Privacy Policy

Last revised: 03/20/2021

Empathy Project Ltd. (and its affiliates) (“Empathy”, “we”, “our” or “us”) respects the privacy of the users of its Services (as such terms are defined in our Terms of Use available at: www.empathy.com/legal/terms (“TOU”)), including (i) visitors to its website available at www.empathy.com (and its subdomains) (the “Site”), which offers general information regarding Empathy and the Services, and (ii) users of its mobile application (the “App”), which provides a digital tool for dealing with loss, (collectively: the “User(s)” or “you”), and is committed to protecting the personal information that our Users share with us. We believe that you have a right to know our practices regarding the information we may collect and use when you visit and/or use our Site and/or App. Capitalized terms that are not defined herein shall have the meaning ascribed to them in our TOU, into which this Privacy Policy is incorporated by reference. 

1. Your Consent (PLEASE READ CAREFULLY!)

By entering, connecting to, accessing or using the Site and/or the App and/or the Services we offer, you agree to the terms and conditions set forth in this Privacy Policy (the “Privacy Policy”), including to the collection and processing of your personal information (as defined below). Please note: If you disagree with any term provided herein, you may not access or use the Site and/or the App and/or the Services in any manner. 

For avoidance of doubt, you hereby consent to the collection, processing, transfer and use of your personal information. You also acknowledge and confirm that you are not required to provide us with your personal information and that such information is voluntarily provided to us.

2. What information may we collect from our Users?

We may collect two types of data and information from our Users:

2.1. Non-identifiable and anonymous information (“Non-Personal Information). We are not aware of the identity of the User from whom we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information that does not enable identification of an individual User, and that is available to us while such User is entering and/or using the Site and/or the App and/or the Services. You may access and browse our Services without disclosing personal information, although, like most websites and online services, we passively collect certain Non-Personal Information from your devices when you access and browse our Services, including: (i) technical information such as the type and version of your device and its operating system, the type of browser, screen resolution, device browser and keyboard language, wifi connectivity and the type and name of your device and/or browser, etc.; and (ii) behavioral information that may include the User’s click-stream and tap-stream on the Site and the App, the activities of the User on the Site and the App, and additional information of a similar nature (collectively, “Technical and Behavioral Information”). We may also use third-party service providers such as Google Analytics to obtain detailed analytics on the device and the User’s behavior on the Site and the App.

Please note that we or our third-party service providers will collect such Technical and Behavioral Information by using certain technologies such as Cookies (as further detailed below). 

2.2. Personally identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.

    1. Personal Information is collected as part of the User’s communications with Empathy:

  • Personal Information is collected from the details you provide us, consciously and voluntarily, while starting to use our Services (i.e., before starting the Account registration process). You will be asked to answer several preliminary questions, which may include your full name and that of your loved one who has passed, your email address, your loved one’s state of residence and date of death, your relationship to your loved one, information regarding their preferences, etc. Additional information may be required from time to time in order to complete the registration process. 

  • Personal Information is collected from the details you provide us, consciously and voluntarily, as part of any communications with us, by any means, including while contacting us via our phone number, our email address, through our social media pages, by using our Helpline service or by approaching our customer and support services, including, inter alia, your and your loved one’s full names, your telephone number, your loved one’s state of residence and date of death, and your relationship with your loved one. To the extent necessary, for the provision of the services, you may optionally provide additional Personal Information to our representatives, including, inter alia, financial statements. Once your contact details are received by us, our representative may contact you for further communication and as such may collect additional Personal Information from you. 

  • Personal Information may be (i) included in the User-Generated Content you may upload, post, generate or publish on the Site and/or on the App, and (ii) uploaded by you while using the Vault service, such as personal photos and legal and financial documents.

  • We collect your email address when you register to our mailing lists.

