Terms and Policies

The Empathy Project Inc. (and its affiliates) (collectively, “Empathy”, “us”, ”our“, or “we”) welcome you (the “User(s)” or “you”) to our:

1. Marketing website at: www.empathy.com (and its subdomains), which offers general information regarding Empathy and its services (the “Site”); 

2. Empathy’s leave support mobile and web application, where available, which provides an online platform for employees managing short-term disability or maternity leave through a hybrid model that combines digital tools with personalized care management (the “Leave Support App”); and 

3. Empathy’s loss support mobile and web application, which provides an online platform for dealing with aspects of loss, as part of a hybrid model that combines digital tools with personalized care management (the “Loss Support App”).

4. Empathy’s web-based portal, which enables Third Party Providers’ (as defined below) representatives, and advisors, to introduce and invite individuals to access Empathy’s services and provides reporting and dashboards to track programs’ performance and utilization (“Empathy Connect”).

Each of Empathy’s Leave Support App and the Loss Support App shall hereinafter be referred to as an “App”, and collectively as the “Apps”. For the avoidance of doubt, references to the App or the Apps shall refer to both the Leave Support App and the Loss Support App.

These Terms cover and govern all services provided through our Apps and Site, Empathy Connect, and all other related services mentioned here (collectively, the “Services”). You may use the Apps and/or Site according to these terms and conditions.

Please review Section ‎26 (“Dispute Resolution”) carefully. For U.S. residents, these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms limit Empathy’s liability and the remedies available to you in the event of a dispute.

ACCEPTANCE OF THESE TERMS

By connecting to, accessing, using, installing and/or downloading the App(s) or Site or otherwise accessing and/or using the Services, you acknowledge that you understood and accept the following Terms of Use, including the terms of our Privacy Policy available at: empathy.com/legal/privacy (the “Privacy Policy”) (collectively, the “Terms”), and you agree to be bound by the Terms, to comply with all applicable laws and regulations regarding your use of the App(s) and/or Site, and you acknowledge that these Terms create a binding and enforceable legal contract between Empathy and you. If you do not agree to these Terms, please do not install, enter, connect to, access or use the App(s) and/or the Site in any manner and promptly uninstall the Apps.

Our Apps, Site and Services are available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You must be and and confirm that you are of legal age in your jurisdiction to form a binding contract, have the legal right to agree to these terms, use the Services as described, and fully meet your responsibilities under these Terms.

Important Note:

The right to access and utilize the Apps and Services provided by, or in connection with, the Apps, as set out in these Terms, may be provided to you on behalf of an independent third party, including but not limited to your employer, insurance carrier, consultant or advisor, which may be subject to separate terms between you and such third party (collectively, the “Third Party Provider”) containing independent terms and conditions (the “Provider Terms”). By way of illustrative example, you may be granted the right to access and utilize one or more Apps and related Services in conjunction with an insurance policy purchased by your employer, as an employment benefit, or in a similar capacity. Your access to and utilization of the Apps and Services is subject to your acceptance of and compliance with the Provider Terms. In addition, where Services are provided on behalf of a Third Party Provider, the provision of the Services shall be subject to an agreement between Empathy and the Third Party Provider (the “Empathy Services Agreement”). In the event of any conflict or inconsistency between these Terms shall take precedence. For the avoidance of doubt, Empathy is not a party to the Provider Terms, and as such neither Empathy nor anyone on its behalf shall have any responsibility or liability for your engagement with any Third Party Provider, and these Terms form the only agreement between yourself and Empathy with respect to the Apps and Services provided.

1. THE APPS, SITE AND THE SERVICES

The Site provides information regarding Empathy and our products and services and allows Users to contact us.

Where available, the Leave Support App is a comprehensive mobile application designed to support employees managing short-term disability leave through a hybrid model that combines digital tools with personalized care management. The Leave Support App transforms the often isolating and overwhelming leave experience into a structured, supportive journey by providing certain in-App Services, such as daily check-ins, symptom and medication tracking, wellness tools including guided meditation and breathing exercises, and practical leave management resources such as educational guides, communication templates, and back-to-work checklists. 

The Loss Support App serves as a platform for coping with bereavement, through which various services are offered to Users, including but not limited to guidance regarding recommended courses of action and assistance in performing requisite tasks attendant to the loss of a loved one. By electing to utilize said Services, users may receive consultations (including via live-chat), recommendations, supportive tools, comprehensive informational resources designed to facilitate completion of such requisite tasks and an option to scan and upload relevant documents to their personal Account.

Empathy may (but is not required to) allow Users to invite third parties, such as family members, to open an Account on the Loss Support App and share certain information from their Account with such third parties. Users may also export certain data from the Apps. By inviting third parties to use the Apps, sharing information or exporting information and materials from the Apps, you acknowledge and confirm that: (a) such third parties may access your User-Generated Content (as defined below) and use it at their discretion and that Empathy cannot control the actions of such third parties; (b) any data that you share with others, may be used and controlled by them, including by way of integrating it with other information, modifying, transferring or sharing it with third parties; and (c) you are solely responsible for adding such third parties to your Account and any sharing of data is at your own risk. Empathy takes no responsibility and assumes no liability for any actions and information made available by you to any third party, or for any related loss or damage.

Please note that, to the extent applicable, certain anonymized and aggregated data which is collected and produced as part of your use of the Apps and the related Services may be made available to relevant Third Party Providers for their own independent use, at its discretion. Our anonymization of any personal data is explained further in our Privacy Policy.

To the extent provided for in the Provider Terms, the Apps may also feature chat support through a dedicated care team (the “Care Team”, as further detailed below). By electing to utilize said Care Team Services, Users may receive assistance, guidance recommendations, supportive tools, and informational resources. Certain Services may be provided outside of the App, namely support services through telephone calls with Care Team representatives.

Empathy may, from time to time, provide Users with some or all of the Services described above as well as with additional services, whether through the Apps or otherwise, depending on whether the User has purchased the right to use the Apps and Services directly from Empathy or through a Third Party Provider, and the relevant Provider Terms and Empathy’s Services available from time to time. To the extent a User has purchased or otherwise acquired the right to access and use the Apps and/or Services from a Third Party Provider, the nature and scope of Services available to such User shall be subject to the terms of the separate agreement existing between Empathy and the relevant Third Party Provider, and further subject to the Provider Terms. 

The Site, Apps and Services also provide comprehensive information related to Empathy including, but not limited to, an overview of, and news regarding, Empathy and the Services, blog, job opportunities, including any other content related thereto, such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Apps, algorithms, source and object code, interface, GUI, interactive features and related graphics, illustrations, drawings, animations, and other features obtained from or through the Apps (collectively, the “Content”). 

The Apps may include the sending of push notifications, messages, emails and alerts via various means of communication,  in accordance with applicable data protection laws.

You acknowledge that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Apps and/or Site, according to the applicable rates charged by your respective third-party internet and data usage service provider as may be updated by such provider from time to time.

DISCLAIMERS FOR ALL APPS AND SERVICES – PLEASE READ CAREFULLY!

All rights in and to the Content available on the Services are reserved to Empathy, or its licensors. To the extent legally permissible, the Apps and/or Site and/or the Content and/or Services and/or the User-Generated Content available therein are provided on an “as-is” and “as available” basis. Empathy will not be liable for any damages or loss incurred by you or any other person as a result of or in connection with your use of the App(s) and/or the Site and/or the Services and/or the Content and/or the User-Generated Content available therein.

The Apps and/or the Site and/or the Services and/or Content are provided for informational purposes only and are not intended to constitute professional advice, including without limitation legal, tax, financial, mental health or medical advice, or any other advice which requires professional licensure (such as services provided by psychologists or social workers). Your use of the Apps and/or the Site and/or the Services (including the Content and/or the User-Generated Content available therein) and your reliance on any Content available to you as part of the Services (including any materials, advice or recommendations provided to you) is entirely at your own risk. For the avoidance of doubt, you agree that Empathy is not liable for any recommendations its Care Team representatives provide to Users.

The apps, the site and the services are provided without warranties of any kind, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement or course of performance. Empathy does not warrant the accuracy, completeness, or usefulness of the information provided via the Apps and/or Site and/or Services. Empathy does not represent or warrant that it will maintain backups of any data uploaded to the Apps or otherwise processed by empathy as part of providing the Services, and as such, you are solely responsible for backing up such data (which includes any data, records and materials that you upload to the Apps and your account and your user-generated content). Empathy does not provide any archive services for storing such data. In addition, you agree that Empathy shall not be responsible for any unauthorized access, use or other security intrusions, failure to store, and any other damage or loss to such data, to the fullest extent permitted by applicable law. 

