Memories and FutureMe Privacy Policy

This Privacy Policy explains how Memories Labs, Inc. collects, stores, uses, discloses, protects, handles and otherwise processes personal information in connection with the websites, services and products made available under the Memories and FutureMe brands.

We work within and uphold applicable privacy laws. This Privacy Policy should be read together with the terms of service applicable to the relevant Website.

1. Background

This Privacy Policy applies to personal information collected in connection with:

memories.net and memories.com.au;
futureme.com and futureme.org;
related apps, integrations and support channels;
the Memories memorial, livestreaming, tribute, guestbook and retail product services; and
the FutureMe account, letters-to-the-future, public letters, memberships and site-sharing services.

2. Definitions

Unless expressly provided otherwise, terms used in this Privacy Policy have the meaning given in the applicable Terms of Service.

“Applicable Jurisdiction” means the jurisdiction that applies to or governs the provision of the relevant Services to the relevant User.
“Applicable Privacy Laws” means all privacy, data protection, direct marketing and related laws that apply to us or the relevant processing activity, including:
- if the Applicable Jurisdiction is a State or Territory of Australia, the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
- if the Applicable Jurisdiction is the United Kingdom, the Data Protection Act 2018 (UK) and UK GDPR;
- if the Applicable Jurisdiction is a Member State of the European Union, the General Data Protection Regulation (EU) 2016/679; and
- if the Applicable Jurisdiction is a U.S. state or territory, the privacy laws of that state or territory and other applicable U.S. privacy or data protection laws.
“Cookie Information” means the information described in section 4 of this Privacy Policy.
“Guest User” means a User other than an Administrator or Site Administrator, and includes a person invited to access a Site.
“Letter” means the Content that a User sends through FutureMe to be delivered at a later date.
“Live Stream” means the digital broadcasting service provided by us.
“Memorial” means the digital memorial product that allows Users to upload and store Content for a Subject hosted on a Website.
“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not, and includes comparable concepts such as “personal data” under the GDPR and UK GDPR.
“Privacy Policy” means this Privacy Policy, as amended from time to time.
“Public Letter” means the anonymous Content posted to the public area of a FutureMe Website for later display.
“Relevant Authority” means the regulator, commissioner or government agency responsible for administering the Applicable Privacy Laws in the Applicable Jurisdiction.
“Retail Product” means a virtual or physical product that is available to purchase on a Website from time to time.
“Sensitive Information” means Personal Information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, a person's sex life or sexual orientation, criminal record information, or any comparable sensitive category under Applicable Privacy Laws.
“Service” means each service provided by us on a Website or by other means, including memorial services, guestbooks, live streams, video tributes, accounts, Letters, Public Letters, memberships, Sites and related products or services.
“Site” means the customisable and shareable FutureMe page created by a Site Administrator.
“Site Administrator” means a User that holds a paid FutureMe site-sharing membership and has created a Site.
“Subject” means a person or pet for whom a Memorial is created.
“Terms” means the terms of service applicable to the relevant Website, as amended from time to time.
“User” means a user of a Website, Service or Retail Product.
“Website” means each of memories.net, memories.com.au, futureme.com and futureme.org, together with related or successor websites, services or apps operated by us from time to time.
“we”, “us” and “our” mean Memories Labs, Inc.

3. Collection and Storage of Personal Information

3.1 Types of Personal Information

We may collect Personal Information about individuals. Depending on the relevant Website, Service or interaction, this Personal Information may include:

names;
gender or title;
contact details, including email address, telephone number, postal address and other contact details;
date of birth;
usernames and passwords;
photos, videos, sound recordings and written material;
payment and billing information, including billing address and limited transaction details;
bank account details where needed for refunds or payouts;
date of death or related memorial information;
the contents of Letters, Public Letters, guestbook entries, memorial contributions and other Content that you choose to submit;
technical and device information, including Cookie Information, city-level location, device model and operating system version; and
Sensitive Information that you choose to submit to us.

We collect and process Personal Information to provide, administer, improve, secure and personalise our Services, to perform contracts with you, to comply with legal obligations, for our legitimate interests where permitted, and otherwise with your consent where consent is required.

