Last revised: 02/02/2022
Here you’ll find the fine print about the use of our site, app, and other services. Apologies for all the dense legal jargon, but there are several things we need to explain in detail:
Empathy Project Inc. (and its affiliates) (“Empathy”, “us” or “we”) welcomes you (the “User(s)” or “you”) to our website at: www.empathy.com (and its subdomains) (the “Site”), which offers general information regarding Empathy and its Services, and to our mobile application (the “App”), which provides an online platform for dealing with aspects of loss (the “Services”, as further defined below). Each of the Site’s and the App’s Users may use it in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
Our App (and the related 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. Therefore, you hereby represent and warrant that you are of legal age in your jurisdiction to form a binding contract and that you possess the legal authority and capacity to enter into these Terms, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.
2. The Services
Empathy offers an online platform for dealing with loss, through which you can, among other things, receive guidance on what steps you should take and how to deal with the different tasks that are part of dealing with the loss of a loved one. Choosing to use the Services, you will receive consultation, recommendations, support and tools for performing such steps and receive comprehensive information related thereto (the “Platform”).
In addition, and as part of the Platform, the App provides (i) the option to scan and upload all relevant documents to your personal account (such service shall be referred to as the “Vault”); and (ii) support services through a live-chat or telephone call with Empathy’s representatives (such service shall be referred to as the “Helpline”).
The Site and the App also provide comprehensive information regarding 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 Site and the App, algorithms, source and object code, interface, GUI, interactive features and related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and the App (collectively, the “Content”).
The Site and/or the App may include the sending of push notifications, messages, emails and alerts via various means of communication.
(Collectively: the “Service(s)”)
All rights in and to the Content available on the Site and/or the App are reserved to Empathy. To the extent legally permissible, the Site and/or the App and/or the Content 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 Site and/or the App and/or the Services and/or the Content and/or the User-Generated Content available therein.
The Site and/or The App and/or the Services are provided for informational purposes only and are not intended to constitute professional advice, including without limitation legal, tax, financial or health advice. Your use of the Services (including the Site, the App, the Content and/or the User-Generated Content available therein) and your reliance on any information 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 representatives provide to the Users.
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. We do not warrant the accuracy, completeness, or usefulness of the information provided via our Site, App or Services. We do not represent or warrant that we will maintain backups of any data processed by us as part of providing the Services, and as such, you are solely responsible for backing up such data (which includes any data you upload to the App and your account as part of the Vault service). We are not providing any archive services for storing such data. In addition, you agree that we 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. We do not represent or warrant any information or data you submit to us will remain confidential.
All User-Generated Content is 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.
You hereby acknowledge and agree that you may be charged for internet, maintenance of network connection and data usage charges made through use of the Site and/or the App, according with the applicable rates charged by your respective third-party internet and data usage service provider as may be from time to time.
3. Consent to receive promotional text messages and calls from Empathy
a. Consent. If you consent to receive promotional text messages and calls (using artificial or prerecorded voice, live operator, and/or autodialed) from Empathy, these messages will be sent to the telephone number provided during the time of your opt-in. Text message frequency varies based on your use of the Services and interaction with Empathy. Message and data rates may apply. You agree that Empathy and any third-party provider of text messaging services are not liable to you for violations of the Telephone Consumer Protection Act of 1991, or any related rules, regulations, or FCC Orders.
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, reply to any text message from us with the word “HELP” or email us at firstname.lastname@example.org. You may receive an additional mobile message confirming your decision to opt out. To opt-out of future calls, ask the prerecorded message or live agent 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.
c. Update Mobile Telephone Number. You agree to provide Empathy with a valid mobile number. You agree to promptly update your mobile telephone number upon any change or deactivation of your telephone number and to opt-out of receiving text message communications using your previous phone number before changing your telephone number applicable to the services. To the extent permitted by applicable law, you agree that Empathy will 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 service.
4. Registration and User Account
In order to use the App, you must download the App from the applicable mobile application marketplace.
