1. Commitment to Privacy

The Benchmarking Company (“us,” “we,” or “our”) offers and maintains the database known as the PinkPanel™ and GuysthatGroom™ (the “Database”), Facebook accounts at www.facebook.com/thePinkPanel/ and www.facebook.com/guysthatgroom/, and websites located at https://benchmarkingcompany.com, and http://www.onevoicebeauty.com, including all of their subdomains and subparts (collectively, the “Site”). We respect the privacy of everyone who visits the Site or joins the Database. Our Privacy Policy is an extension of our commitment to combine the highest-quality service with the highest level of integrity in dealing with our visitors and customers. This policy was developed to inform visitors to the Site and Database about how we handle and use personal information. Privacy is important; we hope you take the time to read this Privacy Policy carefully. BY USING THE SITE AND/OR DATABASE, YOU AGREE TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

We will regularly assess this Privacy Policy against new technologies, business practices, and our customers’ needs to ensure that you are informed to make choices about how to share and secure your personal data. If you have questions about this privacy statement, our information practices, or your dealings with us, please contact us at [email protected].

2. Collection Of Your Information

When you visit the Site or participate in the Database, you may provide us with two types of information: (1) personally identifiable information that you voluntarily disclose so that we may provide products or services to you, such as when you register for an account or complete a survey; and (2) website use information collected automatically as you browse the Site. By using the Site, participating in the Database, or allowing someone to do so on your behalf, you are consenting to our collection, use, disclosure, transfer, storage, retention, and eventual destruction in accordance with this Privacy Policy of any personally identifiable information or other information received by us as a result of such use.

Personally Identifiable Information

We may collect personally identifiable information about you, including, without limitation, your name, address, telephone number, e-mail address, and payment information. If you choose to correspond with us through email or social media, we may retain the content of your messages, together with your email address and our responses.

Website Use Information

Like many site operators, we also collect certain data that your browser sends to us from the computer, mobile device, and/or browser through which you access the Site (“Log Data”). This Log Data includes, without limitation, your device’s Internet Protocol (“IP”) address, browser type, browser version, statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site), information about how you came to the Site, and data collected through Cookies or other similar technologies discussed in more detail in our Cookie Policy. In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze Log Data. Much of this Log Data is not personally identifiable information. However, when you participate in the Database or otherwise submit personally identifiable information to us, we may associate this Log Data with your personally identifiable information. At such time, we will treat any such combined data as personally identifiable information until such time as it can no longer be associated with you or used to identify you.

3. Use Of Your Information

Broadly speaking, we use personally identifiable information for the purpose for which you provided it. If you order a product, such as a PinkReport™, or engage us for professional services, we will use your name and contact information to fulfill your needs , including billing, and delivery. If you subscribe to the PinkPanel™ or GuysthatGroom™, we will use your information to contact you for potential survey participation. If you complete a survey, we will retain your information indefinitely and may use it to create non-personally identifiable data to be used for advertising, marketing, or trade. If you send us an email, we may use your email address and other information you submit to provide customer service to you.

We may also use your personally identifiable information or Log Data to administer our internal business activities, such as to design and arrange the Site or Database in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers, to better understand visitors to the Site or Database participants, to manage your account, to provide customer service, or to make available other products and services to our customers and prospective customers.

4. Disclosure Of Your Information

No Sale of Your Information

We are not in the business of selling your personally identifiable information. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your personally identifiable information to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your personally identifiable information with certain third parties without further notice to you, as set forth below.

Sharing Information with Successors

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, personally identifiable information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of The Benchmarking Company, LLC (or its assets) will continue to have the right to use your personally identifiable information and other information in accordance with the terms of this Privacy Policy.