3.2 Restrictions

If some or all of your Personal Information is not collected, we may not be able to provide you with the relevant Service, personalise the Service for you, complete a transaction, or provide other goods and services to you.

You must be at least 16 years of age to use our Websites and Services. We do not knowingly collect or process the Personal Information of individuals under the age of 16. If you suspect that a person under 16 has provided Personal Information to us, please notify us via support@memories.net and we will take steps to delete that information.

3.3 Sensitive Information

The Personal Information collected by us may include Sensitive Information.

We will only collect and use Sensitive Information where permitted under Applicable Privacy Laws, including where:

you have given your explicit consent;
the processing is necessary in the field of employment, social security or social protection law;
the processing is necessary for the establishment, exercise or defence of legal claims; or
another lawful basis applies under the Applicable Privacy Laws.

3.4 How we collect your Personal Information

We collect Personal Information by lawful and fair means and not in an unreasonably intrusive manner.

When you provide us with your Personal Information, you consent to our use, disclosure and handling of your Personal Information in accordance with this Privacy Policy to the extent consent is the relevant legal basis.

If you provide us with another individual's Personal Information, including when placing an order for someone else to receive a Retail Product or when uploading Content about another person, you must obtain that individual's consent before providing us with their Personal Information and, by doing so, you warrant that you have obtained all necessary consents.

Collecting information from you

If it is reasonable and practicable to do so, we will collect Personal Information directly from you.

Depending on how you choose to interact with us, we may collect your Personal Information when:

you sign up to become an Administrator, Site Administrator, Guest User or account holder;
you create or update an Account on a Website;
you create a Memorial, Site, Letter or Public Letter;
you post Content about yourself or a living third party on a Website;
you send Content about yourself or a living third party to yourself or to a third party using a Website;
you purchase a Subscription Plan, Premium Membership, Retail Product or other paid Service;
you contact us, or are contacted by us or our service providers, by telephone, email, a Website, a social media platform or another communications channel;
you submit a support request, feedback, inquiry, survey response or complaint;
you sign up to an email marketing list;
you interact with our social media services;
we meet with an organization wishing to do business with us and an individual from that organization provides their details;
you enter into a transaction with us using a credit card or another non-cash payment method;
you enter a competition being run by us; or
we evaluate job applicants, personnel or contractors, which may include collecting employment history, educational qualifications and other application materials.

We do not directly collect your full credit card details to process payments. Credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their own terms and privacy policies. However, we may receive limited transaction information and may collect bank account details to process refunds.

Collecting information from third parties

We may also collect information about you from other people or independent sources where it is not reasonable and practicable to collect the information from you directly.

This may occur, for example, when:

another User uploads Content that includes information about you;
an Administrator or Site Administrator nominates you as an Administrator, Site Administrator or Guest User;
a school, teacher, parent or guardian sets up a Site or similar shared experience that involves your participation;
you choose to authenticate through a single sign-on provider; or
you give us permission to access information held in another service, such as Google, Apple, Dropbox or another integrated service, depending on your privacy settings with that service.

Where we have collected your Personal Information from a third party, that Personal Information will be held, used and disclosed by us in accordance with this Privacy Policy.

4. Cookies and Similar Technologies

We may collect information based on how you use a Website, including through cookies, web beacons and other similar technologies.

Cookies are small text files that are transferred to your computer or device through your web browser to enable our systems to recognise your browser and record non-personal information such as the date, time or duration of your visit and the pages accessed, for website administration, analytics, statistical and maintenance purposes.

We use cookies and similar technologies to:

help us improve our Websites and Services;
deliver a better and more tailored user experience;
remember your preferences and settings;
recognise you when you return to a Website; and
support security, fraud prevention and performance monitoring.

We will ask for your consent before placing non-essential cookies on your device where consent is required by law.

No attempt is made by us to use Cookie Information to personally identify you, unless Cookie Information is linked with Personal Information, in which case it will be treated as Personal Information.

You can remove or reject cookies by adjusting the settings on your web browser or device. Please note that some parts of a Website may not function fully for users that disable cookies.

5. Electronic Communications and Direct Marketing

Subject to Applicable Privacy Laws, we may send you email messages and other electronic communications:

in connection with your use of a Website or Service;
in the ordinary course of business;
to provide important operational, legal or account-related updates; or
for marketing and promotional purposes where permitted by law.