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 us 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 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 he/she has 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 App or send us an email of your request to: Help@empathy.com. 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.
Canceling your account may cause the loss of certain information you provided to us (including documents you uploaded as part of your use of the Vault service) and/or the capacity of your account. You agree that Empathy is not liable for any loss of data due to the termination or cancelation 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.
The use of our Site is currently offered free of charge, while our App (and the related Services) is provided solely to Users who have signed up for an Account subscription, which may be subject to fees (after any free trial period). The payment for use of our App will be covered by either the Users themselves or by Empathy’s Partners (e.g., your employer). The following payment terms shall apply while you subscribe to the Account:
The payment is made via the App. We may (but are not obligated to) provide a free trial subscription or other benefits from time to time, at our sole discretion.
The subscription is billed after the trial period ends. To the extent applicable, if you do not provide your credit card or other payment information before the expiration of any free trial period, access to your Account will be limited (at our’s sole discretion) until payment information and charge authorization are provided. Thereafter, your Account access will update automatically. You will receive a receipt upon the payment received.
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.
We reserve the right to charge fees for certain features or services available via our Site and/or App in the future and to modify the fees and prices for our Services at any time, at our discretion. Such pricing modifications will not affect your already paid subscription. We will notify you in advance, by placing a notice on our Site and/or App, before any charges or fees relating to such use come into effect.
6. Use Restrictions
There are certain activities and kinds of conduct that are strictly prohibited when using the 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 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 Site and/or the App and/or the Content and/or the User-Generated Content 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 Site and/or the App and/or the Content and/or the User-Generated Content 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 Site or App or remove or disassociate, from the Content and/or the Site and/or the App 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 represent and warrant that you will abide 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 Site and/or the App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or the App or the servers or networks that host the Site and/or the App, 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 Site and/or the App or the server on which the Site or App is stored, or any server, computer, or database connected to the Site or the App; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Empathy on or through the Site and/or the App, 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 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 Site and/or the App and/or the Content and/or the User-Generated Content; (n) frame or mirror any part of the Site and/or the App 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 Site and/or the App; (p) transmit or otherwise make available in connection with the Site and/or the App 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 Site and/or the App 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 Site, the App, and/or the Services, or which, as determined by us, may harm us or users of the Site, App and/or Services or expose them to liability.
8. User-Generated Content
The App may allow you to upload, post, publish and make available through it your own copyrightable materials such as images, literary works, text material and any other proprietary materials (the “User-Generated Content”). Please be sure that while you use the App you respect the proprietary rights, including any intellectual property and privacy rights, of third parties who have any rights with respect to the User-Generated Content you uploaded to the App. You agree that Empathy will not bear any liability 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.
As long as the User-Generated Content is subject to the applicable copyright law, such User-Generated Content shall remain, at all times and to the extent permitted by law, the sole and exclusive property of the User.
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 represent and warrant that 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.
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 in the country in which you reside, or that would be unlawful for Empathy to use or possess in connection with the Site and/or the App (including but not limited to any content that is defamatory, libelous, pornographic, indecent, harassing, threatening, discriminatory, abusive or fraudulent).
Although Empathy has no obligation to screen, edit or monitor any of the User-Generated Content, 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.
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, and each of their and our respective licensees, successors, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license to use, reproduce, distribute, transmit, create derivative works of, display, copy and perform that User-Generated Content, along with the name that you submit in connection with such User-Generated Content, in connection with the Site and/or the App and/or the Services, whether through the internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; Empathy may publish and use any User-Generated Content without the User’s prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User-Generated Content to any third party. Empathy shall not bear any liability for any use by any third party of the User-Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User-Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any 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 Site and/or the App.
9. 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 Site and/or the App (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:
163 W 23RD ST, 4TH FLOOR
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.
10. Intellectual Property Rights
Subject to the terms hereof, Empathy hereby grants to you, and you accept, a 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 the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the Services and the Content provided on the Site and/or the App in accordance with the terms contained in this Agreement.
