Provided Pre-Existing Lists”). These lists may contain Personal Data and information on donation history, donation preferences, donation record, donation amounts, events attended, personal preferences, biographic or personal details, contact information, or any other information another Client may already possess. This information is uploaded by Clients into Benjamin for purposes of using the Platform to process that data. In this case Benjamin is merely a Processor to help a Client organize and manage that Client’s fundraising data and activities. Benjamin does not know how or when that data was collected. When Benjamin merely serves  as a Processor, questions about that Personal Data should be directed to the Client that provided the list. Personal Data on that list is subject to the Providing Client’s own Privacy Policy. This Privacy Policy does not apply to the data gathering activities applicable to Client-Provided Pre-existing Donor Lists. 

In some cases our Fundraising Client’s may choose to use a white-labeled version of the Platform (e.g., using Client’s own brand). In others cases our Fundraising Clients may choose to use a non-white-labeled platform (e.g., branded as Benjamin, but used and controlled by our Client). In all cases, Benjamin provides only the matching service and Benjamin does not control how our Clients use or share your Personal Data provided to them either by you directly or by you through the Platform, and you agree to fully and complete indemnify Benjamin against any and all claims based on how these Clients use of your Personal Data. 

For detailed privacy information related to how an individual Benjamin Client or Client affiliate who uses Benjamin products and services, please contact that Client directly. We are not responsible for the privacy or data security practices of our Clients, which may differ from those explained in this Privacy Statement. 

This Platform is intended for use only by individuals who are eighteen (18) years of age or older and are located in the United States.

INFORMATION WE COLLECT ABOUT YOU

When you use our Site, our Services or otherwise choose to interact with us, we receive personal information about you such as when you register for and create a profile on our Site. Personal information means information from which you may be identified both directly (from that information alone) and indirectly (when different pieces of information are combined).

We may collect and process the following personal information directly from you or by contact list or donor list upload from a Fundraising Client or Bundler Client.

• Name and contact. This information may include your name, address phone number, email address, and other information provided if you fill in forms on our Site or otherwise contact us.
• Account login details. If you choose to sign up and create an account, we will collect your name, chosen username and password. These may include log-in credentials for Google or Microsoft is you choose to use those authenticators for your log-in.
• Account profile details. On your Benjamin profile, you can make additional optional personal details available including a photo, biography, links, and other similar information.
• Identity details.We may need to collect certain information to verify your identity, including your name, date of birth, applicable tax or other national issued identifiers, Social Security number, and /or other legally recognized identity documentation such as your driver’s license.
• Donor/Bundler preference and personal details. You may provide us information on your preferred causes, issues, interests, donation history, political preferences, candidate preferences, donation preferences, donation record, donation amounts, wealth, income, and donation capacity, charitable or donation events attended, personal preferences, biographic or personal details, contact information, network, contacts, or any other information to aid in matching Clients to donation opportunities.
• Compliance requirements. To ensure compliance with legal requirements, we may need to collect your state, occupation, employer, and other information necessary to verify your identify or comply with regulations.
• Donation record and related information. You or another Benjamin Client  may provide Benjamin with pre-existing historical donor or prospective donor lists. (See “Donor-Provided Pre-existing Lists”) above. These lists may contain information on your donation history, donation preferences, donation record, donation amounts, events attended, personal preferences, biographic or personal details, contact information, or any other information another Client may already possess about you. This information is uploaded by Clients into Benjamin for purposes of using the Platform to organize and manage that Client’s fundraising activities. Benjamin is merely a processor of that Personal Data. Questions about that Personal Data should be directed to the Client that provided the list. Personal Data on that list is subject to the Providing Client’s own Privacy Policy, and is not subject to this Privacy Policy. 
• Fundraising Client details. We may collect information about your organization, including other officers, consultants, events, candidate, donor prospect lists, and other information.
• Compliance information. We may need to request information in connection with business legal and regulatory risk checks.
• Questions or comments. We also collect information when you post questions or comments on our Site, send or receive direct messages from other users or when you contact us, including via email, or social media.

If you provide us, our service providers or our affiliates with any Personal Data relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Statement. If you believe that your Personal Data has been provided to us improperly, or want to exercise your rights relating to your Personal Data, please contact us.

When you visit our Website.

