Leavemark - Data Privacy Policy

Table of Contents

Overview
Definitions
What kinds of information do we collect?
What are some of the ways we use this information?
How is this information shared?
How long is my information stored?
How do we respond to legal requests or to prevent harm?
What are my rights?
How do I exercise my rights?
Our commitment to data security.
Our commitment to children’s privacy.
What if I’m in the European Economic Area?
Personal information we have collected, sold, or disclosed.
Accessibility for People with Disabilities.
How will we notify you of changes to this policy?

1. Overview

At Leavemark, we believe you should always understand what data we collect from you and how we use it, and that you should have meaningful control over both. We want to empower you to make the best decisions about the information that you share with us. That’s the purpose of this Privacy Policy. By using Leavemark Products, you consent to the terms of this Privacy Policy. You should read this Policy in full, but here are a few key things we hope you take away from it:

Leavemark will never sell your Personal Information to anyone, including for advertising purposes. Our “Fremium” based business model doesn’t require selling your Personal Information and we hold privacy and your personal information to the utmost importance.
Leavemark has both public and private sharing and storing spaces. Anything you choose to post publicly is immediately viewable by the parameters set by you. As a default setting, anything on Your Archive is viewable by any of your followers and anyone that is a part of your family tree. You can change this at any time within your settings. Anything you post on your newsfeed is viewable to anyone following you. You can control your settings to decide if you want to approve people following you or not. Anything posted within Shared Archives is only viewable based on the parameters you set, but the people in those groups have the options to share that data with others. If you don’t want something made public or potentially shared, you can store items in your private archive.
Use common sense when deciding what to share and who to share with. By default, all items on the Newsfeed (not in any of your Archive’s) will be automatically deleted within 30 days of posting, but that doesn’t mean people can’t take pictures of things that you’ve posted and share with them separately.
When you register for Leavemark, we receive some personal information from you like first name, last name, DOB, gender, email, phone, the type of device you’re using, your IP address, etc. You can also choose to share additional information with us like your address book contacts and items for your public profile. We use this information for things like keeping your account secure and allowing people to find you more easily.
We give you control through your settings to limit the data we collect from you and how we use it, and to control things like account security, apps that can access your account, and address book contacts. You can also always download the information you have shared on Leavemark.

If you have questions about this policy, how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time at support@leavemark.com.

2. Definitions

Leavemark Products. These are all of the products and services in the Leavemark environment.

Personal Information. Information that can be used to identify you, such as your name, address, email, IP address, and other similar information. Information such a photo of you or a voice recording is also Personal Information.

Private Archive. This is information that you do not share publicly, but that you keep secured in the Leavemark environment.

Your Archive. This is information you choose how to share and is designed to be viewable by members of your family tree for future generations, helping to build “The history of you”. It is listed as “My Archive” when you are selecting which archives to share with.

Shared Archive. This is information you share with a select group of people you know or choose to share with.

Time Capsule. This is information you select to be shared based on a specific triggering event, such as on a specific date or upon being in range of a specific location.

Newsfeed. This is your feed that shows posts from people you follow, birthdays, status updates, photos, videos, likes, etc.

User. This is anyone who uses the Leavemark Products.

3. What kinds of information do we collect and what do we do with it?

To provide you with Leavemark Products, we must process your information, including your Personal Information. The types of information we collect depend on how you want to use Leavemark.

Below is a list of what information we have collected over the past twelve months (as of the effective date of this Privacy Policy), the sources of that information, and what we do with it:

