This notice describes the Privacy Policy of Endless Memorials (“we, us, or our”). By using our services, creating or using an online account, purchasing products, or agreeing to send or receive electronic communications (collectively “Services”), you accept the terms described in this Privacy Policy, as they may be modified from time to time. This Privacy Notice does not cover information you provide to independently owned and operated 3^rd party retail stores. This Privacy Notice also does not cover personal information that we collect about employees, job applicants, and contractors relative to their employment or engagement with us.

General Audience

You must be 18 years or older and the age of majority in your place of residence to use, subscribe to, or register for the Service as a member. The Service is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children. If you are a parent or guardian of a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice.

ADA Accessibility Guidelines

Data Collection

We collect information, including personal details, primarily to communicate with you and facilitate your orders or other business transactions. Additionally, we utilize this data to enhance our products and customer service, tailor your shopping experience, and notify you, as well as your gift and message recipients, about exclusive offers and discounts from Endless Memorials and select third parties. Our handling of your personal information is justified based on the following principles:

– Necessity for fulfilling a contractual agreement with you or initiating contractual steps at your request.
– Obligation to adhere to relevant legal requirements.
– Pursuit of legitimate interests, balanced with your rights and interests, particularly our legitimate interest in utilizing relevant data to advance our business endeavours.
– Consent provided by you for the processing of your information.

Collection of Personal Information

If you create an account on our website, you will create user credentials, such as a user ID and password. All passwords are encrypted before being stored in our database. Endless Memorials cannot view passwords. Therefore, if you forget your password, we cannot send it to you via email or provide it to you by other means. If you forget your password, the “password reset” option on the website allows you to reset your password.

If you purchase any products or services through the website, your purchase is processed through a secure third-party payment processing system. Endless Memorials does not have access to or store any of your payment or financial information, including credit card numbers.

Depending on your interactions with us, we may gather some or all of the following data:

– Contact and personal details: your name, address, postal code, phone number, email address, user ID, gender, birth date, and any indicated interests;
– Billing Information: This includes credit/debit card information (number, expiry date, CVV code), alternative billing details, and billing address;
– Purchase specifics: Details of purchased products, occasion types and dates (e.g., holidays, anniversaries), and any associated promotional or gift card codes;
– Gift-related particulars: This involves recipients’ names, addresses, phone numbers, birthdates, email addresses, and included gift messages;
– Device details: Information about the devices used to access our services, including platform details, user identification numbers, and general device locations;
– Application data: Insights into the usage of your applications, including frequency and duration of use;
– Network insights: This encompasses IP addresses, network carriers, country codes, browsing behaviour, and interactions with our services;
– Additional data is provided through participation in our forums or User Submissions. Additionally, if you have an account on our platform, you may elect to include contact details in your Address Book for individuals to whom you plan to send gifts or expressions, and opt to receive reminders about important dates associated with them. It’s important to note that other users do not have access to view or edit your Address Book entries.

Technical Information

When you use our website, Endless Memorials automatically receives and records technical information on our server logs from your browser or mobile platform, including your location, IP address, and cookie information.

We gather your information through various means, including when you:

– Visit our Website or utilize our Service
– Interact with our emails
– Make a purchase or receive a gift
– Participate in various activities such as forums, surveys, contests, promotions, and content submissions
– Seek assistance from our customer service team
– Attend our facilities or events
– Request catalogues or other information
– Participate in other accessible activities, services, products, and resources

This information may be provided directly by you, such as when placing an order or participating in a survey. Additionally, certain device and usage information may be automatically collected, including IP addresses, browser type, device details, internet service provider (ISP), page views, operating system, timestamp, and session data as you interact with our Website or mobile applications. This data is analyzed for trends and to administer the Website, even if a process like an order or registration is initiated but not completed or is subsequently cancelled.

We may obtain information about you from third-party sources such as social media platforms, data co-ops, and commercial data providers.