We may automatically collect certain information when you use our Site including:

• Interaction information about your use of our Site, including the full Uniform Resource Locators (URL) clickstream to, through and from our Site including the actions you take, the pages or other content you view, search for or otherwise interact with, content response times, and the dates and times of your visits.
• Technical and device information,such as you IP address used to connect your device to the internet, operating system information and web browser and /or device type, version and time zone setting and language.
• Location information,we may derive your regional location from your IP address.
• Cookies and similar technologies,When you visit our Site, we and our service providers collect certain information through the use of “cookies” and other similar technologies to better understand how our users navigate through our Site, learn what content is being viewed and administer and improve our Site and Services. Cookies are small text files that web servers place on an internet user’s device that are designed to store basic information and recognize your browser. We use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Site. We use cookies /and other similar technologies either alone or in combination with each other to create a unique ID which corresponds to you. 

Information from other sources.

• Social Media, If you make your personal information publicly available, such as information posted to social media sites when you tag us, or otherwise interact with our social media channels and posts, for example by liking a post, we may collect personal information such as your social media profile name and picture or content you post, like and reactions to your posts.
• Third Party Integration, If you decide to register through or otherwise grant access to a third party data, compliance, or authentication service that we may make available (“Integrated Service”), such Google and Microsoft, we will collect certain personal information that you have provided to the Integrated Service (such as your name, email address, photo and other information you make available via the Integrated Service) and an authentication token from the Integrated Service. The personal information collected from the Integrated Service may be used to register you on our Site and to provide some of the features of our Site. You may revoke our access to your account on the Integrated Service at any time by updating the appropriate settings in the account preferences of the respective Integrated Service. You understand that certain features of our Site may not be available to you if you choose to remove our access to your account with the Integrated Service.
• Data providers. We also collect information about you from other sources including partners from whom we collect or purchase Personal Data or who provide us with publicly available information which may contain Personal Data. We may combine this information with Personal Data provided by you.

HOW WE USE THE INFORMATION WE COLLECT

We may use the information we collect for the following purposes:

• To take steps to enter into any contract or carry out obligations arising out of our terms or agreements with you including to:
  • administer your account with us
  • provide services to you, including donor CRM, donor bundling, event, call time, and related services to you under our agreement
  • provide digital bundling and event services
  • recommend and connect you with new or additional donors
  • notify you about changes to our Services
  • keep a record of transactions
  • to allow communication between Clients
• To comply with legal obligations to which we are subject including:
  • identity and/or checks
  • record keeping requirements
  • Compliance and cooperation with regulatory authorities
• Where necessary in our legitimate interests
  • In providing the information you request from us, including responding to any queries you have submitted
  • in managing corporate risk, security and compliance operations
  • to enforce this Privacy Policy or other terms to which you have agreed, and to protect the rights, property or safety of us, our Site our users, or any other person.
• With your consent, where required, for example to send you our marketing communications.
• Unless we are required to obtain your consent, we will use this information in our legitimate interests where we have considered these are not overridden by your rights, including to::
  • provide, improve and personalize our Site
  • monitor and analyze usage trends and preferences
  • keep our Site and Services safe and secure
  • engage in data sharing agreements to obtain data to better serve Clients
  • measure or understand the effectiveness of our communications or advertising to you and others and to deliver relevant advertising to you
• Information from other sources
  • Unless we are required to obtain your consent, we will use this information in our legitimate interests where we have considered these are not overridden by your rights, including:
    • to use information obtained via social media channels for our own analysis and marketing purposes.
    • for general marketing and promotion of our products
    • to expand and improve our product offering to better serve Clients
• Use of Cookies and other Technologies
  Necessary Cookies
  • to communicate with our customer support team
  • to authenticate users and protect against fraud.
  • for user login.
  • for attack and spam prevention.
• Analytics cookies
  • to recognise and count the number of visitors and to see how they engage with our Site content and features. This helps us for our legitimate interests of improving the way our Site works, in order to provide you with the most relevant content. For example, ensuring that users are finding what they are looking for easily. 
  • to see a visual representation of how users are interacting with our Site. This helps us for our legitimate interests of fixing technical issues and improving the operation of our Site. 
  • to track engagement by visitors to the Site and to manage enquiries from our Site
  • to monitor user engagement on email and the performance of our email campaigns 
• Advertising cookies
  • Google advertising cookies are used to show you our ads on other websites across the Internet. These ads may be directed to you based on your past visits to our Site and your use of our Site.
  • Social networking cookies
    These cookies help us to manage our social media, including enabling you to share content and enabling us to understand how you interact with us.