WHAT WE COLLECT	HOW WE GET IT	WHAT WE DO WITH IT	WHO WE GIVE IT TO
Identifiers: your name, postal address, IP address, and email address.	You provide this to us voluntarily during the registration process.	We use this information to communicate with You, make sure Your account is secure. We also showcase some of these identifiers in your profile section. You can manage what we showcase by editing your profile.	No one.
Content and communications that You provide when You use the Leavemark Products, including metadata regarding that content.	You provide this information voluntarily in your profile fields or life events through use of the Leavemark Products.	We use this information for to help with data sorting filtering and searching.	No one.
Internet or other electronic network activity information, including your browsing history, search history, cookie data, Your usage information (such as the actions You take, the content you view, and features and Leavemark Products You use), and your interaction with the Leavemark application.	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, test and improve the Leavemark Products.	No one.
Geolocation data	We obtain this information automatically through your use of the Leavemark application.	We use this information to use with our location-based Time Capsule. Once you are within range of the set location, we use your location to verify that you are eligible to open the Time Capsule.	No one.
Inferences drawn from the information listed above.	We create our own inferences based on our analysis of the data you provide to us or that we collect automatically.	We use this information to develop, test and improve the Leavemark Products.	No one.
Other categories of personal information, such as religious and political views, racial and ethnic information, philosophical beliefs, romantic interests, and personal health.	You provide this information voluntarily in your profile fields or life events through use of the Leavemark Products.	We do not use this information. Please note these could be subject to special protections depending on the laws of your country.	No one.
Information about your networks and connections, such as contact information of people you know.	We collect information about the people, accounts, categories and archives you are connected to based on the connections you make through your account.	We use this information to help you connect with people you may know.	No one.
Information about transactions you make. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details	We collect this information when you purchase or make a transaction using the Leavemark Products.	We use this information to help process your transactions.	We provide this information to the third parties with which You are transacting.
Device attributes, such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, run, test and improve the Leavemark Products.	No one.
Device operations and behaviors performed on the device, such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, run, test and improve the Leavemark Products.	No one.
Device identifiers such as unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use.	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, run, test and improve the Leavemark Products.	No one.
Device signals, such as Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, run, test and improve the Leavemark Products.	No one.
Data from device settings You allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, run, test and improve the Leavemark Products.	No one.
Device network and connection data, such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, run, test and improve the Leavemark Products.	No one.
Device cookie data stored on your device, including cookie IDs and settings. To read our cookie policy, click [here].	We obtain this information automatically through your use of the Leavemark application.	We use this information to develop, run, test and improve the Leavemark Products.	No one.

In addition to these specific categories of information, we also collect the following:

Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.
Adding Contacts through the Products: If you choose, you can find people you know with Leavemark accounts through our “Add Contacts” feature or by searching names and usernames on Leavemark. The “Add Contacts” feature may allow you to choose to find contacts either through your address book or through a search of names and usernames on Leavemark. If you choose to add your contacts through your address book, then you agree to provide Leavemark access to your address book such that we can regularly perform the search necessary to determine whether or not someone associated with the information you provide (including new contacts as you add them) is using Leavemark. If you choose to add your contacts through social media sites, then you understand that the information these sites provide to us to conduct this type of search is governed by their privacy policies and your account settings on those sites. If you choose to add your contacts through a search of names or usernames then simply type a name to search and see if that name or username appears on our Products.
Information we may receive from third parties: We may receive information about you from third parties. For example, by “following,” “liking,” adding the Leavemark application, linking your account to Leavemark Products, etc., a third party may pass certain information about your use of its service to Leavemark. This information could include, but is not limited to, the user ID associated with your account (for example, your Leavemark user ID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your address book, then your contacts’ user IDs, and your connection to those contacts, may be used and stored to make your experience more social, and to allow you to add your contacts on the Products as well as provide you with updates if and when your contacts join Leavemark. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Leavemark Products. You may also unlink your third-party account from the Products by adjusting your settings on the third-party service. If you unlink your third party account, we will remove the information collected about you in connection with that service.
Information for which we ask specific consent: From time to time, we may ask for your specific consent. This includes accessing your photo library, accessing your geolocation, or accessing your microphone. You can change your consent at any time by accessing the “Settings” feature on the Products.
Inviting a contact to use Leavemark from the “Add Contacts” feature: If you choose to use our invitation service to invite a third party to the Products through our “Invite contacts” feature, we may access and collect information from your address book available on your mobile device and/or your email account, with your permission, in order to find your contacts on the Products. You understand that by inviting a contact to Leavemark through the “Invite contacts” feature, you are allowing Leavemark to directly send a text or email from you using your personal accounts. In addition, you understand and agree that normal carrier charges apply to communications sent from your phone. Since this invitation is coming directly from your email or phone, we do not have access to or control this communication.