Information or data you submit to Empathy shall remain confidential and shall only be disclosed by Empathy in manners permitted under the Privacy Policy. All User-Generated Content supplied to Empathy by the relevant User, is not verified by Empathy and does not bind Empathy in any form. We reserve our right to refuse provision of the Services to anyone, for any reason or for no reason, all subject to applicable law.

ADDITIONAL IMPORTANT NOTES, DISCLOSURES AND DISCLAIMERS RELATING TO THE LEAVE SUPPORT APP – PLEASE READ CAREFULLY!  

• Not Medical Advice or Treatment: The App does not provide medical advice, diagnosis, or treatment. All Content, including symptom tracking, medication reminders, wellness tools, guided breathing exercises, meditation sessions, and mental sharpness exercises are for informational and supportive purposes only and are not intended to replace professional medical care, diagnosis, or treatment. Users should always consult with qualified healthcare professionals regarding their medical conditions, treatment plans, and return-to-work decisions.

• Medication Management Limitations: Any medication reminder feature included in the App is a convenience tool only and does not constitute medical supervision. Users remain solely responsible for taking medications as prescribed by their healthcare providers. The App does not monitor medication compliance, drug interactions, or side effects. Users should not rely solely on App reminders for critical medication schedules.

• Symptom Tracking Disclaimer: Symptom tracking and progress monitoring features are self-reporting tools that do not provide medical analysis or interpretation. Data collected through these features should not be considered a substitute for professional medical evaluation. Users should share relevant tracking information with their healthcare providers for proper medical assessment.

• Mental Health Support Limitations: While the App may provide emotional support tools including check-ins, affirmations, and guided exercises, these features are not intended as psychological therapy, mental health treatment, or crisis intervention. Users experiencing mental health emergencies or suicidal thoughts should immediately contact emergency services or mental health professionals. The Apps' wellness tools are supplementary support only and do not replace professional mental health care.

• Not Legal Advice: Information provided regarding leave types, processes, FAQ content, glossaries, and back-to-work guidance is for general informational purposes only and does not constitute legal advice. Leave laws vary by jurisdiction, employer, and individual circumstances. Users should consult with qualified legal professionals, human resources departments, or leave specialists for advice specific to their situation.

• Leave Eligibility and Entitlements: The App does not determine leave eligibility, duration, or benefit entitlements. These determinations are made by employers, insurance providers, or government agencies according to applicable laws and policies. Users should verify their specific leave rights and benefits through such channels. Any pre-leave planning features or support provided through the Services are for informational purposes only and do not constitute advice regarding whether an individual should take leave, when to take leave, or how to structure leave arrangements. Such decisions should be made in consultation with healthcare providers, employers, and other relevant professionals.

• Communication Templates Disclaimer: Pre-written communication templates, including those provided for manager and coworker communications, are suggestions only. Users are responsible for customizing communications to their specific situations and ensuring compliance with their employer's policies and procedures. Empathy is not responsible for workplace relationships or employment consequences resulting from use of these templates.

• Claims Process Support: While the App aims to simplify leave and claims processes, it does not guarantee claim approval, processing speed, or outcomes. Users remain responsible for meeting all requirements, deadlines, and obligations related to their leave and benefit claims.

2. RECEIVING PROMOTIONAL TEXT MESSAGES AND CALLS FROM EMPATHY

a. Communicating with you. You hereby consent to receive text messages and calls (including by using artificial or prerecorded voice, live operator, and/or autodialing) in relation to information about our Services. We may also send you notifications regarding new features, offerings, events and special opportunities from Empathy that we think may interest you, which will be sent to the telephone number provided at the time of your opt-in. Please see our Privacy Policy, available at: empathy.com/legal/privacy, for further information regarding this. Text message frequency varies based on your use of the Services and interaction with Empathy. You hereby acknowledge that message and data rates may apply in accordance with local laws, and you agree that Empathy and any third-party provider of text messaging services are not liable to you for violations of the US Telephone Consumer Protection Act of 1991 (“TCPA”), or any related rules, regulations, or Federal Communications Commission Orders.

Empathy is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the TCPA. In the event you receive electronic communications from us which you do not believe are fully compliant with these laws, please contact us through the contact details below. 

b. Empathy Opt-Out and Assistance. To opt-out of any future text messages, reply “STOP” to stop receiving text messages from Empathy. For further assistance email us at [email protected]. You may receive an additional mobile message confirming your decision to opt out. To opt out of future calls, ask the Care Team members to be added to the Do Not Call list. You understand and agree that the foregoing options are the only reasonable methods of opting out of such communications.

c. Update Mobile Telephone Number. You agree to provide Empathy with a valid mobile telephone number. You agree to promptly update your mobile telephone number upon any change or deactivation of your mobile telephone number and to opt-out of receiving text message communications using your previous mobile telephone number before changing your mobile telephone number applicable to the Services. To the extent permitted by applicable law, you agree that Empathy shall not be liable for failed, delayed, or misdirected delivery of any information sent through the text message program, any errors in such information, and/or any action you may or may not take in reliance on the information or Services.

3. REGISTRATION AND USER ACCOUNT

In order to use the mobile Apps, you must download the mobile Apps from the applicable mobile application marketplace.

In order to access and use the Apps and related Services, you must register and create an account (the “Account“) by completing the registration process on the applicable App, which requires you to share with us certain personal information such as your mobile phone number, as further detailed in our Privacy Policy. When you create an Account with us, you confirm that you are over the age of 18, that you are of legal age in your jurisdiction to form a binding contract, that you possess the legal authority and capacity to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations under these Terms. You confirm that the information you provide us is accurate, complete, and current at all times, and that you are legally authorized to disclose such information to us. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer, mobile device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Empathy. You must notify Empathy immediately of any unauthorized use of your Account or any other breach of security, and in such event you must change your password immediately via the settings in the applicable App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms (e.g., if someone else accesses your Account through the registration information they have obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security). 

If you wish to cancel and remove your Account, please use the applicable functionality within the applicable App or send us an email of your request to: [email protected]. Your Account will terminate within a reasonable time period following your request, and from that date of termination you will no longer be able to access your Account.

Cancelling your Account may cause the loss of certain information you provided to us (including documents you uploaded to the applicable App and your user-generated content) and/or the capacity of your Account. You agree that Empathy is not responsible for any loss of data due to the termination or cancellation of your Account.

We have the right to disable any Account access credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

To the extent that the Service is provided to you pursuant and subject to Provider Terms and/or the Empathy Services Agreement, then the Account you create on the applicable App is intended to remain active for a minimum of twelve (12) months, in accordance with the Empathy Services Agreement, and subject to the terms set forth in these Terms. Notwithstanding the foregoing, Empathy reserves the right to deactivate or terminate your Account at any time, for any reason, with or without cause. 

In the event that your Account is deactivated or terminated due to the expiration of the term of your Account, or in the event that Empathy ceases to operate the App(s) or the Services or any part thereof, Empathy shall make commercially reasonable efforts to notify you using the contact information provided in your Account. However, Empathy shall not be liable for any failure to notify you or for any consequences resulting from the deactivation or termination of your Account.

You acknowledge and agree that upon deactivation or termination of your Account, Empathy may, in its sole discretion, delete or destroy any or all of the information and documents associated with your Account, and Empathy shall not be responsible to you or any third party for such deletion or destruction. Please ensure that you have backup copies of any documents which are uploaded to your Account and/or the App.

By using the App, you signify your understanding and agreement to the terms outlined in this section regarding the term and potential deactivation of your Account.

4. CARE TEAM

To the extent Care Team Services are furnished to you under the Empathy Services Agreement (and solely to such extent), you may obtain certain Services by engaging with Empathy’s Care Team, including via chat in the Apps, email or via phone communications (through Empathy’s call center). The scope and nature of Services furnished by the Care Team is subject to the Empathy Services Agreement and may be subject to modification by Empathy periodically and at its sole discretion. 

By way of example, Empathy’s Care Team support includes help with finding vendors, answering general leave-related questions, creation of a care plan. Care Team members cannot and do not provide medical advice, mental health treatment, legal counsel, financial or insurance coverage advice, or make decisions regarding leave benefits or claims. Care Team members are not medical professionals, licensed therapists, mental health counselors, or legal advisors. 

