Last revised: 03/20/2021
1. Your Consent (PLEASE READ CAREFULLY!)
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.
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.
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.
3. How do we collect information on our Users?
There are a few methods that we use:
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.
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.
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 firstname.lastname@example.org 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 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.
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:
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.
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
13. Links to third-party websites
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: email@example.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 firstname.lastname@example.org 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.
17. Got any questions?