Your privacy is important to us. IVORYSAFE LLC (“IvorySafe”, “us”, “our”, and “we”) has prepared this Privacy Policy (“Policy”) to explain the information we collect when you use our website or app, and our other products and services (collectively referred to in this Policy as the “Site”), how we use that information, and your choices about that information. In addition, you may choose to use the Site to share Deposit Materials with your Emergency Contacts. This Policy applies to persons who (i) open an Account or upload Deposit Materials to the Site (“Subscribed Users”), (ii) are authorized by a Subscribed User to have access to Deposit Materials (“Emergency Contacts”); or (iii) otherwise use or attempt to use the Site (collectively, “Users”, “you” and “your”).

We suggest you read this Policy in conjunction with our Terms of Use. This Policy is incorporated into our Terms of Use, and these two documents collectively govern your use of our services. Capitalized terms used in this Policy and not otherwise defined will have the meaning set forth in the Terms of Use. If you have any questions about this Policy or any other aspect of our policies and services, please contact us at privacy@ivorysafe.com.

This Policy covers the activities of IvorySafe only. This Policy does not apply to the practices of companies that we do not own or control, including credit card processors or other third-party websites.

1. COLLECTION OF INFORMATION

Registration Information

When you create an account (“Account”) as a Subscribed User, or register as an Emergency Contact, we may collect certain information (“Registration Information”) about you, including but not limited to:

  • Name;
  • User name;
  • Email address;
  • Phone numbers;
  • Residential addresses; and
  • Date of birth.

You will also be required to create a password in connection with your user registration. Once you register, you will be able to review and change your Registration Information and password at any time by logging in to IvorySafe and clicking on Settings. It is your responsibility to ensure that your Registration Information details are kept up to date. The information we collect helps to enhance the Services and authenticate our Users.

Deposit Materials.

The purpose of the Site is to allow Subscribed Users to store digital copies of personal information and other records such as financial, legal, health, investment and estate records in a fully-encrypted manner. We do not access or use Deposit Materials. However, we may keep track of the date and time deposits are made, the size of the deposit, and what types of documents and records have been uploaded.

Emergency Contacts.

Subscribed Users may invite third parties, known as "Emergency Contacts", to view and/or download content and records included in the Subscribed User’s Deposit Materials. Subscribed Users are responsible for providing the name, email address, and telephone number of his or her Emergency Contacts, who are then required to register before being given access to the Deposit Materials. When you provide the personal information of someone else through our shared access functions or within your estate plan documents, you assert that you have obtained that person’s consent to share their personal information with us. Please do not share the personal information of anyone without their consent or permission. We will use information you have shared on behalf of someone else in accordance with this Policy.

Device and Internet Activity Information

We may collect information about your device when you use the Site including the unique device identifier, IP address, advertising identifier, device model, operating system, and MAC address, for a number of purposes, as set out in this Policy. We may collect the following information about you to improve our Services:

  • Internet or electronic network activity information, such as information about your device and your use of our Services, as well as how often you are online.
  • Inferences we draw or derive about you, such as your interests or preferences.

When You Contact Customer Support

If you contact our Customer Support team by emailing support@ivorysafe.com, we will receive your name, telephone number, and/or email address as well as the information you send to us to help resolve your query.

Payment Information

For Subscribed Users, a valid credit card number, type, expiration date, security code, name and billing address (collectively, "Payment Information") is collected, stored, used and processed by our third-party payment processing company, and not by us.

You acknowledge that all payments for Services offered by us are managed by an online payment platform serviced by Stripe or another third party payment provider. You must enter your credit card information directly on the online payment provider’s secure website. We do not collect credit card information, and we are not permitted to access this information during payment. You agree that we shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Service and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Service according to your individual interests.
  • Speed up your searches or interactions with the Site.
  • Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts or features of our Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

2. USE OF YOUR INFORMATION

What We Do with the Information We Collect

We use your personal information for:

Service delivery. We use your personal information to provide our Service, including to:

  • Provide, operate and improve the Site and our business.
  • Create, maintain, and authenticate your Account and Registration Information.
  • Process your payments (through third-party vendors) and complete transactions with you.
  • Communicate with you, including by sending announcements, updates, security alerts, and support and administrative messages.
  • Understand your needs and interests, and personalize your experience with the Site and our communications.
  • Provide support for the Site, and respond to your requests, questions, and feedback.
  • Conduct analytics and research on who is using IvorySafe and what they are doing. For example, by logging how often people use two different versions of a feature on IvorySafe we can understand which version is better.
  • Improve IvorySafe and offer new features.
  • Send you updates (such as confirmation of Deposit Material updates) and news by email or push notification, depending on your settings. You can decide to stop getting these notifications by updating your settings.