The Site and/or the App and 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 the Terms. Nothing in the 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 App and/or the Services (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 warrant 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 Site and/or the App under these Terms.
11. 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 the App 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.
12. Linking to the Empathy Site and Links to Third-Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site, so long as the link does not state or imply any connection or approval of your website, products and/or services by Empathy and does not portray Empathy in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Empathy Site, you represent that your site does not contain content that is unlawful or offensive or that infringes third-party rights. However, we do not permit framing or inline linking.
13. Usage Rules
Since 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.
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.
Empathy and 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.
14. Social Media Features
The Services may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Google+ and email, etc.) (the “Social Features”).
15. Special provisions relating to Third-Party Components
The Site and/or 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 Site and/or 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 Site and/or 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 Site and/or the App or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
The Services’ availability and functionality depends on various factors, such as communication networks. Empathy does not warrant or guarantee that the 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.
17. Changes to the Site and/or the App
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 App (or any part thereof, 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 App 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 liable to you or to any third party for any modification, suspension, or discontinuance of the Site and/or the App or the Content included therein. 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 App (“Updates“) according to its then-current policies, it may include automatic updating or upgrading of the App 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 App shall include such Updates. For clarity, Empathy has no obligation to provide Updates.
18. Disclaimer of Warranties
To the fullest extent legally permissible, the Site and/or the App 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 App and/or the Services, 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 App and/or the Services 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. 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 App and/or the Services or any decision made or action taken or not taken in reliance on the Site and/or the App and/or the use of the Services (including, without limitation, the Helpline service). Empathy does not guarantee that any of the User’s needs will be fulfilled.
All User-Generated Content, including, but not limited to, descriptions, deals and commodities offered via the App, is supplied to Empathy by the relevant User, is not verified by Empathy and does not bind Empathy in any form. In any case where such User-Generated Content contradicts or is inconsistent with information provided to you by another User of the App directly, only information supplied by such User directly shall prevail.
We do not warrant that (I) the use and operation of the Site and/or the App 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 App, (iii) the Site and/or the App 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 App 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 App will meet your requirements).
Empathy and Empathy’s representatives disclaim all warranties and conditions with regard to the use of the Site and/or the App, including but not limited to the availability, reliability or quality of the Site and/or the App, and are not and shall not be responsible for any error, fault or mistake related to any Content or information displayed within the Site and/or the App.
We are not responsible and have 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 App 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.
19. Limitation of Liability
To the maximum extent legally permissible, 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 (i) the use or inability to use the Site and/or the App and/or the Services and/or the Content, (ii) the failure of the Site and/or the App 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 App and/or the Services or the Content shall be limited to the amount actually paid by you, if any, to Empathy for use of the Site and/or the App 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.
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 App and/or the Content and/or the User-Generated Content and/or the Services; (ii) your violation of any of these 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 App. 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.
21. Termination or Suspension
These Terms shall remain in effect until terminated as set forth herein.
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 App and stopping your use thereof, 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 App 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. Without limiting the generality of the forgoing, 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 Services or any part thereof temporarily or permanently, delete any information from the Site and/or the App, 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 Site’s and/or the App’s operation and loss of any data.
We note that we can suspend 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 violated these Terms; and/or (f) we are required to by law. We may provide you 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 will restore access to your Account.
22. Export and the Location of the User
The App may be subject to export control laws of the State of Israel 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. The User agrees that he/she will not ship, transfer or export the App into any country, or make available or use the App 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 U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting“ country; and (ii) that the User is not named on any U.S. Government list of prohibited or restricted parties.
24. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Any notice to Empathy should be addressed to The Empathy Project, Inc. 163 W 23RD ST, 4TH FLOOR, NEW YORK, NY 10011, Attention: General 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.
The parties understand 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. The parties further agree that any arbitration shall be conducted in their individual capacities 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. Without first engaging in arbitration or the informal dispute-resolution process described above, either you or Empathy may assert claims, if they qualify, in small claims court in New York or any United States county where you live or work; and Empathy may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or intellectual property infringement.