Some of the tools we use to automatically collect information about you include:

1. Cookies. A “cookie” is a small data file transmitted from a website to your computer’s hard drive. Endless Memorials may use cookies on our websites to provide you with services and features. For example, we use cookies to make sure that you, and only you, can view your scores from our surveys and never contain any Personal Information about you. In some cases, we may also use cookies to monitor your interaction with our advertising campaigns. These cookies will be delivered by a third party website but will provide us with information when you visit our website. Endless Memorials uses session cookies, which do not stay on your computer after you close your browser or log off the site. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting your browser’s preferences. Several features on our websites require cookies to operate correctly. Turning off cookies affects your experience on our website.
2. Embedded Web Links. Links provided in our emails and some cases on third-party websites may include tracking embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows Endless Memorials to understand how the link is used.
3. Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and report activity back to a web server, allowing us to understand some of your behaviour. If you choose to receive emails from Endless Memorials, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and what time and date you do. Some of our marketing partners may use Web Beacons to track your interaction with online advertising banners. We do not control such third parties or their privacy practices. If you do not want third parties to be able to use such methods, you can modify your browser settings relating to cookies.
4. Do Not Track Disclosure. We do not track website visitors over time or across third-party websites to provide targeted advertising. Therefore, our website does not operate any differently when it receives Do Not Track (DNT) signals. The information we collect automatically is statistical data and does not include personal data.

A trusted third-party partner is Google Analytics. The website sends aggregated, non-personal Information to Google Analytics to provide Endless Memorials the ability to conduct technical and statistical analysis of the website’s performance. For more information on how Google Analytics supports the website and uses information sent from the website, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.

Targeted Advertising

When you utilize our Service, we or other companies may collect data for targeted advertising purposes. These companies may display tailored advertisements within our Service, guided by the Self-Regulatory Principles for Online Behavioral Advertising overseen by the Digital Advertising Alliance.

Advertising Across Third-Party Platforms

Advertisements promoting our products and services might appear on various third-party websites across the internet. These ads could be based on your previous interactions with our Service and on other websites and services. For instance, if you’ve shown interest in gift baskets on certain sites, you may encounter ads for our gift baskets elsewhere. This practice, known as targeted advertising or interest-based advertising, isn’t under our control, including how data about your online activities is collected and utilized.

Opting Out of Targeted Advertising

 You have the option to opt out of having your data collected, used, or shared for targeted advertising by specific companies. You can do so through the opt-out links provided at About Ads Opt-Out https://optout.aboutads.info  or Network Advertising Opt-Out https://optout.networkadvertising.org/ . Opting out means you’ll still see generic ads, but they won’t be personalized based on your behavioural data. This opt-out process involves setting an opt-out cookie for each browser and device, so if you clear your cookies or switch devices, you’ll need to repeat the opt-out process.

Third-Party Data Collection and Analytics

We may collaborate with third-party entities to collect data about your website and app usage over time for purposes other than advertising, in accordance with their privacy policies. Third-party analytics tools like Google Analytics help us aggregate and analyze anonymous user information. To learn more about Google Analytics and opt-out options, visit Google’s Privacy Policy www.google.com/policies/privacy/partners/  and the Google Analytics Opt-Out http://tools.google.com/dlpage/gaoptout  page.

Processing Information on Behalf of Other Businesses

 At times, our Company and Affiliates may act as data processors rather than controllers. In these instances, we process personal information provided by other businesses to facilitate gift delivery. Our processing activities are governed by the privacy statements of the relevant controllers and our agreements with the businesses or entities utilizing these programs.

Using Personal or Technical Information

Endless Memorials uses your personal information to provide Services to you and communicate with you concerning Endless Memorials. We do not give or sell your personal information to advertisers or any other third parties. Endless Memorials uses your technical information to personalize and deliver our Services and promote safety, integrity, and security in the use of our Services.

Limited Right to Share Personal Information

We reserve the right to utilize the information we collect and process for various lawful commercial or business purposes. These purposes include communicating with you, processing orders, enhancing our products and services based on your feedback, conducting research (such as analyzing statistics on popular products), and providing a more personalized shopping experience. We may employ your information, as we deem necessary or appropriate, to operate the Service, address your inquiries, process orders or registrations, safeguard the Service, the Company, and others, and prevent fraud, theft, and misconduct.