HOW WE SHARE INFORMATION WE COLLECT

We may make your Personal Data available to:

• Other Clients on the Platform per the purpose and Terms of Use of the Platform
• Campaigns you decide to contribute to
• Events you decide to attend
• Bundlers you decide to work with
• Other users when you send or receive direct messages, emails, or embedded calls from other users.
• Service providers we use to provide services or data to us and on our behalf and in accordance with our instructions. This includes in supporting our Services. 
• provide, improve and personalize our Site
• monitor and analyze usage trends and preferences
• keep our Site and Services safe and secure
• engage in data sharing agreements to obtain data to better serve Clients
• measure or understand the effectiveness of our communications or advertising to you and others and to deliver relevant advertising to you
• for general marketing and promotion of our products
• to partners and affiliates to expand and improve our product offering to better serve Clients
• Benjamin affiliates: With affiliates within the Benjamin corporate group and companies that we acquire in the future after they are made part of the Benjamin corporate group.
• Event sponsors: If you attend an event or webinar organized by us, or download or access an asset on our website, we may share your Personal Data with sponsors of the event. 
• Partners: With specific partners that offer supplementary services to those provided by Benjamin, such as partners that offer sustainability resources, or that resell Benjamin services, to the extent you consent to such sharing (where required by applicable law);
• Customers with whom you are affiliated and the applicable partner responsible for access to your services: If you use our services as an authorized user, we may share your Personal Data with your affiliated customer and/or the applicable partner responsible for your access to the services to the extent this is necessary for verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies; 
• Contest and promotion sponsors: With sponsors of contests or promotions for which you register in order to fulfill the contest or promotion;
• Third party networks and websites: With third-party social media networks, advertising networks and websites, so that Benjamin can market and advertise on third party platforms and websites;
• Professional advisers: In individual instances, we may share your Personal Data with professional advisers acting as service providers, processors, or joint controllers – including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your Personal Data;

USER DATA OBTAINED FROM GOOGLE OR MICROSOFT 

Our Google and Microsoft User Data Integration Services

We have partnered with a third-party provider called Nylas, Inc. to provide optional communication features within the Benjamin platform via API interface with Google and Microsoft. These features are optional and require the Client’s clear consent and access credentials.

Who requests the user data?

Our Clients provide consent for Nylas to access their Google or Microsoft email, calendars, and contacts using the log-in credentials provided by the Client.

What data is the user requesting?

By providing these credentials, Clients authorize Nylas to access their Google or Microsoft email, calendars, and contacts. These credentials are also an optional means of authenticating the user upon user log-in to Benjamin.

Why are you requesting Google user data?

These opt-in features provide our Clients with the convenience of importing their contacts, emailing, syncing their calendars, and scheduling meetings with their contacts all within the Benjamin platform. These features are an opt-in convenience for our Clients intended to make communication and scheduling between Clients easier and more convenient.

Change of control.

In the event that Benjamin is merged or sold, or in the event of a transfer or sale of some or all of our assets, we may disclose or transfer information we collect in connection with the negotiation and/or conclusion of such a transaction.

Other disclosures.

We may disclose information about you to third parties if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies or terms of service, (c) to protect the security or integrity of our Site and Services, (d) to protect the rights, and safety of us, our users, or the public, (e) to respond in an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person, or (f) to investigate and defend ourselves against any third-party claims or allegations.

Links to Other Websites

Our Site contains links to websites maintained by third parties. Please be aware that these third-party websites are governed by their own privacy policies and are not covered by our Privacy Policy. We are not responsible for the content or policies maintained by these websites. Please familiarize yourself with the privacy policy of any third-party websites you visit.

Security of Your Information

The security of your information is important to us. We have implemented security measures to help protect the information in our care. Unfortunately, the transmission of information via the internet is not 100% secure. Although we do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Children’s Privacy

Our Site is not intended for children under the age of 13. Users of our site must be 18 years of age. We do not knowingly collect personal information from children under the age of 13. If we learn that we have collected the personal information from a child under the age of 13, we will take steps to delete the information. If you are aware that a child under 13 has provided us with personal information please contact us.

How Long we Keep your Information

We retain personal information for as long as we are legally required or otherwise permitted to meet our reason for collection (for example, for as long as we are providing Services to you) and as necessary after that to anticipate, resolve or defend any issues, in order to meet our contractual obligations to you and and/or any transaction to identify any issues, resolve any legal proceedings and for tax and accounting purposes. We may also retain aggregate information for research purposes and to help us develop and improve our services.