25. 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 App, 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 App or sent via email, whichever is earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date, and your continued use of the Site and/or the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
(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 App or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of Israel 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. (c) Any dispute arising out of or related to the Site and/or the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv District, Israel. 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 App 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.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, send us an email at this address.
1. Your Consent (PLEASE READ CAREFULLY!)
For avoidance of doubt, you hereby consent to the collection, processing, transfer and use of your personal information. You also acknowledge and confirm that you are not required to provide us with your personal information and that such information is voluntarily provided to us.
2. What information may we collect from our Users?
We may collect two types of data and information from our Users:
2.1. Non-identifiable and anonymous information (“Non-Personal Information”). We are not aware of the identity of the User from whom we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information that does not enable identification of an individual User, and that is available to us while such User is entering and/or using the Site and/or the App and/or the Services. You may access and browse our Services without disclosing personal information, although, like most websites and online services, we passively collect certain Non-Personal Information from your devices when you access and browse our Services, including: (i) technical information such as the type and version of your device and its operating system, the type of browser, screen resolution, device browser and keyboard language, wifi connectivity and the type and name of your device and/or browser, etc.; and (ii) behavioral information that may include the User’s click-stream and tap-stream on the Site and the App, the activities of the User on the Site and the App, and additional information of a similar nature (collectively, “Technical and Behavioral Information”). We may also use third-party service providers such as Google Analytics to obtain detailed analytics on the device and the User’s behavior on the Site and the App.
Please note that we or our third-party service providers will collect such Technical and Behavioral Information by using certain technologies such as Cookies (as further detailed below).
2.2. Personally identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.
Personal Information is collected as part of the User’s communications with Empathy:
Personal Information is collected from the details you provide us, consciously and voluntarily, while starting to use our Services (e.g., before starting the Account registration process). You will be asked to answer several preliminary questions, which may include your full name and that of your loved one who has passed, your email address, your loved one’s state of residence and date of death, your relationship to your loved one, information regarding their preferences, etc. Additional information may be required from time to time in order to complete the registration process.
Personal Information is collected from the details you provide us, consciously and voluntarily, as part of any communications with us, by any means, including while contacting us via our phone number, our email address, through our social media pages, by using our Helpline service or by approaching our customer and support services, including, inter alia, your and your loved one’s full names, your telephone number, your loved one’s state of residence and date of death, and your relationship with your loved one. To the extent necessary, for the provision of the services, you may optionally provide additional Personal Information to our representatives, including, inter alia, financial statements. Once your contact details are received by us, our representative may contact you for further communication and as such may collect additional Personal Information from you.
Personal Information may be (i) included in the User-Generated Content you may upload, post, generate or publish on the Site and/or on the App, and (ii) uploaded by you while using the Vault service, such as personal photos and legal and financial documents.
We collect your email address when you register to our mailing lists.
Please note: If the Personal Information you provide to us includes information about others, you represent and warrant that you are legally authorized to disclose such information to us and you are fully and solely responsible for providing all necessary information notices to affected data subjects and for obtaining the required consents under applicable law from these data subjects for the use, processing, sub-processing and storing of their information in accordance with these Terms.
b. Personal Information is collected from other sources: We may also obtain Personal Information from third parties service providers and/or partners in order to communicate and offer you our Services (“Empathy’s Partners”) and from publicly available sources in order to provide you with our Services (such as published obituaries in local newspapers, social media accounts, etc.). In addition, upon your request and to the extent that you provide us with applicable power of attorney and/or consent (as the case may be) we may also approach third parties (such as government agencies) on your behalf and collect Personal Information that is held by them, all in order to provide you with the Services.
c. Personal Information is also collected via technology:
Geolocation data: While you use the Site and/or the App, we may access, collect, process, monitor and/or remotely store “geolocation data,” including through the collection of IP addresses and other similar information to determine your location for analytics and security purposes.
