Memorial Software Inc. (the company that operates MemorializeMe.com and is referred to herein as the “Company,” “we,” “us,” or “our”) understands how important the privacy of personal information is to our users (“you” or “your”). We understand that your privacy matters and we respect your privacy choices. We are committed to protecting your privacy, and we believe in being transparent about what information we collect and how we us it.
- Information Collected and Utilized. The information we collect falls into two categories: information you actively provide (for instance when you create an account); and information we collect through your use of our Services.
1.1 Information You Provide. When you create an account to use or access our Services, post Content to our Site, send messages, participate in message boards, provide payment information or otherwise actively send information or data through the use of our Services, we collect all the data and information you provide us. In each such instance, you will know what data we collect, because you actively submit it.
(d) Community, Health Communities, Blogs and Other Public Forums. We feature several community areas and other public forums where users with similar interests or medical conditions can share information and support one another or where users can post questions for experts to answer. We also offer online discussions moderated by healthcare experts. Our communities are open to the public and should not be considered private Any information (including Personal Information) you share in any online community area including a chat room, Health Community, Ask Our Expert posting or online discussion is by design open to the public and is not private. You should think carefully before posting any Personal Information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines. If you mistakenly post Personal Information in our Community areas and would like it removed, you can send us an email to request that we remove it by using the Contact Us link on every page of the Site. In some cases, we may not be able to remove your Personal Information.
(f) Sharing Info. The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them. If you elect to use our sharing features we may collect information from such social sharing service such as you mobile address book contacts or social media friends or followers, including names, phone numbers, email addresses and social media handles, if available. If you use our Email a Friend service to tell a friend about a feature on our Site, we will ask you for your name, your email address and your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Site using your name and email address as the “from” email address. We do not use your friend’s email information for any other purpose. We will only use the information you provide to send the requested email to your friend.
(g) Your Content. We collect information or other Content that you may post while using our Services or actions that you take while using our Services, including how you interact with our Services, preferences expressed and settings chosen. We collect this information whether you post it directly to our Services or via a third-party service.
(h) Location. Whenever you access our Services, we may derive your approximate location from your IP address and use this information to customize your experience on our Site.
(i) Meta-Data. When you post things like photos on our Services, we may receive additional related data (or metadata), such as the time, date, and place you took the photo.
(j) Tokens. We receive information when you choose to connect social media or other third party accounts and applications with your account, including a token to authenticate your identity between these accounts.
(k) Communications. We receive and store the messages you send to and receive from other users through use of our Services. If you send a SMS message to any person through use of our Services, we receive SMS data including the date and time of the SMS message, the parties’ phone numbers, and the content of the SMS message. We also will store any communications between you and us relating to our Services;
(l) Payment Information. If you choose to access or subscribe to our Premium Services, you will be required to enter your credit card information (“Payment Details”) through our Services to us and the Payment Service Provider retained by us (the “PSP”). We do not store your credit card information on our servers as all payment processing is handled by our PSP
1.2 Information Collected Through Use of Our Services. As part of the standard operation of our Services, we automatically collect information from your mobile device or computer, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, type of mobile device. In addition we may record the actions you take when using our Services. Examples of the types of information that we collect through your use of our Services includes, but is not limited to, the following:
(b) Location Information. We will collect location information based on, for example, your phone’s GPS coordinates, or your computer or device’s IP address, unless you configure your operating system settings to prevent our collection of location information;
(c) Cookies and Other Tracking Technologies. We may also collect certain information through the use of “Cookies” and other tracking technologies (please see our Cookie Statement below). We reserve the right to match your IP address or device information with other information about you in any way permitted by applicable law. We will store this information on our equipment or the equipment of third parties that we have a relationship with for that purpose.
(d) Device Identifiers. If you access or use our Services on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. We may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geo-location or e-mail address.
(e) Server Logs. When you interact with our Services, we collect server logs, which may include information like device IP address, access dates and times, features accessed or pages viewed, crashes, bugs and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
- Uses of Information.
2.1 General Uses. Whether you submit information to us, or whether we gather information about you through your use of our Services, we use this information to provide our Services to you (including particular tools and key features of our Services), administer your account, to measure and improve the Services we provide to you, analyze user behavior, respond to inquires you send to us, send administrative communications about our Site or our Services, obtain feedback about our Site and Services, and otherwise provide you with customer support. We also use this information to provide you and people with similar demographic characteristics and interests with more relevant Content or advertising both on the Site or on other web sites that you visit after you leave the Site; and to conduct research and measurement activities, including those described below. Lastly, we use your information to send you personalized emails or secure electronic messages pertaining to your health interests, including news, announcements, reminders and opportunities from us and send you relevant offers and informational materials on behalf of our sponsors pertaining to your health interests.
We may combine Personal and Non-Personal Information collected by us about you, and may combine this information with information from external sources. In addition to the emails described above that are made available to all registered Site visitors, our users can receive personalized emails or secure electronic messages based on Personal Information entered into the MemorializeMe tool. The MemorializeMe email service requires an “opt-in” authorization from you.
2.2 Research and Measurement Activities. Information that we collect about you may be combined by use with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of Content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which cannot be identified back to an individual user of the Site, to our current or prospective advertisers and other business partners. We do not sell or share any Personal Information with any third parties, except contractors performing services on our behalf who agree not to use this information received from us for any purpose other than performing services on our behalf.
- With Whom Do We Share Your Information?
- Non-Personal Information Collected by Third Parties Not Acting on Our Behalf.
- What Choices Do I Have?
