SECTION 1 - Privacy Policy

Date of entry into force: April 2, 2023

This Privacy Policy applies to benyshop.com and all other websites, applications, products, services and other offerings (collectively, “Products”) owned and operated by BENY Inc. and our affiliates and subsidiaries (“BENY”).

The Privacy Policy explains how BENY may collect, use and disclose personal information we receive through the Products, your communications with us or from third parties. It also describes the choices and rights available to you with respect to your personal information.

SECTION 2 - What do we do with your information?

We collect personal information in the following circumstances:

1. Registering an Account. Some of our products offer you the opportunity to create a user account. If you choose to create an account, you will be required to provide us with certain personal information, such as your username and password. You are not required to register to use our products.

2. Purchasing a BENY product. When you make a purchase, you have the option to log into an account or check out as a guest. In both cases, when you purchase a BENY product, you provide personal information such as your name, email address, payment information and shipping address.

3. Make a payment. When you make a payment to BENY, you may be required to provide personal information to our third-party payment processors. This personal information may include sensitive personal information such as your credit card number.

4. Submission of information to us. We collect information that you submit to us. For example, if you post a review of a BENY product on benyshop.com or refer a friend to BENY on benyshop.com, we will receive the information in your post, including any personal information. If you choose to post content to a public area of benyshop.com, that content will be considered "public" and will not be subject to the privacy protections set forth here.

5. Communicating with us. We may also collect personal information from you when you communicate with us. For example, you may provide us with personal information by sending us an email, calling our customer service, subscribing to the BENY newsletter, or making a reservation for an event hosted by BENY.

6. Participation in a survey. From time to time, we may contact you to participate in optional online surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.

7.Information you provide through a third party. If you use our referral service to tell a friend about BENY, we may collect your friend's personal information, such as name and email address. We will automatically send your friend a one-time email inviting him or her to purchase a BENY product. We store your friend's information to send this one-time email and to track the success of our referral program.

8.Passive Collection. Our websites and applications collect and store information that is automatically generated when you use them, including your preferences and anonymous usage statistics. This information may include Internet Protocol (IP) addresses, cookie identifiers, browser types, Internet Service Provider (ISP), referring and exit pages, the files viewed on our websites and applications (e.g. HTML pages, graphics, etc.), operating systems, date/time stamps, and/or clickstream data. We use this data to analyze trends in the aggregate and to administer our products. Information we collect passively may be combined with other information about you, including Personal Information, for example, when you are logged into your BENY account.

9.Tracking Technologies. BENY and its partners use cookies, pixels, server logs and other similar technologies to analyze trends, administer the site, track users' movements around the site, and gather demographic information about our user base. Non-personal information we collect using these technologies may be combined with other information about you, including personal information, for example, when you are logged into your BENY account.

10.Information provided by third parties. BENY may collect information about you from third parties or supplement the information we collect from you with additional records from third parties. When you place an order with a third party vendor, that vendor will send your personal information to BENY so that we can fulfill your order. We also collect information from third parties to improve our ability to serve you, tailor our content to you, and offer you information we believe may be of interest to you.

11.Non-personal information collected when you use our products. Some of our products may collect information when you use them. When you use our BENY and the associated application, we collect information about how you use BENY, such as when you turn it on or off or change the brightness setting, your device type, and information about the lighting conditions in the room you are in to help you set the right lighting settings (collectively, "BENY Usage Data"). BENY and the associated app do not collect any personal information other than your Internet Protocol address.

SECTION 3 - How does BENY use your information?

Except as set out below, we do not share or publish your personal information. We use your information to continue to develop great products and to optimize your experience with relevant offers and promotions.

We use personal data in the following ways:

1.Internal and service-related use. We use and store information, including personal information, to improve and facilitate our products, including

• to analyze interactions with our products and their performance;
• to troubleshoot and identify errors that affect functionality;
• to detect security incidents and protect against malicious, fraudulent or illegal activities;
• for research purposes related to technological development and demonstration;
• to improve or expand our products or our website.

2. Advertising. We may use Personal Information to help us deliver targeted advertising, including to consumers directly and through unaffiliated advertising partners, to measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement.