Sharing Information with Agents, Consultants, and Related Third Parties

We, like many businesses, sometimes engage other companies to perform certain business-related functions. These companies may include marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, payment processors, and others. When we engage another company to perform such functions, we may provide it with personally identifiable information, Log Data, or aggregate information about our customers, sales, website traffic patterns, and related website information, in connection with its performance of such functions. However, we do not collect or store credit card information or internet protocol addresses directly; rather, we employ a third party payment processor who may collect, store, and use such information. We take measures to select service providers that are responsible and afford privacy protections to their customers, such as those that comply with the Payment Card Industry Data Security Standards. However, we cannot make any representations about the practices and policies of these third party companies.

Sharing Information through Social Media

We work with third parties, including social media sites like Facebook, YouTube, Instagram, Pinterest, and Google+, and with application developers who specialize in social commerce so you can connect to the PinkPanel™ through your social networks. All of these companies operate Third Party Sites, as defined in section 8. We provide access to our Site and Database by third parties and business partners so we can generate interest in our products and services among members of your social networks and to allow you to share your interests with friends in your network.

If you use features made available on our Site or Database by a third party social media site, your personally identifiable information may be collected or shared by us or by the third party. We consider information collected or shared through any such social media features as public information because the third party social media sites made it publicly available.

If you do not want us to be able to access information about you from Third Party Sites, you must instruct the Third Party Sites not to share the information with us. The Benchmarking Company does not control how these third parties use information collected from or about you, so be sure to review the privacy policies and privacy settings on your social media sites to make sure you understand the information they are sharing. If you do not want a Third Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information.

We use features on third party social media sites that allow you to express opinions about products, surveys, or your interests. Those Third Party Sites may collect or register your views (including whether you liked or purchased a product) and make those views available to The Benchmarking Company and on public portions of the Third Party Sites. You can avoid such collection and use of your personally identifiable information by declining to buy products through Third Party Sites or to express your views on Third Party Sites.

Third Party Sites may also give you the option to limit such data collection and disclosure in the privacy settings on their sites. The Benchmarking Company reserves its right not to display your personally identifiable information or content on our social media accounts, Site, or Database, even if you express an opinion about our or services products or consent to our use of such information or content. We reserve the right to remove personally identifiable or other information of any person for any reason. We may also remove from our social media accounts, Site, or Database, in our sole discretion, any product offering or any photo or product description.

Legally Compelled Disclosure of Information

We may disclose your personally identifiable information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, a court, or a government agency) or in the good faith belief that such action is necessary
(a) to comply with a legal obligation;
(b) to protect or defend our rights, interests, or property, or that of third parties;
(c) to prevent or investigate possible wrongdoing in connection with the Site or Database;
(d) to act in urgent circumstances to protect the personal safety of users of the Site, the Database, or the public; or
(e) to protect against legal liability.

5. Your Choices About Use and Disclosure Of Your Information

People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.

You may choose to limit the personally identifiable information you submit by merely browsing the Site or Database without providing your name or other information. If you do so, you may not be able to use certain functionality of the Site or Database. To open an account, for example, you must provide your name and email address.

6. Information Security

We are committed to the protection of your information. When you place an order through the Site, we encode your information using Secure Socket Layer (SSL) encryption technology. This is the most advanced consumer online security technique to date. Our business practices also limit employee access to personally identifiable information and limit the use and disclosure of such information to authorized persons, processes, and transactions.

Storage of Your Information

We may store personally identifiable information itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable steps to protect the personally identifiably information collected via the Site or the Database from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any personally identifiable information.

Accessing and Correcting Your Information

If you have registered for an account on the Site or participated in the Database, you may request access to or correction of all of your personally identifiable information that we collect online and maintain by emailing us at [email protected]. We will take reasonable steps to respond to requests relating to personally identifiable information within thirty (30) days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical, or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information).

Information Retention

We may retain your personally identifiable information as long as you continue to use the Site or participate in the Database. You may close your account by contacting us. However, we may retain personally identifiable information for an additional period as is permitted or required under applicable laws. Even if we delete your personally identifiable information, it may persist on backup or archival media for an additional period of time.