(a) Consent. It is entirely your choice whether or not to use our Services. If you create an account, create a profile, submit Content, information or photos to us, or otherwise use our Services, you are specifically consenting to the use of any Personal Information you have provided to us as set forth herein and in the Terms and Conditions. Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time we ask permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that we seek before you first use our Services, and your use of our Services constitutes your consent.
(c) Deleting Information. If you have registered and desire to delete any of your Personal Information you have provided to us from our systems please contact us using the contact information listed below. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the Site from our servers.
- Communications from Us.
(a) We May Contact You. You agree that as part of the Services we provide to you, we may communicate with you, or initiate communication with you on behalf of a third party, through messaging options available through our Services or through other means such as email or phone whenever you provide us with such contact information. To the extent permitted by applicable law we, or our designated third party partners, may also use your contact information to (i) create an account for you; (ii) to send you notifications regarding your use of our Services, and (iii) send you information about us. We may use demographic and/or profile data to tailor your experience on an App or our Site, show you Content that we think you may be interested in, and display Content according to your preferences. If you do not want your personal information posted on our App or Site, you should not enter it.
(b) Opting Out. If you decide that you would prefer not to receive personalized email or secure electronic messages from our MemorializeMe tool, you may “Opt-out” of the service by clicking on the settings tab on your MemorializeMe home page and changing your email preference or following the unsubscribe instructions included in each promotional email. Emails that we send with opportunities from us or with offers or informational materials from us on behalf of our sponsors will contain an opportunity to unsubscribe from getting additional emails of that type in the future from us unless you re-subscribe.
- TRUSTed Ads Program Ad Choices. In order to give you more control over your privacy choices we have implemented the TRUSTed Ads™ program from TRUSTe. At the bottom of every page of the Site you will see an Ad Choices logo, (which looks like this: Ad Choices Logo). By clicking on that logo you will be presented with a window (the “TRUSTe Window”) that will identify all of the companies that we use to direct tailored advertisements to you, both on the Site as well as on third-party sites. If you would like to stop this tailored advertising from us, you can manage these advertisements through the choices in that window. By clicking the + symbol next to the name of a vendor in that window you will get information about how and where that vendor assists us with the delivery of advertisements. The TRUSTed Ads Program is not available on our Mobile Device Apps. Please see the Section entitled “Mobile Device Applications (“Apps”) and Mobile Optimized Sites.”
- Security. The security of your Personal Information is important to us. When you enter Personal Information (including personal health information in various tools on our website), we encrypt the transmission of that information or use SSL connections (Secure Socket Layer) technology. Despite our efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted. Whenever you post or transmit Content through the use of our Services you do so at your own risk. Although we take reasonable measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, you acknowledge that despite our effects, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. We are not responsible for circumvention of any privacy settings or security measures that we use in connection with providing you our Services. We cannot control the actions of other users with whom you may choose to share your information. We cannot and do not guarantee that Content you post on the Site will not be viewed by unauthorized persons. We will retain your Personal Information as long as your account is active or needed to provide you services. At any time you can remove your Personal Information or instruct us to remove it, but you should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our servers. You understand and acknowledge that, even after removal, copies of Content may remain viewable in cached and archived pages or if other users have copied or stored your Content. We will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
- California. California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. We do not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
- Do Not Track Requests. We do not respond to the browser “Do Not Track” (DNT) signal if enabled by the user in their web browser.
- Our Policy Towards Children. We are committed to protecting the privacy of children. Our Services are not intended for use by children under the age of 18 (“minors”) and we do not knowingly collect personal information from minors. The Site is not designed or intended to attract children under the age of 13. If we learn that we have unintentionally collected personal information of a minor, we will delete such information. A parent or guardian, however, may use the Site to establish a personal health record and home page for a minor. In such an event, the parent or guardian is solely responsible for providing supervision of the minor’s use of the Site. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Site to the minor.
- Cookies and Web Beacons.
16.1 What Are Cookies? “Cookies” are text files that are stored on your browser or device for record-keeping purposes. Cookies allow us to remember important information that will make your use of our Services more convenient. A Cookie will typically contain the name of the domain from which the Cookie has come, the “lifetime” of the Cookie, and a randomly generated unique number or other value.
- Location Cookies. We may store information in a Cookie and place it on your browser or device so you can participate in live event message boards and experience other features that require us to know your location.
16.3 How Long Do Cookies Live? The lifetime of a Cookie depends on its function. “Session Cookies” are temporary cookies that remain in the Cookie file of your browser until you leave our App or website or close your browser. “Persistent Cookies” are cookies that remain in the Cookie file of your browser for much longer (though how long will depend on the lifetime of the specific Cookie).
16.4 How to Get Rid of Cookies.
(a) In General. You have the right to choose whether or not to accept Cookies, but since Cookies are an important part of how our Services work, if you choose to refuse or remove Cookies, you may not be able to benefit from the availability and functionality of our Services (or certain features thereof). Most browsers are set to accept Cookies by default. If you do not wish to receive Cookies or is you wish to set your browser to notify you when you receive a Cookie, you can configure your browsers settings accordingly. You can also delete Cookies that have been installed in the Cookie folder of your browser. To do so, please follow the instructions provided by your browser which are usually located within the “Help” or “Preferences” menu or you can select “Cookies” in the “Help” function of your browser for information on where to find your Cookie folder.
16.5 Other Types of Identification Technologies. We may also use the following types of identification technologies in providing our Services:
(a) “Pixel tags” (aka beacons or pixels) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including Cookies that uniquely identify the device. Pixel tags provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner.
(b) “Local storage” generally are other places on a browser or device where information can be stored (such as HTML5 local storage and browser cache).
(c) “Software Development Kits” function like pixels and Cookies, but operate in the mobile app context where pixels tags and cookies cannot always function.
Effective Date: November 3, 2016