Effective Date: October 20, 2023

Beneficient, a Nevada corporation (the “Company,” “we,” “us,” or “our”), is committed to protecting your privacy. This Privacy Notice (“Notice”) describes how the types of Personal Information that we may collect from you or that you may provide when you visit our websites at www.trustben.com and  benaltaccess.beneficient.com, use our service, or otherwise interact with us (collectively, the “Services”). This Notice also describes our practices for using, maintaining, protecting, and disclosing that Personal Information. Please read this Notice carefully as it will help you make informed decisions about sharing your Personal Information with us. This Notice does not apply to our data collection practices or notices with respect to employees, applicants, and contractors.

 

1. Who is Responsible for Processing Your Personal Information? The data controller for purposes of processing personal data in the context of our Services is Beneficient, a Nevada corporation, located at:

325 N Saint Paul St.
Suite 4850
Dallas, Texas 75201

Toll free: 888-877-8786
Main: 214-445-4700
Fax: 214-445-4701

Comments, questions, and requests regarding our Policy may be addressed to us at privacy@beneficient.com

 

2. Personal Information We Collect About You. In this Privacy Notice, we use the term “Personal Information” to refer information that can identify you.

 

When you seek to connect to our Services, complete an online form, contact us, or otherwise interact with us, we may collect a variety of Personal Information. What we collect depends on your relationship with us and how you interact with our Services, and it generally falls into one or more of the following categories:

  • Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, telephone number, or other similar identifiers)
  • Payment Information, including, but not limited to, wire information and direct deposit information.
  • Professional or employment-related information, including employment candidacy information, including contact, resume, and salary information as part of submissions for employment opportunities
  • Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
  • Geolocation data
  • Audio information (e.g., recordings of customer service calls)
  • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences and purchasing behavior

How Your Personal Information is Collected.

We may collect Personal Information when you:

  • Interact with or use our Services;
  • Request information about our Services;
  • Sign up for e-mails or other communications or notification from us;
  • Provide us with comments, suggestions, or other input.

We may also collect information:

  • From a third party with your consent (e.g., your bank, financing partners, etc.);
  • Directly from a third party (e.g., our vendors and service providers)
  • From cookies or other online tracking tools on our Services; and
  • From publicly accessible sources (e.g., government databases).

 

3. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, operating system, and browser type.

 

The information we collect automatically is statistical data that does not contain Personal Information. Information we collect automatically helps us to improve our Services and to deliver a better service.

 

The technologies we use for this automatic data collection may include cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.

 

We may use third party analytics, including Google Analytics. You can opt out from the use of Google Analytics by following the instructed provided at https://tools.google.com/dlpage/gaoptout.

 

4. Links to Other Websites. Our Website may contain links to the websites of third parties whose privacy practices may differ from ours. If you submit Personal Information to any of these third-party sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit or link to from our Website.

 

5. How and Why We Use Your Personal Information. We may use personal information for the following purposes:

  • To provide Services to you;
  • To send you requested information;
  • To respond to your requests;
  • To comply with our legal and regulatory obligations;
  • For our legitimate interests or those of a third party, meaning we have a business or commercial reason to use the personal information; or
  • Where you have given consent.

In addition to the foregoing, the table below provides examples of how we may use your personal information and our reasons for such use:

Purpose

To provide Services to you

Legal Basis

For the performance of our agreement with you or to comply with your requests

To prevent and detect fraud against you or us

For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you

Processing necessary to comply with professional, legal and regulatory obligations that apply to our business

To comply with our legal and regulatory obligations

Ensuring business policies are adhered to, e.g. policies covering security and internet use

For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures, so we can deliver the best service to you

Operational reasons, such as improving efficiency, training and quality control

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information; and to comply with our legal and regulatory obligations

Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price

Updating and enhancing customer records

To comply with our legal and regulatory obligations; and for our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products

Marketing our services and those of selected third parties to:

  • existing and former customers;
  • third parties who have previously expressed an interest in our services;

third parties with whom we have had no previous dealings.

For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers

6. How We Share Your Personal Information. We disclose your personal data to third parties as reasonably necessary to carry out the permitted uses described in this policy. For example, we may share Personal Information with:

  • third parties we use to help us run our business, such as marketing agencies, website hosts, technical and customer support contractors, and other service providers who are required to keep the personal data confidential and are prohibited from using it other than to carry out their services on our behalf; and
  • legal and governmental authorities or other third parties, to the extent required to comply with a legal order or applicable law.

We may also disclose Personal Information that we collect or you provide as described in this Privacy Policy:

 

  • If we believe disclosure is necessary or appropriate to protect our rights, property, or the safety of our company, our customers, or others;
  • In the event of a financing, sale, merger, acquisition, consolidation, change in control, transfer of assets, reorganization or liquidation of our business or assets, or similar transaction affecting all or portions of our business;
  • For any other purpose disclosed by us when you provide the information; or
  • With your consent.

 

7. Where Your Personal Information is Held. We are based in the United States, and Personal Information collected by us worldwide may be transferred to the United States for processing and storage. For example, we may import your Personal Information into the United States to fulfill our contractual obligations to you. By providing Personal Information to us, you consent to the transmission of your information outside your own country to be stored in the United States.

 

8. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To comply with laws and regulations and provide to law enforcement agencies;
  • To preserve our business records; and/or
  • To conduct our business operations.