Technical and Behavioral Information: To the extent that the Technical and Behavioral Information detailed above under Section 2.1 is linked to or associated with a specific individual, then such information will be considered as Personal Information.
Identifiers: We process certain online identifiers, such as your Internet Protocol (IP) address, your Unique Device Identifier (UDID) or other unique identifiers for geolocation, targeted advertising and security purposes. In addition, when using the Site and/or the App, our authorized third-party service providers may collect your advertising identifiers, as further detailed below.
3. How do we collect information on our Users?
There are a few methods that we use:
We collect information through your entry to and use of the Site and/or the App and/or your use of our other Services, including interactions with our social media pages. In other words, when you are using our Site and/or our App and/or our Services, we are aware of it and may gather, collect and store information related to such usage (such as the Non-Personal Information detailed above, and your IP address), either independently or through the help of our authorized third-party service providers, as detailed below.
We collect information that you decide to provide us voluntarily. For example, we collect Personal Information when you register for a User Account and when you contact us via our email address or via our Helpline service.
We may collect information from third parties. Such information may include publicly available obituaries published in local newspapers, social media accounts, search engines or similar platforms, and contact details provided by Empathy’s Partners.
We may gather, collect and store such information either independently or through the help of our authorized third-party service providers, as detailed below.
4. Why do we collect this information?
4.1. Non-Personal Information is collected in order to:
Use it for statistical, analytical and research purposes and for customization, development and improvement of the Site and/or App and/or our Services.
Enhance the User’s experience while using the Services.
Keep the Site and/or the App safe and secure and to help prevent fraud.
4.2. Personal Information is processed by us in order to:
Enable the provision of our Services.
Respond to your inquiries, requests, comments and suggestions.
Provide support and technical assistance.
Send you updates, notices, announcements, and additional information related to Empathy, including regarding changes made to our Terms and updated information regarding our Services, by email, SMS or phone, through App notifications or through the post.
Conduct online surveys to better understand your needs and how we can modernize, innovate and improve our Services.
Conduct internal operations, including for troubleshooting, data analysis, testing, research and statistical purposes.
Comply with our legal obligations, and in order to be able to protect our rights and legitimate interests, including improving our services.
Maintain our data-processing records and for general administrative purposes.
We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your acceptance of the Terms.
5. Sharing Information with Third Parties
Empathy respects its Users’ privacy and will not disclose, share, rent or sell their Personal Information to any third party, other than as permitted under these Terms.
In addition to using the information collected by us for the purposes described above, we may also share your Personal Information in the following cases:
Empathy’s Personnel: Personal Information that we collect and process may be transferred to or accessed by Empathy’s personnel for the sole purposes of enabling the provision of our Services and to contact you. Please note that all of Empathy’s personnel who will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.
Service Providers: We may share Personal Information with commercial software providers, consultants and data processors that perform services on our behalf, including, without limitation, companies that provide analysis, messaging services and hosting services, and with respect to the users referred to us by Empathy’s Partners, also periodic reports about their usage of our Services, for purposes of learning and improving our services granted to partners.
Vendors: At your request, we may transfer Personal Information to third-party service providers, spanning both private and public organizations, in order to enable them to contact you for the purpose of providing their services. Examples of such services may be assistance with memorial arrangements (including planning a funeral), arranging for house cleaning, handling your loved one’s personal belongings, finding an estate attorney, etc. We do not have any control over, and will not be liable for, the manner in which such service providers will process this information. For any inquiries regarding the privacy practices used by such third parties to process Personal Information, please contact them directly.
In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce these terms, and to defend against any claims or demands asserted against us; (c) to detect, prevent or otherwise address fraud, security or technical issues; (d) to protect the rights, property, or personal safety of Empathy, its Users or the general public; and (e) when Empathy is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Empathy.
For avoidance of doubt, Empathy may use Non-Personal Information and transfer and disclose it to third parties at its discretion.
