Privacy Policy

FORGET ME NOT CEREMONIES INC. PRIVACY POLICY

Last Modified: August 15, 2022

ARTICLE 1 – INTRODUCTION

1. 1. Forget Me Not Ceremonies Inc. and our Affiliates (together referred to as “FMNC”, “we”, “us”, “our”) respect your privacy and are committed to safeguarding the Personal Information that we obtain from all users and potential users of our Website and Services (such users are referred to as “End Users”, “you”, “your”).

2. This Privacy Policy governs information Collected in the course of the provision of our Services made available on or through our website, https://forgetmenotceremonies.com, via our online platforms, or in any other manner or form as may be amended, expanded, updated, or introduced from time to time at our sole discretion (collectively, the “Website”).

3. This Privacy Policy describes how we Collect, Use, and Disclose your Personal Information. Please read this Privacy Policy carefully to understand our policies and practices relating to your Personal Information. This Privacy Policy does not govern Personal Information about our employees, which is addressed by internal FMNC policies.

4. FMNC recognizes the importance of obtaining consent where required by law for Collection, Use and Disclosure of Personal Information. By accessing or using the Website and/or Services or otherwise submitting your Personal Information to us, you consent to our Collection, Use and Disclosure of your Personal Information for the purposes and in the ways described in this Privacy Policy. If you do not agree with our policies and practices, you may choose not to use or engage with us or with our Website and Services.

5. If you have any questions about our Collection, Use, or Disclosure of Personal Information, please contact our Privacy Officer using the information provided in Section 1.

6. This Privacy Policy may change from time to time (see Article 13 below). Your continued use of this Website after we make changes indicates that you accept and consent to those changes, so please check the Privacy Policy periodically for updates.

7. The Website is not intended for children under 13 years of age who are resident in Canada (or under 16 years of age if a resident of Europe, or under 18 years of age if a citizen of United States of America). No one under such age may provide any Personal Information to or on the Website. We do not knowingly Collect Personal Information from children under such age. If we learn we have Collected Personal Information from a child under such age without parental consent, we will delete that Personal Information. If you believe we might have any Personal Information from or about a child under such age, please contact our Privacy Officer (see Section 1).

8. THIS DOES NOT APPLY IF YOU RESIDE IN THE PROVINCE OF QUEBEC. It is the express wish of the parties that this Privacy Policy be drawn up in English. Any translation of the Privacy Policy is provided solely for your convenience and is not intended to modify the Privacy Policy. In the event of a conflict between the English version of this Privacy Policy and a version in a language other than English, the English version shall prevail. Les parties ont exprimé la volonté expresse que la présente Politique sur la Protection de la Vie Privée soit rédigé en anglais. Toute traduction de cette Politique sur la Protection de la Vie Privée est uniquement fournie pour votre commodité et ne vise pas à modifier les modalités de cette Politique sur la Protection de la Vie Privée. En cas de conflit entre la version anglaise de cette Politique sur la Protection de la Vie Privée et une version dans une langue autre que l’anglais, la version en anglais prévaudra.

ARTICLE 2 – PERSONAL INFORMATION AND OTHER DEFINITIONS

2. 1. An “Affiliate” of FMNC is a person that controls, is controlled by or is under common control with FMNC, where “control” means to have direct or indirect ownership of more than 50% of the outstanding shares or equity of the person or of FMNC (as applicable).

2. “Collection” or “Collect” means the act of gathering, acquiring, or obtaining Personal Information from any source, including third parties, by any means.

3. “Disclosure” or “Disclose” means making Personal Information available to others, whether within FMNC, to our Affiliates, or to third parties outside of FMNC. For greater clarity, this could include sharing and/or selling Personal Information with and to others.

4. “End User”, “you” or “your” has the meaning provided in Section 1.1.

5. “FMNC”, “we”, “us” or “our” has the meaning provided in Section 1.1.

6. “person” includes an individual, a corporation, a partnership, a trust, an association, a joint venture, an unincorporated organization, and every other legal or business entity whatsoever.

