Privacy Policy | Not Forgotten

Privacy

Welcome to Not Forgotten®!

A. Use of Our Websites and Services

NotForgotten Digital Preservation Library, LLC and its affiliates (“NotForgotten,” “we” or “us”) respects your privacy. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose, and make use of personal information when you use any of our features and tools (collectively, the “Services”) which we offer through our website, www.not-forgotten.io and other websites and applications powered by us (the “Platform”). This policy also describes your rights and choices when it comes to your personal information.

Because the mission of NotForgotten is to allow our customers to create Legacies which include videos and personal records to be accessed by future generations as well as the public, large portions of the information you share with us will not remain private.

We urge all people who are considering using our services to read our Terms & Conditions carefully so that you understand how our services work. The Terms & Conditions describe how users can create Legacies and record information (for example in GEDCOM files and Personal Archive Records) to allow people to find information about you in the future. If you do not want to save your personal information for others to access, please do not visit our Websites and do not use our services. If you do sign up for our services, it is especially important that you read the Terms & Conditions so that you understand how and when Legacies will become publicly available.

REMINDER: your site postings are generally accessible by the public.

Your use of the Services may disclose information to the public. Any public posting on the Platform is not considered “personal information” and is not protected by this Privacy Policy. Any public posting on the Platform is at your own risk and we cannot control how other Users interact with, download, or share your information. Further, you understand and are aware that even after public postings have been removed from the Platform, copies of content posted publicly may be preserved in cashed or archived paged and may have been captured and stored by other Users.

The term “you” or “You” shall refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the Platform.

B. Revisions to NotForgotten Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we do make changes, we will post the revised privacy policy to our Websites, and the “last modified date” will be updated. We will inform you of any material changes by email or by another means such as a pop-up notice on one of our Websites announcing that the Privacy Policy has changed. Your continued use of our Websites and/or our services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

It might occur that we want to use personal information in a way that was not previously mentioned in our Privacy Policy. If it happens that we want to use information we have previously collected in a less restrictive fashion, we will make all reasonable efforts to obtain consent before implementing the change, as may be required by law.

Table of Contents

1.Introduction.

2. How is information about you collected

2.1 Direct Interactions With Us

2.2 Interactions with Third Parties

2.3 Passive Collection

2.4 Third parties or publicly available sources

3. Information we collect about you

3.1 Information collected by NotForgotten

3.2 Information Collected by Third Parties

4. How we use information we collect about you

4.1 Purposes we use your information for

4.2 Our Right to Share Your Information With Third Parties

5. Choices about how we use information we collect about you

6. Accessing and Correcting / Deleting Your Information

7. Children's Privacy

8. Your California Privacy Rights

9. Data Security

10. Contacting Us to Update Your Information or For Other Purposes

2. How Is Information About You Collected

Personal information is identifiable information about an individual. It includes such things as your name, location, date of birth, gender, financial information, place of work, and family relationships.

2.1 Direct Interactions With Us

Most of the information we collect about you comes from information you share with us when you visit one of our websites on our Platform or when you use our Services.

When you register on the Platform, we receive the information in your registration form, including any personal information.

Using the Services: When you create your Legacy we will capture video, family data, location, photos, digital media, When you share final resting places, upload photo and video memories,, post comments or messages, and construct a family tree we receive any personal information that is made available through these uses of the Services, whether you are an Account Holder or a Guest to the Platform. In addition, we receive the personal information of the individual for whom you have created a Legacy.

Communicating with us: Information about you will also be collected when you interact with NotForgotten’s customer service department (e.g., if you send us correspondence we may keep a record of those interactions or store some of your information), and/or if you purchase a NotForgotten Legacy we will collect the customary range of information associated with online purchases (e.g., credit card details, billing address, email, and phone number).

2.2 Interactions with Third Parties

In some instances, we may receive information about you from third parties. For example, if someone purchases a NotForgotten product for you from a third party such as Etsy, we may receive information about you from that third party service provider. If at any time you believe NotForgotten has collected information about you, you can email us at privacy@not-forgotten.com to ask us what information we have on file about you and to update or delete those records to the extent they continue to be in our possession (and in accordance with Section VI below). For a list of other rights you may have under applicable law, please click here.