5. How is this information shared?

Although as noted below we do not share your Personal Information with third parties except as identified, there are other ways in which your Personal Information might be shared:

Sharing on Leavemark Products: When you share and communicate using Leavemark, you choose the audience for what you share. For example, when you upload something on Leavemark, you select the way you want to share it. You can keep things completely private or share on your newsfeed, or one of your archives.

Content others share or reshare about you: You should consider who you choose to share with, because people who can see your activity on Leavemark can choose to share it with others on and off of Leavemark, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later.

People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you on their newsfeed, mention you in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products and want to report the content, use the Report link that is near the content itself.

Corporate accounts.

We may provide corporate Leavemark users with access to aggregate reports outlining the kinds of people seeing their pages and how their pages are performing, but we don't share information that personally identifies you. Corporate accounts will only have access to see aggregate, anonymized information for people that are specifically following them, as we never provide individual information to anyone. We never sell them your information either.

Partners offering goods and services in our Products.

When you subscribe to receive premium content, or buy something from a seller, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details. Leavemark will never sell or provide your information to a seller, but you may choose to follow or connect specifically with someone who is offering a product or service.

6. How long is my information stored?

We store data until it is no longer necessary to provide our services and Leavemark Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.

When you delete your account, we delete things you have posted, such as your photos and status updates, Your Archive and Private Archive, and you won't be able to recover that information later. Information that you have shared with others through Shared Archives or information others have shared about you isn't part of your account and won't be deleted. This includes instant messages you might have sent through use of the Leavemark Products. If you don't want to delete your account but want to temporarily stop using the Products, you can disable your account instead. To delete your account at any time, please visit your Settings.

7. How do we respond to legal requests or prevent harm?

We access, preserve and share your Personal Information with regulators, law enforcement or others in the following circumstances:

In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so.
When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.
Information we receive about you (including financial transaction data related to purchases made with Leavemark) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.

8. What are my rights?

While users have the right to opt-out of the sale of their Personal information under California law, Leavemark does not sell your personal information.

Users may

Request that we delete their Personal Information (a “Right to Delete Request”).
Opt-out of the sale of their Personal Information (a “Right to Opt-Out Request”). Though Leavemark does not sell your Personal Information.
Request information about our collection, use, and disclosure of their information (a “Right to Know Request”), including:

(i) the categories and specific pieces of Personal Information we have collected about the User;
(ii) the categories of sources from which we have collected the User’s Personal Information;
(iii) the business or commercial purpose for collecting or selling the User’s Personal Information;
(iv) the categories of Personal Information we have sold about the User; and
(v) the categories of third parties with whom we have shared, disclosed for a business purpose, or sold the User’s Personal Information, and which categories of Personal Information we have sold to which categories of third parties.

We will not discriminate against Users for exercising their rights under relevant data privacy laws, including but not limited to the California Consumer Privacy Act. Consistent with applicable law, we may charge Users different prices, or provide different levels or quality of goods or services, if the difference is reasonably related to the value of their data. We may also offer financial incentives for the collection, sale, or deletion of your Personal Information.

9. How do I exercise my rights?

Requests for Information

You may request that we provide certain information about our use of your personal information, as specified above. To do so, you may submit a request via email at support@leavemark.com. Upon receiving a request from a User, we will take reasonable steps to verify the User’s identity. You must provide us with sufficient information to verify your identity, which may include first, last, DOB, etc. We will respond to a verified User request by: (a) providing the requested information; or (b) explaining to the User why the Act does not require us to provide the requested information.