Research and development. We may anonymize personal information and use the anonymized information for research and development, including to analyze and improve the Site and promote our business.

Compliance and protection. We may use your personal information to:

  • Comply with applicable laws, lawful requests, and legal processes, such as responding to subpoenas or requests from government authorities.
  • Protect our, your or others’ rights, privacy, safety, or property (including by making and defending legal claims).
  • Audit our internal processes for compliance with legal and contractual requirements and internal policies.
  • Enforce the terms and conditions that govern the Sites.
  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.
  • Work with law enforcement to keep IvorySafe safe and to prevent unlawful activity.

In addition to the specific circumstances above, we may use your information in order to:

  • Send you marketing materials by email, text, push notification or phone call depending on your account or operating system settings. Each time we send you marketing materials, we give you the option to unsubscribe.
  • Identify your precise location and customize the content we show you.

3. DISCLOSURE OF INFORMATION

IvorySafe does not sell your personal information. IvorySafe uses the Registration Information you provide to operate our Service. Our policy is to not disclose your Registration Information, Deposit materials or personal information to anyone outside of IvorySafe, except in the limited circumstances described below:

  • Emergency Contacts -- After the occurrence of a Life Event and following the waiting period, we will fulfill our obligations to provide your Deposit Materials to your designated Emergency Contacts in accordance with the Terms of Use.
  • Service Providers – We engage certain trusted third parties such as Digital Ocean to provide a host platform and provide services to us. We may share your Registration Information, Deposit Materials or personal information with these third parties for the purposes of performing these functions and providing such services. Unless we tell you differently, such third parties do not have any right to use the personal information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage include third party companies and individuals employed by us to facilitate our services, including the provision of database management, payment processing and customer relationship management tools.
  • Law and Harm – We think it is very important that all Users comply with applicable law while using the Site. We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement inquiries from within or outside your country of residence where we are required to by law, where there is an investigation into alleged criminal behavior or to protect the vital interests of a person. This may include preserving or disclosing any of your information, including your Registration Information and Deposit Materials if we believe in good faith that it is necessary to comply with a law or regulation, or when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal request; to protect the safety of any person; to address fraud, security or technical issues e.g. through anti-spam providers to protect the service from criminal activity or to protect our rights or property or those of third parties. In such cases, we may raise or waive any legal objection or right available to us.
  • Business Transfers – In the event that IvorySafe or any of its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re- organization, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to transfer your personal information to a successor-in- interest.
  • Anti-Spam and Anti-Fraud – Your data may be shared with other IvorySafe verified partners, for example, to block accounts and suspected fraudulent payment transactions as part of our anti-spam and anti-fraud procedures.
  • Aggregated Information – We may share aggregated information with third parties that includes your personal information (but which does not identify you directly) together with other information including log data for industry analysis and demographic profiling.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising -- You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Targeted Advertising -- We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

4. MORE INFORMATION ABOUT DISCLOSURES

We engage certain trusted third parties to perform functions and provide services to us (“Service Providers”). The suppliers with which IvorySafe shares User personal information vary depending on a variety of factors, such as which of our apps, websites, and services a User engages with. For example, to provide our services to Users, we typically use the following suppliers:

  • Authentication services – to allow customers to authenticate their account and offer users a higher level of confidence in the user’s identity.
  • Product improvement and market research – we use third party platforms and agencies to carry out customer surveys and market research to improve our products and services.
  • IT services – some of the third-party software providers used in the operation of our business may process Users’ personal information.

5. AGE 18 OR OLDER

You must be at least 18 years old to use IvorySafe.

IvorySafe does not knowingly collect any information about or market to children, minors, or anyone under the age of 18. If you are less than 18 years old, we request that you do not submit information to us. If we become aware that a child, minor, or anyone under the age of 18 has registered with us and provided us with personal information, we will take steps to terminate that person’s registration and delete their Registration Information from IvorySafe. If we do delete a profile because you violated our no children rules, we may retain your email and IP address to ensure that you do not try to get around our rules by creating a new profile.