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A. Your rights relating to your personal data: You have certain rights relating to your Personal data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EU, these rights may include the right:

To access your Personal data held by us (right to access);
To rectify inaccurate Personal data and, taking into account the purpose of processing the Personal data, ensure it is complete (right to rectification);
To erase/delete your Personal data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten);
To restrict our processing of your Personal data, to the extent permitted by law (right to restriction of processing);
To transfer your Personal data to another controller, to the extent possible (right to data portability);
To object to any processing of your Personal data carried out on the basis of our legitimate interests (right to object). Where we process your Personal data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated Decision-Making currently does not take place on our websites or in our services; and
To the extent we base the collection, processing and sharing of your Personal data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

2.3 Passive Collection

As you use our Services and interact with our Platform, we may automatically collect certain technical data about your equipment and browsing activity. For example, we may collect details of your visits to our Websites, including information about your IP address, operating system, internet connection, and browser type, time zone, and some of the cookies that are installed on your device. In addition, as you browse our website, we collect information about how you interact with it.

1. We collect this information by using cookies, server logs and other similar technologies, some of which are described below:

a. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites. We use our own and sometimes third party cookies to enable you to navigate around our Websites, use their features, and to allow us to perform analytics, remember your preferences, provide services that you have requested and produce content tailored to your interests, on our Platform.

b. Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies.

c. Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit NotForgotten to count users who have visited those pages or opened an email and for other related website statistics.

d. Applications. Through mobile and desktop applications you download from our Websites, which provide dedicated non-browser- based interaction between you and our Websites.

2. If you use our Legacy creation mobile-enabled services, we will receive information about your use of our services from your mobile device while you use our services. Video creation in itself will also require additional information collection, such as metadata information to be sent with your videos when you submit your video.

3. We use third party website analytic services, including Google Analytics and Google Tag manager, Bing Webmaster and Hubspot to gather information about how you and others use our Websites, and to facilitate use of the websites. For example, we will know how many users access a specific page and which links they clicked on. We may use this aggregated information to understand and optimize how our Websites are used and the information regarding your activity on the websites to assess content and other needs so that we may offer services to meet such needs.

2.4 Third parties or publicly available sources.

We may receive personal information about you from various third parties and public sources as set out below:

Technical data from analytics providers, advertising network and search information providers based inside or outside the EU.
Contact, financial and transaction data from providers of technical, payment and delivery services based inside or outside the EU.
Identity and contact data from data brokers or aggregators based inside or outside the EU.

Identity and contact data from publicly available sources based inside or outside the EU.

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3. Information We Collect About You

3.1 Information collected by NotForgotten

We collect several types of information from and about users of our Platform and Services, including:

Personal Information. In connection with the services that we offer, we may receive (from you or someone who buys a gift for you) certain personal information about you, such as your name, your address, your contact information, your date of birth, and payment information. When creating your Legacy, you will, of course, also be free to provide additional personal biographical information and memories as part of your “video archive.” In addition, our services allow NotForgotten customers to upload documents, photos, digital media files and information about their families into a GEDCOM file. This genealogical information is used, for example, to allow people to find and discover your Legacy at a future point in time. Please read our Terms & Conditions for more information.
Technical Data. As described in above, we may collect certain technical data about your equipment and browsing activity on our Platform.
Additional Data. In the event that you create an online profile to engage with online features of our Platform, we will collect information associated with that profile as well as your online activity related to that profile. In addition, as our business grows and develops marketing initiatives such as blogs and newsletters we may collect information about your preferences and habits in connection therewith.
Aggregated Data. We may also collect aggregated data (such as statistical and demographic data) about people who visit our Platform and use our services.

3.2 Information Collected by Third Parties.

Like many websites, our Platform includes links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect data about you. We do not control these third-party websites and are not responsible for their use of your information.

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4. How We Use Information We Collect About You

Except in the specific instances described below, we do not share your personal information. Your personal information will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the Services.