7. “Personal Information” means any information about an identifiable individual. It can include but is not limited to an individual’s name, home address, phone number, email address, age, sex, gender, marital or family status, identifying number, financial information, educational history, technical information (including device and browser type), IP address, and location. Personal Information does not, however, include certain business contact information used for employment, business or professional purposes, nor does it include de-identified information used for statistical purposes.

8. “Service Provider” means any person we engage to assist us in delivering the Services. For greater clarity, this includes third parties who enter into a contractual relationship with FMNC to facilitate the Services; to provide the Services on behalf of FMNC; to perform services related to the Services; to assist FMNC in analyzing how the Services are used; to advise FMNC on how to better market and deliver the Services; to provide marketing and/or promotional services to FMNC; to Collect and/or process data on behalf of FMNC; and to help FMNC create industry partnerships so we can improve our Services. Examples of Service Providers include third-party marketing agencies who may assist FMNC with marketing efforts; and data analytics platforms, such as Google Analytics.

9. “Services” means the services we provide, including funeral and other ceremonial webcast services, the design and production of related “legacy” products (such as electronic and hard-copy memory books), and other related funeral and/or memorial services offered on or through the Website.

10. “Social Network Account” means any account affiliated with a dedicated website or other application, which enables users to communicate with each other by posting information, comments, messages and images (for example: Facebook, Instagram, Twitter, and any other equivalent or similar platforms existing now or in the future).

11. “Third Party Recipient” means any person who has entered into a contractual relationship with FMNC for marketing or promotional purposes in connection with services provided or offered by, through or on behalf of the Third Party Recipient. Examples of Third Party Recipients include insurance providers who offer funeral and funeral-related insurance products to individuals; the funeral/ceremonial service provider(s) who host a ceremony in respect of which you are an End User; and other funeral/ceremonial service providers.

12. “Use” means to handle or deal with the Personal Information or to apply the Personal Information for a purpose, and includes reproducing the Personal Information as well as Disclosing the Personal Information.

13. “Website” has the meaning provided in Section 1.2.

ARTICLE 3 – WHAT PERSONAL INFORMATION DO WE COLLECT?

3. 1. When you access or use our Services or otherwise interact with us, whether as an End User or other individual, we may Collect certain categories of Personal Information about you from a variety of sources, including through:

a) direct interactions with you when you provide your Personal Information to us (for example: by filling in forms or corresponding with us by phone, email, or otherwise);

b) automated technologies or interactions as you navigate through our Website;

c) the posts that you make on our Website; and

d) third parties or publicly available sources.

2. Categories of Personal Information that we may actively Collect from you directly include:

a) name;

b) age and/or date of birth;

c) sex and/or gender;

d) contact information (for example: email address, phone number, physical address and mailing address);

e) financial information (for example: credit card information, banking information, billing address and third-party payment account information);

f) account information (for example: username, passwords used to access the Website or Services, transaction history, interactions with the Website or Services, profile photos, communications and marketing preferences, and any other information provided within the account);

g) recruitment data (for example: resumes and other details regarding an applicant’s qualifications);

h) Social Network Account information (for example: when accessing our Website and/or Services, you may be given the option to link with one or more Social Network Accounts for sharing our Website or Services); and

i) any other information you directly provide to FMNC during your interaction(s) with us.

3. Categories of Personal Information that we may Collect automatically when you access our Website or use our Services include:

a) technical information about the devices you use to access the Services (for example: device type, operating system, browser type, IP address, cookies, time zone setting, language, and unique identifiers such as IDFA, Android Ad ID, IDFV and MAC address);

b) usage information, including information about your interaction with our Website or other online platforms (for example: search engine(s) and keywords used to find our Website, requested pages, referring pages, Website pages visited, Website log files, date and time of Website access, scrolling habits, search terms entered, frequency of visits, and pairing of devices to your account); and

c) location information (for example: location of the IP address, country and/or province/state/territory and/or city you are accessing the Website or Services from, and GPS coordinates if such functionality is enabled on your device).