All calls between you and the Care Team shall be recorded by Empathy for purposes of: (i) furnishing the relevant Services to Users; (ii) retaining requisite records; (iii) legal defense against claims; and (iv) improving Empathy’s products and services. You will be informed of this at the outset of the call, and, by continuing to use the Care Team Services on such call, you agree and consent to such recordings for the foregoing purposes and uses. Response times may vary based on volume and complexity of inquiries. Empathy does not guarantee maximum wait times to access the Care Team or call center.

The care team and call center services are not intended for use in any emergency situation or for addressing medical or health related issues. For medical emergencies, mental health crises, or urgent legal matters, users should contact appropriate emergency services or professionals directly. Empathy disclaims all liability in connection with users’ failure to seek appropriate emergency or medical assistance.

Any assistance furnished to users by personnel of the care team is intended solely for informational purposes and shall not constitute professional advice, including without limitation legal, tax, financial, mental health or medical advice, or any other specialized advice requiring professional licensure (such as services offered by psychologists or social workers). Users’ utilization of and reliance upon any advice or information furnished by the care team is entirely at Users’ own risk.

5. CONSIDERATION

The use of our Site is currently offered free of charge. We reserve the right to charge fees for any use of our Services (including the Site) in the future, at any time, in which case we will notify you and obtain your consent before providing a paid for offering.

If you have gained access to the Loss Support App or are using the Loss Support App directly (and not pursuant and subject to Provider Terms), then use of the Loss Support App (and other Services) may be subject to the purchase of a subscription and the payment of fees, as further detailed on the Apps (the "Subscription" and “Subscription Terms”, respectively). The applicable Subscription Terms are incorporated into these Terms by reference.

We may (but are not obligated to) provide a free trial Subscription or other benefits from time to time, at our sole discretion. The specific period for such free trial Services will be stipulated on the Apps or otherwise agreed with you in writing. We may impose, at any time, with immediate effect and at our sole discretion, restrictions on the use of Apps and the Services under a free trial Subscription, including limitation on the availability of certain features of the Services, limitations on the period of the trial period and so forth. We may terminate free trial Subscriptions at any time and at our sole discretion.

Following the trial period, if applicable, the fees for the Subscription shall be automatically billed in advance and periodically thereafter, in accordance with the applicable Subscription Terms. If you do not provide your credit card or other payment information before the expiration of any free trial period, access to your Account may be limited (at our sole discretion) until payment information and charge authorization are provided. 

We may change the Subscription Terms, including any fees due with respect to the Subscription, for any subsequent Subscription renewal term, provided that we notify you of such change at least 30 days prior to the expiration of any Subscription term, and such change will not affect your then existing Subscription term. Your failure to notify us of cancellation of your Subscription prior to its renewal will constitute your consent to the renewal of the Subscription under the new Subscription Terms, as notified to you.

To the extent permitted under applicable consumer laws, all fees and other amounts paid hereunder are irrevocable and non-refundable. Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including VAT, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying Taxes except those assessable against Empathy based on its revenue. We will invoice you for such Taxes if we believe we have a legal obligation to do so.

Payments for your Subscription will be processed through the Platform Provider (as defined below), such as Google Play or Apple App Store, from which you originally downloaded the Apps (an “In-App Purchase”). If you make such an In-App Purchase, then you enter into a direct relationship with the Platform Provider and the Platform Providers’ terms and conditions will also apply. If you have any payment-related issues with In-App Purchases, you must contact the Platform Provider directly for assistance. It is your responsibility to abide by all the terms specified by the Platform Providers in their terms of use and privacy policies. You acknowledge and agree that all payment processes are handled by the Platform Provider and are governed by such terms and policies. Please note that we do not control and are not affiliated with such Platform Providers. These Platform Providers are independent contractors and have no employment or agency relationship with Empathy. Empathy is not responsible in any way for the actions or performance (or lack thereof) of the Platform Providers. You acknowledge that you are fully assuming the risks of conducting any transactions via the Platform Providers.

6. USE RESTRICTIONS

There are certain activities and kinds of conduct that are strictly prohibited when using the Apps and/or the Site and/or Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Empathy’s sole discretion) in the termination of your use of the Apps, Site and/or Services and may also expose you to civil and/or criminal liability.

You may not (and you may not permit any third-party to) unless otherwise explicitly permitted under these Terms: (a) use the Apps and/or the Site and/or the Content and/or the User-Generated Content and/or Services for any illegal, immoral, unlawful and/or unauthorized purposes (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) use the Apps and/or the Site and/or the Content and/or the User-Generated Content and/or Services for non-personal or commercial purposes without Empathy’s express prior written consent; (c) frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Apps and/or the Site or remove or disassociate, from the Content and/or the Apps and/or the Site and/or the User-Generated Content any restrictions and signs indicating proprietary rights of Empathy or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you confirm you will comply by all applicable laws in this respect; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider or crawler, or any search or retrieval application, or use other manual or automatic device, process or method to access the Apps or the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Apps or the Site or the servers or networks that host the Apps or the Site, or disobey any laws, regulations, requirements, procedures or policies of such servers or networks; (f) impersonate or attempt to impersonate, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Empathy endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Apps or the server on which the Apps are stored, or any server, computer, or database connected to the Apps or the Site; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble the Apps and/or the Site and/or Services and/or any portion of the Content made available by Empathy on or through the Apps and/or the Site and/or Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content and/or User-Generated Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use of, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Empathy’s proprietary rights, including the Apps and the Site and the Content, and including Empathy’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permits such actions; (k) make any use of the Content and/or Use-Generated Content on any other site or networked computer environment for any purpose without Empathy’s prior written consent; (l) create a browser or border environment around Empathy’s Content (no frames or inline linking is allowed); (m) sell, license or exploit for any commercial purposes any use of or access to the Apps and/or the Site and/or Services and/or the Content and/or the User-Generated Content; (n) frame or mirror any part of the Apps or the Site without Empathy’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User-Generated Content from the Apps or the Site; (p) transmit or otherwise make available in connection with the Apps or Site any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component; (q) use the Services for any purpose for which the Apps and/or the Site and/or the Services are not intended; (r) infringe and/or violate any of the Terms; (s)  transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation ; and/or (t) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Apps or the Site, and/or the Services, or which, as determined by us, may harm us or users of the Apps or the Site and/or Services or expose them to liability.

7. PRIVACY POLICY

Information about the type of personal data we collect and how we process and use it is described in detail in our Privacy Policy, which is provided hereinafter and also at: www.empathy.com/legal/privacy. If you intend to connect to, access or use the Apps and/or the Site and/or Services, you must first read and understand the Privacy Policy.

8. USER-GENERATED CONTENT

User-Generated Content

The Apps and Services may allow you to upload, post, publish and make available through it your own information and materials such as documents, photos, certificates, images, literary works, text material and any other materials (collectively, “User-Generated Content”). While you use the App and Services, you have the right to use and post any User-Generated Content you upload to the App. You agree that Empathy will not be responsible for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User-Generated Content.

To the extent permitted by law, you will own any User-Generated Content you upload to the App.

You understand and agree that you are solely responsible for your User-Generated Content and the consequences of posting or publishing such material on the App in any way.

You confirm and must ensure you are the rightful owner of the User-Generated Content  you upload to the App or that you have (and will continue to have) all the necessary licenses, rights, consents and permissions from the rightful owners of such User-Generated Content and that such User-Generated Content does not infringe any third party’s intellectual property rights or other rights (including, without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

It is your responsibility to obtain any and all forms of consent required under any applicable laws regarding the posting of any personal information of others that is part of the user-generated content, and to adhere to any applicable laws regarding such information.

Restrictions

Except as expressly permitted herein, you expressly agree that the User-Generated Content will not include any unsolicited promotions, advertising, contests or raffles.

You agree that you will not post or upload any User-Generated Content containing content that is unlawful for you to possess, post or upload under the jurisdiction in which you reside, or that would be unlawful for Empathy to use or possess in connection with the App (including but not limited to any content that is defamatory, libelous, pornographic, indecent, harassing, threatening, discriminatory, abusive or fraudulent).

Empathy explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User-Generated Content available on the App at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User-Generated Content you post or store on the App at your sole expense.

