LastWhispers Terms of Service

These terms of service (“Terms of Service”) constitute a legal agreement between you and LastWhispers.com, LLC, a limited liability corporation organized under the laws of the State of Virginia (“LastWhispers”).  Any reference to LastWhispers in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the words “you” and “your” refer to you, the user of our website and services.

Acceptance of Terms.  LastWhispers provides its website and services to you subject to these Terms of Service, which may be updated by us from time to time. By using our website or our services, you signify your agreement with these Terms of Service. You agree that your use of the website or services will always be subject to the most current version of these Terms of Service at the time of such use. You may not use our website or our services, and you may not accept these Terms of Service if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with LastWhispers. If you accept these Terms of Service, you represent that you have the capacity to be bound by them.  We suggest you print or save a copy of these Terms of Service for your records. Depending on your activities when visiting our website or using our services, you may be required to agree to additional terms and conditions.

Services Offered.  LastWhispers is a subscription-based website service providing secure storage of important personal messages you wish to leave for designated people so they will know your wishes or receive messages from you after you have passed or otherwise ended a relationship. LastWhispers enables you to create a more personalized estate plan containing information you want selected people to know.  Our website offers secure organized storage spaces arranged by categories that include documents, pictures, voice recordings, videos, listings of online accounts, personal messages, and others.

Your Use of Our Website or Services.  Your right to access and use our website or services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the website or services for lawful purposes. Accurate records enable us to provide these services to you. You represent that you are a legal owner of, and that you are authorized to provide us with, all information necessary to facilitate your use of LastWhispers services.

For security reasons, we may seek to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to take steps to confirm ownership of your email address. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use our services. Your access and use of the website or services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the services, or other actions that LastWhispers, in its sole discretion, may elect to take. In no event will LastWhispers be liable to any party for any loss, cost, or damage that results from any period of downtime of our website or our services.

Any fees applicable to your use of our services will be charged regardless of whether or how often you use the services during each period for which you have subscribed to the applicable service. There may be charges for additional transactions and other optional services that you elect to use. You agree to pay fees for all the services you use or subscribe to as described on the website.

You authorize LastWhispers or its third party payment processors to charge your credit card upon the due date of your subscription payment. If you are directed to LastWhispers’ third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Your membership fees will automatically renew at the end of each term unless you notify us of your desire to terminate your use of our services before the end of the current term. All fees are non-refundable and non-transferable. There will be no refunds or credits for partial term of service.

Privacy Policy.  LastWhispers is committed to protecting your privacy. Our use of your personal information is governed by the terms of LastWhispers’ Privacy Policy, which is incorporated into these Terms of Service. The Privacy Policy may be updated from time to time at our discretion, and changes will be effective upon our posting them to our website. A copy of the Privacy Policy can be found at https://www.lastwhispers.com.

Member Account, Password and Security.  If you register for an account on our website, you will receive a password and account designation (your “Website Credentials”) upon completing the registration process. You are responsible for maintaining the confidentiality of your Website Credentials. We strongly recommend that you exit and log off from your account at the end of each session and that you enable password-protection and other security features that may be made available on the website.

If you believe that your Website Credentials or device that you use to access our website has been lost or stolen, that someone is using your account without your permission, or that an Unauthorized Transfer (as defined herein has occurred, you must notify us IMMEDIATELY in order to minimize your possible losses. The following is our contact information: [email protected]

Term and Termination.  These Terms of Service will be in effect from the date you first access our website. You may terminate your account with LastWhispers at any time. LastWhispers may terminate or revise these Terms of Service at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your account with respect to any Website or Service shall survive any termination of these Terms of Service. The termination of your account with LastWhispers shall not affect any fees or charges already due to us from you.

You agree that LastWhispers, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of our website or services, for any reason, including for lack of use or if LastWhispers believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or other terms applicable to our website or services. LastWhispers may, also, in its sole and absolute discretion, and at any time, discontinue providing the website or services, or any part thereof, with or without notice. You agree that any termination of your access to a Website or Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that LastWhispers may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files, the website, or the services by you. Further, you agree that LastWhispers shall not be liable to you or any third party for any termination of your access to the website or the services.