 

9. Marketing Opt-Out. If you would like to opt out of receiving promotional or marketing e-mails from us, you may use the “unsubscribe” mechanism included in each marketing message. You may let us know by sending us an email to privacy@beneficient.com with REMOVE in the subject line, and stating the email address you wish to be removed from our mailing list. However, your option not to receive promotional and marketing email will not preclude us from corresponding with you, by email or otherwise, regarding your existing relationship with us. Your opt-out request will also not apply to correspondence that has already been initiated.

 

10. European Economic Area (EEA) Residents. If you are located in the European Economic Area (EEA) you may have the following additional rights under the GDPR. To the extent required by applicable EEA laws, we will grant you the following additional rights, provided we can adequately verify your identity:

  • The right to access (i.e., the right to be provided with a copy of your personal information);
  • The right to rectification (i.e., the right to require us to correct any mistakes in your personal information);
  • The right to be forgotten (i.e., the right to require us to delete your personal information – in certain situations);
  • The right to restriction of processing (i.e., the right to require us to restrict processing of your personal information – in certain circumstances, e.g., if you contest the accuracy of the data);
  • The right to data portability (i.e., the right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party – in certain situations);
  • The right to object (e.g., the right to object to your personal information being used for direct marketing, and in certain other situations, to object to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests);
  • The right to withdraw consent (i.e., where processing is based on your consent, you have the right to withdraw that consent – without affecting the lawfulness of processing based on consent before its withdrawal);
  • The right to information regarding consent (i.e., to obtain information about the possibility or providing or denying your consent and the consequences of such consent or denial of consent); and
  • The right not to be subject to automated individual decision-making (i.e., the right not to be subjected to a decision based solely on automated processing – including profiling – that produces legal effects concerning you or similarly significantly affects you)

 

We will not discriminate against you if you choose to exercise any of these rights. You can exercise your rights under the GDPR by contacting us as follows:

 

Email:

privacy@beneficient.com (please use “GDPR” in the subject line)

 

Mail:

Beneficient

325 N Saint Paul St., Suite 4850

Dallas, Texas 75201

 

The GDPR also gives individuals in the EEA the right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

 

11. State Privacy Rights. You may be entitled the following privacy rights listed below based on various state privacy laws, including if you are a resident of California, Colorado, Connecticut, Utah and Virginia:

  • The rights to know/access. You may have the right to request to access or know (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of Personal Information we have sold or disclosed; (v) the categories of third parties to whom you Personal Information was sole or disclosed; and (vi) the purposes for collecting and selling your Personal Information. Generally:
    • The Company has collected the categories of personal information detailed in the section titled “Personal Information We Collect About You”
    • We have disclosed the following categories of personal information: Direct Identifiers; and Other Information you have disclosed to us through your use of the Services.
  • The right to correction. You may have the right to request that we correct the Personal Information that we have collected or maintain about you.
  • The right to deletion. You may have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we deny your request for deletion, we will let you know the reason why.
  • The right to restrict or opt out of the sale of your Personal Information. You may have the right to opt out of the sale of your personal information. We do not sell or share your Personal Information. If this changes we will update our privacy policy accordingly.
  • The right to equal service. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Services.

 

You may request your right to know and your right to deletion free of charge up to two (2) times in any twelve (12) month period.

 

To exercise the rights described above, please contact us as follows:

 

Email:

privacy@beneficient.com (please use “State Privacy Laws” in the subject line)

 

Mail:

Beneficient

325 N Saint Paul St., Suite 4850

Dallas, Texas 75201

 

Phone:

Toll free: 888-877-8786

Main: 214-445-4700

 

 

We may require verification of your identity before further processing your request. In certain instances, we may be permitted by law to decline some or all of such request.

 

12. Shine the Light: This Privacy Policy describes how we may share your information, including for marketing purposes. California residents are entitled to request and obtain from us once per calendar year information about any of your Personal Information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information, please contact us privacy@beneficient.com.

 

13. Nevada Residents. We do not sell your Personal Information as that concept is contemplated under Nevada law. If this changes in the future, we will update this Privacy Policy.

 

14. Keeping Your Personal Information Secure. Although we do our best to protect your Personal Information, the transmission of information via the internet is unfortunately not completely secure and we cannot provide an absolute guarantee regarding the security of your personal information transmitted to us. Any transmission of Personal Information is at your own risk.

 

15. Global Privacy Control. Our Website recognizes automated browser signals regarding tracking mechanisms.

 

16. Treatment of Minors’ Information. Our Services are not intended for children and we do not knowingly solicit or collect Personal Information from children. If we are notified or discover that a child under the age of 16 has submitted Personal Information to us, we will take reasonable steps to delete the information.

 

17. Changes to This Privacy Notice. We may update this policy from time to time. We will always post the then-current version of this policy on our website and will indicate at the top of the policy the date on which the latest version took effect. Please review this policy from time to time to stay updated on our privacy practices.

 

18. How to Contact Us.

Please contact us if you have any questions about this privacy policy or the information we hold about you.

 

Email:

privacy@beneficient.com

 

Mail:

Beneficient

325 N Saint Paul St., Suite 4850

Dallas, Texas 75201

 

Phone:

Toll free: 888-877-8786

Main: 214-445-4700

 

19. Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).