License

When you upload, post, publish or make available any User-Generated Content on the App, you grant to Empathy and our affiliates and service providers all of the rights and license we need on a worldwide and continuing basis (without charge) to use, copy, distribute, change, publish, translate, license and exploit such User-Generated Content, as reasonably necessary to provide you with the Services. Empathy shall not bear any liability for any use by any third party of the User-Generated Content.

Empathy takes no responsibility and assumes no liability for any user-generated content uploaded, posted, published or made available by you or any third party in the App, or for any loss or damage thereto, nor is Empathy liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third-party may encounter via the App.

9. COMMUNITIES FEATURE

Where applicable and available, the Loss Support app may include community features (the “Communities”) that allow Users to participate in forum-style discussions and share content with other Users. All content shared through Communities constitutes User-Generated Content and is subject to the provisions set forth in the “User-Generated Content” section above.

When participating in the Communities, you agree to comply with our community guidelines (the “Community Guidelines”) available at https://app.empathy.com/community-guidelines, as updated from time to time. These Community Guidelines are incorporated by reference into these Terms.

Empathy reserves the right to edit, modify or remove any content posted in Communities, suspend or terminate your access to Communities, modify the features, functionality, or availability of Communities, and take any other appropriate action for violation of the Community Guidelines or these Terms. Empathy has the right to edit or remove any content that Empathy determines, in its sole discretion, violates these Terms or the Community Guidelines, is inappropriate for Communities, or may expose Empathy, its users, or any other third parties to harm or liability.

You acknowledge that Communities are intended to provide peer support and discussion, and that Empathy does not monitor all content in real-time. While Empathy strives to maintain a supportive environment, you agree that your use of Communities is at your own risk and subject to all applicable provisions of these Terms.

10. MISCONDUCT AND COPYRIGHT VIOLATION

Empathy respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that any Content in the Apps and/or the Site (including User-Generated Content) is violating your privacy rights and/or is inappropriate, offensive or contains pornography, please send us a notification of such infringement containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit Empathy to locate the material; (iv) information that will allow Empathy to contact you, including  your address, telephone number, or email address; (v) a statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi)  a statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner”.

Please send us the notification as follows:

The Empathy Project Inc.

56 W 22ND Street, 12TH Floor, New York, NY 10010

Email: [email protected]

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed our intellectual property rights or any third party.

11. INTELLECTUAL PROPERTY RIGHTS

Subject to the terms hereof, including the Subscription Terms and, where applicable, the Provider Terms and the Empathy Services Agreement, Empathy hereby grants to you a limited, personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use and for no other purpose, strictly in accordance with these Terms, the applicable Usage Rules (defined below), the Subscription Terms and where applicable the Provider Terms and Empathy Services Agreement (as applicable) and applicable law; and (ii) to use the Services and the Content provided on the App in accordance with the terms set forth in these Terms.

The Site, the Apps, the Services, the Content and Empathy’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Empathy and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Empathy and its licensors.

These Terms do not convey to you an interest in or to Empathy’s Intellectual Property, but only a limited revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of Empathy’s Intellectual Property under any law.

To the extent you provide any feedback, comments or suggestions to Empathy regarding the Site and/or the Apps and/or the Services and/or the Content (collectively, the “Feedback“), Empathy shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Empathy’s current or future products, technologies or services and to use such Feedback for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you confirm that your Feedback is not subject to any license terms that would purport to require Empathy to comply with any additional obligations with respect to any of Empathy’s current or future products, technologies or services that incorporate any Feedback.

Empathy has no obligation to provide upgrades or new releases of the Apps under these Terms.

12. TRADEMARKS AND TRADE NAMES

Empathy’s marks and logos and all other proprietary identifiers used by Empathy in connection with the Services (“Empathy Trademarks”) are all trademarks and/or trade names of Empathy, whether or not registered. All other trademarks, service marks, trade names and logos that may appear on the Site and/or the App belong to their respective owners (“Third-Party Marks”). No right, license, or interest to Empathy Trademarks and the Third-Party Marks is granted hereunder, and you agree that no such right, license or interest shall be asserted by you with respect to Empathy Trademarks or Third-Party Marks and therefore you will avoid using any of those marks. In addition, the look and feel of the Site and/or the Apps including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ours and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or affiliation with us.

13. LINKS TO THIRD-PARTY SITES AND TOOLS

Certain links and features provided within the Site and/or the Apps permit our Users to leave the Site and/or the Apps and enter non-Empathy sites or services, such as those of Third Party Providers. These linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Empathy, and you agree that Empathy is not responsible for the availability of such external sites or services. Empathy does not endorse, and you agree that Empathy is not responsible or liable for, any content, including but not limited to content advertising, products or other information, on or available from such linked sites and services or any link contained in such linked sites or services. In addition, you agree that Empathy is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. 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 services, content, products or other materials available on or through such linked sites or resources. Most of these linked sites and services provide their own legal documents, including terms of use and privacy policies, governing the use thereof. It is always advisable, and we encourage you, to read such documents carefully before using those sites and services, among other reasons, in order to know what kind of information about you is being collected.

14. THIRD PARTY PLATFORMS’ TERMS

To the extent that you are downloading the App from a third-party platform, service provider or distributor (“Platform Provider”), your use of the App may also be governed by usage rules that the Platform Provider may have established and that relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules, and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules that relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Apple Inc.

The following applies to you if you download or have downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple-branded device that you own or control, (ii) these Terms are solely between you and Empathy, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple may refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Empathy as provider of the App.

You acknowledge that Empathy, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use thereof infringes that third party’s intellectual property rights, Empathy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

15. SOCIAL MEDIA FEATURES

The Site and/or the Apps may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via X, YouTube, Facebook, email, etc.) (the “Social Features”).

The Social Features are operated by or allow for social integration with certain third-party social networks or third-party platforms (“Social Network” or “Social Network Platform”). These are created and maintained by third parties that are not affiliated with and/or controlled by Empathy. If you enable this integration, your use of the Social Features is subject to the applicable third-party Social Network or Social Network Platform’s terms of use and privacy policies. If you do not agree to the practices described in such terms, you should disable the Apps and/or Site’s integration with such Social Networks or Social Network Platforms; however, you may find that you are not able to enjoy all of the features available on our Services. Empathy is not responsible and has no liability for your use of such Social Networks or Social Network Platforms.

16. SPECIAL PROVISIONS RELATING TO THIRD-PARTY COMPONENTS

The App may use or include third-party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third-Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the App, and Empathy disclaims all liability related thereto. You acknowledge that Empathy is not the author, owner or licensor of any Third-Party Components, and that Empathy makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third-Party Components. Under no circumstances shall the App or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.

17. AVAILABILITY

The Site, Apps and Services’ availability and functionality depends on various factors, such as communication networks. Empathy does not provide any assurances or guarantee that the Site and/or the Apps and/or Services will operate and/or be available at all times without disruption or interruption, nor that it will be immune from unauthorized access or error-free.

18. CHANGES TO SITE AND/OR THE APPS

Empathy reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site and/or the Apps (or any part of these, including but not limited to the Services provided and the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided on the Site and/or the Apps may be changed, extended in content or form, or removed at any time without any notice to you. You agree that Empathy shall not be responsible to you or to any third party for any modification, suspension, or discontinuance of the Site and/or the Apps or the Content. You hereby agree that Empathy is not responsible for any errors or malfunctions that may occur in connection with performing such changes.

If Empathy supplies to you any updates, upgrades or new versions of the Apps (“Updates“) according to its then-current policies, it may include automatic updating or upgrading of the Apps with or without any additional notice to you, and the Terms will govern any such Updates, unless these are accompanied by a separate license agreement, which will prevail, and all references herein to the Apps shall include such Updates. For clarity, Empathy has no obligation to provide Updates.

19. DISCLAIMER OF WARRANTIES

To the fullest extent legally permissible, the site and/or the apps and/or the content and/or the user-generated content and/or the services are provided on an “as-is” and “as available” basis, and empathy, including its vendors, officers, shareholders, sub-contractors, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers (collectively, “Empathy’s representatives”), disclaim all warranties of any kind, express, implied or statutory, relating to the site and/or the apps and/or the services and/or the content and/or the User-Generated Content, including but not limited to warranties of title, implied warranties of use, merchantability, fitness for a particular purpose, non-infringement or course of performance. You may have additional consumer rights under your local laws that this agreement cannot change.