You can cancel your registration with us at any time and have your information deleted from our records. To delete your account, https://www.lastwhispers.com .

Indemnity.  You agree to defend, indemnify, and hold harmless LastWhispers from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees, whether in tort, contract, or otherwise, that arise out of or relate, in whole or in part, to your breach of these Terms of Service or any activity by you in relation to the website or your use of the services.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.  THE WEBSITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LASTWHISPERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITES OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR SOLE RISK. LASTWHISPERS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE WEBSITES OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. LASTWHISPERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION. THE SERVICE IS NOT INTENDED TO PROVIDE ESTATE PLANNING, LEGAL, TAX, OR FINANCIAL ADVICE. LASTWHISPERS IS NOT AN ESTATE PLANNER, FINANCIAL PLANNER, BROKER, OR TAX ADVISOR.

The Service is intended only to assist you in estate organization and is broad in scope. Before making any final decisions or implementing any estate planning strategy, you should consider obtaining additional information and advice from your attorney, accountant or other professional estate planning or financial advisors who are fully aware of your individual circumstances. LastWhispers does not assume any responsibility for the completeness, accuracy, or failure to store account information. You understand and agree that any alerts provided to you through the services may be delayed or prevented by a variety of factors. LastWhispers makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. LastWhispers shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

LIMITATION OF LIABILITY.  LASTWHISPERS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE WEBSITES, THE SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE WEBSITES, OR ANY ERRORS, DEFECTS,INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF LASTWHISPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, LASTWHISPERS’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

EXCLUSIONS AND LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 OF THIS ARTICLE A MAY NOT APPLY TO YOU.

Remedies of User.  Your sole and exclusive remedy for any failure or non-performance of a Service, including any associated software or other materials supplied in connection with a Service, shall be for LastWhispers to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

Modification to the Website or Services.  LastWhispers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or services with or without notice. We reserve the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid subscriber to the applicable Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that LastWhispers shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Websites or Services.

No Unlawful or Prohibited Use.  As a condition of your use of the website and services, you represent and warrant to LastWhispers that you will not use the website or services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the website or services in any manner that could damage, disable, overburden, or impair the website or services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website or services. You agree not to access the website by any means other than through the interface that is provided by LastWhispers for use in accessing the website. If LastWhispers, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect LastWhispers, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following: i) We may close, suspend, or limit your access to your account or ability to use the Websites or Services; ii) We may update inaccurate information you provided us; iii) We may refuse to allow you to use the Websites or Services in the future; iv) We may take legal action against you; and v) You may be liable to LastWhispers for the amount of LastWhispers’ damages caused by  your violation of these Terms of Service. LastWhispers, in its sole discretion, reserves the right to terminate these Terms of Service, access to its website, or access to the services for any reason and at any time with or without notice to you.

LastWhispers’ Intellectual Property Rights.  All content included or available in connection with the website, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by LastWhispers or the licensors or suppliers of LastWhispers and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the Websites may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of LastWhispers or the appropriate licensor or supplier. Any feedback, questions, comments, suggestions, ideas, or the like that you send to LastWhispers will be treated as being non-confidential and nonproprietary, and LastWhispers will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information. No title to the Content or any other intellectual property rights therein, including software are transferred to you and LastWhispers hereby reserves for itself all such rights to the Content and intellectual property rights of LastWhispers related thereto.  The Content may comprise unpublished software, containing valuable trade secrets and its confidential and propriety to LastWhispers and/or its licensors and is commercial software developed at private expense.  You shall not do any of the following with respect to the Content or any intellectual property rights relating thereto:  directly or indirectly reverse engineer, reverse compile nor reverse assemble any software, in whole or in part, ii) do or permit to be done anything which shall adversely affect LastWhispers’ right, title or interest in the Content or intellectual property rights relating thereto; or (iii) remove, alter, suppress, destroy, or modify in any way any proprietary markings, including copyright or trademark notice. All non-LastWhispers product and service marks contained on or associated with the Websites are the trademarks of their respective owners. References to any names, marks, products, or services of third parties or hypertext links to third party websites or information do not necessarily constitute or imply LastWhispers’ endorsement, sponsorship or recommendation of the third party, information, product, or service.