You can unsubscribe from marketing communications at any time by following the unsubscribe directions in the communication or by contacting us at support@memories.net.

6. Anonymity and Pseudonymity

Where practicable, customers and others have the right to interact with us anonymously or using a pseudonym.

Circumstances where this is not practicable include where Personal Information is required to create an account, complete a transaction, deliver a Letter, administer a Site or comply with legal obligations.

7. Use of Personal Information

Subject to Applicable Privacy Laws, we may hold, use or disclose your Personal Information for the purposes for which it was provided or collected, including:

displaying it when you or another authorised User has posted it to a Website;
creating, delivering, hosting, administering and supporting Memorials, Sites, Letters, Public Letters and other Services;
responding to inquiries received from you;
performing authorised financial transactions with you;
processing subscriptions, renewals, Premium Memberships and Orders;
identifying you with third-party services we use for payment processing, customer support, analytics, hosting, communications or fraud prevention;
verifying your identity and assisting you if you have forgotten account details;
communicating with you and providing information about our products or services;
sending marketing or product-related communications from businesses within our corporate group, where permitted;
notifying you about changes to our Websites, goods and services;
ensuring that content from our Websites is presented in the most effective manner for you and your device;
allowing you to participate in interactive features of our Websites when you choose to do so;
enabling you to enter competitions we run;
facilitating your participation in surveys where you volunteer Personal Information;
enabling you to participate in loyalty, rewards or referral programs where offered;
receiving, investigating and addressing feedback, complaints, disputes or abuse reports;
protecting our legal interests, enforcing our Terms and fulfilling our regulatory obligations; and
any other purpose for which you have provided consent or that is otherwise permitted by law.

Where you post or submit Content for publication or sharing through a Website or Service, you acknowledge that some of that Personal Information may be visible to other users or recipients depending on the settings and nature of the relevant Service.

8. Use of Artificial Intelligence and Automated Tools

We may use artificial intelligence (AI), machine learning or other automated tools in connection with providing, operating, improving and supporting our Websites and Services. This may include, for example:

AI-assisted content creation features, such as generating draft obituaries, eulogies or other written material based on information you provide;
automated customer support tools that may respond to inquiries, triage requests or assist our support team; and
automated moderation or analysis tools used to detect policy violations, improve service quality or personalize your experience.

Where AI or automated tools process your Personal Information, we do so in accordance with this Privacy Policy and applicable privacy laws. We do not use AI to make decisions that produce legal or similarly significant effects on you without appropriate human review, except where permitted by law.

9. Third-Party Websites and Services

A Website may contain links to third-party websites, services or applications, including the networks of affiliate service providers, technology partners, advertisers or payment processors.

If you follow a link to any third-party site or service, please note that they have their own privacy policies and terms. If you use a Website to link to another site, you will be subject to that site's privacy policy and terms of use. We encourage you to read those documents before disclosing your Personal Information.

We do not control, and do not accept responsibility or liability for, the privacy practices of any party other than us.

10. Disclosure of Personal Information

We may disclose your Personal Information to related group companies. They will only use it for the same purposes that we may under this Privacy Policy or as otherwise permitted by law.

We may also provide Personal Information to third parties outside our group companies for limited purposes, such as helping us provide goods and services to customers. We limit the information we provide to what those third parties reasonably need for those purposes.

Such third parties may include:

organisations who carry out payment processing, credit, fraud, identity, abuse or other security checks;
couriers and delivery businesses;
hosting providers, cloud providers and other IT or software service providers;
customer support, communications, analytics, survey and marketing service providers;
professional advisers, auditors, insurers and legal representatives; and
other service providers who assist us to operate our Websites, Services and business.

We may also disclose your Personal Information:

where we have your express permission to do so;
where it can reasonably be inferred from the circumstances that you consent to the disclosure;
if we sell, assign or otherwise transfer part or the whole of our business, in which case your Personal Information may be among the transferred assets to the extent relevant to the business being transferred; or
if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, enforce our Terms or protect the rights, property or safety of us, our personnel, our customers or others.

11. Security of Personal Information

The security of your Personal Information is important to us. We take commercially reasonable steps to protect your Personal Information from misuse, loss and unauthorised access, modification and disclosure.