6. Data subjects’ rights
To exercise any rights you may have under applicable privacy laws (such as the right to access, the right to rectification and the right to delete) please contact us by sending an email to email@example.com with sufficient details, and we will respond within a reasonable time frame, but in any event no later than as required by applicable law. We confirm that we do not sell your Personal Information.
Aggregated and/or anonymous information derived from your use of the Services may remain on our servers indefinitely.
7. Location of your data
Our Services are not intended for children under 18 years of age. No one under age 18 may provide any personal information to us. We do not knowingly collect personal information from children under the age of 18. If you are under 18 years of age, do not use or provide any information to us. 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 firstname.lastname@example.org.
We take reasonable measures to maintain the security and integrity of your Personal Information and prevent unauthorized access to your Personal Information or use thereof through generally accepted industry-standard technologies and internal procedures. Your Personal Information is hosted on third parties’ servers, which provide advanced strict security standards (both physical and logical). In the event of any breach of the security, confidentiality, or integrity of your Personal Information, we will inform you of this breach as required by applicable law. Please note, however, that there are inherent risks in the transmission of information over the internet or other methods of electronic storage, and we cannot guarantee confidentiality of your Personal Information or that unauthorized access or use of your Personal Information will never occur. Empathy shall not be responsible or liable for unauthorized access, hacking, or other security intrusions or failure to store, or the theft, deletion, corruption, destruction, damage or loss of any data or information. Any transmission of Personal Information is at your own risk.
10. Third-party service providers
In order to provide our Services, we may use third-party service providers, which may collect, store and/or process the information detailed herein. Such third-party service providers may include without limitation the following categories of service providers:
When you access or use the Site and/or the App, we and/or our third-party service providers may use common industrywide technologies such as cookies, web beacons, pixels, clear GIFs and other similar tools (or other similar technologies) (collectively, “Cookies”), which may enable us, among other things, to distinguish your device from those of other Users of the Site and/or the App, to improve the Site’s and the App’s performance, to deliver a better and more personalized service according to our Users’ individual interests and the device or browser they use, to track Users’ use of the Site and/or the App, to gather information about Users’ approximate geographic location (e.g. city), to prevent fraud and/or abuse, to estimate our audience size and usage pattern and to perform other analytics, and to develop our Site and/or our App.
Most devices and browsers will allow you to erase Cookies from your device’s hard drive, block acceptance of Cookies, or receive a warning before a Cookie is stored on your device. However, if you block or erase Cookies, your experience of the Site and/or the App may be limited.
For detailed instructions regarding the blocking of Cookies, please refer to your browser’s ‘Help,’ ‘Tools’ or ‘Edit’ options, or see www.allaboutcookies.org/manage-cookies/.
It is possible to opt out of having your browsing activity within the Site and/or the App recorded by performance cookies. Please note that we use Google Analytics as our service provider in order to track Users’ activity on the Site and/or the App, including through the use of its services’ persistent cookies. Google provides a browser add-on that allows users to opt out of Google Analytics across all websites, which can be downloaded here: tools.google.com/dlpage/gaoptout.
You can opt out of receiving interest-based advertising on your device by visiting the following sites: www.aboutads.info/choices/, www.networkadvertising.org/choices/ and preferences-mgr.truste.com/. If you wish to opt out of receiving interest-based advertising on your mobile device, please see the advertising preferences information on support.apple.com/ for iOS devices or support.google.com/ for Android devices.
12. Platform providers
13. Links to third-party websites
14. Direct marketing
You hereby agree that we may use the contact details you provided to us (including, without limitation, email address and phone number) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future products and services. You may withdraw your consent by sending a written notice the following email address: email@example.com. Alternatively you may follow the instructions for removing yourself from the mailing list, which are available in the messages you receive.