Evaluation of Information Protection Practices

We periodically review this Privacy Policy for compliance with legal requirements, and corporate policies and procedures governing the security, confidentiality, and quality of our information. The effective date of this version of the Privacy Policy can be seen on top of this page (under the main headline).
7. Cookies Web Logs, And Similar Technologies
Please refer to our Cookie Policy, which is hereby incorporated by reference into this Privacy Policy, for more information about our use of these technologies.

8. Exclusions

Third Party Links

Our emails, the Site, and/or the Database may contain links to other websites not operated or controlled by us (the “Third Party Sites”). These links are provided solely as pointers to information on topics that may be useful to the users of the Site or Database participants. This Privacy Policy applies only to the Site and the Database. The policies and procedures we describe here do not apply to the Third Party Sites. The links from our emails, the Site, and/or the Database do not imply that we endorse or have reviewed the Third Party Sites. We are not responsible for the practices employed by the Third Party Sites linked to or from our emails, the Site, or the Database nor the information or content contained therein. We suggest contacting those sites directly for information on their privacy policies.

Non-Personally Identifiable Data

When you provide personally identifiable information through the Database, we may use it to create non-personally identifiable information that we may use for advertising, marketing, or trade. To de-identify your information, we will use only your first name and last initial and city of residence with, for example, a testimonial you provided.

When you interact with the Site or Database, we may also collect non-personally identifiable data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of personally identifiable information do not apply to non-personally identifiable data. The non-personally identifiable data we collect include, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage and aggregated personally identifiable information, but only to the extent that the foregoing cannot be used to specifically identify you. However, if we combine non-personally identifiable data with personally identifiable information, we will treat the combined data as personally identifiable information.

Aggregated Personally Identifiable Information

In an ongoing effort to better understand and serve Database participants, visitors of the Site, and customers, we may conduct research on our your demographics, interests, and behavior based on personally identifiable information and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as non-personally identifiable data under this Privacy Policy.

9. Children

We do not knowingly or intentionally collect any personally identifiable information from children under the age of eighteen (18), and our emails, the Site, and the Database are neither directed nor targeted to children less than eighteen (18) years of age. If you are under the age of eighteen (18), please do not submit any personally identifiable information through the Site or the Database. We strongly encourage parents and legal guardians to monitor their children’s use of the Internet and to help enforce our Privacy Policy by instructing their children to never provide personally identifiable information through the Site or the Database. If you have reason to believe that a child under the age of eighteen (18) has provided personally identifiable information to us through the Site, please contact us at [email protected], and we will use reasonable efforts to delete such personally identifiable information from the Site, the Database, and our files.

10. International Privacy Laws

If you are visiting the Site or participating in the Database from outside the United States, please be aware that you are sending information (including personally identifiable information) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us. We will hold and process your personally identifiable information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States personally identifiable information may be subject to lawful access requests by government agencies.

11. Changes to this Privacy Policy

The Site, the Database, and our business may change from time to time. As a result, it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to modify or supplement this policy at any time. If a material change to the terms of this policy is made, we will send you an email or post a notice on the Site’s homepage with a link to the new policy. Modifications will be effective thirty (30) days following the date of posting such a notice or such other date as is communicated in any other notice to you. Your continued use of the Site or Database following the effectiveness of any modifications to this Privacy Policy constitutes acceptance by you of those modifications. If any modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing, and otherwise using the Site or Database and contact us via the procedure described in Section 22 of the Site’s Terms of Use.

12. Dispute Resolution

If you have a complaint about our privacy practices, we will take reasonable steps to work with you to attempt to resolve your complaint under the arbitration procedures described in section 22 of the Site’s Terms of Use. BY USING THE SITE OR PARTICIPATING IN THE DATABASE, WE EACH AGREE TO SETTLE DISPUTES ONLY BY ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS). THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD. You must first send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”). The Dispute Notice must be addressed to: The Benchmarking Company, LLC, 11710 Plaza America Drive, Suite 2000, Reston, VA 20190 and sent by certified mail as described in section 22 of the Site’s Terms of Use. If you do not reach an agreement with us to resolve your privacy complaint within sixty (60) days after the Dispute Notice is received, you may commence an arbitration proceeding under section 22 of the Site’s Terms of Use.
13. Acceptance Of These Terms

