Privacy Policy

Effective Date: December 3, 2024

Forever In Our Hearts Pty Ltd (ABN 17 681 105 368) (“Company,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information when you use our website, services, and associated products, including digital memorials (“Memorials”), QR codes, and branded business offerings.

By accessing or using our services, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with the terms outlined herein, please do not use our services.

Definitions

1.1 Personal Information: Information or an opinion about an identified individual, or an individual who is reasonably identifiable.

1.2 Sensitive Information: A subset of personal information that includes information or an opinion about an individual’s racial or ethnic origin, health information, religious beliefs, and other sensitive data as defined under the Privacy Act 1988 (Cth).

1.3 User: Any individual or entity accessing our services.

1.4 Memorial Creator: A User who creates or manages a digital memorial.

1.5 Tribute Poster: A User who posts a tribute, signs a guestbook, or interacts with a memorial.

1.6 Business Subscriber: A business entity subscribing to our services for branding or reselling memorials or displaying upcoming/past services.

1.7 Content: Any text, images, videos, or other media uploaded by Users.

Collection of Personal Information

2.1 Information You Provide Voluntarily:

Account Registration: When you create an account, we collect personal information such as your name, email address, and contact details.
Memorial Content: Information about the deceased, including name, date of birth, date of passing, photos, and any other content you choose to upload.
Tributes and Guestbook Entries: Messages or content you post on memorial pages.
Business Information: For Business Subscribers, company name, ABN, contact person, and billing information.

2.2 Information Collected Automatically:

Usage Data: We collect information on how you access and use our services, including your IP address, browser type, pages visited, and the date and time of each visit.
Cookies and Similar Technologies: We use cookies and other tracking technologies to enhance your experience. Please refer to our Cookies Policy for more details.

2.3 Information from Third Parties:

We may receive information about you from third parties, such as social media platforms, if you choose to link your account.

2.4 Sensitive Information:

We may collect sensitive information when it is necessary for providing our services, such as information about the deceased’s religious beliefs for memorial purposes. We will obtain your consent when required by law.

Use of Personal Information

3.1 Providing Services:

To create and manage accounts and memorials.
To facilitate tributes and guestbook interactions.
To process transactions and send related information, including confirmations and invoices.

3.2 Communication:

To send administrative information, such as changes to our terms, conditions, and policies.
To respond to inquiries, comments, or feedback.

3.3 Personalization:

To tailor content and features to your preferences.

3.4 Analytics and Improvements:

To monitor and analyse usage and trends to improve user experience.
To develop new features and services.

3.5 Legal Obligations:

To comply with legal and regulatory requirements.
To enforce our Terms and Conditions.

Disclosure of Personal Information

4.1 Third-Party Service Providers:

We may share your information with third-party vendors who perform services on our behalf, such as hosting providers, payment processors, and email communication services.

4.2 Business Transfers:

In the event of a merger, acquisition, or sale of assets, your information may be transferred. We will notify you of any such change in ownership.

4.3 Legal Requirements:

We may disclose your information if required to do so by law or in response to valid requests by public authorities.

4.4 Consent:

With your explicit consent, we may share your information for purposes not covered in this Privacy Policy.

International Data Transfers

Your information may be transferred to—and maintained on—servers located outside of your state, province, country, or other governmental jurisdiction where data protection laws may differ.
By providing your information, you consent to such transfers in accordance with this Privacy Policy.

Data Security

6.1 Security Measures:

We implement reasonable administrative, technical, and physical security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction.

6.2 Encryption:

Sensitive data, such as payment information, is encrypted during transmission using secure socket layer (SSL) technology.

6.3 Account Security:

You are responsible for maintaining the confidentiality of your account credentials. Please notify us immediately of any unauthorized use of your account.

6.4 Notifiable Data Breaches:

In the event of a data breach that is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by the Notifiable Data Breaches scheme.

Data Retention

7.1 Retention Period:

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

7.2 Deletion of Data:

Upon request or account closure, we will take reasonable steps to delete or de-identify your personal information, unless retention is required by law.

Your Rights and Choices

8.1 Access and Correction:

You have the right to access the personal information we hold about you and to request corrections if it is inaccurate or incomplete.

8.2 Data Portability:

You may request a copy of your personal information in a structured, commonly used, and machine-readable format.

8.3 Deletion:

You may request the deletion of your personal information, subject to certain exceptions under the law.

8.4 Withdrawal of Consent:

If we are processing your personal information based on your consent, you have the right to withdraw your consent at any time.

8.5 Opt-Out of Marketing Communications:

You may opt out of receiving promotional emails by following the unsubscribe instructions provided in those emails or by adjusting your account settings.

8.6 Exercising Your Rights:

To exercise any of these rights, please contact us at contact@foreverinourhearts.com.au.

Children’s Privacy

9.1 Age Restrictions:

Users must be at least 18 years old to create an account or use our services independently.

9.2 Parental Consent:

Users under 18 must have verifiable parental or guardian consent to interact with the platform.

9.3 Memorials for Minors:

If memorials are created for minors, the creator must have the authority to do so and must comply with applicable laws regarding the use of minors’ information.

Cookies and Tracking Technologies

10.1 Use of Cookies:

We use cookies and similar tracking technologies to enhance your experience, analyse usage, and for security purposes.

10.2 Types of Cookies Used:

Essential Cookies: Necessary for the operation of our website.
Analytics Cookies: Help us understand how users interact with our site.
Preference Cookies: Remember your preferences and settings.

10.3 Managing Cookies:

You can manage your cookie preferences through your browser settings. However, disabling cookies may affect the functionality of our services.

Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices of such sites. We encourage you to read the privacy policies of every website you visit.

International Users

If you are accessing our services from outside Australia, please be aware that your information may be transferred to, stored, and processed in Australia or other countries where our servers are located.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any significant changes by posting the new Privacy Policy on this page and updating the “Effective Date” at the top.
For significant changes, we may also provide additional notice, such as sending an email notification or placing a prominent notice on our website.

Complaints and Disputes

14.1 Lodging a Complaint:

If you believe we have breached the Australian Privacy Principles or mishandled your personal information, please contact us at contact@foreverinourhearts.com.au.

14.2 Resolution Process:

We will acknowledge your complaint promptly and aim to resolve it within a reasonable timeframe.

14.3 Contacting Regulatory Authorities:

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC).

Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us:

Forever In Our Hearts Pty Ltd

Website: foreverinourhearts.com.au
Email: contact@foreverinourhearts.com.au

By using our services, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

Privacy Policy