15. Data retention & modification
Your data is yours. In the event that you wish to modify or delete the Personal Information you provided to us via the Services, you can do it independently using the Account settings, or you can send us an email with your request to firstname.lastname@example.org and we will modify or delete your Personal Information pursuant to any applicable privacy laws. Note that unless otherwise explicitly specified herein and/or unless you instruct us otherwise, we may retain your Personal Information for as long as reasonably required to fulfill the purposes that the Personal Information was collected for, all as permitted under any applicable privacy laws. Aggregated and/or anonymous information derived from your use of our Services may remain on our servers indefinitely.
17. YOUR CALIFORNIA PRIVACY RIGHTS
Overview of Consumer Rights Under the CCPA
Under the CCPA, California consumers have certain rights regarding their Personal Information, including:
The right to know the categories of Personal Information that we have collected and the categories of sources from which we obtained such information.
The right to know our business purposes for sharing Personal Information.
The right to know the categories of third parties with whom we shared Personal Information.
The right to access the specific pieces of Personal Information that we have collected and the right to delete your personal information.
The right to not be discriminated against if a California consumer exercise their rights under the CCPA.
The provisions below of this California Notice provide further details about these rights and how you may exercise them.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer, household or device (collectively, "Personal Information"). Personal information does not include:
Publicly available information from government records.
De-identified or aggregated California consumer information.
Information excluded from the CCPA’s scope, including:
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
Personal information covered by certain other laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We have collected the following categories of Personal Information from California consumers within the last twelve (12) months:
An individual’s name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number or other similar identifiers
Personal information categories described in Cal. Civ. Code § 1798.80(e)
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other similar network activity
Browsing history, search history, information on a California consumer's interaction with our website, application, or advertisement and any social media sites from which user information is linked, connected or obtained
Inferences drawn from other personal information
Examples include a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes
Sources of Personal Information
In addition to sources of Personal Information addressed elsewhere in this policy, we obtain the categories of Personal Information listed above from the following categories of sources:
Directly From You. For example, from forms you complete or products and services you purchase or from communications with you such as when you contact us (whether in person, by mail, by phone, online, via electronic communication or by other means) including our Helpline.
Indirectly From You. For example, from observing your actions on our Site, the App or from products or services that you have purchased from us, if you have enabled such functionality, such as telemetry services.
From third party service providers. For example, if you choose to make an electronic payment directly to us, or through a linked website or mobile application, or through an affiliate of ours, we may receive Personal Information about you from third parties such as payment services providers, for the purposes of that payment.
From affiliates. We may collect Personal Information about you from our affiliates or others acting on their behalf.
From Public Sources. For example, we may collect information from public records.
Uses of Personal Information
In addition to uses of Personal Information addressed elsewhere in this policy, we may use or disclose the Personal Information we collect for one or more of the following business purposes:
To fulfill the reason that you provided the information. For example, if you share your name and contact information to request a price quote, request to be contacted by an affiliate, or ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we may use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product or service orders or to process returns.
To perform services such as customer service, order fulfillment, payment processing, financing and advertising, marketing or analytic services.
To advance our commercial or economic interests, such as by helping you to buy, rent, lease, join, subscribe to, provide, or exchange products, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
To verify or maintain quality or safety standards or improve or upgrade a product or service provided or controlled by or for us.
To provide, support, personalize and develop our Site, App, products and services such as to perform warranty related services or other post-sale activities such as product or service monitoring or repairs.
To create, maintain, customize and secure your Account with us.
To process your requests, purchases, transactions and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Site and App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site or App, third-party sites and via mail, email or text message (with your consent, where required by law).
To help maintain the safety, security and integrity of our Site, our App, products and services, databases and other assets and business.
For testing, research and analysis purposes, including to develop and improve our Site, App, and products and services.
To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
As described to you when collecting your Personal Information or as otherwise set forth in the CCPA or applicable law.
To send you information relevant to your past purchases and interests, subject to compliance with applicable laws regarding direct marketing.
To otherwise use as reasonably necessary and proportionate to achieve our operational or notified purpose for collecting Personal Information and as compatible with the context in which we collected the information.