By using the Site or participating in the Database, you agree to this Privacy Policy and the Site’s Terms of Use. If you do not so agree, please do not use the Site or participate in the Database. If we change this Privacy Policy or the Terms of Use, your continued use of the Site or Database participation following the posting of such changes will signify your acceptance of those changes. By providing personally identifiable information to us, you fully and unambiguously consent to the collection and processing of your information throughout the world, including, without limitation, in the United States and in other countries that may be considered as having less than adequate protection for your personally identifiable information.

COOKIE POLICY

This Cookie Policy sets forth our policy with respect to information, including information that can be associated with a specific person and could be used to identify that person (“personally identifiable information”), that is collected from visitors to the Site or Database participants through cookies, web logs, and other similar technologies.

1. Incorporation By Reference

Please also refer to our Privacy Policy, into which this Cookie Policy is incorporated by reference, which sets forth our policy with respect to the collection, use, disclosure, transfer, and storage of information, including personally identifiable information that is collected from visitors to the Site. Nothing in this Cookie Policy shall be deemed to modify, waive, amend, or rescind any other term of the Privacy Policy.

2. Consent

By using the Site or participating in the Database, you are consenting to the use of the technologies described in this Cookie Policy to collect both personally identifiable information and non-personal data and to the storage of information on your device or web browser as described in this Cookie Policy.
3. What are cookies?

Cookies

A cookie is a piece of information that is placed on your web browser or hard drive when you access and/or use the Site or Database. Cookies store text and can later be read back by the Site, the Database, or third parties. We use cookies to recognize your browser and you as a unique visitor to the Site or Database through an anonymous unique identifier. Cookies can remember what information you access on one webpage to simplify your subsequent interactions with the Site or Database or to use the information to streamline your transactions on related webpages. This makes it easier for you to move from one webpage to another and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

How can I manage cookies?

Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue on your browser until they are affirmatively deleted). You can manage cookies through your web browser’s option settings and through those settings you may be able
(a) to receive notifications when you are receiving new cookies;
(b) to disable cookies; or
(c) to delete cookies. Please refer to your web browser’s help section for information on how to do this.

4. What do we use these technologies for?

Essential Uses

We use these technologies in a way that is essential for the operation of the Site, the Database, or parts of them. For example, we may use cookies to determine where to route your traffic to effectively distribute the Site workload across numerous servers. Web server logs allow us to count how many people visit the Site or Database and evaluate their capacity.

Performance/Analytics

We use these technologies to monitor the Site and Database and to analyze how you use the Site or Database. We may place cookies that allow us to measure the time of your requests to our servers and our responses, to test new features, to record statistics about usage, to track your activities on the Site or Database, and to track the places from which you come to the Site or Database. We may also use third party cookies to collect information about behavior on the Site or Database for these Performance/Analytics purposes.

Functionality

We use these technologies to allow us to provide certain functionality on the Site and Database and to remember your preferences. For instance, cookies allow us to track your order history and returns and to auto-populate shipping and billing addresses. If you disable or delete cookies, you may not be able to use some functions of the Site or Database.

Advertising (including behavioral/interest based advertising)

In the future, we may use these technologies to deliver focused online banner advertisements to you both on and off the Site or Database. By using these technologies, we hope to better tailor these advertisements to your interests. Sometimes this is called online behavioral, interest based, or retargeted advertising. Many of the third party technologies that enable this advertising participate in voluntary frameworks that allow you to opt out of it.

Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among other. You can control your preferences directly with each such third party service provider.

5. Does anybody else use these technologies on your services?
Most of the cookies and other technologies described above on the Site or Database are set by us (aka first party cookies) or are used in connection with the Site or Database and set by third party service providers at our direction (“Third Party Cookies”). We may use Third Party Cookies with respect to each of the uses set forth above.