Ohana Enterprises Inc. (the "Company", "We", "Us" or "Our") respects your privacy. This policy explains the accepted privacy practices for Our online commemoration community available at: http://www.memories.com (the "Website"). It describes the personal information that We collect directly from you, the information automatically logged when you use the Website, the ways We retain, use and disclose the information, and your rights with respect to such information.
This policy is incorporated to the Website's Terms of Use (the "Terms", or the "Terms of Use") and by using and accessing the Website, and its content and Services, you agree to be bound by the Terms of Use and other rules indicated on the Website, including this Privacy Policy.
Personal Information that We collect
We do not knowingly collect your personally identifiable information without your consent. When you register with the Website and set up your personal account, We will ask you to provide Us with certain contact and personal details such as your full name, age, email address and password to log-in, physical address, including your country and state, cellular phone number, etc. Additionally, certain Services, like opening a new Memory Haven and becoming a Memory Keeper on the Website (all as defined in the Terms of Use), may require you to furnish Us with payment details in order to register with the respective Service. We will explicitly state the information We require on the relevant web pages.
We may collect further information when you use any of the Services on the Website. For example, We may record the frequency and scope of your use of the Services, the duration of your sessions, the web pages that you visit, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties on the Website, the Internet protocol (IP) address and the name of the domain that serve you to access the Website, or any of the Services, and the geographic location of the computer system that you are using to log-in to the Website.
We may automatically gather this information, through the use of log files. If you are registered with the Website, the information We gather may be anonymous or in some instances personally identifiable. If you are not a registered user, than We will not knowingly make use of any information which personally identifies you, except as specifically indicated in this Policy.
Further information may be collected when We exchange communications with you, for example, if you submit an inquiry or a request to contact@memories.com, or when you contact Our designated Copyright Agent.
Personal information that you share
The Website enables you to upload, distribute, e-mail, disseminate, transmit or otherwise make your content available on the Website, and to share it with other users of the Memory Haven you're friend with and the Website. The content that you post, including text and images, will be disclosed to all Memory Haven's friends and other users of the Website, if tagged under "Shared Memories". However, if you wish to upload and post private memories for yourself, you must tag them as "Private Memories" and they will be disclosed to you only. At any given time, you may change the classification of certain content in the Memory Haven, from "Shared" to "Private" and vice versa.
Further, please note that the details you upload to your personal profile will be disclosed to all Website's users or, upon your indication, to your friends within the Memory Haven only; therefore, you must exercise caution and common sense when posting your content, especially any personally identifiable information. At the very least you should demonstrate the same degree of caution as when publishing your content by any means other than the Internet.
What do We do with your personally identifiable information?
We may use personally identifiable information for the following purposes:
- To provide and operate the Services;
- To improve and customize your experience with the Services;
- To provide you with support and handle questions and requests;
- To send you updates and notices, to provide you with information relating to the Services, and to provide you with further marketing and advertising material. At any time you may opt out of the mailing lists, by changing your preferences in your personal account. Third party commercial information will not be sent to you unless you agreed to receive it during registration to the Services or afterwards. In any case, We will not share your personal identifiable details with any advertisers, without your explicit consent;
- To facilitate communications with you, and between you and others;
- To enforce the Website's Terms of Use;
- To contact you as and when We believe it to be necessary;
- To comply with any applicable law and assist law enforcement agencies as required;
- In any case where We believe that the use of the information is necessary to prevent imminent physical harm or damage to property;
- To collect fees and debts, and to prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Services;
- To take any action in any case of dispute, or legal proceeding of any kind between you and Us, or between you and other users or third parties with respect to, or in relation with the Website.
Important notice about children's privacy
The Services are not intended for use by children under the age of 13. If you are not 13 years old or older, then you may not use any of the Services and must not provide any of your personal details.
We strongly encourage parents to monitor their children's use of the Web. We will delete a child’s personally identifiable information if a parent so requests by sending an e-mail to: contact@memories.com.
How do We use aggregated information?