4.1 Purposes we use your information for

We use information that we collect about you or that you provide to us for a broad range of purposes, including:

Providing the NotForgotten Services, including helping you to create, archive and share your Legacy and making your Legacy and information about you discoverable and accessible by others (see our Terms & Conditions to learn more). We process your personal data to perform our contract with you for the use of our Platform and Services and to fulfill our obligations under our Terms & Conditions. We use the personal information you provide in order to communicate with you regarding specific customer service inquiries, support, and issues, as well as transaction history and information pertaining to orders. Where we have not entered into a contract with you, we base the processing of your personal data on our legitimate interest to operate and administer our Platform and to provide you with content you access and request (e.g., to download content from our websites).
Promoting the security of our Platform and services: We use the collected information in order to help us screen for potential risks and fraud. We process your personal data by tracking use of our Websites and services, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity and enforcing our terms and policies, to the extent this is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others.
Contacting you with questions and possibly surveys to allow us to develop and enhance our products and services. We process your personal data for this purpose in connection with our legitimate interest in developing and improving our products and services.
Offering you products and services we think may be of interest to you. We also use your personal information to send newsletters or other periodic emails relating to the Services and Platform. Please note: We will never sell your personal information to a third party. We process your personal data for this purpose in connection with our legitimate interest in making the experience of our customers as robust as possible.
Fulfilling our obligations and enforcing our rights with respect to the NotForgotten products and services. We process your personal data for this purpose to perform our contract with you.
Notifying you about changes to our Platform, our policies and/or our products and services. We process your personal data for this purpose to perform our contract with you.
Displaying personalized advertisements and content: We process your personal data to conduct marketing research, advertise to you, provide personalized information about us on and off our Platform and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our Platform / services or, where necessary, to the extent you have provided your prior consent. We use the collected information in order to make our website easier to access and browse and to understand the effectiveness of advertisements you see as well as to deliver relevant ads to you.
Complying with legal obligations: We process your personal data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.

4.2 Our Right to Share Your Information With Third Parties.

We will never sell your personal data to a third party, but we will share your information with third parties as described below.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may publish or transfer to third parties, fully anonymized and aggregated statistics based on your personal information in order to improve your user experience, to improve the Platform, and to share with partner or affiliate companies.

In addition, we may disclose personal information that we collect about you:

1. To our subsidiaries and affiliates. Specifically including the Not Forgotten Library Depository, an OCLC library IEFDP

2.To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Service providers who will receive your personal information include:

Vendors that help us create the blockchain contract, library record, Worldcat record, and GEDCOM file related to your video (as described in our Terms & Conditions).

Worldcat and OCLC libraries which publish the library records

The Ethereum blockchain smart contract

Family history sites like Ancestry.com

Vendors that help NotForgotten create, edit, host and transcribe your Legacy and video.

Vendors that help NotForgotten archive and attach metadata to your Legacy.

Vendors that help us process purchases (if someone purchases a NotForgotten plan for you).

Vendors that make your Legacy and Library card available online, in accordance with the Terms & Conditions.

Vendors that assist NotForgotten with payment processing, marketing, implementing security protocols and fraud prevention.

Vendors that help us provide our services in other ways, such as shipping your Legacy to you.

3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of NotForgotten’s assets.

4. To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

5. For any other purpose disclosed by us when you provide the information.

6. With your consent.

We may also disclose your personal information:

7. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

8. To enforce or apply our Terms & Conditions and other agreements, including for billing and collection purposes.

9. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of NotForgotten, our customers, or others.

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5. Choices about how we use information we collect about you

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

A. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

B. If you receive an unwanted email from us, you can unsubscribe from via the link included in the email. Users may edit their settings in order to select which type of email they wish to be subscribed to.

C. Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by logging into the websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@not-forgotten.com.

D. Promotional Offers from NotForgotten. If you do not wish to have your information used by NotForgotten to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@not-forgotten.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

E. Please note that we do not respond to nor honor “do not track” notices.

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6. Accessing and Correcting / Deleting Your Information

A. At any time, you can email NotForgotten at privacy@not-forgotten.com to ask us to delete information you have uploaded into your NotForgotten account, such as data about your family, your personal data and your Legacy. (Please note: To delete this information, we may need to close your account.) You may also send us an email at privacy@not-forgotten.com to request that we correct personal information that you have provided to us, though we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. For a list of other rights you may have under applicable law, please click here.

B. Please note that because NotForgotten’s mission is to create perpetual records related to our customers that will be discoverable by future generations, NotForgotten will not have the ability to remove information about customers from third party sites and storage locations that receive information in connection with your Legacy and personal records. For example, you will not be able to delete your Blockchain, Worldcat, Gedcom records by contacting NotForgotten (since those records and files will be stored by third parties); we will only be able to delete the information pertaining to those records contained within our own system.

C. Customers who wish to undertake this project will need to contact each vendor involved in the process of storing and hosting the videos in question as well as those vendors who have created the records described above (e.g, the GEDCOM files, the blockchain contract, etc.) For example, for a fee, you can request Ethereum to remove the blockchain content relating to your transaction.