  • Personal Information relating to job applicants. You may, at your discretion, use the “Join the Team” page available on our Site in order to apply to the open positions we publish on the Site. (In clicking on and applying to the relevant open position, you will be asked to provide us with some or all of the following: email address, contact details, your CV, etc., in order to be considered for the position.) Please note that we may also collect similar data relating to you from public sources, such as publicly available social media pages and public databases. In addition, please note the following: (i) the Personal Information collected as part of the application process, including any Personal Information included in your CV, may be accessed by our HR department and/or by Empathy’s managers, worldwide, solely for the purposes of evaluation and to enable us to contact you with respect to the recruitment process; (ii) if you submit an application on behalf of a third party, you hereby acknowledge that such third party was made aware of this Privacy Policy and has granted his/her consent to the processing of his/her Personal Information by Empathy; (iii) Empathy will retain Personal Information collected from applicants solely for the period that is necessary for the purposes set forth under this Privacy Policy or for the maximum statutory period in which a claim with respect to the recruitment process may be brought against Empathy; and (iv) if you have successfully been recruited to work for Empathy, any Personal Information collected as part of the application process may be retained by Empathy for the purposes of your employment.

Please note: If the Personal Information you provide to us includes information about others, you are fully and solely responsible for providing all necessary information notices to affected data subjects and for obtaining the required consents under applicable privacy law from these data subjects for the use, processing, sub-processing and storing of their information in accordance with these Terms.

b. Personal Information is collected from other sources: We may also obtain Personal Information from third parties service providers and/or partners in order to communicate and offer you our Services (“Empathy’s Partners”) and from publicly available sources in order to provide you with our Services (such as published obituaries in local newspapers, social media accounts, etc.). In addition, upon your request and to the extent that you provide us with applicable power of attorney and/or consent (as the case may be) we may also approach third parties (such as government agencies) on your behalf and collect Personal Information that is held by them, all in order to provide you with the Services.

c. Personal Information is also collected via technology

  • Geolocation data: While you use the Site and/or the App, we may access, collect, process, monitor and/or remotely store “geolocation data,” including through the collection of IP addresses and other similar information to determine your location for analytics and security purposes.

  • Technical and Behavioral Information: To the extent that the Technical and Behavioral Information detailed above under Section 2.1 is linked to or associated with a specific individual, then such information will be considered as Personal Information. 

  • Identifiers: We process certain online identifiers, such as your Internet Protocol (IP) address, your Unique Device Identifier (UDID) or other unique identifiers for geolocation, targeted advertising and security purposes. In addition, when using the Site and/or the App, our authorized third-party service providers may collect your advertising identifiers, as further detailed below.

  • Please note that: We use third-party tracking services and usage logs to track and analyze data from Users of the Site and/or the App for security and fraud prevention purposes. We may also use cookies to gather information regarding your use of the Site and/or the App and the information that you searched for and accessed.

Please note that we do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the TOU and the Privacy Policy.

3. How do we collect information on our Users?

There are a few methods that we use: 

  1. We collect information through your entry to and use of the Site and/or the App and/or your use of our other Services, including interactions with our social media pages. In other words, when you are using our Site and/or our App and/or our Services, we are aware of it and may gather, collect and store information related to such usage (such as the Non-Personal Information detailed above, and your IP address), either independently or through the help of our authorized third-party service providers, as detailed below.

  2. We collect information that you decide to provide us voluntarily. For example, we collect Personal Information when you register for a User Account and when you contact us via our email address or via our Helpline service. 

  3. We may collect information from third parties. Such information may include publicly available obituaries published in local newspapers, social media accounts, etc, and contact details provided by Empathy’s Partners.

We may gather, collect and store such information either independently or through the help of our authorized third-party service providers, as detailed below.

4. Why do we collect this information?

4.1. Non-Personal Information is collected in order to:

  • Use it for statistical, analytical and research purposes and for customization, development and improvement of the Site and/or App.

  • Enhance the User’s experience while using the Services.

  • Keep the Site and/or the App safe and secure and to prevent fraud.

4.2. Personal Information is processed by us in order to

  • Enable the provision of our Services.

  • Respond to your inquiries, requests, comments and suggestions.

  • Provide support and technical assistance.

  • Send you updates, notices, announcements, and additional information related to Empathy, including regarding changes made to our Terms and updated information regarding our Services, by email, SMS or phone, through App notifications or through the post.

  • Conduct online surveys to better understand your needs and how we can modernize, innovate and improve our Services.

  • Conduct internal operations, including for troubleshooting, data analysis, testing, research and statistical purposes.

  • Comply with our legal obligations, and in order to be able to protect our rights and legitimate interests, including improving our services. 

