Version: OB 1st October 2021
As a digital company we are required by law to tell you about the personally identifiable information (data) we hold on you and your family, why we need this information and how we use it, as well as your rights when it comes to removing your information or rescinding permission to use it. The laws we must comply with during this Open Beta test phase are UK GPDR (Article 6) and the CCPA for Californian residents and visitors.
About this policy
This Policy sets out the essential details relating to your personal data relationship with Emortal Limited (“Emortal,” “us,” "we," or “our”). The Policy applies to all Emortal Services, Products and any associated Services (referred to as the 'Emortal Service'). The terms governing your use of the Emortal Service are defined in our Terms of Service (the "Terms of Service").
The aim of this Policy is to:
ensure you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with
explain the way we use the personal data that you share with us in order to give you a great experience when you are using the Emortal Service
explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy
Your data rights
The UK General Data Protection Regulation ("UK GDPR") and California Consumer Privacy Act (”CCPA”) give certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights.
As available and except as limited under applicable law, the rights afforded to UK individuals are:
Right of access - the right to be informed of, and request access to, the personal data we process about you
Right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete
Right to erasure - the right to request that we delete your personal data
Right to restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data
the right, at any time, to object to us processing your personal data on grounds relating to your particular situation
the right to object to your personal data being processed for direct marketing purposes
Right to data portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party's service
Right not to be subject to automated decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect
The rights afforded to California residents and visitors are:
the right to know about the personal information a business collects about them and how it is used and shared
the right to delete personal information collected from them (with some exceptions)
the right to opt-out of the sale of their personal information
the right to non-discrimination for exercising their CCPA rights
To change which marketing communications you receive from Emortal during the Open Beta test phase, please email email@example.com.
Emortal Community resources: we are building pages into our Emortal Community site which provide further guidance about data protection questions. A key source of information is the Data Rights and Privacy Settings article which includes answers to "frequently asked questions" about personal data processing in the Emortal Service.
If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer by emailing firstname.lastname@example.org. If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them. However, you can also contact and have the right to lodge a complaint with the ICO (the UK's independent Data Privacy Authority) or U.S. Federal Trade Commission.
Personal data we collect from you
We have set out below the categories of personal data we collect and use about you and how we collect it.
User and usage data
This is the personal data that is provided by you or collected by us to enable you to sign up for and use the Emortal Service, including your name, email address, phone number(s), birth date, and country of residence. If you use a third-party service to create an account, we will receive personal data via that third party service but only when you have consented to that third party service sharing your personal data with us.
Content (as defined in the Terms of Service) you post to Emortal, comments you post, and interactions with the Emortal Life Support team. Please note that we will only access your camera or photos from your device if you give us permission to do so, and we will only access images that you specifically choose to upload to Emortal and associated metadata, such as file type and size. WE WILL NEVER scan or import your device’s photo library or camera roll.
Information about your interactions with the Emortal Service such as your curation activity (including the content you upload to Safe, the Albums and Lifeline you create), and your sharing history. This also may include details of your use of third party applications in connection with the Emortal Service.
Certain technical data, which may include URL information, online identifiers including cookie data and IP addresses, information about the types of devices you are using such as unique device IDs, network connection type (e.g. wifi, 3G, LTE, Bluetooth), provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Emortal application version, your non-precise location, which may be derived or inferred from certain technical data (e.g., your IP address, language setting of your device, or payment currency), to comply with geographic requirements in our licensing agreement.
Authentication, technical service and payment partners
If you register for or log into our services using third party credentials (e.g., Google), we will import your information from such third party to help create your account with us.
We work with technical service partners that provide us with certain data, such as mapping IP addresses to non-precise location data (e.g., city, state), to enable us to provide the Emortal Service and features.
Device information such as operating system version, device type, and system performance data.
When you complete any forms or respond to a survey or questionnaire, we collect the personal data you provide.
What we use your personal data for
We use information held about you in the following ways:
To carry out our obligations arising from any agreements entered into between you and us.
