LastWhispers Privacy Notice

LastWhispers (“LastWhispers,” “we,” “our” or “us”) offers a secure, centralized location for you to organize your estate and leave messages to designated individuals about your plans and wishes for your estate after you have passed.  This Privacy Notice explains how we protect and safeguard the information you provide to us through our website, www.LastWhispers.com, (our “Site”).  Our privacy and security measures are intended to provide security for your personal information.  In addition to this Privacy Notice, we have established Terms of Service setting forth the rules and polices that govern the use of the Site.  A copy of the Terms of Service can be found at [link].  By using this Site or providing us your personal information, you agree to be bound by the terms of this Privacy Notice and our Terms of Service.  If you do not agree with any term in this Privacy Notice or our Terms of Service, please do not provide us with your personal information or use the Site.

If you have any questions concerning this Privacy Notice or our Terms of Service, including how to access, correct or delete any information about you collected through this Site, please contact us at [email address and/or phone number].

The information we might collect about you.  LastWhispers collects information about you that you provide to us through this Site that you intend to be accessed only by you and those you designate who may have your permission to access to the information.  Depending on what you choose to enter or upload to this Site, this information might include names, addresses, phone numbers, tax-related documents, assets listing, medical information  and providers, list of dependents and their relation to subscriber and their contact information, a listing of online accounts both social and debt related, a listing of all creditors with bill information, personal property listing, business and/or employment information, pets, firearm ownership, personal licenses, social memberships with contact info, insurance info, personalized audio messages and pictures, videos, other important documents, attorney and consultant and doctor info, last wishes and burial instructions, obituary info, other properties owned, how-to-locate important items (such as where the keys are for safe deposit box, shed, car, etc., documents, pictures, voice recordings, videos, listings of online accounts, personal messages, and others.

We do not store billing details, but work with a third party provider for billing and payment.

This website is not intended for children, and we do not knowingly collect data from children.

How we collect information.  You might give us information about yourself and others by submitting that information online via this Site [or through phone calls or emails with our customer service representatives].  This includes personal information you provide to create an account and input information you wish to communicate to designated individuals regarding the disposition of your assets and other affairs.  We may also collect some information automatically, such as technical information about your device, browsing actions and patterns through the use of cookies.

Cookies.

How we will use information we collect.  We will use the information we collect about you, either from you directly or automatically, to perform the services we agree to provide through our Terms of Service, in order to comply with a legal or regulatory obligation, to register you as a customer, to collect payment for services, to administer and protect our business and this Site,

Transfers of Personal Data outside the European Economic Area (EEA).  If we or any third party providers, such as our third-party billing and payment service provider, are based or provide service outside the EEA, we might transfer your data outside the EEA.  LastWhispers relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we collect and transfer personal data outside the EEA only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of LastWhispers in a manner that does not outweigh your rights and freedoms. We endeavor to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with us and the practices described in this Privacy Notice.

Data Security. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention. We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If you wish to access, correct, delete or transfer your personal data and have any difficulty doing so via this Site, please contact us for assistance.

Governing Law.  This Privacy Notice is governed by the laws of the State of Virginia without regard to its conflict of laws rules.

If we make material changes to this Privacy Notice, we will so indicate on our website.  This version of our Privacy Notice was last updated on [date].

3. EMBEDDED CONTENT

Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:

FACEBOOK

The Facebook page plugin is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. See their privacy policy here: Facebook Privacy Policy .

TWITTER

We use the Twitter API to display our tweets timeline on our site. Twitter has its own cookie and privacy policies over which we have no control. Your IP is not sent to a Twitter server until you consent to it. See their privacy policy here: Twitter Privacy Policy .

YOUTUBE

We use YouTube videos embedded on our site. YouTube has its own cookie and privacy policies over which we have no control. There is no installation of cookies from YouTube and your IP is not sent to a YouTube server until you consent to it. See their privacy policy here: YouTube Privacy Policy.

4. COOKIES

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.

NECESSARY COOKIES (ALL SITE VISITORS)
  • cfduid: Is used for our CDN CloudFlare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. See more information on privacy here: CloudFlare Privacy Policy.
  • PHPSESSID: To identify your unique session on the website.
NECESSARY COOKIES (ADDITIONAL FOR LOGGED IN CUSTOMERS)
  • wp-auth: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
  • wordpress_logged_in_{hash}: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
  • wordpress_test_cookie Used by WordPress to ensure cookies are working correctly.
  • wp-settings-[UID]: WordPress sets a few wp-settings-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
  • wp-settings-[UID]:WordPress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
5. WHO HAS ACCESS TO YOUR DATA

If you are not a registered client for our site, there is no personal information we can retain or view regarding yourself.

If you are a client with a registered account, your personal information can be accessed by:

  • Our system administrators.
  • Our supporters when they (in order to provide support) need to get the information about the client accounts and access.
6. THIRD PARTY ACCESS TO YOUR DATA

We don’t share your data with third-parties in a way as to reveal any of your personal information like email, name, etc. The only exceptions to that rule are for partners we have to share limited data with in order to provide the services you expect from us. Please see below:

ENVATO PTY LTD

For the purpose of validating and getting your purchase information regarding licenses for our theme, we send your provided tokens and purchase keys to Envato Pty Ltd and use the response from their API to register your validated support data. See the Envato privacy policy here: Envato Privacy Policy.

TICKSY

Ticksy provides the support ticketing platform we use to handle support requests. The data they receive is limited to the data you explicitly provide and consent to being set when you create a support ticket. Ticksy adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: Ticksy Privacy Policy.

7. HOW LONG WE RETAIN YOUR DATA

When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation.

If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.

8. SECURITY MEASURES

We use the SSL/HTTPS protocol throughout our site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization.

In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.

9. YOUR DATA RIGHTS
GENERAL RIGHTS

If you have a registered account on this website or have left comments, you can request an exported file of the personal data we retain, including any additional data you have provided to us.


You can also request that we erase any of the personal data we have stored. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being an active customer (i.e. basic account information like an email address).

If you wish that all of your data is erased, we will no longer be able to offer any support or other product-related services to you.

GDPR RIGHTS

Your privacy is critically important to us. Going forward with the GDPR we aim to support the GDPR standard. AncoraThemes permits residents of the European Union to use its Service. Therefore, it is the intent of AncoraThemes to comply with the European General Data Protection Regulation. For more details please see here: EU GDPR Information Portal.

10. THIRD PARTY WEBSITES

AncoraThemes may post links to third party websites on this website. These third party websites are not screened for privacy or security compliance by AncoraThemes , and you release us from any liability for the conduct of these third party websites.

All social media sharing links, either displayed as text links or social media icons do not connect you to any of the associated third parties, unless you explicitly click on them.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. AncoraThemes bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

11. RELEASE OF YOUR DATA FOR LEGAL PURPOSES

At times it may become necessary or desirable to AncoraThemes, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

Any passing on of personal data for legal purposes will only be done in compliance with laws of the country you reside in.

12. AMENDMENTS

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our services.

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