The Site and/or the Apps, Services, Content and User-Generated Content are provided for informational purposes only and should never be construed or be used as a substitute for legal, tax, financial, health or other professional advice. Laws differ by state and country and we cannot guarantee the accuracy of this information for your particular situation or jurisdiction. You should consult an experienced attorney, tax professional, financial advisor or health professional concerning your specific situation. Empathy and Empathy’s representatives do not, either expressly or implicitly in any manner, assume any responsibility for any loss or damages incurred as a result of, or in connection with, the use of the Site and/or the Apps and/or the Services and/or the Content and/or the User-Generated Content or any decision made or action taken or not taken in reliance on the Site and/or the Apps and/or the use of the Services and/or the Content and/or the User-Generated Content (including, without limitation, the Care Team Service). 

Empathy does not warrant that (i) the use and operation of the site and/or the apps is or will be secure, timely, accurate, complete, uninterrupted, without errors, or free of viruses, defects, worms, other harmful components or other program limitations, (ii) empathy will correct any errors or defects in the site and/or the apps, (iii) the site and/or the apps will be interoperable or compatible with your device, other software, hardware, or any equipment, and empathy’s representatives are not responsible for any losses suffered resulting from interoperability or compatibility problems. We do not make any representation regarding the use, inability to use or operate, or the results of the use of the Site and/or the Apps and/or Content and/or User-Generated Content available thereon or through the App (including that the results of using the Site and/or the Apps will meet your requirements).

Empathy is not responsible and has no liability for any item or service provided by any person or entity other than empathy.

We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet, such as slow connections, traffic congestion, overload of servers, delays or interruptions) or any telecommunications or internet providers.

You agree that the use of the site and/or the apps and/or the content and/or the User-Generated Content is entirely at your own risk.

Inasmuch as some jurisdictions do not allow the exclusions or limitations set forth herein, the full extent of the above exclusions and limitations may not apply.

20. LIMITATION OF LIABILITY

To the maximum extent legally permissible under laws in your jurisdiction, in no event shall Empathy, including Empathy’s Representatives, be liable for any damages whatsoever, including but not limited to: direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, under any legal theory (including without limitation contract, negligence, tort or strict liability), including without limitation loss of goodwill, profits, or data and business interruption resulting from or arising out of the Site and/or the Apps, the Services, the Content and/or the User-Generated Content, including without limitation: (i) the use or inability to use the Site and/or the Apps and/or the Services and/or the Content and/or the User-Generated Content, (ii) the failure of the Site and/or the Apps to perform as described or expected, (iii) any unauthorized access to, use of or other security intrusions regarding the data processed by us as part of providing the Services, (iv) the performance or failure of Empathy to perform its duties under these Terms (including by breach of warranty, guarantee or condition), and/or (v) any other act or omission of Empathy or Empathy’s Representatives by any other cause whatsoever, regardless of whether Empathy (or Empathy’s Representatives) has been advised of the possibility of such damages.

In any case, without limiting the generality of the foregoing and to the maximum extent legally permissible, Empathy and Empathy’s Representatives’ total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the Site and/or the Apps and/or the Services and/or the Content the User-Generated Content shall be limited to the amount actually paid by you, if any, to Empathy for use of the Site and/or the Apps or us $100.00, whichever is greater. The limitation of liability provisions that apply to any responsibilities of the applicable platform provider are set forth in their applicable usage rules. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us or from Empathy’s Representatives.

Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

Nothing in these Terms will exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by applicable law.

21. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Empathy and Empathy’s affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, attorneys, licensors, suppliers, successors, and assigns  from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorneys’ fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or the Apps and/or the Content and/or the User-Generated Content and/or the Services; (ii) your violation of any of these Terms and any of the Provider Terms; (iii) your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights of such third parties with respect to your use of the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, that you may cause to any third party with relation to the Site and/or the Apps. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

22. TERMINATION OR SUSPENSION

These Terms shall remain in effect until terminated as set out in these Terms. Notwithstanding, if access to the Apps and the Services are offered to you pursuant to an Empathy Services Agreement, your Account shall remain in effect for the term set forth in the Empathy Services Agreement, and if no such term is stipulated in the Empathy Services Agreement, you subscription shall remain in effect for a period of 12 months following its initial activation date.

Important Note Regarding Data Access Upon Account Termination or Expiration:

Upon expiration or termination of your Account, for any reason whatsoever, all data and materials associated with your Account, including without limitation records, communications, and User-Generated Content uploaded to the Apps or otherwise created in connection with your use of the Apps and Services, shall no longer be accessible to you or anyone on your behalf and may be permanently deleted by Empathy. Following your Account’s expiration or termination, you shall not have the ability to access said data and materials.

It is your sole responsibility to download locally all Account data and materials prior to expiration or termination of your Subscription and/or Account. Empathy shall bear no liability of any kind with regard to loss of data or materials following the expiration or termination of your Subscription and/or Account. You hereby release and hold harmless Empathy from any and all claims, damages, or other liabilities in connection with loss of access to data or materials after the Subscription and/or Account termination or expiration.

Your failure to comply with the provisions of these Terms shall terminate your license and these Terms. In the event of your failure to comply with these Terms, Empathy may immediately temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by uninstalling our Apps and stopping your use of the Site, Apps and Services, and this will be your sole remedy in such circumstances. 

Upon termination of these Terms: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Services, delete and destroy all copies of the Apps in your possession or control and so certify to Empathy if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. The Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, Empathy may at any time, at its sole discretion, cease the operation of the Site and/or the Apps and/or Services or any part thereof temporarily or permanently, delete any Content from the Site and/or the Apps, or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein, without giving any prior notice. You agree and acknowledge that Empathy does not assume any responsibility with respect to or in connection with the termination of the Apps and/or the Site’s operation and loss of any data. 

We note that, without limitation, we can suspend or terminate access to your Account if we believe, at our sole discretion, that one (or more) of the following events has occurred: (a) there is a risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Empathy, its Users or the public; (d) there is a basis for termination of your Account; (e) you have breached these Terms or the Provider's Terms (if applicable); and/or (f) we are required to by law. We may provide you with a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, at our sole discretion, that the reason for the suspension of access to your Account has been resolved, we may restore access to your Account.

23. EXPORT AND THE LOCATION OF THE USER 

The Apps may be subject to export control laws of the State of the United States and of Canada, and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States and Canada. The User agrees that he/she will not ship, transfer or export the Apps into any country, or make available or use the Apps in any manner, prohibited by applicable laws. 

In addition, the User represents and warrants that (i) he/she is not located in a country that is subject to a United States or Canadian government embargo, or that has been designated by the United States or Canadian government as a “terrorist-supporting” country; and (ii) that the User is not named on any United States or Canadian government list of prohibited or restricted parties.

24. AGE LIMITS

To use the Apps and/or Site (and the related Services) you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that those under the age of eighteen (18) are not using the Apps and/or Site (and the related Services). In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site and/or the Apps (and the related Services), we will prohibit and block that User from accessing the Apps and/or Site and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

25. DISPUTE RESOLUTION

Please read this section carefully, as it affects your rights.

Arbitration. For Users residing in the United States, the parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms and your use of the Apps and/or the Site and/or Service shall be finally settled by binding arbitration administered by the JAMS Alternative Dispute Resolution (“JAMS”) in accordance with the provisions of its Commercial Arbitration Rules and of its supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be held in the State of New York, or any other location as to which we may then mutually agree. For Users residing in Canada, any disputes shall be resolved in the courts of the User's province of residence, and the laws of such province shall govern these Terms. For Users residing in the United Kingdom, any disputes shall be resolved in the courts of London, and the laws of England and Wales shall govern these Terms.

A party seeking arbitration or legal action must first send to the other, by certified mail, a written notice of dispute. 

Any notice to Empathy should be addressed to The Empathy Project Inc. 56 W 22ND Street, 12TH Floor, New York, NY 100101, U.S.A., Attention: Legal Counsel. Any notice to you shall be sent to your address as set forth in your Empathy account or such other legal address as Empathy is able to identify.

Users residing in the U.S. hereby acknowledge that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver. For Users residing in the United States, you further agree that any arbitration shall be conducted in your individual capacity only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exceptions. For Users residing in the U.S., without first engaging in arbitration or the informal dispute-resolution process described above, either such User or Empathy may assert claims, if they qualify, in small claims court in New York or any United States county where the Parties reside or work. Empathy may bring a lawsuit against Users residing in the U.S. in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or intellectual property infringement.

Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: The Empathy Project Inc., 56 W 22ND Street, 12TH Floor, New York, NY 100101, U.S.A., Attention: Legal Counsel. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Empathy also will not be bound by them. If you opt out, all other parts of these Terms will continue to apply to you.

For all Users: Should you have any dispute, conflict, claim or controversy with the Site, App and/or Services, you must first contact us through email, at the following email address: [email protected].

26. CHANGES TO THE TERMS

Empathy may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, 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 Apps, and/or we will send you an email (to the extent that you provided us with your email address) regarding such change. Such material changes will take effect seven (7) days after such notice is provided on the Site and/or the Apps 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 Apps 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. If you object to any changes to the Terms made under this Section, you may terminate these Terms at any time by uninstalling our Apps and stopping your use of the Site, Apps and Services, and this will be your sole remedy in such circumstances.

27. GENERAL

(a) These Terms constitute the entire terms and conditions between you and Empathy relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Empathy. (b) Any claim relating to the Site and/or the Apps and/or Services or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of New York, U.S., without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Notwithstanding the foregoing, for Users residing in Canada, any such claims will be governed by and interpreted in accordance with the laws of the User’s province of residence, and for Users residing in the UK, any such claims will be governed by and interpreted in accordance with the laws of England and Wales. (c) You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Empathy may seek injunctive relief in any court of competent jurisdiction. (d) These Terms do not, and shall not, be construed to create any relationship, partnership, joint venture, or employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. (e) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. (f) You acknowledge and agree that any cause of action that you may have arising out of or related to the Site and/or the Apps or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. (g) If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. (h) You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent, and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification. (i) No amendment hereof will be binding unless in writing and signed by Empathy. (j) The parties agree that all correspondence relating to these Terms shall be written in the English language, and in the case of Users residing in Canada, in the English and/or French language.

If you have any questions (or comments) concerning these Terms, please send us an email at this address: [email protected]

The Empathy Project Inc. and its affiliates (“Empathy”, “we,” “our” or “us”) respects the privacy of Visitors to our website www.empathy.com (the “Site”) and of Users of our mobile applications and related services. These include our loss-support app and web service (together, the “Loss Support App”), our short-term disability leave app and its accompanying registration website (the “Leave Support App”), our web-based portal, which enables Clients’ representatives, and advisors, to introduce and invite individuals to access Empathy’s services and provides reporting and dashboards to track programs’ performance and utilization (“Empathy Connect”), as well as the services provided by Empathy, and any other subsequent product, process, development, tangible embodiment, or service provided by Empathy (collectively, the “Solutions”). This Privacy Policy describes how Empathy collects, stores, uses and discloses the following categories of personal data as a “Controller” or “Business” to the extent applicable under data protection laws:

(i) Client Data: personal data relating to current and prospective business customers who are insurance carriers, employers, care facilities, health plans, etc. (“Client”) as a part of the delivery of the Solutions or any other service, product or solution described in one or more applicable order forms or commercial agreements with the Client. 

(ii) User Data: personal data relating to individuals who have engaged the Solutions (collectively, “Users”). Such individuals may include those that engage the Loss Support App to support them as they navigate the challenges following the loss of a loved one or those that engage the Leave Support App for the purposes of receiving support in navigating short-term disability leave.

(iii) Loved Ones Data (Loss Support App only): personal data relating to a loved one who has passed and on whose behalf a User has engaged the Loss Support App or an individual who has engaged the Loss Support App for the purposes of pre-planning. 

(iv) Visitors’ Data: personal data relating to visitors of our Site, participants at our events, prospective customers, users or partners (collectively, “Visitors”) who visit or otherwise interact with our Site, online ads and content, emails or communications under our control (collectively with the Loss Support App, the “Services”).

1. Data Collection & Processing

A. Loss Support App

B. Leave Support App

C. Empathy Connect

D. Clients and Visitors

2. Data Uses

3. Data Location 

4. Data Retention

5. Data Disclosure

6. Cookies and Data Collection Technologies

7. Communications

8. Data Security

9. Data Subject Rights

10. Opt-Out of Sale/Sharing/Targeted Advertising

11. Additional Notices and Contact Details

If you are a Client, User, or Visitor, please read this Privacy Policy carefully and make sure that you fully understand it. 

You are not legally required to provide us with any personal data. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (as defined below), please do not provide it to us - avoid interaction with us and our Site and Solutions, and do not use our Services.

We will not use or disclose personal data covered by this Privacy Policy in a manner materially different from what is disclosed in this Privacy Policy. To the extent we process personal data which is considered sensitive personal data under applicable data protection laws, we will not use or disclose such sensitive personal data for a purpose other than the purpose for which it was originally collected or subsequently authorized by you unless we have received your affirmative and explicit consent.

1. Data Collection & Processing

When we use the terms “personal data” or “personal information” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or anonymized information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual. 

Types of personal data collected. We may collect or generate the following types of personal data about individuals through the Services:

A. The Loss Support App

• Usage, login credentials, and device information concerning Users and Loved Ones 

Connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, digital identifiers, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Loss Support App, the data collection technologies installed or utilized on their device (which collect data such as how often Users visit or use the Loss Support App and its various features and which communication brought them to the Loss Support App), and inferred or presumed data on or generated from their use of the Loss Support App.

• Information concerning Users of the Loss Support App

Contact details such as name, email address, and phone number; relationship to a Loved One; address or geolocation; information and photos that Users share when using the App (for example when participating in our Communities feature, as described in our Terms of Use (the “Terms”)); pet details and photo (where pet loss support is used); any expressed, presumed, or identified needs, preferences, attributes, and insights relevant to Users. 

• Information concerning Loved Ones 

Details such as name, email address, phone number, address , country or state of residence, date of birth, date of death, drivers’ license number(s) or national ID number; documentation uploaded through use of the Vault feature, including, but not limited to, personal photos, content of personal communications, and legal, financial, and health documents, which may include, at your discretion, certain sensitive information; additional background including gender, age, religion, marital status, military or veteran status, national origin, professional experience, as well as any expressed, presumed, or identified needs, preferences, attributes, and insights relevant to Loved Ones.

B. The Leave Support App 

• Usage, login credentials, and device information concerning Users

Connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, digital identifiers, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Leave Support App, the data collection technologies installed or utilized on their device (which collect data such as how often Users visit or use the Leave Support App and its various features and which communication brought them to the Leave Support App, including its registration website), and inferred or presumed data on or generated from their use of the Leave Support App.

• Information concerning Users of the Leave Support App 

Contact details such as name, email address, and phone number; geolocation (country/state); profession or industry; leave type; leave dates; health related information such as physical activity level, mobility state, medications, and daily symptoms; information that Users share when using the Leave Support App (for example when using our Chat feature), and any expressed, presumed, or identified needs, preferences, attributes, and insights relevant to Users.

C. Empathy Connect

• Usage, login credentials, and device information concerning Users

Connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, digital identifiers, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to Empathy Connect, the data collection technologies installed or utilized on their device (which collect data such as how often Users visit or use Empathy Connect and its various features and which communication brought them to Empathy Connect), and inferred or presumed data on or generated from their use of Empathy Connect.

• Information concerning Users of Empathy Connect 

Contact details such as name, email address; Advisors’ phone number and office address.

D. Clients and Visitors

• Information concerning our Clients and Visitors

Contact details such as name, email address, phone number; position and workplace; contractual and financial documents and billing details; related business insights; communications (correspondences, sensory information including call and video recordings, and transcriptions and analyses thereof); feedback and testimonials received; as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement.

• Usage, login credentials, and device information concerning Clients and Visitors

Connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, digital identifiers, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilized on their device (which collect data such as how often Visitors visit or use the Site, which pages they visit and when, and which website ad or email message brought them there), and inferred or presumed data on or generated from their use of the Services.

For the purposes of the California Consumer Privacy Act ("CCPA"), in the last 12 months, we have collected the following categories of personal information, as defined in the CCPA: Identifiers; Geolocation data; Customer records information; Characteristics of protected classifications; Commercial information; Internet or other electronic network activity information; Audio, electronic, visual, or similar information; Professional or employment related information; Inferences;  and Sensitive Personal Information (as described above). 

