Last Updated: October 11, 2023
I. Personal Information We Collect
The categories of personal information we collect depend on whether you are an individual who creates an account on our Services ("User"), person with a relationship to a User for whom a memorial page is created ("Loved One"), provider of end-of-life-related services ("Business Account Holder"), an individual who accesses our Services without an account ("Website Visitor"), and the requirements of applicable law.
Information You Provide to Us.
If you create an account as a User, we will collect certain personal information from you, such as your name, email address, and password. We may ask you for additional information on an optional basis, such as your age and gender, which may be included as part of your public profile.
If you register as a Business Account Holder, we will collect your contact name, role, email, password, and details about your business. In order to verify your identity and allow you to post items or services for sale, we may also ask for your business' telephone number, physical address, and payment information.
Information you share regarding Loved Ones.
Our Services allow Users to create pages and plan services (e.g., memorial services, charitable donations, sharing of photos or memories) for Loved Ones who are or are soon to be deceased. To create a page for a Loved One, Users must provide the Loved One's full name, date of birth and death, city they last lived, and gender. Users may optionally also add the Loved One's obituary, share photos, memories, or condolences, upload event information, make charitable contributions, designate other Users to manage content on the Loved One's memorial page, or upload other information as requested by us as needed to provide our Services (collectively, "Content"). Users may also upload Content related to Loved Ones on memorial pages operated by other Users, and this Content may contain personal information of Loved Ones or other Users.
Before uploading any personal information from someone other than yourself in connection with our Service, you must have their consent or consent from someone with legal authority to consent on their behalf. Information you post on our Services is considered public and may be seen by others, including non-Users.
Your Public Posts and Contributions Any Content you post, including reviewing a business, posting in our forums, or posting a question for a business, will be publicly visible. In addition, certain actions you take, such as creating a memorial website, posting a memory on a memorial website, commenting on or leaving a "heart" on a post on a memorial website, subscribing to receive updates from a memorial website, donating to a memorial fundraiser, RSVPing to events, or asking or answering a question on a memorial website, will be publicly visible on the memorial page and accessible to other Users, Business Account Holders, and Website Visitors. Other acts, such as sending a private message, will be visible only to the message recipient. When you create a profile as a User or Business Account Holder, your profile (along with your real name) will be visible to other Users, Business Account Holders, and Website Visitors. You can hide actions on your public profile using the controls on your profile page. If you make a charitable contribution through a memorial webpage, you also have the option to hide your name from your contribution.
Your purchases and contributions. If you make a purchase or contribution via the Services, we collect information to process your request, such as your credit card information, the name and delivery address and telephone number of the recipient of the items purchased, any greetings or messages to accompany the delivery of the item, and (in the case of contributions) any message or username you include with the contribution. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but may receive information associated with your payment card information (e.g., your billing details, or the last four digits of your card number to identify you). You may have the option to store your payment information with our third-party service provider for future use.
Your Communications with Us. We collect personal information from you, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.
Your Communications with Business Account Holders. If you use a feature in our Services that allows you to initiate a phone call with a Business Account Holder, we will collect basic information about the call, such as who you called, the date/time of the call, and the duration of the call.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.
Social Media Content. We may offer forums, blogs, or social media pages on sites not owned by us. Any content you provide on these channels will be considered "public" and is not subject to privacy protections.
Information Collected Automatically or From Others
Automatic Data Collection. We may collect certain information automatically when you use the Services as either a User, Business Account Holder, or Website Visitor. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (derived from IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other Users or Business Account Holders provide when they use our Services, including information about you when they tag you.
Cookies. Cookies are small text files placed in your computer browsers to store your preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about your engagement on that web page. The use of a pixel allows us to record, for example, that a you have visited a particular web page or clicked on a particular advertisement.
Analytics. We may also use Google Analytics and other service providers such as Hotjar to collect information regarding your behavior and demographics on our Services. For more information about Google Analytics, please visit https://www.google.com/policies/privacy/partners/. You can opt out of Google's collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. To opt out of data collection from Hotjar, visit https://www.hotjar.com/privacy/do-not-track/.
Information from Other Sources. We may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
II. How We Use Your Information
We use your information for a variety of business purposes, including to:
Fulfill our contract with you and provide you with our Services, such as:
Managing your information and accounts; Providing access to certain areas, functionalities, and features of our Services; Communicating with you about your account, activities on our Services and policy changes; Undertaking activities to verify or maintain the quality or safety of a service or device; Processing your financial information and other payment methods for products or Services purchased; Providing advertising, analytics and marketing services; Processing applications and transactions; and Allowing you to register for events. Analyze and improve our Services pursuant to our legitimate interest, such as:
Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; Measuring interest and engagement in our Services and short-term, transient use, such as contextual customization of ads; Undertaking research for technological development and demonstration; Researching and developing products, services, marketing or security procedures to improve their performance, resilience, reliability or efficiency; Improving, upgrading or enhancing our Services or device; Developing new products and Services; Ensuring internal quality control; Verifying your identity and preventing fraud; Debugging to identify and repair errors that impair existing intended functionality; Enforcing our terms and policies; and Complying with our legal obligations, protecting your vital interest, or as may be required for the public good. Provide you with additional content and Services, such as:
Furnishing you with customized materials about offers, products, and Services that may be of interest, including new content or Services; Auditing relating to interactions, transactions and other compliance activities; and Other purposes you consent to, are notified of, or are disclosed when you provide personal information. Automated profiling. We may use technologies considered automated decision making or profiling. We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to use such technology. You may escalate any concerns you have by contacting us below.
Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.
Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services or to view Content you have uploaded.
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
Cross-Device Tracking. Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.
Notice Regarding Third-Party Websites, Social Media Platforms and Software Development Kits. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may use third-party Application Programming Interfaces ("APIs") and software development kits ("SDKs") as part of the functionality of our Services. APIs and SDKs may allow third parties, including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
III. Disclosing Your Information To Third Parties
Except as provided below, we do not disclose your personal information. For a list of the categories of personal information we have disclosed about consumers for a business purpose in the past 12 months, please see below:
Category of Personal Information Collected by Final Resting Category of Third Parties Information is Disclosed to for a Business Purpose Identifiers. A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. Advertising networks Data analytics providers Service providers Other Users (see below) Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, address, or telephone number. Data analytics providers Service providers Other Users (see below) Protected classification characteristics under California or federal law. Age (40 years or older), sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), genetic information (including familial genetic information). Data analytics providers Service providers Other Users (see below) Commercial information. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Advertising networks Data analytics providers Service providers Internet or other electronic network activity. Browsing history, information on a consumer's interaction with an internet website, application, or advertisement. Advertising networks Data analytics providers Service providers Inferences drawn from other personal information to create a profile about a consumer. Profile reflecting a consumer's preferences, characteristics, or behavior. Advertising networks Data analytics providers Service providers We have not sold consumers' personal information in the preceding 12 months, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.
For more information regarding our sharing, see below.
Other Users: As described above in "Personal Information We Collect," depending on the Services accessed, Users' real name, public profile, private messages, age, gender, uploaded Content, and actions taken within the Services may be disclosed to Users, Business Account Holders, and Website Visitors. For example, other Users may be able to contact you via your email address.
Product Listings: If you are a Business Account holder, when you list your Products on the Marketplace, your Product listings and any other information related to the Product Listing, potentially including personal information, will be publicly available to anyone accessing the Services.
Information Shared with Business Account Holders: If you purchase a Product via the Marketplace, we may share your personal information (such as your shipping and contact information) to the Business Account holder selling the Product on the Marketplace. Such Business Account Holders have access to your personal information solely in connection with the sale and delivery of the Products to you.
Service Providers: We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; payment processors; customer service providers; and vendors to support the provision of the Services.
Business Partners: We may provide personal information to business partners with whom we jointly offer products or services (for example, partners who process your charitable donations). In such cases, our business partner's name will appear along with ours.
Affiliates: We may share personal information with our affiliated companies.
Disclosures to Protect Us or Others: We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others' rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
International Data Transfers: You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
IV. Supplemental Notice For California and Nevada Residents
Supplemental Notice for California Residents. The following additional rights apply to California residents under the California Consumer Privacy Act ("CCPA"):
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth in Section X ("Contact Us") below and provide written authorization signed by you and your designated agent.
Verification. To protect your privacy, we will take steps the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your use of our Services.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in Section X ("Contact Us") below. We will process such requests in accordance with applicable laws.
Refer-a-friend programs. As described above in Section II: How We Use Your Personal Information ("Share Content with Friends or Colleagues"), we may offer referral programs. We may offer incentives to you such as discounts or promotional credit in connection with these programs, wherein you provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These referral programs are entirely voluntary, and allow us to grow our business and provide additional benefits to you. The value of the referred party's data to us depends on whether the referred party ultimately uses our Services. Said value will be reflected in the incentive offered for each referral.
Supplemental Notice for Nevada Residents. If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line "Nevada Do Not Sell Request" and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
V. Your Choices
General. You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non-personal information regarding your activities on our Services and for other legal purposes as described above.
Mobile Devices. We may send you push notifications through our mobile application. You may at any time opt- out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
"Do Not Track." Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at https://www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and https://www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third-party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners' use of this information for interest-based advertising purposes.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
Access to/Portability of Personal Data about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic Personal Data transferred to another party.
Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information or we may refer you to the controller of your personal information who is able to make the correction.
Request Deletion of your personal information, subject to certain exceptions prescribed by law.
Request restriction of or object to processing of your personal information, including the right to opt in or opt out of the sale of your Personal Data to third parties, if applicable, where such requests are permitted by law.
If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
V. Data Retention
VI. Security Of Your Information
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
VII. Children Information
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information directly from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information, unless we have a legal obligation to retain it, and terminate the child's account.
VIII. Other Provision Supervisory Authority.
If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
IX. Contact Us
550 Reserve Street Suite 190
Southlake, TX 76092