Each Account, Memorial or Site is protected by account details provided to Users for privacy and security.

However, we cannot guarantee the absolute security of information or that our systems will be completely free from third-party interception, malicious attack or viruses. We cannot and do not guarantee that information you send to us over the internet will always be protected by any particular form of encryption.

You transmit Personal Information to us at your own risk. You are entirely responsible for maintaining the security of your passwords and account information.

12. Information Sharing and Cross-Border Transfers

We do not sell or share your Personal Information for monetary or other valuable consideration, and we do not share your Personal Information for cross-context behavioral advertising. We also do not knowingly sell or share the Personal Information of individuals under the age of 16.

Because we operate internationally and use service providers in multiple jurisdictions, we may store, process or transfer Personal Information in countries other than the country in which it was collected, including the United States, Australia and other countries where our service providers or related companies operate.

Where we transfer Personal Information across borders, we will take such steps as are reasonable in the circumstances to ensure that the recipient handles the information in a manner consistent with Applicable Privacy Laws.

13. Data Rights

Subject to Applicable Privacy Laws, you may have the right to:

request access to the Personal Information we hold about you;
request correction of Personal Information that is inaccurate, incomplete or out of date;
request deletion of Personal Information concerning you in certain circumstances;
request information about the categories of Personal Information we collect, the purposes for which we use it and the categories of third parties with whom it is shared;
withdraw consent where our processing is based on consent;
object to or restrict certain processing in certain circumstances;
request portability of certain Personal Information in certain circumstances; and
not receive discriminatory treatment for exercising your privacy rights.

Residents of certain U.S. states may also have rights, in certain circumstances, to:

know the categories and specific pieces of Personal Information we have collected about you;
know the sources from which the Personal Information was collected and the business purpose for collecting it;
know whether and how we disclose, sell or share Personal Information and, where applicable, opt out of certain disclosures, sales or sharing;
request correction of inaccurate Personal Information; and
limit certain uses of Sensitive Information where applicable.

You may inquire about these rights or exercise them by contacting us as set out in section 16 of this Privacy Policy.

Upon receipt of a request to exercise your rights, we may request additional information to verify your identity and authority. To the extent possible, we will use information already in our possession to verify your identity. Any information you provide in connection with such verification will be used only for that verification purpose and retained only as long as reasonably necessary.

You may designate an authorised agent to make a request on your behalf where permitted by law. If you submit a request through an authorised agent, we may require proof of that authority and may still require you to verify your identity.

14. Warranties and Representation

This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by us to you as to the manner in which we will or may collect, store, use, disclose, protect or otherwise handle your Personal Information.

Some matters are beyond our control, such as malicious or criminal attacks by third parties.

15. Access to, Correction and Updating of Personal Information

You have the right to request access to the Personal Information we hold about you and to request correction if you believe it is inaccurate, incomplete or out of date, subject to Applicable Privacy Laws.

To obtain a copy of the Personal Information we hold about you or to request correction, please contact us as set out in section 16 of this Privacy Policy.

16. Concerns about Privacy

If you:

have any concerns regarding the privacy of your Personal Information or a possible breach of Applicable Privacy Laws;
wish to obtain a copy of your Personal Information held by us;
wish to make a request that your Personal Information be corrected; or
wish to exercise another privacy or data right,

please contact:

The Privacy Officer
Memories Labs, Inc.
privacy@memories.net

In your email, please specify:

your name;
your address;
your phone number;
your email address;
a description of your concern, request or complaint; and
detail about the information in question to help us locate it.

We will use commercially reasonable efforts to determine whether there is a problem, respond to your request within a reasonable time and take any necessary corrective action.

If you are not satisfied with our response, you may make a formal complaint to the Relevant Authority.

17. Deletion, Removal or Destruction of Personal Information

You can request that your Personal Information be deleted, removed, depersonalised or destroyed by emailing support@memories.net.

We will use commercially reasonable endeavours to action your request within a reasonable time and notify you when the request has been completed or, where applicable, explain why it cannot be fully completed.