Categories of sources from which personal data is collected. We obtain personal data from the following categories of sources:

• Data collected directly from you. You may voluntarily provide us with your personal data, e.g., when you use  the Solutions through our mobile applications ; engage with us as a Client to provide the Solutions to policyholders or beneficiaries, as relevant; submit a form on our website; submit a registration form for the Solutions; communicate with our dedicated care team (“Care Team”) or other customer or support services; during an event, conference, or webinar you have participated in; register to our mailing list, or communicate with us in any other manner during our engagement with you. You may also provide us with your personal data when you upload, post, generate or publish on our Site or through the Loss Support App, for example through the Vault feature of the Loss Support App. 

• Data collected from third parties. We obtain personal data from third parties, such as our Clients or Service Providers. For example, we may obtain your details from your insurance carrier (our Client) as a part of our commercial engagement with them if you request use of our Services. 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 data that is held by them, all in order to provide you with the Services. We may also obtain personal data from our Service Providers or Vendors e.g., payment processors (for in-app purchases), marketing and sales tools, data enrichment services, our sales and marketing partners, or distributors. 

• Data collected from publicly available sources. To the extent permitted by law, we may obtain personal data from publicly available sources in order to provide you with our Services (such as published obituaries in local newspapers, social media accounts, etc.). 

• Data that is automatically generated. Some personal data is automatically generated when you visit our website and engage its features (such as your online activity, clicks, web-pages visits, etc.) by using Cookies and the data collection technologies described in Section 6 below. We may also collect aggregated or technical data generated when you use our Services, relating to how you use them, so we can learn how Users use our Services and improve them and our Users’ experience.

2. Data Uses

We use personal data for the following business and commercial purposes (and in reliance on the legal bases for processing noted next to them, as appropriate):

Client, User and Loved One personal data

• To facilitate, operate, enhance, and provide our Services, and process new product and service orders (Performance of Contract, to the extent applicable; Legitimate Interests to provide and improve our Services; Consent to the extent required (e.g., if processing of special categories data)));

• To provide assistance and support (including crisis or emergency assistance), moderate community content (where applicable), to test and monitor the Services, or diagnose or fix technology problems (Performance of Contract, to the extent applicable; Legitimate Interests to ensure the ongoing availability of our Services; Consent to the extent required (e.g., if processing of special categories data));

• To personalize our Services, including by recognizing an individual and remembering their information when they return to our Services, personalizing their Communities experience (where applicable) and notifications, and to provide further localization and personalization capabilities (Performance of Contract, to the extent applicable; consent, where required by law, and otherwise our Legitimate Interests to provide a better user experience).

User, Client, and Visitor personal data

• To contact our Clients, Users and Visitors with general or personalized service-related messages, including, to the extent applicable, notifications about Communities activity and responses to your content, as well as promotional messages that may be of specific interest to them (Performance of Contract, to the extent applicable; Legitimate Interests to send service-related messages; Consent to receive marketing messages);

• To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including to provide personalized ads and share data with our authorized service providers to support such activity. (Legitimate Interests to enhance engagement with our Services and promote them; Consent (including by using Cookies) to use and share personal data with specific third-party service providers to provide personalization of ads);

• To facilitate, sponsor and offer certain events, contests and promotions (Legitimate Interests to enhance engagement with our Services);

User, Client, Visitor and Loved One personal data

• To gain a better understanding of how individuals use and interact with our Services (including through online, in-app and personal surveys), which content and data they have processed through our Services, and how we may improve their and others’ user experience and the value they can generate from using the Services, so we can continue improving our products, offerings and the overall performance of our Services (Legitimate Interests to improve the user experience and performance of our Services; Consent to provide survey responses);

• To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal, criminal or prohibited activity (Performance of Contract, to the extent applicable; Legitimate Interests to secure our services; Legal Obligation to implement appropriate security measures);

• To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose (Legitimate Interests to improve and enhance our Services); 

• To enforce our commercial agreements and Communities Guidelines (as the latter is defined in our Terms), to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties (Legitimate Interests to resolve disputes);

• To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards (Performance of Contract, to the extent applicable; Legitimate Interests to maintain and improve our compliance; Legal Obligation, to the extent applicable).

If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to be processed by or via the Services, or due to nature of such processing), your acceptance of our Terms (available at www.empathy.com/legal/terms ) (and/or the terms that govern your use of the Loss Support App) (collectively, the “Terms”) and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed herein. If you wish to revoke such consent, please contact us at [email protected].

3. Data Location and Transfers

We and our authorized Service Providers maintain and store personal data in the United States, and process personal data in the United States, Israel and in other locations as reasonably necessary for the proper delivery and performance of our Services, or as may be required by law.

Since we operate globally and may use service providers worldwide, including in the United States, Israel and other locations as reasonably necessary for the proper performance of our Services, or as may be required by law, we may transfer your personal data outside your country of residence. While outside of your jurisdiction of residence, your personal data will be subject to applicable foreign laws, which may permit government and national security agencies to access your information in certain circumstances. If you have questions about where your Personal Data is located, please email us at [email protected].

While privacy laws may vary between jurisdictions, Empathy is committed to protecting personal data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such personal data is transferred. 

For data transfers from the European Economic Area (EAA), the United Kingdom (UK) and Switzerland, we will transfer your personal data only to such countries approved by the European Commission, the Swiss Federal Council and UK Information Commissioner’s Office (ICO) respectively, as providing adequate level of data protection, or implement appropriate safeguards in accordance with applicable data protection laws (for example, by entering into Standard Contractual Clauses as approved by the relevant data protection authority). Upon request, we can provide further information about the appropriate safeguards used for your data transfers.

The Empathy Project Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce and will be further liable in cases of onward transfers of your personal data to third parties (including our Service Providers). 

The Empathy Project Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) regarding the processing of personal data received from the European Union in reliance on the EU-U.S. DPF, and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.

If there is any conflict between the terms in this policy and the EU-U.S. DPF Principles, the Principles shall govern for personal data transferred under the DPF. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

4. Data Retention

We retain personal data for as long as we deem it as reasonably necessary to maintain and expand our relationship and provide you with our Services and offerings; to comply with our contractual obligations; or to protect ourselves from any potential disputes (i.e., as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy. If your access to the Loss Support App is terminated, we will delete personal data you uploaded (such as personal data you shared in our Communities feature), in accordance with our Terms, though we may retain certain information as required by law.

To determine the appropriate period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements. When personal data is no longer required, we will securely delete or anonymize it in accordance with our data retention policy and applicable laws. 

If you have any questions regarding our data retention practices, please contact us by email at [email protected].

5. Data Disclosure

We disclose personal data in the following ways:

• Service Providers: We engage selected third-party companies and individuals to perform services on our behalf or complementary to our own (“Service Providers”). Such Service Providers may include commercial software providers, hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimization and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial and compliance advisors. Service Providers may have access to personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them. 

• Vendors: Empathy engages with providers of professional services related to our Services, in order to enable them to contact you for the purpose of providing their services. Examples of such services, depending on the Solutions engaged, 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. In such instances, we may share relevant contact details with the respective Vendor. If you directly engage with any such Vendors, please note that any aspect of that engagement which is not directly related to the Services and directed by Empathy is beyond the scope of our Terms and Privacy Policy and may therefore be covered by the Vendor’s terms and privacy policy.

• Sharing Personal Data with our Clients: We may disclose information about our Users' usage of our Services to our Clients, including for the purpose of learning and improving our services. We may also, at the request of the User or Loved One, disclose personal data to Clients in order to facilitate additional support for that User or Loved One. We will not share the contents of any communications nor any documents uploaded to our Vault feature or to our Solutions generally with Clients.

• Communities Feature (Loss Support App only): When you participate in our Communities feature, your profile information, posts, and interactions are visible to other community members. You can control certain privacy settings within Communities, but please be mindful that any information you share in community spaces may be viewed by other users, including through emails sent periodically to Communities members.

• Legal Compliance: We may disclose or allow government and law enforcement officials access to your personal data in response to a legal request, such as a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, with or without notice to you. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interest, including the security or integrity of our products and Services.

• Protecting Rights and Safety: We may share your personal data with others, if we believe in good faith that this will help protect the rights, property or personal safety of Empathy, any of our Visitors, Clients, Users, or any members of the general public.

• Empathy Affiliated Companies: We may share personal data internally with our affiliated companies, for the purposes described in this Privacy Policy. In addition, should Empathy or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your personal data may be shared with the parties involved in such event.

• Additional Sharing: Empathy may share your personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. Additionally, we may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.