We will respond to requests for information within 45 days. If a response requires additional time, we will notify the User of the basis for the delay and may extend our response period up to an additional 90 days. Unless there is a reason to deny a request, we will provide the information covering the 12 months preceding the request, free of charge, and in a readily useable portable format. We have no obligation to provide personal information to a User more than twice in a 12-month period. If a request or series of requests are manifestly unfounded or excessive, we may charge a reasonable fee for processing the request(s), or may refuse to process the request(s).

Requests to Opt Out

While you have the right to opt out of the sale of your Personal Information, Leavemark does not sell your Personal Information. This includes the information of Users under 18 years of age.

Requests to Delete

You may request that we delete your Personal Information by deleting your entire account at any time through your settings. However, You should know that, for technical reasons, the Personal Information and Content You delete may persist for a limited period of time in backup copies (though it will not be visible to other users).

Your Content will be accessible for 30 days from the date you initiate the deletion process. Once the 30-day period has ended, your account and ALL of your Content, including your Your Archive and any of your Delayed Releases, will be permanently deleted and cannot be recovered. Please download any Content you need prior to the end of that 30-day period. Users with whom you had any Shared Archives will still be able to view your Content in the Shared Archives within their accounts.

10. Our commitment to data security.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have instituted and maintain commercially appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to the information stored within users’ accounts.

Despite these safeguards, no website, database, or system is completely secure or "hacker proof,” so we recommend that you take additional measures to protect yourself and your information, including by ensuring that you have enabled the latest security features on your devices, closing browsers after use, and installing up-to-date anti-virus software.

11. Our commitment to children's privacy.

Protecting the privacy of the very young is especially important. For that reason, no part of our website is structured to attract anyone under the age of eighteen (18). We do not knowingly collect any Personal Information from children younger than the age of eighteen (18) without parental consent as required by U.S. law. We will delete any Personal Information collected that we later determine to be from a user younger than the age of eighteen (18) if not provided through parental consent. If you are a parent or guardian of a child under the age of eighteen (18) and believe he or she has disclosed Personal Information to us without parental consent, please contact us at support@leavemark.com.

12. What if I am in the European Economic Area?

We do not market our services to residents in Europe, nor do we have a place of business in Europe. We are thus not subject to Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of Personal Information and free movement of such Information, known as the General Data Protection Regulation (“GDPR”).

If you reside in the European Economic Area (EEA), please be aware that if you voluntarily provide us any personal information, that information will be transferred from the EU to data centers located in the United States for processing.

Although we are not subject to the GDPR, nevertheless we will honor your data privacy rights upon request. If you are a resident of the EEA, you have the right, as applicable under the GDPR, to the following:

Request an accounting of Personal Information that we possess that pertains to you in an electronically portable format (e.g., electronic copies of information attached to an email).

Request that we correct or update Personal Information that pertains to you.

Request that we delete Personal Information that pertains to you.

Fully or partially withdraw your consent to the collection, processing, and/or transfer of your Personal Information.

If you believe we are unlawfully possessing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find contact details here: https://edpb.europa.eu/about-edpb/board/members_en.

To request an accounting of your Personal Information, a correction or update to your Personal Information, deletion of your Personal Information, or to withdraw your consent to the collection, processing, and/or transfer of your Personal Information, please contact us at support@leavemark.com. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are legitimate grounds for further processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

13. Personal Information We Have Collected, Sold, or Disclosed

We have not sold any consumers’ personal information in the preceding 12 months.

We have not shared for a business purpose any consumers’ personal information in the preceding 12 months.

We honor “do not track” signals and do track, use cookies, or use advertising when a “do not track” mechanism is in place.

We do not authorize the collection of Personally Identifiable Information from our users for third party use through advertising technologies.

14. Accessibility for People with Disabilities.

If you have a disability, Leavemark provides access to this Privacy Policy by calling 1-844-888-0356.

15. How will we notify you of changes to this policy?

We make changes to this Privacy Policy from time to time, and ask that you periodically check in to read through the Policy. Before we make significant changes to this Policy, we will notify you.

Effective Date: December 4th, 2019.