Privacy Policy

1. Information We Collect

• Personal Information: Name, email address, phone number, and payment information (processed via secure third-party processors such as Stripe) when you create an account or make a purchase.
• Memorial Content: Photos, videos, stories, tributes, and other media you voluntarily upload to memorial pages. Memorial pages are public by default. Public memorial content can be viewed, indexed by search engines, cached, copied, or shared by others, and copies made outside the Service may persist even after the content is deleted from MemoriTree.
• Usage Data: Technical information such as your IP address, browser type, device information, operating system, referring URLs, and pages visited. We use PostHog for product analytics and Google Tag Manager for event tracking to understand how our platform is used and to improve performance.
• Assisted Drafting and Moderation Data: Some features send content through OpenRouter to the selected third-party AI model provider (such as Google or OpenAI) so it can be processed on our behalf. When you use assisted drafting (such as the obituary writer), what you enter is sent for drafting, which can include the deceased's details and the names of family members you choose to include. When you post content such as a guestbook message or a photo, that content and your name may be sent for automated moderation. Generated output may be stored as part of your memorial content.
  MemoriTree does not use your content to train its own AI models. OpenRouter and the selected model provider process content under their applicable data-use and retention terms, including measures needed to operate and prevent abuse. You should review, edit, and approve any drafted text before publishing it, because AI-generated content can be inaccurate, incomplete, or inappropriate, and automated moderation reduces risk but does not catch everything.
• Sensitive Data Disclaimer: By creating a memorial or posting tributes, stories, or obituaries, you explicitly consent to the public processing of any sensitive personal data (such as health information, religious beliefs, or political opinions of the deceased) that you voluntarily choose to include in that content. You represent that you have the right to share such information and understand that it will be publicly accessible.
• Fundraiser Data: If you create or contribute to a Memorial Fundraiser, we and our payment processor (Stripe) collect the information needed to process donations and payouts. For donors, this includes your name and email address (collected at checkout), the donation amount, and whether you chose to give anonymously. Unless you give anonymously, your name and donation amount appear publicly on the memorial. We do not display your email address publicly, and organizers do not see donor email addresses in the Service today; we use your email to send receipts and process refunds. For organizers, the identity and bank information required for payouts (such as Social Security number, date of birth, photo ID, and bank account details) is collected directly by Stripe under Stripe's own privacy policy; MemoriTree does not store your Social Security number, identity documents, or bank account numbers, and retains only verification status, payout state, and an opaque bank-account fingerprint used for fraud prevention.

2. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to operate, analyze, and improve the Service. Cookies are small data files placed on your device when you visit our website.

• Essential Cookies: Required for the Service to function properly (e.g., authentication, session management). These cannot be disabled.
• Analytics Cookies: Used by PostHog and Google Tag Manager to collect usage data that helps us understand how the Service is used and identify areas for improvement. If you are signed in, this data may be associated with your account.
• Advertising Measurement Cookies: Set by Google when you arrive from our advertising and used to attribute purchases and signups to our own campaigns (for example, by storing an ad-click identifier). See Section 4 for what we report to advertising platforms.
• Preference Cookies: Used to remember your settings and preferences (e.g., theme, language).

You can manage or disable non-essential cookies through your browser settings. Disabling certain cookies may affect the functionality of the Service. We are committed to complying with applicable cookie consent requirements, including those under the GDPR and ePrivacy Directive for users in the European Economic Area and the United Kingdom.

3. How We Use Your Information

• To provide, maintain, and improve our memorial services.
• To process transactions and send order confirmations.
• To communicate with you regarding your account, updates, or support requests.
• To send memorial digest emails if you have subscribed to memorial updates.
• To generate drafted content at your request (e.g., obituary drafts).
• To moderate content for compliance with our Terms of Service.
• To monitor the integrity and security of our platform.
• To comply with legal obligations.

4. Data Sharing and Disclosure

• Service Providers: We share data with trusted third-party vendors for payment processing (Stripe), hosting (Vercel, Supabase), email delivery (Resend), analytics (PostHog, Google), order fulfillment (our florist and tree-planting partners, who receive the delivery and recipient details needed to fulfill an order), assisted drafting and content moderation routing and processing (OpenRouter and the selected model provider, such as Google or OpenAI), and other operational services. These providers are contractually obligated to protect your data and may only use it to perform services on our behalf.
• Legal Requirements: We may disclose information if required by law, subpoena, court order, or other legal process, or to protect the safety, rights, or property of MemoriTree or others.
• Business Transfers: In the event of a merger, acquisition, reorganization, or sale of all or substantially all of our assets, user information may be transferred as a business asset. We will notify you via email or prominent notice on the Service before your personal information becomes subject to a different privacy policy.
• No Sale of Personal Data; Advertising Measurement: We do not sell your personal data, and we do not use it to target advertising at you or anyone else. We do measure the performance of our own advertising: when a purchase or signup results from an ad click, we report the conversion (a click identifier, the conversion value, and the time) to the advertising platform (such as Google), and our advertising tags may also provide a hashed version of your email address, phone number, or name, which the platform uses only to match the conversion to the ad interaction and processes under its data processing terms. Identifiers are hashed on your device before they are sent, so the platform does not receive the raw values, and this reporting never includes memorial content. You can opt out of advertising measurement at any time by contacting us at support@memoritree.com or, where the cookie banner is shown, by rejecting analytics cookies. We also honor the Global Privacy Control (GPC) browser signal as a valid opt-out of this advertising measurement: when your browser sends GPC, we do not store advertising click identifiers for you and do not send conversion or enhanced-conversion data about you to advertising platforms.
• Protection of Memorial Authors: We strictly protect the privacy of our users. We will not disclose the identity, email address, or personal information of a memorial author to any inquiring individual or third party unless explicitly authorized by the author or required by a valid legal process (such as a court order or subpoena).
• Fundraiser Payouts: For Memorial Fundraisers, we share donation and organizer information with our payment processor (Stripe, using Stripe Connect) to process donations, run required identity verification, and make payouts to organizer-controlled connected accounts. Stripe collects organizer identity and bank-account information directly. Donor names and donation amounts are displayed on the memorial as described in Section 1; donor email addresses are used for receipts and refund processing and are not displayed publicly.