For the purposes of the CCPA, in the past 12 months, we may have disclosed: Identifiers; Geolocation data; Customer records information; Characteristics of protected classifications; Commercial information; Internet or other electronic network activity information; Audio, electronic, visual, or similar information; Professional or employment related information; Inferences;  and Sensitive Personal Information to Service Providers and to Empathy Affiliated Companies or for Legal Compliance or to Protect Rights and Safety. We may have disclosed Identifiers, customer records information, and identified needs to Vendors or to Clients. We did so in pursuit of the business and commercial purposes described in Section 2 above. We do not use or disclose sensitive personal information outside of purposes permitted under the CCPA.

6. Cookies and Data Collection Technologies

We and our Service Providers use cookies, beacons, pixels, tags, SDKs, and other similar technologies to enable and improve the Services we provide, to track the performance of our Site, perform analytics and gain insights on the use of our Services and the performance of our activities, and for personalization purposes including personalization of ads if we have obtained your consent. For more information on our cookie and data collection technologies practices, please visit our Cookie Policy.

Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types.

Some cookies are necessary for the Services to function properly, and cannot be declined or disabled unless you delete and block them through your web browser settings. Other cookies, which are used for functional, performance, analytics and marketing purposes, are optional. You may opt-in to or opt-out from the use of optional cookies through the “Your Privacy Choices” feature available on our website, which will open our cookie banner to allow you to change your preference, depending on your location and activity on our Services, as applicable. If you choose to opt-out of certain cookies, this will typically generate a new cookie which will preserve your choice, and indicate it to our Services in your next visits so that the cookies you opted-out of will not be utilized. You can also manage your cookies preferences, and accept, remove or entirely block cookies, through your browser settings. 

Please note that certain web browsers may transmit “Do Not Track” signals to websites with which the browser communicates, telling the website not to follow its online movements. Because of differences in how web browsers interpret this feature and send those signals, and lack of standardization, we currently do not respond to such “Do Not Track” signals.

We also use the web analytics tool Google Analytics. This tool helps us understand users’ behavior on our Services, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of our analytics service provider is available at: www.google.com/policies/privacy/partners. Further information about your option to opt-out of this analytics service is available at: https://tools.google.com/dlpage/gaoptout. 

Please note that if you get a new device, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), or delete and re-install a mobile application, you may also clear any previously set cookie preferences, so re-selecting your preferences will be necessary.

7. Communications

Service Communications: Empathy may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, service maintenance or changes, or password retrieval notices. You will not be able to opt out of receiving such service communications while using our Services, as they are integral to such use.

Notifications and Promotional Communications: We may send you notifications concerning new features, offerings, events, and special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or email), through the Services, or through our marketing campaigns on any other websites or platforms.

If you do not wish to receive such promotional communications, you may notify us at any time by sending an email to [email protected] or by following the "unsubscribe", "stop" or "change email preferences" instructions contained in the promotional communications you receive.

8. Data Security

Empathy and its Service Providers implement systems, applications, and procedures that are appropriate to the sensitivity of the information to secure your personal data, to minimize the risks of theft, damage, loss of information, alteration, or unauthorized access or use of information (including limiting access to personal data to those of our personnel who require access for the purposes described in this Privacy Policy). These measures provide sound industry-standard security. However, please be aware that regardless of any security measures used or implemented, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third parties. 

9. Data Subject Rights

Individuals have rights concerning their personal data. Please contact us by e-mail at: [email protected] if you wish to exercise your privacy rights under any applicable law, including the EU or UK General Data Protection Regulation (GDPR); US State Privacy laws (including the CCPA); or Canadian personal information protection legislation, including the Personal Information Protection and Electronic Documents Act and substantially similar provincial legislation, as amended from time to time. Such rights may include, to the extent applicable, the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with Empathy, or to restrict or object to such personal data’s processing (including limiting use and disclosure and the right to direct us not to sell or share your personal data to third parties now or in the future, or the right to opt-out of processing personal data for the purposes of targeted advertising, as described below), or to port such personal data, the right to the de-indexing of your personal data, or the right to equal services and prices (e.g., freedom from discrimination) (each to the extent available to you under the laws which apply to you). If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or the UK, as applicable. 

To the extent applicable to you, you may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf.  The authorized agent may submit a request to exercise these rights by emailing us.

When you or an authorized agent ask us to exercise any of your rights, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. We may not be able to fulfil your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data. We may then request additional information for legal purposes (e.g., as proof of the identity of the person submitting the request, or proof of request fulfillment). 

We may redact from the data which we will make available to you, any personal data or confidential information related to others or any other data to which an exemption applies under applicable data protection law.

If you are a resident of Virginia, Colorado or Connecticut, or other relevant jurisdictions as applicable, you may also have the right to appeal if we decline to take action regarding your request. We will notify you providing our reasons and instructions for how you can appeal the decision. If you are a Colorado resident, or of any other state where similar rights are applicable. you may also have the right to contact the state’s Attorney General if you have concerns about the result of the appeal.

In compliance with the EU-U.S. DPF and the UK Extension of the EU-U.S. DPF Principles, we commit to resolve complaints about our collection or use of your personal data. EEA and UK individuals with inquiries or complaints regarding our Data Privacy Framework compliance should submit inquiries to [email protected]. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, The Empathy Project Inc. has further committed to cooperate with EU Data Protection Authorities (DPAs) and the UK Information Commissioner Office (UK ICO) to independently address complaints that we have been unable to resolve.

Please note, if your DPF complaint cannot be resolved through the above channels, under certain conditions (as described under the DPF Principles that The Empathy Project Inc. adheres to), you can invoke a binding arbitration by delivering a notice to us via [email protected]. Please also note that The Empathy Project Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

10. Opt-Out of Sale/Sharing/Targeted Advertising

On the Site, under some US and other data protection laws such as the CCPA, our disclosure of certain internet activity and device information to third parties through cookies may be considered a “sale” or “sharing” of personal information or processing for purposes of “targeted advertising” as such terms are defined under US data protection laws. We do so in pursuit of the business and commercial purposes described in Section 2 above. 

In the last 12 months we have "sold" or "shared" Internet or other electronic network activity information, Geolocation data, and Commercial information with our analytics and advertising partners and service providers. Empathy has not knowingly sold or shared the personal information of individuals under the age of 18. 

You may opt out of all cookies that may result in a “sale” and/or “sharing” of your personal information or processing for purposes of targeted advertising in the following ways: 

• by clicking the “Your Privacy Choices” button (available in our website’s footer), which will open our cookie banner, allowing you to change your preference. Please note: If you visit us from a different device or browser, or clear cookies, then you need to re-select your preferences.

• Set the Global Privacy Control (GPC) for each participating browser system that you use to opt out of the use of third-party Advertisement Analytics or other cookies (instructions on how to download and use GPC are available here).

11. Additional Notices and Contact Details

Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. We will make reasonable efforts to post a clear notice on our Services and/or we send you an email (to the extent that you provided us with your email address) regarding the change if we believe any substantial changes are involved. Such changes will take effect four (4) days after the notice is posted on the Services or sent via email, whichever is earlier. After such notice period, all amendments to this Privacy Policy shall be deemed acknowledged by you.

External Links: While our Services may contain links or integrations to other websites, social networks or services, we are not responsible for their privacy practices, and encourage you to pay attention when you leave our Services for the website or services of such third parties, or interact with social network integrations. We recommend you read the privacy policies of each and every website and service you visit. This Privacy Policy only applies to our Services.

Children’s Privacy: Our Services are not intended for use by children under the age of 18. We do not knowingly collect personal data from minors under the age of 18 and do not wish to do so. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].

EU Representative: Empathy has designated Prighter Group as its representative in the European Union, for data protection matters pursuant to Article 27 of the GDPR. Prighter Group may be contacted only on matters related to the processing of personal data. To make such an inquiry, please visit Prighter Compliance Landing Page of The Empathy Project Inc.

UK Representative: Empathy has designated Prighter Group as its representative in the United Kingdom for data protection matters pursuant to Article 27 of the UK GDPR. For all inquiries regarding our UK privacy practices, please visit Prighter Compliance Landing Page of The Empathy Project Inc.

Contacting Us: If you have any comments or questions about this Privacy Policy or if you have any concerns regarding your personal data held with us, please contact our Privacy Officer at [email protected] or by mail to Empathy, 56 W 22nd Street, New York, NY 10010.