We retain the option to merge information received about you through our Service with data from our Affiliates and third parties. This combined information is utilized to enrich and customize your shopping interactions with us (e.g., maintaining an updated profile) and to communicate with you in accordance with this Privacy Notice. Additionally, we may use your personal information for purposes outlined at the time of collection or with your consent, as required by applicable law.

We may utilize or share your data with both affiliated and unrelated third parties for the aforementioned purposes. In compliance with applicable law, we may also utilize and share deidentified data without restriction, ensuring that such data remains in deidentified form—we refrain from attempting to reidentify such data unless necessary for confirming its appropriate de-identification.

Affiliate Data Sharing

We may share your information with our partners for their own business purposes (ex. sending you special offers). Those partners have to follow the rules laid out in this Privacy Notice. Here’s the kind of information we might share:

1. Contact Details: This includes your name, address, phone number, email, birthday, gender, and social media handles.
2. Payment Info: Credit or debit card number, its expiry date, the security code, and any other billing details you provide.
3. Purchase Details: Products bought from us, when you bought it, and if you’ve used any promo codes or gift cards.
4. Gift Information: If you’re sending a gift, we’ll share the recipient’s name, address, phone number, email, and any message you want to include with the gift.
5. Device Details: We’ll know what kind of device you’re using to access our services, like if it’s a computer or a mobile phone. We might also know your device’s general location.
6. App Info: If you use our app, we might gather info on which features you’re using and how often you’re using them.
7. Network Details: This includes your IP address, who your network carrier is, and where in the world you’re browsing from.
8. Other Info: If you participate in our online forums or submit content, we might keep that info too, as per our Terms of Use. We handle your information with care and only use it to improve our services to you.

Correcting or Erasing Your Personal Information

If any personal information you have provided to Endless Memorials changes or is incorrect, you may request that we correct such information by notifying at legal@endlessmemorials.com. Likewise, if you want your personal information to be erased from our records, you have the right for your personal information to be deleted from our active systems. Please email a request to support@endlessmemorials.com. Your personal information will be deleted from our active systems within five business days of receiving your request; however, your personal information will be retained on our backup systems until deleted per our regular backup retention practices. If we need to restore information from a backup to our active systems, we will delete your personal information from the records restored to our active systems.

Administrator Access 

Endless Memorials has access to view and manage all user profiles registered on our website. This means that we may have access to your personal information, including your name, email address, and any other information that you have provided.

Please note that we take the privacy and security of your information very seriously, and we will only access and use this information for the purposes of maintaining and improving our website and providing better services to our users.

If you have any concerns or questions regarding the access that we have to your profile, please do not hesitate to contact us at legal@endlessmemorials.com. We are committed to transparency and ensuring that your privacy is protected at all times.

Protecting Children

The products and services at Endless Memorials are not marketed or offered to, and not intended for, and should not be used by, any children under the age of 13. Endless Memorials will not knowingly collect any information from individuals under the age of thirteen. Using our Services, you represent that you are over the age of 13 and old enough to consent to the processing of your personal data in your country or that your parent or guardian gives consent on your behalf. If information is inadvertently collected for children under the age of 13, we will delete such information if we are notified or otherwise aware of it. The Children’s Online Privacy Protection Act (COPPA) protects children under the age of thirteen from the online collection of personal information. Learn more about COPPA on the Federal Trade Commission’s website at https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy.

Linking and Framing to Other Websites and Websites

Our website and other electronic communications from Endless Memorials may display links and frames to other sites. Once you enter a third-party website or a portion of a third-party site that is framed within our website, you agree that Endless Memorials is not responsible for these other sites’ privacy practices. Endless Memorials encourages you to look for and review the privacy statements of each website that you visit.