4. We may also Collect the following categories of Personal Information from other sources, including from our Affiliates and third parties in connection with your use of the Services:

a) End User contributions, including tribute video data, data entered in register books and/or obituaries, posts, comments and photos.

5. Some Services will require payments by credit card, debit card, or other electronic means.

a) In order to make such payments, you will be required to provide certain information for identification and verification, such as your name, credit/debit/other card number, card expiration date and card security code.

b) Currently, payments for Services offered on or through the Website are processed using PayPal.

c) If you are directed to PayPal or any other third-party payment gateway to make a payment, the privacy policy, terms of use, refund policies, complaint mechanisms and any other applicable policies of the third party will govern any complaints or breaches in respect of Personal Information provided thereto. FMNC will not be responsible for any privacy breaches arising out of the use of a third-party website linked or directed through FMNC’s Website.

ARTICLE 4 – HOW WE USE YOUR PERSONAL INFORMATION

4. 1. We Collect the Personal Information that we need for the purposes of providing Services to, and interacting with, End Users, including the following purposes:

a) to deliver the Services and monitor their quality;

b) to receive payments for Services delivered;

c) to understand the needs and preferences of End Users and respond to their requests;

d) to conduct research and statistical analysis in respect of our Service offerings and/or End User profile;

e) to administer and enhance End Users’ relationship with us;

f) to manage and develop our business, including customization of our Services for current and future End Users and the creation of new industry partnerships;

g) to communicate with End Users in respect of actual and potential products and services offered by us and/or by others;

h) to allow you to participate in interactive features, social media, or similar features on our Website;

i) to comply with audit and legal requirements;

j) to engage in due diligence and carry out business transactions that may involve the purchase, sale, or transfer of Personal Information, including the purchase, sale, lease, merger, amalgamation and/or any other type of acquisition, disposal, securitization, or financing of a business or corporate person;

k) as otherwise provided for in this Privacy Policy; and

l) any other purposes for which we have consent in accordance with applicable laws.

2. We may also Use your Personal Information to contact you about our own and/or third parties’ goods and services that may be of interest to you, as permitted by law. If you do not want us to Use your Personal Information in this way, please use the unsubscribe mechanism at the bottom of our emails, or contact our Privacy Officer (see Section 1).

ARTICLE 5 – DISCLOSURE OF PERSONAL INFORMATION

5. 1. We may share your Personal Information internally, as well as with our Affiliates or other entities related to us, for Use and Disclosure in accordance with this Privacy Policy and/or as permitted or required by law. This means that, once you provide us with your Personal Information, any of our Affiliates and/or other related entities may Use your Personal Information as described in this Privacy Policy.

2. We may also share your Personal Information with our Service Providers and with Third Party Recipients, including by selling your information to Third Party Recipients for profit, for marketing purposes or otherwise in furtherance of the purposes described in this Privacy Policy. In doing so, we will use contractual measures to restrict such Service Providers and/or Third Party Recipients, as applicable, from using Personal Information other than for the contracted-for purposes and in accordance with applicable laws.

3. For greater clarity, but without limiting Section 2 above, one or more Service Provider(s) and/or Third Party Recipient(s) may be able to contact you after an event:

a) to thank you for your participation;

b) to request feedback about your experience; and/or

c) to give you the opportunity to consent to receiving future promotional, marketing and/or other communications from such Service Provider(s) and/or Third Party Recipient(s) regarding:

(i) the Services and/or other services offered by us; and/or

(ii) the services that such Service Provider(s) and/or Third Party Recipient(s) offer, including but not limited to funeral insurance products and funeral pre-arrangement services.

4. Without limiting Sections 2 and 5.3 above, FMNC may share your Personal Information with the funeral/ceremonial service provider(s) who host a funeral or other memorial ceremony in respect of which you are/were an End User. Such funeral/ceremonial service provider(s) may Use your Personal Information in accordance with the terms of this Privacy Policy, but only for the limited purposes specified in our contract with them, such as an initial email thanking you for using the Services to attend the ceremony and requesting your consent to receiving future promotional, marketing and/or other communications from them.

