Privacy Policy

Benjamin’s Agency Inc. (“Benjamin’s Agency,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, disclose, and protect personal information when you visit www.benjaminsagency.com (the “Website”), communicate with us, or engage our marketing, content production, and advertising services (the “Services”). It also describes your rights and choices. This Privacy Policy is incorporated into our Terms of Service.

By using the Website or our Services, you acknowledge this Privacy Policy. If you do not agree, please do not use the Website or our Services.

1. Who We Are and Our Role

Benjamin’s Agency Inc. is a creative marketing and content production company, registered federally in Canada and in the State of Delaware, United States, and operating from Toronto, Canada. For the personal information we collect through our Website and our own marketing and business operations, we act as the business responsible for that information (a “controller”).

When we provide Services to a client, we may access or process personal information within the client’s systems and advertising accounts on the client’s behalf and under the client’s instructions. In those cases, the client is the controller of that information, and we act as a service provider or processor. This Privacy Policy describes our own practices; where we process information on behalf of a client, that client’s privacy notices and our agreement with the client govern.

2. Information We Collect

Information you provide to us. When you contact us, request a quote, fill in a form, subscribe to updates, or engage our Services, we collect information such as your name, business name, email address, phone number, the contents of your messages, and details about your project, brand, and goals.

Billing information. When you become a client, we collect billing details necessary to invoice and process payments. Card payments are handled by our third-party payment processors; we do not store full payment-card numbers ourselves.

Information collected automatically. When you visit the Website, we and our analytics and advertising providers may automatically collect technical and usage information, including IP address, device and browser type, pages viewed, referring URLs, and interactions, through cookies and similar technologies (see Section 6).

Information from third parties. In the course of delivering Services, we may receive information from advertising and analytics platforms (for example, Meta and Google), connected to our clients’ accounts, including aggregated and campaign-level performance and attribution data.

Client and campaign data. To deliver Services we may be granted access to client-owned platforms such as advertising managers, business managers, pixels and tags, e-commerce platforms, and analytics tools. Any personal information within those systems belongs to the client, who controls it; we access it only to perform the Services.

We do not knowingly collect sensitive categories of personal information through the Website, and we ask that you not send such information to us unless specifically requested.

3. How We Use Information

We use personal information to:

• Respond to inquiries, provide quotes, and communicate with you;
• Provide, manage, and improve the Services and the Website;
• Plan, create, and optimize content and advertising campaigns;
• Process payments, invoicing, and account administration;
• Send service-related and, where permitted, marketing communications;
• Analyze Website usage and measure the performance of our content and campaigns;
• Maintain security, prevent fraud, and protect our rights; and
• Comply with legal obligations and enforce our agreements.

4. Legal Bases for Processing

Where required by applicable law (such as in Canada under PIPEDA, or in the EU/UK under the GDPR), we rely on one or more of the following bases to process personal information: your consent; the performance of a contract with you; our legitimate interests in operating and growing our business in a manner that does not override your rights; and compliance with legal obligations. Where we rely on consent, you may withdraw it at any time as described in Section 9.

5. How We Share Information

We do not sell your personal information. We share personal information only as follows:

• Service providers. With vendors who perform services for us, such as hosting, analytics, email, scheduling, CRM, payment processing, and project management tools, under obligations to protect the information.
• Advertising and analytics platforms. With platforms such as Meta and Google to deliver, measure, and optimize campaigns, in accordance with their respective terms and policies.
• Our clients. Where information relates to a specific client engagement, with that client.
• Legal and safety. Where required by law, regulation, legal process, or governmental request, or to protect the rights, property, or safety of Benjamin’s Agency, our clients, or others.
• Business transfers. In connection with a merger, acquisition, financing, or sale of assets, in which case personal information may be transferred as part of the transaction.

We do not “sell” personal information or “share” it for cross-context behavioral advertising as those terms are defined under California law. Where any of our website-tracking practices could be considered a sale or sharing, we will provide an opt-out as described in Section 9.

6. Cookies and Tracking Technologies

The Website uses cookies and similar technologies to operate the site, remember preferences, analyze traffic, and support advertising measurement. Some are necessary for the site to function; others are optional. Where required by law, we request your consent before setting non-essential cookies and provide controls through a cookie banner or settings. You can also manage cookies through your browser settings, though disabling some cookies may affect Website functionality. Further detail may be provided in a separate Cookie Notice on the Website.

7. International Transfers

We operate from Canada and the United States, and our service providers may be located in other countries. As a result, your personal information may be transferred to, stored in, and processed in countries whose data-protection laws differ from those of your country of residence. Where required, we use appropriate safeguards (such as recognized standard contractual clauses) for such transfers. By using the Website or our Services, you understand that your information may be processed in Canada, the United States, and other jurisdictions.

8. Data Retention

We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, including to provide the Services, maintain business records, comply with legal, tax, and accounting obligations, resolve disputes, and enforce our agreements. When information is no longer needed, we take reasonable steps to delete or anonymize it. Deliverables and campaign assets are retained and made accessible in accordance with our Terms of Service and any applicable Service Agreement.

9. Your Privacy Rights and Choices

Depending on where you live, you may have some or all of the following rights regarding your personal information: to access it; to request correction of inaccurate information; to request deletion; to object to or restrict certain processing; to withdraw consent; to data portability; and to not be discriminated against for exercising your rights. Canadian residents have rights of access and correction under PIPEDA; California residents have rights under the CCPA/CPRA, including the right to know, delete, correct, and to opt out of any sale or sharing; and residents of the EU/UK and certain other regions have rights under the GDPR or comparable laws.

To exercise any of these rights, contact us using the details in Section 13. We will respond within the timeframe required by applicable law and may need to verify your identity before acting on a request. You also have the right to lodge a complaint with your local data-protection authority, including, in Canada, the Office of the Privacy Commissioner of Canada.

10. Marketing Communications

We send marketing communications only where permitted by law, including the Canadian Anti-Spam Legislation (CASL) and the U.S. CAN-SPAM Act. Every marketing email includes an unsubscribe mechanism and our contact information. You can opt out of marketing messages at any time by using the unsubscribe link or contacting us; we may still send you non-promotional, service-related messages about active engagements.

11. Security

We use reasonable administrative, technical, and organizational measures designed to protect personal information against unauthorized access, loss, misuse, or alteration. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for keeping any account credentials you use with us confidential.

12. Children’s Privacy

The Website and Services are intended for businesses and are not directed to children. We do not knowingly collect personal information from children under the age of majority. If you believe a child has provided us with personal information, please contact us and we will take appropriate steps to delete it.

13. Third-Party Links

The Website may contain links to third-party websites and platforms that we do not operate. This Privacy Policy does not apply to those third parties, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of any third-party services you use.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The current version will always be posted on the Website with an updated effective date. Material changes will be communicated by reasonable means where required by law. Your continued use of the Website or Services after changes take effect constitutes acceptance of the revised Privacy Policy.

15. Contact Us

If you have questions about this Privacy Policy or wish to exercise your privacy rights, contact:

Benjamin’s Agency Inc.
Email: hello@benjaminsagency.com
Website: www.benjaminsagency.com

This Privacy Policy should be read together with our Terms of Service.