18. Compliance with Applicable Privacy Laws

Notwithstanding any other provision of this Privacy Policy:

the laws of the Applicable Jurisdiction, including the Applicable Privacy Laws, override any provision of this Privacy Policy that is inconsistent with those laws; and
to the extent that the laws of the Applicable Jurisdiction impose less onerous requirements or obligations on us than this Privacy Policy, those provisions will be implied as part of this Privacy Policy and, to the extent of any inconsistency, those provisions will prevail over the express provisions of this Privacy Policy.

19. Additional Information for U.S. State Privacy Laws

This section provides supplemental disclosures for residents of states with comprehensive consumer privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, “CCPA”) and comparable laws in other states.

Categories of Personal Information collected

In the preceding twelve months, we may have collected the following categories of Personal Information (as described further in section 3 of this Privacy Policy):

Identifiers: name, email address, postal address, phone number, username, account ID.
Customer records: billing address, payment method information (collected and stored by our third-party payment processors), order history.
Internet or network activity: Cookie Information, pages viewed, interactions with a Website, browser type, device type, IP address.
Geolocation data: city-level location derived from IP address.
Audio, visual and similar information: photos, videos and sound recordings that you upload as Content.
Professional or employment information: employment history and qualifications collected from job applicants.
Inferences: preferences or characteristics inferred from your use of our Services.
Sensitive Personal Information: information that you voluntarily include in Content, such as information about a Subject's health, religious beliefs or other sensitive categories.

Sources

We collect Personal Information from the sources described in section 3.4 of this Privacy Policy, including directly from you, from third parties such as other Users, single sign-on providers and integrated services, and automatically through cookies and similar technologies.

Purposes

We collect and use Personal Information for the business and commercial purposes described in section 7 of this Privacy Policy.

Disclosure to third parties

We may disclose Personal Information to the categories of third parties described in section 10 of this Privacy Policy for business purposes. We do not sell or share Personal Information for monetary or other valuable consideration (see section 12).

Your rights

Subject to applicable law, you may have the right to:

Know: request information about the categories and specific pieces of Personal Information we have collected, the sources, the business purposes for collection and the categories of third parties with whom it is shared.
Delete: request deletion of Personal Information we hold about you, subject to certain exceptions.
Correct: request correction of inaccurate Personal Information.
Opt out of sale or sharing: we do not sell or share your Personal Information; however, if this changes, we will provide a mechanism to opt out.
Limit use of Sensitive Personal Information: request that we limit our use of Sensitive Personal Information to purposes necessary to provide the Services, where applicable.
Non-discrimination: you will not receive discriminatory treatment for exercising your privacy rights.

To exercise any of these rights, please contact us as described in section 16 of this Privacy Policy. We will respond to verifiable consumer requests within 45 days of receipt, or notify you if we need an extension of up to an additional 45 days.

You may designate an authorized agent to submit a request on your behalf. We may require proof of the agent's authority and may still need to verify your identity directly.

20. Additional Information for EU and UK Residents

The GDPR and UK GDPR regulate how personal data is protected and enhance the control that individuals in the EU and UK have over their personal data.

Where the GDPR or UK GDPR applies to our processing of your personal data:

personal data must be processed in a fair, lawful and transparent way;
personal data should be collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
personal data should be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
personal data should be accurate and, where necessary, kept up to date;
personal data should be kept for no longer than necessary; and
you may have additional rights, including rights of access, rectification, erasure, restriction, objection and portability.

21. Waiver

Subject to the laws of the Applicable Jurisdiction, any failure or delay by us to enforce or exercise a power or right or provision of this Privacy Policy will not constitute a waiver of that right or provision, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future.

All rights not expressly granted are reserved.

22. Amendment

We reserve the right at our sole discretion to revise this Privacy Policy at any time.

You should visit the Websites periodically to review this Privacy Policy. Amendments will be effective upon notification or publication on the relevant Website, or on the later date specified in the notice.

Subject to Applicable Privacy Laws, your continued use of a Website following such notification or publication will represent agreement by you to be bound by this Privacy Policy as amended.

23. Governing Law

This Privacy Policy is governed by, and must be construed according to, the law in force in the State of Delaware and applicable U.S. federal law, subject to any overriding requirements of Applicable Privacy Laws.

The courts of Delaware will have jurisdiction to determine disputes in relation to this Privacy Policy, except to the extent a court or tribunal with mandatory jurisdiction applies under non-excludable law.