6. SECURITY

We strive to take all appropriate security measures to help protect your information against loss, misuse, and unauthorized access, or disclosure, including through the use of multi-factor authentication. We use reasonable security measures to safeguard the confidentiality of your personal information such as secured servers using firewalls.

Unfortunately, no website or Internet transmission is ever completely 100% secure and even we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, but here are some tips to help keep your data secure:

  • Please make sure you log out of your Account after use, especially if you share devices.
  • Please don’t share the password you use to access your Account with anyone else.
  • Change your password periodically.

If you ever think someone has had access to your password or Account, please email support@ivorysafe.com. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. 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 Site.

7. YOUR CALIFORNIA PRIVACY RIGHTS

For Users who are California residents, you have the following rights (in addition to those listed in section 8 below) under the California Consumer Privacy Act, and you have the right to be free from unlawful discrimination for exercising your rights under the Act:

  • You have the right to request that we disclose certain information to you and explain how we have collected and used your personal information over the past 12 months.
  • You have the right to request that we delete your personal information that we collected from you, subject to certain exceptions.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. We are currently not disclosing any User personal information to third parties for marketing or advertising purposes. If you have any questions about our non-disclosure of User personal information to third parties at this time, you can write to us at support@ivorysafe.com.

In addition, under California law, operators of online services are required to disclose how they respond to “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information of a consumer over time and across third-party online services, to the extent the operator engages in that collection. At this time, we do not track our Users’ personal information over time and across third-party online services. This law also requires operators of online services to disclose whether third parties may collect personal information about their users’ online activities over time and across different online services when the users use the operator’s service. We do not knowingly permit third parties to collect personal information about an individual User’s online activities over time and across different online services when using the Site.

8. YOUR RIGHTS

Some jurisdictions may give you the following rights with respect to your personal information:

  • Right to be informed: what personal information an organization is processing and why (we provide this information to you in this Privacy Policy).
  • Right of access: you can request a copy of your information.
  • Right of rectification: if the information held is inaccurate, you have the right to have it corrected.
  • Right to erasure: you have the right to have your information deleted in certain circumstances.
  • Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the information retained.
  • Right to data portability: you can request a copy of certain information in a machine- readable form that can be transferred to another provider.
  • Right to object: in certain circumstances (including where information is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.

You have the right to access the personal information we hold about you in order to verify the personal information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your personal information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another User. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your personal information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your personal information as appropriate. As appropriate, this amended personal information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate personal information about you enables us to give you the best possible service.

If you want to exercise any of your rights listed above please email us at support@ivorysafe.com. You can also send us mail at the following address: IVORYSAFE LLC Attn: Legal Department, 12401 S 450 E, Suite F1, Draper, UT 84020. For your protection and the protection of all of our Users, we may need to request specific information from you to help us confirm your identity before we can answer the above requests.

If you have a concern about how we have processed your request or your personal information, you should contact us in the first instance via the contact details listed above.

9. DATA PROCESSING IN THE UNITED STATES

IvorySafe is headquartered in the United States and we currently intend to use Service Providers that operate in the United States.

10. DATA RETENTION AND DELETION

We keep your information only so long as we need it to provide the Services to you and fulfill the purposes described in this Policy. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or depersonalize it so that we cannot identify you. We may retain a copy of your personal information in our archives.

You may permanently delete your Account at any time, though deletion is irreversible. When you delete your account, we will deactivate it, remove your profile from IvorySafe and delete your Deposit Materials and account data. Please note that there may be legal reasons for us to keep your data, such as if we receive a law enforcement request asking us to preserve data. We may also retain certain information in our backup systems for a limited period of time, or as required by law.

To prevent abuse and/or misuse of IvorySafe by a User following termination or deletion of a profile/Account we shall retain such information as we deem in our sole discretion may be necessary to ensure that User does not open a new account and profile in breach of our Terms of Service and to ensure compliance with all laws and regulations.

Warning: Even after you remove information from your profile or delete your account, copies of that information may still be viewable and/or accessed to the extent such information has been previously shared with others, or copied or stored by others. We cannot control this, nor do we accept any liability for this. If you have given third-party applications or websites access to your personal information, they may retain such information to the extent permitted under their terms of service or privacy policies.

11. CHANGES TO THIS POLICY

As IvorySafe evolves, we may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://ivorysafe.com/legal/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you, for example, via an email to the email associated with your Account and/or by posting a notice within IvorySafe. Previous versions of our Privacy Policy may be found here: https://ivorysafe.com/legal/privacy.