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Tree of Memory Privacy Policy


 

Tree of Memory (“Tree of Memory”) is committed to respecting the privacy rights of users of the Tree of Memory website, and the Tree of Memory service, including software applications made available by TreeOfMemory.com, such as the Tree of Memory mobile device application, (together, the “Service”). Tree of Memory has published this privacy policy to demonstrate its commitment to fair information practices and to the protection of privacy.   This Privacy Policy is only applicable to the Service and not to any websites or services of third parties (“Third-Party Websites”), which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.   BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE USING OR ACCESSING THE SERVICE.   Each time You access the Service, the then-current version of this Privacy Policy will apply. Each time You use the Service, we recommend that you check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Service. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

 

1. Children's Privacy

 

Tree of Memory does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Tree of Memory obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Tree of Memory will immediately delete such information from its database. Because Tree of Memory does not collect personally identifiable information from children under the age of 13, Tree of Memory has no such information to use or disclose to third parties. Tree of Memory has designed this Privacy Policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

 

2. Information Collection Practices

 

A. Traffic Data

 

Like most website operators, Tree of Memory automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Service; and (iv) types of Web browsers accessing the Service (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify You.

 

B. Cookie Policy - Tracking Over Time and Across Different Websites

 

“Cookies” are text files that are placed on Your computer by websites that You visit or certain emails that You open. A Cookie acts as a string of information stored on a user’s computer, and that the user’s browser provides to the Service each time the user submits a query to the Service. The purpose of a Cookie is to identify the user as a unique user of the Service.   Tree of Memory may use two types of Cookies – “first-party cookies” and “third-party cookies.”

  1. First Party Cookies


    Tree of Memory uses first-party cookies on the Service, for example the Google Analytics Cookie, for the following purposes: (1) to gather visitor and access information relevant to customizing the Service to your interests; and (2) to store your password so you do not have to re-enter it each time you use the Service. IF YOU DO NOT WISH TO HAVE FIRST-PARTY COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE SERVICE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE SERVICE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
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  2. Third Party Cookies


    In addition to these purposes, Google, Inc. (“Google”) uses third-party cookies to serve online interest-based advertisements on Tree of Memory. As an important example, Google uses a cookie known as “DoubleClick” to enable both Google and Google’s third-party marketing partners to serve advertisements to You based on information gathered during Your use of the Service or Your visit to other websites and services. Tree of Memory may advertise on other Third Party Websites to You after You access the Service. We and third-party marketing partners, including without limitation Google, may use first party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick cookie) to inform, optimize, and serve advertisements to You based on your use of the Service. Google allows users to customize cookie preferences in Google Ads Settings page. You can also learn more about how to delete or control cookies at www.aboutcookies.org.

 

C. Personally Identifiable Information

 

In order for You to use certain features of the Service, You will be asked to provide Tree of Memory certain personally identifiable information (“Personal Information”). Personal Information includes the following categories, without limitation: (1) “Contact Data” (such as Your name, phone number, fax number, mailing address and email address); (2) “Financial Data” (such as Your credit/debit card number and expiration date); and (3) “Demographic Data” (such as gender and zip code). In each case, You will be asked to provide Personal Information; the Service will not gather it surreptitiously. Tree of Memory may supplement the Personal Information You provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to Tree of Memory. You are under no obligation to provide Personal Information, with the caveat that Your refusal to do so may prevent You from using certain features of the Service.

 

D. Information You Make Public

 

The Service may contain features that permit You to upload, post, transmit, display, perform or distribute content, or other information, including Your Personal Information. This includes Your location, date of birth, gender, family tree, friends, and any other sensitive memoir information that You choose to publish. Any information that You choose to disclose by means of such features becomes public information over which Tree of Memory is unable to exercise control. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.

 

3. Information Use and Disclosure Practices

 

A. Traffic Data and Information Gathered Using Cookies

 

Tree of Memory analyzes Traffic Data and information gathered using Cookies to help Tree of Memory better understand who is using the Service and how they are using it. By identifying patterns and trends in usage, Tree of Memory is able to better design the Service to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, Tree of Memory may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Service. Tree of Memory does not attempt to link information gathered using Cookies to Personal Information.