5. Data Retention

We retain memorial data indefinitely to preserve the legacy of loved ones, unless removal is requested by the account holder or an authorized family member. Account and transaction data are retained as long as necessary to fulfill legal and accounting requirements. Upon account termination, your data will be handled in accordance with Section 12 of our Terms of Service.

6. Security

We implement industry-standard security measures, including SSL/TLS encryption, secure servers, and access controls, to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

In the event of a data breach that affects your personal information, we will notify you and any applicable regulatory authorities as required by applicable law, and will take commercially reasonable steps to mitigate the impact.

7. Your Rights and Choices

• Access and Correction: You may access and update your profile information via your account settings.
• Deletion: You may request the deletion of your account or specific data by contacting support@memoritree.com.
• Data Portability: You may request a copy of your personal data in a structured, commonly used format by contacting us.
• Cookies: You can manage or disable cookies through your browser settings. See Section 2 for details.
• Marketing Communications: You may opt out of receiving promotional emails from us by following the "unsubscribe" instructions included in each email. You may unsubscribe from memorial digest emails at any time. Please note that even if you opt out of marketing emails, you will continue to receive transactional messages regarding your account (such as payment receipts or security updates).

8. Children's Privacy

Our Service is not intended for individuals under the age of 18. We do not knowingly collect personal information from anyone under 18 years of age. If we discover that we have collected personal information from a person under 18, we will delete that information promptly. If you believe that a person under 18 has provided us with personal information, please contact us at support@memoritree.com.

9. California Privacy Rights

Residents of California have specific rights under the California Consumer Privacy Act and the California Privacy Rights Act (CCPA/CPRA), including:

• The right to know what personal information we collect, use, and disclose;
• The right to request deletion of your personal information;
• The right to opt out of the sale or sharing of personal information. We do not sell personal information; to the extent the hashed-identifier advertising measurement described in Section 4 is considered "sharing," you may opt out at any time by contacting us at support@memoritree.com or by enabling the Global Privacy Control signal in your browser, which we honor automatically;
• The right to non-discrimination for exercising your privacy rights.

To exercise these rights, please contact us at support@memoritree.com. We will verify your identity before processing your request and will respond within the timeframes required by applicable law.

10. Rights for Users in Europe and the UK

If you are located in the European Economic Area (EEA) or the United Kingdom (UK), you have specific rights under the General Data Protection Regulation (GDPR) and UK GDPR:

• Legal Basis for Processing: We process your personal data based on: (a) contractual necessity (to provide the memorial services you request); (b) consent (for the sensitive data you voluntarily choose to include in memorial content, and for non-essential cookies); and (c) legitimate interests (to secure, improve, and market our platform, where such interests are not overridden by your data protection rights).
• Your Rights: You have the right to request access to your personal data, correct inaccuracies, request deletion ("right to be forgotten"), restrict processing, object to processing based on legitimate interests, and receive your data in a portable, machine-readable format.
• Withdrawal of Consent: Where we process your data based on consent, you may withdraw your consent at any time. Withdrawal does not affect the lawfulness of processing carried out prior to withdrawal.
• Complaints: You have the right to lodge a complaint with your local data protection supervisory authority if you believe your rights have been violated.

11. International Data Transfers

MemoriTree operates in the United States. If you access our Service from outside the U.S., your information may be transferred to, stored, and processed in the United States, which may have different data protection laws than your country of residence. Where we transfer personal data from the EEA or UK to the United States, we rely on applicable legal mechanisms to ensure adequate protection for your data, including Standard Contractual Clauses approved by the European Commission where required. By using the Service, you consent to the transfer of your information to the United States and other jurisdictions where we or our service providers operate.

12. Changes to This Policy

We may update this Privacy Policy from time to time. For material changes, we will provide at least thirty (30) days' advance notice via email to your registered account address or through a prominent notice on the Service. The current version will always be posted on this page with an updated effective date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Privacy Policy.

13. Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions, consistent with our Terms of Service.

14. Contact Us

If you have questions about this Privacy Policy or wish to exercise any of your rights, please contact us:

Email: support@memoritree.com

Operator: Albatross Ecommerce LLC

Mailing Address: 254 Chapman Rd, Ste 209, Newark, DE 19702