Last Updated: February 2, 2024
 
This Privacy Policy describes how Eternal Legacy Company, LLC (“EverArk,” “we,” or “us”) collects, uses, and discloses information about you. This Privacy Policy applies to information we collect when you use our digital legacy services and otherwise access or use our websites and mobile apps that link to this Privacy Policy (collectively, our “Services”).
 
We may change this Privacy Policy from time to time. If we make material changes, we will notify you by revising the date at the top of this policy. In some cases, we may provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
 
CONTENTS
 
Collection of Information
Use of Information
Sharing of Information
Analytics
Your Choices
Contact Us
COLLECTION OF INFORMATION
 
The information we collect from you varies depending on the way you use our Services. When you browse our public website or use our mobile or web app as a consumer (“Consumer”) to explore our Services, to learn more about us, or to maintain or visit a digital legacy, the information we collect and use is different from the information we collect if you become an EverArk business user (“Business User”) and purchase and/or license one of our products or Services. Below, we describe the different ways we might collect information from you.
Information You Provide to Us
We collect information you provide directly to us.
Consumers
For example, when you use our Services as a Consumer, such as when you create your digital legacy using our web app or mobile app we collect your name, email address, phone number, images of you, future resting place, and any other personal information that may be included in a family tree, obituary, funeral notice, eulogy, or other comments on a memorial. Additionally, if you make a donation through the Services, we work with a third-party payment processor to collect and process your payment information.
We collect information you provide to us about other people as may be included in a family tree, obituary, funeral notice, eulogy, or comments on a memorial. You are responsible for providing all required notices and obtaining any necessary consent from those other people as needed to provide us with such information.
Business Users
If you become a Business User, we collect certain personal information from you and/or your authorized users in order to facilitate our business relationship with you and provide you our products and Services (collectively, “Business Personal Information”). Business Personal Information we may collect from you and/or your authorized users includes your name, business email address, business phone number, company name, your role at your company, the location of your company, and geolocation data.
We also collect information a Business User chooses to provide relating to its customers or individuals that it serves We do not directly collect or control the information our Business Users choose to provide relating to its customers, but rather Business Users determine what information they collect from their business customers, and to the extent EverArk receives that information, we do so on behalf of our Business Users.     
Information We Collect Automatically When You Use Our Services
When you access or use our Services or otherwise transact business with us, we automatically collect certain information, including:
  • Device and Usage Information: We collect information related to your access to and use of the Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, how long you spend on a page or screen on the Services, how you interact with our emails, navigation paths between pages or screens, links clicked, and the page you visited before navigating to our Services.
  • Transaction Information: When you make a donation, we collect information about the transaction, such as donation amount, the date and time of the donation, and to whom the donation is directed.
  • Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. You may stop the collection of precise location information at any time (see the Your Choices section below for details).
  • Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies, web beacons, and other tracking technologies to collect information about your interactions with the Services, including information about your browsing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see the Your Choices section below.
Information We Collect from Other Sources
We obtain information from other sources. For example, we may collect information about you from other users of our Services when they add a family tree, obituary, notice, eulogy, or other comments on a memorial. We also collect information from cemeteries regarding plot owners, such as the plot owner’s birthday, gender, and date of passing. Additionally, if you create or log into your EverArk account through a third-party platform (such as Google), we will have access to certain information from that platform, such as your name, Google ID, and email address, in accordance with the authorization procedures determined by such platform.  
​USE OF INFORMATION
 
We use the information we collect from or about you in various ways, including to provide, maintain, and improve the Services. We also use the information we collect to:

  • Develop new products and services, including to debug and repair errors in our Services;
  • Personalize your experience with us;
  • Send you technical notices, security alerts, support messages, and other transactional or relationship messages;
  • Communicate with you about products, services, and events offered by EverArk and others, and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
  • Monitor and analyze trends, usage, and activities in connection with our products and services;
  • Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of EverArk and others;
  • Comply with our legal and financial obligations;
  • Create de-identified, anonymized, or aggregated information; and
  • Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
 
We share personal information in the following circumstances or as otherwise described in this Privacy Policy:
  • We share personal information with vendors that access personal information to perform work for us, such as companies that assist us with web hosting, fraud prevention, customer service, analytics, and marketing and advertising.
  • If you share content on our Services, we share this information publicly with other users of our Services.
  • If you choose to use integrations we offer on our Services, such as sharing your location through our Google maps integration, we may share certain information with the integration partners.  
  • We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
  • We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of EverArk, the public, or others.
  • We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
  • We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
  • Personal information may be shared between and among EverArk and our future parents, affiliates, and subsidiaries and other companies under common control and ownership.
  • We share personal information with your consent or at your direction.
We also share aggregated or de-identified information that cannot reasonably be used to identify you.​
ANALYTICS 
 
We engage others to provide analytics services across the web and in mobile apps. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by EverArk and others to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.
YOUR CHOICES
​
Account Information
You may access, update, and correct certain account information at any time by logging into your account, or by emailing us at [email protected]. If you wish to remove your digital legacy from public view, you can hide your profile through the privacy settings on the Services and can choose to unpublish your memorial and/or funeral notice.  
Location Information
When you first launch our mobile app that collects precise location information, you will be asked to consent to the app’s collection of this information. If you initially consent to our collection of such location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. You may also stop our collection of this location information by following the standard uninstall process to remove our mobile app from your device.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.
For more information about interest-based ads, or to opt out of having your web browsing information collected via tracking technologies and used for behavioral advertising purposes, please visit www.aboutads.info/choices.
Communications Preferences
You may opt out of receiving promotional emails from EverArk by following the instructions in those communications or by sending us an email at [email protected]. If you opt out, we may still send you non-promotional emails, such as those about our ongoing business relations.
Mobile Push Notifications
With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Data Deletion
You may request to have your data deleted by contacting us at [email protected].  We will close your account and delete all data related to your account, including business and personal details. 
CONTACT US
 
If you have any questions about this Privacy Policy, please contact us at [email protected]. ​