Endless Memorials does not represent, warrant, or endorse expressly or impliedly as to any information, services, products, or messages on any third-party websites which may be accessed through the Endless Memorials website. In particular, these links and frames are for your convenience only. They are not an endorsement by Endless Memorials of the organization or individual operating the website or a warranty or endorsement of any type regarding the website or the information, services, products, or messages posted on or available from such website.

E-Communications from Endless Memorials

Endless Memorials may send you emails or other electronic communications regarding us or our Services. These electronic communications will be sent to the email address that you provide to us. Should you wish to cease receiving these electronic communications, you can opt out via the instructions at Endless Memorials.

Endless Memorials will never send you an email requesting your password, credit card number, or social security number. If you receive a message that looks like it is from Endless Memorials but asks you for these, it is a fraudulent email or “phish.” We recommend you report it to the proper authorities.

Dispute Resolution

If you have any complaints regarding our compliance with this Policy or a Privacy Shield-related or general privacy-related complaint, you should first contact us. We will investigate and attempt to resolve complaints and disputes regarding the use and disclosure of Personal Information per this Policy.

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in Endless Memorial’s Privacy Policy. It applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), and any terms defined in the CCPA have the same meaning when used in this notice.

A. Information We Collect

The Endless Memorials website (the “Website”) collects information that identifies, relates to, describes, references can be for, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, the site has collected the following categories of personal information from its consumers within the last 12 months:

• Identifiers
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Protected classification characteristics under California or federal law
• Commercial information
• Internet or other similar network activity
• Geolocation data
• Inferences drawn from other personal information

Endless Memorials obtains the categories of personal information listed above:

• Directly from you, for example, from forms you complete or products and services you purchase;
• Indirectly from you, for example, from observing your actions on our site; and

B. Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to aid new product orders
• To provide, support, personalize, and develop our site, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To support you and respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses.
• To personalize your site experience.
• For surveying, research, analysis, and product development, including to develop and improve our site, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise outlined in the CCPA.

Endless Memorials will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without notifying you.

C. Sharing Personal Information

Endless Memorials may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Subsidiaries and affiliates
• Contractors and service providers
• Data aggregators
• Third parties with whom we partner to offer products and services to you
• Transfer of Ownership

We may, from time to time, expand, reduce or sell our business, and this may involve the transfer of certain divisions or the whole business to other parties. Your Personal Data will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use your Personal Data for the purposes for which it was supplied by you.

G. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

H. Access to Specific Information and Data Portability Rights

You have the right to request that Endless Memorials disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained

F. Deletion Request Rights

You have the right to request that Endless Memorials delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech and ensure another consumer’s right to exercise their free speech rights or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
6. Enable solely internal uses reasonably aligned with consumer expectations based on your relationship with us.
7. Comply with a legal obligation.
8. Make other internal and lawful uses of that information compatible with the context in which you provided it.

G. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us. Only you, or a person registered with the California Secretary of State whom you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice in 12 months.

The verifiable consumer request must

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

H. Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of receipt. If we need more time (up to 90 days), we will inform you of the reason and extension in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12 months preceding the verifiable consumer request’s receipt. The response we provide will also explain why we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and allow you to easily transmit the information from one entity to another.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

I.  Personal Information Sales Opt-Out and Opt-In Rights

You have the right to request that we do not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we know are younger than 13 years of age unless we receive affirmative authorization (the “right to opt-in”) from the consumer’s parent or guardian.

Consumers who opt into personal information sales may opt out of future sales at any time.

J. Nondiscrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny your goods or services;
• Charge you different prices or rates for goods or services, including granting discounts or other benefits or imposing penalties;
• Provide you with a different level or quality of goods or services; or
• Suggests that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

K. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our site who 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 contact us.

Changes to this Policy

If we change this Policy, it will be posted on this page. You can get to this page from any of our websites by clicking on the Privacy Policy link. We will always date these changes, so you know if you are looking at a changed version.

Questions or Comments

If you have any questions or comments about Endless Memorials, its Services, or this Privacy Policy, please contact us.

Address: Los, Angeles, CA
Email: support@endlessmemorials.com
Effective Date: April 15, 2024