5. If we share your Personal Information with a Service Provider or a Third Party Recipient as described in this Privacy Policy, the contract that we enter into with the Service Provider or Third Party Recipient will require that person to:

a) include an “unsubscribe” link in its emails to you; and

b) remove you from its emailing list if you click such an “unsubscribe” link.

This means that, if you receive a promotional or marketing email from FMNC, from a Service Provider, and/or from a Third Party Recipient, and if you do not wish to receive such promotional or marketing emails in the future, you may:

(i) unsubscribe from and opt-out of such emails by clicking the “unsubscribe” link included in the email; or

(ii) contact our Privacy Officer using the information provided in Section 12.1.

Please note, however, that we cannot force a Service Provider or Third Party Recipient to unsubscribe you from its emails if you independently give the Service Provider/Third Party Recipient your consent to receiving such emails. Once you consent to receiving promotional, marketing and/or other communications from a Service Provider or from a Third Party Recipient, we will not be able to force such an entity to unsubscribe you from such communications if you decide, in the future, that you no longer wish to receive such communications from such an entity.

6. If some or all the business or assets of FMNC is/are sold (including sales in bankruptcy or liquidation where the business is not continuing as a going concern) or financed, Personal Information may be Disclosed under confidentiality restrictions for due diligence purposes or otherwise. If FMNC’s business or assets is/are sold or financed, Personal Information may be Collected, Used, or Disclosed by FMNC’s successor entity if the Collection, Use, or Disclosure is in accordance with this Privacy Policy. Should such a transaction result in a transfer of ownership in the Personal Information, the privacy policy of the assuming party will be made available on the Website and will govern your Personal Information. FMNC is not obligated to communicate such a transfer to you; however, FMNC shall update the Privacy Policy if required as a result of such a transaction or if otherwise required by law.

7. In addition to the above, we may share your Personal Information in the limited circumstances described below:

a) When You Agree or Direct Us to Share: You may authorize us to share your Personal Information with others, including third party payment gateways and other applications or platforms. For example, your Personal Information may be shared with appropriate third parties as necessary if you use our online store or contribution service. Collection, Use, and Disclosure of your Personal Information by any third party will be governed by said third party’s privacy policies and terms.

b) For External Processing: We are likely to transfer Personal Information to our Affiliates, Service Providers, and other partners who process the Personal Information for us, by and under our instructions, and in compliance with this Privacy Policy, using appropriate confidentiality and security measures. This may occur in connection with customer support, information technology, payment processing, sales, marketing, data analysis, research, and surveys.

c) For Legal Reasons or to Prevent Harm: We may preserve or Disclose Personal Information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of Services, or the physical safety of any person.

8. If any legal process (such as a search warrant, disclosure request, court order or subpoena) is initiated that requires Disclosure of your Personal Information, we shall notify you of the same, except if we are prohibited by law from notifying you. Where a court order specifies a non-disclosure period, we will provide delayed notice after the expiry of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances (for example: when there is an emergency involving a danger of death or serious physical injury to a person).

9. We may share non-Personal Information that is aggregated, redacted or de-identified so that it cannot reasonably be used to identify an individual. We may Disclose such non-Personal Information publicly and to third parties (for example: in public reports about use of our Services, and to our business partners).

ARTICLE 6 – CONSENT AND WITHDRAWAL

6. 1. FMNC shall seek your consent to Collect, Use, and Disclose your Personal Information, to the extent required by law. FMNC will assume you consent to us Collecting, Using and Disclosing your Personal Information, as permitted by law, if you choose to provide such Personal Information to FMNC for reasonable purposes associated with our Services.

2. We Use and Disclose Personal Information only for the purposes for which the Personal Information was Collected, as described in this Privacy Policy, except as authorized or required by law. By consenting to this Privacy Policy, you consent to our Collection, Use, and Disclosure of your Personal Information in the ways described in this Privacy Policy.

3. If we wish to Collect, Use, or Disclose your Personal Information in any way or for any new purpose not included in this Privacy Policy, we will ask for your consent to do so (including by updating our Privacy Policy in accordance with Article 13 below), unless consent is not required by the applicable law.