To perform services on behalf of a CCPA-covered business or its service provider, such as customer service, order fulfillment, payment processing, financing and advertising, marketing, or analytic services.
To review and audit our business interactions with you.
To detect or prevent security incidents or other illegal activity.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site, the App, users, including California consumers, is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Personal Information categories described in Cal. Civ. Code § 1798.80(e)
Internet or other similar network activity
Inferences drawn from other Personal Information
The categories of third parties to which we may disclose Personal Information collected by us include the following:
Affiliates and subsidiaries
Vendors and other third parties that assist us in providing our Services
Recipients of data from cookies
Sales of Personal Information
We do not sell Personal Information to third parties.
Exercising Your CCPA Rights and Choices
The sections below describe how you may exercise your rights under the CCPA.
Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability and Deletion Rights” below), we will disclose to you:
The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Our business or commercial purpose for collecting that Personal Information.
The categories of third parties with whom we share that Personal Information.
The specific pieces of Personal Information we collected about you (also called a data portability request).
If we disclosed your Personal Information for a business purpose, a list disclosing:
The Personal Information categories that each category of recipient obtained.
As allowed by the CCPA, we do not provide these access and data portability rights (i) for business-to-business Personal Information or (ii), if applicable, as to Personal Information collected from any of our California-based employees, job applicants or contractors, if any, when provided or collected in such employee, job applicant or contractor capacities.
Deletion Request Rights. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability and Deletion Rights” below), we will delete (and direct our service providers to delete) your Personal Information from our (and service provider) records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products or services to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another California consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with California consumer expectations based on your relationship with us, such as future field campaigns or product safety issues.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
As allowed by the CCPA, we do not provide these deletion rights (i) for business-to-business Personal Information or (ii) if applicable, as to Personal Information collected from any of our California-based employees, job applicants or contractors, if any, when provided or collected in such employee, job applicant or contractor capacities.
Exercising Access, Data Portability and Deletion Rights. To exercise the access, data portability and deletion rights described above, you should submit a verifiable consumer request to us by one of the following methods:
Emailing us at email@example.com
By postal mail at: 163 W 23rd Street, New York, NY 10011
Accessing your online account that you maintain with us.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of a minor child for whom you are a parent or legal guardian.
You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative, which may include:
Additional information depending upon the type of request and the sensitivity of the information involved with such request
Describe your request with sufficient detail to enable us to properly understand, evaluate and respond to such request.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or your authority to make the request and confirm that the Personal Information involved with the request relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we will consider requests made through a password-protected online account that you maintain with us to be sufficiently verified when the request relates to Personal Information associated with that online account, provided such online account functionality is then made available by us on the Website.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an online account with us, we may deliver our written response to that online account, provided that such online account functionality is then made available by us on the Website. If you do not have an online account with us, or such functionality is not available for your online account we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the twelve (12) month period immediately preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA or other applicable law, we will not as a result of you exercising any of your rights under the CCPA:
Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of goods or services; or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy-Related Disclosures
Sharing Personal Information for Direct Marketing Purposes. Before sharing Personal Information of California consumers with third parties for direct marketing purposes we will obtain opt-in consent from the applicable California consumers or provide such California consumers with a cost-free method to opt out.
California Do-Not-Track Disclosure. At this time, the Website is not set up to honor web browser do-not-track settings. Do-not-track is a privacy preference that users can set in their web browsers. When a user activates the do-not-track settings in browsers that offer this setting, the browser sends a message to websites or applications requesting them not to track the user. For more information about do-not-track matters, please visit www.allaboutdnt.org.
Information on Marketing Disclosures. California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at: firstname.lastname@example.org
If you have any complaint about use of the Site or App, you may contact us by email at email@example.com, or by postal mail at 163 W 23rd Street, New York, NY 10011. In accordance with California Civil Code Section 1789.3, California residents may also file complaints with the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs by postal mail at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at 800-952-5210.
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