  • Maintain our data-processing records and for general administrative purposes.

We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your acceptance of the Terms.

5. Sharing Information with Third Parties

Empathy respects its Users’ privacy and will not disclose, share, rent or sell their Personal Information to any third party, other than as permitted under these Terms. 

In addition to using the information collected by us for the purposes described ‎above, we may also share your Personal Information in the following cases: 

  • Empathy’s Personnel: Personal Information that we collect and process may be transferred to or accessed by Empathy’s personnel for the sole purposes of enabling the provision of our Services and to contact you. Please note that all of Empathy’s personnel who will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.  

  • Service Providers: We may share Personal Information with commercial software providers, consultants and data processors that perform services on our behalf, including, without limitation, companies that provide analysis, messaging services and hosting services, and with respect to the users referred to us by Empathy’s Partners, also periodic reports about their usage of our Services, for purposes of learning and improving our services granted to partners.

  • Vendors: At your request, we may transfer Personal Information to third-party service providers, spanning both private and public organizations, in order to enable them to contact you for the purpose of providing their services. Examples of such services may be assistance with memorial arrangements (including planning a funeral), arranging for house cleaning, handling your loved one’s personal belongings, finding an estate attorney, etc. We do not have any control over, and will not be liable for, the manner in which such service providers will process this information. For any inquiries regarding the privacy practices used by such third parties to process Personal Information, please contact them directly. 

  • In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce these terms, and to defend against any claims or demands asserted against us; (c) to detect, prevent or otherwise address fraud, security or technical issues; (d) to protect the rights, property, or personal safety of Empathy, its Users or the general public; and (e) when Empathy is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Empathy.

For avoidance of doubt, Empathy may use Non-Personal Information and transfer and disclose it to third parties at its discretion. 

6. Data subjects’ rights

To exercise any rights you may have under applicable privacy laws (such as the right to access, the right to rectification and the right to delete) please contact us by sending an email to info@empathy.com with sufficient details, and we will respond within a reasonable time frame, but in any event no later than as required by applicable law. We confirm that we do not sell your Personal Information.

Aggregated and/or anonymous information derived from your use of the Services may remain on our servers indefinitely.

7. Location of your data

The information collected from you, as detailed in this Privacy Policy, may, in whole or in part, be transferred, and further transferred, to affiliated entities, any future and/or potential investor or acquirer of Empathy or to other third-party service providers (such as hosting cloud services, as further detailed below), who may be located in countries outside of your jurisdiction, including in a country whose laws do not ensure the same level of protection as that under the privacy protection laws applicable in your jurisdiction. Any transfer of data will be in accordance with the safeguards permitted under applicable privacy laws. 

8. Minors

The use of our Services are intended for Users over the age of thirteen (13). Therefore, Empathy does not intend and does not knowingly collect Personal Information from individuals under this age. We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using our Services. 

9. Security

We take reasonable measures to maintain the security and integrity of your Personal Information and prevent unauthorized access to your Personal Information or use thereof through generally accepted industry-standard technologies and internal procedures. Your Personal Information is hosted on third parties’ servers, which provide advanced strict security standards (both physical and logical). In the event of any breach of the security, confidentiality, or integrity of your Personal Information, we will inform you of this breach as required by applicable law. Please note, however, that there are inherent risks in the transmission of information over the internet or other methods of electronic storage, and we cannot guarantee that unauthorized access or use of your Personal Information will never occur. Empathy shall not be responsible or liable for unauthorized access, hacking, or other security intrusions or failure to store, or the theft, deletion, corruption, destruction, damage or loss of any data or information.

10. Third-party service providers

In order to provide our Services, we may use third-party service providers, which may collect, store and/or process the information detailed herein. Such third-party service providers may include without limitation the following categories of service providers:

Please read the third-party service providers’ terms of use and privacy policies to understand their privacy practices. 

11. Cookies

When you access or use the Site and/or the App, we and/or our third-party service providers may use common industrywide technologies such as cookies, web beacons, pixels, clear GIFs and other similar tools (or other similar technologies) (collectively, “Cookies”), which may enable us, among other things, to distinguish your device from those of other Users of the Site and/or the App, to improve the Site’s and the App’s performance, to deliver a better and more personalized service according to our Users’ individual interests and the device or browser they use, to track Users’ use of the Site and/or the App, to gather information about Users’ approximate geographic location (e.g. city), to prevent fraud and/or abuse, to estimate our audience size and usage pattern and to perform other analytics, and to develop our Site and/or our App.