4. Where you have provided your consent to the Collection, Use and Disclosure of your Personal Information, you also have the legal right to withdraw and modify your consent, whether in whole or in part. To do so, please contact our Privacy Officer (see Section 1). Please note that any withdrawal or modification of consent could prevent us from being able to provide you with certain products or services. For example, without your email address, we would be unable to email you a link to a funeral service or ceremony. The impact of your decision will be explained to you when you contract our Privacy Officer to help you with your decision.

ARTICLE 7 – LOCATION, SAFEGUARDING AND RETENTION OF PERSONAL INFORMATION

7. 1. FMNC processes and stores Personal Information at 225 Alison Blvd, Fredericton, NB E3C 2S5.

2. The security of your Personal Information is important to us. We use physical, electronic, contractual and administrative measures appropriate for the sensitivity of the Personal Information and designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We may use Service Providers and personnel to adopt and maintain the appropriate level of security and to help prevent any loss, misuse or unauthorized modification. Such Service Providers and personnel will be required to comply with privacy laws and with this Privacy Policy.

3. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

4. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

5. We keep your account/login information for as long as your account/login is in existence, or as may be required to operate your account. In some cases, when you give us information specifically for a feature of the Services, we delete the data after it is no longer needed for the feature. We also keep Personal Information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in this Privacy Policy.

6. We retain Personal Information only so long as is reasonable to fulfil the purposes for which the Personal Information was Collected or for legal or business purposes. We use appropriate security measures when destroying Personal Information, including shredding any paper records and permanently deleting electronic records.

7. We may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

ARTICLE 8 – EDITING OR DELETING DATA

8. 1. FMNC makes every reasonable effort to ensure that your Personal Information is accurate and complete. We rely on End Users to notify us of any changes to their Personal Information that may affect their relationship with us. If you are aware of an error in the Personal Information we have about you, please let us know by contacting our Privacy Officer (see Section 1) or our customer service personnel (if available and applicable), and we will correct it at your request on all our databases where reasonably possible. In some cases, we may ask for a written request for correction and/or request specific information from you to help us confirm your identity and your right to access the Personal Information.

2. Your account/login settings (if available) let you change and delete your Personal Information. For instance, you can edit or delete your data you provide and delete your account if you wish. You may also contact our Privacy Officer (see Section 1) for this purpose. 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.

3. If you choose to delete your account, please note that while most of your Personal Information will be deleted within 30 days, it may take up to 90 days to delete all your Personal Information, as of the date recorded by FMNC and its backup systems, due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm.

4. By law you have the right to request access to and to correct the Personal Information that we hold about you. However, please be aware that FMNC may not be able to provide access to information that constitutes confidential commercial information, that was Collected in respect of the investigation of a breach of an agreement or of law, that is generated in respect of dispute resolution, or that otherwise may be withheld as permitted or required by law, or that may be subject to lawyer-client privilege or any other similar form of privilege. To access and/or correct the Personal Information we hold about you, please contact our Privacy Officer (see Section 1).

5. If you delete comments, photos or other information that you have previously posted to our Website in a manner viewable to other End Users, copies of such postings may remain viewable in cached and archived pages or might have been copied or stored by other End Users or other persons. Please note that such posts are made at your own risk, and that we cannot control the actions of other users of the Website.

ARTICLE 9 – INTERNATIONAL OPERATIONS AND DATA TRANSFERS

9. 1. We operate internationally and may process, store and transfer your Personal Information to other countries where we operate for the purposes described in this Privacy Policy. By submitting your Personal Information or engaging with the Website, you consent to such transfer, storage, or processing.

2. The privacy and data protection laws of a foreign country may or may not be as comprehensive as the laws of your country. In these circumstances, the governments, courts, law enforcement agencies or regulatory agencies of the foreign country may be able to obtain access to your Personal Information through the laws of that country. You agree to this risk when you use the Website and/or our Services.