3.Notifications. We may send emails to the email address you provide to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

4. Marketing. We may use information about you, including Personal Data, to send you information about BENY products.

5.Non-personal information. We may use aggregated or other non-personally identifiable information for any purpose, including marketing. These uses include, but are not limited to, analyzing interactions with and performance of our products, improving our products, and sharing such information with our business partners, affiliates, or other third parties. We may also augment such aggregated information collected through our products with other information collected by our business partners.

SECTION 4 - How we use automatic collection technologies

We and third parties who provide content, advertising, or other features on our Products may use cookies, pixel tags, local storage, and other technologies to automatically collect information. Our use of these technologies falls into the following general categories:

• Operationally Necessary: This includes technologies that enable you to access our products, as well as tools necessary to maintain functionality and to monitor and protect our products.
• Performance-based: This includes technologies that enable us to evaluate the performance of our products and understand how our users and visitors interact with our products.
• Functionality-related: This includes technologies that enable us to provide you with an enhanced experience when using our products, such as identifying you when you log into your account or tracking your preferences.
• Advertising or targeting-related: We may use first-party or third-party technologies to deliver content, including advertising, relevant to your interests on our Products or on third-party websites and applications.

BENY may disclose your information in the following ways:

• Service providers. We may share personal information with our suppliers and service providers who perform services on our behalf. These third parties are authorized to use your personal information only to the extent necessary to provide those services to us, such as fulfilling orders, processing payments, sending and improving communications, developing and improving our products, detecting, preventing and resolving fraud or other prohibited activities, and otherwise assisting in providing our products.
• Display to other users. The content you post on benyshop.com may be displayed on benyshop.com. Other users may be able to see some information about you, such as your name if you leave a review. We are not responsible for the privacy practices of the other users who will see and use the information posted.
• Legally Required and Similar Disclosures. We may access, preserve, and disclose your personal information, other account information, and content when we believe it is necessary or appropriate to comply with law enforcement requests and legal processes, such as a court order, government request, or subpoena. We may also access, preserve, and disclose your personal information, other account information, and content when we have a good faith belief that disclosure is necessary to protect yours, ours, or others' rights, property, or safety, or to investigate fraud.
• Mergers, Sales or Other Asset Transfers. If we are involved in a merger, acquisition, financing review, reorganization, bankruptcy, receivership, sale of company assets, or transition of services to another provider, your information may be sold or transferred as part of such transaction, as permitted by law and/or contract. Use of your personal information after any of the foregoing events will be subject to the terms of the Privacy Policy in effect at the time such personal information was collected.

SECTION 5 - Your Choices and Rights

In accordance with applicable laws, you have the right to:

• access to your personal data;
• update or correct any inaccuracies in your personal information;
• to delete your personal data;
• to object to the processing of your personal data; 
• to withdraw your consent to the processing of your personal data.

If you wish to exercise any of these rights, please contact us at the email address below. You may be required to provide us with personal information to verify your identity and process your request. We will respond to your request in accordance with applicable laws.

SECTION 6 - Cookies

Cookies are small text files stored on your device by your web browser when you visit a website. They help improve your experience by remembering your preferences and allowing you to navigate between pages efficiently. You can set your browser to refuse cookies, or to alert you when cookies are being sent. However, if you do not accept cookies, some parts of our products may not function properly.

SECTION 7 - Third Party Websites and Social Media Platforms

Our products may contain links to third-party websites and social media platforms. We have no control over these third-party websites and social media platforms and are not responsible for their content or privacy practices. We encourage you to read the privacy policies of the third-party websites and social media platforms you visit.

SECTION 8 - Security of your information

We use reasonable security measures to protect the personal information we collect. However, no method of transmission over the Internet, or method of electronic storage is 100% secure, and we cannot guarantee its absolute security. If you have any questions about the security of your personal information, you can contact us at the email address provided below.

SECTION 9 - Data retention

We will retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

SECTION 10 - Children's Privacy

Our products are not intended for children under 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we learn that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

questions and contact information

If you would like to access, correct, amend or delete any personal information we hold about you, register a complaint, or simply want more information, please contact our Data Protection Officer at [email protected]