7. Children’s Privacy

Not Forgotten is committed to protecting the privacy of children who use our NotForgotten, Library and sites and applications. This disclosure describes how we handle personal information we collect from children under the age of 13 ("child" or "children").

Age Requirements

You must be at least 13 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are under 16, you represent that you have your parent or guardian’s permission to use the Service. Please have them read the Terms of Service Agreement with you.

If you are a parent or legal guardian of a user under the age of 16, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Love Notes | What Personal Information Do We Collect From Children?

The Love Note service can be intended for children. In this situation, adults may share with the explicit permission of parents or legacy guardians a child’s first name (never under any circumstances a last name) and photos, videos with the platform.

Contact information provided in association with a child (including phone numbers and e-mail addresses) should be associated with the Parent, guardian or nominating organization and any location should never be personal identifying information.

If a child uses the Service certain activity and device information and identifiers (such as cookies, device serial numbers, and IP addresses) may be collected.

Our Privacy Policy describes other information we collect that is not Child Personal Information.

How Do We Use Child Personal Information?

We use Child Personal Information to register a child as someone who should receive Love Notes (first name only) and to deliver Love Notes for the child to read or view (using parents contact details)

Do We Share Child Personal Information?

We share Child Personal Information only as described above

Your child may be able to share their love note containing their first name and image publicly and with others

What Choices Do I Have?

We do not knowingly collect, use, or disclose Child Personal Information without parent or guardian permission.

We make available controls so that you can remain involved in your child's use of the services. To learn more about revoking permission for a child or how to review or delete Child Personal Information, please contact Customer Service.

Please note that if you withdraw the permission you have provided for your child or request deletion of Child Personal Information, certain services and features may no longer be available.

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8. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to p rivacy@not-forgotten.com

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9. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Please contact us by sending an email to s upport@not-forgotten.com if you would like more information.

We store data for as long as it is necessary to provide the Services to you and others. You may stop using the Service at any time. Follow these instructions to close your Not Forgotten account and remove your data. You also have the option to download a copy of your data first. When you delete an account, all User Provided Content that you have uploaded is deleted. Other information may be kept on our servers in an anonymized and aggregated fashion for our own internal use. It typically takes between one month and 90 days to delete an account. You should only delete your account if you are sure you never want to reactivate it. For certain categories of data, we may also tell you about specific data retention practices.

Any User Provided Content that you have shared publicly (e.g. by including such User Provided Content in a public family tree, or on the blockchain as part of your public profile in one of the Services or in a public library record on one of our Services or by electing to make your legacy public from “todays” date) may be viewed by other users as part of, or in conjunction with, the Services. We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from the family trees, library records or public profiles of other users.

We take reasonable steps to ensure that your information is treated securely and in accordance with this Policy and follow accepted standards to ensure that personal information is protected. Despite this, we cannot guarantee a 100% secure internet and cannot warrant the security of any information that you provide us. We are not liable for unintentional disclosure of your personal information.

By providing personal information to us, you consent to our electronic communication with you regarding security, privacy, and administrative issues relating to your use of our website. If we learn of a security breach, we will notify you as required by law.

The safety and security of your information also depends on you, however. Where we have given you (or where you have chosen) a password for access to portions of our Platform, you are responsible for keeping this password confidential. Unfortunately, the transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk, and we are not responsible for circumvention of any privacy settings or security measures contained on our Platform.

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10. Contacting Us to Update Your Information or For Other Purposes

To ask questions about this privacy policy and/or our privacy practices, please contact us by sending an email to p rivacy@not-forgotten.com You may also reach us at:

NotForgotten Operations, LLC

525 Michelle Mews

Princeton, NJ 08542

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us by sending us an email at: support@not-forgotten.com

To access your Personal data held by us (right to access);
To rectify inaccurate Personal data and, taking into account the purpose of processing the Personal data, ensure it is complete (right to rectification);
To erase/delete your Personal data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten);
To restrict our processing of your Personal data, to the extent permitted by law (right to restriction of processing);
To transfer your Personal data to another controller, to the extent possible (right to data portability);
To object to any processing of your Personal data carried out on the basis of our legitimate interests (right to object). Where we process your Personal data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated Decision-Making currently does not take place on our websites or in our services; and
To the extent we base the collection, processing and sharing of your Personal data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.