Your Rights

Depending on the country you access our Site and Services from, you may have the right under certain circumstances:

• to find out what information we hold about you;
• to be provided with a copy of your personal information;
• to request the correction or deletion of your personal information;
• to request that we restrict the processing of your personal information (while we verify or investigate your concerns with this information, for example);
• to object to the further processing of your personal information, including the right to object to marketing;
• to request that your provided personal information be moved to a third party.
• Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time.

If you decide to terminate your Benjamin account, please send an email to [email protected] requesting this. We will delete your account or set it to inactive (at your option). We will also delete all your cached Google data (email messages, calendar events, and contacts) from our servers. We will confirm to you by return email within 24 hours that that your Benjamin account has been removed or inactivated and that all your cached data has been deleted from our servers in accordance with applicable laws.

If you wish to exercise any of the rights listed above that are available to you, you can do so at any time by contacting us and the data protection team will respond according to the applicable law. If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.

Changes to Our Privacy Policy

Please revisit this page periodically to stay aware of any changes to our Privacy Policy, which we may update from time to time. If we modify our Privacy Policy, we will make it available on our Site and indicate the effective date.

In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access our Site for the first time after such material changes are made. Your continued use of our Site after the revised Privacy Policy has become effective indicates that you have read and understood the current version of our Privacy Policy.

Nevada Privacy Notice

If you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A (“603A”), you have the right to submit a verified request to us, directing us not to make any sale of certain “personal information” as defined under this law that we have collected or will collect about you. As of the date of this Policy, we do not knowingly engage in the “sale” of “personal information” of Nevada residents. This statement is based on our understanding of how the term “sale” is defined under 603A as of the date of this Policy. However, Nevada residents who wish to exercise their rights under this section can submit a request via Contact Us details below. 

Additional Disclosures for California Residents

The California Consumer Privacy Act (as amended by the California Privacy Rights Act) requires businesses to disclose whether they sell or share Personal Data. We do not sell Personal Data, but we may share Personal Data with third party advertisers for purposes of targeting advertisements on non-Benjamin websites, applications and services. In addition, we may allow third parties to collect Personal Data from our sites or services if those third parties are authorized service providers who have agreed to our contractual limitations around use of such Personal Data, or if you use Benjamin sites or services to interact with third parties or direct us to disclose your Personal Data to third parties.

California law requires that we detail the categories of Personal Data that we disclose for certain “business purposes,” such as to service providers that assist us with securing our services or marketing our products, and to such other entities. We disclose the following categories of Personal Data for our business purposes:

• Identifiers;
• Commercial information;
• Internet activity information;
• Financial and wealth information;  
• Donation information; 
• Bundler connections, personal networks, and information;
• Professional and employment-related information; 
• Education information;
• Geolocation data;
• Audio and visual data;
• In limited circumstances where allowed by law, information that may be protected characteristics under California or United States law; and
• Inferences drawn from any of the above information categories. 

California law grants state residents certain rights, including the rights to know and access specific types of Personal Data, to learn how we process Personal Data, to request deletion of Personal Data, to request correction of Personal Data, to opt-out of sharing your Personal Data for third party advertising purposes, and not to be denied goods or services for exercising these rights.

If you are a California resident under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our website(s). 

If you are an authorized agent wishing to exercise rights on behalf of a California resident, please contact us using the information in the “Contacting Us” section and provide us with a copy of the consumer’s written authorization designating you as their agent.

If you would like to opt-out of shares using your cookie identifiers, turn on a Global Privacy Control in your web browser or browser extension. Please see the California Privacy Protection Agency’s website at https://oag.ca.gov/privacy/ccpa for more information on valid Global Privacy Controls. If you would like to opt-out of shares using other identifiers (like email address), please refer to this Privacy Statement or contact us. We may need to verify your identity and place of residence before completing your rights request. 

California Privacy Rights Reporting 

	Requests Submitted	Requests Fulfilled in Whole Or In Part*	Average Days to Respond	Median Days to Complete a Request**
Requests for access to Personal Data	0	0	N/A	N/A
Requests to delete Personal Data	0	0	N/A	N/A
Objections to processing Personal Data	0	0	N/A	N/A

CONTACTING US
If you have any questions, comments or concerns about our Privacy Policy, please email us at [email protected]