Privacy Policy | MemoriTree

MemoriTree is owned and operated by Albatross Ecommerce LLC ("we," "us," or "our"). Your privacy and trust are our highest priorities. This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit our website, create a memorial, or use our services (collectively, the "Service"). This Privacy Policy is governed by the laws of the State of Delaware and should be read in conjunction with our Terms of Service.

1. Information We Collect

Personal Information: Name, email address, phone number, and payment information (processed via secure third-party processors such as Stripe and PayPal) when you create an account or make a purchase.
Memorial Content: Photos, videos, stories, tributes, and other media you voluntarily upload to memorial pages. Memorial pages are public by default.
Usage Data: Technical information such as your IP address, browser type, device information, operating system, referring URLs, and pages visited. We use PostHog for product analytics and Google Tag Manager for event tracking to understand how our platform is used and to improve performance.
Drafting Tool Data: When you use assisted drafting features (such as the obituary writer), we process the information you provide as input. Generated outputs are produced by third-party technology providers and may be stored as part of your memorial content.
Sensitive Data Disclaimer: By creating a memorial or posting tributes, stories, or obituaries, you explicitly consent to the public processing of any sensitive personal data (such as health information, religious beliefs, or political opinions of the deceased) that you voluntarily choose to include in that content. You represent that you have the right to share such information and understand that it will be publicly accessible.

2. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to operate, analyze, and improve the Service. Cookies are small data files placed on your device when you visit our website.

Essential Cookies: Required for the Service to function properly (e.g., authentication, session management). These cannot be disabled.
Analytics Cookies: Used by PostHog and Google Tag Manager to collect anonymized usage data and help us understand how the Service is used and identify areas for improvement.
Preference Cookies: Used to remember your settings and preferences (e.g., theme, language).

You can manage or disable non-essential cookies through your browser settings. Disabling certain cookies may affect the functionality of the Service. We are committed to complying with applicable cookie consent requirements, including those under the GDPR and ePrivacy Directive for users in the European Economic Area and the United Kingdom.

3. How We Use Your Information

To provide, maintain, and improve our memorial services.
To process transactions and send order confirmations.
To communicate with you regarding your account, updates, or support requests.
To send memorial digest emails if you have subscribed to memorial updates.
To generate drafted content at your request (e.g., obituary drafts).
To moderate content for compliance with our Terms of Service.
To monitor the integrity and security of our platform.
To comply with legal obligations.

4. Data Sharing and Disclosure

Service Providers: We share data with trusted third-party vendors for payment processing (Stripe, PayPal), hosting (Vercel, Supabase), email delivery (Resend), analytics (PostHog), content processing technology providers, and other operational services. These providers are contractually obligated to protect your data and may only use it to perform services on our behalf.
Legal Requirements: We may disclose information if required by law, subpoena, court order, or other legal process, or to protect the safety, rights, or property of MemoriTree or others.
Business Transfers: In the event of a merger, acquisition, reorganization, or sale of all or substantially all of our assets, user information may be transferred as a business asset. We will notify you via email or prominent notice on the Service before your personal information becomes subject to a different privacy policy.
No Sale or Sharing for Advertising: We do not sell your personal data. We do not share your personal data with third parties for cross-context behavioral advertising or tracking purposes.
Protection of Memorial Authors: We strictly protect the privacy of our users. We will not disclose the identity, email address, or personal information of a memorial author to any inquiring individual or third party unless explicitly authorized by the author or required by a valid legal process (such as a court order or subpoena).

5. Data Retention

We retain memorial data indefinitely to preserve the legacy of loved ones, unless removal is requested by the account holder or an authorized family member. Account and transaction data are retained as long as necessary to fulfill legal and accounting requirements. Upon account termination, your data will be handled in accordance with Section 12 of our Terms of Service.

6. Security

We implement industry-standard security measures, including SSL/TLS encryption, secure servers, and access controls, to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

In the event of a data breach that affects your personal information, we will notify you and any applicable regulatory authorities as required by applicable law, and will take commercially reasonable steps to mitigate the impact.

7. Your Rights and Choices

Access and Correction: You may access and update your profile information via your account settings.
Deletion: You may request the deletion of your account or specific data by contacting support@memoritree.com.
Data Portability: You may request a copy of your personal data in a structured, commonly used format by contacting us.
Cookies: You can manage or disable cookies through your browser settings. See Section 2 for details.
Marketing Communications: You may opt out of receiving promotional emails from us by following the "unsubscribe" instructions included in each email. You may unsubscribe from memorial digest emails at any time. Please note that even if you opt out of marketing emails, you will continue to receive transactional messages regarding your account (such as payment receipts or security updates).

8. Children's Privacy

Our Service is not intended for individuals under the age of 18. We do not knowingly collect personal information from anyone under 18 years of age. If we discover that we have collected personal information from a person under 18, we will delete that information promptly. If you believe that a person under 18 has provided us with personal information, please contact us at support@memoritree.com.

9. California Privacy Rights

Residents of California have specific rights under the California Consumer Privacy Act and the California Privacy Rights Act (CCPA/CPRA), including:

The right to know what personal information we collect, use, and disclose;
The right to request deletion of your personal information;
The right to opt out of the sale or sharing of personal information (we do not sell or share your data for advertising);
The right to non-discrimination for exercising your privacy rights.

To exercise these rights, please contact us at support@memoritree.com. We will verify your identity before processing your request and will respond within the timeframes required by applicable law.

10. Rights for Users in Europe and the UK

If you are located in the European Economic Area (EEA) or the United Kingdom (UK), you have specific rights under the General Data Protection Regulation (GDPR) and UK GDPR:

Legal Basis for Processing: We process your personal data based on: (a) contractual necessity (to provide the memorial services you request); (b) consent (for the sensitive data you voluntarily choose to include in memorial content, and for non-essential cookies); and (c) legitimate interests (to secure, improve, and market our platform, where such interests are not overridden by your data protection rights).
Your Rights: You have the right to request access to your personal data, correct inaccuracies, request deletion ("right to be forgotten"), restrict processing, object to processing based on legitimate interests, and receive your data in a portable, machine-readable format.
Withdrawal of Consent: Where we process your data based on consent, you may withdraw your consent at any time. Withdrawal does not affect the lawfulness of processing carried out prior to withdrawal.
Complaints: You have the right to lodge a complaint with your local data protection supervisory authority if you believe your rights have been violated.

11. International Data Transfers

MemoriTree operates in the United States. If you access our Service from outside the U.S., your information may be transferred to, stored, and processed in the United States, which may have different data protection laws than your country of residence. Where we transfer personal data from the EEA or UK to the United States, we rely on applicable legal mechanisms to ensure adequate protection for your data, including Standard Contractual Clauses approved by the European Commission where required. By using the Service, you consent to the transfer of your information to the United States and other jurisdictions where we or our service providers operate.

12. Changes to This Policy

We may update this Privacy Policy from time to time. For material changes, we will provide at least thirty (30) days' advance notice via email to your registered account address or through a prominent notice on the Service. The current version will always be posted on this page with an updated effective date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Privacy Policy.

13. Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions, consistent with our Terms of Service.

14. Contact Us

If you have questions about this Privacy Policy or wish to exercise any of your rights, please contact us:

Email: support@memoritree.com

Operator: Albatross Ecommerce LLC