3. General Data Protection Regulation. FMNC does not intend to Collect, Use, or Disclose Personal Information or otherwise monitor the Personal Information of End Users who visit the Website or use the Services from the European Union (the “EU”). We have put safeguards in place to ensure that we do not obtain the Personal Information of End Users located in the EU. If we do end up Collecting Personal Information from the EU, we will take immediate action to safely dispose and destroy that Personal Information as soon as we are notified that we are in possession of Personal Information from the EU. If you believe that we have Collected, Used, or Disclosed Personal Information from the EU, please notify our Privacy Officer immediately (see Section 1).

4. We may transfer Personal Information to Service Providers, other third parties we use to support our business, and/or Third Party Recipients. Such transferees will be contractually obligated to:

a) keep Personal Information confidential;

b) use Personal Information only for the purposes for which we Disclose it to them;

c) process Personal Information with the same standards set out in this Privacy Policy; and

d) maintain privacy and security standards that adhere to this Privacy Policy and applicable privacy legislation.

5. Service Providers and personnel are required to comply with privacy laws and with this Privacy Policy. We may use Service Providers in Canada, the United States of America, and/or elsewhere. It is always possible that, despite our safeguards, your Personal Information may be or become accessible to law enforcement and national security authorities of the jurisdictions where our Service Providers are located.

ARTICLE 10 – CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

10. 1. Supplemental to the above, the following additional information pertains to California residents only:

a) Collection and Use of Personal Information:

(i) Categories of Personal Information Collected about California residents in the past 12 months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet, or other electronic network activity information, professional or employment-related information, and education information.

(ii) Categories of Personal Information Disclosed for a business purpose about California residents in the past 12 months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet, or other electronic network activity information, professional or employment-related information, and education information.

b) As a California resident, you have the following rights with respect to your Personal Information:

(i) You have the right to request to know about Personal Information is Collected, Disclosed, or sold.

(ii) You have the right to request the deletion of Personal Information.

(iii) You have the right to opt-out of the sale of your Personal Information at any time.

(iv) Finally, you have the right to not be discriminated against because of your decision to exercise your privacy rights. Accordingly, unless permitted by law, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you a different level or quality of good or services, or suggest you will receive a different price or rate for goods or services or a different level or quality of goods or services.

c) To exercise your rights, you may contact us using the contact information provided in Section 12.1. To fulfill your request, we may require additional Personal Information for purposes of verifying your identity. If you make a request through an authorized agent, we may require additional information to verify your authorization of the agent.

ARTICLE 11 – THIRD-PARTY WEBSITES

11. 1. Our Website and platforms may contain links to third-party websites, services and platforms. We do not endorse or otherwise accept responsibility for the content or privacy policies of third-party websites, services, and platforms. You should carefully review the privacy statements and other terms of use for such websites, services and platforms. Please be aware that third-party websites, services and platforms may Collect, Use and Disclose Personal Information in a very different manner from FMNC, so you cannot assume that their privacy policy is similar to ours. We encourage you to read the privacy policy of every website you visit.

ARTICLE 12 – WHERE AND HOW TO CONTACT US

12. 1. If you wish to file a complaint, make an inquiry regarding or obtain access to your Personal Information that we may hold, withdraw consent, or edit your Personal Information, or if you have questions, comments and/or requests regarding this Privacy Policy and our privacy practices, please contact us at:

Forget Me Not Ceremonies Inc.
Prospect Plaza Post Office Box 30106
Fredericton, New Brunswick E3B 0H8
Attn:    Privacy Officer – Travis Avery
email: legal@fmnceremonies.com

ARTICLE 13 – CHANGES TO THIS PRIVACY POLICY

13. 1. We regularly review our Privacy Policy and procedures and this Privacy Policy may be changed from time to time. We include the date the Privacy Policy was last revised at the top of the page. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes.

2. It is our policy to post any changes we make to our Privacy Policy on this page, with a notice that the Privacy Policy has been updated on the Website home page. If we make material changes to how we treat End Users’ Personal Information, we will notify you through a notice on the Website home page.