Cookies may locally store certain Technical and Behavioral information and other Personal Information on your device, and we and/or our authorized third-party service providers may access such information for the purposes detailed under this Privacy Policy. We and/or our authorized third-party service providers may use both session Cookies (which expire once you close the web browser) and persistent Cookies (which stay on the User’s device until he/she deletes them). 

Most devices and browsers will allow you to erase Cookies from your device’s hard drive, block acceptance of Cookies, or receive a warning before a Cookie is stored on your device. However, if you block or erase Cookies, your experience of the Site and/or the App may be limited. 

For detailed instructions regarding the blocking of Cookies, please refer to your browser’s ‘Help,’ ‘Tools’ or ‘Edit’ options, or see www.allaboutcookies.org/manage-cookies/.

It is possible to opt out of having your browsing activity within the Site and/or the App recorded by performance cookies. Please note that we use Google Analytics as our service provider in order to track Users’ activity on the Site and/or the App, including through the use of its services’ persistent cookies. Google provides a browser add-on that allows users to opt out of Google Analytics across all websites, which can be downloaded here: tools.google.com/dlpage/gaoptout.

You can opt out of receiving interest-based advertising on your device by visiting the following sites: www.aboutads.info/choices/, www.networkadvertising.org/choices/ and preferences-mgr.truste.com/. If you wish to opt out of receiving interest-based advertising on your mobile device, please see the advertising preferences information on support.apple.com/ for iOS devices or support.google.com/ for Android devices. 

12. Platform providers

Any processing of Personal Information that will be conducted through in-app purchases will be made by the Platform Provider. Empathy is not affiliated with such Platform Providers; neither is an agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Platform Providers is at the User’s discretion, sole liability and risk. It is the User’s responsibility to abide by all the terms specified by the respective Platform Providers in their terms of use and privacy policies, including but not limited to any age restrictions specified therein. You acknowledge that you are fully assuming the risks of conducting any transactions via the Platform Providers.

13. Links to third-party websites

Certain links provided in the Site and App permit Users to leave our Site and App and enter non-Empathy sites or services. Those linked sites and services are provided solely as a convenience to you. Those linked sites and services are not under the control of Empathy. Empathy is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content advertising, products, services or other information on or available from such linked sites and services or any link contained in such a linked site or service. Empathy reserves the right to terminate any link at any time. You further acknowledge and agree that Empathy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resources. Most of these linked sites and services provide legal documents, including their own terms of use and privacy policies, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

14. Direct marketing

You hereby agree that we may use the contact details you provided to us (including, without limitation, email address and phone number) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future products and services. You may withdraw your consent by sending a written notice the following email address: info@empathy.com. Alternatively you may follow the instructions for removing yourself from the mailing list, which are available in the messages you receive.

15. Data retention & modification

Your data is yours. In the event that you wish to modify or delete the Personal Information you provided to us via the Services, you can do it independently using the Account settings, or you can send us an email with your request to info@empathy.com and we will modify or delete your Personal Information pursuant to any applicable privacy laws. Note that unless otherwise explicitly specified herein and/or unless you instruct us otherwise, we may retain your Personal Information for as long as reasonably required to fulfill the purposes that the Personal Information was collected for, all as permitted under any applicable privacy laws. Aggregated and/or anonymous information derived from your use of our Services may remain on our servers indefinitely. 

16. Changes to the Privacy Policy

The terms of this Privacy Policy will govern the use of the Site, the App and any information collected therein and/or provided to us voluntarily. Empathy may, at its sole discretion, change this Privacy Policy from time to time, so please revisit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or the App, and/or we will send you an email (to the extent that you provided us with your email address) regarding the change. Such material changes will take effect four (4) days after this notice was provided on the Site and/or the App or sent via email, whichever is earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date, and your continued use of the Site and/or the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law, and without any prior notice.

17. Got any questions?

If you have any questions (or comments) concerning this Privacy Policy, please send us an email at the following address: info@empathy.com