We may use anonymous, statistical or aggregated information related to the use of the Services, including any aggregated information related to your personal account, and share, publish, post, disseminate, transmit or otherwise communicate or make available such information, to suppliers, business partners, sponsors, affiliates and any other third party, at Our sole discretion, provided however, that the information will not identify you personally and that We will not knowingly, or intentionally use the information to reveal your identity without your consent, under the terms of this policy.
We may also use anonymous, statistical or aggregated information to properly operate the Services, to improve the quality and functionality of the Services, to enhance your experience, to create new services, including customized services, to change or cancel existing content or services and for other internal and statistical purposes.
Sharing information with others
We do not sell, rent or lease your personally identifiable information to third parties for any of their marketing purposes. We may share personally identifiable information with others in any of the following instances, or subject to your explicit consent:
- When you use the Services. In this case, We will share your information only to the extent required to facilitate your use of the Services;
- If We believe that you have breached the Terms of Use, or abused your rights to use the Services, or performed any act or omission that We believe to be violating any applicable law, rules, or regulations. We may share your information in these cases, with law enforcement and other competent authorities as well as with other third parties, as may be required to handle any result of your wrongdoing;
- If We are required, or believe that it is required by law to share or disclose your information;
- In any case of dispute, or legal proceeding of any kind between you and Us, or between you and other users or third parties with respect to, or in relation with the Website;
- In any case where We believe that sharing information is necessary to prevent imminent physical harm or damage to property;
- If We organize the operation of the Services within a different framework, or through another legal structure or entity, or if We are acquired by, or merged with another entity, provided however, that those entities agree to be bound by the provisions of this policy, with respective changes taken into consideration;
- We may also share personally identifiable information with companies or organizations connected, or affiliated with Us, such as subsidiaries, sister-companies and parent companies.
How can you access your personal information?
If you are registered with the Website, then you may access your personal profile account and edit, or amend your personal information at any time. If you find that the information on your personal profile account is not accurate, complete or updated, than you may make all necessary changes to correct it. Please keep in mind that false, incorrect, or out dated information may prevent you from registering with the Services, impair Our ability to provide you with the Services and the ability to contact you.
Data retention
We reserve the right at all times to review, retain and disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, as well as Our internal needs. However, by doing so We do not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such information.
Information security
We implement information security systems and procedures to secure the information stored on Our servers. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security. Therefore, We cannot guarantee that the Services will be immune from unauthorized access to the information stored therein and to other information security risks.
Cookies
We may use cookies when operating the Services on the Website. Cookies are packets of information sent by Our servers to your web browser and then sent back by the browser. We may use cookies for various purposes, for example, to save you the need to re-enter your password each time you log-in to the Website, to facilitate the use of the Services, to collect information for statistical and analytical purposes, to verify information, to customize the Services to your personal preferences and for information security purposes.
Some of the cookies may expire when the session ends and you exit your browser. Other cookies may be stored on your computer’s hard drive. If you wish to block the cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Website and Services, or certain features thereof.
Advertising
We may permit certain other companies to conduct advertising campaigns on or through the Website. The advertisements that you see when accessing the Website are redirected from the servers of those advertisers. Some advertisers may use cookies on your computer. The use of cookies by the advertisers is subject to their own privacy policies and not to this Policy. If you wish to study the privacy policies of those advertisers you should visit their websites, or contact them directly.
Changes to this Privacy Policy
We may change and update the terms of this policy from time to time. All substantial changes that We make to this policy will be notified on the Website and take effect thirty (30) days following their initial posting. Other changes will take effect seven (7) days after their initial posting on the Website, unless We amend the policy to comply with legal requirements. In the latter cases the amendments will become effective as required, or ordered.
You agree to be bound by any of the changes made in the Privacy Policy, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended Policy. If you do not agree with any of the amended terms in this Policy, then you must avoid from any further use of the Website.
We advise you to periodically read the Privacy Policy, as it may change from time to time.
Last Updated: March 21, 2011