 

B. Personal Information

 
(i) Generally
 

Tree of Memory uses Your Contact Data to send You information about Tree of Memory and Tree of Memory’s products and services, and to contact You when necessary in connection with the Service. Tree of Memory uses Your Financial Data to verify Your qualifications for certain features of the Service and, when necessary, to bill You. Tree of Memory uses Your Demographic Data to customize and tailor Your experience on the Service. As with Traffic Data and information gathered using Cookies, from time to time Tree of Memory may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Service.

 
(ii) Disclosure Practices
 

Except under the following categories of circumstances, Tree of Memory will keep Your Personal Information private, and will not share it with third parties.

 
  1. Disclosure to Marketing Partners. Tree of Memory may utilize any and all Personal Information to help our clients better understand the demographics of our audiences as well as to support our marketing data products and services.
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  2. Disclosure in Connection with Service Tree of Memory discloses Personal Information to those who help it provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
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  3. License to User Content As stated in the Terms of Use, by using the Service, You grant the Tree of Memory Parties the right to publish Your name and any username of Yours in connection with the Tree of Memory Parties’ exercise of their license in and to Your User Content. You further waive any claims arising from the Tree of Memory Parties’ exercise of that right. For additional information, see Terms of Use Section 15, regarding User Content.
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  4. By Law or to Protect Rights. Tree of Memory discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Tree of Memory believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Tree of Memory, third parties, or the public at large.
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  5. Business Transfers; Bankruptcy. Tree of Memory reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Tree of Memory’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Tree of Memory’s successor organization.
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  6. Unpaid Accounts. If You fail to pay any balance owed in consideration of services, Tree of Memory may, as permitted by law, report Your Personal Information, including without limitation Your unpaid balance, to consumer credit reporting services, collection agencies, and others.
 

4. Consent to Recieve Electronic Communications from Tree of Memory

 

Without limitation, by registering for the Service and providing Your name, email, postal or residential address, and/or phone number through the Service, You hereby expressly consent to receive electronic and other communications from Tree of Memory, over the short term and periodically, including email communications, regarding the Service, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to info [at] treeofmemory [dot] com.

 

5. Consent to Recieve Electronic Communications from other Tree of Memory Users

 

Without limitation, by registering for the Service and providing Your name, email, postal or residential address, and/or phone number through the Service, You hereby consent to receive electronic communications, including personal messages from other users of the Service.

 

6. Security of Personal Information

 

Tree of Memory takes security seriously. We utilize commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information. However, due to the realities of data security, Tree of Memory is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.

 

7. Lost or Stolen Information

 

You must promptly notify us if Your credit, bank, other financial institution information, user name or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, user name, or password from Your account and updated our records accordingly.

 

8. User Ability to Access, Update, and Correct Personal Information

 

Tree of Memory wants Your Personal Information to be complete and accurate. As stated in the Terms of Use, by using the Service, You represent and warrant that all information You provide in connection with Your use of the Service is current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, Your Personal Information, visit Your personal profile. Through Your personal profile You may review and update Your Personal Information that we have already collected.

 

9. Third-Party Websites

 

Tree of Memory neither owns nor controls Third-Party Websites. Accordingly, Third-Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by Tree of Memory. Before visiting or providing Personal Information to a Third-Party Website, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in Your discretion, protect Your privacy.

 

10. Promotional Activities

 

From time to time, Tree of Memory may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Tree of Memory may also ask You to participate in surveys designed to help Tree of Memory improve the Service. Any Personal Information provided to Tree of Memory in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

 

11. Updates and Changes to Privacy Policy

 

Although most changes are likely to be minor, Tree of Memory reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting such update, change, or modification on this page. Any such addition, update, change, or modification will be effective immediately upon posting. Unless Tree of Memory obtains Your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier Privacy Policy.

 

12. Business Transitions

 

In the event Tree of Memory goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership, Tree of Memory may use information collected in accordance with this privacy policy and subject to the restrictions herein, as part of any such business transition. In such instances, Your information can be part of the assets transferred.

 

13. California Do-Not-Track Disclosures

 

Without changing or revoking any of Your privacy protections contained in this privacy policy, it is not feasible at this juncture for Tree of Memory to “respond” to a “do not track” signal as those terms appear in Cal. Bus. & Prof. Code §§ 22575(b)(5).

   

Effective Date: March 27th, 2015