Changes to Your Information.  You agree to promptly update all your profile information, including, as applicable, your name and email address and billing information. To update your account, log in to your account at https://www.lastwhispers.com, [use the tools provided to add, change or delete contents].  We are not responsible for any payment processing errors or fees or other services-related issues arising from your failure to keep your account information current.

Notices.  Notices to you may be sent via email, through the service by displaying links to notices generally on the website, [or to your mobile device]. You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information (“Communications”) may be provided by LastWhispers to you by electronic means (i.e., via email or by posting the information on the website). The categories of Communications that may be provided by electronic means include: i) These Terms of Service and any amendments, modifications, or supplements; ii) Records of any payment and other transactions you handle through the website or services, including payment histories and transaction confirmations; iii)   Disclosures or notices provided in connection with the Services, including any   required by federal or state law (including initial disclosures, periodic  statements, periodic and annual error resolution notices, initial and annual   privacy notices, opt-out notices, and change-in-terms notices); iv) Any customer service communications, including communications with respect to claims of error or unauthorized use of the Websites or Services; v) Any other communication related to the Websites or Services. All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on a Website, whether or not you have received the email or retrieved the Communication from the Website. An electronic Communication by email is considered to be sent at the time that it is directed by LastWhispers’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.

You agree to promptly update your account records with us if your email address changes so that we may contact you electronically. You may update your account records, such as your email address, as described in the Changes to Your Information section of these Terms of Service. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, LastWhispers will be deemed to have provided the Communication to you. Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the website or services.

Jurisdiction; Governing Law.  These Terms of Service shall be deemed and treated as though they were entered into, executed, and performed solely in the State of Virginia, and the laws of the State of Virginia, without regard for conflict of law rules thereof that would result in the application of the laws of another jurisdiction, apply to all matters relating to use of the websites or services and shall without limitation govern these Terms of Service. By use of the website or services, you agree that any lawsuit or other action brought or filed with respect to use of the website or services or concerning these Terms of Service shall be brought in a court of competent jurisdiction in Virginia, and you hereby submit to jurisdiction of such court, and any judgment by such courts shall be enforceable by any court worldwide. In any lawsuit or other action relating to enforcement or breach of these Terms of Service, the prevailing party shall be entitled to recovery of costs, fees, and expenses of any action, including attorneys’ fees and accounting fees.

TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND LASTWHISPERS SPECIFICALLY AGREE TO DO SO IN WRITING.

If you do not wish to be bound by this class-action waiver, you must notify LastWhispers in writing within 30 days of the date that you accept these Terms of Service. Your written notification must be mailed to: [32 Stonewall Road, Lake Monticello, Va.  22963].

Copyright Policy.  We respect the intellectual property rights of others and we ask that users of the website do the same. If you believe that your intellectual property is being used on the website in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act): i)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; iii)  Identification of the material that is claimed to be infringing or to be the   subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service  provider to locate the material; iv)  Information reasonably sufficient to permit the service provider to contact  the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be  contacted; v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner,  its agent, or the law; vi) A statement that the information in the notification is accurate, and under  penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; vii) The information specified above must be sent to our Designated Agent, whose contact information is as follows: [provide contact of designated agent]

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service. If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information: i) Identification of the copyrighted work that was removed, and the location on the Website where it would have been found prior to its removal; ii)   A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or mis-identification; and iii) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

Additional Terms.  To the extent that use of our services requires an interface with proprietary software owned, developed or licensed by LastWhispers, subject to the terms of this Agreement, LastWhispers grants you a limited, personal, non-exclusive, revocable license to view, download and print any Content on LastWhispers’ website solely for your non-commercial purposes.

Miscellaneous.  These Terms of Service constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between LastWhispers and you.

If any portion of these Terms of Service is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms of Service that is unlawful, void, or unenforceable shall be stricken from these Terms of Service. Headings used herein are for convenience only and shall not limit, control, or add to the meaning of any term, provision, or condition.

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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