To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
To notify you about updates or changes to product features and content.
To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.
To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as post or zip code, county or state, or country).
To answer your questions or requests for information, or handle your complaints.
Legal bases of personal data processing
In accordance with UK GDPR, Emortal provides the following information regarding its Article 6 legal bases for personal data processing:
The performance of the contract (the Emortal Terms of Service) between you and Emortal for the data processing relating to your use of Emortal's Service
Emortal's legitimate interest, more specifically:
Our business interest in providing you with emails and push notifications for timely introductory materials and information about your Emortal account, our product features and updates
Our business interest in collecting data regarding your general usage and curation activities for the purpose of improving our Emortal user experience
Our business interest in requesting that you partake in product surveys in order to better understand your needs and expectations
Our business interest in providing you with customer service communications regarding your account, questions about our product features offerings or your use of those features, or any other matters directed to Life Support staff, in order to have clear and easy communication with you and to respond to all your requests
Our business interest in collecting data related to unplanned downtime or errors in the Service
Our business interest in complying with our legal obligations, such as maintaining accurate financial records
Disclosure of your data
Being an intrinsically private service, personal information provided to Emortal is never placed in the public domain. The only instance where personal information is made available beyond your immediate connections is when a family group member connects with a member of another family, upon which members of both family groups become discoverable to each other. In this instance your name will be visible but your profile picture withheld until a direct connection is made.
You may choose to share personal information through the normal use of the Emortal Service, for example sharing of content, Albums, Lifeline and Time Capsules with family group members, and with member-to-member connections you make with other families.
We may share your personal data for activities such as statistical analysis and academic study, but only in a pseudonymised format.
We work with service providers that work on our behalf which may need access to certain personal information in order to provide their services to us. These companies include those we've hired to provide Life Support, operate the technical infrastructure that we need to provide the Emortal Service, assist in protecting and securing our systems and services, and help market Emortal's service.
We share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena. We also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
Data retention and deletion
Emortal uniquely allows the permissions you set in life to continue after your death, helping you and your family pass on digital personal information across generations. Whilst the very essence of our Service is to retain and preserve your data, we only do so with your consent and in accordance with the permissions you set, and for as long as necessary to provide you with the Emortal Service. It may also be necessary for us to keep your personal data for legitimate and essential business purposes, such as maintaining the performance of the Emortal Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes.
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:
If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
Transfer to other countries
Emortal may subcontract processing to, or share your personal data with, third parties located in countries other than your country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country.
Personal data collected within the United Kingdom may, for example, be transferred to and processed by third parties located in a country outside of the United Kingdom. In such instances Emortal shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by ICO.org.uk
Keeping your personal data safe
We are committed to protecting our users' personal data - indeed, it is crucial that we are able to do so robustly for our account holders to trust in our service. Unusually, we have prioritised data security over ease of use in some instances in order to reduce vulnerabilities - for example, importing content directly from social media accounts. We also implement appropriate technical and organisational measures to help protect the security of your personal data and have implemented various policies including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems. However, please note that no system can ever be guaranteed completely secure.
Your password protects your user account, so we encourage you to use a strong password that is unique to your Emortal account, and never share your password with anyone.
Changes to this Policy
We will change this Policy prior to full commercial launch of the Emortal Service and may occasionally make changes thereafter.
When we make material changes to this Policy, we'll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Emortal Service or by sending you an email and/or a device notification. We may notify you in advance.
Please, therefore, make sure you read any such notice carefully.
If you want to find out more about this Policy and how Emortal uses your personal data, please visit the Emortal Community site to find out more.
How to contact us
Thank you for reading our Policy. If you have any questions about this Policy, please contact our Data Protection Officer by emailing email@example.com, or by writing to us at the following address:
Unit 605, 70 Metropolitan Wharf, Wapping, London, E1W 3SS, U.K.
Emortal Limited is the data controller for the purposes of the personal data processed under this Policy.